Resolução da Assembleia da República n.º 77/2015 - Diário da República n.º 131/2015, Série I de 2015-07-08
Resolução da Assembleia da República n.º 77/2015 Aprova o Protocolo de 2005 Relativo à Convenção para a Supressão de Atos Ilícitos contra a Segurança da Nave- gação Marítima, adotado em Londres em 14 de outubro de 2005. A Assembleia da República resolve, nos termos da alí- nea
i) do artigo 161.º e do n.º 5 do artigo 166.º da Consti- tuição, aprovar o Protocolo de 2005 Relativo à Convenção para a Supressão de Atos Ilícitos contra a Segurança da Navegação Marítima, adotado em Londres em 14 de ou- tubro de 2005, cujo texto, na versão autenticada na língua inglesa, bem como a respetiva tradução para língua portu- guesa, se publicam em anexo.
Aprovada em 2 de abril de 2015. A Presidente da Assembleia da República, Maria da Assunção A. Esteves.
PROTOCOL OF 2005 TO THE CONVENTION FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF MARITIME NAVIGATION Preamble The States Parties to this Protocol: Being Parties to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation done at Rome on 10 March 1988; Acknowledging that terrorist acts threaten international peace and security; Mindful of resolution A.924(22) of the Assembly of the International Maritime Organization requesting the revi- sion of existing international legal and technical measures and the consideration of new measures in order to prevent and suppress terrorism against ships and to improve secu- rity aboard and ashore, and thereby to reduce the risk to passengers, crews and port personnel on board ships and in port areas and to vessels and their cargoes; Conscious of the Declaration on Measures to Elimi- nate International Terrorism, annexed to United Nations General Assembly resolution 49/60 of 9 December 1994, in which, inter alia, the States Members of the United Na- tions solemnly reaffirm their unequivocal condemnation of all acts, methods and practices of terrorism as criminal and unjustifiable, wherever and by whomever committed, including those which jeopardize the friendly relations among States and peoples and threaten the territorial in- tegrity and security of States; Noting United Nations General Assembly resolution 51/210 of 17 December 1996 and the Declaration to Su- pplement the 1994 Declaration on Measures to Eliminate International Terrorism annexed thereto; Recalling resolutions 1368 (2001) and 1373 (2001) of the United Nations Security Council, which reflect inter- national will to combat terrorism in all its forms and ma- nifestations, and which assigned tasks and responsibilities to States, and taking into account the continued threat from terrorist attacks; Recalling also resolution 1540 (2004) of the United Nations Security Council, which recognizes the urgent need for all States to take additional effective measures to prevent the proliferation of nuclear, chemical or biological weapons and their means of delivery; Recalling further the Convention on Offences and Cer- tain Other Acts Committed on Board Aircraft, done at Tokyo on 14 September 1963; the Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague on 16 December 1970; the Convention for the Su- ppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 23 September 1971; the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Di- plomatic Agents, adopted by the General Assembly of the United Nations on 14 December 1973; the International Convention against the Taking of Hostages, adopted by the General Assembly of the United Nations on 17 December 1979; the Convention on the Physical Protection of Nuclear Material, done at Vienna on 26 October 1979 and amen- dments thereto adopted on 8 July 2005; the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 24 Fe- bruary 1988; the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, done at Rome on 10 March 1988; the Convention on the Marking of Plastic Explosives for the Purpose of Detection, done at Montreal on 1 March 1991; the International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on 15 December 1997; the Interna- tional Convention for the Suppression of the Financing of Terrorism, adopted by the General Assembly of the United Nations on 9 December 1999, and the International Con- vention for the Suppression of Acts of Nuclear Terrorism adopted by the General Assembly of the United Nations on 13 April 2005; Bearing in mind the importance of the United Nations Convention on the Law of the Sea done at Montego Bay, on 10 December 1982, and of the customary international law of the sea; Considering resolution 59/46 of the United Nations General Assembly, which reaffirmed that international co- -operation as well as actions by States to combat terrorism should be conducted in conformity with the principles of the Charter of the United Nations, international law and relevant international conventions, and resolution 59/24 of the United Nations General Assembly, which urged States to become parties to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Naviga- tion and its Protocol, invited States to participate in the review of those instruments by the Legal Committee of the International Maritime Organization to strengthen the means of combating such unlawful acts, including terrorist acts, and also urged States to take appropriate measures to ensure the effective implementation of those instruments, in particular through the adoption of legislation, where appropriate, aimed at ensuring that there is a proper fra- mework for responses to incidents of armed robbery and terrorist acts at sea; Considering also the importance of the amendments to the International Convention for the Safety of Life at Sea, 1974, and of the International Ship and Port Facility Security (ISPS) Code, both adopted by the 2002 Confe- rence of Contracting Governments to that Convention, in establishing an appropriate international technical fra- mework involving co -operation between Governments, Government agencies, national and local administrations and the shipping and port industries to detect security threats and take preventative measures against security incidents affecting ships or port facilities used in inter- national trade; Considering further resolution 58/187 of the United Nations General Assembly, which reaffirmed that States must ensure that any measure taken to combat terrorism complies with their obligations under international law, in particular international human rights, refugee and hu- manitarian law; Believing that it is necessary to adopt provisions supple- mentary to those of the Convention, to suppress additional terrorist acts of violence against the safety and security of international maritime navigation and to improve its effectiveness: have agreed as follows: Article 1 For the purposes of this Protocol: 1) «Convention» means the Convention for the Sup- pression of Unlawful Acts against the Safety of Maritime Navigation, done at Rome on 10 March 1988; 2) «Organization» means the International Maritime Organization (IMO); 3) «Secretary -General» means the Secretary -General of the Organization.
Article 2 Article 1 of the Convention is amended to read as follows: «Article 1 1 — For the purposes of this Convention: (a) ‘ship’ means a vessel of any type whatsoever not permanently attached to the sea -bed, including dy- namically supported craft, submersibles, or any other floating craft; (b) ‘transport’ means to initiate, arrange or exercise effective control, including decision -making authority, over the movement of a person or item; (c) ‘serious injury or damage’ means: (i) Serious bodily injury; or (ii) Extensive destruction of a place of public use, State or government facility, infrastructure facility, or public transportation system, resulting in major eco- nomic loss; or (iii) Substantial damage to the environment, including air, soil, water, fauna, or flora; (d) ‘BCN weapon’ means: (i) ‘Biological weapons’, which are: (1) Microbial or other biological agents, or toxins whatever their origin or method of production, of types and in quantities that have no justification for prophylac- tic, protective or other peaceful purposes; or (2) Weapons, equipment or means of delivery desig- ned to use such agents or toxins for hostile purposes or in armed conflict; (ii) ‘Chemical weapons’, which are, together or se- parately: (1) Toxic chemicals and their precursors, except where intended for: (A) Industrial, agricultural, research, medical, phar- maceutical or other peaceful purposes; or (B) Protective purposes, namely those purposes di- rectly related to protection against toxic chemicals and to protection against chemical weapons; or (C) Military purposes not connected with the use of chemical weapons and not dependent on the use of the toxic properties of chemicals as a method of warfare; or (D) Law enforcement including domestic riot control purposes; as long as the types and quantities are consistent with such purposes; (2) Munitions and devices specifically designed to cause death or other harm through the toxic properties of those toxic chemicals specified in subparagraph (ii)(1), which would be released as a result of the employment of such munitions and devices; (3) Any equipment specifically designed for use di- rectly in connection with the employment of munitions and devices specified in subparagraph (ii)(2); (iii) Nuclear weapons and other nuclear explosive devices; (e) ‘Toxic chemical’ means any chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm...
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