Law On Denmark's Accession To The International Atomic Energy Agency Convention On Assistance In The Case Of A Nuclear Accident Or Radiological Emergency

Original Language Title: Lov om Danmarks tiltrædelse af Det Internationale Atomenergiagenturs konvention om bistand i tilfælde af nukleare ulykker eller radiologiske nødstilfælde

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=120246

Overview (table of contents) Annex 1 The full text of the law on Denmark's accession to the International Atomic Energy Agency Convention on assistance in the case of a nuclear accident or radiological emergency

WE, MARGRETHE the SECOND, by the grace of God Queen of Denmark, do indeed:

The Danish Parliament has adopted and we know Our consent confirmed the following law:

§ 1. The International Atomic Energy Agency (IAEA) Convention of 26. September 1986 on assistance in the case of a nuclear accident or radiological emergency (the assistance Convention), see. Annex 1 to this Act, applies here in the country.

§ 2. The Defense Minister may lay down rules concerning the receipt of international emergency assistance in Denmark pursuant to the provisions of the Convention in the event of a nuclear accident or radiological emergency.

§ 3. Article 8, paragraph 2, point (a) shall not apply in cases where the assisting State personnel and personnel who work on behalf of the assisting State has acted intentionally or grossly negligently.

§ 4. The assisting State personnel and personnel who work on behalf of the assisting State shall be exempt from the obligation to pay tax in Denmark of income in connection with the exercise of their duties, unless the aid in question is subject to withholding tax Act § 1.

§ 5. Tax Minister may lay down detailed rules for the implementation of the Convention, article 8, paragraph 2 (b).

§ 6. Causing the assisting State or other legal persons or persons acting on behalf of this, during the execution of the assistance in Denmark injures or deaths after Danish court leads to liability, compensation of the Secretary of Defense.

(2). By death or bodily injury to the assisting State personnel or persons acting on behalf of the assisting State, and loss or damage to the equipment or materials not intended for consumption, and which are used for the use of the aid, shall be paid compensation by the Defense Minister, if after Danish court is liability.

(3). Paragraphs 1 and 2 shall not apply in the event of death or injury caused by gross negligence.

§ 7. The law will enter into force on 15. July 2008.

§ 8. The law does not apply to the Faroe Islands and Greenland but may by Royal Decree is implemented in these regions with the variances, as the special Faroese or Greenlandic circumstances warrant.
Given at Christiansborg Palace, on 17 March. June 2008 MARGRETHE r./Søren Gade Annex 1

Convention on assistance in the case of a nuclear accident or radiological emergency

THE STATES ALIGN THEMSELVES WITH THE PRESENT CONVENTION,

Is aware of the fact that nuclear activity taking place in a number of States,

Have found that have been taken and will be taken extensive precautions to ensure a high level of security at nuclear activity, but must endeavour to prevent nuclear accidents and minimize the consequences of any such accident,

Want to strengthen further international cooperation on the safe development and use of nuclear energy,

Is convinced of the need for an international framework that will facilitate the rapid provision of assistance in the event of a nuclear accident or radiological emergency in order to mitigate the consequences thereof,

Find it useful to conclude bilateral and multilateral agreements on mutual assistance in this area,

Have found that the International Atomic Energy Agency develops guidelines for agreements of mutual assistance in crisis situations in the context of a nuclear accident or radiological emergency,

Have agreed upon the following:

Article 1

General provisions

1. The Convention Contracting States cooperate with each other and with the International Atomic Energy Agency (hereinafter referred to as ' the Agency ') in accordance with this Convention shall not affect the production rules in order to facilitate rapid assistance in the event of a nuclear accident or radiological emergency in order to reduce the consequences and to protect life, property and the environment from the effects of radioactive releases.

2. in order to facilitate cooperation can the conventional production Contracting States conclude bilateral or multilateral agreements or, where considered appropriate, a combination of such agreements in order to prevent or reduce the person and damage to property as a result of a nuclear accident or radiological emergency.

3. The Convention Contracting States requests the Agency, acting within the framework of its statutes, in accordance with the provisions of this Convention to endeavour as far as possible to promote, facilitate and support cooperation among the Convention Contracting States.

Article 2

Attendance allowance

1. If a State party Convention in need of assistance in the event of a nuclear accident or radiological emergency, whether accident or crisis situation occurs within or outside its territory, jurisdiction or authority, it may request the assistance of any other Convention Contracting State, either directly or through the Agency, as well as from the agency or, where appropriate , from other international inter-governmental organizations (hereinafter referred to as ' international organisations ').

2. A Convention Contracting State requesting assistance shall specify the extent and nature of the required assistance, as well as, where possible, give the assisting party the necessary information in order to determine the extent to which it is able to fulfill the request. In the event that it is not possible for the requesting State to specify the scope and nature of the required assistance, the requesting State and the assisting State in consultation determine the extent and nature of the required assistance.

3. Any Convention Contracting State which receives a request for assistance, shall promptly decide and inform the requesting Contracting State of the Convention, either directly or through the Agency, whether it is in a position to render the assistance requested, and specify the scope and terms of any assistance.

4. The Convention Contracting States shall as far as possible, appoint and give the Agency notice of experts, equipment and materials that can be made available for the provision of assistance to other States parties to the Convention in the event of a nuclear accident or radiological emergency, and the conditions, including the economic conditions for the granting of this assistance.

5. All Convention Contracting States may request assistance in connection with medical treatment or temporary movement of people who are involved in a nuclear accident or radiological emergency, to another State's territory.

6. The Agency shall, in accordance with the Statute and the provisions of this Convention to reply to a Convention Contracting State or of a Member State's request for assistance in the case of a nuclear accident or radiological emergency at




(a)) to provide appropriate resources for this purpose,

b) immediately forward the request to the other States and international organizations in accordance with the Agency's information can be in possession of the necessary resources, as well as

c) at the request of the requesting State to coordinate assistance at the international level, which thus had to be available.



Article 3

Management and authorisation of aid

If nothing else, it is decided




(a)) shall be responsible for the overall management, control, coordination and management of aid lie with the requesting State within its territory. The assisting party should, if the aid involves personnel, in consultation with the requesting State to designate the person who will manage and immediately undertake to oversee the staff's work and the available asked equipment. The designated officer will monitor, in cooperation with the relevant authorities of the requesting State;

(b)) the requesting State shall so far as possible, provide local equipment and assistance available in order to ensure a real and effective administration of aid. It must also ensure the protection of personnel, equipment and materials brought into its territory by or on behalf of the assisting State for this purpose;

(c)) the title to the equipment and materials that are made available by the parties in the course of the aid period, will remain unchanged, and there should be restitution;

d) a Convention Contracting State providing assistance in response to a request made pursuant to article 2, paragraph 5, shall coordinate such assistance within its territory.



Article 4

Competent authorities and contact addresses

1. Any Contracting State to the Convention undertakes either directly or through the Agency to inform the Agency and other Convention Contracting States concerning its competent authorities and contact address authorized to make and receive requests and accept the offer of assistance. These contact addresses and a central place within the Agency shall at all times be available.

2. Any Convention Contracting State must immediately inform the Agency of any change in the information referred to in paragraph 1.

3. The Agency shall regularly and quickly pass the referred to in paragraphs 1 and 2 information to the Convention Contracting States, Member States and concerned international organizations.

Article 5

The Agency's tasks


In accordance with article 1, paragraph 3, and without prejudice to the other provisions of this Convention, they shall ask the Convention Contracting States the Agency to:




a) collect and distribute information to the Convention Contracting States and Member States of the following:

1) experts, equipment, and material that can be made available in the event of a nuclear accident or radiological emergency;

2) methods, techniques and available research results related to reactions to a nuclear accident or radiological emergency;





b) provide assistance to a State party to the Convention or a Member State, when requested to do so in connection with the following or other relevant matters:





1) preparation of both contingency plans in the event of nuclear accidents or radiological emergencies as well as the relevant legislation;

2) development of appropriate training programmes for the crew, so it can deal with nuclear accidents or radiological emergencies;

3) forwarding of requests for assistance and relevant information in the event of a nuclear accident or radiological emergency;

4) development of appropriate programs, procedures and standards for monitoring of radiation;

5) study of the possibility of establishing appropriate systems for the study of radiation;





c) make appropriate resources to conduct an initial assessment of the accident or emergency situation available to a conventional production Contracting State or of a Member State requesting assistance in the event of a nuclear accident or radiological emergency;

d) offer good offices to the States parties to the Convention and the Member States in the event of a nuclear accident or radiological emergency;

e) create and maintain a connection with the relevant international organizations, with the purpose of obtaining and exchanging appropriate information and data, as well as draw up a list of such organisations available for conventional production Contracting States, the Member States and the said organisations.







Article 6

Confidentiality and public statements

1. The requesting State and the assisting State must protect the confidentiality of any information that becomes available for them in the context of assistance in the event of a nuclear accident or radiological emergency. Such information may only be used with the aim of providing the assistance agreement.

2. The assisting State must do its utmost to ensure co-ordination with the requesting State before it publishes information on assistance provided in the context of a nuclear accident or radiological emergency.

Article 7

Reimbursement of costs

1. An assisting State can offer assistance at no cost to the requesting State. for the consideration of social assistance on this basis must the assisting State take the following into account:




(a)) the nature of the nuclear accident or radiological emergency;

(b)) the origin of nuclear accident or radiological emergency;

(c)) the needs of developing countries;

(d)) the special needs of countries without nuclear installations; as well as

(e) other relevant factors).



2. When granting either partial or complete assistance against refund, should the applicant State shall reimburse to the assisting State costs in connection with services from persons or organizations acting on behalf of the, as well as expenses in connection with assistance, to the extent that these are not held directly by the requesting State. Unless otherwise agreed, must refund take place immediately upon the assisting State has presented its request for reimbursement to the requesting State and with regard to other costs than local costs should these be transferred freely.

3. Notwithstanding the provisions in paragraph 2 may be referred to the assisting State at any time wholly or partially waive or agree to postpone reimbursement. By consideration of the waiver or deferral to assisting States take developing countries ' requirements duly into account.

Article 8

Privileges, immunity and equipment

1. The requesting State shall provide the assisting State personnel and the personnel who work on behalf of the assisting State, the necessary privileges, immunity and equipment for performance of their assistance functions.

2. The requesting State shall provide the following privileges and immunities to the assisting State personnel and the personnel who work on behalf of the assisting State, which has been announced and approved by the requesting State:




a) immunity from arrest, detention and prosecution, as well as the requesting State criminal, civil and administrative jurisdiction with respect to acts or omissions in connection with the performance of their duties; and

(b) exemption from taxation, duties etc.) except for the charges which are normally included in item prices or services rendered, with regard to the performance of their assistance functions.



3. The requesting State shall:




a) exempt the assisting State for taxes, charges and similar equipment and belongings, which the assisting State brings in to the requesting State for the purpose of providing assistance; as well as

b) give immunity to confiscation, seizure or periodic supply of this equipment and these belongings.



4. The requesting State shall ensure the return of this equipment and these belongings. If the assisting State so requests, the requesting State must as far as possible, ensure the necessary cleaning of the equipment used in connection with aid before it comes back.

5. The requesting State shall facilitate access to, stay on and access from its national territory for the personnel referred to in paragraph 2 and of the equipment and property used in the assistance.

6. It required nowhere in this article, that the requesting State must give its nationals and permanent residents in the above pieces referred to privileges and immunities.

7. Without prejudice to the privileges and immunity have all who enjoy such privileges and immunities pursuant to this article, the obligation to respect the laws and regulations of the applicant State. They also have a duty not to interfere in the internal affairs of the requesting State.

8. Nothing in this article can be to the detriment of the rights and obligations with regard to privileges and immunities arising from other international treaties or general international law.

9. A State may, when signing, ratifying, accepting, approving or acceding to this Convention, declare that it does not consider itself bound by all or part of the provisions of paragraphs 2 and 3.

10. A Convention Contracting State which has made a declaration in accordance with paragraph 9, may at any time withdraw this back by giving notice to the depositary.

Article 9

Transport of personnel, equipment and belongings

All Convention Contracting States shall, at the request of the requesting or assisting State search to facilitate the transport of duly notified personnel, equipment and property used in the performance of aid through their territory to and from the requesting State.

Article 10

Requirements and compensation

1. The Convention Contracting States shall cooperate closely in order to facilitate the settlement of disputes and the settlement of claims under this article.

2. Unless otherwise agreed, to a requesting State in connection with the death or personal injury, damage to or loss of property or damage to the environment, as has occurred on its territory or in an area subject to its jurisdiction or authority by providing the requested assistance:




(a)) did not take action against the assisting State or persons or other legal persons acting on behalf of this;

(b)) assume responsibility for dealing with disputes and claims that are made by third parties against the assisting State or against persons or other legal persons acting on behalf of this;

c) keep the assisting State or persons or other legal persons acting on behalf of this, untouched by disputes and requirements as mentioned in subparagraph (b)); and

(d)) provide the assisting State or persons or other legal persons acting on behalf of this, replace:

1) death or personal injury to the assisting State personnel or persons acting on behalf of this;

2) loss or damage to the equipment or materials not intended for consumption, and which concern aid;



excepted are cases of intentional misconduct committed by the individuals who have caused death, injury, loss or damage.

3. This article shall not prevent compensation or indemnity pursuant to international agreements or national law applicable in this connection.

4. It is not clear from this article that the requesting State should be asked to bring in whole or in part, paragraph 2 apply to its nationals or permanent residents.

5. A State may, when signing, ratifies, accepts or accedes to this Convention, declare:





(a)) that it did not consider themselves bound, in whole or in part, paragraph 2;

(b)) that it does not, in the event of gross negligence committed by individuals who have caused death, injury, loss or damage, to apply paragraph 2, whether in whole or in part.



6. A Convention Contracting State which has made a declaration in accordance with paragraph 5 of this article may at any time withdraw it by giving notice to the depositary.

Article 11

Aid termination

The requesting State or the assisting State may at any time after appropriate consultation and written notice requesting the termination of assistance received or provided under this Convention. When the request is made, the parties involved in a proper termination of the organising consultation assistance.

Article 12

Relationship to other international agreements

This Convention shall not affect the Convention Contracting States to Seta reciprocal rights and obligations under existing international agreements which relate to matters governed by this Convention, or according to future international agreements concluded in accordance with the objective and purpose of this Convention.

Article 13

Settlement of disputes

1. In the event of a dispute between conventional production Contracting States or between a Convention Contracting State and the Agency on the interpretation and application of this Convention shall tvistighedens parties confer with a view to settling the dispute by negotiation or by other peaceful way, as may be acceptable to the parties.

2. in the event of a dispute of this kind between Convention States parties cannot be settled within one year from the request for konsulta tion in accordance with paragraph 1, it will, at the request of one of the parties to the dispute be referred to arbitration or to the decision by the International Court of Justice. If a dispute is referred to arbitration and the parties are not within six months from the date on which the request is agreed on the terms 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. If there are conflicting requests from tvistighedens parties, the request to the Secretary-General of the United Nations have priority.

3. When the present Convention signed, ratified, accepted, approved or rejected, a State may declare that it does not consider itself to be bound by it, or both of the procedures referred to in paragraph 2 for the settlement of disputes. The other Contracting States of the Convention is not bound by a procedure for the settlement of disputes referred to in paragraph 2, and which includes a Convention Contracting State which has made such a declaration.

4. A Convention Contracting State which has made a declaration in accordance with paragraph 3 of this article may at any time withdraw it by giving notice to the depositary.

Article 14

Entry into force of the

1. this Convention may be signed by all States, as well as Namibia, represented by the United Nations Council for Namibia ', ' in the International Atomic Energy Agency headquarters in Vienna and at the United Nations Headquarters in New York from 26 respectively. September 1986 and 6. October 1986 until its entry into force or within twelve months, with the longest of these periods should be valid.

2. A State and Namibia, represented by the United Nations Council for Namibia ', ' can express their consent to be bound by this Convention either by signature or by the deposit of an instrument of ratification, acceptance or approval document after the signature made on condition of ratification, acceptance or approval or by the deposit of an accession document. Instruments of ratification, acceptance, approval or accession shall be deposited with the depositary.

3. this Convention shall enter into force thirty days after that three States have agreed to be bound by it.

4. this Convention shall enter into force for a State that agrees to be bound by it after its entry into force thirty days after the acceptdag of the State concerned.

5.




(a)) this Convention is available for accession as set out in this article for international organizations and regional integration organisations created by sovereign States which have authority with respect to the negotiation, conclusion and implementation of international agreements relating to the to this Convention dealing with matters.

(b)) in matters falling within the competence of such organisations, those on my own behalf, exercise the rights and fulfil the responsibilities which this Convention confers on the Convention Contracting States.

(c)) When an organization deposits its accession document, it must make a declaration to the Depositary specifying the extent of its competence with regard to this Convention Affairs.

d) such an organisation has no more votes than those it has by virtue of its membership status.



Article 15

Provisional application

By signing or at a later stage, before the entry into force of this Convention, a State may declare that it will apply this Convention in temporarily.

Article 16

Changes

1. A Contracting State to the Convention may make proposals for the amendment of this Convention. A proposed amendment must be submitted to the depositary, who immediately will let it circulate to all other States parties of the Convention.

2. If a majority of the Contracting States of the Convention requests the depositary to convene a Conference to consider the proposed amendments, the depositary shall invite all States parties to the Convention to participate in such a Conference, which must start no earlier than thirty days after the invitations are issued. An amendment adopted at the Conference by at least two thirds of all Convention Contracting States, are written down in a Protocol, which is available for signature in Vienna and New York for all Convention Contracting States.

3. the Protocol shall enter into force thirty days after that three States have declared their agreement to be bound by it. For each State, which has agreed to be bound by the Protocol after its entry into force, the Protocol shall enter into force thirty days after this statement.

Article 17

Withdrawel

1. A Convention Contracting State may withdraw from this Convention by giving written notification to the depositary.

2. The withdrawal will take effect one year after the depositary has received the notification.

Article 18

The depositary

1. The Agency's director-general is this depositary.

2. The Agency's director-general, shall forthwith give notice to the Convention Contracting States and all other States of the following:




(a)) all signatures of this Convention and any protocol of amendment;

(b)) all the deposits of instruments of ratification, acceptance, approval or accession in respect of this Convention and any protocol of amendment;

(c) statements or withdrawals thereof) in accordance with articles 8, 10 and 13;

d) declarations on the provisional application of this Convention in accordance with article 15;

e) entry into force of this Convention and of any amendments thereto; as well as

f) withdrawal in accordance with article 17.



Article 19

Authentic texts and certified copies

The original texts of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish text is equally authentic, shall be deposited with the International Atomic Energy Agency Director-general, who shall send copies thereof to the Contracting States of the Convention, and if all other States.

In WITNESS WHEREOF, the undersigned Plenipotentiaries have signed this Convention, which is available for signature in accordance with article 14, paragraph 1.

Approved by the International Atomic Energy Agency repræsentantsskabs special meeting in Vienna on six and twentieth september one thousand nine hundred and six and eighty.