Posted the: 2014-09-02 Numac: 2014015174 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE 5 may 2014. -Law concerning consent to the agreement between the Government of the Kingdom of Belgium and the Government of the French Republic concerning the Belgian at La Hague spent fuel treatment, done at Paris on 25 April 2013 (1) (2) PHILIPPE, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
2. the agreement between the Government of the Kingdom of Belgium and the Government of the French Republic concerning the treatment of spent fuel Belgian at La Hague, done at Paris on April 25, 2013, will release its full and complete effect.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, may 5, 2014.
PHILIPPE by the King: the Deputy Prime Minister and Minister of Foreign Affairs, D. REYNDERS the Deputy Prime Minister and Minister of the Interior and of equality of opportunity, Ms. J. MILQUET the Secretary of State for energy, M. WATHELET.
Sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Notes (1) Senate (www.senate.be): Documents: 5-2336.
Annals of the Senate: 13/02/2014.
House of representatives (www.lachambre.be): Documents: 53-3371.
Full record: 13/03/2014.
(2) date of entry into force: 12/06/2014.
AGREEMENT between the Government of the Kingdom of Belgium and the Government of the Republic in the matter of the treatment of fuels USES BELGIANS A the HAGUE the Government of Kingdom of Belgium French, on the one hand, and the Government of the French Republic, of the other part whereas: the contract of processing of the spent fuel from the research BR2 reactor located on the site of Mol in Belgium concluded on 10 July 1997 between the General company for nuclear materials (hereinafter referred to as AREVA NC) and StudieCentrum voor Kernenergie/Centre for the study of nuclear energy (hereinafter referred to as the SCK - CEN);
The letter from the Minister of industry of the French Republic dated November 7, 2006, bringing to the attention of the Government of the Kingdom of Belgium a recent amendment of French legislation on the sustainable management of radioactive waste and materials;
Article L.542 - 2-1 of the code of the resulting environment of the Act French No. 2006-739 of 28 June 2006 on the sustainable management of radioactive waste, and materials which the States in particular: 'spent fuel or radioactive waste may be introduced into the national territory only for purposes of treatment, research, or transfer between foreign States. Introduction to treatment purposes may be authorized only under intergovernmental agreements and only on condition that the radioactive waste after treatment of these substances are not stored in France beyond a date fixed by these agreements. "The agreement shows the forecast periods of reception and processing of these substances and is it v takes place further prospects of use of radioactive material separated during treatment" have agreed as follows: ARTICLE 1 this agreement refers to processing of spent fuel, in accordance with the above mentioned contract. It is concluded without prejudice to the rules on nuclear safety and radiation protection. In accordance with articles L.542-2 and L-542-2-1 of the environment code french such as that derived from Act No. 2006-739 of 28 June 2006, the french Belgian spent fuel entry is carried out for the purposes of processing by AREVA NC, and cannot give rise to a final disposal of radioactive waste from abroad or to that of the radioactive waste resulting from the treatment of fuels used in the french territory.
The introduction in France of spent fuel is authorized subject to compliance with the following provisions and obtaining the necessary authorizations for their treatment in respect of nuclear safety regulations.
ARTICLE 2 receipt of the spent fuel from the research reactor BR2 at the reprocessing plant French of La Hague will be made between the date of the entry into force of this agreement and 31 December 2025.
ARTICLE 3 treatment of spent research BR2 reactor fuel is expected within a period of 6 years following each delivery of fuels worn at the la Hague plant, while complying with the following terms.
ARTICLE 4 in fulfilment of the obligations and commitments agreed in point 1 of this agreement, radioactive waste from the processing of these fuels will be returned in Belgium, who undertakes to be approved in the form of conditioned waste packages. Given the low volume of waste generated by the treatment, the return of these wastes will be a optimized by minimizing the number of transport, no later than December 31, 2030.
ARTICLE 5 the french Government undertakes to make the necessary arrangements and subject to its jurisdiction to allow the execution of this agreement;
The Belgian Government undertakes to make the necessary arrangements and subject to its jurisdiction to allow the execution of this agreement;
The Belgian Government is committed to ensuring the respect of deadlines in this agreement, in the procedures for authorizations, permits and licences necessary for delivery in Belgium of radioactive waste in a storage Center or storage meets security in force rules.
ARTICLE 6 the transport of radioactive waste on the territories of the French Republic, of any State of transit and the Kingdom of Belgium, will be carried out in accordance with the regulations in force.
ARTICLE 7 the uranium and plutonium from spent fuel processing will be recycled in the form of new nuclear fuel in a reactor to civilian use.
ARTICLE 8A. Any dispute between Governments relating to the application or interpretation of this agreement is settled through formal consultations between the Parties.
These formal consultations take place at the latest two months after the receipt of the request from one of the Parties.
(b) if within a period of six months a dispute is not resolved in this way by Governments with satisfaction of both Parties, it is submitted, at the request of one or other of the Governments concerned, to arbitration.
c. arbitration is made by an Arbitration Commission whose composition is provided in the following manner: each Government shall appoint an arbitrator. The two arbitrators so designated shall appoint the third arbitrator who served as president.
Members of the Arbitration Commission other than the President are designated within a period of two months, the president within a period of 3 months from the request for arbitration.
The costs of the Commission are shared equally between the Parties. Each party is responsible for the expenses of its own representation.
d. If a designation has not been made within the period prescribed in paragraph c above, each of the States parties may invite the president of the Court of Justice of the European Union to proceed to the necessary appointment.
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 presidents of Chambers of this Court make, by order of seniority, the designation required.
If they are nationals of a State concerned or if they are also prevented from assuming this function, the judge of the oldest court who is not a national of any of the States concerned and which is not prevented for other reasons, carry out necessary designation.
e. the Arbitration Board shall take its decisions by majority vote, on the basis of this agreement and general international law.
The arbitrators cannot refrain. The decisions of the Arbitration Board are final, binding on the Parties and not subject to appeal.
ARTICLE 9 each party notifies the other the completion of the constitutional procedures required with the regard to the entry into force of the present agreement, which takes effect the day of reception of the second notification.
This agreement is valid until the date of the last return of radioactive waste from the processing of fuel used falling within its scope.
DONE at Paris on April 25, 2013, in two originals in English.