Resolução da Assembleia da República n.º 216/2017

Data de publicação24 Agosto 2017
SeçãoSerie I
ÓrgãoAssembleia da República

Resolução da Assembleia da República n.º 216/2017

Aprova o Protocolo que altera a Convenção Referente às Infrações e a Certos Outros Atos Cometidos a Bordo de Aeronaves, assinado em Montreal, a 4 de abril de 2014

A Assembleia da República resolve, nos termos da alínea i) do artigo 161.º e do n.º 5 do artigo 166.º da Constituição, aprovar o Protocolo que altera a Convenção Referente às Infrações e a Certos Outros Atos Cometidos a Bordo de Aeronaves, assinado em Montreal, a 4 de abril de 2014, cujo texto, na versão autenticada em língua inglesa e respetiva tradução em língua portuguesa, se publica em anexo.

Aprovada em 19 de julho de 2017.

O Presidente da Assembleia da República, Eduardo Ferro Rodrigues.

PROTOCOL TO AMEND THE CONVENTION ON OFFENCES AND CERTAIN OTHER ACTS COMMITTED ON BOARD AIRCRAFT

The Contracting States to this Protocol:

Noting that States have expressed their concern about the escalation of the severity and frequency of unruly behaviour on board aircraft that may jeopardize the safety of the aircraft or of persons or property therein or jeopardize good order and discipline on board;

Recognizing the desire of many States to assist each other in curbing unruly behaviour and restoring good order and discipline on board aircraft;

Believing that in order to address these concerns, it is necessary to adopt provisions to amend those of the Convention on Offences and Certain Other Acts Committed on Board Aircraft signed at Tokyo on 14 September 1963;

have agreed as follows:

Article I

This Protocol amends the Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963 (hereinafter referred to as "the Convention").

Article II

Article 1, paragraph 3, of the Convention shall be replaced by the following:

"Article 1

3 - For the purposes of this Convention:

a) an aircraft is considered to be in flight at any time from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation; in the case of a forced landing, the flight shall be deemed to continue until the competent authorities take over the responsibility for the aircraft and for persons and property on board; and

b) when the State of the operator is not the same as the State of registration, the term 'the State of registration', as used in articles 4, 5 and 13 of the Convention, shall be deemed to be the State of the operator."

Article III

Article 2 of the Convention shall be replaced by the following:

"Article 2

Without prejudice to the provisions of article 4 and except when the safety of the aircraft or of persons or property on board so requires, no provision of this Convention shall be interpreted as authorizing or requiring any action in respect of offences against penal laws of a political nature or those based on discrimination on any ground such as race, religion, nationality, ethnic origin, political opinion or gender."

Article IV

Article 3 of the Convention shall be replaced by the following:

"Article 3

1 - The State of registration of the aircraft is competent to exercise jurisdiction over offences and acts committed on board.

1 bis - A State is also competent to exercise jurisdiction over offences and acts committed on board:

a) as the State of landing, when the aircraft on board which the offence or act is committed lands in its territory with the alleged offender still on board; and

b) as the State of the operator, when the offence or act is committed on board an aircraft leased without crew to a lessee whose principal place of business or, if the lessee has no such place of business, whose permanent residence, is in that State.

2 - Each Contracting State shall take such measures as may be necessary to establish its jurisdiction as the State of registration over offences committed on board aircraft registered in such State.

2 bis - Each Contracting State shall also take such measures as may be necessary to establish its jurisdiction over offences committed on board aircraft in the following cases:

a) as the State of landing, when:

i) the aircraft on board which the offence is committed has its last point of take-off or next point of intended landing within its territory, and the aircraft subsequently lands in its territory with the alleged offender still on board; and

ii) the safety of the aircraft or of persons or property therein, or good order and discipline on board, is jeopardized;

b) as the State of the operator, when the offence is committed on board an aircraft leased without crew to a lessee whose principal place of business or, if the lessee has no such place of business, whose permanent residence, is in that State.

2 ter - In exercising its jurisdiction as the State of landing, a State shall consider whether the offence in question is an offence in the State of the operator.

3 - This Convention does not exclude any criminal jurisdiction exercised in accordance with national law."

Article V

The following shall be added as article 3 bis of the Convention:

"Article 3 bis

If a Contracting State, exercising its jurisdiction under article 3, has been notified or has otherwise learned that one or more other Contracting States are conducting an investigation, prosecution or judicial proceeding in respect of the same offences or acts, that Contracting State shall, as appropriate, consult those other Contracting States with a view to coordinating their actions. The obligations in this Article are without prejudice to the obligations of a Contracting State under article 13."

Article VI

Article 5, paragraph 2, of the Convention shall be deleted.

Article VII

Article 6 of the Convention shall be replaced by the following:

"Article 6

1 - The aircraft commander may, when he has reasonable grounds to believe that a person has committed, or is about to commit, on board the aircraft, an offence or act contemplated in article 1, paragraph 1, impose upon such person reasonable measures including restraint which are necessary:

a) to protect the safety of the aircraft, or of persons or property therein; or

b) to maintain good order and discipline on board; or

c) to enable him to deliver such person to competent authorities or to disembark him in accordance with the provisions of this chapter.

2 - The aircraft commander may require or authorize the assistance of other crew members and may request or authorize, but not require, the assistance of in-flight security officers or passengers to restrain any person whom he is entitled to restrain. Any crew member or passenger may also take reasonable preventive measures without such authorization when he has reasonable grounds to believe that such action is immediately necessary to protect the safety of the aircraft, or of persons or property therein.

3 - An in-flight security officer deployed pursuant to a bilateral or multilateral agreement or arrangement between the relevant Contracting States may take reasonable preventive measures without such authorization when he has reasonable grounds to believe that such action is immediately necessary to protect the safety of the aircraft or persons therein from an act of unlawful interference, and, if the agreement or arrangement so allows, from the commission of serious offences.

4 - Nothing in this Convention shall be deemed to create an obligation for a Contracting State to establish an in-flight security officer programme or to agree to a bilateral or multilateral agreement or arrangement authorizing foreign in-flight security officers to operate in its territory."

Article VIII

Article 9 of the Convention shall be replaced by the following:

"Article 9

1 - The aircraft commander may deliver to the competent authorities of any Contracting State in the territory of which the aircraft lands any person who he has reasonable grounds to believe has committed on board the aircraft an act which, in his opinion, is a serious offence.

2 - The aircraft commander shall as soon as practicable and if possible before landing in the territory of a Contracting State with a person on board whom the aircraft commander intends to deliver in accordance with the preceding paragraph, notify the authorities of such State of his intention to deliver such person and the reasons therefor.

3 - The aircraft commander shall furnish...

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