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RS 0.748.710.4 Convention of 1er March 1991 on the Marking of Plastic Explosives for the Purpose of Detection (with Annex)

Original Language Title: RS 0.748.710.4 Convention du 1er mars 1991 sur le marquage des explosifs plastiques et en feuilles aux fins de détection (avec annexe)

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0.748.710.4

Original text

Convention on the Marking of Plastic Explosives for the Purpose of Detection

Conclue in Montreal on 1 Er March 1991

Approved by the Federal Assembly on June 14, 1994 1

Instrument of ratification deposited by Switzerland on 3 April 1995

Entry into force for Switzerland on 21 June 1998

(State on 25 November 2015)

The States Parties to this Convention,

Awareness of the impact of acts of terrorism on global security,

Expressing their deep concern over acts of terrorism aimed at the total destruction of aircraft, other means of transport and other targets,

Concerned that plastic explosives and sheets have been used to carry out such acts of terrorism,

Whereas the marking of explosives for the purpose of detection would greatly contribute to the prevention of such illegal acts,

Recognizing that in order to prevent such illegal acts, it is necessary to establish an urgent international instrument obliging States to adopt measures to ensure that plastic explosives and sheets are properly marked,

Having regard to United Nations Security Council Resolution 635 of 14 June 1989, and to United Nations General Assembly Resolution 44/29 of 4 December 1989 urging the International Civil Aviation Organization Intensify its work to develop an international regime for the marking of plastic explosives or sheets for detection purposes,

Taking into account Resolution A27-8 adopted unanimously by the Assembly (27 E Session) of the International Civil Aviation Organization, which approved, by giving it the highest priority, the preparation of a new international instrument on the marking of plastic explosives or sheets for the purpose of Detection,

Noting with satisfaction the role played by the Council of the International Civil Aviation Organization in the preparation of the Convention and its willingness to assume the functions related to the implementation of the Convention,

Agreed to the following provisions:

Art. I

For the purposes of this Convention:

1.
"Explosives" means explosive products commonly referred to as "plastic explosives", including explosives in a flexible or elastic form, which are described in the Technical Annex to this Convention;
2.
"Detection agent" means a substance described in the Technical Annex to this Convention which is added to an explosive to make it detectable,
3.
"Marking" means the addition to an explosive of a detection agent in accordance with the technical annex to this Convention,
4.
"Manufacturing" means any process, including reprocessing, that results in the manufacture of explosives,
5.
"Duly authorized military equipment" includes, but is not limited to, shells, bombs, projectiles, mines, missiles, rockets, hollow loads, grenades and punches made exclusively for military or police purposes In accordance with the laws and regulations of the State Party concerned,
6.
"Producer State" means any State in whose territory explosives are manufactured.
Art. II

Each State Party shall take the necessary and effective measures to prohibit and prevent the manufacture on its territory of unmarked explosives.

Art. III

1. Each State Party shall take the necessary and effective measures to prohibit and prevent the entry into its territory or the exit of its territory of unmarked explosives.

2. The preceding paragraph shall not apply to travel, for purposes not contrary to the objectives of this Convention, by the authorities of a State Party carrying out military or police functions, unmarked explosives on which this State Party shall exercise control in accordance with paragraph 1. 1 of the art. IV.

Art. IV

(1) Each State Party shall take the necessary measures to exercise strict and effective control over the possession and exchange of unmarked explosives which have been manufactured or introduced on its territory before the entry into force of this Convention in respect of that State, to prevent them being diverted or used for purposes contrary to the objectives of this Convention.

(2) Each State Party shall take the necessary measures to ensure that all stockpiles of explosives referred to in para. 1 of this article which is not held by its authorities exercising military or police functions, shall be destroyed or used for purposes not contrary to the objectives of this Convention, marked or definitively rendered harmless, Within three years from the entry into force of this Convention in respect of that State.

(3) Each State Party shall take the necessary measures to ensure that all stockpiles of explosives referred to in para. 1 of this article which are held by its authorities exercising military or police functions and which are not incorporated as an integral part in duly authorized military vehicles, shall be destroyed or used for non-military purposes. Contrary to the objectives of this Convention, marked or definitively rendered harmless, within 15 years from the entry into force of this Convention in respect of that State.

(4) Each State Party shall take the necessary measures to ensure the destruction, as soon as possible within its territory, of unmarked explosives which may be discovered and which are not covered by the provisions of the preceding paragraphs of the Article, other than stocks of unmarked explosives held by its authorities exercising military or police functions and incorporated as an integral part in military vehicles duly authorized on the date of entry into force The present Convention in respect of that State.

5. Each State Party shall take the necessary measures to exercise strict and effective control over the possession and exchange of explosives referred to in s. II of 1 Re Part of the Technical Annex to this Convention to prevent them from being diverted or used for purposes contrary to the objectives of this Convention.

(6) Each State Party shall take the necessary measures to ensure the destruction, as soon as possible, on its territory of unmarked explosives manufactured since the entry into force of this Convention in respect of that State and which have not been Incorporated in the manner indicated in para. (d) para. II of 1 Re Part of the Technical Annex to this Convention, and unmarked explosives which are no longer covered by any other paragraph of that paragraph. II.

Art. V

1. It shall be established by this Convention an International Explosives Technical Commission (hereinafter referred to as "the Committee"), composed of at least fifteen members and not more than nineteen members appointed by the Council of the Organization of Aviation International civil society (hereinafter referred to as "the Council") among persons proposed by the States Parties to this Convention.

2. Members of the committee are experts with direct and substantial experience in the manufacture or detection of explosives, or in explosives research.

3. Members of the Committee shall be appointed for a period of three years and may be renewed in their terms of office.

4. The sessions of the Commission shall be convened at least once a year at the headquarters of the International Civil Aviation Organization or at the places and dates fixed or approved by the Council.

The Committee shall adopt its rules of procedure, subject to the approval of the Council.

Art. VI

The Commission assesses the technical evolution of the manufacture, marking and detection of explosives.

2. The Commission, through the Council, shall communicate its findings to the States Parties and interested international organisations.

3. If necessary, the Committee shall submit to the Council recommendations on amendments of the Technical Annex to this Convention. The Commission shall endeavour to make its decisions on these recommendations by consensus. In the absence of consensus, these decisions shall be taken by a two-thirds majority of the members of the committee.

The Council may, on the recommendation of the Committee, propose to the States Parties amendments to the Technical Annex to this Convention.

Art. VII

(1) Any State Party may, within ninety days from the date of notification of a proposal for amendment of the Technical Annex to this Convention, communicate its observations to the Council. The Council shall forward these observations to the committee as soon as possible for its consideration. The Council shall invite any State Party which makes comments or objections to the proposed amendment to be consulted by the Committee.

2. The Committee shall examine the opinions of the States Parties expressed in accordance with the preceding paragraph and shall report to the Council. The Council, after examining the report of the Committee, and taking into account the nature of the amendment and the observations of the States Parties, including the producing States, may propose the amendment to the adoption of all the States Parties.

3. If the proposed amendment has not been rejected by five or more States Parties by written notification to the Council within ninety days after the date of the notification of the amendment by the Council, it shall be deemed to have Adopted and shall enter into force one hundred and eighty days later or after any other period provided for in the proposed amendment for those States Parties which have not expressly rejected it.

4. States parties which have expressly rejected the proposed amendment may subsequently, by filing an instrument of acceptance or approval, express their consent in such a way as to be bound by the provisions of the amendment.

5. If five or more States Parties oppose the proposed amendment, the Council refers it to the Committee for further consideration.

6. If the proposed amendment was not adopted in accordance with para. 3 of this Article, the Council may also convene a conference of all States Parties.

Art. VIII

1. States Parties shall communicate to the Council, if possible, information that would assist the Commission in carrying out its functions under s. 1 of the art. VI.

The States Parties shall keep the Council informed of the measures they have taken to implement the provisions of this Convention. The Council shall communicate this information to all States Parties and interested international organizations.

Art. IX

The Council, in cooperation with the States Parties and interested international organizations, shall take appropriate measures to facilitate the implementation of this Convention, including the provision of technical assistance and measures Allowing for the exchange of information on the technical evolution of explosives marking and detection.

Art. X

The Technical Annex to this Convention shall form an integral part thereof.

Art. XI

1. Any dispute between the States Parties concerning the interpretation or application of this Convention which cannot be settled by negotiation shall be submitted to arbitration at the request of one of them. If, within six months after the date of the request for arbitration, the Parties fail to agree on the organization of the arbitration, any one of them may refer the dispute to the International Court of Justice, in Filing a request in accordance with the Statute of the Court.

(2) Each State Party may, at the time of signing, ratifying, accepting or approving this Convention or acceding to it, declare that it does not consider itself bound by the provisions of the preceding paragraph. The other States Parties shall not be bound by those provisions to any State Party which has made such a reservation.

(3) Any State Party which has made a reservation in accordance with the provisions of the preceding paragraph may at any time raise this reservation by notification addressed to the depositary.

Art. XII

Except in cases provided for in s. XI, no reservation may be made to this Convention.

Art. XIII

1. This Convention shall be open on 1 Er March 1991 in Montreal at the signing of the participating States at the International Air Law Conference held in Montreal from February 12 to 1 Er March 1991. After 1 Er March 1991, it shall be open for signature by all States at the headquarters of the International Civil Aviation Organization until it enters into force in accordance with par. 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 States. Instruments of ratification, acceptance, approval or accession shall be deposited with the International Civil Aviation Organization, which is hereby designated as depositary. By depositing its instrument of ratification, acceptance, approval or accession, each State declares whether or not it is a producing State.

(3) This Convention shall enter into force on the sixtieth day following the date of the deposit of the thirty-fifth instrument of ratification, acceptance, approval or accession with the depositary, provided that at least five of those States have Declared, in accordance with par. 2 of this Article, that they are producer states. If thirty-five instruments of ratification are deposited prior to the deposit of their instruments by five producing States, this Convention shall enter into force on the sixtieth day following the date of deposit of the instrument of ratification, acceptance, Approval or accession of the fifth producing State.

4. For other States, this Convention shall enter into force sixty days after the date of the deposit of their instruments of ratification, acceptance, approval or accession.

5. Upon entry into force, this Convention shall be registered by the depositary in accordance with the provisions of Art. 102 of the United Nations Charter 1 And in accordance with the provisions of Art. 83 of the Convention on International Civil Aviation 2 (Chicago, 1944).


Art. XIV

The depositary shall without delay notify all signatories and States Parties:

1.
Each signature of this Convention and the date of signature;
2.
Each deposit of an instrument of ratification, acceptance, approval or accession, as well as the date of the deposit, by expressly indicating whether the State has declared itself to be a producing State;
3.
The date of entry into force of this Convention;
4.
The date of entry into force of any amendment of this Convention or of its technical annex;
5.
Any denunciation made under s. XV
6.
Any declaration made under paragraph 2 of Art. XI.
Art. XV

1. Any State Party may denounce this Convention by written notification addressed to the depositary.

The denunciation shall take effect one hundred and eighty days after the date on which the notification has been received by the depositary.

In witness whereof, The undersigned Plenipotentiaries, duly authorized, have signed this Convention.

Done at Montréal, on the first day of March of the year thousand nine hundred and ninety-one, in an original copy including five texts being equally authentic, written in the English, French, Spanish, Russian and Arabic languages.

(Suivent signatures)

Technical Annex

1 Re Part Description of Explosives

I. Explosives referred to in s. 1 of the art. 1 of this Convention are those which:

(a)
Consist of one or more powerful explosives which, in their pure form, have a vapour pressure of less than 10 - 4 Pa at 25 ° C,
(b)
In their formulation, include a binder, and
(c)
Are, once mixed, malleable or flexible at the normal indoor temperature.

II. The following explosives, even if they respond to the description of the explosives that is given in s. I of this Part are not considered to be explosive as long as they continue to be held or used for the purposes mentioned below or remain incorporated in the manner indicated, namely explosives which:

(a)
Are manufactured, or held, in limited quantities for laboratory purposes only for the purposes of duly authorized research, development or testing of new or modified explosives;
(b)
Are manufactured, or held, in limited quantities for laboratory purposes only for the purposes of duly authorized activities for the detection of explosives and/or for the development or testing of explosives detection equipment;
(c)
Are manufactured, or held, in limited quantities for laboratory purposes only for duly authorized purposes of forensic science, or
(d)
Are intended to be incorporated or incorporated as an integral part in duly authorised military vehicles, within the territory of the State of manufacture, within three years of the entry into force of this Convention. Respect of the said State. The gear so produced during that three-year period shall be considered to be military vehicles duly authorized under s. 4 of Art. IV of this Convention.

III. In this Part:

-
By the expression "duly authorized" employed in paras. (a), (b) and (c) of s. II, it must be understood to be permissible under the laws and regulations of the State Party concerned;
-
The term "powerful explosives" includes cyclottetramethylene-tetranitramine (octogenic, HMX), pentaerythritol tetranitol (penthrite, PETN), and cyclotrimethylenetrinitramine (hexogen, RDX).

2 E Detect Agents Part

A detection agent is one of the substances listed in the table below. The detection agents described in the table below are intended to be used to make explosives more detectable by means of vapour detection. In each case, the introduction of an explosive detection agent is done in such a way as to achieve a homogeneous distribution in the finished product. The minimum concentration of a detection agent in the finished product at the time of manufacture is the one indicated in the table.

Table

Identification of the detection agent

Molecular formula

Molecular weight

Minimum Concentration

Ethylene glycol Dinitrate (EGDN)

C2H4 (NO3) 2

152

0.2 % by mass

2,3-Dimethyl-2,3-dinitrobutane (DMNB)

C6H12 (NO2) 2

176

0.1 % en masse

Para-Mononitrotoluene (p-MNT)

C7:7NO2

137

0.5 % mass

Ortho-Mononitrotoluene (o-MNT)

C7:7NO2

137

0.5 % mass

Any explosive which, by its natural composition, contains one of the detection agents designated at a concentration equal to or greater than the minimum required concentration, is considered to be marked.


Status November 25, 2015

Scope of application on 25 November 2015 2

States Parties

Ratification

Accession (A)

Entry into force

Afghanistan A

1 Er October

2003

30 November

2003

South Africa B

1 Er December

1999 A

30 January

2000

Albania A

20 October

2004 A

19 December

2004

Algeria * A

14 November

1996 A

21 June

1998

Germany B

17 December

1998

February 15

1999

Andorra * A

17 May

2006 A

July 16

2006

Antigua and Barbuda A

17 January

2011 A

18 March

2011

Saudi Arabia * a

July 11

1996 A

21 June

1998

Argentina B

8 March

1999

7 May

1999

Armenia * A

July 22

2005 A

September 20

2005

Australia B

26 June

2007 A

August 28

2007

Austria B

May 31

1999

July 30

1999

Azerbaijan A

4 July

2000 A

2 September

2000

Bahamas * A

21 May

2008 A

July 20

2008

Bahrain A

30 January

1996 A

21 June

1998

Bangladesh A

August 16

2005 A

15 October

2005

Barbados A

12 September

2002 A

11 November

2002

Belgium A

April 16

2007

15 June

2007

Belarus A

1 Er February

2002

7 April

2002

Benin A

30 March

2004 A

29 May

2004

Bhutan A

26 August

2005 A

25 October

2005

Bolivia A

1 Er February

2002

2 April

2002

Bosnia and Herzegovina B

3 May

2004 A

July 2

2004

Botswana A

19 September

2000 A

18 November

2000

Brazil * b

4 October

2001

3 December

2001

Brunei A

July 9

2009 A

7 September

2009

Bulgaria B

8 September

1999

7 November

1999

Burkina Faso A

7 July

2004 A

September 5

2004

Cameroon A

3 June

1998 A

2 August

1998

Canada B

29 November

1996

21 June

1998

Cape Verde A

4 November

2002 A

3 January

2003

Chile A

2 August

2000

1 Er October

2000

China

Hong Kong A C

22 March

2001

1 Er July

1997

Cyprus A

September 20

2002 A

19 November

2002

Colombia * A

September 30

2013

29 November

2013

Congo (Brazzaville) A

5 February

2015

April 6

2015

Korea (South) * B

2 January

2002

3 March

2002

Costa Rica A

17 July

2005

10 September

2005

Côte d' Ivoire A

13 October

2015

12 December

2015

Croatia A

24 February

2005 A

April 25

2005

Cuba * A

30 November

2001 A

29 January

2002

Denmark A D

5 October

1998

4 December

1998

Djibouti A

11 June

2004 A

10 August

2004

Egypt A

19 July

1993

21 June

1998

El Salvador A

18 February

2000 A

18 April

2000

United Arab Emirates A

21 December

1992 A

21 June

1998

Ecuador A

15 December

1995

21 June

1998

Eritrea A

1 Er December

1994 A

21 June

1998

Spain B

May 31

1994

21 June

1998

Estonia A

March 5

1996 A

21 June

1998

United States B

April 9

1997

21 June

1998

Fiji A

July 11

2008 A

10 September

2008

Finland B

5 December

2001

3 February

2002

France B

21 May

1997

21 June

1998

Gambia A

20 June

2000 A

19 August

2000

Georgia A

April 25

2000 A

24 June

2000

Ghana A

22 April

1998

21 June

1998

Greece B

30 October

1995

21 June

1998

Grenada A

15 January

2002 A

March 16

2002

Guatemala A

26 November

1997 A

21 June

1998

Guinea A

23 January

2004

23 March

2004

Guyana A

13 December

2007 A

February 11

2008

Honduras * A

18 February

2004

18 April

2004

Hungary A

11 January

1994

21 June

1998

Marshall Islands A

February 6

2003 A

7 April

2003

India * b

16 November

1999 A

15 January

2000

Iraq A

April 11

2014 A

10 June

2014

Ireland A

July 15

2003 A

13 September

2003

Iceland A

24 May

2002 A

July 23

2002

Italy A

26 September

2002 A

25 November

2002

Jamaica A

August 18

2005 A

17 October

2005

Japan B

26 September

1997 A

21 June

1998

Jordan A

23 May

1996

21 June

1998

Kazakhstan A

18 May

1995 A

21 June

1998

Kenya A

22 October

2002 A

21 December

2002

Kyrgyzstan A

July 14

2000 A

12 September

2000

Kuwait A

18 March

1996

21 June

1998

Lesotho A

10 November

2009 A

9 January

2010

Latvia A

August 17

1999 A

October 16

1999

Lebanon A

26 November

1997

21 June

1998

Libya A

10 October

2002 A

9 December

2002

Liechtenstein A

4 December

2002 A

2 February

2003

Lithuania A

21 November

1996 A

21 June

1998

Luxembourg A

6 November

2006 A

5 January

2007

Macedonia A

21 September

1998 A

20 November

1998

Madagascar A

December 23

2003

21 February

2004

Malaysia * A

27 November

2007 A

26 January

2008

Malawi A

March 31

2014 A

30 May

2014

Maldives A

22 March

1999 A

21 May

1999

Mali A

28 September

2000

27 November

2000

Malta A

15 November

1994 A

21 June

1998

Morocco A

26 May

1999 A

July 25

1999

Mauritania A

24 May

2011 A

July 22

2011

Mexico A

April 9

1992

21 June

1998

Moldova A

1 Er December

1997 A

21 June

1998

Monaco A

14 May

1998 A

July 13

1998

Mongolia A

22 September

1999 A

21 November

1999

Mozambique * A

15 March

2006 A

14 May

2006

Myanmar * A

1 Er September

2004 A

October 31

2004

Nauru A

3 April

2006 A

2 June

2006

Nicaragua A

10 January

2006

March 11

2006

Niger A

6 March

2009 A

6 May

2009

Nigeria A

10 May

2002 A

July 9

2002

Niue A

1 Er December

2009 A

30 January

2010

Norway B

July 9

1992

21 June

1998

New Zealand A E

19 December

2003

17 February

2004

Oman A

13 December

2001 A

February 11

2002

Uganda A

July 2

2004 A

August 31

2004

Uzbekistan A

9 June

1999 A

8 August

1999

Palau A

30 November

2001 A

29 January

2002

Panama A

12 April

1996 A

21 June

1998

Paraguay

15 October

2004 A

14 December

2004

Netherlands A F

4 May

1998

3 July

1998

Aruba

30 November

2005

30 November

2005

Caribbean (Bonaire, Sint Eustatius and Saba)

10 October

2010

10 October

2010

Peru *

7 February

1996

21 June

1998

Philippines A

17 December

2003

February 15

2004

Poland B

26 September

2006 A

25 November

2006

Portugal A

9 October

2002 A

8 December

2002

Qatar A

9 November

1998 A

8 January

1999

Dominican Republic A

9 May

2011 A

7 July

2011

Czech Republic B

25 March

1993 S

21 June

1998

Romania A

21 September

1998 A

20 November

1998

United Kingdom B

28 April

1997

21 June

1998

Guernsey

August 31

1999

30 October

1999

Isle of Man

August 31

1999

30 October

1999

Cayman Islands

August 31

1999

30 October

1999

Falkland Islands

August 31

1999

30 October

1999

British Virgin Islands

27 November

2000

26 January

2001

Jersey

August 31

1999

30 October

1999

Montserrat

August 31

1999

30 October

1999

Russia B

19 September

2007

18 November

2007

Saint Kitts and Nevis A

9 May

2002 A

July 8

2002

San Marino A

16 December

2014 A

February 14

2015

Saint Vincent and the Grenadines * A

July 14

2010 A

12 September

2010

Samoa A

July 9

1998 A

7 September

1998

Senegal A

February 11

2004

April 11

2004

Serbia A

22 June

2006 A

August 21

2006

Seychelles A

August 14

2003 A

13 October

2003

Singapore A

20 January

2003 A

21 March

2003

Slovakia B

20 March

1995 S

21 June

1998

Slovenia A

5 June

2000 A

August 4

2000

Sudan A

25 May

2000 A

24 July

2000

Sri Lanka A

11 October

2001 A

10 December

2001

Sweden B

5 April

2007

4 June

2007

Switzerland B

3 April

1995

21 June

1998

Suriname A

March 27

2003 A

26 May

2003

Swaziland A

13 May

2003 A

July 12

2003

Syria * a

29 September

2004

28 November

2004

Tajikistan A

18 July

2006 A

16 September

2006

Tanzania A

February 11

2003 A

12 April

2003

Thailand * A

25 January

2006 A

26 March

2006

Togo A

July 22

2003

September 20

2003

Tonga A

10 December

2002 A

February 8

2003

Trinidad and Tobago A

3 April

2001 A

2 June

2001

Tunisia A

28 May

1997 A

21 June

1998

Turkmenistan A

14 January

2005 A

March 16

2005

Turkey *

14 December

2004

21 June

1998

Ukraine A

18 March

1999

17 May

1999

Uruguay A

14 June

2001 A

13 August

2001

Vanuatu A

25 January

2006 A

26 March

2006

Yemen * A

4 July

2007 A

2 September

2007

Zambia B

May 31

1995 A

21 June

1998

*
Reservations and declarations.
Reservations and declarations are not published in the RO. English texts can be found at the website of the International Civil Aviation Organization (ICAO): www.icao.int/secretariat/legal/pages/fr/individualStates_FR.aspx or obtained at the Directorate of International Law Public (DDIP), International Treaty Section, 3003 Berne.
A
The State Party shall declare, in accordance with para. 2 of the art. XIII of the Convention, that it is not a producer state.
B
The State Party shall declare, in accordance with para. 2 of the art. XIII of the Convention, that it is a producing State.
C
Pursuant to a declaration by the People's Republic of China of 22 March 2001, the Convention is applicable to the Hong Kong Special Administrative Region (SAR) from 1 July 1997.
D
The Convention is not applicable to the Faroe Islands.
E
The Convention is not applicable to Tokelau.

F For the Kingdom in Europe.


RO 2002 3546 ; FF 1993 IV 390


1 RO 2002 3545
2 RO 2002 3555 , 2004 1183, 2005 1615 5005, 2006 3581, 2008 21, 2009 2551, 2012 395, 2015 5995. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status November 25, 2015