Posted the: 2007-05-08 Numac: 2006015050 FEDERAL PUBLIC SERVICE Foreign Affairs, trade outside and COOPERATION to development 21 February 2006. -Law concerning consent to the Convention on the marking of plastic explosives for the purpose of detection, done in Montreal on 1 March 1991 (1) (2) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. Convention on the marking of plastic explosives for the purpose of detection, done at Montreal on 1 March 1991, released its full and complete effect.
The amendment to schedule technical of the Convention, adopted in implementation of article VII, 3, of the Convention, which entered into force on 27 March 2002, will release its full and complete effect.
The amendments to the technical annex to the Convention, which shall be adopted in accordance with article VII, 3, of the Convention, while the Belgium opposes their adoption, will release their full and complete effect.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels on 21 February 2006.
ALBERT by the King: the Minister for Foreign Affairs, K. DE GUCHT. the Minister of the Interior, the Minister of defence P.DEWAEL, A.FLAHAUT the Minister of economy and foreign trade, VERWILGHEN Minister of mobility, R. LANDUYT seal of seal of the State: the Minister of Justice, Ms. L. ONKELINX _ Notes (1) Session 2005 - 2006: Senate: Documents. -Bill introduced on October 11, 2005, no. 3 - 1373/1. -Report, n ° 3-1373/2.
Parliamentary Annals. -Discussion. Meeting of November 24, 2005. -Vote. Meeting of November 24, 2005.
House of representatives: Documents.
-Draft transmitted by the Senate, no. 51-2121/1. -Text adopted in plenary and subject to Royal assent, meeting No. 51-2121/2.
Parliamentary Annals. -Discussion. Meeting of January 12, 2006. -Vote.
Meeting of January 12, 2006.
(2) Decree of the Flemish Region of July 7, 2006 (Moniteur belge of 30 August 2006); Decree of the Walloon Region from January 18, 2007 (Moniteur belge of 2 February 2007);
Order of the Region of Brussels - capital of July 20, 2005 (Moniteur belge of 2 September 2005).
Convention on the marking explosives and plastic sheets for the purposes of detection the States parties to this convention, conscious of the impact of terrorism on the security in the world, expressing their serious concern at the acts of terrorism aimed at the destruction of aircraft and other means of transportation and other targets, concerned the fact that plastic explosives and leaves have been used to carry out such acts of terrorism , Whereas the marking of explosives for the purpose of detection would contribute greatly to the prevention of these unlawful acts, recognizing that in order to prevent these unlawful acts, it is necessary to urgently establish an international instrument obliging States to adopt measures to ensure that plastic explosives and sheet are duly marked, whereas the Resolution 635 of 14 June 1989 United Nations Security Council as well as Resolution 44/29 of the General Assembly of the United Nations on 4 December 1989 urging the Organization of international civil aviation to intensify the work it takes to develop an international regime on marking of plastic explosives or sheets for the purpose of detection, taking into account Resolution A27 - 8 adopted unanimously by the Assembly (27th session) international civil aviation organization , which has approved assigning absolute priority, the preparation of a new international instrument on the marking of plastic explosives or sheets for the purpose of detection, noting with satisfaction the role played by the Council of the Organization of international civil aviation in the preparation of the convention as well as its willingness to assume the functions related to the implementation of the convention , Have agreed upon the following provisions: Article I: for the purposes of this convention: 1. «explosive», means the explosive products commonly called "plastic explosive", including the explosive in flexible or elastic sheet form, which are described in the technical annex to this convention.
2. by "detection agent" means a substance described in the technical annex to this convention which is added to an explosive to make it detectable.
3. by 'tagging', it means adding an explosive of a detection agent in accordance with the technical annex to this convention.
4. 'manufacture' means any process, including reprocessing, which resulted in the manufacture of explosives.
5. "duly authorized military devices" include, although the list is not exhaustive, shells, bombs, projectiles, mines, missiles, rockets, shaped charges, grenades and perforators manufactured exclusively for military or police in accordance with the laws and regulations of the State party concerned.
6. by 'Producer State' means any State on whose territory explosives are manufactured.
Article II each State party shall take necessary and effective measures to prohibit and prevent the manufacture on its territory of unmarked explosives.
Article III 1. Any State party shall take necessary and effective measures to prohibit and prevent the entry into its territory or exit from its territory of unmarked explosives.
2. the preceding paragraph does not apply to travel, for purposes not contrary to the objectives of this convention, by the authorities of a State party exercising military functions or police, unmarked explosives on which that State party exercises control in accordance with paragraph 1 of article IV.
Article IV 1. Any State party shall take the necessary measures to exercise strict and effective control on detention and exchanges of unmarked explosives that have been manufactured or introduced in its territory before the entry into force of this convention for that State, to prevent that they are diverted or used for purposes contrary to the objectives of this convention.
2. each State party shall take measures to ensure that all stocks of explosives referred to in paragraph 1 of this article which are not owned by its authorities exercising military functions or police, are to be destroyed or used for purposes contrary to the objectives of this convention, marked or definitely harmless renderings , within a period of three years from the entry into force of this convention for that State.
3. each State party shall take the necessary measures to ensure that all stocks of explosives referred to in paragraph 1 of this article which are held by its military or police duties and authorities which are not incorporated as an integral in duly authorized military devices, be destroyed or used for purposes not contrary to the objectives of the convention marked or rendered permanently harmless within a period of fifteen years from the entry into force of this convention for that State.
4. any State party takes the necessary measures to ensure that the destruction as soon as possible, its territory of unmarked explosives that may be discovered and which are not covered by the provisions of paragraphs preceding this section, other than stocks of unmarked explosives held by its authorities exercising military or police functions and incorporated as part in military gear duly allowed to the date of the entry into force of this convention for that State.
5. each State party shall take the necessary measures to exercise strict and effective control on detention and exchanges explosives referred to in paragraph II of the part 1 of the technical annex to this convention to prevent that they misappropriated or used for purposes contrary to the objectives of this convention.
6. each State party takes the necessary measures to ensure that the destruction, as soon as possible, on its territory of unmarked explosives manufactured since the entry into force of this convention for that State and which have not been incorporated in the manner described in paragraph d) of paragraph II of the technical annex to this convention part 1 , and the unmarked explosives falling more than any other subparagraph of that paragraph II.
Article V 1.
It is established by this convention an international technical Commission on explosives (hereinafter referred to as 'the commission'), composed of at least fifteen members and more than nineteen members appointed by the Council of the Organization of international civil aviation (called hereafter "the Board") from among persons nominated by the States parties to the present convention.
2. the members of the Committee are experts with direct and substantial experience in the fields of manufacturing or the detection of explosives, or research on explosives.
3. the members of the commission are appointed for a period of three years and may be re-appointed in their mandate.
4. the sessions of the commission are convened at least once a year at the headquarters of
the Organization of international civil aviation or at places and times fixed or approved by the Board.
5. the Committee adopted its rules of procedure, subject to the approval of the Council.
Article VI 1. The commission evaluates the technical evolution of manufacturing, marking and detection of explosives.
2. the commission, through the Council, communicates its conclusions to States parties and relevant international organizations.
3. where necessary, the commission shall submit to the Council's recommendations for amendments to the technical annex to this convention. The commission strives to make its decisions on those recommendations by consensus. In the absence of consensus, these decisions are taken by a majority of two-thirds of the members of the commission.
4. the Commission may, on the recommendation of the commission, propose to States parties amendments to the technical annex to this convention.
Article VII 1. Any State party may, within ninety days of the date of the notification of a proposal for amendment of the technical annex to this convention, communicate its observations to the Council. The Council shall transmit these observations as soon as possible to the commission so that consideration. The Commission invites any State party which makes observations or objections about the proposed amendment to consult the commission.
2. the commission considered the opinions of States parties expressed in accordance with the previous paragraph and shall report to the Council. The Council, after consideration of the report of the commission, and taking into account the nature of the amendment and the comments of States parties, including producing States, may propose the amendment to the adoption of all States parties.
3. If the proposed amendment has not been rejected by five States parties or by written notification to the Board within ninety days of the date of notification of the amendment by the Council, it is considered as having been adopted and enters into force one hundred eighty days later or after any other period provided for in the proposed amendment to States parties that do not would have not rejected expressly.
4. States parties which have expressly rejected the proposed amendment can later, by depositing an instrument of acceptance or approval, express their consent to be bound by the provisions of the amendment.
5. If five States or more oppose the proposed amendment, the Council refers it to the Board for further consideration.
6. If the proposed amendment was not adopted pursuant to paragraph 3 of this article, the Council may also convene a conference of all States parties.
Article VIII 1. States parties shall communicate to the Commission, if possible, of information that would assist the commission to carry out its functions pursuant to paragraph 1 of article VI.
2. States parties shall keep the Council informed of the measures they have taken to implement the provisions of this convention. The Council communicates such information to all States parties and relevant international organizations.
Article IX the Council, in cooperation with the States parties and the international organizations concerned, take appropriate measures to facilitate the implementation of this convention, including the provision of technical assistance and the measures for the exchange of information on technical developments for the marking and detection of explosives.
Article X the technical annex to this convention is an integral part thereof.
Article XI 1. Any dispute between States parties concerning the interpretation or application of this convention which cannot be settled by negotiation is subject to arbitration at the request of one of them. If, within six months following the date of the request for arbitration, the Parties are unable to agree on the Organization of the arbitration, one any of them may refer the dispute to the International Court of justice, by filing a request in accordance with the Statute of the Court.
2. each State party may, at the time where it will sign, ratifies, accepts or approves the present convention or accession thereto, declare that it does not consider itself bound by the provisions of the preceding paragraph. Other States parties will not be bound by those provisions to any State party which has entered such a reservation.
3. any State party which has made a reservation in accordance with the provisions of the preceding paragraph may at any time withdraw such reservation by a notification addressed to the depositary.
Article XII except in the cases provided for in article XI, it cannot be entered no reservation to this convention.
Article XIII 1. The convention will open March 1, 1991 in Montreal at the signing of the States participating in the International Conference on air law held at Montreal from February 12 to March 1, 1991. After March 1, 1991, it will be open to signature by all States at the headquarters of the Organization of the civil aviation international until it enters into force in accordance with paragraph 3 of this article. Any State which has not signed the convention may accede at any time.
2. this convention is subject to ratification, acceptance, approval or accession by States. The instruments of ratification, acceptance, approval or accession shall be deposited with the Organization of international civil aviation, which is referred to herein as depositary. By depositing its instrument of ratification, acceptance, approval or accession, each State declares whether or not it is a producer State.
3. this convention shall enter into force sixty days following the date of deposit of the thirty-fifth instrument of ratification, acceptance, approval or accession with the depositary, provided that five at least of these States have declared in accordance with paragraph 2 of this article they are producing States. If thirty-five instruments of ratification are deposited before the deposit of their instruments by five producer States, this convention shall enter into force the sixtieth day following the date of deposit of the instrument of ratification, acceptance, approval or accession of the fifth producer State.
4. for other States, this convention shall enter into force sixty days after the date of the deposit of their instruments of ratification, acceptance, approval or accession.
5. upon its entry into force, this convention will be registered by the depositary pursuant to article 102 of the Charter of the United Nations and in accordance with the provisions of article 83 of the Convention on civil aviation International (Chicago) 1944.
Article XIV the depositary shall notify without delay to all the signatories and States parties: 1. each signature of this convention and the date of signature.
2. each deposit of an instrument of ratification, acceptance, approval or accession and the date of the deposit, indicating specifically if the State is declared a producer State;
3. the date of entry into force of this convention;
4. the date of entry into force of any amendment to this convention or its technical annex;
5. any denunciation made under article XV;
6. any declaration made under paragraph 2 of article XI.
Article XV 1. Any State party may denounce this convention by written notification addressed to the depositary.
2. the denunciation shall take effect one hundred and eighty days after the date on which the notification has been received by the depositary.
In witness whereof the undersigned plenipotentiaries, being duly authorized, have signed the present convention.
Done at Montreal, the first day of the month of March in the year one thousand nine hundred ninety-one, in an original comprising five texts being equally authentic in the languages English, French, Spanish, Russian and Arabic.
Annex technical 1st part DESCRIPTION of explosives I. The explosives referred to in paragraph 1 of article I of this convention are those who: a) are composed of one or more high explosives which in their pure form, have a vapour pressure of less 10-4 Pa at a temperature of 25 C, b) in their formulation, include a binder, and c) are, once mixed, malleable or flexible at normal temperature of Interior.
II. explosives following, even if they meet the description of explosives that is given in paragraph I of this part, are not considered as explosive as long as they continue to be held or used for the purposes mentioned below or remain incorporated in the manner described, namely explosives which: has) are manufactured or kept in limited quantities for the purposes of work duly authorized research laboratory only development or testing of new or modified explosives;
(b) are manufactured or kept, limited laboratory solely for the purpose of duly authorized training activities for the detection of explosives and/or development or testing of explosives detection equipment;
(c) are manufactured or kept, limited to laboratory only to duly authorized purposes of forensic science; or d) are intended to be incorporated or are incorporated as an integral part in military gear duly authorized, on the territory of the State of manufacture, within three years following the entry
into force of this convention in respect of that State. Gear produced during this three year period are considered be military vehicles duly authorized under the terms of paragraph 4 of article IV of this convention.
III. in this part: by the expression "duly authorized (e) s" used in paragraphs a),) b and c) of paragraph II, means permit (es) by the provisions of laws and regulations of the State party concerned;
the term "high explosives" includes the cyclotetramethylene-tetranitramine (HMX, HMX), of Pentaerythritol tetranitrate (PETN, PETN) and cyclotrimethylene-trinitramine (hexogen, RDX).
2nd part AGENTS DETECTION of a detection agent is one of the substances listed in the table below. Detection agents described in the table below are intended to be used to make more detectable explosives by the detection of steam. In each case, the introduction of a detection in an explosive agent is done so as to achieve homogeneous distribution in the finished product. The minimum concentration of a detection agent in the product during the manufacturing process is one which is indicated in the table.
For the consultation of the array, see image any explosive which, due to its natural composition, contains one of detection officers designated to a concentration equal to or greater than the minimum concentration required, shall be considered as being marked.
AMENDMENT ÷ the schedule TECHNIQUE of the CONVENTION in accordance with article VII, 3 of the Convention, the following amendment to the technical annex to the Convention came into force in March 27, 2002: remove detection officers "ortho-Mononitrotoluene (o - MNT)" from the list of the table of the technical annex to the Convention.
STATEMENT "pursuant to article XIII, paragraph 3, of the Convention, the Kingdom of Belgium declares that it is a non-producer countries."
Convention on the marking of plastic explosives for the purpose of detection, done in Montreal on 1 March 1991, for the consultation of the table, see image