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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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Table of Contents

Appendix 1

The Act on the Accession of Denmark to the International Atomic Energy Agency for assistance in the event of a nuclear accident or radiological emergency.

We, by God's grace, the Queen of the Danes, do our thing.

The parliament has adopted the following law, and we know that the following law has been approved by Parliament's consent :

§ 1. The International Atomic Energy Agency (IAEA) Convention of 26. September 1986 on assistance in the event of a nuclear accident or radiological emergency (assistance Convention), cf. Annex 1 to this Law shall apply here in the country.

§ 2. The Secretary of State may lay down rules on the reception of international emergency assistance in Denmark, in accordance with the provisions of the Convention in the event of a nuclear accident or radiological emergency.

§ 3. Article 8 (1). Paragraph 2 (a) shall not apply in cases where the personnel and personnel of the assisting State and personnel working on behalf of the welfare state have acted intentionally or gross negligent.

§ 4. The personnel and personnel of the assisting State and personnel working on behalf of the assisting State shall be exempt from the obligation to pay taxes in Denmark of the income in the exercise of their aid tasks, except where they are subject ; of the source tax tenment section of section 1.

§ 5. The tax minister may lay down detailed rules for the implementation of Article 8 (3) of the Convention. 2 (b).

§ 6. Volunts the assisting State or other legal persons or persons acting on behalf of this person, in the performance of assistance in Denmark or in the case of loss of liability in Denmark or in the case of liability for damages, compensation shall be paid out of compensation ; SECRAV.

Paragraph 2. In the case of death or personal injury to the person or persons acting on behalf of the welfare state or persons acting on behalf of the welfare state, and by loss or damage to equipment or materials that are not for use, and used for the use of the aid, the compensation of the Secretary of Defense shall be paid if, in accordance with Danish law, there is liability.

Paragraph 3. Paragrability 1 and 2 shall not apply to the death or damage caused by gross negligence.

§ 7. The law shall enter into force on the 15th. July 2008.

§ 8. The law does not apply to the Faroe Islands and Greenland, but can, by means of a royal device, be brought into force for these parts of the village, with the deviations which are attributable to the special ferry or Greenlandic conditions.

Givet at Christiansborg Castle, the 171. June 2008 MARGRETHE R / Søren Gade

Appendix 1

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

STATES THAT SUBSCRIBE TO THIS CONVENTION,

HAS OPLABORS ON that nuclear activity occurs in a number of states ;

HAS KONSTATED that comprehensive measures have been taken to ensure a high level of safety in nuclear activity, seeking to prevent nuclear accidents and to minimise the consequences of any such accident,

ESTS to strengthen further international cooperation on secure development and the use of nuclear energy,

IS OVERVIEWED about the need for an international framework which will facilitate the rapid provision of aid in the event of a nuclear accident or radiological emergency to reduce its consequences,

FINALLY FINALLY FINISHING A bilateral and multilateral agreement on mutual assistance in this field,

The International Atomic Energy Agency will develop guidelines for mutual assistance agreements in crisis situations in the context of a nuclear accident or radiological emergency ;

IS BLEVET ENIGE TO :

ARTICLE 1

General provisions

1. The Convention Contracts 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 with a view to facilitating rapid assistance in the event of a nuclear option ; accident or radiological emergency to reduce the consequences thereof and to protect lives, property and the environment from the effects of radioactive leaks.

2. In order to facilitate cooperation, the Convention Contracts may conclude bilateral or multilateral agreements or, where appropriate, a combination of such agreements in order to prevent or reduce person and / or damage as a result of : A nuclear accident or radiological emergency.

3. The Convention Contracts shall request the Agency acting within the framework of its statutes, in accordance with the provisions of this Convention, to make the most appropriate efforts to promote, facilitate and support cooperation between the parties concerned ; Convention contracts and States.

ARTICLE 2

Assistance

1. If a Convention Contracted State is in need of assistance in the event of a nuclear accident or radiological emergency, whether the accident or the crisis situation occurs inside or outside its territory, jurisdiction or authority, it may request assistance from any other Convention contract, either directly or through the Agency, and from the Agency or, where appropriate, from other international transnational organizations (hereinafter referred to as the Agency ' s) ; hereinafter referred to as ' international organisations `).

2. A Convention Contracting State requesting assistance shall specify the extent and nature of the requested assistance and where it is possible to provide the necessary information to determine the extent to which it is to determine the extent to which it is available ; is able to satisfy the request. In the event that it is not possible for the applicant State to specify the scope and the nature of the requested assistance, the applicant State and the assisting State shall determine the extent and the nature of the requested amount ; Aid.

3. Any Convention Contracting State receiving a request for assistance shall forthwith decide and communicate to the requesting Convention of the Conventional Agreement, whether directly or through the Agency, whether it is able to provide the assistance which : request, and specify the scope and conditions of any assistance provided.

4. The Convention Contracts shall, as far as possible, designate and notify the Agency of experts, equipment and materials which may be made available for the provision of assistance to other Convention-contracting states in the event of a nuclear accident ; or a radiological emergency, as well as the conditions, including the economic conditions, for the benefit of such assistance.

5. All Convention Contracts States may request assistance in medical treatment or the temporary relocation of persons involved in a nuclear accident or radiological emergency to another State's territory.

6. The Agency shall, in accordance with the provisions of the Staff Regulations and the provisions of this Convention, respond to a request for assistance in the event of a nuclear accident or a radiological emergency at the request of a Member State for assistance in the event of a nuclear accident or radiological emergency

a) provide suitable resources for this purpose ;

b) immediately forward the request to other States and international organisations which, in accordance with the information provided by the Agency, may be in possession of the necessary resources, as well as :

c) at the request of the applicant State, to coordinate aid at the level of the international level so that they may be available.

ARTICLE 3

Management and view of assistance

If the second decision is taken

a) the responsibility for the general direction, control, coordination and management of aid shall be required to rest on the applicant State within its territory. The assisting party should, if assistance involve staff, in consultation with the applicant State, designate the person who shall be responsible and immediately undertake to oversee the work of personnel and the equipment provided. The designated person shall supervise the supervision of the relevant authorities of the applicant State ;

b) The applicant State shall provide, as far as possible, local equipment and assistance to ensure a proper and efficient administration of the aid. It shall also ensure the protection of manpower, equipment and materials brought into its territory or on behalf of the welfare state for that purpose ;

c) Whereas the ownership of equipment and materials provided by the parties during the period of assistance remains unchanged, and that return is to be returned ;

d) a Convention contract which provides assistance in response to a request in accordance with Article 2 (1). 5, coordinate this assistance within its territory.

ARTICLE 4

Competent authorities and contact addresses

1. Any Convention Contracting State undertakes either directly or through the Agency to inform the Agency and other Convention Contracts of the Competent Authorities and Contact Address, which is empowered to submit and receive requests and accept the offer of assistance. These contact addresses and a central location within the Agency shall at all times be available.

2. Any Convention Contracting State shall immediately inform the Agency of any changes to the amendments referred to in paragraph 1. 1 mentioned information.

3. The Agency shall make a regular and rapid disclosing of the provisions of paragraph 1. 1 and 2 the information referred to by Convention Contracts shall be referred to by Member States and by international organisations.

Article 5

Tasks of the Agency

In accordance with Article 1 (1), 3, and without prejudice to any other provisions of this Convention, the Convention Contracts shall request the Agency for the following :

a) gather and provide information to the States and Member States of the Convention on the following :

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

2) methods, techniques and available research results in the response to nuclear accidents or radiological emergency ;

b) provide assistance to a contract contract or a Member State when they are requested in connection with the following or other relevant matters :

1) preparing both emergency plans in the event of a nuclear accident and radiological emergency, as well as appropriate legislation ;

2) the development of appropriate training programmes for the personnel so that it may concern themselves with nuclear accidents and radiological emergency ;

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

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

5) examination of the possibility of creating appropriate systems for the investigation of radiation ;

c) provide appropriate resources to carry out an initial assessment of the accident or crisis situation at the disposal of a Convention contract or a Member State requesting assistance in the event of a nuclear accident or radiological ; emergency ;

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

(e) establish and maintain links with the relevant international organisations, with the aim of obtaining and exchange of appropriate information and data, and the establishment of a list of such organisations at the disposal of : Convention contracts, Member States, and the organisations mentioned.

ARTICLE 6

Confidentiality and public declarations

The applicant State and the requesting State must protect the confidentiality of any information that will be made available to them in the case of aid in the event of a nuclear accident or a radiological emergency. Such information may be used solely with the aim of providing the agreement with the assistance.

2. The assisting State must do its utmost to ensure coordination with the applicant state before publishing information on aid granted in connection with a nuclear accident or radiological emergency.

Article 7

Reimbursement of costs

1. a provider of assistance may offer assistance free of charge for the applicant State. In the case of aid for assistance on this basis, the welfare state must take into account the following considerations :

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 special needs of countries without nuclear installations ; and

(e) other relevant factors.

2. When a grant is granted either whole or partial aid to the refund, the applicant State shall reimburse the assisting State the cost of services from persons or organisations acting on behalf of it, and expenditure in aid to the extent that these are not directly held by the applicant State. Unless otherwise agreed, reimbursement must take place immediately after the requesting State has submitted its request for reimbursement to the applicant State, and with regard to costs other than local costs, these shall be transferred freely.

Notwithstanding the provisions of paragraph 1, 2 may be specified in full or in part the requesting State, in whole or in part, to defer the reimbursement. In the light of the abandoning or postponement, the needs of the developing countries must duly be given due consideration.

ARTICLE 8

Privileges, immunity and equipment

The requesting State shall provide the personnel of the requesting State and the personnel working on behalf of the assisting State, the privileges, the privileges, immunity and equipment required for their execution of their assistance.

2. The applicant State shall provide the following privileges and immunity to the staff of the assisting State and the personnel working on behalf of the assisting State which has been announced for and approved by the applicant State :

a) immunity to arrest, detention and prosecution, as well as the criminal and administrative jurisdiction of the applicant State, with regard to acts or omissions in the performance of their duties ; and

b) exemption from taxation, taxes, other than charges normally included in goods or services performed, in the performance of their aid tasks.

3. The applicant State shall :

a) relieve the welfare state of taxation, levies on equipment and belongings which the assisting State brings to the territory of the applicant State for the purpose of providing assistance ; and

b) grant immunity to confiscation, seizure or foreclosure of this equipment and those possessions.

4. The requesting State shall ensure the return of this equipment and those possessions. Where the requesting State so requests, the applicant State shall provide as far as possible the necessary cleaning of equipment used for assistance before it is returned.

5. The applicant State shall facilitate access to, stay on and access from its national territory for the purposes of paragraph 1. 2 mentioned crew and equipment and belongings used in aid.

This article calls for nowhere in this Article, that the applicant country must grant its nationals and permanent residents of the privileges and immunity of the aforementioned paragraphs.

Without prejudice to the privileges and immunities, anyone who enjoys such privileges and immunities under this Article shall be obliged to respect the laws and regulations of the applicant State. They also have a duty not to interfere in the internal affairs of the welfare state.

Nothing in this article can be detrimental to rights and obligations in respect of privileges and immunity of other international agreements or of ordinary international law.

A state may, when signing, ratifies, accept, approve or accalate to this Convention, may declare that it does not consider itself to be wholly or partially bound by paragraph. Two and three.

10. A Convention-Contracted State which has issued a declaration in accordance with paragraph 1. 9 may, at any time, withdraw this by giving the depositary a communication thereof.

Article 9

Transportation of personnel, equipment and belongings

All Convention Contracts shall seek to facilitate, at the request of the applicant or assisting State, the States shall seek to facilitate the transport of duly notified personnel, equipment and possessions used in the execution of the aid through their territories ; and from the welfare state.

Article 10

Requirements and compensation

1. The Convention Contracts shall cooperate closely in order to facilitate the decision of disputes and the execution of claims pursuant to this Article.

2. Unless otherwise agreed upon, a requesting State in the case of death or injury, injury to or loss of property or damage to the environment that has been enacted on its territory or in an area subject to its jurisdiction ; or the authority of the provision of the requested assistance :

a) not take legal action against the welfare state or persons or other legal persons acting on behalf of this person ;

b) assume responsibility for the handling of disputes and claims made by third parties against the welfare state or persons or other legal persons acting on behalf of this person ;

c) keeping the welfare state or persons or other legal persons acting on behalf of this, untouched by disputes and requirements as referred to in (b) ; and

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

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

2) losses or damage to equipment or non-consumption of equipment which is of the aid to the aid ;

the exception is the case of intentional offenses committed by those responsible for death, injury, loss or injury.

3. This Article shall not prevent compensation or indemnification in accordance with international agreements or national legislation applicable to this purpose.

Paragraph 4 of this Article does not show that the requested state should be asked to bring the first paragraph. 2 in whole or in part in the case of its nationals or permanent residents.

5. A State may, when signing, ratifies, accept or acceding to this Convention, may declare :

a) that it does not consider to be bound, in whole or in part, of paragraph 1. 2 ;

b) that it is not, in the case of gross negligence committed by persons who have caused death, injury, loss or injury, the application of paragraph 1. Two, neither in whole or in part.

6. A Convention contract that has made a declaration in accordance with paragraph 1. 5 may, at any time, revoke it by giving the depositary notification thereof.

Article 11

End of aid

The applicant State or the assisting State may at any time after appropriate consultation and written notice, request the termination of assistance received or granted under this Convention. Where the request is made, the parties concerned shall arrange for the appropriate closure of the aid in consultation with the parties concerned.

Article 12

Relationship with other international agreements

This Convention shall not affect the reciprocal rights and obligations of the Convention Contracts States under the existing international agreements relating to matters covered by this Convention, or in future international agreements ; agreements concluded in accordance with the objectives and objectives of this Convention.

ARTICLE 13

Settlement of disputes

1. In the event of a dispute between Convention Contracting States or between a Convention Contracting State and the Agency on the interpretation and application of this Convention, the parties to the Conventions shall confer with the aim of settling the dispute ; by negotiated or in a peaceful manner which may be acceptable to the parties.

2. In the event that a dispute of this kind between Convention Contracts Contracts may not be settled within one year from the request for consultation pursuant to paragraph 1. At the request of one of the parties in the dispute, it shall be referred to the arbitration decision or to a decision by the International Court of Justice. Where a dispute is referred to by the arbitration and the parties not within six months of the date of request, agreement on the terms of the arbitration may a party ask the President of the International Court of Justice or the United Nations Secretary-General to appoint one or more arbitrators. In the case of conflicting requests from the parties to the dispute, the request to the Secretary-General of the United Nations Secretary of State should be given priority.

When this Convention is signed, ratified, accepted, approved or acceded, a State may declare that it does not consider to be bound by it or both of them in paragraph 1. 2 mentioned procedures for the settlement of disputes. The remaining States of the Convention shall not be bound by a dispute settlement procedure referred to in paragraph 1. 2, which includes a Convention contract, which has issued such a statement.

4. A Convention Contracted State, which has made a declaration in accordance with paragraph 1. 3, may at any time drag it back by giving the depositary a notice thereof.

ARTICLE 14

Entry into force

1. This Convention may be signed by all states and the Namibia represented by the United Nations ' Council for Namibia, in the headquarters of the International Atomic Energy Agency in Vienna and in the headquarters of the United Nations in New York from the United Nations ; 26 respectively. September 1986 and 6. In October 1986, until its entry into force or within 12 months, the longest of these periods shall be valid.

2. A state and Namibia, represented by the United Nations 'Council for Namibia', may express their consent to be bound by this Convention either by signature or by the escrow of a ratification, acceptance or approval document, by signature, subject to ratification, acceptance or approval, or deposit of an accession document. Ratification, acceptance, approval or accession documents shall be deposited with the depositary.

3. This Convention shall enter into force thirty days after three states have agreed to be bound by it.

4. This Convention shall enter into force for a State which accepts being bound by it after its entry into force, thirty days after the date of acceptance of the State concerned.

5.

a) This Convention is available for accession, as set out in this Article for international organisations and regional integration organisations, established by sovereign states which have the authority in terms of negotiation, conclusion and implementation of : international agreements relating to the matters referred to in this Convention.

b) In cases falling within the competence of such organisations, these on its own shall exercise the rights and fulfil the obligations which this Convention attaches to the Convention Contracted States.

c) When an organisation deposits its accession document, the depositary shall make a declaration indicating the extent of its competence with regard to the affairs of this Convention.

d) Such an organisation has no more votes than those it has in the power of its Member State.

Article 15

Temporary use

At the time of signing or at a later date, before the entry into force of this Convention, a State may declare that it will use this Convention temporarily.

Article 16

Changes

1. a Convention Contracted State may make proposals to amend this Convention. A proposed change must be made to the depositary, which will immediately circulate to all the other Convention Contracts.

2. If a majority of the Contracted Contracts request the depositary to convene a conference to consider the proposed changes, the depositary shall invite all the Convention Contracts to participate in such a conference ; at the earliest, start thirty days after the invitation is issued. A change that will be adopted at the conference of at least two thirds of all of the Convention Contracts States is written down in a protocol that is available for signature in Vienna and New York for all convention-contracting states.

3. The Protocol shall enter into force 30 days after three states have agreed to be bound by it. For each State which has agreed to be bound by the Protocol following its entry into force, the Protocol shall enter into force 30 days after that declaration.

Article 17

Extremination

1. a Convention Contracted State may withdraw from this Convention by written notice to the Depositary.

2. The extract will take effect one year after the notification has been received by the Depositary.

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, at the end of the day, make a notification to the Convention Contracts and all other States :

a) all the signatures of this Convention and any change protocol ;

b) all deposits of instruments of ratification, acceptance, approval or accession documents in the context of this Convention and any change protocol ;

c) declarations or revocation thereof, in accordance with Articles 8, 10 and 13 ;

d) Declarations concerning the temporary application of this Convention in accordance with Article 15 ;

(e) the entry into force of this Convention and of any amendments thereto ; and

(f) withdrawal in accordance with Article 17.

Article 19

Authentic texts and authentic Refactions

The original texts of this Convention, of which Arabic, Chinese, English, French, French, Russian and Spanish are equally authentic are deposited with the Director-General of the International Atomic Energy Agency, which shall send the confirmatory resides ; Convention contracts, together with all other States.

FOR CONFIRMATION HERAF has signed the authorized representative of this Convention, which is available for signature pursuant to Article 14 (1). 1.

The extraordinary meeting of the International Atomic Energy Agency in Vienna in Vienna on 6 and 20 September nitten a hundred and six and eighteen.