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5 MAI 2014. - Act enacting the Agreement between the Government of the Kingdom of Belgium and the Government of the French Republic on the Treatment of Belgian Waste Fuels in La Hague, made in Paris on 25 April 2013 (1) (2)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Agreement between the Government of the Kingdom of Belgium and the Government of the French Republic on the Treatment of Belgian Waste Fuels in La Hague, made in Paris on 25 April 2013, will come out its full and full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 5 May 2014.
PHILIPPE
By the King:
Deputy Prime Minister and Minister for Foreign Affairs,
D. REYNDERS
Deputy Prime Minister and Minister of the Interior and Equal Opportunities,
Ms. J. MILQUET
The Secretary of State for Energy,
Mr. WATHELET.
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Notes
(1) Senate (www.senate.be):
Documents: 5-2336.
Annales du Sénat : 13/02/2014.
House of Representatives (www.lachambre.be):
Documents: 53-3371.
Full record: 13/03/2014.
(2) Effective date: 12/06/2014.

AGREEMENT
BELGIUM GOVERNMENT
AND THE GOVERNMENT OF THE FRENCH REPUBLIC
RELATING TO THE TREATMENT OF US COMBUSTIBLES
The Government of the Kingdom of Belgium,
on the one hand,
And
The Government of the French Republic,
on the other hand
CONSIDERANT:
The contract for the treatment of spent fuel from the BR2 research reactor located on the Mol site in Belgium concluded on 10 July 1997 between the General Nuclear Material Company (hereinafter referred to as AREVA NC) and StudieCentrum voor Kernenergie/Centre d'études de l'Energie Nucléaire (hereinafter referred to as SCK-CEN);
The letter from the Minister of Industry of the French Republic dated 7 November 2006 to the Government of the Kingdom of Belgium on a recent amendment to French legislation on the sustainable management of radioactive materials and wastes;
Article L.542-2-1 of the Environmental Code derived from French law No. 2006-739 of 28 June 2006 on the sustainable management of radioactive materials and wastes, of which I states in particular: "Used fuels or radioactive wastes may only be introduced in the national territory for the purposes of processing, research or transfer between foreign States, The introduction to a framework for the purpose of treatment shall only be authorized in the national territory The agreement sets out the predictive times for receiving and processing these substances and whether it takes place the prospects for further use of separate radioactive material during processing »
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ARTICLE 1^er
This Agreement refers to used fuel processing operations under the above-mentioned contract. It is concluded without prejudice to the nuclear safety and radiation protection regulations. In accordance with articles L.542-2 and L-542-2-1 of the French Environmental Code, as provided for in Act No. 2006-739 of 28 June 2006, the entry into the French territory of Belgian used fuels is carried out for the purpose of processing by AREVA NC, and cannot result in the permanent storage of radioactive waste from abroad or of radioactive waste from the treatment of French used fuels on the territory.
The introduction in France of used fuels is authorized subject to compliance with the following provisions and to obtain authorizations for their treatment under the nuclear safety regulations.
ARTICLE 2
The receipt of spent fuel from the BR2 research reactor at the La Hague French reprocessing plant will take place between the date of the entry into force of this Agreement and 31 December 2025.
ARTICLE 3
The treatment of spent fuel from the BR2 research reactor is planned for a period of 6 years following each shipment of spent fuel to the Hague plant, while respecting the following terms.
ARTICLE 4
In accordance with the obligations and commitments agreed to in paragraph 1 of this Agreement, radioactive wastes derived from the treatment of these fuels will be returned to Belgium, which undertakes to receive them as packaged waste. Given the low volume of waste generated by the treatment, the return of these wastes will be optimized by minimizing the number of transport by December 31, 2030.
ARTICLE 5
The French Government undertakes to make the necessary and relevant arrangements to enable the implementation of this Agreement;
The Government of Belgium undertakes to make the necessary and relevant arrangements to enable the implementation of this Agreement;
The Government of Belgium undertakes to ensure compliance with the deadlines set out in this Agreement, in the procedures for authorizations, permits and licences required for the shipment of radioactive waste to a storage or storage facility in Belgium in accordance with the applicable safety rules.
ARTICLE 6
The transport of radioactive waste to the territories of the French Republic, any transit State and the Kingdom of Belgium will be carried out in accordance with the regulations in force.
ARTICLE 7
Uranium and plutonium from the treatment of spent fuel will be recycled as new nuclear fuels in a civil-use reactor.
ARTICLE 8
a. Any dispute between the Governments relating to the application or interpretation of this Agreement shall be resolved through formal consultations between the Parties. These formal consultations are held no later than two months after the receipt of the request from one of the Parties.
b. If within six months a dispute is not resolved in this manner by the Governments with satisfaction of the two Parties, it shall, at the request of either of the Governments concerned, be subject to arbitration.
c. Arbitration is rendered by an Arbitration Board whose composition is ensured as follows:
Each Government shall designate an arbitrator. The two arbitrators so designated shall designate the third arbitrator acting as president.
Members of the Arbitration Board other than the Chair shall be appointed within two months, the Chair within 3 months, from the request for arbitration.
The costs of the Commission are also shared between Parties. Each Party is responsible for the costs of its own representation.
d. If a designation has not been made within the time limit set out in paragraph c. above, each State Party may invite the President of the Court of Justice of the European Union to make the necessary designation.
If the President of the Court is a national of a State concerned, or if he is unable to perform this function for another reason, the Chamber Presidents of that Court shall, in order of seniority, make the necessary designation.
If they are nationals of a State concerned or if they are also prevented from performing this function, the judge of the oldest Court who is not a national of any of the States concerned and who is not prevented for other reasons shall make the necessary designation.
e. The Arbitration Board shall make its decisions by a majority of votes, on the basis of this Agreement and general international law. Arbitrators cannot abstain. The decisions of the Arbitration Board are final, mandatory for Parties, and not subject to appeal.
ARTICLE 9
Each Party shall notify the other of the fulfilment of the constitutional procedures required for the entry into force of this Agreement, which shall take effect on the date of receipt of the second notification.
This Agreement is valid until the date of the last return of radioactive waste from the treatment of spent fuel entering its scope.
DONE in Paris on April 25, 2013, in two original French-language copies.