–
2,3-Dimethyl-2,3-dinitrobutane (DMNB)
–
para-Mononitrotoluene(p-MNT) – ortho-Mononitrotoluene(o-MNT)
645C-WP/9209, Restricted. 646The Ad Hoc Group of Specialists concluded after its 4th meeting, that all four additives which had been selected earlier, should be included in the Technical Annex. As the compounds meet the same criteria in respect of detectability and useability, their mutual inclusion may offer producer States some .exibility in selecting a particular additive.
IV. International Explosives Technical Commission
The Convention provides in Article V for the establishment of an International Explosives Technical Commission (IETC), which is to evaluate the technical developments relating to the manufacture, marking and detection of explosives. The Commission shallalso make recommendations to the Council for amendments to the Technical Annex. (Article VI)
The Conference decided to put the membership of the Commission at no less than 15 and no more than 19 members, who will be appointed by the ICAO Council from among persons nominated by States parties to the Convention.647
In the discussions on this subject it was reaf.rmed that the Council in its appointment policy would be guided by the need for the presence of experts from both producer and user countries, while the long standing ICAO principle of equitable geographical representation would also be applied. Para 5 of Article V stipulates that the Commission shall adopt its rules of procedure, subject to the approval of the Council.
The amending procedure of the Annex in the Legal Committee draft was upheld by the Conference.648 Consequently, Article VIIprovides for an exhaustive consul-tation procedure on proposed amendments of the Technical Annex: States Parties would be noti.ed of a proposed amendment and invited to communicate their views; after consideration of the comments the Council would formally propose the amendment to all States within 90 days, the Amendment would be deemed to have been adopted and would enter into force after 180 days or after such period as speci.ed in the proposed amendment.
If .ve or more States Parties have objected to the proposed amendment, the proposal will be referred back to the IETC for further consideration. In such a situation the Council may also decide to convene a conference of all States Parties.
Anew Article VIII invited States Parties to provide the Councilwith information that would assist the IETC in its work and to keep the Councilinformed of measures they have taken to implement the provisions of the Convention. The Council in its turn is to communicate such information to all States Parties and international organizations concerned.
The Conference took the decision to insert a new Article IX which is directed at facilitating the implementation of the Convention. The Council of ICAO shall, in co-operation with States Parties and International Organizations concerned, take
647The Conference found an analogy with Article 56 of the Chicago Convention which deals with the composition of the Air Navigation Commission – the most important advisory body to the ICAO Council. Its present membership is limited to 15, but a decision was taken by the 27th ICAO Assembly to amend Article 56 in order to increase its membership to 19. The amendment will require 108 rati.cations for its entry into force.
648Proposalsby severalDelegationstointroduceintheConvention, expressis verbis, the possibility to amend the Convention itself were decided against by the Conference in the understanding that the main body of the Convention could be amended in the manner provided for and codi.ed in the Vienna Convention on the Law of Treaties.
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