Full text of Belgian law banning the use of uranium in conventional weapon systems: English translation.

DOC. 51 2199/001
Belgian Chamber of Representatives
January 11, 2006

BILL
Amendment to the law of January 3, 1933 relating to the manufacture, trade and possession of weapons and with the trade of the ammunition, to prohibit weapons containing depleted uranium.

(deposited by Mr. Dirk Van der Maelen)

SUMMARY
This bill aims to prohibit the manufacture and the sale of weapon systems with depleted uranium.

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cdH : Centre démocrate Humaniste (French speaking Conservatives)
CD&V : Christen-Democratisch en Vlaams (Dutch speaking Christian Democrats)
ECOLO : Ecologistes Confédérés pour l’organisation de luttes originales (French speaking Green party)
FN : Front National (French speaking Nationalists)
MR : Mouvement Réformateur (French speaking Liberals)
N-VA : Nieuw - Vlaamse Alliantie (Dutch speaking Regionalists)
PS : Parti socialiste (French speaking Social Democrats)
sp.a - spirit : Socialistische Partij Anders - Sociaal progressief internationaal, regionalistisch integraal democratisch toekomstgericht. (Dutch speaking Social Democrats)
Vlaams Belang : Vlaams Belang (Dutch speaking Nationalists)
VLD : Vlaamse Liberalen en Democraten (Dutch speaking Liberals)
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DEVELOPMENTS

LADIES, GENTLEMEN, This bill aims at amending the law of January 3, 1933 relating to the manufacture, trade and possession of weapons and the trade in ammunition, in envisaging the prohibition on the manufacture, marketing and posession of weapons and ammunition containing depleted uranium or any other type of industrially produced uranium. Potential effects of the use of ammunition with depleted uranium are indeed particularly worrying. The Armed Radiobiology Forces Research Institute of Maryland (related to the American ministry of Defense) showed, within the framework of several scientific studies, that the exposure to depleted uranium generates carcinogenic cells and damages genetic material.

This bill will put an end to international indifference regarding this problem. Some countries always deny that this type of ammunition poses problem and that it constitutes a danger to civilians and soldiers. The complaints accumulate. In a resolution of February 13, 2003, the European Parliament adopted a resolution that stated that civilians and soldiers taking part in peacekeeping operations could also be victims of these weapons. It called upon Member States “to immediately introduce a moratorium on the use of depleted uranium weapons”. As we are dealing with a category of weapons which blur the distinction between the conventional or nuclear character of weapons, the prohibition of these weapons is absolutely necessary.

The bill speaks about “weapons and ammunition that contain depleted uranium or any other types of industrially produced uranium”, in other words a rather broad definition of these weapons. This choice is deliberate. Depleted uranium is also used to reinforce the armour of tanks and small quantities are also present in landmines. It is the reason for which we prefer speech of one prohibition “weapons and ammunition that contain depleted uranium or any other types of industrially produced uranium”. In this manner, the depleted uranium which is polluted by plutonium at the time of reprocessing nuclear fuel rods is also included in our formulation of the weapons that will be prohibited.

BILL

Article 1
The present law regulates a matter related to article 78 of the Constitution.

Art 2
In article 3, subparagraph 1, of the law of January 3, 1993 relating to the manufacture, trade and possession of weapons and the trade of ammunition, replaced by the law of March 9, 1995, the words “weapons and ammunition containing depleted uranium or any other type of industrially produced uranium” are inserted between the words “devices of comparable nature,” and the words “daggers and knives”.

Art 3
Article 4 of the same law is modified in the following ways:
a) subparagraph 4, replaced by the law of March 9, 1995, is supplemented by the words “nor with the weapons and ammunition containing depleted uranium or any other type of industrially produced uranium”;
b) the article is supplemented by a subparagraph 6, as follows: “A weapon or munition that contains depleted uranium or industrially produced uranium is defined as any military application which contains components containing depleted uranium or any other composition of uranium.”.

Art 4
Article 22 of the same law, modified by the laws of January 30, 1991, March 9, 1995, June 24, 1996 and March 30, 2000, is modified in the following ways:

a) The words “and of weapons and ammunition containing depleted uranium or any other type of industrially produced uranium” are inserted between the words “devices of comparable nature” and the words “by the State”
b) the article is supplemented by two subparagraphs, the wording as follows: “The State or the public administrations is instructed to destroy the existing stocks of weapons and ammunition containing depleted uranium or any other type of industrially produced uranium within a period of three years. This time starts from the publication in the Belgian State Monitor of the law of… supplementing the law of January 3, 1933 relating to the manufacture, trade and possession of weapons and the trade in ammunition, with regard to the prohibition of weapon systems with depleted uranium.”.

December 28, 2005

Dirk VAN DER MAELEN (sp.a-spirit)

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DOC. 51 2199/002
Belgian Chamber of Representatives
January 10, 2007

BILL
supplementing the law of January 3, 1933 relative to manufacture, with the trade and the port of weapons and with the trade of the ammunition, in it who relates to the prohibition of the systems of armament with depleted uranium

AMENDMENTS
N° 1 OF Mr. VAN DER MAELEN AND CONSORTS
Art 2
To replace this article by the following provision: “Art 2. - Article 3, § 1st, of the law of June 8, 2006 regulating the economic and individual activities with weapons, is supplemented by a 18°, as follows:
“18° weapons and ammunition containing depleted uranium or any other type of industrially produced uranium.”.”

Preceding document:
Doc. 51 2199/(2005/2006):
001: Private bill of Mr. Van der Maelen.

TO REPLACE THE PREVIOUSLY DISTRIBUTED DOCUMENT

N° 2 OF Mr. VAN DER MAELEN AND CONSORTS
Art 3
To replace this article by the following provision:
“Art 3. – The following modifications are made to article 27 of the same law:

a) § 2, subparagraph 1, is replaced by the following subparagraph: “Notwithstanding §1, the use, storage, sale, acquisition and delivery by the State or the public administrations, of the weapons mentioned in article 3, § 1, 1°, 4° and 18°, are prohibited.”

b) §2 is supplemented by a subparagraph 4, as follows: “In the three years following the publication in the Belgian State Monitor of the law of… supplementing the law of June 8, 2006 regulating the economic and individual activities with weapons, the State and the public administrations destroy the existing stock of weapons and ammunition containing of depleted uranium or any other type of industrially produced uranium.”.”

JUSTIFICATION
This amendment rewrites the bill in the light of the new law of June 8, 2006 regulating economic and individual activities with weapons. Article 3 of the bill, which made modifications to article 4 of the law of January 3, 1933, became superfluous. Indeed, article 4 of the law of 1933 from now on is taken up in article 8 of the law of 2006. The provision of exception, which was well taken again with article 4 (subparagraph 2) of the law of 1933 is not included any more in this article 8. Consequently, exemptions from this provision of exception (which had been taken up within subparagraphs 3 and 4 of the law of 1933, amended by the law of 1995) are no longer relevant. Article 8 of the law of 2006 is indeed made out as follows: “No one can manufacture, repair, expose in sale, sell, yield or transport prohibited weapons, hold in deposit, to hold some or in being carrying”. More no exception is thus made and considering that “weapons and ammunition containing depleted uranium or any other type of industrially produced uranium” (after the adoption of this amendment), would be taken again at subparagraph 18 of the first paragraph of article 3 of the law of June 8, 2006, these weapons fall under the definition of “prohibited weapons” described in article 8 of this law.

The authors of the amendment deliberately chose a broad definition of the weapons containing uranium. The phrase “weapons and ammunition containing depleted uranium or any other type of industrially produced uranium”, refers to the fact that depleted uranium is also used for reinforcing the armour of tanks. It is moreover often used in small quantities in landmines. By adding the wording “… or any other type of industrially produced uranium”, the law also forbids the use of weapons that contain depleted uranium polluted by plutonium obtained during the reprocessing of spent nuclear fuel rods.

N° 3 OF Mr. VAN DER MAELEN AND CONSORTS
Art 4
To delete this article.

Dirk VAN DER MAELEN (sp.a-spirit)
Muriel GERKENS (Ecologist)
Joseph ARENS (cdH)
Marie NAGY (Ecologist)

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DOC. 51 2199/003

ROOM OF THE REPRESENTATIVES FROM BELGIUM
March 7, 2007

BILL
supplementing the law of January 3, 1933 1933 relating to the manufacture, trade and possession of weapons and with the trade of the ammunition, to prohibit weapons containing depleted uranium.

AMENDMENTS

N° 4 OF Mr. GORIS AND CONSORTS
(sub-amendment to amendment number 1)

Art 2
To replace the 18° proposed by the following text:
“18° inert ammunition and armour containing depleted uranium or any other type of industrially produced uranium.”.

JUSTIFICATION
The definition suggested is more precise than the preceding one and avoids giving the possibility of interpretations that do not fit the purpose of the law. This more precise definition makes it possible to avoid possible contradictions with international obligations arising from international treaties and/or alliances.

Preceding documents:
Doc. 51 2199/(2005/2006):
001: Bill of Mr. Van der Maelen.
002: Amendments.

N° 5 OF Mr. GORIS AND CONSORTS
(sub-amendment to amendment number 2)

Art 3
In the text proposed under B, in fine, to replace words “the existing stock of weapons and ammunition containing depleted uranium or any other type of industrially produced uranium” with the words “the existing stock of inert ammunition and armour containing depleted uranium or any other type of industrially produced uranium”.

JUSTIFICATION
Refer to the preceding amendment.

N° 6 OF Mr. GORIS AND CONSORTS
Art 5 (new)
To add article 5, as follows:
“Art 5. - The present law comes into force on the first day of the twenty-fifth month following that in which it appears in the Belgian State Monitor.”.

Stef GORIS (VLD)
Ingrid MEEUS (VLD)
Talbia BELHOUARI (PS)
Dirk VAN DER MAELEN (sp.a-spirit)
Philippe MONFILS (MR.)