Key Benefits:
Original text
(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:
For the purposes of this Convention:
Each State Party shall take the necessary and effective measures to prohibit and prevent the manufacture on its territory of unmarked explosives.
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.
(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.
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.
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.
(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.
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.
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.
The Technical Annex to this Convention shall form an integral part thereof.
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.
Except in cases provided for in s. XI, no reservation may be made to this Convention.
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).
The depositary shall without delay notify all signatories and States Parties:
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)
I. Explosives referred to in s. 1 of the art. 1 of this Convention are those which:
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:
III. In this 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.
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 |
||||
|
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 |
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F For the Kingdom in Europe. |
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).