LAW 766 2002
Official Gazette No. 44,889 of August 5, 2002 PUBLIC POWER
LEGISLATIVE BRANCH Through which the "Convention on Assistance approved in case of a nuclear accident or radiological emergency ", adopted in Vienna on 26 September 1986. Summary
having regard to the text of the "Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency", adopted in Vienna on 26 September 1986.
(To be transliterated: Attached photocopy of the full text of the International Instrument mentioned).
"Convention on Assistance in Case of Nuclear Accident or Radiological Emergency
States party to this Convention,
aware that in a number of States are carrying out nuclear activities.
Given 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 occur.
Desiring to strengthen further international cooperation for development and safe use of nuclear energy.
Convinced of the need for an international framework to facilitate the prompt provision of assistance in case of nuclear accident or radiological emergency to mitigate its consequences.
Given the usefulness of bilateral and multilateral arrangements on mutual assistance in this area.
Given the activities of the International Atomic Energy Agency in developing guidelines for arrangements mutual emergency assistance in case of nuclear accident or radiological emergency.
Agreed as follows: ARTICLE 1o
. GENERAL DISPOSITION.
1. States Parties shall cooperate with each other and with the International Atomic Energy Agency (hereinafter referred to as the "body"), in accordance with the provisions of this Convention to facilitate prompt assistance in case of nuclear accident or radiological emergency to reduce at least its consequences and to protect life, property and the environment from the effects of radioactive releases.
2. To facilitate such cooperation States Parties may agree on bilateral or multilateral arrangements or, where appropriate, a combination of both, to prevent or minimize injuries and damages that may result in case of nuclear accident or radiological emergency.
3. The States Parties request the Agency, acting within the framework of its Statute, use its best endeavors, in accordance with the provisions of this Convention to promote, facilitate and support cooperation among States Parties under this Convention.
1. If a State Party needs assistance in case of nuclear accident or radiological emergency, whether such accident or emergency originates or not within its territory, jurisdiction or control, may request such assistance from any other State Party, directly or through the agency and the agency, or, where appropriate, from other international intergovernmental organi sations (hereinafter referred to as "international organizations").
2. Each State Party requesting assistance shall specify the scope and type of assistance required and, if possible supply the party pay assistance information that may be necessary for that party to determine the extent it is able to meet application. If it is not possible for the requesting State Party to specify the scope and type of assistance required, the requesting State Party and the assisting party will decide, in consultation, scope and type of assistance required.
3. Each State Party to which a request for such assistance is decided and shall promptly notify the requesting State Party, directly or through the Agency, if it is able to provide the assistance requested and the scope and terms of assistance it could be given.
4. States Parties shall, within the limits of their capabilities, identify and notify the Agency of experts, equipment and materials which could be made for the provision of assistance to other States Parties in case of nuclear accident or radiological emergency, so as the terms, especially financial, under which such assistance could be provided.
5. Any State Party may request assistance relating to medical treatment or temporary relocation in the territory of another State Party of people affected by a nuclear accident or radiological emergency.
6. The Agency, in accordance with its Statute and with the provisions of this Convention, will respond to the request for assistance in case of nuclear accident or radiological emergency by a State Party or a Member State:
a) Providing appropriate resources allocated for this purpose;
B) transmitting promptly the request to other States and international organizations, according to information held by the Agency, may possess the necessary resources; and
c) If so requested by the requesting State, coordinating the international assistance that may thus become available.
ARTICLE 3. MANAGEMENT AND CONTROL OF ASSISTANCE.
Unless otherwise agreed:
a) The direction, control, coordination and general supervision of assistance shall be the responsibility within its territory of the requesting State. The assisting party should, where the assistance involves personnel, designate in consultation with the requesting State, the person who will be in charge of personnel and equipment provided by it and retain immediate operational supervision over the personnel and equipment. The designated person should exercise such supervision in cooperation with the appropriate authorities of the requesting State;
B) The requesting State shall provide, to the extent possible, local facilities and services for the proper and effective administration of the assistance. It will also ensure the protection of personnel, equipment and materials brought into its territory by assisting party or on behalf of it, for this purpose;
C) Ownership of equipment and materials provided by any of the two sides during the periods of assistance shall not be affected, and their return shall be ensured;
D) The State Party providing assistance in response to a request made in accordance with paragraph 5 of Article 2. coordinate that assistance within its territory.
ARTICLE 4. COMPETENT AUTHORITIES AND POINTS OF CONTACT.
1. Each State Party shall inform the Agency and to other States Parties, directly or through the Agency, its competent authorities and point of contact authorized to make and receive requests for assistance and to accept offers of assistance. Such points of contact and a focal point in the body 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 1.
3. The Agency will provide regularly and expeditiously provide to States Parties, Member States and relevant international organizations the information referred to in paragraphs 1 and 2.
The 5th ITEM. Bodily functions.
In accordance with paragraph 3 of article 1. without prejudice to other provisions of this Convention, States Parties request the agency the following:
a) A copy and disseminate to States Parties and Member States information about:
i) experts, equipment and materials which could be made in case of nuclear accident or radiological emergency;
Ii) methodologies, techniques and available results of research relating to response to nuclear accidents or radiological emergencies;
B) Assisting State Party or a Member State when requested in connection with any of the following or other appropriate matters:
i) preparing both emergency plans in case of nuclear accidents and emergencies radiological and the appropriate legislation;
Ii) Development of appropriate training for the personnel to deal with nuclear accidents and radiological emergencies;
Iii) Transmission of requests for assistance and relevant information in case of nuclear accident or radiological emergency;
Iv) Development of programs, appropriate procedures and standards for radiation monitoring;
V) Conducting research on the feasibility of establishing appropriate radiation monitoring systems;
C) Provide State Party or a Member State requesting assistance in case of nuclear accident or radiological emergency appropriate resources allocated for the purpose of conducting an initial assessment of the accident or emergency;
D) offer its good offices to the States Parties and Member States in case of nuclear accident or radiological emergency;
E) This establish and maintain liaison with relevant international organizations in order to obtain and exchange relevant information and data, and provide a list of such organizations available to States Parties, Member States and the aforementioned organizations.
ARTICLE 6o. CONFIDENTIALITY AND PUBLIC STATEMENTS.
1. The requesting State and the assisting party shall protect the confidentiality of any confidential information that becomes available to either concerning assistance in case of nuclear accident or radiological emergency. This information will be used solely for the purpose of the assistance agreed upon.
2. The party pay assistance will make every effort to coordinate with the requesting State before providing the public with information on assistance provided in connection with a nuclear accident or radiological emergency.
ARTICLE 7. REIMBURSEMENT OF EXPENSES.
1. Any assisting party may offer assistance without costs to the requesting State. When considering whether to offer assistance on such a basis, the assisting party shall take into account:
a) The nature of the nuclear accident or radiological emergency;
B) The place of origin of the nuclear accident or radiological emergency;
C) The needs of developing countries;
D) The particular needs of countries without nuclear facilities, and
e) Any other relevant factors.
2. When assistance is provided wholly or partly on a reimbursement basis, the requesting State shall reimburse the assisting party for the costs incurred for the services rendered by persons or organizations acting on behalf of it, and all expenses linked with the assistance to the extent that such expenses are not directly defrayed by the requesting State. Unless otherwise agreed, reimbursement shall be provided promptly after the assisting party has presented its request for reimbursement to the requesting State, and in respect of costs other than local costs, shall be freely transferable.
3. Notwithstanding the provisions of paragraph 2, the assisting party may at any time waive repayment or agree to the postponement, in whole or in part. In considering such waiver or postponement, assist parties shall take due account the needs of developing countries.
Article 8. PRIVILEGES, IMMUNITIES AND FACILITIES.
1. The requesting State shall afford to personnel of the assisting party and personnel acting on its behalf the privileges, immunities and facilities necessary for the performance of their assistance functions.
2. The requesting State shall afford the following privileges and immunities to personnel of the assisting party or personnel acting on behalf of whose names have been duly notified to the applicant and accepted by the State:
a) Immunity from prison , detention and legal process, including criminal, civil and administrative jurisdiction of the requesting State, for acts or omissions in the performance of their duties; and
b) Exemption from taxes, duties or other charges, except those that are normally incorporated in the price of goods or paid for services rendered in connection with the performance of their assistance functions.
3. The requesting State:
a) afford the assisting party exemption from taxation, duties or other charges on the equipment and property brought into the territory of the requesting State by the assisting party for the purpose of assistance, and
b) provide immunity from seizure, attachment or requisition of such equipment and property.
4. The requesting State shall ensure the return of such goods and equipment. If requested by the assisting party, the requesting State shall arrange, to the extent that it will be possible, for the necessary decontamination before its return, the recoverable equipment that has been used in attendance.
5. The requesting State shall facilitate the entry into their territory, stay in it and out of it, staff whose names have been notified in accordance with paragraph 2 and of equipment and property involved in the assistance.
6. Nothing in this article shall require the applicant to provide its nationals or permanent residents the privileges and immunities provided in the preceding paragraphs state.
7. Without prejudice to the privileges and immunities, all persons enjoying such privileges and immunities under this article have a duty to respect the laws and regulations of the requesting State. Also they have a duty not to interfere in the internal affairs of the requesting State.
8. Nothing in this Article shall affect the rights and obligations with respect to privileges and immunities granted under other international agreements or the rules of customary international law.
9. By signing, ratifying, accepting or approving this Convention or acceding to it, a State may declare that it is considered not required in whole or in part by paragraphs 2 and 3.
10. Any State Party which has made a declaration in accordance with paragraph 9 may be withdrawn at any time by notification to the depositary.
Article 9. TRANSIT OF PERSONNEL, EQUIPMENT AND PROPERTY.
Each State Party shall, at the request of the applicant State or the assisting party, seek to facilitate the transit through its territory of personnel, equipment and property duly outlined in the notification to be used on assistance to enter and leave the requesting State.
ARTICLE 10. CLAIMS AND INDEMNITY.
1. States Parties shall cooperate closely to facilitate the settlement of legal proceedings and claims under this article.
2. Unless otherwise indicated, in respect of any death or injury to persons or damage to or loss of property or environmental damage caused in the territory of the requesting State or in any other area under its jurisdiction or control agreed for the provision of the assistance requested, the requesting State;
A) not bring any legal proceedings against the assisting party or persons or other legal entities acting on their behalf;
B) assume responsibility for meeting the legal proceedings and claims brought by third parties against the assisting party or against persons or other legal entities acting on their behalf;
C) Consider harmless in respect of legal proceedings and claims that paragraph b refers to), the assisting party or persons or other legal entities acting on their behalf, and
d) it shall indemnify the assisting party or persons or other legal entities acting on their behalf, in the following cases:
i) Death or injury to personnel of the assisting party or persons acting on their behalf;
Ii) Loss or damage of equipment or consumables not related assistance;
Except in cases of willful misconduct by the individuals who caused the death, injury, loss or damage.
3. The provisions of this Article shall not prevent the compensation provided under any international agreement or national law of any State, as applicable.
4. None of the provisions of this article shall require the requesting State to apply paragraph 2 of article in whole or in part to its nationals or permanent residents.
5. By signing, ratifying, accepting or approving this Convention or acceding to it, a State may declare:
a) not considered bound in whole or in part by paragraph 2;
B) Not to apply paragraph 2 of this article, in whole or in part in cases of gross negligence by the individuals who caused the death, injury, loss or damage.
6. Any State Party which has made a declaration in accordance with paragraph 5 may be withdrawn at any time by notification to the depositary.
ARTICLE 11. TERMINATION OF SERVICE.
The requesting State or the assisting party may at any time, after appropriate consultations and notification in writing, request the termination of assistance received or provided under this Convention. Once such a request, the parties shall consult to have the proper conclusion of the assistance.
ARTICLE 12. RELATIONSHIP WITH OTHER INTERNATIONAL AGREEMENTS.
This Convention shall not affect obligations or rights that have reciprocal States 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 purpose of this Convention.
ARTICLE 13. 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 1 have been made, the dispute shall, at the request of any party thereto, be submitted to arbitration or referred to the International Court of Justice to decide. 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 for which such a declaration is in force.
4. Any State Party which has made a declaration under paragraph 3 may withdraw it at any time by notification to the depositary.
ARTICLE 14. 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 spués 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, each such 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 15 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 16. 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 17. 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 18. DEPOSITARY.
1. The Director General of the Agency shall 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 Articles 8o, 10 and 13.;
D) any declaration of provisional application of this Convention which is made in accordance with Article 15;
E) The entry into force of this Convention and of any amendment thereto, and
f) Any denunciation made under Article 17.
ARTICLE 19. 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, opened for signature in accordance with paragraph 1 of Article 14.
Adopted by the General Conference of the International Atomic Energy Agency, in extraordinary meeting in Vienna this twenty-sixth day 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 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 Assistance in Case of a Nuclear Accident or Radiological Emergency", adopted in Vienna on 26 September 1986.
. In accordance with the provisions of article 1. 7a Act. 1944, the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency adopted in Vienna on 26 September 1986, that the first article of this law is passed, will force the country from the date it was perfect the compared to the same international link.
ARTICLE 3. This law applies from the date of publication.
The President of the honorable Senate of the Republic, Carlos Garcia Orjuela
The Secretary General (E.) the honorable Senate of the Republic, Luis Francisco Boada
The President of the honorable Chamber of Representatives,
Guillermo Gaviria Zapata.
The Secretary General of the honorable House of Representatives, Angelino Lizcano Rivera
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
transmittal and enforcement.
Run, after review by the Constitutional Court, pursuant to Article 241-10 of the Constitution.
Given in Bogotá, DC, on July 31, 2002.
Andres Pastrana Minister of Foreign Affairs, Guillermo Fernandez de Soto
The Minister of Mines and Energy, Luisa Fernanda Lafaurie Rivera