2 AOUT 2002. - Act to approve the Joint Convention on the Safety of Waste Fuel Management and on the Safety of Radioactive Waste Management, made in Vienna on 5 September 1997 (1)

ALBERT II, 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 Joint Convention on the Safety of Waste Fuel Management and on the Safety of Radioactive Waste Management, held in Vienna on 5 September 1997, will come out with its full and complete 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 Punat on 2 August 2002.
ALBERT
By the King:
Minister of Foreign Affairs,
L. MICHEL
The Minister of Employment,
Ms. L. ONKELINX
Minister of Mobility and Transport,
Mrs. DURANT
The Minister of the Interior,
A. DUQUESNE
State Secretary for Energy and Sustainable Development,
O. DELEUZE
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Notes
(1) Session 2001-2002.
Senate.
Documents. - Bill tabled on 11 January 2002, No. 2-1007/1. - Report, no. 2-1007/2.
Annales parlementaire .
Discussion meeting of 25 April 2002. - Vote, meeting of 25 April 2002.
Room.
Session 2001-2002.
Documents. - Project transmitted by the Senate, No. 50-1765/1. - Text adopted in plenary and subject to Royal Assent, No. 50-1765/2.
Annales parliamentaiers.
Discussion, meeting of May 23, 2002. - Vote, meeting of 23 May 2002.

Joint Convention on the Safety of Waste Fuel Management and on the Safety of Radioactive Waste Management
Preamble
Contracting Parties,
(i) Acknowledging that the excelation of nuclear reactors produces spent fuel and radioactive waste and that other nuclear technology applications also generate radioactive waste;
(ii) Acknowledging that the same safety objectives are both for the management of used fuel and for radioactive wastes;
(iii) Reaffirming the importance for the international community to ensure that sound practices are implemented for the safety of waste and radioactive waste management;
(iv) Recognizing the importance of informing the public on issues related to the safety of waste fuel and radioactive waste management;
(v) Desiring to promote a true culture of nuclear safety worldwide;
(vi) Reaffirming that the State is ultimately responsible for ensuring the safety of the management of spent fuel and radioactive wastes;
(vii) Acknowledging that it is up to the State to define a fuel cycle policy, some states considering that used fuel is a value resource, which can be retired, others choosing to store it permanently;
(viii) Recognizing that used fuel and radioactive waste not covered by this Convention should be managed in accordance with the objectives set out in this Convention;
(ix) Affirming the importance of international cooperation in strengthening the safety of waste fuel and radioactive waste management through bilateral and multilateral mechanisms and this incentive Convention;
(x) Bearing in mind the needs of developing countries, in particular the least developed countries, and countries with economies in transition, as well as the need to facilitate the functioning of existing mechanisms in order to contribute to the exercise of their rights and to the fulfilment of their obligations as set out in this Incentive Convention;
(xi) Convinced that radioactive waste should, to the extent that it is compatible with the safety of the management of these materials, be permanently stored in the State where it has been produced, while acknowledging that, in certain circumstances, safe and effective management of used fuel and radioactive waste could be promoted through agreements between Contracting Parties for the use of facilities located in one of them for the benefit of other Parties,
(xii) Recognizing that any State has the right to prohibit the importation into its territory of used fuel and radioactive waste of foreign origin;
(xiii) Bearing in mind the Convention on Nuclear Safety (1994), the Convention on the Rapid Notification of a Nuclear Accident (1986), the Convention on Assistance in the Event of a Nuclear Accident or Radiological Emergency (1986), the Convention on the Physical Protection of Nuclear Material (1980), the Convention on the Prevention of Pollution from Seas resulting from the Disposal of Wastes and Other Materials, as amended (1994), and other relevant international instruments;
(xiv) Bearing in mind the principles set out in the International Basic Standards for the Protection against Atomic Radiation and the Safety of Radiation Sources (1996), established under the auspices of several organizations, in the IAEA (Safety Fittings) document entitled " Principles for the Management of Radioactive Wastes" (1996), as well as in existing international standards governing the safe transport of radioactive materials;
(xv) Recalling chapter 22 of Agenda 21 adopted by the United Nations Conference on Environment and Development in Rio de Janeiro in 1992, which reaffirms the paramount importance of safe and environmentally sound management of radioactive wastes;
(xvi) Acknowledging the desirability of strengthening the international control system specifically applicable to radioactive materials referred to in Article 1.3) of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (1989);
The following agreed:
CHAPTER PREMIER. - Objectives, definitions and scope
ARTICLE I^er. - Objectives
The objectives of this Convention are:
(i) Achieving and maintaining a high level of safety worldwide in the management of waste fuel and radioactive waste, through the strengthening of national measures and international cooperation, including, where appropriate, technical cooperation in the field of safety;
(ii) Ensure that at all stages of waste fuel and radioactive waste management there are effective defences against potential risks so that individuals, society and the environment are protected, today and in the future, against the harmful effects of ionizing radiation, so that it is satisfied with the needs and aspirations of the current generation without compromising the ability of future generations to meet their needs;
(iii) Prevent accidents with radiological consequences and mitigate these consequences if such accidents occur at any stage of the management of spent fuel or radioactive waste.
ARTICLE 2
Definitions
For the purposes of this Convention:
(a) "Authorization" means any authorization, permission or certification issued by a regulatory body to undertake any activity related to the management of spent fuel or radioactive waste;
(b) "ustible worn" means nuclear fuel that was irradiated in the heart of a reactor and that was permanently removed from it;
(c) "Radioactive waste" means radioactive material in a gaseous, liquid or solid form for which no subsequent use is provided by the Contracting Party or by a natural or legal person whose decision is accepted by the Contracting Party and which is controlled as radioactive waste by a regulatory body in accordance with the legislative and regulatory framework of the Contracting Party;
(d) "Declassification" means all steps leading to the lifting of regulatory control over a nuclear facility other than a permanent storage facility. These steps include decontamination and dismantling operations;
(e) "Useful life" means the period in which a waste or radioactive waste management facility is used for intended purposes. In the case of a permanent storage facility, this period begins at the time when used fuel or radioactive waste is first installed in the facility and ends with the closure of the facility;
(f) "Storage" means the detention of spent fuel or radioactive waste in a facility that ensures its containment, with the intention of recovering it;
(g) "States of destination" means the State to which a transboundary movement is planned or taking place;
(h) "State of origin" means the State from which a transboundary movement is planned or engaged;
(i) "State of transit" means any State, other than the State of origin or the State of destination, through the territory of which a transboundary movement is planned or takes place;
(j) "Closing" means the completion of all operations for some time after the installation of used fuel or radioactive waste in a permanent storage facility. These operations include the latest works or other work required to ensure the long-term safety of the facility;
(k) "Radioactive waste management" means all activities, including decommissioning activities, that relate to the handling, pre-treatment, processing, packaging, storage or final storage of radioactive waste, excluding transportation outside a site. This may also include effluent discharges;
(l) "Management of used fuel" means all activities related to the handling or storage of used fuel, excluding transportation outside a site. This may also include effluent discharges;
(m) "Management facility for used fuel" means any facility or facility that is primarily used to manage used fuel;
(n) "Radioactive waste management facility" means any facility or establishment that is primarily intended for the management of radioactive waste, including a nuclear facility being decommissioned, provided that it is defined by the Contracting Party as a radioactive waste management facility;
(o) "Nuclear Installation" means a civilian facility with its land, buildings and equipment, in which radioactive materials are produced, processed, used, manipulated, stored or permanently stored at such a level as to be considered safety provisions;
(p) "Transboundary Movement" means any shipment of used fuel or radioactive waste from a State of origin to a State of destination;
(q) "Regulation Organization" means one or more organizations invested by the Contracting Party of the legal authority to regulate any aspect of the safety of waste or radioactive waste management, including the issuance of authorizations;
(r) "Rejection of effluents" means emissions to the environment of liquid or gaseous radioactive material as a legitimate practice during normal operation of regulated nuclear facilities. These emissions are programmed and controlled within the limits authorized by the regulator;
(s) "Retreatment" means a process or operation intended to extract radioactive isotopes from spent fuel for further use;
(t) "sealed source" means radioactive material that is permanently enclosed in a capsule or fixed in a solid form, excluding fuel elements for reactors;
(u) "Definitive storage" means the establishment of used fuel or radioactive waste in an appropriate facility without intent to recover them.
ARTICLE 3
Scope
1. This Convention applies to the safety of the management of used fuel when it results from the operation of civilian nuclear reactors. The spent fuel in reprocessing facilities that is the subject of a reprocessing activity does not fall within the scope of this Convention unless the Contracting Party declares that reprocessing is part of the waste fuel management.
2. This Convention also applies to the safety of the management of radioactive wastes when it comes from civil applications. However, it does not apply to wastes that contain only natural radioactive material and do not originate from the nuclear fuel cycle unless they constitute a sealed source removed from the service or are declared as radioactive waste for the purposes of this Convention by the Contracting Party.
3. This Convention does not apply to the safety of waste fuel management or radioactive waste that is part of military or defence programs, unless they have been declared as waste or radioactive waste for the purposes of this Convention by the Contracting Party. However, this Convention applies to the safety of the management of spent fuel and radioactive waste from military or defence programs if and when these materials are permanently transferred to exclusively civilian and managed programs under these programs.
4. This Convention also applies to effluent discharges in accordance with the provisions of Articles 4, 7, 11, 14, 24 and 26.
CHAPTER 2. - Waste fuel management safety
ARTICLE 4
General safety requirements
Each Contracting Party shall take appropriate measures to ensure that, at all stages of waste fuel management, individuals, society and the environment are adequately protected against radiological risks.
In doing so, each Contracting Party shall take appropriate measures to:
(i) ensure that the criticality and disposal of residual heat produced during the management of spent fuel is adequately addressed;
(ii) Ensure that the production of radioactive wastes related to waste fuel management is maintained at the lowest possible level, taking into account the type of fuel cycle policy adopted;
(iii) Consider the interdependence between the different stages of waste fuel management;
(iv) Ensure effective protection of individuals, society and the environment by applying appropriate protection methods at the national level that have been approved by the regulatory body within the framework of its national legislation, which duly takes into account internationally approved criteria and standards;
(v) Take into account biological, chemical and other risks that may be associated with waste fuel management;
(vi) To try to avoid actions whose reasonably foreseeable effects on future generations are greater than those admitted to the current generation;
(vii) Seek to avoid imposing excessive constraints on future generations.
ARTICLE 5
Existing installations
Each Contracting Party shall take appropriate measures to consider the safety of any existing used fuel management facility at the time this Convention enters into force with respect to it and to ensure that, where necessary, all reasonable improvements are made to it with a view to enhancing its safety.
ARTICLE 6
Selection of project facility site
1. Each Contracting Party shall take appropriate measures to ensure that procedures are established and implemented for a project-used fuel management facility, with a view to:
(i) Evaluate all relevant site-related factors that may affect the safety of this facility for the duration of its useful life;
(ii) To assess the impact that this facility is likely to have, from a safety perspective, on individuals, society and the environment;
(iii) To provide information on the safety of this facility to the public;
(iv) To consult with the neighbouring Contracting Parties of such a facility, to the extent that it is likely to have consequences for them, and to communicate to them, at their request, general data concerning the facility in order to enable them to assess the likely impact of the facility on their territory.
2. In doing so, each Contracting Party shall take appropriate measures to ensure that such facilities do not have unacceptable effects on other Contracting Parties by selecting their site in accordance with the general safety requirements set out in Article 4.
ARTICLE 7
Design and construction of facilities
Each Contracting Party shall take appropriate measures to:
(i) When designing and building a used fuel management facility, appropriate measures are planned to limit the potential radiological impacts on individuals, society and the environment, including those due to effluent discharges or uncontrolled emissions;
(ii) At the design stage, the most theoretical and, as appropriate, technical provisions for the decommissioning of a used fuel management facility are taken into account;
(iii) The technologies used in the design and construction of a used fuel management facility are based on experience, testing or analysis.
ARTICLE 8
Facility safety assessment
Each Contracting Party shall take appropriate measures to:
(i) Prior to the construction of a used fuel management facility, a systematic safety assessment and environmental assessment shall be conducted that are appropriate to the risk presented to the facility and cover its useful life;
(ii) Prior to the operation of a used fuel management facility, updated and detailed versions of the safety assessment and environmental assessment are established, where deemed necessary, to complete the assessment referred to in paragraph (i).
ARTICLE 9
Facilities operation
Each Contracting Party shall take appropriate measures to:
(i) The authorization to operate a used fuel management facility is based on the appropriate assessments specified in section 8 and is subject to the execution of a commissioning program demonstrating that the facility, as constructed, is in compliance with the design and safety requirements;
(ii) Limits and operating conditions arising from testing, operating experience and assessments specified in section 8 shall be defined and revised if necessary;
(iii) The operation, maintenance, monitoring, inspection and testing of a used fuel management facility shall be carried out in accordance with established procedures;
(iv) Engineering and technology support in all safety-related areas is available throughout the useful life of a used fuel management facility;
(v) Significant security incidents are reported on time by the licensee to the regulatory organization;
(vi) Programs for the collection and analysis of relevant data from the operating experience are in place and follow-up to the results obtained, where applicable;
(vii) Plans for decommissioning of a used fuel management facility are developed and updated, as appropriate, using information obtained during the useful life of this facility, and are reviewed by the regulator.
ARTICLE 10
Final storage of spent fuel
If, in accordance with its own legislative and regulatory framework, a Contracting Party has designated used fuel for final storage, it shall be carried out in accordance with the obligations set out in Chapter 3 with respect to the final storage of radioactive wastes.
CHAPTER 3. - Safety of radioactive waste management
ARTICLE 11
General safety requirements
Each Contracting Party shall take appropriate measures to ensure that, at all stages of radioactive waste management, individuals, society and the environment are adequately protected against radiological and other risks.
In doing so, each Contracting Party shall take appropriate measures to:
(i) ensure that the criticality and disposal of the residual heat produced during the management of radioactive waste is adequately addressed;
(ii) ensure that the production of radioactive waste is maintained at the lowest possible level;
(iii) take into account the existing links of independence between the various stages of radioactive waste management;
(iv) ensure effective protection of individuals in society and the environment by applying appropriate protection methods at the national level that have been approved by the regulatory body within the framework of national legislation, which duly takes into account internationally approved criteria and standards;
(v) take into account biological, chemical and other risks that may be associated with the management of radioactive wastes;
(vi) endeavour to avoid actions whose reasonably foreseeable effects on future generations are greater than those admitted to the current generation;
(vii) seek to avoid imposing excessive constraints on future generations.
ARTICLE 12
Existing installations and previous practices
Each Contracting Party shall take appropriate measures in time to consider:
(i) The security of any existing radioactive waste management facility at the time this Convention enters into force for it and ensure that, if necessary, all reasonable improvements to it may be made to enhance its safety;
(ii) The consequences of previous practices to determine whether an intervention is necessary for radiation protection reasons without losing sight of the fact that the reduction of damage resulting from the decrease in dose should be sufficient to justify the negative effects and costs associated with the intervention, including social costs.
ARTICLE 13
Selection of project facility site
1. Each Contracting Party shall take appropriate measures to ensure that procedures are established and implemented for a project radioactive waste management facility, with a view to:
(i) To assess all relevant site-related factors that may affect the safety of this facility for the duration of its useful life and that of a permanent storage facility after its closure;
(ii) To assess the impact that this facility is likely to have, from a safety perspective, on individuals, society and the environment, taking into account the possible evolution of the state of the site of permanent storage facilities after their closure;
(iii) To provide information on the safety of this facility to the public;
(iv) To consult with the neighbouring Contracting Parties of such a facility, to the extent that it is likely to have consequences for them, and to communicate to them, at their request, general data concerning the facility in order to enable them to assess the likely impact of the facility on their territory.
2. In doing so, each Contracting Party shall take appropriate measures to ensure that such facilities do not have unacceptable effects on other Contracting Parties by selecting their site in accordance with the general safety requirements set out in Article 11.
ARTICLE 14
Design and construction of facilities
Each Contracting Party shall take appropriate measures to:
(i) When designing and constructing a radioactive waste management facility, appropriate measures are planned to limit the potential radiological impacts on individuals, society and the environment, including those due to effluent discharges or uncontrolled emissions;
(ii) At the design stage, consideration shall be given to theoretical plans and, as appropriate, technical provisions for the decommissioning of a radioactive waste management facility other than a permanent storage facility;
(iii) At the design stage, technical provisions are developed for the closure of a permanent storage facility,
(iv) The technologies used in the design and construction of a radioactive waste management facility are based on experience, testing or analysis.
ARTICLE 15
Facility safety assessment
Each Contracting Party shall take appropriate measures to:
(i) Prior to the construction of a radioactive waste management facility, a systematic safety assessment and environmental assessment shall be conducted that are appropriate to the risk posed by the facility and cover its useful life;
(ii) In addition, prior to the construction of a permanent storage facility, a systematic safety assessment and environmental assessment for the period following the closure is conducted and the results are evaluated based on the criteria established by the regulatory body;
(iii) Prior to the operation of a radioactive waste management facility, updated and detailed versions of the safety assessment and environmental assessment are established, where deemed necessary, to complete the assessments referred to in paragraph (i).
ARTICLE 16
Facilities operation
Each Contracting Party shall take appropriate measures to:
(i) The authorization to operate a radioactive waste management facility is based on the appropriate assessments specified in section 15 and is subject to the execution of a commissioning program demonstrating that the facility, as constructed, is in compliance with the design and safety requirements;
(ii) Limits and operating conditions arising from testing, operating experience and evaluations specified in section 15 are defined and revised if necessary;
(iii) The operation, maintenance, monitoring, inspection and testing of a radioactive waste management facility shall be carried out in accordance with established procedures. In the case of a final storage facility, the results obtained are used to verify and review the validity of the advanced assumptions and to update the assessments specified in Article 15 for the period following the closure;
(iv) Engineering and technology support in all safety-related areas is available throughout the useful life of a radioactive waste management facility;
(v) Procedures for the characterization and separation of radioactive wastes are applied;
(vi) Significant security incidents are reported on time by the licensee to the regulator;
(vii) Programs for the collection and analysis of relevant data from the operating experience are in place and follow-up to the results obtained, where applicable;
(viii) Plans for the decommissioning of a radioactive waste management facility, other than a permanent storage facility, shall be developed and updated, as appropriate, using information obtained during the useful life of that facility, and be reviewed by the regulatory body;
(ix) Plans for the closure of a permanent storage facility will be developed and updated, as appropriate, using information obtained during the useful life of the facility, and be reviewed by the regulatory body.
ARTICLE 17
Institutional measures after closure
Each Contracting Party shall take appropriate measures to ensure that, after the closure of a final storage facility:
(i) Records required by the regulatory body regarding the location, design and content of the facility are retained;
(ii) Institutional, active or passive controls, such as monitoring or access restrictions, are ensured if necessary;
(iii) If, during any period of active institutional control, an unscheduled emission of radioactive material in the environment is detected, intervention measures will be implemented if necessary.
CHAPTER 4. - General safety provisions
ARTICLE 18
Implementation measures
Each Contracting Party shall take, in domestic law, legislative, regulatory and administrative measures and other provisions necessary to fulfil its obligations under this Convention.
ARTICLE 19
Legislative and regulatory framework
1. Each Contracting Party shall establish and maintain a legislative and regulatory framework to govern the safety of fuel and radioactive waste management.
2. This legislative and regulatory framework provides:
(i) Establishment of relevant national radiological safety requirements and regulations;
(ii) A licensing system for waste and radioactive waste management activities;
(iii) A system prohibiting operation without authorization of a waste fuel management facility or radioactive waste;
(iv) An appropriate institutional control system, regulatory inspection, documentation and reporting;
(v) Measures to enforce applicable regulations and conditions of authorization;
(vi) A clear distribution of the agencies involved in the various phases of waste fuel management and radioactive waste management.
3. When considering whether radioactive material should be subject to the regulations applicable to radioactive wastes, Contracting Parties shall take due account of the objectives of this Convention.
ARTICLE 20
Regulatory body
1. Each Contracting Party shall establish or designate a regulatory body to implement the legislative and regulatory framework referred to in Article 19, with the appropriate powers, competence and financial and human resources to assume the responsibilities assigned to it.
2. Each Contracting Party shall, in accordance with its legislative and regulatory framework, take appropriate measures to ensure the effective independence of regulatory functions from other functions in organizations that deal with both the management of spent fuel or radioactive wastes and the regulation of such functions.
ARTICLE 21
Liability of the licensee
1. Each Contracting Party shall take the necessary steps to ensure that the primary responsibility for the safety of the management of spent fuel or radioactive waste is vested with the licensee of the relevant authority and shall take the appropriate measures to ensure that each holder of such authorization is responsible.
2. In the absence of an authorization holder or other responsible party, the responsibility rests with the Contracting Party that has jurisdiction over used fuel or radioactive waste.
ARTICLE 22
Human and financial resources
Each Contracting Party shall take appropriate measures to:
(i) Qualified personnel required for safety-related activities during the useful life of a waste fuel management facility and radioactive waste;
(ii) Adequate financial resources are available to ensure the safety of waste fuel and radioactive waste management facilities during their useful life and for decommissioning;
(iii) Financial arrangements are made to ensure continuity of appropriate institutional controls and monitoring measures as long as they are deemed necessary after the closure of a permanent storage facility.
ARTICLE 23
Quality assurance
Each Contracting Party shall take the necessary measures to establish and implement appropriate quality assurance programs for the safety of waste and radioactive waste management.
ARTICLE 24
Radiation protection during operation
1. Each Contracting Party shall take appropriate measures to ensure that, during the useful life of a waste fuel management facility or radioactive waste:
(i) The exposure of workers and the public to radiation from the facility is maintained at the lowest level that is reasonably possible to achieve, taking into account economic and social factors;
(ii) No individual shall be exposed in normal situations to radiation doses exceeding the prescribed dose limits at the national level, with due regard to internationally approved radiation protection standards;
(iii) Measures are taken to prevent unscheduled and uncontrolled emissions of radioactive material in the environment.
2. Each Contracting Party shall take appropriate measures to ensure that effluent releases are limited:
(i) To maintain exposure to ionizing radiation at the lowest level that is reasonably possible to achieve, taking into account economic and social factors;
(ii) In such a way that no individual is exposed, in normal situations, to radiation doses exceeding the prescribed dose limits at the national level, which take due account of internationally approved radiation protection standards.
3. Each Contracting Party shall take appropriate measures to ensure that during the useful life of a regulated nuclear facility, in the event that an unscheduled or uncontrolled emission of radioactive material in the environment would occur, appropriate corrective measures shall be implemented to control and mitigate the emissions.
ARTICLE 25
Organization for Emergency Cases
1. Each Contracting Party shall ensure that, before and during the operation of a waste fuel management facility or radioactive waste, emergency plans for the site and, where necessary, appropriate off-site contingency plans are in place. These emergency plans should be tested at appropriate intervals.
2. Each Contracting Party shall take appropriate measures to develop and test contingency plans for its territory to the extent that it is likely to be affected in the event of a radiological emergency in a waste fuel management facility or radioactive waste adjacent to its territory.
ARTICLE 26
Declassification
Each Contracting Party shall take appropriate measures to ensure the safety of the decommissioning of a nuclear facility. These measures must ensure that:
(i) Qualified personnel and adequate financial resources are available;
(ii) The provisions of section 24 concerning radiation protection during operation, discharge of effluents and unscheduled and uncontrolled emissions are applied;
(iii) The provisions of Article 25 concerning the organization for emergencies are applied;
(iv) Records containing important information for declassification are retained.
CHAPTER 5. - Miscellaneous provisions
ARTICLE 27
Transboundary movements
1. Each Contracting Party concerned by a transboundary movement shall take appropriate measures to ensure that this movement is carried out in a manner consistent with the provisions of this Convention and the relevant international instruments that are binding.
In so doing:
(i) A Contracting Party that is a State of origin shall take the appropriate measures to ensure that this transboundary movement is authorized and shall take place only after notification to the State of destination and only with the consent of the State of destination;
(ii) The transboundary movement through transit States is subject to relevant international obligations for the particular modes of transport used;
(iii) A Contracting Party that is a State of destination consents to a transboundary movement only if it has the administrative and technical means and regulatory structure necessary to manage used fuel or radioactive waste in a manner consistent with this Convention;
(iv) A Contracting Party that is a State of origin only authorizes a transboundary movement if it can ensure, in accordance with the consent of the State of destination, that the requirements set out in paragraph (iii) are met prior to the transboundary movement;
(v) A Contracting Party that is a State of origin shall take appropriate measures to authorize the return to its territory, if a transboundary movement is not or may not be carried out in accordance with this Article, unless another safe arrangement may be concluded.
2. A Contracting Party shall not issue an authorization for the shipment of its used fuel or radioactive waste, for storage or final storage, to a destination located south of 60 degrees of south latitude.
3. Nothing in this Convention shall prejudice or prejudice:
(i) The exercise by ships and aircraft of all States of the rights and freedoms of marine, river and air navigation, as provided for in international law;
(ii) The rights of a Contracting Party to which radioactive wastes are being exported to be treated to redistribute radioactive wastes and other products after processing to the State of origin or to make arrangements for that purpose;
(iii) The right of a Contracting Party to export its used fuel for reprocessing purposes;
(iv) The rights of a Contracting Party to which used fuel is exported to be withdrawn from redistributing radioactive wastes and other products resulting from reprocessing operations to the State of origin or to make arrangements for that purpose.
ARTICLE 28
Sealed sources removed from service
1. Each Contracting Party shall, in domestic law, take appropriate measures to ensure that the detention, reconditioning or final storage of sealed sources removed from the service is carried out in a secure manner.
2. A Contracting Party authorizes the return to its territory of sealed sources removed from the service if, in domestic law, it has accepted that such sources be re-assigned to a manufacturer authorized to receive and hold sealed sources removed from the service.
CHAPTER 6. - Meetings of Contracting Parties
ARTICLE 29
Preparatory meeting
1. A preparatory meeting of the Contracting Parties shall be held within six months of the date of entry into force of this Convention.
2. At this meeting, Contracting Parties:
(i) Set the date of the first review meeting referred to in section 30. The Convention shall take place as soon as possible within thirty months of the date of entry into force of this Convention;
(ii) Develop and adopt by consensus the Rules of Procedure and the Financial Rules;
(iii) Set in particular and in accordance with the Rules of Procedure:
(a) Guidelines on the form and structure of national reports to be submitted pursuant to Article 32;
(b) A date for the submission of such reports;
(c) The procedure for examining these reports.
3. Any State or regional integration organization or any other nature that ratifies, accepts, approves, confirms or adheres to this Convention and for which or for which this Convention is not yet in force may attend the preparatory meeting as if it or if it were a Party to this Convention.
ARTICLE 30
Review meetings
1. Contracting Parties shall hold meetings to consider reports submitted pursuant to Article 32.
2. At each review meeting, Contracting Parties:
(i) Set the date of the next review meeting, the interval between the review meetings should not exceed three years;
(ii) Re-examine the arrangements made under article 29, paragraph 2, and adopt revisions by consensus, unless otherwise provided in the Rules of Procedure. They may also amend by consensus the Rules of Procedure and the Financial Rules.
3. At each review meeting, each Contracting Party has a reasonable opportunity to discuss the reports submitted by the other Contracting Parties and to request clarification on them.
ARTICLE 31
Extraordinary meetings
A special meeting of the Contracting Parties shall be held:
(i) If so decided by a majority of the Contracting Parties present and voting at a meeting;
(ii) Upon written request from a Contracting Party, within six months from the time that this request has been communicated to the Contracting Parties and where the secretariat referred to in Article 37 has received notification that the request has been supported by the majority of them.
ARTICLE 32
Reports
1. In accordance with the provisions of Article 30, each Contracting Party shall submit a national report to each meeting of the Contracting Parties. The report addresses the steps taken to fulfil each of the obligations set out in the Convention. For each Contracting Party, the report also covers:
(i) Its policy on waste fuel management;
(ii) its practices in the management of spent fuel;
(iii) Its policy on the management of radioactive wastes;
(iv) its radioactive waste management practices;
(v) The criteria it applies to define and classify radioactive waste.
2. The report also includes:
(i) A list of used fuel management facilities to which this Convention applies, including their location, main object and essential characteristics;
(ii) An inventory of used fuel to which this Convention applies and which is stored or has been permanently stored. This inventory includes a description of the materials and, if available, information on the mass and total activity of these materials;
(iii) A list of radioactive waste management facilities to which this Convention applies, with an indication of their location, principal object and essential characteristics;
(iv) An inventory of radioactive waste to which this Convention applies which:
(a) are stored in radioactive waste management facilities and in nuclear fuel cycle facilities;
b. have been permanently stored; or
c. results from previous practices.
This inventory includes a description of the materials and other relevant information available, such as volume or mass information, activity and certain radionuclides;
v. A list of nuclear facilities being decommissioned, indicating the status of decommissioning activities at these facilities.
ARTICLE 33
Participation
1. Each Contracting Party shall participate in meetings of Contracting Parties; it is represented by a delegate and, to the extent that it considers it necessary, by alternates, experts and advisers.
2. Contracting Parties may invite, by consensus, any intergovernmental organization that is competent for matters governed by this Convention to attend, as an observer, any meeting or meetings of a meeting. Observers are required to accept in writing and in advance the provisions of Article 36.
ARTICLE 34
Synthesis reports
The Contracting Parties shall adopt, by consensus, and make available to the public a document on matters that have been considered and conclusions that have been drawn during meetings of the Contracting Parties.
ARTICLE 35
Languages
1. The languages of the meetings of the Contracting Parties are English, Arabic, Chinese, Spanish, French and Russian, unless otherwise provided by the Rules of Procedure.
2. Any report submitted pursuant to Article 32 shall be drawn up in the national language of the Contracting Party which presents it or in a single language which shall be mutually agreed in the Rules of Procedure. In the event that the report is submitted in a national language other than the designated language, a translation of the report is provided by the Contracting Party.
3. Notwithstanding the provisions of paragraph 2, the secretariat shall be responsible for the translation into the designated language of the reports submitted in any other language of the meeting.
ARTICLE 36
Confidentiality
1. The provisions of this Convention shall not affect the rights and obligations of Contracting Parties, in accordance with their legislation, to prevent the disclosure of information. For the purposes of this article, the term "information" includes, inter alia, information relating to national security or physical protection of nuclear materials, information protected by intellectual property rights or industrial or commercial secrecy, and personal data.
2. Where, within the framework of this Convention, a Contracting Party shall provide information specifying that it is protected as set out in paragraph 1, such information shall be used only for the purposes for which it has been provided and its confidential nature shall be respected.
3. With regard to information relating to spent fuel or radioactive waste that enters the scope of this Convention under Article 3, paragraph 3, the provisions of this Convention shall not affect the sovereign power of the Contracting Party concerned to decide:
(i) To classify or not this information, or to submit it to another form of control, to prevent its dissemination;
(ii) If the information referred to in paragraph (i) above is to be provided under the Convention;
(iii) Confidentiality with such information if communicated within the framework of this Convention.
4. The content of the discussions that take place during the review of national reports at each review meeting held in accordance with Article 30 is confidential.
ARTICLE 37
Secretariat
1. The International Atomic Energy Agency (hereinafter referred to as the "Agency") provides the secretariat for meetings of Contracting Parties.
2. The secretariat:
(i) convenes meetings of Contracting Parties operating under articles 29, 30 and 31, prepares and ensures the proper functioning of the meetings;
(ii) Provides to Contracting Parties information received or prepared in accordance with the provisions of this Convention.
Expenditures incurred by the Agency to perform the tasks set out in subparagraphs (i) and (ii) above are covered under its regular budget.
3. Contracting Parties may, by consensus, request the Agency to provide other services for meetings of Contracting Parties. The Agency may provide these services if it is possible to provide these services within its program and regular budget. If this is not possible, the Agency may provide these services if they are voluntarily funded by another source.
CHAPTER 7. - Final clauses and other provisions
ARTICLE 38
Regulation of disagreements
In the event of disagreement between two or more Contracting Parties with respect to the interpretation or application of this Convention, Contracting Parties shall consult within the framework of a meeting of the Contracting Parties with a view to resolving this disagreement. In the event that such consultations are unproductive, mediation, conciliation and arbitration mechanisms under international law may be used, including the rules and practices in force within the Agency.
ARTICLE 39
Signature, ratification, acceptance, approval, accession
1. This Convention is open for signature by all States at Agency Headquarters, Vienna, from 29 September 1997 and until its entry into force.
2. This Convention is subject to ratification, acceptance or approval by signatory States.
3. Following its entry into force, this Convention is open to the accession of all States.
4. (i) This Convention shall be open for signature, subject to confirmation, or for accession to regional integration organizations or to another nature, provided that each of these organizations is constituted by sovereign States and has jurisdiction to negotiate, conclude and implement international agreements covering areas covered by this Convention.
(ii) In their areas of competence, these organizations, on their own behalf, exercise the rights and assume the responsibilities assigned by this Convention to States parties.
(iii) By becoming a Party to this Convention, such an organization shall transmit to the depositary referred to in article 43 a declaration indicating which member States are, which articles of this Convention are applicable to it and what extent its competence in the field covered by these articles.
(iv) Such an organization does not have its own voice in addition to those of its member States.
5. Instruments of ratification, acceptance, approval, accession or confirmation shall be deposited with the depositary.
ARTICLE 40
Entry into force
1. This Convention shall enter into force on the ninetieth day after the date of deposit, with the depositary, of the twenty-fifth instrument of ratification, acceptance or approval, provided that such an instrument has been deposited by fifteen States each with a nuclear power plant in service.
2. For each State or regional integration organization or other nature that ratifies this Convention, accepts, approves, confirms or adheres to it after the date of deposit of the last instrument required for the conditions set out in paragraph 1^er The present Convention shall enter into force on the ninetieth day after the date of deposit with the depositary of the appropriate instrument by that State or organization.
ARTICLE 41
Amendments to the Convention
1. Any Contracting Party may propose an amendment to this Convention. The proposed amendments are considered at a review meeting or extraordinary meeting.
2. The text of any proposed amendment and the reasons for this amendment shall be communicated to the depositary who shall transmit the proposal to the Contracting Parties at least ninety days before the meeting to which the amendment is submitted for consideration. All comments received regarding the proposal shall be communicated to the Contracting Parties by the depositary.
3. The Contracting Parties shall, after considering the proposed amendment, decide whether to adopt it by consensus or, in the absence of consensus, to submit it to a diplomatic conference. Any decision to submit a proposed amendment to a diplomatic conference shall be taken by a two-thirds majority of the Contracting Parties present and voting at the meeting, provided that at least half of the Contracting Parties are present at the time of the vote.
4. The diplomatic conference to review and adopt amendments to this Convention shall be convened by the depositary and shall be held within one year after the appropriate decision has been taken in accordance with paragraph 3 of this article. The Diplomatic Conference makes every possible effort to ensure that amendments are adopted by consensus. If this is not possible, the amendments shall be adopted by a two-thirds majority of all Contracting Parties.
5. The amendments to this Convention which have been adopted in accordance with paragraphs 3 and 4 above shall be subject to ratification, acceptance, approval or confirmation by the Contracting Parties and shall enter into force with respect to the Contracting Parties that have ratified, accepted, approved or confirmed them on the ninetieth day after the receipt by the depositary of the corresponding instruments of at least two thirds of the Contracting Parties. For a Contracting Party that ratifies, accepts, approves or subsequently confirms the amendments, the amendments shall enter into force on the ninetieth day following the deposit by that Contracting Party of the corresponding instrument.
ARTICLE 42
Denunciation
1. Any Contracting Party may denounce this Convention by a written notification to the depositary.
2. The denunciation shall take effect one year after the date on which the depositary receives that notification, or at any other later date specified in the notification.
ARTICLE 43
Depositary
1. The Director General of the Agency is the depositary of this Convention.
2. The depositary shall inform the Contracting Parties:
(i) The signature of this Convention and the deposit of instruments of ratification, acceptance, approval, accession or confirmation pursuant to Article 39;
(ii) From the date on which the Convention enters into force, in accordance with Article 40;
(iii) Notifications of denunciation of the Convention made in accordance with Article 42 and the date of such notifications;
(iv) Draft amendments to this Convention submitted by Contracting Parties, amendments adopted by the relevant diplomatic conference or meeting of the Contracting Parties and the date of entry into force of these amendments, in accordance with Article 41.
ARTICLE 44
Authentic texts
The original of this Convention, whose English, Arabic, Chinese, Spanish, French and Russian versions are equally authentic, shall be deposited with the depositary, which shall address certified copies in conformity with the Contracting Parties. In faith of what the undersignments, to this denial, have signed the present convention.
Done in Vienna, on five September nine hundred and ninety-seven.

THE JOINT CONVENTION ON THE S ~RETEE OF THE US COMBUSTIBLE MANAGEMENT AND ON THE S ~RETEE OF THE MANAGEMENT OF RADIOACTIF BUSINESS, SUBSTANTIVE TO THE 5 SEPTEMBER 1997
LIST OF LIES
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