Law No. 139 Of 29 June 1998 On The Accession Of Romania To The Convention On The Marking Of Plastic Explosives For The Purpose Of And In The Detection, Adopted At Montreal On 1 March 1991

Original Language Title:  LEGE nr. 139 din 29 iunie 1998 pentru aderarea României la Convenţia cu privire la marcajul explozibililor plastici şi în folie în scopul detectării, adoptată la Montreal la 1 martie 1991

Read the untranslated law here: https://www.global-regulation.com/law/romania/3071302/-lege-nr.-139-din-29-iunie-1998-pentru-aderarea-romniei-la-convenia-cu-privire-la-marcajul-explozibililor-plastici-i-n-folie-n-scopul-detectrii%252c-ado.html

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Law No. 139 of 29 June 1998 on the accession of Romania to the Convention on the marking of plastic explosives for the purpose of and in detection, adopted at Montreal on 1 March 1991, published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 249 of 6 July 1998 Parliament adopts this law.


The sole article Romania accede to the Convention on the marking of plastic explosives for the purpose of and in detection, adopted at Montreal on 1 March 1991.
This law was adopted by the Senate at its meeting on 9 April 1998, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. SENATE PRESIDENT CRISTIAN SORIN DUMITRESCU this law was adopted by the Chamber of deputies at its meeting on 9 June 1998, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. M. CHAMBER of DEPUTIES PRESIDENT PAULA IVANESCU CONVENTION concerning the marking of plastic explosives for the purpose of and in foil detection *) Note *) version.

The States parties to this Convention, conscious of the incidence of terrorist acts on the world security, expressing concern and towards via acts of terrorism aimed at the destruction of the aircraft, other means of transport and other concerned that plastic explosives and in foil were used in the Commission of terrorist acts, given the marking of explosives for the purpose of detection would contribute in a major way, to prevent these illicit acts, recognizing that, in order to prevent such illicit acts, it is necessary to establish an emergency international instrument obliging States to take measures to ensure that plastic explosives and the foil are marked appropriately, taking into account its resolution 635 to the Security Council of the United Nations of 14 June 1989 and Resolution 44/29 of the United Nations General Assembly on 4 December 1989 imperious, demanding the International Civil Aviation Organization to redouble efforts to put an international regime of plastic explosives and in foil for the purpose of detection, taking into account resolution 27-8, which was adopted unanimously by the Assembly of the International Civil Aviation Organization at the 27th session which ruled, granting him absolute priority, the preparation of a new international instrument regarding the marking of plastic explosives for the purpose of or in foil detection taking note with satisfaction the role played by the Council of the International Civil Aviation Organization in the preparation of the Convention, as well as his willingness to assume the functions required by this Convention, I agree with the following provisions: Article 1 for the purposes of this Convention: 1. explosives means the explosive products known as plastic explosive, including explosives as supple or elastic wrap that are described in the annex to this Convention technique.
2. detecting agent means the substance described in the technical annex to this Convention, which adds an explosive to make it detectable.
3. the marking shall mean adding to an explosives detection agent, in accordance with the annex to this Convention technical.
4. Manufacture means any process, including reprocessing, which leads, in the end, in the manufacture of explosives.
5. military instruments duly authorized shall mean, without the list to be exhaustive, shells, bombs, missiles, mines, rockets, grenades and perforators manufactured exclusively for military or police, in accordance with the laws and regulations of the State-party to the contract.
6. State the manufacturer shall mean the State in whose territory explosives are made.


Article 2 each State party shall take all necessary measures to prohibit and effective and to prevent the manufacture of explosives within the territory or nemarcati.


Article 3 1. Each State party shall take all necessary measures to prohibit and effective and to prevent the entry into or exit from the territory of the explosives or nemarcati.
2. The preceding paragraph shall not apply in the case of transportation, for purposes which are not contrary to the objectives of this Convention, by the authorities of a State party by exercising the functions of the military or police, explosives over which that State nemarcati-hand exercise control under paragraph 1 of article 7. 4. Article 4 1. Each State party shall take all necessary measures to exercise strict and effective control over the possession and transfer of nemarcati explosives which were developed or introduced within or before the entry into force of this Convention, ratified by that State, to prevent their use for diversion or for purposes contrary to the objectives of this Convention.
2. Each State party shall take all necessary measures to ensure that all stockpiles of explosives covered by paragraph 1 of this article and which are not owned by the authority exercising military or police functions to be destroyed or used for purposes which are not contrary to the objectives of this Convention, to be permanently marked or made harmless, over a period of 3 years from the date of entry into force of this Convention for that State.
3. Each State party shall take all necessary measures to ensure that all stockpiles of explosives covered by paragraph 1 of this article, which are owned by the authority exercising military or police functions and which are not incorporated as an integral part of military instruments duly authorized, to be destroyed or used for purposes which are not contrary to the aims of this Convention to be marked or made permanently harmless within a period of 15 years from the date of entry into force of this Convention for that State.
4. Each State party shall take the necessary measures to ensure, as much as possible, to the territory of the explosives or nemarcati, which can be discover and which are not referred to in the provisions of the preceding paragraphs of this article, other than explosives stocks held by the nemarcati, its authorities exercising military or police functions and military instruments embedded within authorized on the date of entry into force of this Convention for that State.
5. Each State party shall take all necessary measures to exercise strict and effective control over the possession and exchanging explosives referred to in paragraph 2 of the first part of the annex to this Convention technical, in order to prevent their diversion or use for purposes contrary to the objectives of this Convention.
6. Each State party shall take all necessary measures to ensure, wherever possible, on its territory, explosives, nemarcati made from the date of entry into force of this Convention for that State, and who are not enrolled in the manner indicated in paragraph 2 (2). d) of part I of the annex to this Convention, technical and explosives that did not come nemarcati under any subparagraph of paragraph 2.


Article 5 1. This Convention shall be established by an international technical Commission on explosives, called hereinafter the Commission, composed of 15 members and a maximum of 19 members appointed by the Council of the International Civil Aviation Organization, hereinafter referred to as the Board, of the people of the States parties to this Convention.
2. Members of the Commission are experts with direct experience and substantial in the area of detection of explosives or manufacture or research in the field of explosives.
3. Members of the Commission are appointed for a period of 3 years, their term of Office may be renewed.
4. Sessions of the Commission shall be held at least once a year at the headquarters of the International Civil Aviation Organization or the places and dates fixed and approved by the Council.
5. the Commission shall lay down the rules or, subject to the approval by the Council.


Article 6 1. The Commission assesses the evolution of the technique of manufacture, marking and detection of explosives.
2. the Commission, through its conclusions to the Council shall notify the Member States and international organizations concerned.
3. The Commission shall submit to the Council if necessary, recommendations for amendments to the technical annex to this Convention. The Commission will endeavour to take a decision, by consensus, in regards to these recommendations. In case of dispute, these decisions are taken by a two-thirds majority of the members of the Commission.
4. The Council may, on the recommendation of the Commission, to propose amendments to the States parties to this Convention Annex technique.


Article 7 1. Each State party may, within 90 days after the notification of an amendment to the annex to this Convention, the technique to communicate its observations to the Council. The Council shall forward these observations as soon as possible in order to be examined.
2. The Commission shall examine the opinion of Member States, in accordance with the preceding subparagraph, and make a report to the Council. The Council, after examining the report of the Commission, taking into account the nature of the amendment and the observations of Member States, including producing States, may propose an amendment to the approval of all Member States.
3. If the proposed amendment was not rejected by five or more States parties by a written notice addressed to the Council within the next 90 days from the date of notification of the amendment by the Council, it shall be deemed adopted and shall enter into force 180 days later or after the period provided for in the proposed amendment to States parties which have not expressly rejected.

4. States parties which have explicitly rejected the proposed amendment may, in consequence, by submitting an instrument of acceptance or approval, to express their consent to be bound towards the provisions of the amendment.
5. If five or more States parties are opposed to the proposed amendment, the Council shall return to the Commission for review it.
6. If the proposed amendment was adopted in accordance with paragraph 3 of this article, the Council may also convene a conference with all States-parties.


Article 8 1. States parties shall communicate to the Council, if possible, information that would assist the Commission to carry out the functions provided for under the terms of paragraph 1 of article 3. 6.2. States parties shall inform the Council about the measures they have taken to put into practice the provisions of this Convention. The Council communicates such information to all States parties and international organizations concerned.


Article 9 the Council, in cooperation with States parties and with the international organisations concerned, take appropriate measures to facilitate the implementation of this Convention, namely technical assistance, as well as measures enabling the exchange of information concerning developments in the technique of marking and detection of explosives.


Article 10 Annex to this Convention technique forms an integral part thereof.


Article 11 any dispute between States parties concerning the interpretation or-application of this Convention which cannot be settled on negotiations will be submitted to arbitration at the request of one of them. If within six months from the date of application to the arbitration the parties do not reach agreement with the Organization of the arbitration, any of them may refer the dispute to the International Court of Justice, by submitting a request in accordance with the Statute of the Court.
2. Every State will be able, at the time that it will sign, will ratify, accept or will accede to this Convention, declare that it shall not be considered beholden to the provisions of the preceding subparagraph. The other States parties shall not be bound by the provisions mentioned above against States parties which have entered reservations against them.
3. Any State party which has formulated-reserve in accordance with the provisions of the previous paragraph will be able to withdraw such reservations at any time by notification addressed to the depositary.


In article 12, except in the case provided for in article 10. 11, cannot be made any sort of reserve towards this Convention.


Article 13 1. This Convention will be the subject for signature on 1 March 1991, States participating in the International Conference on Air Law held at Montreal from 12 February-1 March 1991. After 1 March 1991, it will be open for signature by all States at the headquarters of the International Civil Aviation Organization until the entry into force in accordance with paragraph 3 of this article. Any State which has not signed the Convention may accede to it at any time.
2. this Convention shall be subject to ratification, acceptance, approval or accession by all States. Instruments of ratification, acceptance, approval or accession shall be deposited with the International Civil Aviation Organization and designated as depository. By submitting its instrument of ratification, acceptance, approval or accession, each State to declare whether or not a State.
3. this Convention shall enter into force on the 60th day following the date of deposit of the 35th instrument of ratification, approval or accession with the depositary, provided that at least five of the States to be declared in accordance with paragraph 2 of this article, as are the producing States. If 35 of instruments of ratification are deposited before depositing their instruments of the five producing States, this Convention shall enter into force on the 60th day following the date of deposit of the instrument of ratification, acceptance, approval or accession by the fifth producer State.
4. For other States this Convention shall enter into force 60 days after the date of deposit their instruments of ratification, acceptance, approval or accession.
5. After its entry into force, this Convention shall be registered by the depositary in accordance with the provisions of article 3. 102 of the Charter of the United Nations and the provisions of art. 83 of the Convention on International Civil Aviation (Chicago, 1944).


Article 14 depositary shall without delay notify all signatories and States parties of: 1. each signature of this Convention and the date of signing;
2. each deposit of an instrument of ratification, acceptance, approval or accession and the date of submission, indicating expressly, if the State has been declared as a producer;
3. date of entry into force of this Convention;
4. date of entry into force of any amendment to this Convention or to the technical annex thereto;
5. any denunciation made under article 12. 15;
6. any declaration made pursuant to paragraph 2 of article 4. 11. Article 15 1. Each State party may denounce this Convention, on the path of the written communication addressed to the depositary.
2. Denunciation shall take effect 180 days after the date of receipt of the written notification.
In witness whereof the undersigned, duly authorised thereto, the Plenipotentiary accordingly, have signed this Convention.
Done at Montreal on 1 March 1991, 5 original copies, in the languages French, English, Spanish, Russian and Arabic.


Annex part I description of the explosives TECHNIQUE i. Explosives to which reference is made in article. 1 paragraph 1 of this Convention are: a) consist of one or more powerful explosives, which, in pure form, have the pressure of vaporization of less than 10 ^-4 Pa at a temperature of 25 degrees C;
  

b) are made using a binder; and (c)) is presented as a mixture, malleable or flexible at normal room temperature.
  

II. The following progress, even those described in paragraph I of this part, may not be considered explosives as long as they continue to be stored or used for the purposes specified below or remain incorporated as specified, i.e. those explosives: a) are produced or stored in limited quantities only when used solely for research purposes authorized , development or testing of certain new or pit your explosives;
  

b) are produced or stored in limited quantities only when used solely for research purposes approved in preparation of detection of explosives and/or development or testing of explosives detection equipment;
  

c) are produced or stored in limited quantities only when they are approved for use in scientific research purposes; or d) are intended to be incorporated as an integral part of military equipment authorized in the territory of the manufacturer, within a period of 3 years from the date of entry into force of this Convention for that State. These devices produced in this period of three years should be militarily, in accordance with paragraph 4 of article 1. 4 of this Convention.
  

III. In this part:-the method of authorizing, in paragraph II(a). a), b) and (c)), means the allow in accordance with the laws and regulations of the State-party signatory; and the explosives it perfected include but not limit yourself to are ciclotetrametilentetranitramina (HMX), tetranitrat de pentaeritritol (PETN) and ciclotrimetilentetranitramina (RDX).


Part II detection Agents A detection agent is any substance listed in the following table. It is intended that detection agents described in this table to be used to enhance the detectability of explosives by detecting vapors. In any event, the introduction of a detection agent in an explosive must be done in such a way as to achieve homogeneous distribution in the finished product. The minimum concentration of the detection agent in the finished product, during the production, is indicated in the following table.

 


 


 


 


 


 

The molecular Formula Molecular Weight detection Concentration low (%) of ethylene glycol Isosorbide (EGDN) C2H4 (NO3) 2 152 2.3-dimethyl 2.3 0.2-dinitrobutan (DMNB) C6H12 (NO2) 2 176 0.1 para-mononitrotoluen (p-MNT) 137 C7H7NO2 0.5 mononitrotoluen Ortho-(o-MNT) 0.5 C7H7NO2 137 Any explosives, following manufacture, contains any of the detection agents described above, but at a minimum level of concentration required you will need to be marked appropriately.
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