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5 JUIN 1998. - Act to approve the Convention on the Early Notification of a Nuclear Accident, made in Vienna on 26 September 1986 (1) (2)

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 Convention on the Rapid Notification of a Nuclear Accident, made in Vienna on 26 September 1986, will come out its full effect.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 5 June 1998.
ALBERT
By the King:
Minister of Foreign Affairs,
E. DERYCKE
Minister of Economy,
E. DI RUPO
The Minister of the Interior,
L. TOBBACK
Minister of Public Health,
Mr. COLLA
Minister of Employment and Labour,
Ms. M. SMET
Seal of the state seal:
Minister of Justice,
T. VAN PARYS
____
Notes
(1) Sessions 1996-1997 - 1997-1998.
Senate.
Documents. - Bill tabled on 3 July 1997, No. 1-697/1. - Report, no. 1-697/2. - Text adopted in session and transmitted to the Chamber, No. 1-697.
Annales parliamentarians. - Discussion. Session of March 26, 1998. - Vote. Session of March 26, 1998.
Room.
Session 1997-1998.
Documents. - Project transmitted by the Senate, No. 49-1478/1. - Report, No. 49-1478/2.
Annales parliamentarians. - Discussion. Session of April 22, 1998. - Vote. Meeting of 28 April 1998.
(2) In accordance with article 12, paragraph 4, this Convention entered into force with respect to Belgium on 4 February 1999.

Convention on the Early Notification of a Nuclear Accident
States Parties to this Convention,
Knowing that nuclear activities are carried out in a number of states,
Noting that comprehensive measures have been and are being taken to ensure a high level of safety in nuclear activities, with a view to preventing nuclear accidents and minimizing the consequences of any such accident that may occur,
Desirous of further strengthening international cooperation in the safe development and use of nuclear energy,
Convinced of the need for States to provide relevant information on nuclear accidents as soon as possible so that transboundary radiological consequences can be minimized,
Noting the usefulness of bilateral and multilateral arrangements on the exchange of information in this area,
The following agreed:
Article 1^er
Scope
1. This Convention applies to any accident involving facilities or activities, listed in paragraph 2 below, of a State Party or natural or legal persons under its jurisdiction or control, and which is likely to result in or result in a release of radioactive material, and which has or may result in an international transboundary release likely to be of significance from the point of view of radiological security to another State.
2. Facilities and activities referred to in paragraph 1^er are:
(a) any nuclear reactor anywhere;
(b) any installation of the nuclear fuel cycle;
(c) any radioactive waste management facility;
(d) the transport and storage of nuclear fuels or radioactive wastes;
(e) the manufacture, use, temporary storage, final storage and transport of radioisotopes for agricultural, industrial and medical purposes, for related scientific purposes and for research;
f) the use of radioisotopes for the production of electricity in space objects.
Article 2
Notification and information
In the event of an accident specified in section 1^er (hereinafter referred to as "nuclear accident"), the State Party referred to in this article:
(a) promptly notify, directly or through the International Atomic Energy Agency (hereinafter referred to as the "Agency"), to the States that are or may be physically affected as indicated in Article 1 and to the Agency, the nuclear accident, its nature, the time it occurred and its exact location when appropriate;
(b) Quickly provides to the States referred to in paragraph (a), directly or through the Agency, as well as to the Agency, relevant information to minimize the radiological consequences in those States, in accordance with the provisions of Article 5.
Article 3
Other nuclear accidents
In order to minimize the radiological consequences, States Parties may make a notification in cases of nuclear accidents other than those listed in Article 1^er.
Article 4
Agency functions
The Agency:
(a) immediately inform States Parties, Member States, other States that are or may be physically affected as indicated in Article 1 and relevant international intergovernmental organizations (hereinafter referred to as "international organizations") of a notification received in accordance with Article 2 (a);
(b) Provides promptly to any State Party, any Member State or any relevant international organization that so requests the information it has received pursuant to article 2, paragraph (b).
Article 5
Information to be provided
1. The information to be provided under paragraph (b) of Article 2 shall include the following data, to the extent that the notifying State has:
(a) the timing, the exact location when appropriate, and the nature of the nuclear accident;
(b) the facility or activity involved;
(c) the alleged or known cause and the predictable evolution of the nuclear accident with respect to the transboundary release of radioactive material;
(d) the general characteristics of the release of radioactive material, including, to the extent possible and appropriate, the likely nature, physical and chemical form and the quantity, composition and effective height of the release of radioactive material;
(e) information on current and planned weather and hydrological conditions, which are necessary for the transboundary release of radioactive materials;
(f) the results of environmental monitoring with regard to the transboundary release of radioactive materials;
(g) protection measures taken or planned outside the site;
(h) the behaviour in the time of release of radioactive material.
2. This information is supplemented at appropriate intervals by other relevant information regarding the evolution of the emergency situation, including its predictable or effective end.
3. The information received pursuant to paragraph (b) of Article 2 may be used without restriction unless such information is provided in confidence by the notifying State Party.
Article 6
Consultations
A State Party that provides information pursuant to paragraph (b) of Article 2 shall promptly respond, to the extent reasonably possible, to a request for additional information or consultations that a affected State Party shall address to it with a view to limiting as much as possible the radiological consequences in that State.
Article 7
Competent authorities and focal points
1. Each State Party shall notify the Agency and other States Parties, directly or through the Agency, its competent authorities and the point of contact authorized to provide and receive the notification and information referred to in Article 2. These points of contact and a central cell at the Agency are continuously accessible.
2. Each State Party shall promptly communicate to the Agency any changes to the information referred to in paragraph 1^er.
3. The Agency maintains a list of these national authorities and points of contact, as well as points of contact of relevant international organizations, and provides it to States Parties and Member States and relevant international organizations.
Article 8
Assistance to States Parties
The Agency, in accordance with its Statute and at the request of a State Party that does not carry out nuclear activities on its own and that has a common border with a State that has an active nuclear programme but is not a Party, conducts studies on the feasibility and establishment of an appropriate radioactivity monitoring system to facilitate the achievement of the objectives of this Convention.
Article 9
Bilateral and multilateral arrangements
To serve their mutual interests, States Parties may consider, where deemed useful, the conclusion of bilateral or multilateral arrangements relating to the issues covered by this Convention.
Article 10
Relationship with other international agreements
This Convention does not affect the mutual rights and obligations of States Parties under existing international agreements relating to matters covered by this Convention, or under future international agreements concluded in accordance with the object and purpose of this Convention.
Article 11
Settlement of disputes
1. In the event of a dispute between States Parties or between a State Party and the Agency concerning the interpretation or application of this Convention, the parties to the dispute shall consult with a view to resolving it by negotiation or by any other peaceful means of dispute settlement acceptable to such parties.
2. If a dispute of this nature between States Parties may not be settled within one year of the request for consultation provided for in practice 1^erat the request of any party to this dispute, it is subject to arbitration or referred to the International Court of Justice for decision. If, within six months after the date of the application for arbitration, the parties to the dispute fail to agree on the organization of the arbitration, a party may request the President of the International Court of Justice or the Secretary General of the United Nations to appoint one or more arbitrators. In the event of a conflict between the requests of the parties to the dispute, the request addressed to the Secretary-General of the United Nations prevails.
3. When signing this Convention, ratifying, accepting, approving or acceding to it, a State may declare that it does not consider itself bound by either or both dispute settlement procedures set out in paragraph 2. The other States Parties are not bound by a dispute settlement procedure set out in paragraph 2 with respect to a State Party for which such a declaration is in force.
4. A State Party that has made a declaration in accordance with the provisions of paragraph 3 may withdraw it at any time by a notification addressed to the depositary.
Article 12
Entry into force
1. This Convention shall be open for signature by all States and Namibia, represented by the United Nations Council for Namibia, at the Headquarters of the International Atomic Energy Agency, Vienna, and at United Nations Headquarters, New York, from 26 September 1986 and 6 October 1986, respectively, and until its entry into force or for a period of twelve months, if it is longer.
2. A State and Namibia, represented by the United Nations Council for Namibia, may express their consent to be bound by this Convention, by signature or by deposit of an instrument of ratification, acceptance or approval after signature subject to ratification, acceptance or approval, or by deposit of an instrument of accession. Instruments of ratification, acceptance, approval or accession shall be deposited with the depositary.
3. This Convention comes into force thirty days after three States have expressed their consent to be bound.
4. For each State expressing its consent to be bound by this Convention after its entry into force, this Convention shall enter into force for that State thirty days after the date on which the consent was expressed.
5. (a) This Convention shall be open, in accordance with the provisions of this Article, to the accession of international organizations and regional integration organizations constituted by sovereign States, which are entitled to negotiate, conclude and implement international agreements on matters covered by this Convention.
(b) For matters within their competence, these organizations, acting on their own behalf, exercise the rights and fulfil the obligations set out in this Convention to States Parties.
(c) When depositing its instrument of accession, such an organization shall communicate to the depositary a declaration indicating the extent of its jurisdiction with respect to matters covered by this Convention.
(d) Such an organization has no voice in addition to those of its Member States.
Article 13
Provisional application
A State may, upon signature or at a later date preceding the entry into force of this Convention, declare that it will apply this Convention on an interim basis.
Article 14
Amendments
1. A State Party may propose amendments to this Convention. The proposed amendment shall be submitted to the depositary, which shall forthwith communicate it to all other States Parties.
2. If the majority of States Parties request the depositary to convene a conference to consider the proposed amendments, the depositary shall invite all States Parties to attend the conference, which shall open at least thirty days after the invitations are sent. Any amendment adopted at the conference by a two-thirds majority of all States Parties shall be reflected in a protocol, which shall be open to Vienna and New York for signature by all States Parties.
3. The protocol comes into force thirty days after three States have expressed their consent to be bound. For each State expressing its consent to be bound by the protocol after its entry into force, the protocol shall enter into force for that State thirty days after the date on which the consent was expressed.
Article 15
Denunciation
1. A State Party may denounce this Convention by a written notification addressed to the depositary.
2. The denunciation takes effect one year after the date on which the depositary receives the notification.
Article 16
Depositary
1. The Director General of the Agency is the depositary of this Convention.
2. The Director General of the Agency shall promptly notify the States Parties and all other States:
(a) each signature of this Convention or any amendment protocol;
(b) each deposit of instruments of ratification, acceptance, approval or accession relating to this Convention or any protocol of amendments;
(c) any declaration or withdrawal of declaration made in accordance with Article 11;
(d) any declaration of provisional application of this Convention made in accordance with Article 13;
(e) the entry into force of this Convention and any amendment made to it;
(f) any denunciation made in accordance with Article 15.
Article 17
Authentic texts and certified copies
The original of this Convention, whose English, Arabic, Chinese, Spanish, French and Russian versions are equally authentic, will be deposited with the Director General of the International Atomic Energy Agency, who will send certified copies to the States Parties and to all other States.
IN WITNESS WHEREOF the undersigned, duly authorized, have signed this Convention, open for signature in accordance with the provisions of paragraph 1^er of Article 12.
ADOPTED by the General Conference of the International Atomic Energy Agency, held in special session in Vienna on the twenty-six September, nine hundred and eighty-six.