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Whereby The "protocol For The Protection Of The Southeast Pacific Against Radioactive Pollution", Signed In Paipa, Colombia, On The Twenty (21) Days Of The Month Of September In 1989 (1989) Adopted

Original Language Title: Por la cual se aprueba el "Protocolo para la Protección del Pacífico Sudeste contra la Contaminación Radiactiva", firmado en Paipa, Colombia, a los veintiún (21) días del mes de septiembre de mil novecientos ochenta y nueve (1989)

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478 OF 1998

(October 14)

Official Journal No 43,411 of 21 October 1998

By means of which the "Protocol for the Protection of the Southeast Pacific against Radioactive Pollution" is approved, signed in Paipa, Colombia, at twenty-one (21) days of the month of September of a thousand nine hundred and eighty-nine (1989).

Vigency Notes Summary

COLOMBIA CONGRESS

Having regard to the text of the Protocol for the Protection of the Southeast Pacific against Radioactive Contamination, signed in Paipa, Colombia, at twenty-one (21) days of the month of September of a thousand nine hundred and eighty-nine (1989).

(To be transcribed: photocopies of the full text of the international instrument mentioned, duly authenticated by the Head of the Legal Office of the Ministry of Foreign Affairs).

HIGH CONTRACTING PARTIES

Aware of the need to protect and preserve the maritime area of the Southeast Pacific, against radioactive contamination.

Recognising the need for measures to prohibit all dumping and/or burial of radioactive waste or other radioactive substances at sea and/or on the seabed and on its subsoil.

Having presented the Convention for the Protection of the Environment and the Coastal Zone of the Southeast Pacific, 1981.

Have agreed to the following Protocol:

PROTOCOL FOR SOUTHEAST PACIFIC PROTECTION AGAINST

RADIOACTIVE CONTAMINATION

ARTICLE 1o. GEOGRAPHICAL SCOPE. The scope of this Convention shall be the maritime area of the Southeast Pacific within the maritime area of sovereignty and jurisdiction up to 200 miles from the high contracting parties.

This Convention applies to the entire continental shelf when it is extended by the high contracting parties beyond its 200 miles.

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ARTICLE 2o. GENERAL OBLIGATIONS. The High Contracting Parties agree to prohibit all dumping of radioactive waste and other radioactive substances at sea and/or on the seabed within the scope of this Convention.

Likewise, the High Contracting Parties agree to prohibit any burial of radioactive waste or other substances in the subsoil of the sea within the scope of this Convention.

For these purposes, "vertigo" means any deliberate evacuation in the sea of radioactive waste or other radioactive substances, from ships, aircraft, platforms or other buildings at sea; and any sinking deliberate on the sea of vessels, aircraft, platforms or other buildings at sea, containing or transporting such waste or other substances.

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ARTICLE 3o. MEASURES TO PREVENT POLLUTION. The High Contracting Parties shall take the necessary measures to ensure that the activities under their jurisdiction or control are carried out in such a way as not to cause injury to the other parties. (a) Contracting Parties to the Convention on the Protection of the Environment, the Environment and the Contracting Parties to the Convention on the Environment, Likewise, the high contracting parties undertake not to carry out the activities, established in the preceding article, in the areas beyond those where the parties exercise their sovereignty and jurisdiction.

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ARTICLE 4. ENUMERATION OF RADIOACTIVE WASTE OR OTHER RADIOACTIVE SUBSTANCES. The prohibition laid down in Articles 2 and 3 covers the dumping and burial of all waste radioactive or other radioactive substances, considered as such in accordance with the recommendations established by the competent international body, currently the international Atomic Energy Agency.

If there are doubts whether such waste or material is radioactive, they will be affected by the prohibition of articles 2 and 3 until the Executive Secretariat does not confirm, having duly taken into account the recommendations of the International Atomic Energy Agency, if such waste or material is harmless.

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ARTICLE 5o. SCIENTIFIC AND TECHNOLOGICAL COOPERATION. The High Contracting Parties undertake to cooperate directly through the Executive Secretariat or the competent international organizations in the fields of science and technology and exchange data and information relating to the fulfilment of the objectives of this Convention.

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ARTICLE 6o. INFORMATION EXCHANGE. The High Contracting Parties undertake to exchange each other and to transmit to the Executive Secretariat information on:

(a) programmes or measures of scientific, technical or other assistance between the Parties, which may include: training of scientific and technical personnel, provision of equipment and services; and advice for assessment programmes and surveillance;

(b) Research programmes to be developed for the purpose of finding new methods and techniques to deal with the treatment of radioactive waste or other radioactive substances;

c) The results achieved by the surveillance programs; and

(d) The measures taken, the results achieved and the difficulties encountered in the implementation of this Convention.

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ARTICLE 7o. SURVEILLANCE PROGRAMMES. The High Contracting Parties directly or in collaboration with the Executive Secretariat or the competent international organisations shall establish individual programmes or surveillance sets of the geographical area covers this Convention.

For this purpose, the High Contracting Parties shall designate the authorities responsible for surveillance within their respective maritime areas of sovereignty and jurisdiction and shall participate, as far as possible, in international agreements. for these purposes, in areas outside the limits of their sovereignty and jurisdiction.

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ARTICLE 8o. COOPERATION IN EMERGENCY CASES. The High Contracting Parties shall promote individually or collectively emergency programmes to prevent any incident that may result in the discharge of radioactive waste and other substances. radioactive.

To this end, they will maintain the necessary means that will include experts and teams for effective compliance with these programs.

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ARTICLE 9o. TRAINING PROGRAMMES. The High Contracting Parties shall endeavour to develop and implement training programmes to maintain the highest degree of efficiency in the regional cooperation mechanisms referred to in this Article. Convention.

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ARTICLE 10. MEASURES IN CASE OF FORCE MAJEURE. If, by reason of force majeure, in order to safeguard the safety of human life on board ships, aircraft, platforms or other constructions at sea, a discharge of radioactive waste or other radioactive substances within the scope of this Convention, the High Contracting Parties shall cooperate, as far as possible, in order to reduce immediately the danger of contamination of the marine environment.

To this end, the High Contracting Parties undertake to coordinate the use of the means of communication available to them, in order to ensure the timely reception, transmission and dissemination of all information on these measures. emergency.

The information obtained shall be immediately communicated to the Contracting Parties that may be affected by the danger of contamination.

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ARTICLE 11. RULE OF LAW AND REGULATIONS. The High Contracting Parties shall issue national laws and regulations to prohibit the dumping and burial of radioactive waste and other radioactive substances.

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ARTICLE 12. SANCTIONS MEASURES. Each High Contracting Party undertakes to ensure compliance with the provisions of this Convention and to take appropriate measures to prevent and punish any activity that violates the provisions of this Convention. Convention.

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ARTICLE 13. EXECUTIVE SECRETARY. For the purposes of the administration and operation of this Convention, the High Contracting Parties agree to appoint the Permanent Commission of the South Pacific-CPPS-as its Executive Secretariat. The High Contracting Parties at their first meeting shall establish the form and financing of this function by the international body cited.

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ARTICLE 14. MEETING OF THE HIGH CONTRACTING PARTIES. The High Contracting Parties shall hold regular sessions every two years and extraordinary at any time, when two or more of them so request.

In ordinary sessions, the High Contracting Parties will discuss, among others, the following aspects in order to adopt the relevant resolutions and recommendations:

(a) The degree of compliance with this Convention and the study of the effectiveness of the measures undertaken, as well as the need to develop other types of activities in compliance with the objectives of this Convention;

b) The need for amendment or reform of this Convention and the desirability of extending or amending the resolutions and recommendations adopted under this Convention;

c) The adoption of surveillance, training and emergency programs; and

d) The development of any other function that may be of benefit to the fulfillment of the purposes of this Convention.

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ARTICLE 15. ENTRY INTO FORCE. This Convention shall enter into force after sixty days of the deposit of the third instrument of ratification at the General Secretariat of the Permanent Commission of the South Pacific.

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ARTICLE 16. DENUNCIATION. This Convention may be denounced by any of the High Contracting Parties, after two years of its entry into force for the High Contracting Party denouncing it.

The complaint shall be made by written notification to the Executive Secretariat which shall immediately communicate it to the High Contracting Parties.

The complaint will take effect within one hundred and eighty days of the notification.

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ARTICLE 17. AMENDMENTS. This Convention may only be amended by the unanimity of the High Contracting Parties. The amendments shall be subject to ratification and shall enter into force on the date of deposit of the third instrument of ratification in the Executive Secretariat.

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ARTICLE 18. ACCESSION. This Convention shall be open to the accession of any coastal state of the Southeast Pacific at the unanimous invitation of the High Contracting Parties.

Accession shall be made by a deposit of the respective instrument in the Executive Secretariat, which shall communicate it to the High Contracting Parties.

This Convention shall enter into force for the acceding State after sixty days of the deposit of the respective instrument.

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ARTICLE 19. RESERVATIONS. This Convention shall not permit reservations.

Made in seven copies of the same tenor, one of which will be deposited with the General Secretariat of the Permanent Commission of the South Pacific, all equally valid for the purposes of their application and interpretation.

In faith of which the Plenipotentiaries, duly authorized by their respective governments, subscribe to this Convention.

Signed in Paipa, Colombia, at twenty-one (21) days of the month of September 1989.

Doctor Arturo Galvez, Colombia; Ambassador Fernando Cordoba, Ecuador; Dr. Ivan Estribi, Panama; Ambassador Javier Pulgar V., Peru; Doctor Pedro Oyarce, Chile. "

The undersigned Head of the Legal Office of the Ministry of Foreign Affairs

NOTES:

That the present reproduction is faithful photocopy of the original text of the "Protocol for the Protection of the Southeast Pacific against Radioactive Pollution", signed in Paipa, Colombia, at twenty-one (21) days of the month of September of a thousand nine hundred Eighty-nine (1989), a document that rests in the archives of the Legal Office of this Ministry.

Dada en Santa Fe de Bogotá, D. C., at thirty (30) days of the month of May of a thousand nine hundred and ninety-seven (1997).

HECTOR ADOLFO SYNTURA VARELA.

the Chief Legal Officer,

EXECUTIVE BRANCH OF PUBLIC POWER

REPUBLIC OF THE REPUBLIC

Santa Fe de Bogota, D.C., 10 July 1997

Approved, subject to the consideration of the honorable National Congress for constitutional effects.

(fdo.) ERNESTO SAMPER PIZANO

(Fdo.) MARIA EMMA MEJIA VELEZ.

The Foreign Minister,

DECRETA:

ARTICLE 1o. Approve the Protocol for the Protection of the Southeast Pacific against Radioactive Pollution, signed in Paipa, Colombia, at twenty-one (21) days of the month of September of a thousand nine hundred and eighty-nine (1989).

ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a. In 1944, the Protocol for the Protection of the South East Pacific against Radioactive Pollution, signed in Paipa, Colombia, at the twenty-one (21) days of the month of September of a thousand nine hundred and eighty-nine (1989), which by Article 1 of this Law approves, will oblige the country from the date on which the international link with respect to it is perfected.

ARTICLE 3o. This law governs from the date of its publication.

FABIO VALENCIA COSSIO.

The President of the honorable Senate of the Republic,

PEDRO PUMAREJO VEGA.

The Secretary General of the honorable Senate of the Republic,

EMILIO MARTINEZ ROSALES

The President of the honorable House of Representatives,

GUSTAVO BUSTAMANTE MORATO.

The Secretary General of the Honorable House of Representatives,

COLOMBIA-NATIONAL GOVERNMENT

COMMUNICATE AND PUBLISH.

Execute a review of the Constitutional Court in accordance with Article 241-10 of the Political Constitution.

Dada en Santa Fe de Bogota, D. C., on October 14, 1998.

ANDRES PASTRANA ARANGO.

GUILLERMO FERNANDEZ DE SOTO.

The Foreign Minister,

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