Статус Конвенции о маркировке пластических взрывчатых веществ в целях их обнаружения (Монреаль, 1 марта 1991 года) [рус., англ.]

[неофициальный перевод]

СТАТУС КОНВЕНЦИИ О МАРКИРОВКЕ ПЛАСТИЧЕСКИХ ВЗРЫВЧАТЫХ ВЕЩЕСТВ В ЦЕЛЯХ ИХ ОБНАРУЖЕНИЯ (МОНРЕАЛЬ, 1 МАРТА 1991 ГОДА)

(последние изменения произошли 4 октября 2019 года)

Вступление в силу: 21.06.1998

CONVENTION ON THE MARKING OF PLASTIC EXPLOSIVES FOR THE PURPOSE OF DETECTION Done at Montreal on 1 March 1991

Entry into force: 21.06.1998.

Status: 156 Parties.

<1> Reservation: Does not consider itself bound by Article XI, paragraph 1, of the Convention.

<2> Declaration, in accordance with Article XIII, paragraph 2, of the Convention, that it is a producer State.

<3> Declaration, in accordance with Article XIII, paragraph 2, of the Convention, that it is not a producer State.

<4> By a Note dated 8 March 1993, received on 25 March 1993, the Government of the Czech Republic informed the International Civil Aviation Organization that, as a successor State created as a result of the dissolution of the Czech and Slovak Federal Republic, it considered itself bound, as of 1 January 1993, by the Convention. The declaration made by the former Czech and Slovak Federal Republic in accordance with Article XIII, paragraph 2, thereof continues in force for the Czech Republic (see footnote 2).

<5> The Government of Denmark made the following reservation at the time of ratification of the Convention: «Until later decision, the Convention will not be applied to the Faroe Islands.»

<6> Reservation: The Kingdom of Saudi Arabia is not bound by Paragraph 1 of Article XI, except with an explicit declaration on its part and on a case by case basis.

<7> By a Note dated 16 February 1995, received on 20 March 1995, the Government of the Slovak Republic informed the International Civil Aviation Organization that, as a successor State, born from the dissolution of the Czech and Slovak Federal Republic, it considered itself bound, as of 1 January 1993, by the Convention. The declaration made by the former Czech and Slovak Federal Republic in accordance with Article XIII, paragraph 2, thereof continues in force for the Slovak Republic (see footnote 2).

<8> Ratification by the United Kingdom was in respect of the United Kingdom of Great Britain and Northern Ireland and Hong Kong.

Statement issued by the Government of the United Kingdom of Great Britain and Northern Ireland, dated 18 June 1997:

«...in accordance with the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the Question of Hong Kong, signed on 19 December 1984, the Government of the United Kingdom will restore Hong Kong to the Peoples Republic of China with effect from 1 July 1997. The Government of the United Kingdom will continue to have international responsibility for Hong Kong until that date. Therefore, from that date the Government of the United Kingdom will cease to be responsible for the international rights and obligations arising from the application of the Convention to Hong Kong.»

On 31 August 1999 the Government of the United Kingdom extended ratification of this Convention to the Bailiwick of Guernsey, the Bailiwick of Jersey, the Isle of Man, the Cayman Islands, the Falkland Islands and Montserrat, with effect from 30 October 1999.

On 27 November 2000 the Government of the United Kingdom extended ratification of this Convention to the British Virgin Islands, with effect from 26 January 2001.

<9> By a Note dated 20 March 2001, received on 22 March 2001, the Government of the People's Republic of China informed the International Civil Aviation Organization of the following with regard to the application of the Convention to the Hong Kong Special Administrative Region of the People's Republic of China:

«In accordance with Section 11, Appendix 1 of the Joint Declaration of the People's Republic of China and the United Kingdom of the Great Britain and Northern Ireland and Article 153 of the Basic Law of the Hong Kong Administrative Region of the People's Republic of China, international agreements to which the People's Republic of China is not a party but which are implemented in Hong Kong may continue to be implemented in the Hong Kong Special Administrative Region. In view of this, the above-mentioned Convention remains to be applicable to Hong Kong Special Administrative Region after July 1, 1997. Meanwhile, according to Article 3 of the Convention, the Government of the People's Republic of China also wishes to make the following declaration: The Hong Kong Special Administrative Region is not a producer region of plastic explosives.»

Within the above ambit, responsibility for the international rights and obligations of a party to the Convention will be assumed by the People's Republic of China.»

<10> In its instrument of accession, the Government of New Zealand declared that «this ratification shall not extend to Tokelau unless and until a Declaration to this effect is lodged by the Government of New Zealand with the Depositary on the basis of appropriate consultation with that territory.»

<11> The instrument of accession by the Government of the Syrian Arab Republic contains the following reservation: «The accession of the Syrian Arab Republic to the said convention shall in no way imply recognition of Israel and consequently shall not involve entering with it into any dealing governed by the provisions of the convention.»

<12> Reservation: Armenia does not consider itself bound by the second sentence of Article XI, paragraph 1, of the Convention.

<13> The instrument of acceptance deposited by the Kingdom of the Netherlands on 4 May 1998 was for the Kingdom in Europe. The instrument was accompanied by a declaration in accordance with Article XIII, paragraph 2, of the Convention, that the Kingdom of the Netherlands is not a producer State.

On 30 November 2005, an instrument of acceptance was deposited by the Kingdom of the Netherlands for Aruba, with a declaration that Aruba is not a producer of plastic explosives. The Convention became applicable to Aruba on 30 November 2005.

By a Note dated 6 October 2010, deposited on 19 October 2010, the Kingdom of the Netherlands extended the Convention to the Caribbean part of the Netherlands (Bonaire, Sint Eustatius and Saba) with effect from 10 October 2010.

By a note dated 31 August 2011, deposited on 9 September 2011, the Kingdom of the Netherlands advised that, following a modification in the structure of the Kingdom of the Netherlands effective from 10 October 2010, the declaration was confirmed for the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba) and remains valid for the European part of the Netherlands and Aruba.

<14> Reservation: the Kingdom of Thailand is not bound by paragraph 1 of Article XI, except with an explicit declaration on its part and on a case by case basis.

<15> Reservation: «The Republic of Mozambique does not consider itself bound by the provisions of Article XI, paragraph 1 of the Convention. In this connection, the Republic of Mozambique states that, in each individual case, the consent of all Parties to such a dispute is necessary for the submission of the dispute to arbitration or to the International Court of Justice.»

<16> The instrument of accession by the Government of Andorra contains the following «declarations»:

«A. Pursuant to paragraph 2 of Article XIII of the Convention on the Marking of Plastic Explosives for the Purpose of Detection, the Principality of Andorra declares that it is not a producer State of plastic explosives.»

B. The Principality of Andorra declares that it does not presently have the necessary infrastructures to exercise an effective control over imported explosives. However, the Principality of Andorra undertakes to purchase explosives from States Parties to the Convention on the Marking of Plastic Explosives for the Purpose of Detection in such a way that the explosives have already been the subject of a control in the countries of origin or transit.»

The instrument of accession was accompanied by a Note from the Embassy of the Principality of Andorra to Canada which stated that the declarations contained in the instrument were «exclusively explanatory, since the Andorran State has undertaken to implement all the provisions of the Convention in all their scope».

<17> The instrument of ratification (constituting accession) was signed on 1 April 2006 by the President of Serbia and Montenegro and contained a declaration pursuant to paragraph 2 of Article XIII that Serbia and Montenegro is not a producer State of plastic explosives.

Following the Declaration of Independence adopted by the National Assembly of Montenegro on 3 June 2006, the Republic of Serbia advised ICAO by a note dated 13 July 2006 that it continues to exercise its rights and honour its commitments deriving from international treaties concluded by Serbia and Montenegro and requests that the Republic of Serbia be considered a party to all international agreements in force, instead of Serbia and Montenegro.

<18> The instrument of accession by the Government of Malaysia contains the following:

«1. The Government of Malaysia declares, pursuant to Article XIII, paragraph 2 of the Convention that Malaysia is not at the present time a producer State.»

2. (a) Pursuant to Article XI, paragraph 2 of the Convention, the Government of Malaysia declares that it does not consider itself bound by Article XI, paragraph 1 of the Convention; and

(b) the Government of Malaysia reserves the right specifically to agree in a particular case to follow the arbitration procedure set forth in Article XI, paragraph 1 of the Convention or any other procedure for arbitration.»

<19> The instrument of accession by the Government of the Bahamas contains the following reservation:

«In accordance with paragraph 2 of Article 11, the Commonwealth of The Bahamas does not consider itself bound by any of the arbitration procedures established under Article 11 paragraph 1 on the basis that referral of a dispute concerning the application or interpretation of the provisions of the Convention to arbitration or to the International Court must be by the consent of all of the parties to the dispute».

<20> The instrument of accession by the Government of Saint Vincent and the Grenadines contains the following:

«...in accordance with Article XI, paragraph 2, of the Convention, the Government of Saint Vincent and the Grenadines declares that Saint Vincent and the Grenadines does not consider itself bound by Article XI, paragraph 1, of the Convention. The Government of Saint Vincent and the Grenadines considers that, in each individual case, explicit consent of the Government of Saint Vincent and the Grenadines would be necessary for the submission of any dispute to arbitration or to the International Court of Justice.»

<21> The instrument of ratification by the Government of Colombia contains the following declarations:

«1. In accordance with Article VII of the Convention, to the effect that even if the proposed amendment has not been objected to by Colombia by means of written notification to the Council within ninety (90) days from the date of notification of the amendment by the Council, the amendment shall be deemed to have been adopted by and shall enter into force in Colombia only following the internal approval and review process for such amendments prior to their ratification, as established in Article 150, Number 16, and Article 241, number 10 of the Political Constitution of Colombia.» Further to a request from the Depositary, on 2 August 2013 the Government of Colombia provided the following clarification: «...any objection to the proposed amendments to the Convention would be conveyed by means of an express statement to that effect. Accordingly, Colombia should not be considered a priori as an objecting State Party to all of the proposed amendments to the Convention in question.»

2. In accordance with Article XIII, paragraph 2 of the Convention, Colombia declares that it is not a producer State.»

<22> Declaration, in accordance with Article XIII, paragraph 2, of the Convention, that it is not a producer State.

<23> Declaration, in accordance with Article XIII, paragraph 2, of the Convention, that it is not a producer State.

<24> On 8 April 2016, the Government of Argentina made the following communication:

«I have the honour to address the Secretary General of the International Civil Aviation Organization (ICAO), since ICAO is the depositary for the „Convention on the Marking of Plastic Explosives for the Purpose of Detection“, signed at Montreal on 1 March 1991, with reference to the letter from the United Kingdom of Great Britain and Northern Ireland dated 31 August 1999, regarding its intention to apply this Convention to the Malvinas Islands, which was submitted after this instrument had been ratified by the Argentine Republic.»

The Argentine Government recalls that the Malvinas Islands, South Georgia and the South Sandwich Islands and the surrounding maritime areas are an integral part of the national territory of the Argentine Republic and that, as they are illegally occupied by the United Kingdom of Great Britain and Northern Ireland, they are the subject of a sovereignty dispute between both countries, which is recognized by the United Nations and other international organizations.

The United Nations General Assembly has adopted Resolutions 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21 and 43/25 thereon, which recognize the existence of a sovereignty dispute referred as the «Malvinas Question» and urge the Governments of the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland to resume negotiations in order to reach a peaceful and lasting solution to the dispute as soon as possible. The UN Special Committee on Decolonization has repeatedly made similar statements, most recently in the Resolution adopted on 25 June 2015. Furthermore, the General Assembly of the Organization of American States adopted a new Declaration on this question in similar terms on 16 June 2015.