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5 JUIN 1998. - An Act to Accredit the Convention on Assistance in the Event of a Nuclear Accident or Radiological Emergency, made in Vienna on 26 September 1986 (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 Convention.
Art. 2. The Convention on Assistance in the Event of a Nuclear Accident or Radiological Emergency, made in Vienna on 26 September 1986, will come out with 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
The Minster of Public Health,
Mr. COLLA
Minister of Employment and Labour,
Ms. M. SMET
Seal of the state seal:
Minister of Justice,
T. VAN PARYS
____
Note
(1) Session 1996-1997
Senate
Documents. - Bill tabled on 24 June 1997, No. 1-683/1
Session 1997-1998
Documents. - Report No. 1-683/2. - Text adopted in session and transmitted to the Chamber, No. 1-683/3
Anals parliamentarians. -Discussion, meeting of 26 March 1998. - Vote, meeting of 26 March 1998.
Room.
Documents. - Project transmitted by the Senate on March 26, 1998, No. 49-1477/1. - Report, No. 49-1477/2
Parliamentary Annales. - Discussion, meeting of 22 April 1998. - Vote, meeting of 28 April 1998.

Convention on Assistance in the Event of a Nuclear Accident or Radiological Emergency
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 to establish an international framework that will facilitate the timely provision of assistance in the event of a nuclear accident or an emergency, radiological situation, in order to mitigate its consequences,
Noting the usefulness of bilateral and multilateral arrangements on mutual assistance in the field,
Taking note of the activities of the International Atomic Energy Agency regarding the development of guidelines on arrangements for mutual emergency assistance in the event of nuclear accidents or radiological emergencies,
The following agreed:
Article 1^er
General provisions
1. The States Parties shall cooperate with each other and with the International Atomic Energy Agency (hereinafter referred to as the "Agency") in accordance with the provisions of this Convention to facilitate rapid adherence in the case of a nuclear accident or a radiological emergency in order to minimize its consequences and to protect life, property and the environment from the effects of radioactive releases.
2. In order to facilitate such cooperation, States Parties may enter into bilateral or multilateral stoppages or, where appropriate, a combination of both, with a view to preventing or limiting as much as possible bodily harm and damage that may be caused by a nuclear accident or a radiological emergency.
3. States Parties shall request the Agency, within the framework of its Statute, to do its best, in accordance with the provisions of this Convention, to promote, facilitate and support cooperation among States Parties provided for in the Convention.
Article 2
Provision of assistance
1. If a State Party needs assistance in the case of a nuclear accident or a radiological emergency, whether or not the origin of such an accident or emergency is located in its territory, under its jurisdiction or under its control, it may request such assistance to any other State Party, directly or through the Agency, and to the Agency or, where appropriate, to other international intergovernmental organizations.
2. A State Party that requires assistance shall indicate the scope and type of support required and, where possible, shall communicate to the party providing assistance the information that may be necessary to that party to determine the extent to which it is capable of responding to the request. In the event that it is not possible for the State Party which requires assistance to indicate the scope and type of assistance required, the State Party which requires assistance and the party providing it shall, after consultation, establish the scope and type of assistance required.
3. Each State Party to which a request for such assistance is addressed shall promptly determine and notify the State Party that requires assistance, directly or through the Agency, if it is in a position to provide the required assistance, as well as the scope and conditions of assistance that may be provided.
4. States Parties shall, within their capabilities, determine and notify the Agency of the experts, equipment and materials that may be made available for the provision of assistance to other States Parties in the event of nuclear accidents or radiological emergencies, as well as the conditions, including financial, to which such assistance may be provided.
5. Any State Party may request assistance relating to medical treatment or temporary installation in the territory of another State Party of persons affected by a nuclear accident or a radiological emergency.
6. The Agency shall respond, in accordance with its Statute and the provisions of this Convention, to the request for assistance from a State Party that requires assistance or a Member State in the case of a nuclear accident or a radiological emergency:
(a) by making available the appropriate resources allocated for this purpose;
(b) By promptly transmitting the request to other States and international organizations that, based on the information available to the Agency, may possess the necessary resources;
(c) If the State that requires assistance requests it, coordinating international assistance that can be available.
Article 3
Direction and Control of Assistance
Unless otherwise agreed:
(a) The overall direction, control, coordination and supervision of the assistance lies in its territory in the State which requires assistance. The party providing assistance should, where assistance requires staff, designate in consultation with the State that requires assistance the person to whom the assistance should be entrusted and should retain the direct operational supervision of the personnel and equipment that it has provided. The designated person should exercise such supervision in cooperation with the appropriate authorities of the State requiring assistance;
(b) the State that requires assistance shall, within its scope, provide the facilities and local services necessary for the efficient and effective administration of assistance. It also ensures the protection of personnel, equipment and materials introduced in its territory, for assistance, by the party providing assistance or on behalf of the party;
(c) The ownership of the material and materials provided by either party during the assistance periods is not altered and their restitution is guaranteed;
(d) A State Party that provides assistance in response to a request made under Rule 5 of Article 2 shall coordinate such assistance in its territory.
Article 4
Competent authorities and focal points
1. Each State Party shall notify the Agency and the States Parties, directly or through the Agency, its competent authorities and the point of contact authorized to make and receive requests and to accept offers of assistance. 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 modifications to the information referred to in paragraph 1.
3. The Agency shall regularly and promptly communicate to States Parties, Member States and relevant international organizations the information referred to in paragraphs 1 and 2.
Article 5
Agency functions
States Parties, in accordance with Article 1, paragraph 3^er and without prejudice to other provisions of this Convention, require the Agency to:
(a) Collect and disseminate information on:
(i) experts, equipment and materials that could be made available in cases of nuclear accidents or radiological emergencies;
(ii) available methods, techniques and results of research related to interventions in nuclear accidents or radiological emergencies;
(b) To assist a State Party or a Member State, upon request, in any of the following matters or in any appropriate questine:
(i) development of contingency plans for nuclear accidents and radiological emergencies and appropriate legislation;
(ii) development of appropriate training programmes for personnel involved in nuclear accidents and radiological emergencies;
(iii) transmission of relevant requests for assistance and information in the event of a nuclear accident or a radiological emergency;
(iv) development of appropriate radioactivity monitoring programmes, procedures and standards;
(v) conducting studies to determine the possibility of establishing appropriate radioactivity monitoring systems;
(c) Make available to a State Party or a Member State that requires assistance in the event of a nuclear accident or a radiological emergency of the appropriate resources allocated to conduct an initial assessment of the accident or emergency;
(d) Propose its good offices to States Parties and Member States in cases of nuclear accidents or radiological emergencies;
(e) Establish and maintain liaison with relevant international organizations with a view to obtaining and exchanging relevant information and data, and provide a list of such organizations to the States Parties, Member States and the above-mentioned organizations.
Article 6
Privacy and public statements
1. The State that requires assistance and the party that provides assistance preserves the confidentiality of confidential information to which one or the other has access to assistance in the event of a nuclear accident or a radiological emergency. This information is used exclusively for agreed assistance.
2. The party that provides the assistance does its best to work with the State that requires assistance before making public information on the assistance provided in connection with a nuclear accident or a radiological emergency.
Article 7
Refund of costs
1. A party that provides assistance can offer it free of charge to the State that requires assistance. When considering whether to provide assistance on such a basis, the party providing assistance shall consider:
(a) the nature of the nuclear accident or the radiological emergency situation;
(b) The place of origin of the nuclear accident or the radiological emergency situation;
(c) the needs of developing countries;
(d) special needs of countries without nuclear facilities;
(e) other relevant factors.
2. When the assistance is provided entirely or partially for reimbursable, the State which requires assistance shall reimburse the party which provides the assistance the costs incurred for the services rendered by persons or organizations acting on its behalf, and all costs related to assistance insofar as such costs are not paid directly by the State which requires assistance. Unless otherwise agreed, reimbursement shall be made promptly after the party providing assistance has made the request to the State that requires assistance and, in respect of costs other than local costs, may be transferred freely.
3. Notwithstanding the provisions of paragraph 2, the party providing the attendance may, at any time, waive the refund or accept the postponement, in whole or in part. When considering this waiver or adjournment, the parties providing assistance take due account of the needs of developing countries.
Article 8
Privileges, immunities and facilities
1. The State that requires assistance shall give the staff of the party who provides the assistance and personnel acting on behalf of the party the privileges, immunities and facilities necessary to carry out their functions of assistance.
2. The State which requires assistance shall grant the following privileges and immunities to party personnel who provide assistance or personnel acting on its behalf who has been duly notified to the State which requires assistance and accepted by it:
(a) The immunity of arrest, detention and jurisdiction, including the criminal, civil and administrative jurisdiction of the State that requires assistance, for acts or omissions in the exercise of its functions;
(b) Exemption from taxes, duties or other taxes, except those normally included in the price of goods or paid for services rendered, with respect to the performance of its assistance functions.
3. The state that requires assistance:
(a) Grant to the party providing assistance the exemption from taxes, duties or other taxes on equipment and goods that, for the purposes of assistance, are introduced in the territory of the State that requires assistance by the party providing assistance;
(b) Grants immunity from seizure, seizure or requisition of such equipment and property.
4. The State which requires assistance guarantees the re-shipment of this material and goods. At the request of the party who provides assistance the State which requires assistance shall, to the extent of its means, make arrangements for the necessary decontamination of the reusable material that has been used for assistance, before its re-shipment.
5. The State which requires assistance facilitates the entry and stay in its national territory, as well as the exit of its national territory, to the personnel who have been notified under paragraph 2, as well as to the equipment and goods necessary for the assistance.
6. No provision of this article shall oblige the State which requires assistance to grant its nationals or residents the privileges and immunities provided for in the preceding paragraphs.
7. Without prejudice to privileges and immunities, all beneficiaries of these privileges and immunities under this section are required to comply with the laws and regulations of the State requiring assistance. They are also obliged not to interfere in the internal affairs of the State which requires assistance.
8. Nothing in this article shall affect the rights and obligations relating to privileges and immunities granted under other international agreements or rules of customary international law.
9. When signing this Convention, ratifying, accepting, approving or acceding to it, a State may declare that it does not consider itself bound, in whole or in part, by paragraphs 2 and 3.
10. A State Party which has made a declaration in accordance with paragraph 9 may withdraw it at any time by a notification addressed to the depositary.
Article 9
Transit of personnel, equipment and property
Each State Party, at the request of the State that requires assistance or the party that provides assistance, shall endeavour to facilitate transit in its territory, to and from the State that requires assistance, personnel who have been duly notified, as well as equipment and goods used for assistance.
Article 10
Judicial actions and reparations
1. States Parties shall cooperate closely to facilitate the settlement of legal proceedings and actions under this rule.
2. Unless otherwise agreed, for any death or injury of natural persons, damage to property or loss of property or damage to the environment caused on its territory or in any other area under its jurisdiction or control in connection with the provision of the required assistance, a State Party that requires assistance:
(a) No legal proceedings against the party providing assistance or against natural or legal persons acting on its behalf;
(b) Appoints the burden of prosecutions and legal actions by third parties against the party providing assistance or against natural or legal persons acting on its behalf;
(c) Discharge the party providing assistance or natural or legal persons acting on its behalf with respect to the prosecutions and legal actions referred to in paragraph (b);
(d) Provides compensation to the party providing assistance or to natural or legal persons acting on their behalf in the event of:
(i) death or injury of personnel of the party providing assistance, or physical persons acting on behalf of the party;
(ii) loss of durable material or materials used to provide assistance or damage to them;
except in the event of intentional fault of those who caused death, injury, loss or damage.
3. This article does not prevent the payment of compensation or compensation provided for in international agreements or national laws of any State that would be applicable.
4. No provision of this article shall oblige the State which requires assistance to apply paragraph 2, in whole or in part, to its nationals or residents.
5. When signing this Convention, ratifying, accepting, approving or acceding to it, a State may declare:
(a) That it does not consider itself bound, in whole or in part, by paragraph 2;
That it will not apply paragraph 2, in whole or in part, in the event of serious negligence of those who have caused death, injury, loss or injury.
6. A State Party that has made a declaration in accordance with paragraph 5 may withdraw it at any time by a notification addressed to the depositary.
Article 11
Cessation of assistance
The State that requires assistance or the party that provides assistance may, at any time, after making the appropriate consultations and by written notification, request that the assistance received or provided under this Convention be terminated. This request once made, the parties concerned consult to make arrangements for an appropriate cessation of assistance.
Article 12
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 13
Regulation of the different
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 the States Parties may not be settled within one year of the request for consultation referred to in paragraph 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 procedures for the regulation of the various provisions of 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 14
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 intrument 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 of this Convention to States Parties.
(c) Assuming the depositary to deposit 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 15
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 16
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 17
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 18
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 amendment;
(c) Any statement or withdrawal of statements made in accordance with articles 8, 10 and 13;
(d) Any declaration of provisional application of this Convention made in accordance with Article 15;
(e) The entry into force of this Convention and any amendment made to it;
(f) Any denunciation made in accordance with Article 17.
Article 19
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 the belief that the undersigned, duly authorized, have signed this Convention, open for signature in accordance with the provisions of article 14, paragraph 1.
Adopted by the General Conference of the International Atomic Energy Agency, held in special session in Vienna on September twenty-six thousand nine hundred and ninety-six.