Law 27/2015, 28 July, Modification Of Law 33/1998, Of October 5, Ban Anti-Personnel Mines And Weapons Of Similar Effect.

Original Language Title: Ley 27/2015, de 28 de julio, de modificación de la Ley 33/1998, de 5 de octubre, de prohibición total de minas antipersonal y armas de efecto similar.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-8471

FELIPE VI King of Spain to all that the present join together and act.

Know: That the Cortes Generales have approved and I come in to sanction the following law: preamble to the general principle of the protection of the civilian population against the effects of hostilities and to the principle of international law according to which the right of the parties to an armed conflict to choose methods or means of warfare is not unlimited the international community - led by United Nations - has given several important steps for achieving international détente, the completion of the arms race, the establishment of trust between States, as well as to achieve progress leading to general and complete disarmament under strict and effective international control.

In this sense, approved the Convention on Prohibitions or restrictions on the use of certain conventional weapons which may be deemed to be Excessively Injurious or to have indiscriminate effects, done at Geneva on 10 October 1980 (hereinafter, Convention on certain conventional weapons, or CCW). Until today have been approved five protocols supplementing the treaty concerned. The second of them, the Protocol on Prohibitions or restrictions on the use of mines, weapons booby-traps and other devices (Protocol II as amended on 3 May 1996), includes more stringent provisions. However, the results derived from the adoption of the new text were not enough and, finally, the international community adopted a legally binding agreement prohibiting the use, Stockpiling, production and transfer of mines anti-personnel as well as forcing the destruction of all stocks in each country party to the agreement it possessed, either in store or in mined areas under its jurisdiction or control. This agreement, formally called the Convention on the prohibition of the use, Stockpiling, production and transfer of anti-personnel mines and on their destruction, done at Oslo on 18 September 1997 (hereinafter the anti-personnel mine ban Convention), came into force in March 1999. Protocol II and the mine ban Convention anti-personnel landmines are the only legal instruments to which the law 33/1998 refers, since it is a rule whose scope is confined only to mines anti-personnel landmines, as is the case with the other two texts cited.

However, the passage of time has been the growth of the international concern for achieving a progressive disarmament of States and the protection of civilian populations against the use of weapons of indiscriminate destruction. Thus, approved the Protocol on the remains of explosives of war additional to the Convention on Prohibitions or restrictions on the use of certain conventional weapons which may be deemed to be Excessively Injurious or have indiscriminate effects (Protocol V), done at Geneva on 28 November 2003. Through this new instrument of international humanitarian law adds an important tool to the efforts to reduce the number of deaths, injury and suffering caused by the explosive devices remaining after the cessation of armed conflict. In Protocol V, set forth new rules, on which the parties to a conflict have to remove explosive remnants of war, to take measures to protect civilians from the effects of these weapons and providing assistance to the international organizations and NGOs working in these areas. This protocol involves the potential to considerably reduce the number of civilian casualties that always occurs after the end of hostilities, and to reduce to the minimum the socio-economic consequences long-term posed by explosive remnants of war to the countries affected by the war. Using the Protocol complemented the activities carried out by the international community to reduce the suffering caused by anti-personnel mines.

Since they began using the ammunition in cluster, in the Decade of 1940, civilians have paid a high price for not reliable and imprecise nature of these weapons which, released in huge quantities over vast areas, have caused death and injury to tens of thousands of civilians in countries ravaged by war, mainly in Asia Europe and the Middle East.

In view of the ailments suffered for decades by the civilian population provided that munitions have been used in cluster, and the inadequacies of Protocol V of the CCW, Norway launched in February 2007, the Oslo process. This process was aimed at the conclusion of an international treaty to ban ammunition cluster that caused "unacceptable sufferings" of civilians. After the follow-up to world conferences held in Lima, Vienna and Wellington, a diplomatic Conference, which was attended by more than 100 States and which adopted the Convention on cluster munitions, made in Dublin on 30 May 2008 was held in Dublin. In December of the same year 2008, in Oslo, 107 countries signed the agreement, although this did not come into force until August 1, 2010, since the ratification of the Convention by at least 30 States was necessary. The instrument of ratification by Spain was deposited on 8 June 2009.

With the adoption of the instrument concerned, States have made programmatic points the climax in the international legal framework that governs the effects of such weapons. The anti-personnel mine ban Convention and Protocol II on mines, booby traps and other devices, Protocol V on explosive remnants of war of the CCAC, and the Convention on cluster munitions are now a set of tools allowing 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 this last Convention on August 1, 2010, article 9 of the agreement on measures of implementation at the national level States that: "each State party shall adopt all legal, administrative and other measures that apply to implement the present Convention, including the imposition of penal sanctions to prevent and suppress any activity prohibited to States parties in accordance with this Convention which has been committed by persons or on territory under its jurisdiction or control". Moreover, article 9 of the anti-personnel mine ban Convention contains a similar provision.

In addition, the Commission of Defense of the Congress of Deputies, in its session of November 18, 2009, approved a proposition of a bill by which urged the Government, among other things, 'to an agile application in Spain of the Convention on cluster munitions, signed by the Government, the last 30 May 2008, in Dublin «, as well as intense international action to achieve the linkage to the agreement of the States still not acceded to it».

In this way, to get a proper application of the Convention on cluster munitions, and complying with the provisions of the proposition of a bill approved by the Committee on defence, it is necessary to reform the law 33/1998, of October 5, anti-personnel mine ban and weapons of similar effect, to unify the treatment received by mines anti-personnel landmines and cluster munitions banned by the respective conventions.

Single article. Modification of law 33/1998, 5 October, ban anti-personnel mines and weapons of similar effect.

Law 33/1998, 5 October, ban anti-personnel mines and weapons of similar effect, is modified as follows: one. The title is worded as follows: ' law 33/1998, 5 October, ban anti-personnel mines, cluster munitions and weapons of similar effect. '

Two. Article 1 is worded as follows: «article 1. Definitions.

"Anti-personnel mine" means all designed mine to make it explode by the presence, proximity or contact of a person, and that you disable, wound, or kill one or more persons. Mines designed to be detonated by the presence, proximity or contact of a vehicle and not a person, that are equipped with an anti-handling device, are not considered landmines being so constituted.

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

"Anti-handling device" means a device intended to protect a mine and which is part of it, which is connected, set, or placed under the mine and which activates when you try to manipulate it or activate it intentionally in any other way.

By "media release or dispersion of mines" means those vectors or mechanisms specifically designed as a means of release or anti-personnel mines dispersion.

"Cluster munition" means a conventional munition that is designed to disperse or release explosive submunitions each weighing less than 20 kilograms, and includes these explosive submunitions. The definition does not include:
(a) a munition or submunition designed to emit flares, smoke, pyrotechnics effects or countermeasures by radar ("chaff") or a munition designed exclusively with a function of air defense.

(b) a munition or submunition designed to produce electrical or electronic effects.

(c) a munition that, to avoid indiscriminate effects in an area, as well as the risks posed by sub-munitions unexploded, has all the following characteristics: i. each munition contains fewer than 10 explosive submunitions.

II. each explosive submunition weighs more than four kilograms.

III. each explosive submunition is designed to detect and attack an object which constitutes a unique target.

IV. each explosive submunition is equipped with an electronic self-destruction mechanism.

v. Each explosive submunition is equipped with an electronic deactivation device.

"Unexploded submunition" means an explosive submunition that has been dispersed or released by, or that are separated from other words, cluster ammunition, and it has not broken out as expected.

"Explosive submunition" means a conventional munition that, to perform its function, is dispersed or released by a BB in cluster and is designed to function by detonating an explosive charge prior to the impact, simultaneously to the impact or subsequent to it.

"Failed cluster ammunition" means ammunition cluster that has been fired, dropped, launched, projected or thrown otherwise and which should have dispersed or released its explosive submunitions but failed to do so.

"Abandoned cluster munitions" means those munitions in cluster or explosive submunitions that have been used and that have not been abandoned or discarded and are no longer under the control of the party that left them or discarded. They may or not have been prepared for use.

"Explosive bombeta" means a conventional munition, of less than 20 kilograms, which is not self-propelled and which, to perform their function, must be dispersed or released by a device, and that is designed to function by detonating an explosive charge prior to the impact, simultaneously to the impact or subsequent to it.

"Device" means a container that is designed to disperse or release explosive bomblets and which is set to an aircraft at the time of dispersal or release.

"Bombeta unexploded" means an explosive bombeta that has been dispersed, released or separate otherwise from an issuer and has not broken out as expected.

"Remains of cluster munitions" means ammunition cluster failed and abandoned cluster munitions, unexploded submunitions or bomblets ordnance.

"Contaminated with cluster munitions area" means an area that is known or suspected that contains remains of cluster munitions.

"Self-destruction mechanism" means a mechanism of built-in automatic operation that is in addition to the primary initiating mechanism of ammunition and which ensures the destruction of ammunition in which it is incorporated.

"Self-deactivation" means making inactive, automatically, an ammunition by means of the irreversible exhaustion of a component, such as, for example, a battery, that is essential to the operation of the munition.

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

"Victims" means persons who have lost their lives or suffered physical or psychological injury, economic loss, social marginalization or substantial harm in the realization of their rights due to the use of mines, booby traps, cluster munitions and other devices. The definition includes those people directly affected by these weapons, as well as to the families and communities affected."

3. Article 2 is worded as follows: 'article 2. Total prohibition of the use, Stockpiling, production and transfer.

1 prohibited the use, development, production, acquisition of a way or another, storage, conservation, transfer or export, directly or indirectly, anti-personnel mines, cluster munitions, explosive bomblets, weapons of similar effect and other types of conventional arms specified in the protocols annexed of the 1980 Convention on Prohibitions or restrictions on the use of certain conventional weapons which may be deemed to be Excessively Injurious or to have indiscriminate effects , as well as of its technology and patents.

Funding or advertising of this type of weapon, and the concepts explicit in the previous paragraph, by any means is also prohibited.

Likewise, it is forbidden to assist, encourage or induce anyone to participate in an activity prohibited by this law or conventions which Spain is a party.

Violation of this law shall be punished in accordance with the criminal code.

2. the transfer of mines anti-personnel landmines and cluster munitions is permitted when performed for their destruction.

3. shall not be interpreted as prohibited by this law activities military cooperation and participation in military operations by the State, their military personnel or its nationals with other States that are not party to the Convention of ammunition in cluster and use such weapons.

Still, the provisions above does not authorize a: to) develop, produce or acquire in one way or another, landmines or cluster munitions.

(b) store or transfer anti-personnel mines and cluster munitions.

(c) use anti-personnel mines or munitions in cluster.

(d) expressly request the use of anti-personnel mines or cluster munitions in cases in which the choice of munitions used is under its exclusive control.»

Four. Article 3 is worded as follows: «article 3. Destruction of mines anti-personnel landmines and cluster munitions.

1. the State undertakes to destroy or ensure the destruction of all the anti-personnel mines and cluster munitions, including those that might be discovered subsequent to the entry into force of the Convention and of having destroyed the existing arsenals.

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

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

2. all companies that have been producers of anti-personnel mines or cluster munitions, or other weapons of similar effect prohibited by the above-mentioned conventions, as well as anyone who can possess them for any purpose, must inform the Ministry of defence of the total number of these weapons that they are, or have, or that are under its control, including a breakdown of the type , quantity and, if possible, lot numbers of each type of weapon and proceed to their destruction as soon as possible and, in any case, within the time limits which the conventions mark.

Also these companies will report on the status and progress of programmes for conversion or decommissioning of production facilities for weapons banned under this law.

«3. the Government shall inform the Cortes Generales of plans and appropriate time to proceed to the effective enforcement of the provisions of this article and how much is available in the article 7 of the Convention on anti-personnel mines and of the Convention on cluster munitions, annually and up to the effective and total destruction of mines anti-personnel landmines and cluster munitions in Spanish territory.»

5. Article 5 is worded as follows: «article 5. Exceptions.

1. without prejudice to the provisions of article 2 of this law, are allowed to the Ministry of defence the retention or transfer of a number of mines anti-personnel landmines and cluster munitions for the development of techniques for detecting, cleaning or destruction of these devices and the training in these techniques. The amount of such mines anti-personnel landmines and cluster munitions shall not exceed the minimum number absolutely necessary for the above-mentioned purposes.

The destruction of mines anti-personnel landmines and cluster munitions, referred to it in article 3 of this law shall not affect which are kept for the purposes indicated in the preceding paragraph.

2. in accordance with the provisions established by article 3, paragraph 3, of this law, the Government shall inform the Cortes Generales with respect to the essential minimum amounts earmarked for the development of techniques for detecting, cleaning or destruction of anti-personnel mines and cluster munitions, with special detail of transfers that would have been able to be carried out with these purposes.
3. the Government shall forward to the Secretary General of United Nations reports updating mandatory data, in accordance with the conventions of which Spain is a part.

4. the Government will modify the documents containing the doctrine of Spanish defence in accordance with the provisions and prohibitions of this law.»

6. Article 6 is worded as follows: «article 6. Cooperation and international assistance.

1. the Government shall adopt many provisions are necessary to continue committing financial support and collaboration in programmes and projects of humanitarian aid, within the framework of international campaigns to this end, whether bilateral or multilateral, that require the contribution and support by Spain for detecting, disarming and dismantling of mines and explosive remnants of war , especially the remains of cluster munitions, in other States.

2. the Government will maintain the necessary provision of budget items annual specific trust funds supporting international and/or regional, United Nations or regional organizations exist for such purposes, to programmes of demining and cleaning and destruction of explosive remnants of war, including those of cluster munitions, as well as a technological contributions and training of appropriate equipment to contribute to its total eradication.

3. the Government shall adopt many provisions necessary to continue committing financial support and the cooperation of Spain in programmes of cooperation and assistance to the victims of anti-personnel mines and explosives of war remains of ammunition included in cluster, their families and their communities of belonging, including medical care, rehabilitation, psychological support, social and economic inclusion, awareness, prevention of accidents education and rehabilitation of the affected populations.

4. on commitments or agreements of cooperation for operations of demining and cleaning and destruction of explosive remnants of war and cluster munitions which, by bilateral agreement or at the request of international organizations which form part of the Kingdom of Spain, are contracted by the Spanish Government, the Ministry of defence will highlight in specific missions to the specialist professional military personnel in these techniques make the corresponding actions of detection, cleaning and elimination of mines anti-personnel landmines and explosive remnants of war, particularly derived from the use of cluster munitions.

5 is devoted special attention to technical cooperation and training to expert staff in techniques of mine clearance and deactivation of explosive remnants of war and improvised from affected countries, in particular in specialized centres, including the International Centre for demining of the Ministry of defence."

7. The first additional provision is worded as follows: «first additional provision. Funding.

1. the expenses caused by the destruction of the anti-personnel mines stored will be funded with appropriations from the Ministry of defence.

2. the costs of the destruction of unexploded cluster will be assumed by who possess them. The General Administration of the State shall be entitled to be awarded by the companies producing or possessing complying its obligations, if such non-compliance would lead to total liability to the State."

First final provision. Promotion of the ratification and implementation of the «Convention on the prohibition of the use, Stockpiling, production and transfer of anti-personnel mines and on their destruction» and the «Convention on cluster munitions".

The Government will promote, through its external action and the rest of the State media, any actions aimed at the States that have not yet done so to adhere and both ratify the Ottawa Treaty on mines anti-personnel landmines as the Oslo Convention on cluster munitions.

In the same way, it will implement all actions and diplomatic effort to promote standards in both cases and discourage the use of this type of ammunition by States that are not part of these agreements, especially those who cooperate and participate in military operations in our country.

Second final provision. Entry into force.

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

Therefore, command to all Spaniards, private individuals and authorities, which have and will keep this law.

Madrid, 28 July 2015.

PHILIP R.

The Prime Minister, MARIANO RAJOY BREY