Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs and International Development,
Considering the Constitution, in particular articles 52 to 55;
Vu la Act No. 2013-580 of 4 July 2013 authorizing the approval of the agreement between the Government of the French Republic and the Government of the Principality of Monaco concerning the management in the French territory of Monegasque radioactive wastes;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France;
Vu le Decree No. 2006-17 of 5 January 2006 publishing the treaty to adapt and confirm relations of friendship and cooperation between the French Republic and the Principality of Monaco, signed in Paris on 24 October 2002;
Vu le Decree No. 2009-183 of 17 February 2009 publication of the convention to adapt and deepen administrative cooperation between the French Republic and the Principality of Monaco, signed in Paris on 8 November 2005,
Decrete:
The agreement between the Government of the French Republic and the Government of the Principality of Monaco on the management in the French territory of Monegasque radioactive wastes (a consolidated annex), signed in Paris on 9 November 2010, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs and International Development are responsible, each with respect to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.
AGREEMENT
BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE GOVERNMENT OF THE GLOBAL PRINCIPLE ON THE GLOBAL PRINCIPLE ON THE GLOBAL TERRITORY OF GLOBALLY RADIOACTORY (SEMBLIC ANNEX), SIGNED TO PARIS 9 NOVEMBER 2010
The Government of the French Republic, on the one hand,
And
The Government of the Principality of Monaco, on the other hand,
The following is called "Parties",
Considering the Treaty of 24 October 2002 aimed at adapting and confirming relations of friendship and cooperation between the French Republic and the Principality of Monaco, which establishes a "community of destiny" between the countries and consecrates their "close and privileged relations", and in particular its Articles 1st, 2, 6 and 7;
Considering the convention of 8 November 2005 aimed at adapting and deepening administrative cooperation between the French Republic and the Principality of Monaco, in particular its articles 1 and 7;
Wishing to implement the means of providing support in the best conditions of safety and security, the radiation protection of radioactive waste produced in the territory of the Principality,
The following agreed:
Article 1
For the purposes of this Agreement, "Monegasque radioactive waste" means all products or materials whose subsequent use is not intended or envisaged and whose radioactive properties have been acquired or used in Monegasque territory by entities whose exhaustive list is annexed.
The Annex, which is an integral part of this Agreement, may be amended by mutual written agreement between the parties by diplomatic means.
For the purposes of this Agreement, "care" means the final storage of the above-mentioned wastes in the centres operated by the National Agency for the Management of Radioactive Wastes (Andra), as well as the storage of the above-mentioned wastes pending the industrial commissioning of the storage centres that can accommodate them.
Article 2
For France, the competent authorities are the Minister for Energy who decides after the advice of the Andra and the Nuclear Safety Authority (ASN).
For Monaco, the competent authorities are the Government Advisor for Equipment, the Environment and Urban Planning, which is advising the Urban Planning Directorate and the Environment Directorate.
Article 3
Upon request from the competent Monegasque authorities, the competent French authorities may authorize the management of Monegasque radioactive wastes in the French territory, subject to the availability of the corresponding outlets and to the technical conditions of acceptability applicable to them.
The management of the wastes concerned shall be carried out according to the solutions most appropriate to the characteristics set out in paragraph 3 of this section, in the conditions and times consistent with the safety, security and radiation protection requirements of both parties.
As part of this application, the competent Monegasque authorities undertake to provide, to the competent French authorities, a detailed description of the wastes concerned, including their weight, volume, nature of radionuclides, and any elements concerning the activity and composition of wastes.
An application may also cover generic cases for a type of waste (especially the same physical, chemical and radioactive characteristics) and a producing entity for a maximum of five (5) years.
The competent Monegasque authorities shall certify for each claim that the wastes concerned meet the definition of the first paragraph of Article 1 of this Agreement.
Article 4
For the French party, the authorization referred to in Article 3 is granted in accordance with the provisions of Council Directive 2006/117 EURATOM of 20 November 2006 and the relevant provisions of Decree No. 2008-1380 of 19 December 2008.
Article 5
After obtaining the authorization of the French Minister for Energy, an agreement between the Andra and the entity concerned is signed with a view to setting the terms, times and costs for the handling of wastes, as well as the detailed conditions for any studies prior to the management of wastes carried out after the aforementioned authorization.
Article 6
The costs of any pre-care studies, including those conducted prior to the above-mentioned authorization, as well as the costs of transportation and waste management are borne by the entities listed in the annex to this Agreement. The Principality of Monaco is jointly and severally responsible for the financial obligations resulting from this article.
Article 7
On the anniversary date of the signing of this Agreement, it is brought to the attention of the Franco-Monegasque Cooperation Commission an annual report prepared by Andra on the application of this Agreement which contains mainly elements relating to the nature, volume and origin of Monegasque radioactive wastes stored or stored in French territory, as well as to the types of outlets used.
Article 8
Any dispute arising from the interpretation or application of this Agreement shall be resolved through consultations or negotiations between the Parties.
Article 9
This Agreement shall be concluded for a period of twenty-five (25) years renewable by tacit renewal.
This Agreement may be amended at any time by mutual agreement in writing between the Parties. The amendments shall enter into force as specified in Article 12, paragraph 1.
Article 10
Each Party may at any time notify the other Party in writing of its intention to denounce this Agreement. In this case, the Party that addresses the notification shall provide the reasons for this denunciation. These reasons are the subject of consultation between the Parties.
If a satisfactory solution for both Parties cannot be found, this Agreement shall cease to have effect on the expiry of a period of twelve months from the date of receipt of the notification by the other Party.
Article 11
The expiry or denunciation of this Agreement shall not affect the conservation of monegasque radioactive wastes stored or stored in the territory of the French Republic pursuant to this Agreement. In addition, provisions relating to waste management costs as provided for in sections 5 and 6 will continue to apply.
Article 12
Each Contracting Party shall notify the other of the fulfilment of the constitutional procedures required for the entry into force of this Agreement, which shall take effect on the first day of the second month following the day on which the second notification is received.
IN WITNESS WHEREOF, the representatives of the two Parties, duly authorized to do so, have signed and affixed their seal to this Convention.
Made in Paris, November 9, 2010, in two original French-language copies.
For the Government of the French Republic:
Secretary General of the Ministry of Foreign and European Affairs
Pierre Sellal
For the Government of the Principality of Monaco:
Minister of State
Michel Roger
Annex
LIST OF ENTITIES RELATED TO THE ARTICLE 1ER OF THE CORD TO THE FRENCH REPUBLIC AND THE PRINCIPLE OF MONACO RELATING TO THE PRICE ON THE TERRITORY GLOBALLY GLOBALLY RADIOACTORY DEVELOPINGS
Scientific Centre of Monaco
Exsymol Company
Princess Grace Hospital
IAEA Laboratory in Monaco
Monegasque sanitation company
Cardio-Thoracic Center of Monaco
Monegasque Institute of Medicine and Sportive Surgery (IM2S)
Done on 15 December 2014.
François Hollande
By the President of the Republic:
The Prime Minister,
Manuel Valls
Minister for Foreign Affairs and International Development,
Laurent Fabius
