LAW 702 2001
Official Gazette No. 44,628, 27 November 2001
Through which the "Convention on Early Notification of a Nuclear Accident" is approved, adopted in Vienna on 26 September 1986. Summary
THE CONGRESS OF COLOMBIA
having regard to the text of the "Convention on Early Notification of a Nuclear Accident", adopted in Vienna on 26 September 1986.
(To be transliterated: Attached photocopy of the full text the International Instrument mentioned).
"Convention on Early Notification NUCLEAR ACCIDENT
States party to this convention,
Conscious that in a number of States are carrying out nuclear activities, Taking
consider that to ensure a high level of safety in nuclear activities have taken and are taking far-reaching measures aimed at preventing nuclear accidents and minimizing the consequences of such accidents, if they occur,
Desiring , further strengthen international cooperation for development and safe use of nuclear energy,
Convinced that it is necessary for States to provide as soon as possible relevant information about nuclear accidents in order to be reduced to minimum transboundary radiological consequences,
Given the usefulness of bilateral and multilateral agreements on information exchange in this area,
agreed as follows: ARTICLE 1o
. AREA OF APPLICATION.
1. This Convention shall apply to any accident involving facilities or activities of a State Party or of persons or legal entities under its jurisdiction or control, referred to in paragraph 2 below, which causes, or is likely to cause a release of radioactive material, and that has resulted, or may result in an international transboundary release that could be of importance from the point of view of radiation safety for another State.
2. Facilities and activities that the 1st paragraph refers to. They include the following:
a) Any nuclear reactor wherever it is located;
B) Any facility of the nuclear fuel cycle;
C) Any facility of radioactive waste management;
D) The transport and storage of nuclear fuels or radioactive wastes;
E) The manufacture, use, storage, disposal and transport of radioisotopes for agricultural, industrial, medical and other scientific research and related purposes; and
f) The use of radioisotope purposes of power generation in space objects.
. NOTIFICATION AND INFORMATION. In the event of a nuclear accident specified in article 1 occurs. (Hereinafter referred to as "nuclear accident"), the State Party referred to in that article:
a) shall immediately notify, directly or through the International Atomic Energy Agency (hereinafter called the "Agency") to those States which are or may be physically affected as specified in article 1, and the body, the nuclear accident, its nature, the time came and the exact location where appropriate.;
B) promptly provide the States referred to in paragraph a), directly or through the Agency, and the body, the relevant available information with a view to minimizing the radiological consequences in those States, as specified in the the 5th article.
ARTICLE 3. Other Nuclear Accidents. With a view to minimizing the radiological consequences, States Parties may notify in the event of nuclear accidents other than those specified in article 1.
ARTICLE 4. Bodily functions. The Agency:
a) forthwith inform States Parties, Member States, other States which are or may be physically affected as specified in article 1, and relevant international intergovernmental organizations (hereinafter referred to as "organizations. international ") of any notification received in accordance with paragraph a) of article 2 .; and
b) promptly provide any State Party, Member State or relevant international organization, upon request, information received in accordance with paragraph b) of Article 2.
The 5th ITEM. INFORMATION TO BE PROVIDED.
1. The information to be provided under paragraph b) of the 2nd article. shall comprise the following data as then available to them at the time the State to direct notification:
A) The time, exact location where appropriate, and the nature of the nuclear accident;
B) the facility or activity involved;
C) The assumed or established cause and the foreseeable development of the nuclear accident relevant to the transboundary release of radioactive materials;
D) The general characteristics of the radioactive release, including, to the extent possible and appropriate, the nature, probable chemical and physical form and the quantity, composition and effective height of the radioactive release;
E) Information on meteorological and hydrological current and anticipated conditions, necessary for forecasting the transboundary release of radioactive materials;
F) The results of environmental monitoring relevant in relation to the transboundary release of radioactive materials;
G) The protective measures taken or planned off-site;
H) The predicted behavior over time of the radioactive release.
2. This information shall be supplemented at appropriate intervals by further relevant information on the evolution of the emergency situation, including its foreseeable or actual termination.
3. The information received under the provisions of paragraph b) of the 2nd article. It may be used without restriction, except when the State party to lead the notification provide such information confidential.
ARTICLE 6o. CONSULTATIONS. Each State Party providing information under the provisions of paragraph b) of the 2nd article. It shall, as far as reasonable, any p etición for further information or consultations sought by an affected State with a view to minimizing the radiological consequences in that State Party.
ARTICLE 7. COMPETENT AUTHORITIES AND POINTS OF CONTACT.
1. States Parties shall inform the Agency and to other States Parties, directly or through the Agency, its competent authorities and point of contact responsible for transmitting and receiving the notification and information referred to in article 2. Such points of contact and a focal point within the Agency shall be available continuously.
2. Each State Party shall promptly inform the Agency of any changes that occur in the information referred to in paragraph 1o.
3. The Agency shall keep an updated list of such national authorities and points of contact list, as well as the points of contact of relevant international organizations, and make available to States Parties and Member States and relevant international organizations.
Article 8. ASSISTANCE statements. The Agency, in accordance with its Statute and at the request of any State Party which does not have nuclear activities itself and borders on a State having an active nuclear program but not Party, conduct investigations into the feasibility and establishment of an appropriate system radiation monitoring in order to facilitate the achievement of the objectives of this Convention.
Article 9. Bilateral and multilateral agreements. With a view to promoting their mutual interests, States Parties may consider, where appropriate, the conclusion of bilateral or multilateral arrangements relating to the subject matter of this Convention.
ARTICLE 10. RELATIONSHIP WITH OTHER INTERNATIONAL AGREEMENTS. This Convention shall not affect the obligations and the reciprocal rights of State Parties under existing international agreements which relate to the matters covered by this Convention, or under future international agreements in accordance with the object and the purpose of this Convention.
ARTICLE 11. DISPUTE.
1. In case 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 to consult to resolve the dispute through negotiation or any other peaceful means of dispute settlement acceptable to them.
2. If a dispute of this character between States Parties can not be settled within one year of the request for consultation pursuant to paragraph on the 1st been formulated., The dispute shall, at the request of either party in it, submit to arbitration or referred to the International Court of Justice for decision. When a dispute to arbitration is submitted, if within six months from the date of the request, the parties to the dispute are unable to agree to organize, either 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 case of conflicting requests by the parties to the dispute, the request to the Secretary General of the United Nations shall have priority.
3. By signing, ratifying, accepting or approving this Convention or acceding to it, a State may declare that it is considered not bound by any one or by any of the two procedures stipulated for the settlement of disputes in paragraph 2. The other States Parties shall not be bound by the procedure set for the settlement of disputes in paragraph 2, with respect to a State Party which has made such a declaration.
4. Any State Party which has made a declaration under paragraph 3 may withdraw it at any time by notification to the depositary.
ARTICLE 12. ENTRY INTO FORCE.
1. This Convention is open for signature by all States and Namibia, represented by the Council of the United Nations for Namibia, at the Headquarters of the International Atomic Energy Agency in Vienna and at the Headquarters of the United Nations in New York , from 26 September 1986 and 6 October 1986 respectively, until its entry into force or for twelve months, whichever of these two periods whichever is longer.
2. A State and Namibia, represented by the Council of the United Nations for Namibia, may express its consent to be bound by this Convention either by signature, or by deposit of an instrument of ratification, acceptance or approval following signature made with subject to ratification, acceptance or approval, or by deposit of an instrument of accession. The instruments of ratification, acceptance, approval or accession shall be deposited with the depositary.
3. This Convention shall enter into force thirty days after three States have expressed their consent to be bound by it.
4. In the case of each State expressing 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 of expression of consent.
5. a) This Convention shall be open for accession, as provided in this article, by international organizations and regional integration organizations constituted by sovereign States which have competence in respect of the negotiation, conclusion and application of international agreements in matters covered by this Convention;
B) In matters within their competence such organizations shall, on their own behalf, exercise the rights and fulfill the responsibilities which this Convention attributes to States Parties;
C) When depositing its instrument of accession, such an organization shall communicate to the depositary a declaration in which the extent of its competence indicated on matters covered by this Convention.
D) Such organizations shall not be additional to those of its Member States any vote.
ARTICLE 13. PROVISIONAL APPLICATION. Any State may, at the time of signature or at any later date before the Convention enters into force for it, declare that it will apply the Convention provisionally.
ARTICLE 14. AMENDMENTS.
1. Any State Party may propose amendments to this Convention. The proposed amendments to the depositary, which shall immediately notify all other States Parties will be presented.
2. If a majority of States Parties requests the depositary to convene a conference to consider the proposed amendments, the depositary shall invite all States Parties to attend such a conference, which will begin not before the expiry of thirty days after studied invitations . Any amendment adopted at the conference by a majority of two thirds of all States Parties shall be the subject of a protocol which is open for signature by all States Parties in Vienna and New York.
3. The protocol shall enter into force thirty days after three States have expressed their consent to be bound by it. For each State, after the entry into force of the protocol, expresses its consent to be bound by it, the Protocol shall enter into force for that State thirty days of the date of expression of consent.
ARTICLE 15. DENUNCIATION.
1. Any State Party may denounce this Convention by written notification to the depositary.
2. The denunciation shall take effect one year from the date the depositary receives the notification.
ARTICLE 16. DEPOSITARY.
1. The Director General of the agency will be the depositary of this Convention.
2. The Director General of the Agency shall promptly notify States Parties and all other States:
a) Each signature of this Convention or any protocol of amendment;
B) Each deposit of an instrument of ratification, acceptance, approval or accession concerning this Convention or any protocol of amendment;
C) any declaration or withdrawal thereof that is made in accordance with Article 11;
D) any declaration of provisional application of this Convention which is made in accordance with Article 13;
E) The entry into force of this Convention and of any amendment thereto; and
f) Any denunciation made under Article 15.
ARTICLE 17. AUTHENTIC TEXTS AND CERTIFIED COPIES.
The original of this Convention, of which the Arabic, Chinese, Spanish, French, Russian and Spanish texts are equally authentic, shall be deposited with the Director General of the International Atomic Energy Agency who shall send certified copies thereof to the States Parties and all other States.
In witness whereof the undersigned, being duly authorized, have signed this Convention, open for signature as provided in paragraph 1o. Article 12
Adopted by the General Conference of the International Atomic Energy Agency meeting in special session in Vienna, at twenty days of September in 1986 ". RAMA
PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Santa Fe de Bogota, DC, July 11, 2000. Approved
Submit to the consideration of the honorable National Congress for constitutional purposes.
Andres Pastrana Minister of Foreign Affairs,
(Sgd.) Guillermo Fernandez de Soto. DECREES
ARTICLE 1o. Approval of the "Convention on Early Notification of a Nuclear Accident", adopted in Vienna on 26 September 1986.
. In accordance with the provisions of article 1. 7a Act. 1944, the "Convention on Early Notification of a Nuclear Accident", adopted in Vienna on 26 September 1986, that article 1. this law passed, it will force the country from the date the international link is perfect therefrom.
Article 3. This law governs from the date of publication.
The President of the honorable Senate,
CARLOS GARCIA ORJUELA.
The Secretary General of the honorable Senate of the Republic, Manuel Enríquez Rosero
The President of the honorable Chamber of Representatives, Guillermo Gaviria
The Secretary General of the honorable House of Representatives, ANGELINO
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
COMMUNICATE AND COMPLY. Run
following a summons to the Constitutional Court, pursuant to Article 241-10 of the Constitution.
Given in Bogotá, DC, on November 21, 2001.
Andres Pastrana Minister of Foreign Affairs,
Guillermo Fernandez de Soto.
The Minister of Mines and Energy, Luis Ramiro Valencia Cossio