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Original text
(State on 16 September 2011)
The Swiss Federal Council
(hereinafter 'the Swiss Federal Council'),
And The Government of the French Republic
(hereinafter "the French Government"),
And The European Organisation for Nuclear Research
(hereinafter "the Organization" or "CERN"),
Hereinafter jointly "the Parties",
Considering the Convention of 1 Er July 1953 for the establishment of a European Organization for Nuclear Research, as amended on 17 January 1971 1 ;
Considering the Agreement of 11 June 1955 between the Swiss Federal Council and the Organisation to determine the legal status of the Organisation in Switzerland 2 (hereinafter " the Headquarters Agreement), and in particular its art. 26;
Whereas the Agreement of 13 September 1965, revised on 16 June 1972, between the Government of France and the Organization relating to the legal status of the Organization in France (hereinafter referred to as the "Status Agreement"), and in particular its art. XXII
Whereas the Convention between the Federal Council of the Swiss Confederation and the Government of the French Republic on the extension into French territory of the field of the European Organisation for Nuclear Research, of 13 September 1965 3 , and in particular its art. II;
Whereas Switzerland and France as host States of the Organization cooperate with it in facilitating the fulfilment of its mission;
Whereas the Organization collaborates with its host States in order to avoid any prejudice to the security of the host States as a result of its activity;
Whereas the primary responsibility for the operation and the safety of its facilities is the responsibility of the Organization;
Whereas the Convention of 28 April 1972 between the French Government and the Organization relating to the protection against ionizing radiation and the Convention of 11 July 2000 between the French Government and the Organization relating to the Safety of Installations linked to the Large Hadron Collider (LHC) and the Proton Supersynchrotron (SPS);
Taking into account the Agreement of 8 September 1993 between the Swiss Federal Council and the Organisation to ensure cooperation in the field of radiation protection;
Whereas the Conventions of 28 April 1972 and 11 July 2000, on the one hand, and the Agreement of 8 September 1993, on the other hand, established two different modes of bilateral cooperation in the field of protection against ionising radiation and Security of the Organization's Facilities;
Whereas the technical uniqueness of the Organization's Facilities requires unique and transparent regulation and that tripartite collaboration in the field of protection against ionizing radiation should be provided for, and The Security of Facilities of the Organization,
Agreed to the following:
The purpose of this Agreement is to ensure that the best practices for the protection against ionizing radiation and safety apply to the facilities of the Organization where ionizing radiation is used, taking into consideration the Taking into account the laws and regulations of each host State, the relevant acts of the European Union, those of the European Atomic Energy Community (EAEC) and international standards and recommendations, including those laid down by The International Atomic Energy Agency (IAEA), the World Organization for Health (WHO), the International Labour Organisation (ILO) and the International Commission for Radiological Protection (ICRP). An indicative list of the main acts of the European Atomic Energy Community and the international standards and recommendations to be taken into account is attached as Annex 1.
To this end, this Agreement establishes a framework for cooperation between the Parties and their respective obligations in this regard.
For the purposes of this Agreement:
3.1 Tripartite meetings
The Parties shall hold meetings (hereinafter "Tripartite Meetings") at least twice a year. The Tripartite Meeting shall be entitled to the request of one of the Parties.
3.1.1 Representatives
In the Tripartite Meetings, the Swiss Federal Council and the French Government are represented by the Agencies. The Organization is represented by the organic unit responsible for safety and radiation protection.
The Agencies and the competent organic unit of the CERN shall designate the persons, including possible experts and advisers, who participate in the Tripartite Meetings. Each Party shall inform the other Parties of such designated persons.
3.1.2 Mandate
At the Tripartite Meetings:
The approved report reflects the decisions taken in the Tripartite Meeting.
The Organization shall respond to the comments and requests made, as appropriate, by the Organizations in Tripartite Meeting.
3.1.3 Secretariat
The Organization shall provide the secretariat for the Tripartite Meetings, convene, prepare and follow up on them. It shall submit the draft minutes to the approval of the other participants. It shall also transmit to the Parties documents prepared by it in accordance with this Agreement.
3.2 Request for expertise
The Agencies may, at its request, provide the Organization with expertise on specific questions relating to the Protection against Ionizing Radiation and Safety in accordance with mutually agreed terms.
The expertise that the Agencies can provide is without prejudice to their right to make observations and requests in Tripartite Meeting.
3.3 Visits
To achieve the objective set out in s. 1 of this Agreement, the Organizations shall make visits, which may be joint, in the field of the Organization.
The Agencies consult on the visits that they plan to carry out each year and propose to the Organization dates and a programme of visits setting out the topics to be examined. The Parties shall agree on these dates and programme at a Tripartite meeting.
Additional visits can be arranged if circumstances dictate.
Experts empowered by the Agencies can accompany the latter during the visits.
Each visit is subject to a follow-up letter. The observations made during the visits can be the subject of the Agency's observations and requests. The Organization shall respond to such comments and requests.
4.1 General obligation
The Organization shall establish Rules and shall take the necessary steps to ensure the protection against ionizing radiation and safety throughout the life cycle (design, construction, operation, final disposal and Of its facilities, in accordance with the terms and conditions set out in this Agreement.
4.2 Impact on the Environment and People of Radiated Radiation and Radioactive Effluents
The Organization evaluates, through certified methods in Tripartite Meeting, the impact on the environment and people of the scattered radiation and the Radioactive Effluents. The Organization shall take the necessary steps to maintain this impact at the lowest level reasonably achievable.
4.3 Impact on instantaneous radiation and induced radioactivity workers
The Organization evaluates the impact on workers of exposure to instantaneous radiation and induced activity by approved methods in Tripartite Meeting. The Organization shall take the necessary steps to maintain this impact at the lowest level reasonably achievable.
4.4 Documentation of Safety and Protection against Ionizing Radiation
The Organization shall establish and update the documentation of Safety and Protection against Ionizing Radiation referred to in Annex 2.
Any modifications of the documents referred to in Annex 2 and the modalities for the communication of this documentation to the other Parties shall be defined in Tripartite Meeting. The training of documents, prior to their consideration in Tripartite meetings, is carried out by the Agencies and their technical support.
The Individual Dosimetry Service of the CERN (hereinafter referred to as the "Dosimetry Service"), using personal dosimeters, is responsible for the external exposure of any person working in the field of the Organization who may be exposed to Ionizing radiation. It arranges dosimetry measurements for internal exposure, where appropriate.
The Dosimetry Service shall be accredited by the Agencies in accordance with the accreditation procedures defined by the Parties in Tripartite Meeting.
The dosimetry service shall periodically transmit to the two host States the results of the monitoring of individual doses for registration in their national registers.
The import and export of radioactive material shall be subject to authorisations granted by the Bodies in accordance with their national legislation, on the understanding that authorisations issued by one of the bodies shall be taken into account By the other. Authorizations define detention and handling rules according to the risk of dispersion of radioactive substances and therefore of contamination, while taking into account technical constraints.
In its field, the Organization decides freely and under its sole responsibility for the movement of radioactive materials.
It maintains an inventory of Sealed Sources, specifying their location. It shall provide an annual summary of the inventory to the other Parties.
Radioactive Waste from Installations shall be disposed of by the host States in accordance with the channels established in accordance with their national legislation.
For the management of radioactive waste, the Organization shall prepare and communicate to the other Parties a "waste study" of the site covering all installations.
This study specifies which disposal systems are planned for each type of waste product. It is updated as needed. The waste study takes account of the need for a fair distribution among the host States, depending on the quantity, activity and toxicity of the waste and aims to ensure that the waste is disposed of according to the technical and economic sectors. More advantageous.
The choice of disposal options shall be approved by the Parties after consideration of the Tripartite Meeting.
The Organization shall maintain an inventory of the radioactive waste disposed of to the host States and present on its site.
Transport between the CERN sites of radioactive materials and radioactive waste shall be carried out in accordance with the European regulations on the transport of dangerous substances by road applicable in the host States, on the understanding that Organizations grant CERN the exemptions permitted by this regulation in order to take account of its operational needs and its technical specificities. The conditions for the carriage of radioactive materials and radioactive waste taking account of such regulations and derogations shall be the subject of a CERN Rule approved by the Agencies.
Pending the definition of a CERN Rule in this field, the derogations currently granted shall remain in force, on the understanding that derogations issued by one body shall be recognised by the other.
Transport within the CERN domain, without passing through the public channel, shall be carried out in accordance with procedures defined freely by the Organization without submission to the Agencies.
The Organization shall forthwith declare to the Organizations any significant event by reference to the International Nuclear Event Scale (INES) established jointly by the IAEA and the Nuclear Energy Agency (NEA) of the Organization of Economic Cooperation and Development (OECD). The modalities of declaration and classification are defined in Tripartite meeting.
Nothing in this Agreement shall affect the right of the Swiss Federal Council or the Government of the French Republic to take the necessary measures, which may include an application to the CERN to suspend the operation of its Facilities, in The interest of the security of Switzerland or France in accordance with the provisions of Art. 26 of the Headquarters Agreement or Art. XXII of the Status Agreement, respectively.
The Parties shall carry out this Agreement in good faith, in a spirit of information and mutual cooperation taking into account their rights and obligations under the Headquarters Agreement or the Status Agreement and in a proportionate manner Safety and Protection against Ionizing Radiation.
The Parties shall endeavour to settle their possible disputes amicably.
Any dispute concerning the interpretation or application of this Agreement which could not be settled amicably shall be brought to the attention of the President of the Council of the CERN, who may seek an amicable settlement or refer the matter to the Council.
Any dispute concerning the interpretation or application of this Agreement, which could not be resolved in accordance with the preceding paragraph, shall be subject to a single arbitrator in accordance with the Optional Rules of Arbitration of the Permanent Court Of Arbitration for International Organisations and States.
This Agreement may be amended, in accordance with the procedure for its adoption, at the request of one of the Parties. The three Parties shall consult each other on any amendments to this Agreement.
However, any amendment of any Annex to this Agreement shall be decided in a Tripartite Meeting.
Are repealed:
This Agreement may be denounced by one of the Parties on three years' notice.
Each Contracting Party shall notify the other two Parties of the completion of the formalities required by its domestic law for the entry into force of this Agreement. It shall take effect three months after the date of receipt of the last of those notifications.
Done at Geneva, November 15, 2010, in French, in triplicate.
(Suivent signatures)