Keywords foreign, INTERNATIONAL agreement, BILATERAL agreement, FRANCE, Belgium, RADIOACTIVE material, PROTECTION DE LA NATURE ET DE L'ENVIRONNEMENT, sustainable management, waste radioactive, nuclear fuel, reactor nuclear, fuel USE, treatment of fuel USE, nuclear safety, regulatory JORF n ° 0170 July 25, 2014 page 12274 text no. 4 order No. 2014-835 July 23, 2014, on the publication of the agreement between the Government of the French Republic and the Government of the Kingdom of Belgium concerning the treatment of spent fuel Belgian The Hague, signed in Paris on 25 April 2013 (1) NOR: MAEJ1416268D ELI: https://www.legifrance.gouv.fr/eli/decret/2014/7/23/MAEJ1416268D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2014/7/23/2014-835/jo/texte the President of the Republic, on the report of the Prime Minister and the Minister of Foreign Affairs and international development, given the Constitution, particular articles 52 to 55.
Having regard to the code of the environment, including its article L. 542 - 2 (1st);
Pursuant to law n ° 2006 - 739 of 28 June 2006 program on the sustainable management of radioactive waste and materials;
Having regard to Decree No. 53-192, 14 March 1953 as amended relating to the ratification and publication of international commitments entered into by France, enacts as follows: Article 1 the agreement between the Government of the French Republic and the Government of the Kingdom of Belgium concerning the treatment of Belgian at La Hague spent fuel, signed in Paris on April 25, 2013, will be published in the Official Journal of the French Republic.
Article 2 the Prime Minister and the Minister of Foreign Affairs and international development are responsible, each in relation to the implementation of this Decree, which shall be published in the Official Journal of the French Republic.
Annex agreement between the Government of the French Republic and the Government of the Kingdom of Belgium relating to the treatment of spent fuel BELGIANS in the HAGUE, signed in PARIS on April 25, 2013. the Government of the French Republic, on the one hand, and the Government of the Kingdom of Belgium, on the other hand, considering:-the contract for the processing of fuels, worn from the research BR2 reactor located on the site of Mol in Belgium concluded on 10 July 1997 between the General company for nuclear materials (hereinafter referred to as the AREVA NC) and StudieCentrum voor Kernenergie/Centre for the study of nuclear energy (hereinafter SCKCEN);
-the letter of the Minister of industry of the French Republic dated November 7, 2006, bringing to the attention of the Government of the Kingdom of Belgium a recent amendment of French legislation on the sustainable management of radioactive waste and materials;
-section 542-2-1 of the code of the resulting environment of the Act French No. 2006-739 of 28 June 2006 on the sustainable management of radioactive waste, including the I and materials sets out in particular: "spent fuel or radioactive waste cannot be introduced into the national territory to treatment purposes, research or transfer between foreign States. Introduction to treatment purposes may be authorized only under intergovernmental agreements and only on condition that the radioactive waste after treatment of these substances are not stored in France beyond a date fixed by these agreements. The agreement says the forecast periods of reception and processing of these substances and whether there are further prospects of use of radioactive material separated during processing. », have agreed as follows: Article 1 this agreement refers to processing of spent fuel, in accordance with the above mentioned contract. It is concluded without prejudice to the rules on nuclear safety and radiation protection. In accordance with articles L. 542 - 2 and L. 542-2-1 of the code of the french environment such that Act No. 2006-739 of 28 June 2006, entering french territory Belgian spent fuel is carried out for the purposes of processing by AREVA NC, and cannot give rise to a final disposal of wastes from abroad or of radioactive waste from the processing of fuels used on the french territory.
The introduction in France of spent fuel is authorized subject to compliance with the following provisions and obtaining the necessary authorizations for their treatment in respect of nuclear safety regulations.
Article 2 receipt of the spent fuel from the research reactor BR2 at the reprocessing plant French of La Hague will be made between the date of the entry into force of this agreement and 31 December 2025.
Article 3 treatment of spent research BR2 reactor fuel is expected within a period of six years following each spent at the La Hague plant, fuel delivery while respecting the following terms.
Article 4 in fulfilment of the obligations and commitments agreed in point 1 of this agreement, radioactive waste from the processing of these fuels will be returned in Belgium, who undertakes to be approved in the form of conditioned waste packages. Given the low volume of waste generated by the treatment, the return of these wastes will be a optimized by minimizing the number of transports, no later than December 31, 2030.
Article 5 the Government french undertakes to make the necessary arrangements and subject to its jurisdiction to allow the execution of this agreement.
The Belgian Government undertakes to make the necessary arrangements and subject to its jurisdiction to allow the execution of this agreement.
The Belgian Government undertakes to ensure compliance with the time limits provided for by this agreement in the authorization procedures, permits and licences necessary for delivery in Belgium of radioactive waste storage Center or storage meets security in force rules.
Article 6 the transport of radioactive waste on the territories of the French Republic, of any State of transit and the Kingdom of Belgium will be carried out in accordance with the regulations in force.
Article 7 the uranium and plutonium from spent fuel processing will be recycled in the form of new nuclear fuel in a reactor to civilian use.
Article 8a) any dispute between Governments on the application or interpretation of the present agreement is settled through formal consultations between the Parties. These formal consultations take place at the latest two months after the receipt of the request from one of the Parties.
(b) if within a period of six months a dispute is not resolved in this way by Governments with satisfaction of both Parties, it is submitted, at the request of one or other of the Governments concerned, to arbitration.
(c) arbitration is made by an Arbitration Commission whose composition is provided in the following manner: each Government shall appoint an arbitrator. The two arbitrators so designated shall appoint the third arbitrator who served as president.
Members of the Arbitration Commission other than the President are designated within a period of two months, the president within a period of three months from the request for arbitration.
The costs of the Commission are shared equally between the Parties. Each party is responsible for the expenses of its own representation.
(d) If a designation was not made within the period prescribed in paragraph (c) above, each of the States parties may invite the president of the Court of Justice of the European Union to proceed to the necessary appointment if the President of the Court is a national of a State concerned or if he is unable to perform this function for another reason the Presidents of Chambers of this Court make, by order of seniority, the necessary designation.
If they are nationals of a State concerned or if they also prevented to perform this function, the oldest court judge who is not a national of any of the States concerned and which is not prevented for other reasons is conducting the necessary designation.
(e) the Arbitration Commission takes its decisions by majority vote, on the basis of this agreement and general international law. The arbitrators cannot refrain. The decisions of the Arbitration Board are final, binding on the Parties and not subject to appeal.
Article 9 each party notifies the other the completion of the constitutional procedures required with the regard to the entry into force of the present agreement, which takes effect the day of reception of the second notification.
This agreement is valid until the date of the last return of radioactive waste from the processing of fuel used falling within its scope.
Done at Paris on April 25, 2013, in two originals in English.
For the Government of the French Republic: Laurent Fabius, Minister of Foreign Affairs for the Government of the Kingdom of Belgium: Patrick Vercauteren-Drubbel, Ambassador of Belgium in France made July 23, 2014.
François Hollande by the President of the Republic: Prime Minister Manuel Valls the Minister of Foreign Affairs and international development, Laurent Fabius (1) this agreement entered into force on 12 June 2014.