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LAW 702 OF 2001
(November 21)
Official Journal No. 44,628, November 27, 2001
By means of which the "Convention on the Early Notification of Nuclear Accidents", approved in Vienna, on September 26, 1986, is approved.
COLOMBIA CONGRESS
Having regard to the text of the "Convention on the Pronite Notification of Nuclear Accidents", adopted in Vienna on 26 September 1986.
(To be transcribed: photocopy of the full text of the International Instrument mentioned).
" EARLY NOTIFICATION CONVENTION
NUCLEAR ACCIDENTS
States Parties to this Convention,
Aware, that in a number of states nuclear activities are being carried out,
Taking into account, that to ensure a high level of safety in nuclear activities has been taken and large-scale measures are being taken, aimed at preventing nuclear accidents and minimising the consequences of such accidents, if they occur,
Wishing, further strengthening international cooperation for the safe development and utilization of nuclear energy,
Overdue, that it is necessary for States to provide the relevant information on nuclear accidents as soon as possible so that the radiological consequences can be minimised Cross-border,
Considering, the usefulness of bilateral and multilateral agreements on information sharing in this sphere,
Agree to the following:
1. This Convention shall apply to any accident related to the facilities or activities of a State Party, or to persons or legal entities under its jurisdiction or control, as referred to in paragraph 2 infra, which cause, or is likely to cause, a release of radioactive material, resulting, or may result, in an international cross-border release which may be of importance from the point of view of radiation safety for another Status.
2. The facilities and activities referred to in paragraph 1. they cover the following:
a) Any nuclear reactor, wherever it is located;
b) Any installation of the nuclear fuel cycle;
c) Any radioactive waste management facility;
d) Transport and storage of nuclear fuels or radioactive waste;
(e) The manufacture, use, storage, disposal and transport of radioactive materials for agricultural, industrial, medical and other related scientific and research purposes; and
f) The use of radiotope for energy generation purposes in spatial objects.
ARTICLE 2o. NOTICE AND INFORMATION. In case of a nuclear accident specified in the article 1or. (hereinafter referred to as "nuclear accident") the State Party referred to in that Article:
(a) It shall immediately notify, directly or through the International Atomic Energy Agency (hereinafter referred to as the "Agency") those States which are or may be physically affected as specified in Article
(b) It shall promptly supply the States referred to in paragraph (a) directly or through the Agency and the body with the relevant information available with a view to minimising the radiological consequences in those States, such as: is specified in 5or.
ARTICLE 3o. OTHER NUCLEAR ACCIDENTS. With a view to minimising the radiological consequences, the States Parties may make notifications in the event of nuclear accidents other than those specified in Article 1or.
ARTICLE 4. THE BODY ' S FUNCTIONS. The Body:
a) Immediately inform the States Parties, Member States, other States that are or may be physically affected as specified in Article 1, and the organizations relevant international intergovernmental (hereinafter referred to as 'international organisations') of any notification received in accordance with the provisions of paragraph (a) of Article 2or.; and
(b) Provide promptly to any State Party, Member State or relevant international organisation requesting it, the information received in accordance with the provisions of Article 2b) or.
ARTICLE 5o. INFORMATION THAT YOU HAVE TO PROVIDE.
1. The information to be provided under item (b) of Article 2or. comprise the following data, as available at the time of the notification by the State of the notification:
a) The timing, exact location where applicable, and the nature of the nuclear accident;
b) The installation or activity involved;
(c) The alleged or determined cause and foreseeable development of the nuclear accident in terms of the cross-border release of the radioactive materials;
(d) The general characteristics of the radioactive release, including, to the extent possible and appropriate, the nature, the likely physical and chemical form and the amount, composition and effective height of the radioactive release;
e) Information on current and planned meteorological and hydrological conditions necessary to forecast the cross-border release of radioactive materials;
(f) The results of the relevant environmental monitoring in relation to the cross-border release of radioactive materials;
g) Protection measures taken or planned outside the site;
h) The expected behavior, in time, of the radioactive release.
2. Such information shall be supplemented at appropriate intervals with new relevant information on the evolution of the emergency situation, including its foreseeable or effective termination.
3. The information received pursuant to paragraph (b) of Article 2or. may be used without restriction, except where the State Party which directs the notification provides such information on a confidential basis.
ARTICLE 6o. INQUIRIES. Any State Party that provides information pursuant to the provisions of Article 2b) or. respond promptly, to the extent reasonable, to any statement of subsequent information or consultations which a State Party concerned has made with a view to minimising the radiological consequences in the latter State.
ARTICLE 7o. COMPETENT AUTHORITIES AND CONTACT POINTS.
1. States Parties shall communicate to the Agency and other States Parties, directly or through the agency, which are their competent national authorities and responsible for the transmission and receipt of the notification and the information referred to in article 2or. These contact points and a point of convergence within the body must be permanently available.
2. Each State Party shall promptly inform the Agency of any changes to the information referred to in paragraph 1.
3. The Agency shall keep an up-to-date list of such national authorities and contact points, as well as the contact points of relevant international organisations, and make it available to the States Parties and States. Members, and relevant international organisations.
ARTICLE 8o. ASSISTANCE TO STATES PARTIES. The Agency, in accordance with its Staff Regulations and at the request of any State Party that does not carry out nuclear activities and limits with a State that has an active nuclear program but is not a Party, shall carry out investigations into the feasibility and establishment of an appropriate system of radiological surveillance to facilitate the achievement of the objectives of this Convention.
ARTICLE 9o. BILATERAL AND MULTILATERAL AGREEMENTS. With a view to promoting their mutual interests, the States Parties may consider, where appropriate, the concertation of bilateral or multilateral arrangements in relation to the subject matter of the Present Convention.
ARTICLE 10. RELATIONSHIP TO OTHER INTERNATIONAL AGREEMENTS. This Convention shall not affect the obligations or the reciprocal rights of States Parties under existing international agreements relating to matters which it covers this Convention, or under future international agreements concluded in accordance with the purpose and purpose of this Convention.
ARTICLE 11. DISPUTE RESOLUTION.
1. In the event of a dispute between States Parties, or between a State Party and the body, concerning the interpretation or application of this Convention, the parties to the dispute shall consult each other in order to resolve the dispute by negotiation or by any other peaceful means of dispute settlement that they consider acceptable.
2. If a dispute of this nature between States Parties cannot be resolved by the year of the request for consultation in accordance with the provisions of paragraph 1, the dispute shall, at the request of any of the parties to the the same, submit to arbitration or refer to the International Court of Justice to decide. Where a dispute is submitted to arbitration, if within six months of the date of the request, the parties to the dispute fail to agree to organise it, any of them may request the President of the International Court of Justice or the Secretary-General of the United Nations, who names one or more arbitrators. In the event of a conflict between the parties ' requests to the dispute, the request addressed to the Secretary-General of the United Nations shall be given priority.
3. By signing, ratifying, accepting or approving this Convention, or by joining it, any State may declare that it is not considered to be bound by any or any of the two procedures laid down for the settlement of disputes in Paragraph 2. Other States Parties shall not be bound by the procedure laid down for the settlement of disputes in paragraph 2, with respect to a State Party that has made such a declaration.
4. Any State Party which has made a declaration pursuant to paragraph 3 may withdraw it at any time by notifying the depositary.
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 in Vienna, and at the headquarters of the United Nations in New York, from 26 September 1986 to 6 October 1986, respectively, until its entry into force, or for 12 months, with the longest of these two periods.
2. Any State and Namibia, represented by the United Nations Council 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 after signature made 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 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 upon its entry into force, this Convention shall enter into force for that State thirty days after the date of the expression of the consent.
5. (a) This Convention shall be open for accession, as provided for in this Article, by international organisations and regional integration organisations constituted by sovereign States, which have competence in respect of negotiation, consultation and implementation of international agreements in matters covered by this Convention;
(b) In matters falling within their jurisdiction, such organisations shall, on their own behalf, exercise the rights and fulfil the obligations conferred upon the States by this Convention;
(c) When depositing its instrument of accession, such organisations shall communicate to the depositary a statement indicating the extent of their competence in respect of the matters covered by this Convention.
(d) Such organizations shall have no additional vote to those of their Member States.
ARTICLE 13. PROVISIONAL APPLICATION. Any State may, at the time of signature or at any other later date before the Convention enters into force for that State, declare that it shall apply the Convention provisionally.
1. Any State Party may propose amendments to this Convention. The proposed amendments shall be submitted to the depositary, which shall immediately communicate them to all other States Parties.
2. If the majority of the States Party asks the depositary to convene a conference to examine the proposed amendments, the depositary shall invite all States Parties to attend such a conference, which shall commence no earlier than Thirty days after the invitations have been submitted. Any amendment adopted at the conference by a two-thirds majority of all States Parties shall be the subject of a protocol which shall be 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 which, 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 within 30 days of the date on which it has expressed such consent. consent.
1. Any State Party may denounce this Convention by notifying the depositary in writing.
2. The denunciation shall take effect one year from the date on which the depositary receives the notification.
1. The Director-General of the body shall be 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 an amendment protocol;
(b) Each deposit of an instrument of ratification, acceptance, approval or accession concerning this Convention or an amendment protocol;
c) Any declaration or withdrawal of the declaration that is made in accordance with Article 11;
d) Any declaration of provisional application of this Convention that is made in accordance with Article 13;
e) The entry into force of this Convention and any amendment thereto; and
f) Any denunciation that is made according to the article 15.
ARTICLE 17. AUTHENTIC TEXTS AND CERTIFIED COPIES.
The original of this Convention, whose texts in Arabic, Chinese, Spanish, French, English and Russian are equally authentic, shall be deposited with the Director General of the International Atomic Energy Agency, who shall send copies certified from the same to the States Parties and all other States.
In testimony of which the undersigned, duly authorized, sign this Convention, open to signature as provided in paragraph 1. of article 12.
Approved by the General Conference of the International Atomic Energy Agency, in an extraordinary meeting, in Vienna, at the twenty-six days of September of a thousand nine hundred and eighty-six. "
EXECUTIVE BRANCH OF PUBLIC POWER
REPUBLIC OF THE REPUBLIC
Santa Fe de Bogota, D. C., July 11, 2000.
Approved.
Submit to the consideration of the honorable National Congress for the constitutional effects.
(Fdo.) ANDRES PASTRANA ARANGO
The Foreign Minister,
(Fdo.) GUILLERMO FERNANDEZ DE SOTO.
DECRETA:
ARTICLE 1o. Approve the "Convention on the Pronite Notification of Nuclear Accidents", approved in Vienna on September 26, 1986.
ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a. In 1944, the "Convention on the Pronta Notification of Nuclear Accidents", adopted in Vienna on 26 September 1986, was adopted by article 1or. of this law shall be adopted, shall bind the country from the date on which the international link with respect to the law is perfected.
ARTICLE 3. This law governs from the date of its publication.
The President of the honorable Senate of the Republic,
CARLOS GARCIA ORJUELA.
The Secretary General of the honorable Senate of the Republic,
MANUEL ENRIQUEZ ROSERO.
The President of the honorable House of Representatives,
GUILLERMO GAVIRIA ZAPATA.
The Secretary General of the honorable House of Representatives,
ANGELINO LIZANO RIVERA.
COLOMBIA-NATIONAL GOVERNMENT
COMMUNICATE AND COMPLY.
Execute, upon subpoena of the Constitutional Court, pursuant to article 241-10 of the Political Constitution.
Dada in Bogotá, D. C., on November 21, 2001.
ANDRES PASTRANA ARANGO
The Foreign Minister,
GUILLERMO FERNANDEZ DE SOTO.
The Minister of Mines and Energy,
LUIS RAMIRO VALENCIA COSSIO.
