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RS 0.814.515.141 Agreement of 14 September 2010 between the Swiss Federal Council and the Government of the Principality of Liechtenstein on cooperation in the field of radiation protection (with annexes)

Original Language Title: RS 0.814.515.141 Accord du 14 septembre 2010 entre le Conseil fédéral suisse et le Gouvernement de la Principauté de Liechtenstein concernant la collaboration dans le domaine de la radioprotection (avec annexes)

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0.814.515.141

Translation 1

Agreement

Between the Swiss Federal Council and the Government of the Principality of Liechtenstein concerning cooperation in the field of radiation protection

Convened on September 14, 2010

Coming into force on 1 Er December 2010

(State 1 Er January 2015)

The Swiss Federal Council and the Government of the Principality of Liechtenstein

Agreed to the following provisions:

Art. 1 Purpose

The Agreement regulates cooperation between Switzerland and the Principality of Liechtenstein, on the one hand, to supplement the Swiss legislation on radiation protection applicable to Liechtenstein on the basis of the Treaty of 29 March 1923 between Switzerland and Liechtenstein. Principality of Liechtenstein concerning the meeting of the Principality of Liechtenstein to the Swiss customs territory 1 (hereinafter Customs Agreement) and, on the other hand, by considering, in particular, s. 4 of this agreement, as well as the current cooperation between Switzerland and Liechtenstein on radiation protection.


Art. 2 Swiss law applicable to Liechtenstein

The Swiss legal provisions applicable to Liechtenstein on the basis of this Agreement in the field of radiation protection are set out in Annex 1. In addition, the competent authorities in Liechtenstein respect the instructions and regulations issued by the Swiss Federal Authorities.

Art. 3 Principles of Collaboration

(1) The Liechtenstein authorities are competent in the application and supervision of the Swiss legislation on radiation protection in the territory of the Principality of Liechtenstein.

(2) The relevant Liechtenstein authorities and services are listed in Annex 2 to this Agreement.

(3) The Swiss authorities and services shall resume by means of a mandate, within the framework and on the basis of the Swiss legislation and practice on radiation protection, the tasks described in Annex 3 and support the Liechtenstein authorities In their activity.

Art. 4 Application and Amendments of the Agreement

(1) The competent authorities and services in accordance with Annexes 2 and 3 to this Agreement shall inform each other, as soon as possible and in writing, of the proposed amendments concerning the legal requirements in the fields covered by this Agreement. Agreement.

(2) The annexes to this Agreement shall be supplemented or amended by mutual agreement between the authorities and services referred to in Annexes 2 and 3.

(3) The revised annexes are published in the National Official Journal, Landesg E Setzblat T Liechtenstein. The Annexes shall form an integral part of this Agreement.

(4) The outstanding issues concerning the interpretation and application of this Agreement shall be settled through diplomatic channels.

Art. 5 Compensation for Costs

(1) In accordance with Annex 4 to this Agreement, the Principality of Liechtenstein shall pay to Switzerland remuneration for the performance of the tasks set out in Annex 3 to this Agreement, the provision of infrastructure, staff, Support and advice to the Liechtenstein authorities for the implementation of this Agreement and for the administrative work carried out.

(2) The annual lump-sum compensation for benefits provided by the Federal Office of Public Health in accordance with Annex 4 to this Agreement shall be reviewed every two years by the competent authorities of Liechtenstein and Switzerland, and shall be fixed at New based on actual expenditures. It will be confirmed by the exchange of diplomatic notes.

Art. 6 Entry into force and termination

(1) The Contracting Parties shall notify each other of the completion of the procedures required by their domestic law and shall establish by diplomatic means the time of entry into force of this Agreement.

(2) Each Contracting Party may terminate the Agreement at any time, in writing and through diplomatic channels, by observing six months' notice.

In witness whereof , the Plenipotentiaries of both Parties have signed this Agreement.

Done at Berne, in two originals in German, on September 14, 2010.

For the Swiss Federal Council:

Didier Burkhalter

For the Government of the Principality of Liechtenstein:

Renate Müssner

Annex 1

List of Swiss laws applicable to Liechtenstein under Art. 2 of this Agreement

N O RS

Legislative Act

RO

814.50

Radiation Protection Act of 22 March 1991 (LRaP)

Applicable, except for Art. 3, 5, 7, 13, 18, 21, 23, 30, 37, al. 1, 38, para. 2, 41, 45 and 46.

Skills for art. 19, 20, 32, 34, 37, 38 and 47 are listed in Appendix 2.

1994 1933

2003 187

2004 4719

2004 5391

N O RS

Legislative Act

RO

814.501

Radiation Protection Order of 22 June 1994 (ORaP)

Applicable, except for Art. 8, 9, 19, 19 A , 20, 29 to 31 A , 76, 78, 101, para. 3, 108, 109, 113, para. 4, 122 to 124, 126, para. 3 and 4, 127, para. 1, 136, para. 4, 138, 139, para. 1, let. C, g and 141 A , para. 1.

Skills for art. 6, 7, 11, 12, 13, 16, 18, 28, 43, al. 4, art. 47, 49, para. 2, art. 60, 64, 66, 67, 69, 70, 72, 73, 80, 81, 82, 83, 94, 95, 96, 98, 99, 100, 101, 103, 104, 105, 126, al. 1 and 2, art. 127 al. 2, art. 128, 129, 130, 131, 133, 134, 136, al. 1 to 3, 5 and 6, and art. 137 are listed in Appendix 2.

Art. 45 is applicable on condition that Liechtenstein recognises the individual dosimetry services that have their seat in the EEA. The data transmitted by these services must be reported in the central dosimetric register in a form prescribed by the FOPH.

Art. 39, para. 2, 49, para. 3, 98, para. 3 and 121, para. 2, shall be applicable provided that the declaration is transmitted to the accident insurance company concerned.

1994 1947

1995 4959

1996 2129

2000 107

2000 934

2000 2894

2001 3294

2005 601

2005 2885

2007 1469

2007 5651

2008 3153

2008 5747

N O RS

Legislative Act

RO

814.501.261

Order of 15 September 1998 on training and permitted activities in the field of radiation protection (Radiation Protection Training Ordinance)

Applicable, except for Art. 1, para. 3, and 8, para. 1, let. B.

Skills for art. 8 are listed in Appendix 2.

1999 476

2007 4477

2007 5673

2008 5747

N O RS

Legislative Act

RO

814.501.43

Individual Dosimetry Order of October 7, 1999 (Dosimetry Order)

Skills for art. 6, 7, 8, 9, 12, 13, 14, 16, 19, 21, 32, 35, 36, 38, 39 and 40 are listed in Appendix 2.

2000 840

2007 5699

N O RS

Legislative Act

RO

814.501.51

Ordinance of 31 January 2001 concerning radiation protection applicable to non-medical installations for the production of ionising radiation (Radiation Protection Ordinance in Use of Facilities)

Skills for art. 6, 11 and 12 are listed in Appendix 2.

2001 922

N O RS

Legislative Act

RO

814.501.512

Guidelines for the Use of Medical Sealed Radioactive Sources (OSRM) of 15 November 2001

Applicable, except for Art. 17, para. 2, and 19, para. 4.

Skills for art. 2, 4, 8, 24, 25 and 26 are listed in Appendix 2.

2001 2848

N O RS

Legislative Act

RO

814.501.513

DFI Ordinance of 15 December 2004 on radiation protection for electron accelerators used for medical purposes (Accelerators Ordinance, OrAc)

Skills for art. 3, 4 and 6 are listed in Appendix 2.

2005 285

N O RS

Legislative Act

RO

814.52

Order of 1 Er July 1992 on distribution of iodine tablets to the population (Iodine Tablets Ordinance)

Applicable, except for Art. 13, para. 1 and 2.

Skills for art. 2, 3, 3 A , 4, 7, para. 2, 8, 12 and 13, para. 4, are listed in Appendix 2.

1992 1421

2001 3294

2003 405

2008 121

N O RS

Legislative Act

RO

814.542.1

Order of January 20, 1998, on Radiological Facilities for Medical Use (X-Ray Order)

Skills for art. 4, 5, 10, 12, 16, 21 and 24 are listed in Appendix 2.

1998 1084

N O RS

Legislative Act

RO

814.554

Order of November 21, 1997, on the Use of Unsealed Radioactive Sources

Applicable, except for Art. 7 and 28.

Skills for art. 5, 9, 10, 11, 12, 13, 18, 19, 21, 25, 29, 34, 35, 36, 37 and 38 are listed in Appendix 2.

1997 2923

N O RS

Legislative Act

RO

814.557

Order of 3 September 2002 on radioactive waste subject to the obligation to deliver

2002 3898

2006 2947

N O RS

Legislative Act

RO

814.56

Order of 5 July 2006 on emoluments received in the field of radiation protection (OERaP)

Applicable, except for Art. 2, 4 and 8.

Skills for art. 1, 7 and 9 are listed in Appendix 2.

2006 2949


State 1 Er January 2015

Annex 2

Competent authorities in the Principality of Liechtenstein under Art. 3 of the Agreement

(1) The following are competent in the Principality of Liechtenstein for the application and supervision: the Office de la santé publique (Amt für Gesundheit, AG) The Office for Food Inspection and Veterinary Affairs (Amt für Lebensmittelkontrolle und Veterinärwesen, ALKVW) , Office of the National Economy (Amt für Volkswirtschaft, AVW) , the Office for Environmental Protection (Amt für Umweltschutz , AFU) And the Office for the Protection of the Population (Amt für Bevölkerungsschutz, ABS) .

(2) The MA is responsible for authorisations and supervision in the field of medicine and research, and for the supervision of training centres.

(3) The ALKVW is responsible for the monitoring of foodstuffs.

(4) AVW is the supervisory authority issuing authorisations for undertakings in the Principality of Liechtenstein, undertakings in which it is primarily concerned to protect workers from ionising radiation, in particular in Industry and crafts.

(5) The AFU is responsible for monitoring the environment in the Principality of Liechtenstein with regard to ionising radiation and radioactivity and for monitoring the disposal of radioactive waste produced in the Principality of Liechtenstein. Principality of Liechtenstein. It shall take the place of the supervisory and authorisation authority in the case of the incineration of radioactive waste and of discharges into the environment of low-level radioactive waste.

(6) ABS and other designated services in the law on the protection of the population are competent for the prescription and implementation of measures to protect the population in the Principality of Liechtenstein in the event of danger As a result of increased radioactivity.

(7) The MA is competent to supply the population in iodine tablets in the event of an event likely to result in exposure to radioactive iodine. ABS supports the AG during the distribution of iodine tablets and information material on the territory of Liechtenstein.


State 1 Er January 2015

Annex 3

Competent authorities and competent services in Switzerland and cooperation in the execution of the agreement according to Art. 3

1. Competent authorities and services in Switzerland

(a)
The Swiss Confederation is responsible for the following tasks: the Federal Office of Public Health (OFSP) and the Swiss National Fund for Accidents (Suva), the Federal Centre for the Collection of Radioactive Waste (hereinafter the Centre for the Prevention of Radioactive Waste). Collection), the Army Pharmacy and other Swiss authorities or services expressly named in this Agreement.
(b)
The OFSP is concerned with companies in which it is primarily a matter of protecting the public, in particular medical companies and institutes for research and training of high schools.
(c)
Suva is concerned for companies in which it is primarily a matter of protecting workers, particularly industrial and craft enterprises.
(d)
The collection centre is involved in the case of radioactive waste to be delivered.
(e)
The Army Pharmacy is concerned with the supply of iodine tablets to the population of the Principality of Liechtenstein.

2. Collaboration between authorities in environmental monitoring

The FOPH intervenes in environmental monitoring in the Principality of Liechtenstein and supports the AFU for the following tasks:

-
Establishment of surveillance of immissions for enterprise and control of enterprises (art. 103 ORA 1 )
-
Establishment of a sampling and measurement program in collaboration with the AFU (art. 105 ORaP)
-
Organisation of sample collection and investigation (art. 106 ORA)
-
Interpretation of data (s. 106 ORA)
-
Report on monitoring results and resulting radiation doses to the population
-
Expertise, monitoring of projects and consultancy activities in the field of monitoring of radioactivity in the environment

3. Collaboration between authorities for food monitoring

The OFSP and the ALKVW work together in the following way for food monitoring and for environmental monitoring by examining the radioactivity of foodstuffs:

-
The ALKVW shall collect the samples of foodstuffs necessary for the monitoring of the environment in accordance with the indications of the FOPH set out in Art. 104 and 105 ORaP.
-
The resulting data are included in the annual report of the FOPH according to Art. 106 ORA.
-
Expertises, follow-up of projects and advisory activities in the field of monitoring of radioactivity in foodstuffs.

4. Collaboration between authorities in case of increased radon concentrations

(a) In the case of increased levels of radon in the Principality of Liechtenstein, the FOPH intervenes and supports the AFU for the following tasks:

-
Development of recommendations for action (art. 118)
-
Advice to homeowners and others in the event of radon problems (art. 118)
-
Advice to the persons concerned and to the services concerned on the protective measures to be taken (art. 118)
-
Assessment of the effects of actions taken (art. 118)
-
Surveys of the provenance and effects of radon (art. 118)
-
Provision of data on the measures collected (Art. 118)
(b)
The FOPH has the following task:
-
Management of the central radon database for the Principality of Liechtenstein in order to continuously evaluate the implementation of measures and sanitation, and to carry out statistical and scientific studies (art. 118 A ORaP)
(c)
The AFU communicates to the OFSP the results of the radon measurements in Liechtenstein and regularly informs the Office of the state of the remediation.

5. Cooperation between authorities and services in the disposal of radioactive waste

(a)
The FOPH intervenes in the monitoring and disposal of radioactive waste in the Principality of Liechtenstein and supports the AFU for the following tasks:
-
Development of authorisations, setting of discharge rates and their concentrations, monitoring of emissions, monitoring of undertakings in the context of the controlled release of radioactive waste (Art. 79 to 83 ORaP)
-
Expertise, monitoring of projects and consultancy activities in the field of radioactive waste disposal
(b)
The Federal Collection Centre is involved in the disposal of radioactive waste from the Principality of Liechtenstein and has the following tasks:
-
Taking charge of the waste to be delivered (art. 87 and 87 A ORaP)
-
Collection of emoluments for the disposal of radioactive waste according to the OERaP 2

6. Collaboration between authorities for authorisations and supervision of undertakings in the fields of medicine and research and in training centres

The FOPH intervenes in the field of radiation protection in medicine, research and training in the Principality of Liechtenstein and supports the MA in the following tasks:

-
Examination of the conditions for issuing authorisations for the use of ionising radiation (Art. 31 LRaP 3 )
-
Determination of the conditions and possible charges to which the authorisation concerning the use of ionising radiation is linked (Art. 32, para. 2, LRaP)
-
Examination of the conditions or expertise with a view to transmitting to a new holder the existing authorisation for the use of ionising radiation (Art. 32, para. 3, LRaP)
-
Examination of the conditions for amending an existing authorisation for the use of ionising radiation (Art. 33 LRaP)
-
Expertise to withdraw an authorization (s. 34 LRaP)
-
Control of undertakings which have an authorisation for the use of ionising radiation (Art. 37 LRaP)
-
Decisions under s. 38 LRaP
-
Expertise, monitoring of projects and advisory activities in the field of radiation protection for training, research and medicine
-
Granting authorisations for physiological examinations using radioactive sources (art. 28 ORaP)
-
Examination of conditions for the recognition of an institution to provide training in radiation protection (art. 6 O on Radiation Protection Training 4 )
-
Approval of radioactive sources and facilities (art. 128 to 131 ORaP)

7. Collaboration for authorisations and supervision in industrial and craft enterprises

Suva intervenes in the field of radiation protection for the enterprises of the Principality of Liechtenstein in which it is above all to protect workers against ionising radiation, in particular in the industry and Handicrafts, and supports AVW for the following tasks:

-
Examination of the conditions for granting authorisations for the use of ionising radiation (Art. 31 LRaP)
-
Definition of the conditions and possible charges relating to the granting of an authorisation for the use of ionising radiation (Art. 32, para. 2, LRaP)
-
Examination of the conditions or expertise concerning the transmission of an existing authorisation for the use of ionising radiation (Art. 32, para. 3, LRaP)
-
Examination of the conditions for amending an existing authorisation for the use of ionising radiation (Art. 33 LRaP)
-
Expertise to withdraw an authorization (s. 34 LRaP)
-
Control of undertakings which have an authorisation for the use of ionising radiation (Art. 37 LRaP)
-
Decisions under s. 38 LRaP
-
Expertise, monitoring of projects and consultancy activities in the field of radiation protection in industrial and craft enterprises

8. Collaboration between authorities in the supply of the population in diode tablets

(a)
The Army Pharmacy intervenes in the area of the supply of iodine tablets of the population of the Principality of Liechtenstein and supports the MA in the following tasks:
-
Acquisition of iodine tablets (art. 2 and 4, para. 3, of the O on iodine tablets 5 )
-
Integration of Liechtenstein into the concept of quality control and the concept of exchange, recovery and disposal of stored tablets (art. 7 and 8 of the prescription for iodine tablets)
-
Guarantee the availability of the necessary documents and support of the AG for the information of specialists and the public on prevention (art. 12 of the iodine tablets prescription)
(b)
The MA indicates to the Army Pharmacy the storage areas and tablets of tablets stored in accordance with Art. 5 of the iodine tablets prescription.

9. Collaboration between authorities in the field of individual dosimetry

(a)
The FOPH intervenes in the field of individual dosimetry in the Principality of Liechtenstein and supports the MA in the following tasks:
-
Conservation of the relevant data recorded in the central dosimetric register for Liechtenstein (art. 55 ORaP)
-
Taking into account data recorded in Liechtenstein in the annual report on the results of individual dosimetry (art. 55 ORaP)
-
Establishment of an individual dosimetric document for persons exposed to radiation in the course of their profession (art. 57 ORaP)
(b)
The FOPH has the following tasks:
-
A central register of doses accumulated by persons exposed to radiation in the exercise of their profession in the Principality of Liechtenstein (art. 53)


State 1 Er January 2015

Annex 4 1

Regulation of the expenditure of Swiss authorities and services under the Agreement under Art. 5 of the same agreement

The benefits provided by the OFSP which are mentioned in Annex 3 are paid by a flat rate of 20 000 francs per year.

The Suva is paid by a package that is fixed in a separate agreement between the AVW and Suva.

The Federal Collection Centre (waste to be delivered) collects the emoluments for the disposal of radioactive waste directly from the one who is responsible for the measure according to the OERaP 2 And the principle of causality (art. 4 LRaP 3 ).

The costs of supplying the population of the Principality of Liechtenstein to iodine tablets are paid on an invoice.


1 Updated according to the exchange of notes of 12 August 2014, in force since 1 Er Jan 2015 ( RO 2014 4431 ).
2 RS 814.56
3 RS 814.50


State 1 Er January 2015