Resolução da Assembleia da República n.º 113/2010, de 26 de Outubro de 2010

Assembleia da República n. 113/2010, em 16 de Julho de 2010.

Assinado em 15 de Outubro de 2010.

Publique-se.

O Presidente da República, ANÍBAL CAVACO SILVA.

Referendado em 20 de Outubro de 2010.

O Primeiro -Ministro, José Sócrates Carvalho Pinto de Sousa.

ASSEMBLEIA DA REPÚBLICA

Resoluçáo da Assembleia da República n. 113/2010

Aprova as Emendas à Convençáo sobre a Protecçáo Física dos Materiais Nucleares, adoptada em Viena em 8 de Julho de 2005

A Assembleia da República resolve, nos termos da alínea i) do artigo 161. e do n. 5 do artigo 166. da Constituiçáo, aprovar as Emendas à Convençáo sobre a Protecçáo Física dos Materiais Nucleares, adoptada em Viena em 8 de Julho de 2005, cujo texto, na versáo autenticada na língua inglesa, bem como a respectiva traduçáo para língua portuguesa, se publica em anexo.

Aprovada em 16 de Julho de 2010.

O Presidente da Assembleia da República, Jaime Gama.

AMENDMENT TO THE CONVENTION ON THE PHYSICAL PROTECTION OF NUCLEAR MATERIAL

1 - The title of the Convention on the Physical Protection of Nuclear Material adopted on 26 October 1979

(hereinafter referred to as «the Convention») is replaced by the following title:

Convention on the Physical Protection of Nuclear Material and Nuclear Facilities

2 - The preamble of the Convention is replaced by the following text:

The States Parties to this Convention:

Recognizing the right of all States to develop and apply nuclear energy for peaceful purposes and their legitimate interests in the potential benefits to be derived from the peaceful application of nuclear energy;

Convinced of the need to facilitate international co-operation and the transfer of nuclear technology for the peaceful application of nuclear energy;

Bearing in mind that physical protection is of vital importance for the protection of public health, safety, the environment and national and international security;

Having in mind the purposes and principles of the Charter of the United Nations concerning the maintenance of international peace and security and the promotion of good -neighbourliness and friendly relations and co -operation among States;

Considering that under the terms of paragraph 4 of article 2 of the Charter of the United Nations, «All members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the United Nations»;

Recalling the Declaration on Measures to Eliminate International Terrorism, annexed to General Assembly Resolution 49/60 of 9 December 1994;

Desiring to avert the potential dangers posed by illicit trafficking, the unlawful taking and use of nuclear material and the sabotage of nuclear material and nuclear facilities, and noting that physical protection against such acts has become a matter of increased national and international concern;

Deeply concerned by the worldwide escalation of acts of terrorism in all its forms and manifestations, and by the threats posed by international terrorism and organized crime;

Believing that physical protection plays an important role in supporting nuclear non -proliferation and counter--terrorism objectives;

Desiring through this Convention to contribute to strengthening worldwide the physical protection of nuclear material and nuclear facilities used for peaceful purposes;

Convinced that offences relating to nuclear material and nuclear facilities are a matter of grave concern and that there is an urgent need to adopt appropriate and effective measures, or to strengthen existing measures, to ensure the prevention, detection and punishment of such offences;

Desiring to strengthen further international co-operation to establish, in conformity with the national law of each State Party and with this Convention, effective measures for the physical protection of nuclear material and nuclear facilities;

Convinced that this Convention should complement the safe use, storage and transport of nuclear material and the safe operation of nuclear facilities;Recognizing that there are internationally formulated physical protection recommendations that are updated from time to time which can provide guidance on contemporary means of achieving effective levels of physical protection;

Recognizing also that effective physical protection of nuclear material and nuclear facilities used for military purposes is a responsibility of the State possessing such nuclear material and nuclear facilities, and understanding that such material and facilities are and will continue to be accorded stringent physical protection:

have agreed as follows:

3 - In article 1 of the Convention, after paragraph c), two new paragraphs are added as follows:

d) 'Nuclear facility' means a facility (including associated buildings and equipment) in which nuclear material is produced, processed, used, handled, stored or disposed of, if damage to or interference with such facility could lead to the release of significant amounts of radiation or radioactive material;

e) 'Sabotage' means any deliberate act directed against a nuclear facility or nuclear material in use, storage or transport which could directly or indirectly endanger the health and safety of personnel, the public or the environment by exposure to radiation or release of radioactive substances.

4 - After article 1 of the Convention, a new article 1A is added as follows:

Article 1A

The purposes of this Convention are to achieve and maintain worldwide effective physical protection of nuclear material used for peaceful purposes and of nuclear facilities used for peaceful purposes; to prevent and combat offences relating to such material and facilities worldwide; as well as to facilitate co -operation among States Parties to those ends.

5 - Article 2 of the Convention is replaced by the following text:

1 - This Convention shall apply to nuclear material used for peaceful purposes in use, storage and transport and to nuclear facilities used for peaceful purposes, provided, however, that articles 3 and 4 and paragraph 4 of article 5 of this Convention shall only apply to such nuclear material while in international nuclear transport.

2 - The responsibility for the establishment, implementation and maintenance of a physical protection regime within a State Party rests entirely with that State.

3 - Apart from the commitments expressly undertaken by States Parties under this Convention, nothing in this Convention shall be interpreted as affecting the sovereign rights of a State.

4 -

a) Nothing in this Convention shall affect other rights, obligations and responsibilities of States Parties under international law, in particular the purposes and principles of the Charter of the United Nations and international humanitarian law.

b) The activities of armed forces during an armed conflict, as those terms are understood under international humanitarian law, which are governed by that law, are not governed by this Convention, and the activities undertaken by the military forces of a State in the exercise of their official duties, inasmuch as they are governed by other rules of international law, are not governed by this Convention.

c) Nothing in this Convention shall be construed as a lawful authorization to use or threaten to use force against nuclear material or nuclear facilities used for peaceful purposes.

d) Nothing in this Convention condones or makes lawful otherwise unlawful acts, nor precludes prosecution under other laws.

5 - This Convention shall not apply to nuclear material used or retained for military purposes or to a nuclear facility containing such material.

6 - After article 2 of the Convention, a new article 2A is added as follows:

Article 2A

1 - Each State Party shall establish, implement and maintain an appropriate physical protection regime applicable to nuclear material and nuclear facilities under its jurisdiction, with the aim of:

a) Protecting against theft and other unlawful taking of nuclear material in use, storage and transport;

b) Ensuring the implementation of rapid and comprehensive measures to locate and, where appropriate, recover missing or stolen nuclear material; when the material is located outside its territory, that State Party shall act in accordance with article 5;

c) Protecting nuclear material and nuclear facilities against sabotage; and, d) Mitigating or minimizing the radiological consequences of sabotage.

2 - In implementing paragraph 1, each State Party shall:

a) Establish and maintain a legislative and regulatory framework to govern physical protection;

b) Establish or designate a competent authority or authorities responsible for the implementation of the legislative and regulatory framework; and c) Take other appropriate measures necessary for the physical protection of nuclear material and nuclear facilities.

3 - In implementing the obligations under paragraphs 1 and 2, each State Party shall, without prejudice to any other provisions of this Convention, apply insofar as is reasonable and practicable the following fundamental principles of Physical Protection of Nuclear Material and Nuclear Facilities:

Fundamental principle A: Responsibility of the State:

The responsibility for the establishment, implementation and maintenance of a physical protection regime within a State rests entirely with that State.

4838 Fundamental principle B: Responsibilities during international transport:

The responsibility of a State for ensuring that nuclear material is adequately protected extends to the international transport thereof, until that responsibility is properly transferred to another State, as appropriate.

Fundamental principle C: Legislative and regulatory framework:

The State is responsible for establishing and maintaining a legislative and regulatory framework to govern physical protection. This framework should provide for the establishment of applicable physical protection...

Para continuar a ler

PEÇA SUA AVALIAÇÃO

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT