Rs 0.732.321.2 Convention Of 26 September 1986 On Assistance In The Case Of Nuclear Accident Or Radiological Emergency

Original Language Title: RS 0.732.321.2 Convention du 26 septembre 1986 sur l’assistance en cas d’accident nucléaire ou de situation d’urgence radiologique

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0.732.321.2 original text Convention on assistance in the case of nuclear accident or radiological emergency signed in Vienna on 26 September 1986 approved by the Federal Assembly on March 3, 1988, Instrument of ratification deposited by the Switzerland on 31 May 1988 entry into force for Switzerland on 1 July 1988 (Status January 27, 2016). States Parties to this Convention knowing that nuclear activities are carried out in a number of States, noting that comprehensive measures have been and are being taken to ensure a high level of safety in nuclear activities, to prevent nuclear accidents and limit as much as possible the consequences of any accident of this nature that might occur, eager to strengthen further international cooperation in the development and use safe nuclear energy convinced of the need to establish an international framework that will facilitate the rapid delivery of assistance in case of nuclear accident or radiological emergency, accident to mitigate the consequences, noting the usefulness of arrangements bilateral and multilateral assistance in this area, taking note of the activities of the international agency of Atomic Energy on the development of guidelines on the arrangements for mutual assistance for emergency in case of nuclear accident or radiological emergency accident , have agreed to the following: art. 1 General provisions 1. States Parties to cooperate among themselves and with the International Atomic Energy Agency (hereinafter referred to as the 'agency') in accordance with the provisions of this Convention to facilitate prompt assistance in the event of a nuclear accident or radiological emergency in order to limit as much as possible the consequences and to protect life, property and the environment from the effects of radioactive releases.
2. to facilitate this cooperation, States Parties may conclude bilateral or multilateral arrangements or, if necessary, a combination of the two, to prevent or minimize possible injury and damage that can be caused by a nuclear accident or radiological emergency.
3. the States Parties request to the Agency, acting under its Statute, to do his best, in accordance with the provisions of this Convention, to promote, facilitate and support cooperation between States Parties under this Convention.

Art. 2 provision of assistance 1. If a State party needs assistance in the case of a nuclear accident or situation of radiological emergency, that the origin of this accident or this emergency lies or not on its territory, under its jurisdiction or under its control, it can request this assistance to any other State party, directly or through the Agency, and to the agency or If necessary, to other intergovernmental international organizations (hereinafter referred to as "international organizations").
2. a State party which requires assistance indicates the scope and type of assistance required and, where possible, shall communicate to the party providing the assistance information that may be necessary for this part to determine to what extent it is able to meet the demand. In case where it is not possible for the State party who requires assistance to indicate the scope and type of assistance required, the State party requiring assistance and the party providing her set after will be consulted, the scope and type of assistance required.
3. each State party to which a request for assistance of this kind is addressed quickly and informed the State party that requires assistance, directly or through the Agency, if it is able to provide the assistance required, and the scope and the conditions of the assistance that could be provided.
4. the States Parties, within their capabilities, determine and notify to the Agency the experts, equipment and materials that could be made available for the provision of assistance to other States Parties in case of nuclear or radiological emergency, and the conditions, including financial, that this assistance could be provided.
5. any State party may request assistance relating to the medical treatment or temporary installation on the territory of another State party of people affected by a nuclear accident or radiological emergency.
((6. the Agency responds, in accordance with its Statute and the provisions of the present Convention at the request of a State party who requires assistance or of a Member State in the case of a nuclear accident or radiological emergency: a) in providing the appropriate resources for this purpose; b) in quickly transmitting the request to other States and international organizations that (, according to information available to the Agency, can have the resources necessary; c) if the State requiring assistance requested, in coordinating international assistance that may be available.

Art. 3 direction and control assistance except if it is otherwise agreed: a) the direction, control, coordination and supervision of all assistance obligations, on its territory, the State requiring assistance. The party providing the assistance should, when assistance requires staff, in consultation with the State requiring assistance the person which should be given and who should keep the direct operational supervision of personnel and equipment provided. The designated person should exercise this supervision in cooperation with the appropriate authorities of the State which requires assistance; b) State requiring assistance provides, in the limit of its possibilities, the facilities and the local services necessary for the rational and efficient administration of assistance. (It also ensures the protection of personnel, equipment and materials introduced in its territory, for the purposes of assistance, by the party providing the assistance or on his behalf; c) ownership of the equipment and materials provided by one or the other party during periods of assistance is not changed, and their return is guaranteed; d) a State party which provides assistance in response to a request made by virtue of the by. 5 of art. 2 coordinating such assistance in its territory.

Art. 4 competent authorities and contact points 1. Each State party indicates to the Agency and to the other States Parties, directly or through the Agency, its competent authorities and the contact authority point to make and receive requests and accept offers of assistance. These contact points and a central cell to the Agency are accessible at all times.
2. each State party shall communicate quickly to the Agency all changes that would be made to the information referred to the by. 1 3. The Agency communicates regularly and promptly to the States Parties, Member States and relevant international organizations the information referred to in the by. 1 and 2.

Art. 5 functions of the Agency. the States Parties, in accordance with the by. 3 of art. 1 and without prejudice to other provisions of this agreement, ask to the Agency of: a) collect and disseminate to States Parties and Member States of information: i) experts, equipment and materials that could be made available in the case of nuclear accidents or radiological emergencies, ii) methods, techniques and results of research related to interventions in accidents nuclear or radiological emergencies;

((b) provide assistance to a State party or a Member State, on request, for one any of the questions below or other appropriate questions: i) development of emergency plans for cases of nuclear accidents and radiological emergencies as well as the relevant legislation, ii) development of training programs for personnel to intervene in case of nuclear accidents and radiological emergencies (((, iii) cl assistance requests and transmission of relevant information in case of nuclear accident or radiological emergency, iv) development programs, procedures and standards appropriate monitoring of radioactivity, v) conducting studies to determine the possibility to implement appropriate systems of monitoring of radioactivity;

c) put at the disposal of a State party or of a Member State requiring assistance in case of nuclear accident or radiological emergency accident in appropriate resources to conduct an assessment of the accident or emergency situation; d) offer its good offices to the States Parties and Member States in case of accident or emergency radiological; e) establish and maintain liaison with international organizations with a view to 1 obtain and to exchange information and relevant data, and provide a list of these organizations to States Parties, Member States and the organisations.

Art. 6 privacy and public statements


1. the State requiring assistance and the party providing the assistance maintain the confidentiality of the confidential information to which one or the other have access on the occasion of the assistance in case of nuclear accident or radiological emergency. This information is used exclusively for the purpose of assistance agreed.
2. the party providing the assistance does its best to confer with the State requiring assistance before making public any information on the assistance provided during a nuclear accident or radiological emergency.

Art. 7 costs 1. A party who provides assistance may offer it for free to the State requiring assistance. Consider whether it should offer assistance on such a basis, the party providing the assistance shall take into account: a) of the nature of the nuclear accident or radiological emergency; b) of the place of origin of nuclear accident or radiological emergency; c) the needs of developing countries; d) special needs of countries with no nuclear facilities; e) other relevant factors.

2. where assistance is provided entirely or partially reimbursable basis, the State requiring assistance reimburses the party providing the assistance the costs incurred for services rendered by persons or organizations acting on its behalf and all costs relating to the assistance insofar as these expenses are not paid directly by the State requiring assistance. Unless it is agreed otherwise, reimbursement is made quickly after the party providing the assistance actually demand the State requiring assistance, and which costs other than local costs, and may be transferred freely.
3. Notwithstanding the provisions of the by. 2, the party providing the assistance may, at any time, waive the refund or accept the adjournment, in whole or in part. When considering this waiver or the adjournment, the parties providing assistance duly take into account the needs of developing countries.

Art. 8 privileges, immunities and facilities 1. The State requiring assistance provides staff to the party providing the assistance and personnel acting on its behalf the privileges, immunities and facilities necessary for the performance of their assistance functions.
(2 the State requiring assistance shall grant privileges and immunities below to the staff of the party providing the assistance or personnel acting on its behalf has been duly notified the State requiring assistance and accepted by him: has) immunity from arrest, detention and Court, including the Court criminal, civil and administrative structure of the State requiring assistance (, for acts or omissions in the exercise of its functions; b) the exemption of taxes, rights or other taxes, except those that are normally included in the price of goods or paid for services rendered, with regard to the performance of their assistance functions.

((3 the State requiring assistance: a) grants to the party providing the assistance the exemption from taxes of rights or other taxes on the equipment and goods which, for the purposes of assistance, are introduced in the territory of the State which requires assistance by the party who provides assistance; b) grants immunity from seizure, attachment or requisition of this material and these goods.

4. the State which requires assistance guarantees the return of this material and these goods. At the request of the party providing assistance, the State requiring assistance takes, in the best of its ability, provision for the necessary decontamination of reusable material used for assistance, before his return.
5. the State requiring assistance facilitates the entry and stay on its territory, as well as the release of its national territory, to the staff that has been the subject of the notification referred to the by. 2, as well as the material and necessary goods for assistance.
6. no provision of this article obliges the State requiring assistance to grant to its nationals or residents the privileges and immunities provided for in the preceding paragraphs.
7. without prejudice to the privileges and immunities, all recipients of these privileges and immunities under the terms of this section are required to respect the laws and regulations of the State requiring assistance. They are also required to not interfere in the internal affairs of the State that requires assistance.
8. no provision of this article violates the rights and obligations relating to privileges and immunities granted under other international agreements or rules of customary international law.
9. when he sign this agreement, ratify, accept it, approves it or adhere, a State may declare that he doesn't consider himself not as related, in whole or in part, by the by. 2 and 3.
10. a State party which has made a declaration in accordance with the by. 9 may withdraw it at any time by a notification addressed to the depositary.

Art. 9 transit of personnel, equipment and assets each State party, at the request of a State which requires the assistance of the party providing the assistance, strives to facilitate the transit on its territory, in and out the State requiring assistance, staff duly reported to a notification, as well as the equipment and property used for assistance.

Art. 10 legal actions and repairs 1. States Parties cooperate closely to facilitate the settlement of the prosecution and judicial proceedings under this section.
2. unless it is agreed otherwise, for any death or personal injury, damage to property or loss of property or damage to the environment caused within its territory or in another area placed under its jurisdiction or under its control during the provision of the required assistance, a State party who requires assistance: has) is no legal action against the party providing the assistance or physical or legal persons acting for his account; b) is responsible for the prosecution and judicial proceedings by third parties against the party providing the assistance or physical or legal persons acting on its behalf, c) discharge the party providing the assistance or the physical or legal persons acting on its behalf with respect to prosecution and legal actions referred to in para. ((b); d) pays compensation to the party providing the assistance or the physical or legal persons acting on its behalf in case: i) of death or injury of staff members of the party who provides assistance, or of natural persons acting for his account, ii) loss of equipment or durable materials used to provide the assistance, or damage;

except in case of intentional fault of those who have caused the death, injury, loss or damage.

3. This section does not prevent payment of repairs or compensation provided for by international agreements or national law of any State which would be applicable.
4. no provision of this article obliges the State requiring assistance to apply the by. 2, in whole or in part, to its nationals or residents.
5. when he sign this agreement, ratify, accept it, approves it or adhere, a State may declare: has) that he doesn't consider himself not as related, in whole or in part, by the by. 2, b) that it will not apply the by. 2, in whole or in part, in the event of serious negligence of those who caused the death, injury, loss or damage.

6. a State party which has made a declaration in accordance with the by. 5 may withdraw it at any time by a notification addressed to the depositary.

Art. 11 termination of assistance the State requiring assistance or the party providing the assistance may, at any time, after appropriate consultations and by written notice, request that it put an end to the assistance received or provided under this agreement. This request, the parties concerned shall consult to make arrangements for a cessation of assistance.

Art. 12 relationship with other international agreements this Convention does not affect the rights and obligations of States Parties under existing international agreements on matters covered by this agreement, or under future international agreements in accordance with the object and the purpose of the present Convention.

Art. 13 settlement of disputes 1. Any 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 shall consult to resolve it by negotiation or by other peaceful means of dispute settlement that is acceptable such parties.

2. If a dispute of this nature between States Parties cannot be settled within a period of one year after the request for consultation scheduled to the by. 1, it is, at the request of any party to the dispute submitted to arbitration or referred to the International Court of Justice for decision. If, within six months following the date of the request for arbitration, the parties to the dispute are unable to agree on the Organization of the arbitration, a party may request the President of the International Court of Justice or the Secretary-General of the Organization of the United Nations to appoint one or more arbitrators. In case of conflict between the demands of the parties to the dispute, the request to the Secretary-General of the United Nations prevails.
3 when he sign this agreement, ratify, accept it, approves it or adhere, a State may declare that he doesn't consider himself as bound by one or the other or the two dispute settlement procedures provided for in the by. 2. the other States Parties are not bound by a dispute settlement procedure to the by. 2 in respect of a State party for which a declaration is in force.
4. a State party which has made a declaration in accordance with the provisions of the by. 3 may withdraw it at any time by a notification addressed to the depositary.

Art. 14 entry into force 1. This Convention is open for signature by all States and Namibia, represented by the United Nations Council for Namibia, at the headquarters of the international agency of atomic energy, in Vienna, and at the headquarters of the United Nations, in New York, from September 26, 1986 and October 6, 1986, respectively, and until its entry into force or for a period of twelve months If it is longer.
2. a State and Namibia, represented by the United Nations Council for Namibia, may express their consent to be bound by this agreement, signature or deposit of an instrument of ratification, acceptance or approval after signature subject to ratification, acceptance or approval, or deposit of an instrument of accession. The instruments of ratification, acceptance, approval or accession are deposited with the depositary.
3. the present Convention comes into force 30 days after three States have expressed their consent to be bound.
4. for each State expressing its consent to be bound by this Convention after its entry into force, this Convention comes into force for that State thirty days after the date on which the consent was expressed.
5. a) this agreement is open, in accordance with the provisions of this section, the membership of international organizations and the regional integration organizations constituted by sovereign States, which are entitled to negotiate, conclude and apply international agreements on issues covered by this Convention; b) for issues that fall within their competence, such organizations, acting on their own behalf (, exercise the rights and fulfil the responsibilities which this Convention attributes to States Parties; c) when it deposits its instrument of accession, such an organization shall communicate to the depositary a statement showing the extent of its jurisdiction when it comes to issues covered by this Convention; d) such an organization does not have any vote additional to those of its Member States.

Art. 15 provisional application a State may, at the time of signature or at a later date prior to the entry into force of the present Convention, declare that it will apply this Convention provisionally.

Art. 16 amendments 1. A State party may propose amendments to this Convention. The proposed amendment is submitted to the depositary, which shall immediately forward it to all other States Parties.
2. If the majority of States Parties request the depositary to convene a conference to consider the proposed amendments, the depositary invites all States Parties to attend the conference, which will open 30 days at least after sending the invitations. Any amendment adopted at the conference by a majority of two thirds of all States Parties is recorded in a Protocol, which is open for signature by all States Parties in Vienna and New York.
3. the Protocol enter into force thirty days after that three States have expressed their consent to be bound. For each State expressing its consent to be bound by the Protocol after its entry into force, the Protocol comes into force for that State thirty days after the date on which the consent was expressed.

Art. 17 denunciation 1. A State party may denounce the present Convention by written notification to the depositary.
2. the denunciation shall take effect one year after the date on which the depositary receives the notification.

Art. 18 depositary 1. The Director general of the Agency is the depositary of this Convention.
2. the Director-general of the Agency shall notify quickly to States Parties and other States: a) each signature of this Convention or to any protocol amendment; b) each deposit of instrument of ratification, acceptance, approval or accession to this Convention or any protocol amendment; c) any declaration or any withdrawal of declaration made in accordance with the art. 8, 10 and 13; d) any declaration of provisional application of this Convention made in accordance with art. (15; e) the entry into force of this Convention and of any amendment which is brought; f) any denunciation made in accordance with art. 17 art. 19 authentic texts and certified copies the original of this Convention, the English, Arabic, Chinese, Spanish, French and Russian versions are equally authentic, shall be deposited with the Director general of the international agency of atomic energy, which will send copies certified to States Parties and other States.
In faith whereof, the undersigned, duly authorized, have signed this Convention, opened for signature in accordance with the provisions of the by. 1 of art. 14 adopted by the General Conference of the international agency of Atomic Energy meeting in extraordinary session in Vienna on twenty-nine hundred eighty-six thousand September.
(Follow signatures)

Scope 27 January 2016 States parties Ratification, accession (A) Declaration of estate (S) Signature without reservation of ratification (if any) coming into force South Africa * 10 August 1987 September 10, 1987 Albania 30 April 2003 A 31 May 2003 Algeria * January 15, 2004 15 February 2004 Germany * 14 September 1989 15 October 1989 Saudi Arabia * November 3, 1989 4 December 1989 Argentina * January 17, 1990 February 17, 1990 Armenia 24 August 1993 has 24 September 1993

Australia * September 22, 1987 23 October 1987 Austria * 21 November 1989 December 22, 1989 Bangladesh January 7, 1988 A February 7, 1988 Belarus * January 26, 1987 February 26, 1987 Belgium January 4, 1999 February 4, 1999 Bolivia * 22 August 2003 September 21, 2003 Bosnia and Herzegovina 30 June 1998 S March 1, 1992 Botswana 11 November 2011 was December 11, 2011 Brazil 4 December 1990 4 January 1991 Bulgaria 24 February 1988 26 March 1988 Burkina Faso 7 August

2014 September 6, 2014 Cameroon January 17, 2006 February 16, 2006 Canada * August 12, 2002 September 12, 2002 Chile September 22, 2004 October 23, 2004 China * 10 September 1987 11 October 1987 Cyprus 4 January 1989 A February 4, 1989 Colombia * June 23, 2005 23 July 2005 European Community of Atomic Energy (EURATOM/EAEC) * November 14, 2006 December 14, 2006 Korea (South) * June 8, 1990 July 9, 1990 Costa Rica September 16, 1991 October 17, 1991 Croatia

29 September 1992 S 8 October 1991 Cuba * January 8, 1991 8 February 1991 Denmark * 26 September 2008 26 October 2008 Egypt * October 17, 1988 El El Salvador November 17, 1988 * July 28, 2005 27 August 2005 UAE United * 2 October 1987a November 2, 1987 Spain * September 13, 1989 October 14, 1989 Estonia 9 May 1994 was June 9, 1994 United States * September 19, 1988 October 20, 1988 Finland * November 27, 1990 28 December 1990 France * March 6, 1989

6 April 1989 Gabon 19 February 2008 has March 20, 2008 Greece * June 6, 1991 7 July 1991 Guatemala August 8, 1988 September 8, 1988 Hungary 10 March 1987 10 April 1987 India * January 28, 1988 28 February 1988 Indonesia * 12 November 1993 13 December 1993 Iran * 9 October 2000 November 9, 2000 Iraq * July 21, 1988 21 August 1988 Ireland * September 13, 1991 14 October 1991 Iceland 27 January 2006 February 26, 2006 Israel * may 25, 1989 June 25

1989 Italy * 25 October 1990 November 25, 1990 Japan * 9 June 1987 10 July 1987 Jordan 11 December 1987 11 January 1988 Kazakhstan 10 March 2010 9 April 2010 Kuwait 13 May 2003 has June 13, 2003 Laos 10 may 2013 has 9 June 2013 Lesotho 17 September 2013 17 October 2013 Latvia 28 December 1992 has 28 January 1993 Lebanon 17 April 1997 18 May 1997 Libya 27 June 1990 was July 28, 1990 Liechtenstein 19 April 1994

20 May 1994 Lithuania 21 September 2000 October 22, 2000 Luxembourg 26 September 2000 has October 27, 2000 Macedonia 20 September 1996 S Malaysia 17 November 1991 *.


September 1, 1987 if 2 October 1987 Mali 1 October 2007 October 31, 2007 Morocco 7 October 1993 November 7, 1993 Maurice * August 17, 1992 to September 17, 1992 Mauritania September 19, 2011 was October 19, 2011 Mexico may 10, 1988 10 June 1988 Moldova 7 May 1998 A 7 June 1998 Monaco * 19 July 1989 19 August 1989 Mongolia June 11, 1987 July 12, 1987 Montenegro 21 March 2007 S 3 June 2006 Mozambique 30 October 2009 has 29 November 2009 Nicaragua * 11 November 1993 has 12 December 1993 Nigeria 10 August 1990 10 September 1990 Norway * September 26, 1986 so 26 February 1987 New Zealand * March 11, 1987 has 11 April 1987 Oman * July 9, 2009 August 8, 2009 organization of the United Nations for food and agriculture (FAO) * October 19, 1990 has 19 November 1990 World Meteorological Organization (WMO) * April 17, 1990 has 18 May 1990 World Health (who) Organization * August 10, 1988 10 September

1988 Pakistan * September 11, 1989 October 12, 1989 Panama April 1, 1999 2 May 1999 Paraguay February 6, 2013 March 8, 2013 Netherlands * September 23, 1991 October 24, 1991 Aruba September 23, 1991 24 October 1991 Curaçao October 10, 2010 10 October 2010 part Caribbean (Bonaire, Sint Eustatius and Saba) October 10, 2010 10 October 2010 Sint Maarten October 10, 2010 10 October 2010 Peru * July 17, 1995 August 17, 1995 Philippines 5 May 1997 has 5 June

1997 Poland March 24, 1988 24 April 1988 Portugal October 23, 2003 November 23, 2003 Qatar November 4, 2005 A December 4, 2005 Czech Republic 24 March 1993 1 January 1993 Romania S * June 12, 1990 has 13 July 1990 United Kingdom * February 9, 1990 12 March 1990 Russia * 23 December 1986 February 26, 1987 Saint - Vincent and the Grenadines 18 September 2001 has 19 October 2001 South Africa December 24, 2008 January 23, 2009 Serbia 5 February 2002 S 27 April 1992 Singapore 15 December 1997 has 15 January 1998 Slovakia * 10 February 1993 S January 1, 1993 Slovenia 7 July 1992 S 28 June 1991 Sri Lanka * January 11, 1991 has 11 February 1991 Sweden * June 24, 1992 25 July 1992 Switzerland 31 May 1988 1 July 1988 Tajikistan September 23, 2011 was October 23, 2011 Tanzania 27 January 2005 has February 26, 2005 Thailand * March 21, 1989 21 April 1989 Tunisia 24 February 1989 27 March 1989 Turkey * 3 January 1991 3 February 1991 Ukraine * January 26, 1987 February 26, 1987 Uruguay 21 December 1989 has 21 January 1990 Viet Nam * September 29, 1987 was October 30, 1987 * reservations and declarations. Reservations and declarations are not published to the RO. The texts in English can be found at the address of the Web site of the International Agency for Atomic Energy (IAEA) www.iaea.org/Publications/Documents/Conventions or obtained at the Directorate of public international law (FDFA), Section of international treaties, 3003 Bern.

The Convention does not apply to the Faroe Islands and the Greenland RO 1988 1371 RO 1988 1370 RO 1988 1371, 1989 400, 1990 1625, 1991 2220, 2005 2231, 2007 3597, 2010 1631, 2013 2311, 2016 507. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).

Status as of January 27, 2016

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