Aviation Security Law 航空安全法(190)

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consume, destroy, mark or render permanently ineffective within a period of
15 years only those military or police stocks which are not permanently incorporated in duly authorized military devices, in other words, the bulk, raw stock of unmarked plastic explosives.
Another modi.cation included the addition of three new paragraphs to Article IV as a result of a change in the Technical Annex. During its fourth meeting, from 26 to 30 November in Montreal, the Ad Hoc Group of Specialists concluded, that it was necessary to exclude in certain cases unmarked plastic explosives need to be manufactured or held for research and development, testing and training and forensic science purposes. This has been effected, in the Annex, by excluding them from the de.nition of explosives referred to in Article 1, paragraph 1 of the Convention.
As a consequence and in order not to create a possible loophole in the Conven-tion, the obligation for States to exercise strict and effective control over these exempted explosives and to destroy them when they are no longer used for those purposes has been added in Article IV.
III. Technical Annex
One of the dif.culties facing the Conference (and the other preparatorybodies) was the fact that the issue at hand was a complicated one. Not only the ‘visual’ legal and political problems associated with international instruments aiming at preventing certain criminal activities arose, but parties were also confronted by new, highly technical problems such as the development of detection techniques, chemical additives and marking methods.
It may be assumed that the ICAO Council and the 27th Assembly foresaw in the new Convention an instrument with two major components:
1.
Strict obligations for States with regard to unmarked plastic explosivespending the eventual extinction of those forms of plastic explosives

2.
Strict technical rules on the detectability of plastic explosives through obligatory marking techniques

From the beginning, these conditions led to a twofold, almost completely separated approach. On the one hand the customary ICOA sequence of rapporteur, Subcommittee, Legal Committee prepared essentially the legal part of he desired international instrument, solving questions and .nding solutions on issues like transport and possession of legal and illegal unmarked explosives, depletion of existing military and civil stocks, States obligations, enforcement and international penal aspects, etc.
On the other hand, the Ad Hoc Group of Specialists already established by the Council on 30 January 1989, set out to .nd one or more acceptable methods of marking plastic explosives for the purpose of detection. This was not an easy task, as a acceptable has many connotations in the .eld of safe handling and production,
G. A New Convention on the Marking of Plastic Explosives 259
effectiveness of the proper explosive an of course effective and reliable detection. As a result of its work, culminating in four meetings in Montrealthe Ad Hoc Group presented the Councilon3 December 1990 with its product,645 which containeda proposal for the Annex to the Conventions.
When the two products were joined together by the Conference, there were some anxious moments. Due to amendments proposed by a number of Delegations, the Annex appeared to be developing into a something with the appearance of a mini-convention, where, e.g., directives and obligations towards States Parties were for-mulated.Thisprocess was unacceptabletootherDelegations,whostressedthe need forstraightforwardtechnicalAnnex.After somefrantic redraftinga compromise was reached and parts of the proposed draft Annex were relocated in Article IV.
The Conference further decided to refer to the Annex as ‘Technical Annex’ so as to underline its essentially technical nature. A new Article X was added to the Convention, stipulatingthat the Annex shallform an integral part ofthe Convention. The legal status of the Annex to the Convention had already been the subject of lengthy discussions in the Legal Sub-committee, Legal Committee and Council. It had been conceived as anintegral part of the Convention.Because of its nature and purpose, the Convention would be meaningless and indeed could not exist without the Annex. Therefore it must be subject to the same consensus as the Convention itself at the time of its adoption. On the other hand, the Annex had been given a specialstatusinArticleVII with respecttoits amendment.TheLegalSub-committee and Legal Committee had realised, that the Annex would contain strictly technical provisions which were subject to evolution and which might require adjustments to be made promptly and with greater .exibility than would be possible under the traditional procedure of amending the Convention through a diplomatic conference.
　
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