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RS 0.732.321.63 Agreement of 19 March 1999 between the Swiss Federal Council and the Government of the Republic of Austria on the rapid exchange of information in the field of nuclear safety and radiation protection (" Agreement on Nucleair Information

Original Language Title: RS 0.732.321.63 Accord du 19 mars 1999 entre le Conseil fédéral suisse et le Gouvernement de la République d’Autriche sur l’échange rapide d’informations dans le domaine de la sécurité nucléaire et de la radioprotection («Accord sur l’information nucléair

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0.732.321.63

Translation 1

Agreement

Between the Swiss Federal Council and the Government of the Republic of Austria on the rapid exchange of information in the field of nuclear safety and radiation protection

("Agreement on nuclear information" Switzerland-Austria)

Concluded March 19, 1999

Entered into force by exchange of notes on 1 Er January 2001

(State on 29 July 2003)

The Swiss Federal Council and the Government of the Republic of Austria (hereinafter referred to as "Parties"),

Wishing to develop the good neighbourly relations between the Swiss Confederation and the Austrian Republic,

Committed to the realization of the recognised principles of collaboration within the framework of the Organisation for Security and Cooperation in Europe,

Convinced that between the Parties the exchange of important information on radiological hazards can be ensured so that possible cross-border consequences remain insignificant,

Convinced that a rapid exchange of important information and experience in the field of nuclear safety and radiation protection can, to a large extent, secure the population of both Parties,

Having regard to the Convention of 26 September 1986 on the prompt notification of a nuclear accident 2 And to the recognized principles of collaboration within the framework of the International Atomic Energy Agency,

Recalling the Convention in the form of an exchange of letters between Switzerland and the Euratom Atomic Energy Community on the accession of Switzerland to the ECURIE system 3 (European Community Urgent Radiological Information System) of 21 June/2 October 1995, which was established by Council Decision 87 /600/Euratom on Community conventions for the exchange of accelerated information in the event of an emergency Radiological,

Agreed to the following:

Art. 1 Definitions

1. The events within the meaning of this Agreement shall be:

(a)
Events related to the facilities or activities described in para. 2, which lead or may lead to the release of radioactive material into the environment;
(b)
The recording of abnormal radioactivity rates in the territory or outside the territory of a Party which may have harmful consequences for the health of the population of the other Party;
(c)
Events that may affect the safety of facilities or activities under para. 2, provided that the public is informed by the competent bodies of the Parties in whose territory they are held.

2. Facilities or activities within the meaning of the Agreement shall be:

(a)
Nuclear reactors,
(b)
Nuclear fuel cycle facilities,
(c)
Facilities for the treatment and storage of radioactive waste,
(d)
The transport and storage of nuclear fuel or radioactive waste,
(e)
The manufacture, use, provisional and final storage, transport of radioisotopes for agricultural, industrial, medical and scientific purposes and related research,
(f)
The use of radioisotopes for the production of electricity in space objects.
Art. 2 First information

At the time of the occurrence of an event, the Party in whose territory the event occurred, shall transmit the following information as soon as possible:

-
Date, timing and location of the event;
-
Nature of the event;
-
Foreseeable consequences and planned actions.

(2) On the request of a Party, the other Party shall provide, in accordance with the possibilities, its comments to the information of third parties, which refer to actual or alleged events, installations and activities within the meaning of Art. 1.

Art. 3 Additional information

1. Information according to Art. 2 must be continually supplemented with all available post information, so that the state of the facts can be assessed and the risks assessed, in particular:

-
The assumed or known causes and foreseeable evolution of the event;
-
The characteristics of a possible emission (nature, physical and chemical form and, if possible, the quantity of radioactive material emitted);
-
The foreseeable development of a program;
-
Nature of the transfer environment (air, water);
-
Meteorological and hydrological data to predict evolution in space;
-
Data on radioactivity in the environment, including food and feed;
-
Protection measures taken or planned;
-
Measures to inform the public.

2. In addition, explanations of the data transmitted according to para. 1 shall be submitted by the Party responsible for informing the other Party, at the request of the other Party, in accordance with its possibilities.

Art. 4 Points of contact and collaboration

(1) The Parties shall communicate to each other and immediately upon the entry into force of this Agreement by diplomatic means, the competent authorities and points of contact entitled to give and receive the information according to Art. 2 and 3. The designated contact points will be continuously available.

2. The Parties shall communicate to each other and without delay any possible modification concerning the information according to para. 1.

3. Immediately after being notified under para. 1, the contact points shall establish the agreement on the exact nature of the transmission of the information. The function examination of this transmission system shall take place at least once a year.

4. In the event of events, the Parties shall maintain the best possible relations in order to avoid damage to health, the environment and real property. Each Party may, from the time when both Parties deem it appropriate, send a representative to the territory of the other Party. The Parties shall endeavour to facilitate the task of this representative.

Art. 5 Additional information

1. The Parties shall inform each other once a year of their own nuclear programme, the experience gained in the operation of nuclear installations and the legislative requirements in the field of nuclear safety and Radiation protection.

2. The Parties shall also inform each other of their existing, construction or planned installations within the meaning of Art. 1, para. 2, let. A to c, and transmit the data contained in the Annex. The Parties shall inform each other of the planned commissioning of the facilities under construction six months in advance.

3. The Parties shall, in addition, inform each other of significant changes, the closure and the dismantling of installations within the meaning of Art. 1, para. 2, let. A to c, and make available the appropriate documents.

Art. 6 Information on the procedures for authorisation in nuclear law

In the case of authorisation procedures for nuclear installations, each Party shall make available to the other the documents requested according to criteria identical to those applied in respect of the most favoured third State. The information comes at one point in the procedure that allows the other Party to express itself in time on the project. The positions of the other Party shall be taken into account in the reviews provided for in that procedure.

Art. 7 Programme of measures

Each Party conducts a measurement program for ionizing radiation and radionuclids in the environment. The results of the measures shall be transmitted to the other Party once a year.

Art. 8 Early Radiation Alarm System

The Parties propose to establish a data exchange system for their early warning system.

Art. Expert Meeting

For the implementation of this Agreement as well as for the treatment of other matters of interest to both Parties, the Parties shall establish an annual meeting of experts for the discussion of common major themes. In the event that both Parties deem it necessary, additional expert conferences may be set up.

Art. 10 Coordinators

For the implementation of this Agreement, each Party shall designate a coordinator whose name is communicated to the other Party by diplomatic means.

2. The coordinators are particularly concerned

(a)
The exchange of all documents and information to be transmitted within the framework of cooperation according to Art. 5 and 7, provided that a particular channel of information is not considered for isolated cases;
(b)
The organisation of expert meetings, respectively, conferences of experts according to Art. 9.
Art. 11 Confidentiality of information

1. The content of the information transmitted may be used without restriction, provided that a Party does not declare it confidential.

2. The handing over of confidential information to third parties may take place only in the event of mutual agreement.

Art. 12 Fees

The exchange of information under this Agreement shall be free of charge. If the provision of additional information leads to considerable expenditure, the latter shall be reimbursed by the Party requesting the additional information.

Art. 13 Obligations under public international law

Subsequent rights and obligations of Parties resulting from public international law shall not be affected by this Agreement.

Art. 14 Entry into force, duration and denunciation of the Agreement

1. This Agreement shall enter into force on the first day of the third month following the month in which the two Parties have communicated by diplomatic means the completion of the legal procedures laid down for that purpose by the internal provisions Respective.

2. This Agreement shall be concluded for an indefinite period.

(3) This Agreement may be terminated at any time by a Party. The denunciation shall take place by diplomatic means. It shall take effect six months after being delivered to the other Party.

Done at Bern on 19 March 1999, in two originals in the German language.

Annex

The data to be transmitted to the other Party according to Art. 5, para. 2, are as follows:

-
Installation name,
-
Installation location and address,
-
Operator,
-
Basic purpose and technical data of the installation,
-
Current state,
-
Operating data,
-
A general description of the location of the facility.

The following data relating to nuclear reactors are also given:

-
Reactor type,
-
Power,
-
Fundamental characteristics of the fission zone,
-
Reactor vessel,
-
Cooling system and cooling cycle (primary and secondary) of the reactor,
-
Steam generator,
-
Limit values and conditions for the release of radioactive substances into the environment,
-
Limit values and conditions for the storage of radioactive waste and conditions for handling with nuclear fuels,
-
Nuclear security guarantee system, except for the physical protection system.

State 11. July 2006