Key Benefits:
ACT 1572
(August 2)
Official Journal No. 48,510 of 2 August 2012
CONGRESS OF THE REPUBLIC
By means of which the Amendment of the Convention on the Physical Protection of Nuclear Materials, approved in Vienna, is adopted on 8 July 2005.
THE CONGRESS OF THE REPUBLIC
Having regard to the text of the "Amendment of the Convention on the Physical Protection of Nuclear Materials", in Vienna on 8 July 2005.
(To be transcribed: attached photocopy of the text in Spanish of the Amendment certified by the Director of the Office of Legal Affairs of the International Atomic Energy Agency, which consists of six (12) folios, document that rests in the Archives of the International Legal Affairs Directorate of the Ministry of Foreign Affairs.
Amendment of the Convention on the Physical Protection of Nuclear Materials
1. The title of the Convention on the physical protection of nuclear materials adopted on 26 October 1979 (hereinafter referred to as the "Convention") is hereby replaced by the following title:
CONVENTION ON THE PHYSICAL PROTECTION OF NUCLEAR MATERIALS AND NUCLEAR FACILITIES
2. The Preamble to the Convention is replaced by the following:
THE STATES PART IN THIS CONVENTION,
RECOGNISING the right of all States to develop and use nuclear energy for peaceful purposes and their legitimate interest in the potential benefits that may arise from the peaceful uses of nuclear energy,
CONVINCED of the need to facilitate international cooperation and transfer of nuclear technology to use nuclear energy for peaceful purposes,
CONSCIOUS that physical protection is vitally important for the protection of public health and safety, the environment and national and international security,
BEARING IN MIND the purposes and principles of the Charter of the United Nations concerning the maintenance of international peace and security and the promotion of good neighbourliness and friendly relations and cooperation between the States,
WHEREAS, pursuant to the provisions of paragraph 4 of Article 2o of the Charter of the United Nations, [l] Members [...], in their international relations, shall refrain from recourse to the threat or use of force against integrity territorial or political independence of any State, or in any other form incompatible with the Purposes of the United Nations, "
RECALLING the Declaration on Measures to Eliminate International Terrorism, set out in the Annex to Resolution 49/60 of the General Assembly of 9 December 1994,
DESIRING to conjure the dangers that could pose the illicit trafficking, appropriation and use of nuclear materials and the sabotage of nuclear materials and nuclear facilities, and noting that physical protection against such acts has become the object of greater national and international concern,
DEEPLY CONCERNED about the worldwide intensification of acts of terrorism in all its forms and manifestations, and the threats posed by international terrorism and organized crime,
WHEREAS physical protection plays an important role in supporting the objectives of nuclear non-proliferation and the fight against terrorism,
DESIRING to contribute to this Convention to strengthen the physical protection of nuclear materials and nuclear facilities that are used for peaceful purposes throughout the world,
CONVINCED that the crimes that may be committed in relation to nuclear materials and nuclear facilities are of grave concern, and that appropriate and effective measures need to be taken urgently, or strengthen the already to ensure the prevention, discovery and punishment of such crimes,
WISHING to further strengthen international cooperation to establish effective physical protection measures for nuclear materials and nuclear facilities, in accordance with the national legislation of each State Party and with the provisions of this Convention,
CONVINCED that this Convention should complement the safe use, storage and transport of nuclear materials and the safe operation of nuclear facilities,
RECOGNISING that there are recommendations on physical protection at the international level that are updated with some frequency and can provide guidance on contemporary media to achieve effective levels of physical protection,
ACKNOWLEDGING further that the effective physical protection of nuclear materials and nuclear facilities used for military purposes is the responsibility of the State that owns such nuclear facilities and nuclear materials, and in the understanding that these materials and facilities are and will continue to be subject to rigorous physical protection,
HAVE AGREED to the following:
3. In Article 1 of the Convention, after paragraph (c), the following two new paragraphs are added:
(d) "Nuclear installation" means an installation (including buildings and equipment related to it) in which nuclear material is produced, processed, used, manipulated or stored or where its final disposal is made, if the damage or interference caused by that installation may cause significant quantities of radiation or radioactive materials to be emitted;
e) "sabotage" means any deliberate act committed to the detriment of a nuclear installation or of nuclear materials intended for use, storage or transport, which may directly or indirectly lead to a danger to health and the safety of staff, the public or the environment by exposure to radiation or the emission of radioactive substances.
4. After Article 1 of the Convention, a new Article 1 A is added, which reads as follows:
Article 1 A.
The objectives of this Convention are to achieve and maintain throughout the world an effective physical protection of nuclear materials and nuclear facilities used for peaceful purposes; to prevent and combat all over the world; crimes related to such materials and facilities; and facilitate cooperation between States Parties to such effects.
5. Article 2 of the Convention is replaced by the following:
1. This Convention shall apply to nuclear materials used for peaceful purposes where they are the object of use, storage and transport and of nuclear facilities used for peaceful purposes, with the exception, however, that the Provisions of Articles 3 and 4 and Article 5 (4) of this Convention shall apply only to such nuclear materials as long as they are the subject of international nuclear transport.
2. The establishment, implementation and maintenance of a physical protection regime in the territory of a State Party is the sole responsibility of that State.
3. Apart from the commitments that the States Parties have explicitly assumed under this Convention, no provision of this Convention may be interpreted in such a way as to affect the sovereign rights of a State.
4. (a) Nothing in this Convention shall prejudice the other rights, obligations and responsibilities of States Parties as stipulated in international law, in particular the purposes and principles of the Charter of the United Nations and international humanitarian law.
(b) The activities of the armed forces during an armed conflict, as defined in these terms in international humanitarian law, governed by this right, shall not be governed by this Convention, and the activities of the armed forces shall not be governed by this Convention. made by the military forces of a State in the performance of its official functions, insofar as they are governed by other rules of international law, shall not be governed by this Convention.
(c) Nothing in this Convention shall be construed as a legal authorization for the use or threat of the use of force to the detriment of nuclear materials or nuclear facilities used for peaceful purposes.
(d) Nothing in the present Convention approves or otherwise legitimizes unlawful acts, nor does it prevent judicial prosecution under other laws.
5. This Convention shall not apply to nuclear materials used or retained for military purposes or to a nuclear installation containing such materials.
6. After Article 2 of the Convention, a new Article 2 A is added, which reads as follows:
Article 2 A
Each State Party shall establish, implement and maintain an appropriate regime for the physical protection of nuclear materials and nuclear facilities under its jurisdiction, in order to:
(a) provide protection against theft or other illicit appropriation of nuclear materials during their use, storage and transportation;
(b) ensure the application of rapid and comprehensive measures to locate and, as appropriate, recover lost or stolen nuclear material; where the material is outside its territory, the State Party shall act in accordance with the Article 5;
c) protect nuclear materials and nuclear facilities against sabotage; and
d) mitigate or minimize the radiological consequences of sabotage.
2. When applying paragraph 1, each State Party shall:
(a) establish and maintain a legislative and regulatory framework governing physical protection;
(b) establish or designate a competent authority or authorities responsible for the implementation of the legislative and regulatory framework; and
(c) shall take the other appropriate measures necessary for the physical protection of nuclear materials and nuclear facilities.
3. In fulfilling the obligations laid down in paragraphs 1 and 2, each State Party, without prejudice to other provisions of this Convention, shall apply to the extent that the following Principles are reasonable and possible. Fundamental to the physical protection of nuclear materials and nuclear facilities.
FUNDAMENTAL PRINCIPLE TO: State
The establishment, implementation and maintenance of a physical protection regime in the territory of a State is the sole responsibility of that State.
FUNDAMENTAL PRINCIPLE B: Responsibilities during international transport
The responsibility of a State to ensure that nuclear materials are adequately protected covers the international transport of such materials, until such responsibility is properly transferred to another State, as appropriate.
FUNDAMENTAL PRINCIPLE C: Legislative and Regulatory
The State has the responsibility to establish and maintain a legislative and regulatory framework that regulates physical protection. Such a framework should provide for the establishment of applicable physical protection requirements and include an assessment and licensing system, or other procedures for granting authorisation. This framework should include a system of inspection of nuclear facilities and transport to verify compliance with the applicable requirements and conditions of the license or other authorization document, and to create the means to enforce compliance. the applicable requirements and conditions, including effective penalties.
FUNDAMENTAL PRINCIPLE D: Competent Authority
The State must establish or designate a competent authority responsible for the implementation of the legislative and regulatory framework, endowed with adequate authority, competence and human and financial resources to fulfil its responsibilities. have been assigned. The State should take measures to ensure effective independence between the functions of the competent authority of the State and those of any other entity in charge of the promotion or use of nuclear energy.
FUNDAMENTAL PRINCIPLE E: License holder
The responsibilities for the application of the different elements of physical protection in a State should be clearly determined. The State must ensure that the primary responsibility for the application of the physical protection of nuclear materials, or of nuclear installations, radiolabelled in the holders of the respective licenses or other authorization documents (for example, in the exploiters or senders).
FUNDAMENTAL PRINCIPLE F: Security
All organisations involved in the application of physical protection should give due priority to the safety culture, to their development and to the maintenance necessary to ensure their effective implementation throughout the EU. organisation.
FUNDAMENTAL PRINCIPLE G: Threat
The physical protection applied in the State must be based on the most recent assessment of the threat that the State has made.
FUNDAMENTAL PRINCIPLE H: Distinct
The requirements for physical protection should be based on a differentiated approach, taking into account the current assessment of the threat, the relative incentive of the materials, the nature of the materials and the possible consequences. related to the unauthorized withdrawal of nuclear materials and the sabotage of nuclear materials or nuclear facilities.
FUNDAMENTAL PRINCIPLE I: Defense in depth
State requirements for physical protection must reflect a concept of multiple barriers and methods of protection (structural or technical, human or organizational) that the adversary must overcome or avoid in order to achieve its objectives.
FUNDAMENTAL PRINCIPLE J: Quality
A quality assurance policy and programs should be established and implemented with a view to creating confidence that the specific requirements for all activities of importance for physical protection are met.
FUNDAMENTAL PRINCIPLE K: Contingency Plans
All licence holders and interested authorities should develop and implement, as appropriate, contingency plans (emergency) to respond to the unauthorised withdrawal of nuclear materials or the sabotage of nuclear installations or nuclear material, or to attempts at these events.
FUNDAMENTAL PRINCIPLE L:
The State must establish requirements to protect the confidentiality of information whose unauthorized disclosure could compromise the physical protection of nuclear materials and nuclear facilities.
4. (a) The provisions of this Article shall not apply to nuclear materials which the State Party reasonably decides is not necessary to subject to the physical protection regime established in accordance with paragraph 1, taking into account its nature, quantity and relative incentive, and possible radiological and other consequences associated with any unauthorised act committed at its injury and the current assessment of the threat to them.
(b) Nuclear materials which are not subject to the provisions of this Article in accordance with paragraph (a) should be protected in accordance with prudent management practices.
7. Article 5 of the Convention is replaced by the following:
1. Member States shall determine their point of contact with regard to matters falling within the scope of this Convention and shall communicate it to each other directly or through the International Atomic Energy Agency.
2. In the event of theft, theft or any other act of illicit appropriation of nuclear materials, or in the event of a credible threat to any of these acts, the States Parties, in accordance with their national law, shall provide cooperation and assistance in the the greatest possible extent to recover and protect these materials from any State that requests it. In particular:
(a) a State Party shall take appropriate measures to notify as soon as possible other States that it considers to be interested in any theft, theft or other act of illicit appropriation of nuclear material or credible threat of one of these acts, as well as to notify them, where appropriate, to the International Atomic Energy Agency and other competent international organisations;
(b) in doing so, as appropriate, the States Parties concerned shall exchange information with each other, with the International Atomic Energy Agency and other competent international organisations, with a view to protecting nuclear material threatened, to verify the integrity of the transport containers or to recover the nuclear materials that are the object of illicit appropriation and:
i) shall coordinate their efforts using the diplomatic route and other agreed conduits;
ii) assist, if requested;
(iii) shall ensure the return of the recovered nuclear material which has been stolen or missing as a result of the aforementioned acts.
The States Parties concerned will determine how to implement this cooperation.
3. In the event of a credible threat of sabotage, or in the event of effective sabotage, of nuclear materials or nuclear facilities, the States Parties, in accordance with their national law and with the relevant obligations under the law international, they will cooperate as much as possible as follows:
(a) if a State Party is aware of a credible threat of sabotage of nuclear material or of a nuclear facility in another State, it shall decide on the adoption of appropriate measures to notify that threat to that State. as soon as possible and, as appropriate, the International Atomic Energy Agency and other competent international organisations, with a view to preventing sabotage;
(b) in the event of sabotage of nuclear materials or of a nuclear installation in a State Party, and if it considers that other States are likely to be radiologically affected, without prejudice to their other obligations under the law The State Party shall take appropriate measures to notify the State or States likely to be radiologically affected as soon as possible and, as appropriate, to the International Atomic Energy Agency and other States. competent international organisations with a view to minimising or mitigating the consequences radiological of that act;
(c) if in the context of paragraphs (a) and (b) a State Party requests assistance, each State Party to which a request for assistance is directed shall decide and promptly notify the requesting State Party directly or through the International Atomic Energy Agency, if it is in a position to provide the assistance requested, as well as the scope and terms of assistance that could be provided;
d) coordination of the cooperation referred to in paragraphs (a), (b) and (c) shall be carried out through diplomatic channels and other appropriate channels. The States Parties concerned shall determine in a bilateral or multilateral manner how this cooperation can be implemented.
4. States Parties shall cooperate with each other and consult as appropriate, directly or through the International Atomic Energy Agency and other competent international organisations, with a view to obtaining advice on the design, maintenance and improvement of systems for the physical protection of nuclear materials which are the subject of international transport.
5. A State Party may cooperate and hold consultations, as appropriate, with other States Parties directly or through the International Atomic Energy Agency and other competent international organisations, with a view to obtaining their advice on the design, maintenance and improvement of its system of physical protection of nuclear materials for use, storage and transport in the national territory and nuclear facilities.
8. Article 6 of the Convention is replaced by the following:
1. States Parties shall take appropriate measures that are compatible with their national legislation to protect the confidential nature of any information they receive with such a character from another State Party pursuant to the provisions of this Agreement. Convention or participation in an activity to be carried out to implement this Convention. If States Parties provide confidential information to international organisations or States which are not party to this Convention, measures shall be taken to ensure that the confidential nature of that information is protected. The State Party that has received confidential information from another State Party may provide this information to third parties only with the consent of that other State Party.
2. This Convention shall not require States Parties to provide any information that they are not permitted to communicate under national law or whose communication compromises the security of the State in question or the physical protection of the nuclear material or nuclear facilities.
9. Paragraph 1 of Article 7 of the Convention is replaced by the following:
1. The intentional commission of:
(a) an act that consists of receiving, possessing, using, transferring, altering, evacuating or dispersing nuclear materials without legal authorization, if such act causes, or is likely to cause, death or serious injury to any person or substantial damages heritage or environmental;
b) theft or theft of nuclear materials;
(c) misuse of or obtaining nuclear material by means of fraud;
(d) an act that consists of transporting, sending or moving a State, or out of it, nuclear materials without legal authorization;
e) an act performed to the detriment of a nuclear installation, or an act causing interference in the operation of a nuclear installation, and in which the author deliberately causes, or knows that the act is likely to cause, death or serious injury a person or substantial property or environmental damage by exposure to radiation or the emission of radioactive substances, unless the act is carried out in accordance with the national legislation of the State Party in whose territory the located the nuclear installation;
(f) an act consisting of the levying of nuclear materials by threat or use of force or by any other form of intimidation;
g) a threat to:
i) use nuclear materials in order to cause death or serious injury to persons or substantial property or environmental damage, or to commit the crime described in (e), or
(ii) committing one of the offences described in paragraphs (b) and (e) in order to compel a natural or legal person, an international organisation or a State to do something or to refrain from doing so;
h) an attempt to commit any of the offences described in paragraphs (a) to (e);
i) an act that consists of participating in any of the crimes described in paragraphs (a) to (h);
(j) an act of any person who organizes or directs others to commit one of the offences described in paragraphs (a) to (h); and
(k) an act which contributes to the commission of any of the offences described in paragraphs (a) to (h) by a group of persons acting for a common purpose. Such an act will have to be deliberate and:
(i) to be carried out with the aim of promoting criminal activity or criminal purposes of the group, where such activity or purposes involve the commission of one of the offences described in paragraphs (a) to (g); or
(ii) to be carried out with knowledge of the intention of the group to commit one of the offences described in paragraphs (a) to (g) shall be considered as a crime punishable by each State Party under its national law.
10. After Article 11 of the Convention, two new Articles, Articles 11 A and 11 B, are added which pray as follows:
Article 11 A
None of the offences set out in Article 7o shall be considered, for the purposes of extradition or mutual legal assistance, political crime or related crime, or a political offence, or an offence inspired by political motives. Accordingly, an application for extradition or mutual legal assistance based on such a crime cannot be refused only because it is related to a political offence or a crime associated with a political offence or a crime inspired by political reasons.
Item 11 B
Nothing in this Convention shall be construed as an imposition of the obligation to extradite or to provide mutual legal assistance if the requested State Party has substantial grounds to consider that the extradition for the offences set out in Article 7o or of mutual legal assistance in respect of such offences has been formulated for the purposes of prosecuting or sanctioning a person on grounds relating to his or her race, religion, nationality, origin (i) the position of the European Parliament and the Committee of the European person for any of these reasons.
11. After Article 13 of the Convention, a new Article 13 A is added, which reads as follows:
Article 13 A
Nothing in this Convention shall affect the transfer of nuclear technology for peaceful purposes to be carried out to strengthen the physical protection of nuclear materials and nuclear facilities.
12. Paragraph 3 of Article 14 of the Convention is replaced by the following:
3. Where a crime is related to nuclear materials intended for use, storage or transport at national level, and both the alleged author and the nuclear material remain in the territory of the State Party in which the crime, or where a crime is related to a nuclear installation and the alleged perpetrator remains in the territory of the State Party in which the offence was committed, nothing in this Convention shall be construed as meaning that that State Party shall be obliged to provide information on the criminal proceedings to which it has This is a crime.
13. Article 16 of the Convention is replaced by the following:
1. Five years after the entry into force of the Amendment adopted on 8 July 2005, the depositary shall convene a conference of the States Parties to examine the implementation of this Convention and to determine whether it is appropriate, as regards the the preamble, to the whole of the operative part and to the annexes, in the light of the situation which then prevails.
2. Thereafter, at intervals of not less than five years, a majority of the States Parties may be able to obtain new conferences for the same purpose by submitting a proposal to that effect to the depositary.
14. The notab/Annex II to the Convention is replaced by the following:
b/Material not irradiated in a reactor or material irradiated in a reactor but with radiation intensity equal to or less than 1 gray/hour (100 rads/hour) at 1 meter apart, without any shielding.
15. The notae/Annex II to the Convention is replaced by the following:
e/In the case of other fuel which is classified in Category I or II prior to irradiation as a result of its original content in fissile material, the level of physical protection may be reduced in a category where the intensity The radiation of that fuel exceeds 1 gray/hour (100 rads/hour) one meter apart without the armor-plating.
CONVENTION ON THE PHYSICAL PROTECTION OF NUCLEAR MATERIALS
AMENDMENT
On behalf of the Director-General of the International Atomic Energy Agency, as depositary of the Convention on the Physical Protection of Nuclear Material (the Convention), approved on 26 October 1979, I certify by the present that the attached document is a true and complete copy of the Convention's Amendment.
The attached Amendment was adopted in Vienna on 8 July 2005 at the Conference in charge of examining the proposed amendments to the Convention, held at IAEA Headquarters, from 4 to 8 July 2005.
By the Director General,
JOHAN RAUTENBACH,
Director of the Legal Affairs Office.
July 25, 2005.
THE TREATY AREA COORDINATOR OF THE INTERNATIONAL LEGAL AFFAIRS DIRECTORATE OF THE MINISTRY OF FOREIGN AFFAIRS (E)
CERTIFIES:
That the reproduction of the text above is a faithful and complete photocopy of the text in Spanish of the "Amendment of the Convention on the Physical Protection of Nuclear Materials", approved in Vienna on July 8, 2005, certified by the Director of the Office of Legal Affairs of the International Atomic Energy Agency, which consists of six (6) Folios, a document that rests on the archives of the Area of Treaties of the Directorate of Legal Affairs International of the Ministry of Foreign Affairs.
Dada in Bogotá, D. C., at twenty-one (21) days of the month of June of two thousand ten (2010).
JOSÉ DEMETRIO MATIAS ORTIZ,
Coordinator Area of Treaties (E) Directorate of International Legal Affairs.
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., June 28, 2010
Authorized. Submit to the consideration of the honorable Congress of the Republic for the constitutional effects.
(Fdo.) ALVARO URIBE VELEZ
The Foreign Minister,
(Fdo.) Jaime Bermudez Merizalde.
DECRETA:
Article 1o. Approve the "Amendment of the Convention on the Physical Protection of Nuclear Materials", adopted in Vienna on 8 July 2005.
Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "Amendment of the Convention on the Physical Protection of Nuclear Materials", approved in Vienna on July 8, 2005, which is approved by the first article of this law, shall be binding on the country as from the date on which the international link with respect to it is perfected.
Article 3o. This law applies from the date of its publication.
Dada en Bogotá, D. C., a los ...
Presented to the honorable Congress of the Republic by the Minister of Foreign Affairs and the Minister of Mines and Energy.
The Foreign Minister,
MARIA ANGELA HOLGUIN HANG.
The Minister of Mines and Energy,
CARLOS RODADO NORIEGA.
BILL NUMBER 108 OF 2011
by means of which the "Amendment of the Convention on the Physical Protection of Nuclear Materials", approved in Vienna, is approved on July 8, 2005.
The Congress of the Republic
Having regard to the text of the Amendment of the Convention on the Physical Protection of Nuclear Materials, adopted in Vienna on 8 July 2005.
(To be transcribed: attached photocopy of the text in Spanish of the Amendment certified by the Director of the Office of Legal Affairs of the International Atomic Energy Agency, which consists of six (12) folios, document that rests in the Archives of the International Legal Affairs Directorate of the Ministry of Foreign Affairs.
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., June 28, 2010
Authorized. Submit to the consideration of the honorable Congress of the Republic for the constitutional effects.
(Fdo.) ALVARO URIBE VELEZ
The Foreign Minister,
(Fdo.) Jaime Bermudez Merizalde.
DECRETA:
Article 1o. Approve the "Amendment of the Convention on the Physical Protection of Nuclear Materials", adopted in Vienna on 8 July 2005.
Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "Amendment of the Convention on the Physical Protection of Nuclear Materials", adopted in Vienna on July 8, 2005, which is approved by Article 1 of this Law, shall be binding on the country as 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.
The President of the honorable Senate of the Republic,
JUAN MANUEL CORZO ROMAN.
The Secretary General of the honorable Senate of the Republic,
EMILIO RAMON OTERO DAJUD.
The President of the honorable House of Representatives,
SIMON GAVIRIA MUNOZ.
The Secretary General of the honorable House of Representatives,
JESUS ALFONSO RODRIGUEZ CAMARGO.
NATIONAL REPUBLIC OF COLOMBIA
Communicate and comply.
EXECUTE upon review of the Constitutional Court, pursuant to article 241-10 of the Political Constitution.
Dada en Bogotá, D. C., 2 August 2012.
JUAN MANUEL SANTOS CALDERÓN
The Foreign Minister,
MARIA ANGELA HOLGUIN HANG.
The Minister of Health and Social Protection,
BEATRIZ LONDONO SOTO.
The Minister of Environment and Sustainable Development,
FRANK JOSEPH PEARL GONZALEZ.
