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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 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

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LEGE no. 139 139 of 29 June 1998 for the accession of Romania to the Convention on the marking of plastic explosives and in foil for the purpose of detection, adopted in Montreal on 1 March 1991
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 249 249 of 6 July 1998



The Romanian Parliament adopts this law + Article UNIC Romania adheres to the Convention on the marking of plastic explosives and in foil for the purpose of detection, adopted in Montreal on 1 March 1991. This law was adopted by the Senate at the meeting of April 9, 1998, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT CRISTIAN SORIN DUMITRESCU This law was adopted by the Chamber of Deputies at the meeting of June 9, 1998, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT PAULA MARIA IVANESCU + CONVENTION on the marking of plastic explosives and in foil for the purpose of detection *) Note * *) Translation. The Parties to this Convention, aware of the incidence of acts of terrorism on world security, expressing their concern over the acts of terrorism aimed at the destruction of aircraft, other means of transport and targets, concerned that plastic and foil explosives were used to commit acts of terrorism, considering that the marking of explosives for the purpose of detection would, in a major way, contribute to the prevention of such illicit acts, recognising that, in order to prevent such unlawful acts, it is necessary to urgently establish an international instrument obliging States to adopt measures such as to ensure that plastic and foil explosives are marked in a manner correspondingly, Having regard to United Nations Security Council Resolution 635 of 14 June 1989 and United Nations General Assembly Resolution 44/29 of 4 December 1989, which required the International Civil Aviation Organization to step up efforts to set up an international marking regime for plastic explosives and foil for the purpose of detection, Taking into account Resolution A 27-8, unanimously adopted by the Assembly of the International Civil Aviation Organization at the 27th session that decided, giving it absolute priority, the preparation of a new international instrument on the marking plastic explosives or in foil for the purpose of detection, taking note with satisfaction of the role played by the Council of the International Civil Aviation Organization in the preparation of the Convention, as well as its willingness to assume the functions required by this Convention, agree to the following provisions: + Article 1 The terms of this Convention: 1. Explosives shall mean explosive products known as explosive plastic, including explosives in the form of supple or elastic foil, which are described in the technical annex to this Convention. 2. The detection agent shall mean the substance described in the technical annex to this Convention, which shall be added to an explosive to make it detectable. 3. The marking shall mean the addition to an explosive of a detection agent, in accordance with the technical annex to this Convention. 4. The manufacture means any process, including reprocessing, which ultimately leads to the manufacture of explosives. 5. By duly authorized military instruments it is understood, without the list being exhaustive, shells, bombs, projectiles, mines, missiles, grenades and perforators, manufactured exclusively for military or police purposes, in accordance with the laws and with the regulations of the contracting state. 6. By state manufacturer means the state on whose territory explosives are manufactured. + Article 2 Each State-Party shall take all necessary and effective measures to prohibit and prevent the manufacture in its territory of unmarked explosives. + Article 3 1. Each State-Party must take all necessary and effective measures to prohibit and prevent entry or exit from its territory of unmarked explosives. 2. The preceding paragraph shall not apply to transport, for purposes which are not contrary to the objectives of this Convention, by the authorities of a State-party exercising military or police functions, of unmarked explosives on which this state-party exercises a control according to paragraph 1 of art. 4. + Article 4 1. Each State-Party must take all necessary measures for the exercise of strict and effective control over the possession and transfer of unmarked explosives that have been manufactured or entered on its territory before the entry into force of the the present Convention, ratified by that State, in order to prevent the diversion or use of them 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 not held by the authorities exercising military or police functions shall be destroyed or used for purposes which are not contrary to the objectives of this Convention, to be marked or made definitively harmless, within 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 the stocks of explosives covered by paragraph 1 of this Article, which are held by the authorities exercising military or police functions and which are not incorporated as an integral part in military instruments duly authorised, to be destroyed or used for purposes which are not contrary to the objectives of this Convention, to be marked or made definitively harmless, in a years apart from the date of entry into force of this Convention for the State Respectively. 4. Each State-Party shall take the necessary measures to ensure the destruction, as far as possible, on its territory, of unmarked explosives, which may be discovered and which are not mentioned in the provisions of the preceding paragraphs of the present article, other than stocks of unmarked explosives, held by its authorities exercising military or police functions and incorporated in military instruments authorized on the date of entry into force of this Convention for the State Respectively. 5. Each State-Party shall take all necessary measures for the exercise of strict and effective control over the possession and exchange of explosives referred to in paragraph 2 of the first part of the Technical Annex to this Convention, in order to prevent diverting or using them for purposes contrary to the objectives of this Convention. 6. Each State-Party must take all necessary measures to ensure the destruction, as far as possible, in its territory, of unmarked explosives, manufactured from the date of entry into force of this Convention for this State, and which are not incorporate in the manner indicated in paragraph 2 para. d) of the first part of the technical annex to this Convention, and of unmarked explosives which do not fall within the scope of paragraph 2 of that paragraph. + Article 5 1. A technical international commission of explosives, hereinafter referred to as the Commission, composed of at least 15 members and a maximum of 19 members, appointed by the Council of the International Civil Aviation Organization, referred to in the Convention, shall be established The Council, of the persons proposed by the Parties to this Convention. 2. The members of the commission shall be experts with direct and substantial experience in the field of manufacture or detection of explosives or explosives research. 3. The members of the commission shall be appointed for a period of 3 years, their mandate may be renewed. 4. The sessions of the commission shall be held at least once a year at the headquarters of the International Civil Aviation Organization or in places and on dates fixed and approved by the Council. 5 the Commission shall adopt its internal regulation, subject to its approval by the Council. + Article 6 1. The Commission shall assess the technical progress of the manufacture, marking and detection of explosives. 2. The Commission shall, by means of the Council, communicate its conclusions to interested parties and international organisations. 3 Commission shall, if necessary, submit to the Council recommendations on amendments to the technical annex to this Convention The Commission will endeavour to take decisions, by consensus, on these recommendations. In case of misunderstandings, these decisions are taken by a two-thirds majority of the members of the committee. 4. The Council may, on the recommendation of the Commission, propose to the States Parties amendments to the Technical Annex to this Convention. + Article 7 1. Each State-Party may, within the next 90 days from the date of notification of an amendment to the Technical Annex to this Convention, communicate its observations to the Council. The Council shall submit those observations as soon as possible to the Commission for the purposes of 2. The Commission shall examine the opinions of the States Parties, expressed in accordance with the preceding paragraph, and shall make a report to the Council. The Council, after examining the report of the Commission, having regard to the nature of the amendment and the observations of the State-Parties, including the producing States, may propose the amendment for approval to all States Parties. 3. If the proposed amendment was not rejected by five or more States-parties by 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 to have been adopted and enters into force 180 days later or after a period provided for in the proposed amendment for states-parties that did not expressly reject it. 4. The States-Parties which have expressly rejected the proposed amendment may, accordingly, by submitting an instrument of acceptance or approval, express their consent to be bound by the provisions of the amendment. 5. If five or more States Parties oppose the proposed amendment, the Council shall return it to the Commission for review. 6. If the proposed amendment has been adopted in accordance with paragraph 3 of this Article, the Council may also convene a conference with all parties. + Article 8 1. The States-Parties shall communicate to the Council, if possible, information which would assist the Commission to perform its functions set out in the terms of paragraph 1 of art. 6. 2. The States-Parties shall inform the Council of the measures they have taken to implement the provisions of this Convention. The Council shall communicate this information to all interested parties and international organisations. + Article 9 The Council, in cooperation with the State-Parties and with the relevant international organisations, shall take appropriate measures to facilitate the implementation of this Convention, namely the granting of technical assistance, and measures to allow exchanges of information on the technical evolution of the marking and detection of explosives. + Article 10 The technical annex to this Convention shall form an integral part thereof. + Article 11 Any dispute between the States-Parties concerning the interpretation or application of this Convention, which cannot be resolved by way of negotiations, shall be subject to arbitration at the request of one of them. If within 6 months from the date of application of the arbitration the parties do not agree to the organization of arbitration, one of them may submit the dispute to the International Court of Justice, submitting an application in accordance with the Statute of the Court. 2. Any state will be able, at the moment it will sign, ratify, accept or accede to this convention, declare that it does not consider itself bound by the provisions of the preceding paragraph. The other states-parties will not be bound by the above-mentioned provisions to the states-parties that have formulated reservations about them. 3. Any state-party that has formulated reserves in accordance with the provisions of the preceding paragraph will be able to withdraw these reserves at any time by a notification addressed to the depositary. + Article 12 Except as provided in art. 11 11, no reservation may be made against this Convention. + Article 13 1. The present Convention shall be submitted for signature on 1 March 1991 to the States participating in the International Conference of Air Law, held in Montreal from 12 February to 1 March 1991. After March 1, 1991, it will be open for signature to all states at the headquarters of the International Civil Aviation Organization until the entry into force, according to paragraph 3 of this article. Any state that has not signed the convention can adhere to it at any time. 2. This Convention shall be subject to ratification, acceptance, approval or accession of all States. Instruments of ratification, acceptance, approval or accession will be deposited with the International Civil Aviation Organization, designated as depositary. By depositing its instrument of ratification, acceptance, approval or accession, each State shall declare whether or not it is a producer 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 to the depositary, provided that at least five of the States have declared, according to paragraph 2 of this Agreement. article, that they are producing states. If 35 instruments of ratification are submitted before the submission of their instruments by 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 of accession by the 5th State producer. 4. For the other states this Convention shall enter into force 60 days after the date of deposit of their instruments of ratification, acceptance, approval or accession. 5. After its entry into force, this Convention will be registered by the depositary according to the provisions of art. 102 102 of the United Nations Charter and the provisions of Article 83 of the Convention on International Civil Aviation (Chicago, 1944). + Article 14 The depositary shall notify all signatories and States Parties without delay: 1. each signing of this Convention and the date of signature; 2. each deposit of an instrument of ratification, acceptance, approval or accession, and the date of filing, indicating, expressly, whether the State has declared itself as 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 to the Technical Annex thereto; 5. any denunciation made by virtue of art. 15 15; 6. any declaration made by virtue of paragraph 2 of art. 11. + Article 15 1. Each State-Party may denounce this Convention by way of written notification, addressed to the depositary. 2. Denunciation will enter into force after 180 days from the date of receipt of the written notification. For which, duly authorised plenipotentiary undersigned have signed this Convention. Written in Montreal, on 1 March 1991, in 5 original copies, in French, English, Spanish, Russian and Arabic. + Annex TECHNIQUE + Part I Description of explosives I. Explosives referred to in art. 1 paragraph 1 of this Convention shall be those who: a) are made up of one or more powerful explosives, which, in pure form, have the vaporization pressure of less than 10 ^ -4 Pa at a temperature of 25 degrees C; b) are made up by means of a binder; and c) is presented as a malleable or flexible mixture at the normal room temperature. II. The following explosives, even those described in paragraph I of this part, cannot be considered as explosives as long as they continue to be kept or used for the purposes specified below or remain incorporated, as described above. specify, respectively, those explosives which: a) are produced or kept in limited quantities only when used exclusively for the purpose of authorized research, development or testing of new or perfected explosives; b) they are produced or kept in limited quantities only when used exclusively for the purposes of authorised research, in preparation for the detection of explosives and/or the development or testing of explosives detection equipment; c) are produced or kept in limited quantities only when used in research authorized for scientific purposes; or d) are intended to be incorporated as an integral part of military equipment authorized on the territory of the producer state, within a period of 3 years from the date of entry into force of this Convention for that State. products during this period of 3 years must be authorized from a military point of view, in accordance with paragraph 4 of art. 4 4 of this Convention. III. In this part: -authorization mode, in paragraph II lit. a), b) and c), means the granting of permission in accordance with the laws and regulations of the signatory State; and -perfected explosives include, but are not limited to cyclotetramethylentetranitramine (HMX), pentaerythritol tetranitrate (PETN) and cyclotrimethylentetranitramine (RDX). + Part II Detection agents A detection agent is any kind of substance contained in the following table. It is intended that the detection agents described in this table will be used to enhance the detectability of explosives by vapour detection. In any case, the insertion of a detection agent into an explosive must be made in such a way that a homogeneous distribution of the finished product is reached. The minimum concentration of the detection agent in the finished product, during production, is indicated in the following table. The molecular formula (% mass) of ethylene glycol dinitrate (EGDN) C2H4 (NO3) 21520,2 2,3-dimethyl 2,3-dinitrobutane (DMNB) C6H12 (NO2) 21760,1 para-mononitrotoluene (p-MNT) C7H7NO21370,5 orto-mononitrotoluene (o-MNT) C7H7NO21370,5 Any explosive that, as a result of manufacture, contains any of the detection agents described above, but at a minimum level of concentration required, will need to be properly marked. ------