FELIPE VI

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law:

PREAMBLE

Taking into account the general principle of the protection of the civilian population against the effects of hostilities and the principle of international law according to which the right of the parties to an armed conflict to choose the methods The international community-led by the United Nations-has taken several important steps to achieve international détente, the termination of the arms race, the establishment of the trust between States, as well as to achieve progress towards general disarmament and complete under strict and effective international control.

In this regard, the Convention on prohibitions or restrictions on the use of certain conventional weapons, which can be considered to be excessively harmful or of indiscriminate effects, was adopted in Geneva on 10 October. 1980 (hereinafter the Convention on Certain Conventional Weapons or CCAC). To this day, five protocols have been adopted which complement the treaty. The second of these, the Protocol on prohibitions or restrictions on the use of mines, trap weapons and other devices (Protocol II as amended on 3 May 1996), contains more stringent provisions. However, the results of the adoption of the new text were not sufficient and, finally, the international community adopted a legally binding agreement prohibiting the use, storage, production and transfer of mines. antipersonnel, as well as forcing the destruction of all stocks that each country party to the agreement possessed, either in storage or in mined areas under its jurisdiction or control. This agreement formally called the Convention on the prohibition of the use, storage, production and transfer of anti-personnel mines and on their destruction, made in Oslo on 18 September 1997 (hereinafter the Convention on the The ban on anti-personnel mines came into force in March 1999. Protocol II and the Convention on the Prohibition of Anti-Personnel Mines are the only legal instruments to which Law No 33/1998 refers, since it is a rule whose scope is limited only to anti-personnel mines, as with the other two texts cited above.

However, the passage of time has led to increased international concern for the progressive disarmament of states and the protection of the civilian population from the use of weapons of mass destruction. indiscriminate. Thus, the Protocol on Explosive Remnants of War additional to the Convention on prohibitions or restrictions on the use of certain conventional weapons that can be considered as excessively harmful or of indiscriminate effects was approved. (Protocol V), done at Geneva on 28 November 2003. Through this new instrument of international humanitarian law, an important tool is added to efforts to reduce the number of deaths, injuries and suffering caused by the explosive devices that remain after the end of an international humanitarian law. armed conflict. Protocol V provides for new rules, for which the parties to a conflict must remove explosive remnants of war, take measures to protect civilians from the effects of such weapons, and to provide aid to organizations. International and non-governmental organisations working in these areas. This Protocol has the potential to significantly reduce the number of civilian casualties that is always recorded after the end of hostilities, and to minimize the long-term socio-economic consequences of the remains. War explosives for countries affected by the war. The Protocol complements the activities carried out by the international community to reduce the suffering caused by antipersonnel mines.

Since the cluster munitions began to be used in the 1940s, civilians have paid a heavy price for the untrustworthy and inaccurate nature of these weapons, which, thrown into huge amounts over large areas, have been have killed and injured tens of thousands of civilians in war-torn countries, mainly in Asia, Europe and the Middle East.

In view of the conditions suffered for decades by the civilian population provided that cluster munitions have been used, and in the light of the shortcomings of the CCAC Protocol V, Norway began the process of Oslo. This process was aimed at concertation of an international treaty to ban cluster munitions that would cause "unacceptable suffering" to civilians. Following the global follow-up conferences held in Lima, Vienna and Wellington, a Diplomatic Conference was held in Dublin, in which more than 100 States participated and the Convention on Cluster Munitions was adopted. in Dublin on 30 May 2008. In December 2008, in Oslo, 107 countries signed the agreement, although it did not enter into force until 1 August 2010, as ratification of the Convention by at least 30 states was necessary. The instrument of ratification by Spain was deposited on June 8, 2009.

With the approval of the aforementioned instrument, the States have placed the colophon on the programmatic points in the international legal structure that governs the effects of this type of weapons. The Convention on the Prohibition of Anti-Personnel Mines, Protocol II on Mines, Trap and Other Artifacts and Protocol V on Explosive Remnants of War of the CCAC, and the Convention on Cluster Munitions are now a set of tools to prevent or remedy the often tragic consequences that all explosive munitions used in armed conflicts have on civilians.

However, despite the entry into force of the latter Convention on 1 August 2010, Article 9 of the agreement on implementing measures at national level states: " Each State Party shall take all the measures necessary to implement the Convention. legal, administrative and other measures to implement this Convention, including the imposition of criminal sanctions to prevent and repress any activity prohibited to States Parties in accordance with this Convention; Convention which has been committed by persons or on territory under its jurisdiction or control. " For its part, Article 9 of the Convention on the Prohibition of Anti-Personnel Mines contains a similar provision.

The Defense Committee of the Congress of Deputies, at its meeting on 18 November 2009, approved a non-law proposal calling on the Government, among other things, " to be applied in Spain, the Convention on Cluster Munitions, signed by the Government, on 30 May 2008, in Dublin, as well as an intense international action to bring about the linkage to the agreement of the States that have not yet acceded to it. "

In this way, in order to achieve a proper implementation of the Convention on Cluster Munitions, and in compliance with the provisions of the non-law proposal approved by the Defense Committee, it is necessary to reform the Law of the United States of 5 October, a total ban on anti-personnel mines and weapons of similar effect, to unify the treatment received by anti-personnel mines and cluster munitions, prohibited by the respective conventions.

Single item. Amendment of Law 33/1998 of 5 October, of total prohibition of anti-personnel mines and weapons of similar effect.

Law 33/1998, of 5 October, of total prohibition of anti-personnel mines and weapons of similar effect, is amended as follows:

One. The title is worded as follows:

"Law 33/1998, of October 5, of total prohibition of anti-personnel mines, cluster munitions, and weapons of similar effect."

Two. Article 1 is worded as follows:

" Article 1. Definitions.

By "antipersonnel mine" means any mine designed to explode by the presence, proximity or contact of a person, and which incapacitate, injure or kills one or more people. Mines designed to detonate by the presence, proximity or contact of a vehicle and not a person, which are fitted with an anti-tampering device, are not considered as anti-personnel mines because they are so constituted.

By "mine" means any explosive device designed to be placed beneath, on or near the surface of the ground or other surface any and intended to explode by the presence, proximity or contact of the a person or vehicle.

By means of "anti-tampering device" means a device intended to protect a mine and which is part of it, which is connected, fixed, or placed under the mine, and which is activated when it is attempted to manipulate or activate it intentionally in some other way.

By "means of launching or dispersing mines" means those vectors or mechanisms specifically designed as a means of launching or dispersing anti-personnel mines.

"Cluster ammunition" means a conventional ammunition that has been designed to disperse or release explosive submunitions, each weighing less than 20 kilograms, and which includes these explosive submunitions. The definition does not include:

(a) Ammunition or submunitions designed to emit flares, smoke, pyrotechnics or radar counter-measures ("chaff") or an ammunition designed exclusively with an air defense function.

b) An ammunition or submunitions designed to produce electrical or electronic effects.

(c) An ammunition which, in order to avoid indiscriminate effects in an area, as well as the risks involved in unexploded submunitions, has all the following characteristics:

i. Each ammunition contains less than ten explosive submunitions.

ii. Each explosive sub-ammunition weighs more than four kilograms.

iii. Each explosive sub-ammunition is designed to detect and attack an object that is a unique target.

iv. Each explosive sub-ammunition is equipped with an electronic self-destruction mechanism.

v. Each explosive sub-ammunition is equipped with an electronic self-deactivation device.

"Unexploded submunitions" means an explosive sub-ammunition that has been dispersed or released, or has otherwise been separated from a cluster ammunition, and has not broken out as expected.

"Explosive submunitions" means a conventional ammunition that, in order to develop its function, is dispersed or released by a cluster ammunition and is designed to operate by detonating an explosive charge before impact, simultaneously with or after impact.

For "failed cluster ammunition" means a cluster ammunition that has been fired, released, thrown, projected or otherwise thrown and that should have dispersed or released its explosive submunitions but did not.

For "abandoned cluster munitions" means those cluster munitions or explosive submunitions that have not been used and have been abandoned or disposed of and are no longer under the control of the abandonment or disposal. They may or may not have been prepared for employment.

"Explosive bomb" means a conventional ammunition of less than 20 kilograms, which is not self-propelled and which, in order to perform its function, must be dispersed or released by an emitting device, and which is designed to operate by detonation of an explosive charge before impact, simultaneously with or after impact.

By "sending device" means a container that is designed to disperse or release explosive pumps and is fixed on an aircraft at the time of dispersion or release.

By "unexploded bomb" means an explosive pump that has been dispersed, released or otherwise separated from an emitter and has not broken out as expected.

For "cluster munitions remains" is understood failed cluster munitions, abandoned cluster munitions, unexploded submunitions, and unexploded bomblets.

By "area contaminated with cluster munitions" an area known or suspected to contain cluster munitions remains is understood.

By "self-destruction mechanism" means an automatic built-in operating mechanism which is additional to the primary initiator mechanism of the ammunition and which ensures the destruction of the ammunition in which it is built-in.

By "self-deactivation" it is understood to automatically make inactive, an ammunition by means of the irreversible exhaustion of a component, such as, for example, a battery, which is essential for the operation of the ammunition.

"Transfer" means, in addition to the physical transfer of anti-personnel mines and cluster munitions within or outside a national territory, the transfer of domain and control over anti-personnel mines and cluster munitions, but does not include the transfer of territory containing remains of anti-personnel mines and cluster munitions.

"victims" means all persons who have lost their lives or have suffered physical or psychological harm, economic loss, social marginalisation or substantial damage to the realization of their rights due to employment mines, cluster munitions, trap weapons and other artifacts. The definition includes those people directly affected by these weapons, as well as the families and communities harmed. "

Three. Article 2 is worded as follows:

" Article 2. Total prohibition of employment, storage, production, and transfer.

1. The use, development, production, acquisition of one mode or another, storage, storage, transfer or export to any, directly or indirectly, of antipersonnel mines, cluster munitions, explosive pumps, shall be prohibited. weapons of similar effect and other types of conventional weapons specified in the protocols annexed to the Convention of 1980 on prohibitions or restrictions on the use of certain conventional weapons which may be considered to be excessively harmful or indiscriminate effects, as well as their technology and patents.

The financing or advertising of such weapons, and of the concepts explained in the preceding paragraph, shall also be prohibited by any means.

It is also prohibited to assist, encourage or induce anyone to participate in an activity prohibited by this law or by the conventions of which Spain is a party.

The violation of this law will be sanctioned in accordance with the Penal Code.

2. The transfer of anti-personnel mines and cluster munitions is permitted when it is carried out for destruction.

3. Military cooperation and participation in military operations by the State, its military personnel or its nationals with other States that are not a party to the Convention on Cluster Munitions shall not be construed as prohibited in this law. use these types of weapons.

However, the above does not authorize:

a) Develop, produce, or acquire in one way or another, antipersonnel mines or cluster munitions.

b) Store or transfer antipersonnel mines or cluster munitions.

c) Use anti-personnel mines or cluster munitions.

d) expressly request the use of anti-personnel mines or cluster munitions in cases where the choice of ammunition used is under its sole control. "

Four. Article 3 is worded as follows:

" Article 3. Destruction of anti-personnel mines and cluster munitions.

1. The State undertakes to destroy or to guarantee the destruction of all antipersonnel mines and cluster munitions, including those that may be discovered after the entry into force of the conventions and to have destroyed the existing arsenals.

The Ministry of Defense will ensure that all existing anti-personnel mines and cluster munitions under Spanish jurisdiction and control are destroyed as soon as possible and in any case within the time limits stipulated in the the respective conventions (four years for antipersonnel mines and eight years for cluster munitions).

The destruction of anti-personnel mines and cluster munitions will be done through procedures that comply with international, European and national standards applicable to the protection of public health and the environment. environment, and thus respect the environmental conditions of the area where they are destroyed.

2. All companies that have been producing anti-personnel mines and/or cluster munitions, or other weapons of similar effect prohibited by the aforementioned conventions, as well as anyone who may possess them for any purpose, shall report to the Ministry of Defense of the total of these weapons that belong to them or have, or are under their control, including a breakdown of the type, quantity and, if possible, the batch numbers of each type of weapon and proceed to its destruction as soon as possible and, in any case, within the deadlines that mark the conventions.

These companies will also report on the situation and progress of the programs to convert or close the production facilities of the prohibited weapons in this law.

3. The Government shall inform the General Courts of the appropriate plans and deadlines for the effective implementation of the provisions of this Article and of the provisions of Article 7 of the Convention on Anti-Personnel Mines and the Convention. on cluster munitions, annually and up to the actual and total destruction of existing anti-personnel mines and cluster munitions in the Spanish territory. "

Five. Article 5 is worded as follows:

" Article 5. Exceptions.

1. Without prejudice to Article 2 of this Law, the Ministry of Defence is permitted to retain or transfer a quantity of anti-personnel mines and cluster munitions for the development of detection, cleaning or destruction of these devices and training in such techniques. The quantity of such anti-personnel mines and cluster munitions shall not exceed the minimum quantity absolutely necessary for the purposes mentioned.

The destruction of anti-personnel mines and cluster munitions, referred to in Article 3 of this Law, shall not affect those which are maintained for the purposes referred to in the preceding paragraph.

2. In accordance with the provisions laid down in Article 3 (3) of this Law, the Government shall inform the Cortes General of the minimum quantities required for the development of detection, cleaning or destruction of anti-personnel mines and cluster munitions, in particular details of transfers that could have been carried out for these purposes.

3. The Government shall forward to the United Nations Secretariat the reports of updates of mandatory data, in accordance with the conventions of which Spain is a party.

4. The Government will modify the documents containing the Spanish Defense Doctrine in accordance with the provisions and prohibitions of this law. "

Six. Article 6 is worded as follows:

" Article 6. International cooperation and assistance.

1. The Government shall take all necessary measures to continue to commit financial support and cooperation in humanitarian aid programmes and projects, in the framework of international campaigns for this purpose, both in terms of bilateral or multilateral, which require the contribution and support of Spain for the detection, deactivation and dismantling of mines and explosive remnants of war, in particular the remains of cluster munitions, existing in other States.

2. The government shall maintain the necessary provision of specific annual budget items in support of international and/or regional trust funds, the United Nations and/or existing regional organizations for such purposes, for demining and clearing programmes and destruction of explosive remnants of war, including cluster munitions, as well as a technological contribution and the training of appropriate equipment to contribute to their total eradication.

3. The government will take all necessary steps to continue to commit financial support and cooperation from Spain in cooperation and assistance programs for the victims of anti-personnel mines and explosive remnants of war, including cluster munitions, their families and their communities of belonging, including health care, rehabilitation, psychological support, social and economic inclusion, awareness raising, accident prevention, education and rehabilitation of populations affected.

4. In the commitments or cooperation agreements for demining and clearing operations and the destruction of explosive remnants of war and cluster munitions which, by bilateral agreement or at the request of the international bodies of which it forms the Kingdom of Spain, be contracted by the Spanish Government, the Ministry of Defense will highlight in specific missions to the professional military personnel specialist in these techniques, in order to carry out the corresponding performances of detection, cleaning and disposal of anti-personnel mines and explosive remnants of war, especially the derivatives of the use of cluster munitions.

5. Special attention will be devoted to technical and training cooperation to expert personnel in demining and deactivation techniques for explosive remnants of war and improvised devices from affected countries, especially in the centres of specialised, including the Ministry of Defence's International Demining Centre. "

Seven. The additional first provision is worded as follows:

" Additional disposition first. Funding.

1. The costs incurred in the destruction of the stored anti-personnel mines shall be financed from the corresponding appropriations of the Ministry of Defence.

2. The costs arising from the destruction of cluster munitions shall be borne by the person who owns them. The General Administration of the State shall have the right to be compensated by the undertakings producing or possessing non-compliance with its obligations, if such non-compliance shall result in liability to the State. "

Final disposition first. Promoting the ratification and implementation of the "Convention on the prohibition of the use, storage, production and transfer of anti-personnel mines and on their destruction" and the "Convention on Cluster Munitions".

The Government will, through its external action and the rest of the State's media, promote all actions aimed at the fact that the States that have not yet done so will accede and ratify both the Ottawa Treaty on Mines antipersonnel such as the Oslo Convention on Cluster Munitions.

Similarly, it will put in place all the necessary diplomatic actions and efforts to promote the rules established in both cases and discourage the use of this type of ammunition by states that are not part of the such agreements, especially those that cooperate and participate in military operations with our country.

Final disposition second. Entry into force.

This law shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, July 28, 2015.

FELIPE R.

The President of the Government,

MARIANO RAJOY BREY