Key Benefits:
Original text
(State on 4 December 2013)
Preamble
The Contracting Parties -
Agreed to the following:
The objectives of this Convention are to:
For the purposes of this Convention
(1) This Convention applies to the safety of spent fuel management where the spent fuel is the result of the operation of civilian nuclear reactors. Spent spent fuel in reprocessing facilities that is the subject of a reprocessing activity shall not fall within the scope of this Convention unless the Contracting Party declares that the reprocessing is Part of spent fuel management.
(2) This Convention shall also apply to the safety of radioactive waste management where the radioactive waste is the result of civil applications. However, it does not apply to wastes that contain only natural radioactive materials and do not originate from the nuclear fuel cycle, unless they are a sealed source removed from the service or are not Declared as radioactive waste for the purposes of this Convention by the Contracting Party.
(3) This Convention shall not apply to the safety of the management of spent fuel or radioactive waste which forms part of military or defence programmes, unless they have been declared as spent fuel or radioactive waste For the purposes of this Convention by the Contracting Party. However, this Convention shall apply to the safety of the management of spent fuel and radioactive waste originating from military or defence programmes if and when these materials are permanently transferred to programmes Exclusively civilian and managed under these programmes.
(4) This Convention shall also apply to effluent discharges in accordance with the provisions of ss. 4, 7, 11, 14, 24 and 26.
Each Contracting Party shall take appropriate measures to ensure that, at all stages of spent fuel management, individuals, society and the environment are adequately protected from radiological risks.
In so doing, each Contracting Party shall take appropriate measures to:
Each Contracting Party shall take the appropriate measures to examine the safety of any existing spent fuel management facility at the time of entry into force of this Convention and ensure that, if necessary, all Improvements that can reasonably be achieved with a view to enhancing their security.
(1) Each Contracting Party shall take appropriate measures to ensure that procedures are in place and applied for a spent fuel management facility in a project, in order to:
(2) In so doing, each Contracting Party shall take appropriate measures to ensure that such installations do not have unacceptable effects on other Contracting Parties by choosing their site in accordance with the general safety requirements Set out in s. 4.
Each Contracting Party shall take appropriate measures to ensure that:
Each Contracting Party shall take appropriate measures to ensure that:
Each Contracting Party shall take appropriate measures to ensure that:
If, in accordance with its own legislative and regulatory framework, a Contracting Party has designated spent fuel for final storage, it shall be carried out in accordance with the obligations set out in chap. 3 with regard to the final disposal of radioactive waste.
Each Contracting Party shall take appropriate measures to ensure that, at all stages of the management of radioactive waste, individuals, society and the environment are adequately protected from radiological and other risks.
In so doing, each Contracting Party shall take appropriate measures to:
Each Contracting Party shall take in due time the appropriate measures to consider:
(1) Each Contracting Party shall take appropriate measures to ensure that procedures are in place and applied for a radioactive waste management facility in project, in order to:
(2) In so doing, each Contracting Party shall take appropriate measures to ensure that such installations do not have unacceptable effects on other Contracting Parties by choosing their site in accordance with the general safety requirements Set out in s. 11.
Each Contracting Party shall take appropriate measures to ensure that:
Each Contracting Party shall take appropriate measures to ensure that:
Each Contracting Party shall take appropriate measures to ensure that:
Each Contracting Party shall take appropriate measures to ensure that, after the closure of a permanent storage facility:
Each Contracting Party shall take, in domestic law, the legislative, regulatory and administrative measures and other provisions necessary to fulfil its obligations under this Convention.
(1) Each Contracting Party shall establish and maintain a legislative and regulatory framework for the safety of the management of spent fuel and radioactive waste.
(2) This legislative and regulatory framework provides:
(3) When examining whether radioactive material is to be subject to the regulations applicable to radioactive waste, the Contracting Parties shall take due account of the objectives of this Convention.
(1) Each Contracting Party shall create or designate a regulatory body responsible for the implementation of the legislative and regulatory framework referred to in s. 19, with the appropriate powers, jurisdiction and financial and human resources to carry out the responsibilities assigned to it.
(2) Each Contracting Party shall, in accordance with its legislative and regulatory framework, take appropriate measures to ensure effective independence of regulatory functions in relation to other functions in the bodies concerned Both the management of spent fuel or radioactive waste and the regulation of radioactive waste.
(1) Each Contracting Party shall ensure that the primary responsibility for the safety of the management of spent fuel or radioactive waste shall be the responsibility of the holder of the relevant authorization and shall take appropriate measures to ensure that Each holder of such authorisation shall bear his or her responsibility.
(2) In the absence of the holder of an authorization or other responsible party, the responsibility lies with the Contracting Party which has jurisdiction over the spent fuel or radioactive waste.
Each Contracting Party shall take appropriate measures to ensure that:
Each Contracting Party shall take the necessary measures to ensure the establishment and implementation of appropriate quality assurance programmes on the safety of spent fuel and radioactive waste management.
(1) Each Contracting Party shall take appropriate measures to ensure that during the useful life of a facility for the management of spent fuel or radioactive waste:
(2) Each Contracting Party shall take appropriate measures to ensure that effluent discharges are limited:
(3) Each Contracting Party shall take appropriate measures to ensure that during the useful life of a regulated nuclear facility, in the event that an unscheduled or uncontrolled release of radioactive material into the environment occurs, Appropriate corrective measures are implemented to control the program and mitigate its effects.
(1) Each Contracting Party shall ensure that, before and during the operation of a facility for the management of spent fuel or radioactive waste, there are contingency plans for the site and, if necessary, off-site emergency plans Appropriate. These contingency plans should be tested at appropriate intervals.
(2) Each Contracting Party shall take appropriate measures to develop and test contingency plans for its territory to the extent that it is likely to be affected in the event of a radiological emergency in a management facility Of spent fuel or radioactive waste adjacent to its territory.
Each Contracting Party shall take appropriate measures to ensure the safety of the decommissioning of a nuclear facility. These measures must ensure that:
(1) Each Contracting Party concerned by a transboundary movement shall take appropriate measures to ensure that such movement is carried out in a manner consistent with the provisions of this Convention and relevant international instruments Which is legally binding.
In doing so:
(2) A Contracting Party shall not issue an authorization for the shipment of its spent fuel or radioactive waste, for the purpose of its final storage or storage, to a destination south of 60 degrees latitude south.
(3) Nothing in this Convention shall prejudice or prejudice:
(1) Each Contracting Party shall take, in domestic law, appropriate measures to ensure that the detention, repackaging or final storage of sealed sources withdrawn from the service is carried out in a secure manner.
(2) A Contracting Party shall permit the return to its territory of sealed sources removed from the service if, under domestic law, it has accepted that such sources be returned to a manufacturer entitled to receive and hold sealed sources Removed from service.
(1) A preparatory meeting of the Contracting Parties shall be held within six months of the date of entry into force of this Convention.
(2) At this meeting, the Contracting Parties shall:
(3) Any State or regional organization with a character of integration or other nature that ratifies, accepts, approves, confirms or accedes to this Convention and for which this Convention is not yet in force May attend the preparatory meeting as if it were a Party to this Convention.
(1) A Contracting Party shall hold meetings to examine reports submitted pursuant to s. 32.
(2) At each review meeting, the Contracting Parties shall:
(3) Each Contracting Party shall, at each review meeting, have a reasonable opportunity to discuss the reports submitted by the other Contracting Parties and to seek clarification thereof.
An extraordinary meeting of the Contracting Parties shall be held:
(1) In accordance with the provisions of s. 30, each Contracting Party shall submit a national report at each Review Meeting of the Contracting Parties. This report deals with the measures taken to fulfil each of the obligations set out in the Convention. For each Contracting Party, the report shall also include:
(2) This report also includes:
(1) Each Contracting Party shall participate in the meetings of the Contracting Parties; it shall be represented by one delegate and, to the extent that it deems it necessary, by alternates, experts and advisers.
(2) Contracting Parties may invite, by consensus, any intergovernmental organization that is competent in matters governed by this Convention to attend, as an observer, any meeting or session A meeting. Observers are required to accept in writing and in advance the provisions of s. 36.
The Contracting Parties shall, by consensus, adopt and make available to the public a document on the issues discussed and the conclusions reached during the meetings of the Contracting Parties.
(1) The languages of the meetings of the Contracting Parties shall be English, Arabic, Chinese, Spanish, French and Russian, unless otherwise provided in the Rules of Procedure.
(2) Any report submitted pursuant to s. 32 shall be established in the national language of the Contracting Party which presents it or in a single language which shall be designated by common accord in the Rules of Procedure. In the case where the report is presented in a national language other than the designated language, a translation of the report into the national language shall be provided by the Contracting Party.
(3) Notwithstanding the provisions of s. 2, if compensated, the secretariat shall handle the translation into the designated language of the reports submitted in any other language of the meeting.
(1) The provisions of this Convention shall not affect the rights and obligations of Contracting Parties, in accordance with their law, to prevent the disclosure of information. For the purposes of this Article, the term "information" includes, in particular, information relating to national security or physical protection of nuclear material, information protected by intellectual property rights, or Industrial or commercial secret, and personal data.
(2) Where, in the context of this Convention, a Contracting Party provides information by specifying that it is protected as indicated in par. 1, this information is used only for the purposes for which it was provided and its confidential nature is respected.
(3) With respect to information relating to spent fuel or radioactive waste that falls within the scope of this Convention under s. 3 of Art. 3, the provisions of this Convention shall not affect the sovereign power of the Contracting Party concerned to decide:
(4) The content of the debates taking place during the examination of the national reports at each examination meeting held in accordance with Art. 30 is confidential.
(1) The International Atomic Energy Agency (hereinafter 'the Agency') Provides the secretariat for the meetings of the Contracting Parties.
(2) The secretariat shall:
The expenses incurred by the Agency in carrying out the tasks set out in paras. (i) and (ii) above are covered under its regular budget.
(3) Contracting Parties may, by consensus, request the Agency to provide other services for meetings of the Contracting Parties. The Agency may provide these services if it is possible to provide such services under its regular program and budget. Should this not be possible, the Agency may provide these services if they are voluntarily funded by another source.
In the event of disagreement between two or more Contracting Parties concerning the interpretation or application of this Convention, the Contracting Parties shall consult in the context of a meeting of the Contracting Parties with a view to Resolve this disagreement. Should such consultations prove to be unproductive, the mechanisms of mediation, conciliation and arbitration under international law, including the rules and practices in force within the Agency, may be used.
(1) This Convention shall be open for signature by all States at the Headquarters of the Agency, in Vienna, from 29 September 1997 until its entry into force.
(2) This Convention shall be subject to ratification, acceptance or approval by the signatory States.
(3) After its entry into force, this Convention shall be open for accession by all States.
(5) Instruments of ratification, acceptance, approval, accession or confirmation shall be deposited with the depositary.
(1) This Convention shall enter into force on the ninetieth day after the date of filing with the depositary of the twenty-fifth instrument of ratification, acceptance or approval, provided that such an instrument has been deposited by Fifteen states with each nuclear power station in service.
(2) For each State or regional integration organization or other nature that ratifies this Convention, accepts, approves, confirms or accedes to this Convention after the date of deposit of the last instrument required for the conditions Set out in s. 1 be complied with, this Convention shall enter into force on the ninetieth day after the date of filing with the depositary of the appropriate instrument by that State or organization.
(1) Any Contracting Party may propose an amendment to this Convention. The proposed amendments are considered at a review meeting or an extraordinary meeting.
(2) The text of any proposed amendment and the reasons for this amendment shall be communicated to the depositary transmitting the proposal to the Contracting Parties at least ninety days before the meeting to which the amendment is submitted in order to be Reviewed. Any comments received concerning the said proposal shall be communicated to the Contracting Parties by the depositary.
(3) The Contracting Parties shall, after considering the proposed amendment, decide whether to adopt it by consensus or, in the absence of consensus, to submit it to a diplomatic conference. Any decision to submit a proposed amendment to a diplomatic conference shall be taken by a two-thirds majority of the Contracting Parties present and voting at the meeting, provided that at least half of the Contracting Parties are At the time of the vote.
(4) The Diplomatic Conference to consider and adopt amendments to this Convention shall be convened by the depositary and shall be convened within one year after the appropriate decision has been taken in accordance with the s. 3 of this article. The Diplomatic Conference makes every effort to ensure that the amendments are adopted by consensus. If this is not possible, the amendments shall be adopted by a two-thirds majority of all the Contracting Parties.
(5) Amendments to this Convention that have been adopted in accordance with s. 3 and 4 above shall be subject to ratification, acceptance, approval or confirmation by the Contracting Parties and shall enter into force in respect of Contracting Parties which have ratified, accepted, approved or confirmed the ninetieth The day following the receipt by the depositary of the corresponding instruments of at least two-thirds of those Contracting Parties. For a Contracting Party which ratifies, accepts, approves or subsequently confirms the said amendments, those amendments shall enter into force on the ninetieth day following the filing by that Contracting Party of the corresponding instrument.
(1) Any Contracting Party may denounce this Convention by a written notification addressed to the depositary.
(2) Denunciation shall take effect one year after the date on which the depositary receives such notification, or at any other later date specified in the notification.
(1) The Director General of the Agency shall be the depositary of this Convention.
(2) The depositary shall inform the Contracting Parties of:
The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish versions are equally authentic, shall be deposited with the depositary, which shall send certified copies to the Contracting Parties.
In witness whereof, The undersigned, to that duly authorized, have signed this Convention.
Done at Vienna, 5 September 1997.
(Suivent signatures)
States Parties |
Ratification Accession (A) |
Entry into force |
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South Africa |
15 November |
2006 A |
13 February |
2007 |
Albania |
29 June |
2011 A |
27 September |
2011 |
Germany |
13 October |
1998 |
18 June |
2001 |
Saudi Arabia |
19 September |
2011 A |
18 December |
2011 |
Argentina |
14 November |
2000 |
18 June |
2001 |
Armenia |
22 May |
2013 A |
August 20 |
2013 |
Australia |
5 October |
2003 |
3 November |
2003 |
Austria |
13 June |
2001 |
11 September |
2001 |
Belarus |
26 November |
2002 |
24 February |
2003 |
Belgium |
5 November |
2002 |
4 December |
2002 |
Bosnia and Herzegovina |
2 August |
2012 A |
October 31 |
2012 |
Brazil |
17 February |
2006 |
18 May |
2006 |
Bulgaria |
21 June |
2000 |
18 June |
2001 |
Canada |
7 May |
1998 |
18 June |
2001 |
Chile |
26 September |
2011 A |
25 December |
2011 |
China * A |
13 September |
2006 A |
12 December |
2006 |
Cyprus |
21 October |
2009 A |
19 January |
2010 |
European Atomic Energy Community (EURATOM) * |
4 October |
2005 A |
2 January |
2006 |
Korea (South) |
16 November |
2002 |
15 December |
2002 |
Croatia |
10 May |
1999 |
18 June |
2001 |
Denmark B |
3 September |
1999 |
18 June |
2001 |
United Arab Emirates |
July 31 |
2009 A |
29 October |
2009 |
Spain |
11 May |
1999 |
18 June |
2001 |
Estonia |
3 February |
2006 |
4 May |
2006 |
United States |
15 April |
2003 |
July 14 |
2003 |
Finland |
10 February |
2000 |
18 June |
2001 |
France |
April 27 |
2000 |
18 June |
2001 |
Gabon |
29 April |
2010 A |
28 July |
2010 |
Georgia |
July 22 |
2009 A |
20 October |
2009 |
Ghana |
1 Er June |
2011 A |
August 30 |
2011 |
Greece |
18 July |
2000 |
18 June |
2001 |
Hungary |
2 June |
1998 |
18 June |
2001 |
Indonesia |
1 Er April |
2011 |
30 June |
2011 |
Ireland |
20 March |
2001 |
18 June |
2001 |
Iceland |
27 January |
2006 A |
April 27 |
2006 |
Italy |
February 8 |
2006 |
9 May |
2006 |
Japan * |
26 August |
2003 A |
24 November |
2003 |
Kazakhstan |
10 March |
2010 |
8 June |
2010 |
Kyrgyzstan |
18 December |
2006 A |
18 March |
2007 |
Latvia |
March 27 |
2000 |
18 June |
2001 |
Lithuania |
March 16 |
2004 |
14 June |
2004 |
Luxembourg |
August 21 |
2001 |
19 November |
2001 |
Macedonia |
31 December |
2009 A |
March 31 |
2010 |
Malta |
16 September |
2013 A |
15 December |
2013 |
Morocco |
July 23 |
1999 |
18 June |
2001 |
Mauritius |
15 April |
2013 A |
July 14 |
2013 |
Mauritania |
19 September |
2011 A |
18 December |
2011 |
Moldova * |
23 February |
2010 A |
24 May |
2010 |
Montenegro |
August 9 |
2010 A |
7 November |
2010 |
Nigeria |
April 4 |
2007 A |
3 July |
2007 |
Norway |
12 January |
1998 |
18 June |
2001 |
Oman |
28 May |
2013 A |
26 August |
2013 |
Uzbekistan |
19 July |
2009 A |
19 April |
2009 |
Netherlands C |
April 26 |
2000 |
18 June |
2001 |
Poland |
5 May |
2000 |
18 June |
2001 |
Portugal |
15 May |
2009 A |
13 August |
2009 |
Czech Republic |
25 March |
1999 |
18 June |
2001 |
Romania |
September 6 |
1999 |
18 June |
2001 |
United Kingdom |
12 March |
2001 |
18 June |
2001 |
Russia |
19 January |
2006 |
19 April |
2006 |
Senegal |
24 December |
2008 A |
24 March |
2009 |
Slovakia |
6 October |
1998 |
18 June |
2001 |
Slovenia |
25 February |
1999 |
18 June |
2001 |
Sweden |
July 29 |
1999 |
18 June |
2001 |
Switzerland |
5 April |
2000 |
18 June |
2001 |
Tajikistan |
12 December |
2007 A |
March 11 |
2008 |
Ukraine |
24 July |
2000 |
18 June |
2001 |
Uruguay |
28 December |
2005 A |
28 March |
2006 |
Vietnam |
9 October |
2013 A |
7 January |
2014 |
* |
Reservations and declarations. |
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Reservations and declarations are not published in the RO. The English text can be accessed at the International Atomic Energy Agency (IAEA) website: http://ola.iaea.org/OLA/treaties/multi.asp or obtained from the Directorate of Public International Law (DDIP), Treaty Section International, 3003 Berne. |
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A |
The Convention does not apply to the Macao Special Administrative Region (SAR) of the People's Republic of China. |
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B |
The Convention does not apply to the Faroe Islands and Greenland. |
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C |
For the Kingdom in Europe. |
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1 RO 2005 31
2 RS 0.732.020
3 RS 0.732.321.1
4 RS 0.732.321.2
5 RS 0.732.031
6 RS 0.814.287
7 RS 0.814.05
8 This publication supplements those contained in the RO 2005 56 , 2007 3935, 2010 1627, 2011 4905 and 2014 125. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).