CONVENTION ON THE PROHIBITION OF THE USE, STOCKPILING, PRODUCTION AND TRANSFER OF ANTI-PERSONNEL MINES

PERSONNEL MINES AND THEIR DESTRUCTION

SUBSIDIARY LEGISLATION 653.01

CONVENTION ON THE PROHIBITION OF THE

USE, STOCKPILING, PRODUCTION AND

TRANSFER OF ANTI-PERSONNEL MINES

AND THEIR DESTRUCTION REGULATIONS

27th April, 2001

LEGAL NOTICE 97 of 2001, as amended by Legal Notice 425 of 2007.

The title of these regulations is the Convention on the

Prohibition of the Use, Stockpiling, Production and Transfer of

Anti-Personnel Mines and their Destruction Regulations.

Regulation 3(1)

MINISTRY OF FOREIGN AFFAIRS

MALTA

9th February, 2001

The Minister of Foreign Affairs proposes that the House of Representatives,

Having considered that on 4 December, 1997 Malta signed the Convention on the

Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel

Mines and their Destruction at Ottawa, Canada;

Having considered that on ratifying this Convention, Malta would join one

hundred and ten countries which have ratified this Convention and thus would form

part of the will expressed by the international community towards a world free from

the scourge of landmines;

Having considered the Ratification of Treaties Act (Cap. 304) and article 3(2) of

the National Interest (Enabling Powers) Act, (Cap. 365);

Resolves to authorise the ratification of the Convention on the Prohibition of the

Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and their

Destruction.

(sgd.) Jog Borg

PERSONNEL MINES AND THEIR DESTRUCTION

In these regulations, unless the context otherwise requires -

"the Convention" means the Convention on the Prohibition of the

Use, Stockpiling, Production and Transfer of Anti-Personnel Mines

and their Destruction signed at Ottawa, Canada on 4 December

1997;

"mine" means a munition designed to be placed under, on or near

the ground or other surface area and to be exploded by the

presence, proximity or contact of a person or a vehicle;

"anti-personnel mine" means a mine designed to be exploded by

the presence, proximity or contact of a person and to incapacitate,

injure or kill one or more persons;

"transfer" involves, in addition to the physical movement of anti-

personnel mines into or from a national territory, the transfer of

title to and control over the mines.

Regulation 3(2)

CONVENTION ON THE PROHIBITION OF THE USE, STOCKPILING,

PRODUCTION AND TRANSFER OF ANTI-PERSONNEL MINES

AND ON THEIR DESTRUCTION

Preamble

The States Parties

Determined to put an end to the suffering and casualties caused by anti-personnel

mines that kill or maim hundreds of people every week, mostly innocent and

defenceless civilians and especially children, obstruct economic development and

reconstruction, inhibit the repatriation of refugees and internally displaced persons,

and have other severe consequences for years after emplacement,

Believing it necessary to do their utmost to contribute in an efficient and

coordinated manner to face the challenge of removing anti-personnel mines placed

throughout the world, and to assure their destruction,

Wishing to do their utmost in providing assistance for the care and rehabilitation,

including the social and economic reintegration of mine victims,

Recognizing that a total ban of anti-personnel mines would also be an important

confidence-building measure,

Welcoming the adoption of the Protocol on Prohibitions or Restrictions on the Use

of Mines, Booby-Traps and Other Devices, as amended on 3 May 1996, annexed to

the Convention on Prohibitions or Restrictions on the Use of Certain Conventional

We ap o n s W h i c h M a y B e D e e m e d t o B e Ex c e ss i v e l y I n j u r i o u s o r t o H a v e

Indiscriminate Effects, and calling for the early ratification of this Protocol by all

States which have not yet done so,

Welcoming also United Nations General Assembly resolution 51/45 S of 10

December 1996 urging all States to pursue vigorously an effective, legally binding

international agreement to ban the use, stockpiling, production and transfer of anti-

personnel landmines,

Welcoming furthermore the measures taken over the past years, both unilaterally

and multilaterally, aiming at prohibiting, restricting or suspending the use,

stockpiling, production and transfer of anti-personnel mines,

Stressing the role of public conscience in furthering the principles of humanity as

evidenced by the call for a total ban of anti-personnel mines and recognizing the

efforts to that end undertaken by the International Red Cross and Red Crescent

Movement, the International Campaign to Ban Landmines and numerous other non-

governmental organizations around the world,

Recalling the Ottawa Declaration of 5 October 1996 and the Brussels Declaration

of 27 June 1997 urging the international community to negotiate an international and

legally binding agreement prohibiting the use, stockpiling, production and transfer

of anti-personnel mines,

Emphasizing the desirability of attracting the adherence of all States to this

Convention, and determined to work strenuously towards the promotion of its

universalization in all relevant fore including, inter alia, the United Nations, the

Conference on Disarmament, regional organizations, and groupings, and review

conferences of the Convention on Prohibitions or Restrictions on the Use of Certain

PERSONNEL MINES AND THEIR DESTRUCTION

Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to

Have Indiscriminate Effects,

Basing themselves on the principle of international humanitarian law that the right

of the parties to an armed conflict to choose methods or means of warfare is not

unlimited, on the principle that prohibits the employment in armed conflicts of

weapons, projectiles and materials and methods of warfare of a nature to cause

superfluous injury or unnecessary suffering and on the principle that a distinction

must be made between civilians and combatants,

Have agreed as follows

Article 1

General obligations

1. Each State Party undertakes never under any circumstances

(a) To use anti-personnel mines;

(b) To develop, produce, otherwise acquire, stockpile, retain or transfer to

anyone, directly or indirectly, anti-personnel mines;

(c) To assist, encourage or induce, in any way, anyone to engage in any

activity prohibited to a State Party under this Convention.

2. Each State Party undertakes to destroy or ensure the destruction of all anti-

personnel mines in accordance with the provisions of this Convention.

Article 2

Definitions

1. "Anti-personnel mine" means a mine designed to be exploded by the

presence proximity or contact of a person and that will incapacitate, injure or kill

one or more persons. Mines designed to be detonated by the presence, proximity or

contact of a vehicle as opposed to a person, that are equipped with anti-handling

devices, are not considered anti-personnel mines as a result of being so equipped.

2. "Mine" means a monition designed to be placed under, on or near the ground

or other surface area and to be exploded by the presence, proximity or contact of a

person or a vehicle.

3. "Anti-handling device" means a device intended to protect a mine and which

is part of, linked to, attached to or placed under the mine and which activates when

an attempt is made to tamper with or otherwise intentionally disturb the mine.

4. "Transfer" involves, in addition to the physical movement of anti-personnel

mines into or from national territory, the transfer of title to and control over the

mines, but does not involve the transfer of territory containing emplaced anti-

personnel mines.

5. "Mined area" means an area which is dangerous due to the presence or

suspected presence of mines.

Article 3

Exceptions

1. Notwithstanding the general obligations under Article 1, the retention or

transfer of a number of anti-personnel mines for the development of and training in

mine detection, mine clearance, or mine destruction techniques is permitted. The

amount of such mines shall not exceed the minimum number absolutely necessary

for the above-mentioned purposes.

PERSONNEL MINES AND THEIR DESTRUCTION

2. The transfer of anti-personnel mines for the purpose of destruction is

permitted.

Article 4

Destruction of stockpiled anti-personnel mines

Except as provided for in Article 3, each State Party undertakes to destroy or

ensure the destruction of all stockpiled anti-personnel mines it owns or possesses, or

that are under its jurisdiction or control, as soon as possible but not later than four

years after the entry into force of this Convention for that State Party.

Article 5

Destruction of anti-personnel mines in mined areas

1. Each State Party undertakes to destroy or ensure the destruction of all anti-

personnel mines in mined areas under its jurisdiction or control, as soon as possible

but not later than ten years after the entry into force of this Convention for that State

Party.

2. Each State Party shall make every effort to identify all areas under its

jurisdiction or control in which anti-personnel mines are known or suspected to be

emplaced and shall ensure as soon as possible that all anti-personnel mines in mined-

areas under its jurisdiction or control are perimeter-marked, monitored and protected

by fencing or other means, to ensure the effective exclusion of civilians, until all

anti-personnel mines contained therein have been destroyed. The marking shall at

least be to the standards set out in the Protocol on Prohibitions or Restrictions on the

Use of Mines, Booby-Traps and Other Devices, as amended on 3 May 1996, annexed

to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional

We ap o n s W h i c h M a y B e D e e m e d t o B e Ex c e ss i v e l y I n j u r i o u s o r t o H a v e

Indiscriminate Effects.

3. If a State Party believes that it will be unable to destroy or ensure the

destruction of all anti-personnel mines referred to in paragraph 1 within that time

period, it may submit a request to a Meeting of the States Parties or a Review

Conference for an extension of the deadline for completing the destruction of such

anti-personnel mines, for a period of up to ten years.

4. Each request shall contain

(a) The duration of the proposed extension;

(b) A detailed explanation of the reasons for the proposed extension,

including

(i)

The preparation and status of work conducted under national

demining programmes;

(ii) The financial and technical means available to the State Party for

the destruction of all the anti-personnel mines; and

(iii) Circumstances which impede the ability of the State Party to

destroy all the anti-personnel mines in mined areas;

(c) The humanitarian, social, economic, and environmental implications of

the extension; and

(d) Any other information relevant to the request for the proposed

extension.

5. The Meeting of the States Parties or the Review Conference shall, taking

into consideration the factors contained in paragraph 4, assess the request and decide

PERSONNEL MINES AND THEIR DESTRUCTION

by a majority of votes of States Parties present and voting whether to grant the

request for an extension period.

(1) For the purpose of article 3(2) of the National Interest

(Enabling Powers) Act, hereinafter referred to as "the Act", the text

of the Resolution of the House of Representatives dated 9 February

2001 and passed on the 20th March, 2001 is being published in the

First Schedule.

(2) For the purpose of article 3(4) of article 3 of the Act, the

Convention is published in the English Language in the Second

Schedule.

(1)

Notwithstanding any other law -

(a) the use of anti-personnel mines;

(b) the development, production, or otherwise the

acquisition, stockpiling, retention or transfer to

anyone, directly or indirectly, of anti-personnel mines;

(c) the assistance, encouragement or inducement, in any

way, to anyone to engage in any activity described in

paragraphs (a) and (b),

by any person in Malta or by any citizen or permanent resident of

Malta, whether in Malta or elsewhere, is prohibited.

PERSONNEL MINES AND THEIR DESTRUCTION

(2) Notwithstanding the provisions of subregulation (1), the

retention of a number of anti-personnel mines for development and

training in mine detection, mine clearance, or mine destruction

techniques by the Armed Forces of Malta is permitted.

Any person found guilty of an offence against these

regulations shall, on conviction, be liable to a fine (multa) not

exceeding one hundred and sixteen thousand and four hundred and

sixty-eight euro and sixty-seven cents (116,468.67).

PERSONNEL MINES AND THEIR DESTRUCTION

Such an extension may be renewed upon the submission of a new request in

accordance with paragraphs 3, 4 and 5 of this Article. In requesting a further

extension period a State Party shall submit relevant additional information on what

has been undertaken in the previous extension period pursuant to this Article.

Article 6

International cooperation and assistance

1. In fulfilling its obligations under this, Convention each State Party has the,

right to seek and receive assistance, where feasible, from other States Parties to the

extent possible.

2. Each State Party undertakes to facilitate and shall have the right to

participate in the fullest possible exchange of equipment, material and scientific and

technological information concerning the implementation of this Convention. The

States Parties shall not impose undue restrictions on the provision of mine clearance

equipment and related technological information for humanitarian purposes.

3. Each State Party in a position to do so shall provide assistance for the care

and rehabilitation, and social and economic reintegration, of mine victims and for

mine awareness programmes. Such assistance may be provided, inter alia, through

the United Nations system, international, regional or national organizations or

institutions, the International Committee of the Red Cross, national Red Cross and

Red Crescent societies and their International Federation. non-governmental

organizations, or on a bilateral basis.

4. Each State Party in a position to do so shall provide assistance for mine

clearance and related activities. Such assistance may be provided, inter alia, through

the United Nations system, international or regional organizations or institutions,

non-governmental organizations or institutions, or on a bilateral basis, or by

contributing to the United Nations Voluntary Trust Fund for Assistance in Mine

Clearance, or other regional funds that deal with demining.

5. Each State Party in a position to do so shall provide assistance for the

destruction of stockpiled anti-personnel mines.

6. Each State Party undertakes to provide information to the database on mine

clearance established within the United Nations system, especially information

concerning various means and technologies of mine clearance, and lists of experts,

expert agencies or national points of contact on mine clearance.

States Parties may request the United Nations, regional organizations, other

States Parties or other competent intergovernmental or non-governmental fora to

assist its authorities in the elaboration of a national demining programme to

determine, inter alia

(a) The extent and scope of the anti-personnel mine problem;

(b) The financial, technological and human resources that are required for

the implementation of the programme;

(c) The estimated number of years necessary to destroy all anti-personnel

mines in mined areas under the jurisdiction or control of the concerned

State Party;

(d) Mine awareness activities to reduce the incidence of mine related

injuries or deaths;

PERSONNEL MINES AND THEIR DESTRUCTION

(e) Assistance to mine victims;

(f)

The relationship between the Government of the concerned State Party

and the relevant governmental, intergovernmental or non-governmental

entities that will work in the implementation of the programme.

Each State Party giving and receiving assistance under the provisions of this

Article shall cooperate with a view to ensuring the full and prompt implementation

of agreed assistance programmes.

Article 7

Transparency measures

1. Each State Party shall report to the Secretary-General of the United Nations

as soon as practicable, and in any event not later than 180 days after the entry into

force of this Convention for that State Party on

(a) The national implementation measures referred to in Article 9;

(b) The total of all stockpiled anti-personnel mines owned or possessed by

it, or under its jurisdiction or control, to include a breakdown of the

type, quantity and, if possible, lot numbers of each type of anti-

personnel mine stockpiled;

(c) To the extent possible, the location of all mined areas that contain, or

are suspected to contain, anti-personnel mines under its jurisdiction or

control, to include as much detail as possible regarding the type and

quantity of each type of anti-personnel mine in each mined area and

when they were emplaced;

(d) The types, quantities and, if possible, lot numbers of all anti-personnel

mines retained or transferred for the development of and training in

mine detection, mine clearance or mine destruction techniques, or

transferred for the purpose of destruction, as well as the institutions

authorized by a State Party to retain or transfer anti-personnel mines, in

accordance with Article 3;

(e) The status of programmes for the conversion or decommissioning of

anti-personal mine production facilities;

(f)

The status of programmes for the destruction of anti-personnel mines in

accordance with Articles 4 and 5, including details of the methods

which will be used in destruction, the location of all destruction sites

and the applicable safety and environmental standards to be observed;

(g) The types and quantities of all anti-personnel mines destroyed after the

entry into force of this Convention for that State Party, to include a

breakdown of the quantity of each type of anti-personnel mine

destroyed, in accordance with Articles 4 and 5, respectively, along with,

if possible, the lot numbers of each type of anti-personnel mine in the

case of destruction in accordance with Article 4;

(h) The technical characteristics of each type of anti-personnel mine

produced, to the extent known, and those currently owned or possessed

by a State Party. giving. where reasonably possible. such categories of

information as may facilitate identification and clearance of anti-

personnel mines; at a minimum, this information shall include the

dimensions, fusing, explosive content, metallic content, colour

photographs and other information which may facilitate mine clearance;

PERSONNEL MINES AND THEIR DESTRUCTION

and

(i)

The measures taken to provide an immediate and effective warning to

the population in relation to all areas identified under paragraph 2 of

Article 5.

2. The information provided in accordance with this Article shall be updated

by the States Parties annually, covering the last calendar year, and reported to the

Secretary-General of the United Nations not later than 30 April of each year.

3. The Secretary-General of the United Nations shall transmit all such reports

received to the States Parties.

Article 8

Facilitation and clarification of compliance

1. The States Parties agree to consult and cooperate with each other regarding

the implementation of the provisions of this Convention, and to work together in a

spirit of cooperation to facilitate compliance by States Parties with their obligations

under this Convention.

2. If one or more States Parties wish to clarify and seek to resolve questions

relating to compliance with the provisions of this Convention by another State Party,

it may submit, through the Secretary-General of the United Nations, a Request for

Clarification of that matter to that State Party. Such a request shall be accompanied

by all appropriate information. Each State Party shall refrain from unfounded

Requests for Clarification, care being taken to avoid abuse. A State Party that

receives a Request for Clarification shall provide, through the Secretary-General of

the United Nations, within 28 days to the requesting State Party all information

which would assist in clarifying this matter.

3. If the requesting State Party does not receive a response through the

Secretary-General of the United Nations within that time period, or deems the

response to the Request for Clarification to be unsatisfactory, it may submit the

matter through the Secretary-General of the United Nations to the next Meeting of

the States Parties. The Secretary-General of the United Nations shall transmit the

submission, accompanied by all appropriate information pertaining to the Request

for Clarification, to all States Parties. All such information shall be presented to the

requested State Party which shall have the right to respond.

4. Pending the convening of any meeting of the States Parties, any of the States

Parties concerned may request the Secretary-General of the United Nations to

exercise his or her good offices to facilitate the clarification requested.

5. The requesting State Party may propose through the Secretary General of the

United Nations the convening of a Special Meeting of the States Parties to consider

t h e m a t t e r. T h e S e c r e t a r y - G e n e r a l o f t h e U n i t e d N a t i o n s s h a l l th e r e u p o n

communicate this proposal and all information submitted by the States Parties

concerned, to all States Parties with a request that they indicate whether they favour

a Special Meeting of the States Parties, for the purpose of considering the matter. In

the event chat within 14 days from the date of such communication, at least one third

of the States Parties favours such a Special Meeting, the Secretary-General of the

United Nations shall convene this Special Meeting of the States Parties within a

further 14 days. A quorum for this Meeting shall consist of a majority of States

Parties.

6. The Meeting of the States Parties or the Special Meeting of the States

Parties, as the case may be, shall first determine whether to consider the matter

PERSONNEL MINES AND THEIR DESTRUCTION

further, taking into account all information submitted by the States Parties

concerned. The Meeting of the States Parties or the Special Meeting of the States

Parties shall make every effort to reach a decision by consensus. If despite all efforts

to that end no agreement has been reached, it shall take this decision by a majority of

States Parties present and voting.

7. All States Parties shall cooperate fully with the, Meeting of the States

Parties or the Special Meeting of the States Parries in the fulfilment of its review of

the matter, including any fact-finding missions that are authorized in accordance

with paragraph 8.

8. If further clarification is required, the Meeting of the States Parties or the

Special Meeting of the States Parties shall authorize a fact-finding mission and

decide on itv mandate by a majority of States Parties present and voting. At any time

the requested State Party may invite a fact-finding mission to its territory. Such a

mission shall take place without a decision by a Meeting of the States Parties or a

Special Meeting of the States Parties to authorize such a mission. The mission,

consisting of up to nine experts. designated and approved in accordance with

paragraphs 9 and 10, may collect additional information on the spot or in other

places directly related to the alleged compliance issue under the jurisdiction or

control of the requested State Party.

The Secretary-General of the United Nations shall prepare and update a list

of the names, nationalities and other relevant data of qualified experts provided by

States Parties and communicate it to all States Parries. Any expert included on this

list shall be regarded as designated for all fact-finding missions unless a State Party

declares its non-acceptance in writing. In the event of non-acceptance, the expert

shall not participate in fact-finding missions on the territory or any other place under

the jurisdiction or control of the objecting State Party, if the non-acceptance was

declared prior to the appointment of the expert to such missions.

Upon receiving a request from the Meeting of the States Parties or a Special

Meeting of the States Parties, the Secretary-General of the United Nations shall,

after consultations with the requested State Party, appoint the members of the

mission, including its leader. Nationals of States Parties requesting the fact-finding

mission or directly affected by it shall not be appointed to the mission. The members

of the fact-finding mission shall enjoy privileges and immunities under Article VI of

the Convention on the Privileges and Immunities of the United Nations, adopted on

13 February 1946.

Upon at least 72 hours notice, the members of the fact-finding mission shall

arrive in the territory of the requested State Party at the earliest opportunity. The

requested State Party shall take the necessary administrative measures to receive,

transport and accommodate the mission, and shall be responsible for ensuring the

security of the mission to the maximum extent possible while they are on territory

under its control.

Without prejudice to the sovereignty of the requested State Party, the fact-

finding mission may bring into the territory of the requested State Party the

necessary equipment which shall be used exclusively for gathering information on

the alleged compliance issue. Prior to its arrival, the mission will advise the

requested State Party of the equipment that it intends to utilize in the course of its

fact-finding mission.

The requested State Party shall make all efforts to ensure that the fact-

finding mission is given the opportunity to speak with all relevant persons who may

PERSONNEL MINES AND THEIR DESTRUCTION

be able to provide information related to the alleged compliance issue.

The requested State Party shall grant access for the fact-finding mission to

all areas and installations under its control where facts relevant to the compliance

issue could be expected to be collected. This shall be subject to any arrangements

that the requested State Party considers necessary for

(a) The protection of sensitive equipment, information and areas;

(b) The protection of any constitutional obligations the requested State

Party may have with regard to proprietary rights, searches and seizures,

or other constitutional rights; or

(c) The physical protection and safety of the members of the fact-finding

mission.

In the event that the requested State Party makes such arrangements, it shall

make every reasonable effort to demonstrate through alternative means its

compliance with this Convention.

The fact-finding mission may remain in the territory of the State Party

concerned for no more than 14 days, and at any particular site no more than 7 days,

unless otherwise agreed.

All information provided in confidence and not related to the subject matter

of the fact-finding mission shall be treated on a confidential basis.

The fact-finding mission shall report, through the Secretary-General of the

United Nations, to the Meeting of the States Parties or the Special Meeting of the

States Parties the results of its findings.

The Meeting of the States Parties or the Special Meeting of the States Parties

shall consider all relevant information, including the report submitted by the fact-

finding mission, and may request the requested State Party to take measures to

address the compliance issue within a specified period of time. The requested State

Party shall report on all measures taken in response to this request.

The Meeting of the States Parties or the Special Meeting of the States Parties

may suggest to the States Parties concerned ways and means to further clarify or

resolve the matter under consideration, including the initiation of appropriate

procedures in conformity with international law. In circumstances where the issue at

hand is determined to be due to circumstances, beyond the control of the requested

State Party, the Meeting of the States Parties or the Special Meeting of the States

Parties may recommend appropriate measures, including the use of cooperative

measures referred to in Article 6.

The Meeting of the States Parties or the Special Meeting of the States Parties

shall make every effort to reach its decisions referred to in paragraphs 18 and 19 by

consensus, otherwise by a two-thirds majority of States Parties present and voting.

Article 9

National implementation measures

Each State Party shall take all appropriate legal, administrative and other

measures, including the imposition of penal sanctions, to prevent and suppress any

activity prohibited to a State Party under this Convention undertaken by persons or

on territory under its jurisdiction or control.

Article 10

Settlement of disputes

PERSONNEL MINES AND THEIR DESTRUCTION

1. The States Parties shall consult and cooperate with each other to settle any

dispute that may arise with regard to the application or the interpretation of this

Convention. Each State Party may bring any such dispute before the Meeting of the

States Parties.

2. The Meeting of the States Parties may contribute to the settlement of the

dispute by whatever means it deems appropriate, including offering its good offices,

calling upon the States Parties to a dispute to start the settlement procedure of their

choice and recommending a time-limit for any agreed procedure.

3. This Article is without prejudice to the provisions of this Convention on

facilitation and clarification of compliance.

Article 11

Meetings of the States Parties

1. The States Parties shall meet regularly in order to consider any matter with

regard to the application or implementation of this Convention, including

(a) The operation and status of this Convention;

(b) Matters arising from the reports submitted under the provisions of this

Convention;

(c) International cooperation and assistance in accordance with Article 6;

(d) The development of technologies to clear anti-personnel mines;

(e) Submissions of States Parties under Article 8; and

(f)

Decisions relating to submissions of States Parties as provided for in

Article 5.

2. The First Meeting of the States Parties shall be convened by the Secretary-

General of the United Nations within one year after the entry into force of this

Convention. The subsequent meetings shall be convened by the Secretary-General of

the United Nations annually until the first Review Conference.

3. Under the conditions set out in Article 8, the Secretary-General of the

United Nations shall convene a Special Meeting of the States Parties.

4. States not parties to this Convention, as well as the United Nations, other

relevant international organizations or institutions, regional organizations, the

Internatio nal Comm ittee of the Red Cross and relevant n on-govern me ntal

organizations may be invited to attend these meetings as observers in accordance

with the agreed Rules of Procedure.

Article 12

Review Conferences

1. A Review Conference shall be convened by the Secretary-General of the

United Nations five-years after the entry into force of this Convention. Further

Review Conferences shall be convened by the Secretary-General of the United

Nations if so requested by one or more States Parties, provided that the interval

between Review Conferences shall in no case be less than five years. All States

Parties to this Convention shall be invited to each Review Conference.

2. The purpose of the Review Conference shall be

(a) To review the operation and status of this Convention;

(b) To consider the need for and the interval between further Meetings of

PERSONNEL MINES AND THEIR DESTRUCTION

the States Parties referred to in paragraph 2 of Article 11;

(c) To take decisions on submissions of States Parties as provided for in

Article 5; and

(d) To adopt, if necessary, in its final report conclusions related to the

implementation of this Convention.

3. States not parties to this Convention, as well as the United Nations, other

relevant international organizations or institutions, regional organizations, the

Internation al Comm ittee of the Red Cro ss and relevant no n-govern me ntal

organizations may be invited to attend each Review Conference as observers in

accordance with the agreed Rules of Procedure.

Article 13

Amendments

1. At any time after the entry into force of this Convention any State Party may

propose amendments to this Convention. Any proposal for an amendment shall be

communicated to the Depositary, who shall circulate it to all States Parties and shall

seek their views on whether an Amendment Conference should be convened to

consider the proposal. If a majority of the States Parties notify the Depositary no

later than 30 days after its circulation that they support further consideration of the

proposal, the Depositary shall convene oh Amendment Conference to which all

States Parties shall be invited.

2. States not parties to this Convention, as well as the United Nations, other

relevant international organizations or institutions, regional organizations, the

Internation al Comm ittee of the Red Cro ss and relevant no n-govern me ntal

organizations may be invited to attend each Amendment Conference as observers in

accordance with the agreed Rules of Procedure.

3. The Amendment Conference shall be held immediately following a Meeting

of the States Parties or a Review Conference unless a majority of the States Parties

request that it be held earlier.

4. Any amendment to this Convention shall be adopted by a majority of two

thirds of the States Parties present and voting at the Amendment Conference. The

Depositary shall communicate any amendment so adopted to the States Parties.

5. An amendment to this Convention shall enter into force for all States Parties

to this Convention which have accepted it, upon the deposit with the Depositary of

instruments of acceptance by a majority of States Parties. Thereafter it shall enter

into force for any remaining State Party on the date of deposit of its instrument of

acceptance.

Article 14

Costs

1. The costs of the Meetings of the States Parties, the Special Meetings of the

States Parties, the Review Conferences and the Amendment Conferences shall be

borne by the States Parties and States not parties to this Convention participating

therein, in accordance with the United Nations scale of assessment adjusted

appropriately.

2. The costs incurred by the Secretary-General of the United Nations under

Articles 7 and 8 and the costs of any fact-finding mission shall be borne by the States

Parties in accordance with the United Nations scale of assessment adjusted

appropriately.

PERSONNEL MINES AND THEIR DESTRUCTION

Article 15

Signature

This Convention, done at Oslo, Norway, on 18 September 1997, shall be

open for signature at Ottawa, Canada, by all States from 3 December 1997 until 4

December 1997, and at the United Nations Headquarters in New York from 5

December 1997 until its entry into force.

Article 16

Ratification acceptance approval or accession

1. This Convention is subject to ratification, acceptance or approval of the

Signatories.

2. It shall be open for accession by any State which has not signed the

Convention.

3. The instruments of ratification, acceptance, approval or accession shall be

deposited with the Depositary.

Article 17

Entry into force

1. This Convention shall enter into force on the first day of the sixth month

after the month in which the 40th instrument of ratification, acceptance, approval or

accession has been deposited.

2. For any State which deposits its instrument of ratification, acceptance,

approval or accession after the date of the deposit of the 40th instrument of

ratification, acceptance, approval or accession, this Convention shall enter into force

on the first day of the sixth month after the date on which that State has deposited its

instrument of ratification, acceptance, approval or accession.

Article 18

Provisional application

Any State may at the time of its ratification, acceptance, approval or

accession, declare that it will apply provisionally paragraph 1 of Article 1 of this

Convention pending its entry into force.

Article 19

Reservations

The Articles of this Convention shall not be subject to reservations.

Article 20

Duration and withdrawal

1. This Convention shall be of unlimited duration.

2. Each State Party shall. in exercising its national sovereignty, have the right

to withdraw from this Convention. It shall give notice of such withdrawal to all other

States Parties. to the Depositary and to the United Nations Security Council. Such

instrument of withdrawal shall include a full explanation of the reasons motivating

this withdrawal.

3. Such withdrawal shall only take effect six months after the receipt of the

instrument of withdrawal by the Depositary. If. however. on the expiry of that six-

month period. the withdrawing State Party is engaged in an armed conflict, the

PERSONNEL MINES AND THEIR DESTRUCTION

withdrawal shall not take effect before the end of the armed conflict.

4. The withdrawal of a State Party from this Convention shall not in any way

affect the duty of States to continue fulfilling the obligations assumed under any

relevant rules of international law.

Article 21

Depositary

The Secretary-General of the United Nations is hereby designated as the

Depositary of this Convention.

Article 22

Authentic texts

The original of this Convention, of which the Arabic, Chinese, English,

French, Russian and Spanish texts are equally authentic, shall be deposited with the

Secretary-General of the United Nations.