Advanced Search

RS 0.732.11 Joint Convention of 5 September 1997 on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management

Original Language Title: RS 0.732.11 Convention commune du 5 septembre 1997 sur la sûreté de la gestion du combustible usé et sur la sûreté de la gestion des déchets radioactifs

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

0.732.11

Original text

Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management

Concluded in Vienna on 5 September 1997

Approved by the Federal Assembly on December 14, 1999 1
Instrument of ratification deposited by Switzerland on 5 April 2000
Entry into force for Switzerland on 18 June 2001

(State on 4 December 2013)

Preamble

The Contracting Parties -

(i)
Recognising that the operation of nuclear reactors produces spent fuel and radioactive waste and that other applications of nuclear technologies also generate radioactive waste;
(ii)
Recognising that the same safety objectives apply to the management of spent fuel as well as to radioactive waste;
(iii)
Reaffirming the importance for the international community to ensure that sound practices are provided for and implemented for the safety of spent fuel and radioactive waste management;
(iv)
Recognizing the importance of informing the public on issues related to the safety of spent fuel and radioactive waste management;
(v)
Wishing to promote a genuine nuclear safety culture throughout the world;
(vi)
Reaffirming the ultimate responsibility of the State to ensure the safety of the management of spent fuel and radioactive waste;
(vii)
Recognising that it is up to the State to define a policy on fuel cycle, some states considering that spent fuel is a valuable resource, which can be reprocessed, others choosing to store it Definitely;
(viii)
Recognising that spent fuel and radioactive waste not covered by this Convention as part of military or defence programmes should be managed in accordance with the objectives set out in this Convention;
(ix)
Affirming the importance of international cooperation in enhancing the safety of spent fuel and radioactive waste management through bilateral and multilateral mechanisms and the present incentive Convention;
X)
Bearing in mind the needs of developing countries, in particular the least developed countries, and States with economies in transition, and the need to facilitate the functioning of existing mechanisms in order to contribute to the exercise of Their rights and the fulfilment of their obligations as set out in this Convention;
(xi)
Convinced that radioactive waste should, to the extent that it is compatible with the safety of the management of these materials, be permanently stored in the State in which they were produced, while recognising that, in certain Circumstances, the safe and efficient management of spent fuel and radioactive waste could be facilitated by agreements between Contracting Parties for the use of facilities located in one of them for the benefit of other Parties, In particular where the waste is the result of joint projects;
(xii)
Recognising that any State has the right to prohibit the import into its territory of spent fuel and radioactive waste of foreign origin;
(xiii)
Bearing in mind the Convention on Nuclear Safety (1994) 2 The Convention on the Early Notification of a Nuclear Accident (1986) 3 , the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency (1986) 4 , the Convention on the Physical Protection of Nuclear Material (1980) 5 , the Convention on the Prevention of Pollution of the Seas from Dumping of Wastes and Other Matter, as amended (1994) 6 And other relevant international instruments;
(xiv)
Bearing in mind the principles set out in the International Basic Standards for the Protection against ionizing Radiation and the Safety of Radiation Sources (1996), established under the auspices of several organizations, in the document The IAEA (Foundations of Safety) entitled "Principles of Radioactive Waste Management" (1996), as well as existing international standards governing the safety of the transport of radioactive materials;
(xv)
Recalling chap. 22 of Agenda 21 adopted by the United Nations Conference on Environment and Development in Rio de Janeiro in 1992, which reaffirms the paramount importance of the safe and environmentally sound management of radioactive waste;
(xvi)
Recognizing the desirability of strengthening the international control system that applies specifically to the radioactive material referred to in Art. 1.3 of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (1989) 7 -

Agreed to the following:

Chapter I Objectives, Definitions and Scope

Art. 1 Objectives

The objectives of this Convention are to:

(i)
Achieve and maintain a high level of safety worldwide in the management of spent fuel and radioactive waste, through the strengthening of national measures and international cooperation, including, where appropriate, Technical cooperation in security matters;
(ii)
Ensure that, at all stages of the management of spent fuel and radioactive waste, there are effective defences against the potential risks so that individuals, society and the environment are protected, today and The future, against the harmful effects of ionizing radiation, so that it is satisfied with the needs and aspirations of the present generation without compromising the ability of future generations to satisfy their own;
(iii)
Preventing accidents with radiological consequences and mitigating these consequences in the event of such accidents occurring at any stage in the management of spent fuel or radioactive waste.
Art. 2 Definitions

For the purposes of this Convention

(a)
"Authorization" means any authorization, permission or certification issued by a regulatory authority to undertake any activity relating to the management of spent fuel or radioactive waste;
(b)
"Spent fuel" means nuclear fuel that has been irradiated in the core of a reactor and has been permanently removed from it;
(c)
"Radioactive waste" means radioactive material in gaseous, liquid or solid form for which no further use is provided for by the Contracting Party or by a natural or legal person whose decision is accepted by The Contracting Party and which are controlled as radioactive waste by a regulatory body in accordance with the legislative and regulatory framework of the Contracting Party;
(d)
"Decommissioning" refers to all steps leading to the removal of regulatory control over a nuclear facility other than a permanent storage facility. These steps include decontamination and dismantling operations;
(e)
"Useful life" means the period in which a spent fuel management facility or radioactive waste facility is used for the intended purpose. In the case of a permanent storage facility, this period shall begin at the time when spent fuel or radioactive waste is first put into place in the facility and ends with the closure of the facility;
(f)
"Storage" means the possession of spent fuel or radioactive waste in a facility that provides for containment, with the intention of reclaiming them;
(g)
"State of destination" means the State to which a transboundary movement is intended or is taking place;
(h)
"State of origin" means the State from which a transboundary movement is foreseen or is engaged;
(i)
"Transit State" means any State, other than the State of origin or the State of destination, through whose territory a transboundary movement is planned or takes place;
(j)
"Closure" means the completion of all operations some time after the installation of spent fuel or radioactive waste in a final storage facility. These operations include the latest works or other works required to ensure the long-term security of the facility;
(k)
"Radioactive waste management" means all activities, including decommissioning activities, that relate to the handling, preprocessing, processing, packaging, storage or final disposal of waste To the exclusion of transport outside a site. This may also include effluent discharges;
(l)
"Spent Fuel Management" refers to all activities related to the handling or storage of spent fuel, excluding transportation outside a site. This may also include effluent discharges;
(m)
"Spent Fuel Management Facility" means any facility or facility primarily for the management of spent fuel;
(n)
"Radioactive Waste Management Facility" means any facility or facility which is primarily concerned with the management of radioactive waste, including a nuclear installation during decommissioning, provided that it Be defined by the Contracting Party as a radioactive waste management facility;
(o)
"Nuclear installation" means a civil installation with its land, buildings and equipment, in which radioactive material is produced, processed, used, handled, stored or permanently stored at such a level The need to consider security arrangements;
(p)
"Transboundary Movement" means any shipment of spent fuel or radioactive waste from a State of origin to a State of destination;
(q)
"Regulatory Agency" means one or more bodies invested by the Contracting Party of the legal authority to regulate any aspect of the safety of the management of spent fuel or radioactive waste, and in particular to issue Authorizations;
(r)
"Releases of effluents" means releases to the environment of liquid or gaseous radioactive material as a legitimate practice during the normal operation of regulated nuclear facilities. These emissions are programmed and controlled within the limits authorized by the regulator;
(s)
"Reprocessing" means a process or operation to extract radioactive isotopes of spent fuel for future use;
(t)
"Sealed source" means radioactive material which is permanently enclosed in a capsule or fixed in solid form, excluding reactor fuel elements;
(u)
"Final storage" means the installation of spent fuel or radioactive waste in an appropriate facility without any intention to recover them.
Art. 3 Scope of application

(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.

Chapter 2 Safety of Spent Fuel Management

Art. 4 General safety requirements

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:

(i)
Ensure that the criticality and disposal of the residual heat generated during spent fuel management is adequately addressed;
(ii)
To ensure that the production of radioactive waste related to spent fuel management is maintained at the lowest possible level, taking into account the type of fuel cycle policy adopted;
(iii)
Consider the interrelationship between the different stages of spent fuel management:
(iv)
To ensure effective protection of individuals, society and the environment by applying appropriate protection methods at the national level, which have been approved by the regulatory body, within the framework of its national legislation, Which takes due account of internationally agreed criteria and standards;
(v)
Consider biological, chemical and other risks that may be associated with spent fuel management;
(vi)
Strive to avoid actions whose reasonably foreseeable effects on future generations are greater than those allowed for the present generation;
(vii)
Seek to avoid imposing undue hardship on future generations.
Art. 5 Existing installations

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.

Art. 6 Site selection for project facilities

(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:

(i)
Assess all relevant site-related factors that may affect the safety of this facility over the life of its useful life;
(ii)
To assess the impact that this facility may have on individuals, society and the environment from a security perspective;
(iii)
To make available to the public information on the safety of this facility;
(iv)
To consult the Contracting Parties adjacent to such an installation, to the extent that it is likely to have consequences for them, and to provide them, at their request, with general data concerning the installation in order to To assess the likely impact on their territory of security.

(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.

Art. 7 Facility Design and Construction

Each Contracting Party shall take appropriate measures to ensure that:

(i)
When designing and constructing a spent fuel management facility, appropriate measures are planned to limit potential radiological impacts on individuals, society and the environment, including Those due to effluent discharges or uncontrolled emissions;
(ii)
At the design stage, consideration shall be given to the theoretical plans and, as appropriate, technical provisions for the decommissioning of a spent fuel management facility;
(iii)
The technologies used in the design and construction of a spent fuel management facility are based on experience, testing or analysis.
Art. 8 Facility Security Assessment

Each Contracting Party shall take appropriate measures to ensure that:

(i)
Prior to the construction of a spent fuel management facility, a systematic assessment of the security and an environmental assessment that is appropriate to the risk presented by the facility will be carried out. Useful life;
(ii)
Prior to the operation of a Spent Fuel Management Facility, updated and detailed versions of the safety assessment and environmental assessment shall be prepared, where deemed necessary, to complete the assessments Referred to in para. (i).
Art. Operation of facilities

Each Contracting Party shall take appropriate measures to ensure that:

(i)
The authority to operate a spent fuel management facility is based on the appropriate assessments specified in s. 8 and be subject to the implementation of a commissioning program demonstrating that the facility, as constructed, complies with the design and security requirements;
(ii)
Operating limits and conditions arising from tests, operating experience and appraisals specified in s. 8 be defined and revised as required;
(iii)
The operation, maintenance, monitoring, inspection and testing of a spent fuel management facility shall be carried out in accordance with established procedures;
(iv)
Engineering and technology support in all safety-related fields is available throughout the useful life of a spent fuel management facility;
(v)
Significant safety incidents are reported on time by the holder of the authorization to the regulator;
(vi)
Programs for the collection and analysis of relevant data from the operating experience are in place and in response to the results achieved, where appropriate;
(vii)
Decommissioning plans for a spent fuel management facility are developed and updated, as required, using information obtained during the useful life of this facility, and reviewed by The regulator.
Art. 10 Definitive Storage of Spent Fuel

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.

Chapter 3 Safety of radioactive waste management

Art. 11 General safety requirements

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:

(i)
Ensure that the criticality and disposal of waste heat generated during the management of radioactive waste is adequately taken into account;
(ii)
To ensure that the production of radioactive waste is maintained at the lowest possible level;
(iii)
Take into account the interrelationship between the different stages of radioactive waste management;
(iv)
To ensure effective protection of individuals, society and the environment by applying appropriate protection methods at the national level, which have been approved by the regulatory body, within the framework of its national legislation, Which takes due account of internationally agreed criteria and standards;
(v)
Consider biological, chemical and other risks that may be associated with the management of radioactive waste;
(vi)
Strive to avoid actions whose reasonably foreseeable effects on future generations are greater than those allowed for the present generation;
(vii)
Seek to avoid imposing undue hardship on future generations.
Art. 12 Existing facilities and past practices

Each Contracting Party shall take in due time the appropriate measures to consider:

(i)
The safety of any existing radioactive waste management facility at the time of entry into force of this Convention and shall ensure that, where necessary, all improvements that can reasonably be made to the Be in a position to enhance its security;
(ii)
The consequences of past practices to determine whether intervention is necessary for radiation protection purposes without losing sight of the fact that the reduction in damage resulting from the decrease in dose should be sufficient for Justify the adverse effects and costs associated with the intervention, including social costs.
Art. 13 Site selection for project facilities

(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:

(i)
Assess all relevant site-related factors that may affect the safety of this facility over the life of its useful life and that of a final storage facility after its closure;
(ii)
To assess the impact that this facility may have, from a safety point of view, on individuals, society and the environment, taking into account the possible evolution of the state of the site of the final storage facilities after their Closing;
(iii)
To make available to the public information on the safety of this facility;
(iv)
To consult the Contracting Parties adjacent to such an installation, to the extent that it is likely to have consequences for them, and to provide them, at their request, with general data concerning the installation in order to To assess the likely impact on their territory of security.

(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.

Art. 14 Facility Design and Construction

Each Contracting Party shall take appropriate measures to ensure that:

(i)
In the design and construction of a radioactive waste management facility, appropriate measures shall be provided to restrict the possible radiological effects on individuals, society and the environment, including Those due to effluent discharges or uncontrolled emissions;
(ii)
At the design stage, consideration shall be given to the theoretical plans and, as appropriate, technical provisions for the decommissioning of a radioactive waste management facility other than a permanent storage facility;
(iii)
At the design stage, technical provisions will be developed for the closure of a final storage facility;
(iv)
The technologies used in the design and construction of a radioactive waste management facility are based on experience, testing or analysis.
Art. 15 Facility Security Assessment

Each Contracting Party shall take appropriate measures to ensure that:

(i)
Prior to the construction of a radioactive waste management facility, a systematic assessment of the safety and environmental assessment that is appropriate to the risk presented by the facility will be carried out. Useful life;
(ii)
In addition, prior to the construction of a final storage facility, a systematic assessment of security and an environmental assessment for the post-closure period is carried out, and the results are evaluated on the basis of The criteria established by the regulator;
(iii)
Prior to the operation of a radioactive waste management facility, updated and detailed versions of the safety assessment and the environmental assessment shall be established, where deemed necessary, to complete the Assessments referred to in para. I.
Art. 16 Operation of facilities

Each Contracting Party shall take appropriate measures to ensure that:

(i)
The authority to operate a radioactive waste management facility shall be based on the appropriate assessments specified in s. 15 and be subject to the implementation of a commissioning program demonstrating that the facility, as constructed, complies with the design and security requirements;
(ii)
Operating limits and conditions arising from tests, operating experience and appraisals specified in s. 15 are defined and revised as required;
(iii)
The operation, maintenance, monitoring, inspection and testing of a radioactive waste management facility shall be carried out in accordance with established procedures. In the case of a permanent storage facility, the results obtained are used to verify and examine the validity of the advanced assumptions and to update the assessments specified in s. 15 for the period following the closure;
(iv)
Engineering and technology support in all safety-related fields is available throughout the useful life of a radioactive waste management facility;
(v)
Procedures for the characterization and separation of radioactive waste are applied;
(vi)
Significant safety incidents are reported on time by the holder of the authorization to the regulator;
(vii)
Programs for the collection and analysis of relevant data from the operating experience are in place and in response to the results achieved, where appropriate;
(viii)
Plans for decommissioning a radioactive waste management facility, other than a permanent storage facility, to be developed and updated, as required, using information obtained during the useful life of the This facility, and are reviewed by the regulator;
(ix)
Plans for the closure of a final storage facility will be developed and updated, as required, using information obtained during the useful life of this facility, and reviewed by the organization Regulation.
Art. 17 Institutional measures after closure

Each Contracting Party shall take appropriate measures to ensure that, after the closure of a permanent storage facility:

(i)
Records required by the regulator regarding the location, design and content of this facility are maintained;
(ii)
Institutional, active or passive controls, such as surveillance or access restrictions, are provided if necessary;
(iii)
If, during any period of active institutional control, an unscheduled emission of radioactive material into the environment is detected, intervention measures are implemented in case of need.

Chapter 4 General safety provisions

Art. 18 Implementing measures

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.

Art. 19 Legislative and Regulatory Framework

(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:

(i)
The establishment of relevant national radiation safety requirements and regulations;
(ii)
A system for issuing permits for spent fuel and radioactive waste management activities;
(iii)
A system prohibiting the operation without the authorization of a spent fuel or radioactive waste management facility;
(iv)
A system of appropriate institutional control, regulatory inspection, documentation and reports;
(v)
Measures to ensure compliance with applicable regulations and conditions of authorization;
(vi)
A clear breakdown of the responsibilities of the bodies concerned by the various stages of spent fuel and radioactive waste management.

(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.

Art. Regulatory Agency

(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.

Art. Responsibility of the holder of an authorisation

(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.

Art. Human and financial resources

Each Contracting Party shall take appropriate measures to ensure that:

(i)
The necessary qualified personnel are available for safety-related activities during the useful life of a spent fuel and radioactive waste management facility;
(ii)
Sufficient financial resources are available to ensure the safety of spent fuel and radioactive waste management facilities during their useful life and for decommissioning;
(iii)
Financial arrangements are being made to ensure the continuity of the appropriate institutional controls and monitoring measures as long as they are deemed necessary after the closure of a final storage facility.
Art. Quality Assurance

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.

Art. 24 Radiation Protection During Operations

(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:

(i)
The exposure of workers and the public to radiation due to the installation is maintained at the lowest level reasonably achievable, taking into account economic and social factors;
(ii)
No individual is exposed, in normal situations, to radiation doses exceeding the prescribed dose limits at the national level, which take due account of internationally approved radiation protection standards;
(iii)
Steps are being taken to prevent uncontrolled and uncontrolled emissions of radioactive material into the environment.

(2) Each Contracting Party shall take appropriate measures to ensure that effluent discharges are limited:

(i)
In order to maintain exposure to ionizing radiation as low as reasonably achievable, taking into account economic and social factors;
(ii)
In such a way that no individual is exposed, in normal situations, to radiation doses in excess of the prescribed dose limits at the national level, taking due account of internationally agreed standards for Radiation protection.

(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.

Art. 25 Organization for emergencies

(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.

Art. 26 Decommissioning

Each Contracting Party shall take appropriate measures to ensure the safety of the decommissioning of a nuclear facility. These measures must ensure that:

(i)
Adequate staff and adequate financial resources are available;
(ii)
The provisions of Art. 24 on radiation protection during operation, effluent discharges, and uncontrolled and uncontrolled emissions are applied;
(iii)
The provisions of Art. 25 concerning the organisation of emergency cases are applied;
(iv)
Records containing important information for decommissioning are kept.

Chapter 5 Miscellaneous provisions

Art. 27 Transboundary Movements

(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:

(i)
A Contracting Party which is a State of origin shall take appropriate measures to permit this transboundary movement to be authorized and to take place only after notification to the State of destination and with the consent of the State of destination;
(ii)
Cross-border movement through transit states shall be subject to international obligations relevant to the particular modes of transport used;
(iii)
A Contracting Party which is a State of destination only consents to a transboundary movement if it has the administrative and technical means and the regulatory structure necessary to manage the spent fuel or waste Radioactive material in a manner consistent with this Convention;
(iv)
A Contracting Party which is a State of origin shall permit a transboundary movement only if it can ensure, in accordance with the consent of the State of destination, that the requirements set out in para. (iii) are pre-filled with the transboundary movement;
(v)
A Contracting Party which is a State of origin shall take appropriate measures to permit the return to its territory, if a transboundary movement is not or cannot be carried out in accordance with this Article, unless another A secure arrangement can be concluded.

(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:

(i)
To the exercise, by ships and aircraft of all States, of the rights and freedoms of navigation of sea, river and air, as provided for by international law;
(ii)
The rights of a Contracting Party to which radioactive waste is exported for processing to reship radioactive waste and other products after treatment with the State of origin or to make arrangements for that purpose;
(iii)
The right of a Contracting Party to export its spent fuel for reprocessing;
(iv)
For the rights of a Contracting Party to which spent fuel is exported for reprocessing to reship radioactive waste and other products resulting from reprocessing operations to the State of origin or to make arrangements to This purpose.
Art. 28 Sealed sources removed from service

(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.

Chapter 6 Meetings of the Contracting Parties

Art. Preparatory meeting

(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:

(i)
Set the date of the first review meeting referred to in s. 30. It shall take place as soon as possible within thirty months from the date of entry into force of this Convention;
(ii)
Elaborate and adopt by consensus Rules of Procedure and the Financial Rules;
(iii)
Set in particular and in accordance with the Rules of Procedure:
(a)
Guidelines on the form and structure of national reports to be submitted pursuant to s. 32;
(b)
A date for the submission of the reports;
(c)
The procedure for reviewing these reports.

(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.

Art. Review Meetings

(1) A Contracting Party shall hold meetings to examine reports submitted pursuant to s. 32.

(2) At each review meeting, the Contracting Parties shall:

(i)
Set the date of the next review meeting, the interval between the review meetings not to exceed three years;
(ii)
Arrangements under subsection (1) may be reviewed. 2 of the art. 29 and adopt revisions by consensus, unless otherwise provided in the Rules of Procedure. They may also amend by consensus the Rules of Procedure and the Financial Rules.

(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.

Art. Extraordinary meetings

An extraordinary meeting of the Contracting Parties shall be held:

(i)
If so decided by the majority of the Contracting Parties present and voting at a meeting;
(ii)
Upon written request of a Contracting Party, within six months from the date on which that request has been communicated to the Contracting Parties and where the Secretariat referred to in Art. 37 has received notification that the request was supported by the majority of them.
Art. 32 Reports

(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:

(i)
Its policy on spent fuel management;
(ii)
Its spent fuel management practices;
(iii)
Its policy on radioactive waste management;
(iv)
Its radioactive waste management practices;
(v)
The criteria it applies to define and classify radioactive waste.

(2) This report also includes:

(i)
A list of spent fuel management facilities to which this Convention applies, with an indication of their location, main purpose and essential characteristics;
(ii)
An inventory of spent fuel to which this Convention applies and which is stored or which has been permanently stored. This inventory contains a description of the materials and, if available, information on the mass and total activity of these materials;
(iii)
A list of radioactive waste management facilities to which this Convention applies, with an indication of their location, main purpose and essential characteristics;
(iv)
An inventory of radioactive waste to which this Convention applies which:
(a)
Are stored in radioactive waste management facilities and in nuclear fuel cycle facilities;
(b)
Have been permanently stored; or
(c)
Result from past practices.
This inventory includes a description of the materials and other relevant information available, such as information on the volume or mass, activity and certain radionuclides;
(v)
A list of the nuclear facilities being decommissionable, with an indication of the state of progress of decommissioning activities in these facilities.
Art. 33 Participation

(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.

Art. 34 Synthesis Reports

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.

Art. 35 Languages

(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.

Art. 36 Confidentiality

(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:

(i)
To classify or not classify this information, or to submit it to another form of control, to prevent its dissemination;
(ii)
If the information referred to in para. (i) above under the Convention;
(iii)
Conditions of confidentiality of which such information shall be provided if they are communicated in the context of this Convention.

(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.

Art. Secretariat

(1) The International Atomic Energy Agency (hereinafter 'the Agency') Provides the secretariat for the meetings of the Contracting Parties.

(2) The secretariat shall:

(i)
Considers the meetings of the Contracting Parties referred to in Art. 29, 30 and 31, prepares them and ensures their proper functioning;
(ii)
Transmits to the Contracting Parties the information received or prepared in accordance with the provisions of this Convention.

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.

Chapter 7 Final Clauses and Other Provisions

Art. 38 Settlement of Disagreements

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.

Art. 39 Signature, ratification, acceptance, approval, accession

(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.

(4) (i)
This Convention shall be open for signature, subject to confirmation, or to the accession of regional organizations with a character of integration or of any other nature, provided that each of these organizations is constituted by States Competence to negotiate, conclude and implement international agreements covering areas covered by this Convention.
(ii)
In their fields of competence, these organizations, on their own behalf, exercise the rights and assume the responsibilities which this Convention assigns to the States Parties.
(iii)
In becoming a Party to this Convention, such an organization shall communicate to the depositary referred to in s. 43 a declaration of its member States, which articles of this Convention shall apply to it, and the extent of its competence in the field covered by those Articles.
(iv)
Such an organisation does not have its own voice in addition to its member states.

(5) Instruments of ratification, acceptance, approval, accession or confirmation shall be deposited with the depositary.

Art. 40 Entry into force

(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.

Art. Amendments to the Convention

(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.

Art. Denunciation

(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.

Art. 43 Depositary

(1) The Director General of the Agency shall be the depositary of this Convention.

(2) The depositary shall inform the Contracting Parties of:

(i)
The signature of this Convention and the deposit of instruments of ratification, acceptance, approval, accession or confirmation, in accordance with Art. 39;
(ii)
From the date on which the Convention enters into force, in accordance with Art. 40;
(iii)
Notifications of denunciation of the Convention made in accordance with Art. 42 and the date of such notifications;
(iv)
Draft amendments to this Convention submitted by Contracting Parties, amendments adopted by the corresponding Diplomatic Conference or the meeting of the Contracting Parties and the date of entry into force of the said amendments, Pursuant to s. 41.
Art. 44 Authentic texts

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)

Scope of application on 5 October 2011 8

States Parties

Ratification Accession (A)

Entry into force

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.

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.

A

The Convention does not apply to the Macao Special Administrative Region (SAR) of the People's Republic of China.

B

The Convention does not apply to the Faroe Islands and Greenland.

C

For the Kingdom in Europe.


RO 2005 33 ; FF 1999 4056


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).


Status December 4, 2013