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RS 0.732.020 Convention of 17 June 1994 on Nuclear Safety

Original Language Title: RS 0.732.020 Convention du 17 juin 1994 sur la sûreté nucléaire

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0.732.020

Original text

Convention on Nuclear Safety

Concluded at Vienna on 17 June 1994
Approved by the Federal Assembly on June 20, 1996 1
Instrument of ratification deposited by Switzerland on 12 September 1996
Entry into force for Switzerland on 11 December 1996

(State on 16 April 2015)

Preamble

The Contracting Parties,

(i)
Conscious of the importance for the international community of ensuring that the use of nuclear energy is safe, well-regulated and environmentally sound;
(ii)
Reaffirming the need to continue to promote a high level of nuclear safety worldwide;
(iii)
Reaffirming that the responsibility for nuclear safety lies with the State under whose jurisdiction a nuclear facility is located;
(iv)
Wishing to promote a genuine nuclear safety culture;
(v)
Aware that accidents at nuclear facilities may have transboundary implications;
(vi)
Bearing in mind the Convention on the Physical Protection of Nuclear Material (1980) 1 The Convention on the Early Notification of a Nuclear Accident (1986) 2 And the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency (1986) 3 ;
(vii)
Affirming the importance of international cooperation in enhancing nuclear safety through existing bilateral and multilateral mechanisms and the development of this incentive Convention;
(viii)
Whereas this Convention includes the undertaking to apply fundamental principles of safety for nuclear installations rather than detailed safety standards and the existence, in the field of safety, of the guidelines defined in the International level which is updated from time to time and can therefore provide guidance on the most recent means of achieving a high level of security;
(ix)
Affirming the need to rapidly undertake the development of an international convention on the safety of radioactive waste management as soon as the process of establishing the basis for the safety of waste management is in progress Have resulted in a broad international agreement;
X)
Whereas it is useful to continue the technical work on the safety of other parts of the nuclear fuel cycle and that this work could ultimately facilitate the development of existing or future international instruments;

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 nuclear safety worldwide through the improvement of national measures and international cooperation, including, where appropriate, technical cooperation in the field of safety;
(ii)
To establish and maintain, in nuclear facilities, effective defences against potential radiological risks in order to protect individuals, society and the environment from the harmful effects of ionising radiation emitted by these Facilities;
(iii)
To prevent accidents with radiological consequences and to mitigate these consequences in the event of such accidents.
Art. 2 Definitions

For the purposes of this Convention:

(i)
"Nuclear installation" means, for each Contracting Party, a fixed civil nuclear power station within its jurisdiction, including facilities for the storage, handling and processing of radioactive material Are located on the same site and are directly related to the operation of the nuclear power station. Such a plant ceases to be a nuclear facility when all the nuclear fuel elements have been permanently removed from the reactor core and stored safely in accordance with the approved procedures, and a program of Decommissioning has been approved by the regulator;
(ii)
By "regulatory body", it is necessary to hear, for each Contracting Party, one or more bodies invested by that Contracting Party of the legal authority to issue authorisations and to draw up regulations on the choice of site, Design, construction, commissioning, operation or decommissioning of nuclear facilities;
(iii)
"Authorization" means any authorization that the regulatory body issues to the applicant and that gives the applicant the responsibility for the choice of site, design, construction, commissioning, operation or Decommissioning of a nuclear facility.
Art. 3 Scope of application

This Convention shall apply to the safety of nuclear installations.

Chapter 2 Obligations

(a) General provisions

Art. 4 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. 5 Reporting reports

Each Contracting Party shall submit for its consideration, before each of the meetings referred to in Art. 20, a report on the measures it has taken to fulfil each of the obligations set out in this Convention.

Art. 6 Existing nuclear facilities

Each Contracting Party shall take appropriate measures to ensure that the safety of nuclear installations that exist at the time of entry into force of this Convention is considered as soon as possible. Where necessary in the context of this Convention, the Contracting Party shall ensure that any improvements that can reasonably be made are urgently required in order to enhance the security of the facility Nuclear. If such reinforcement is not feasible, it is appropriate to schedule the shutdown of the nuclear facility as soon as possible in practice. For the timing of the shutdown, consideration can be given to the whole energy context and possible alternatives, as well as the social, environmental and economic consequences.

(b) Legislation and regulations

Art. 7 Legislative and Regulatory Framework

Each Contracting Party shall establish and maintain in force a legislative and regulatory framework for the safety of nuclear installations.

2. The legislative and regulatory framework provides:

(i)
The establishment of relevant national security requirements and regulations;
(ii)
A licensing system for nuclear facilities and a ban on the operation of a nuclear facility without authorization;
(iii)
A system of regulatory inspection and evaluation of nuclear facilities to verify compliance with applicable regulations and conditions of authorization;
(iv)
Measures to ensure compliance with the applicable regulations and the conditions of the authorisations, including the suspension, amendment or withdrawal thereof.
Art. 8 Regulatory Agency

Each Contracting Party shall establish or designate a regulatory body responsible for the implementation of the legislative and regulatory provisions referred to in Art. 7, with the appropriate authorities, jurisdiction and financial and human resources to carry out the responsibilities assigned to it.

(2) Each Contracting Party shall take appropriate measures to ensure an effective separation of the functions of the regulatory body and of any other body or organization responsible for the promotion or use of energy Nuclear.

Art. Responsibility of the holder of an authorisation

Each Contracting Party shall take the necessary steps to ensure that the primary responsibility for the safety of a nuclear facility is the responsibility of the holder of the relevant authorization and shall take appropriate measures to ensure that each holder of an authorization Assumes its responsibility.

(c) General safety considerations

Art. 10 Priority to Security

Each Contracting Party shall take appropriate measures to ensure that all organizations conducting activities directly related to nuclear facilities establish strategies to give priority to nuclear safety.

Art. 11 Financial and human resources

Each Contracting Party shall take appropriate measures to ensure that adequate financial resources are available for the safety of each nuclear facility for the duration of its life.

(2) Each Contracting Party shall take appropriate measures to ensure that a sufficient number of qualified personnel trained, trained and recycled as appropriate are available for all security-related activities carried out in or For each nuclear facility for the duration of its life.

Art. 12 Human Factors

Each Contracting Party shall take appropriate measures to ensure that the possibilities and limits of human action are taken into account throughout the life of a nuclear facility.

Art. 13 Quality Assurance

Each Contracting Party shall take appropriate measures to ensure that quality assurance programmes are established and implemented in order to ensure that the requirements specified for all major activities for nuclear safety are Met throughout the life of a nuclear facility.

Art. 14 Safety assessment and verification

Each Contracting Party shall take appropriate measures to ensure that:

(i)
Comprehensive and systematic security assessments prior to the construction and commissioning of a nuclear facility and for the duration of its life. These assessments are well-documented, updated later on the basis of significant new operational experience and new safety information, and reviewed under the authority of the regulator;
(ii)
Verifications by analysis, monitoring, testing and inspection to ensure that the physical condition and operation of a nuclear facility remains in accordance with its design, applicable national security requirements and limitations, and Operating conditions.
Art. 15 Radiation Protection

Each Contracting Party shall take appropriate measures to ensure that, under all normal operating conditions, exposure to ionizing radiation of workers and the public due to a nuclear facility is maintained at the level of As low as reasonably achievable and that no individual is exposed to radiation doses that exceed the prescribed dose limits at the national level.

Art. 16 Organization for emergencies

Each Contracting Party shall take appropriate measures to ensure that, for nuclear installations, there are internal and external emergency plans which are tested periodically and which cover the actions to be taken in the event of an emergency.

For any new nuclear facility, such plans are developed and tested before it starts operating above a low power level approved by the regulator.

(2) Each Contracting Party shall take appropriate measures to ensure that, to the extent that they are likely to be affected by a radiological emergency, its own population and the competent authorities of the neighbouring States The nuclear facility receives appropriate information for emergency plans and procedures.

(3) Contracting Parties which do not have a nuclear facility on their territory, to the extent that they are likely to be affected in the event of a radiological emergency at a nearby nuclear facility, shall take the measures In order to develop and test emergency plans for their territory which cover the actions to be taken in the event of an emergency of this nature.

(d) Facility security

Art. 17 Site selection

Each Contracting Party shall take the necessary measures to ensure that appropriate procedures are in place and applied in order to:

(i)
Evaluate all relevant site-related factors that may affect the safety of a nuclear facility for the duration of its intended life;
(ii)
Assess the potential impact of a project nuclear facility on individuals, society and the environment from the point of view of safety;
(iii)
Reevaluate, as required, all relevant factors mentioned in paras. (i) and (ii) so as to ensure that the nuclear facility remains acceptable from a security point of view;
(iv)
To consult the Contracting Parties adjacent to a project nuclear facility to the extent that such a facility is likely to have consequences for them, and, at their request, to provide them with the necessary information in order to They can assess and assess themselves as to the possible impact on their own territory of the nuclear facility from the point of view of safety.
Art. 18 Design and construction

Each Contracting Party shall take appropriate measures to ensure that:

(i)
In the design and construction of a nuclear facility, several reliable levels and methods of protection (deep defence) are provided for against the release of radioactive material, with a view to preventing accidents and mitigating Their radiological consequences in the event such accidents occur;
(ii)
The technologies used in the design and construction of a nuclear facility are proven by experience or qualified by testing or testing;
(iii)
The design of a nuclear facility allows for reliable, stable and easily controllable operation, as human factors and the human-machine interface are particularly taken into account.
Art. 19 Exploitation

Each Contracting Party shall take appropriate measures to ensure that:

(i)
The initial authorization to operate a nuclear facility is based on an appropriate security analysis and a commissioning program demonstrating that the facility, as constructed, complies with the design and security requirements;
(ii)
The operating limits and conditions resulting from the safety analysis, testing and operating experience are defined and revised as necessary to delineate the area in which the operation is safe;
(iii)
The operation, maintenance, inspection and testing of a nuclear facility shall be carried out in accordance with approved procedures;
(iv)
Procedures are in place to deal with anticipated operational incidents and accidents;
(v)
The necessary engineering and technology support in all safety-related fields is available throughout the life of a nuclear facility;
(vi)
The relevant safety incidents shall be notified in due time by the holder of the relevant authorisation to the regulatory body;
(vii)
Programs for the collection and analysis of operating experience data are put in place, as a result of the results achieved and the conclusions drawn, and that existing mechanisms are used to put the data Extensive experience in common with international organizations and with other agencies and regulators;
(viii)
The production of radioactive waste resulting from the operation of a nuclear facility is as reduced as possible, taking into account the process considered, both the activity and the volume, and that, for any necessary operation The processing and temporary storage of spent fuel and waste directly linked to the operation and located on the same site as the nuclear facility shall take account of the final packaging and storage.

Chapter 3 Meetings of the Contracting Parties

Art. Review Meetings

(1) Contracting Parties shall hold meetings (hereinafter referred to as "review meetings") To review reports submitted pursuant to s. 5, in accordance with procedures adopted pursuant to s. 22.

2. Subject to the provisions of s. 24, sub-groups composed of representatives of the Contracting Parties may be constituted and sit during the review meetings, where deemed necessary to consider particular subjects dealt with in the reports.

(3) Each Contracting Party shall have a reasonable opportunity to discuss the reports submitted by the other Contracting Parties and to seek clarification thereof.

Art. Timing

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 preparatory meeting, the Contracting Parties shall fix the date of the first review meeting. This shall take place as soon as possible within thirty months of the date of entry into force of this Convention.

At each review meeting, the Contracting Parties shall fix the date of the next review meeting. The interval between review meetings should not exceed three years.

Art. Arrangements for procedure

1. At the preparatory meeting held pursuant to s. 21, the Contracting Parties shall establish and adopt by consensus Rules of Procedure and the Financial Rules. The Contracting Parties shall establish in particular and in accordance with the Rules of Procedure:

(i)
Guidelines for the form and structure of reports to be submitted pursuant to s. 5;
(ii)
A date for the submission of the reports;
(iii)
The procedure for reviewing these reports.

2. At the review meetings, Contracting Parties may, if necessary, review the arrangements made under paras. (i) to (iii) above and adopt revisions by consensus, unless otherwise provided in the Rules of Procedure. They may also amend the Rules of Procedure and the Financial Rules by consensus.

Art. Extraordinary meetings

An extraordinary meeting of the Contracting Parties shall be held:

(i)
So decided by the majority of the Contracting Parties present and voting at a meeting, with abstentions being considered as votes;
(ii)
On the 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. 28 received notification that the request was supported by the majority of them.
Art. 24 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 meetings of a Meeting. Observers are required to accept in writing and in advance the provisions of s. 27.

Art. 25 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 at a meeting.

Art. 26 Languages

The languages of the meetings of the Contracting Parties shall be English, Arabic, Chinese, English, French and Russian, except as otherwise provided in the Rules of Procedure.

2. Any report submitted pursuant to s. 5 shall be established in the national language of the Contracting Party which presents it or in a single designated language to be determined 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 designated language is 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. 27 Confidentiality

The provisions of this Convention shall not affect the rights and obligations of Contracting Parties, in accordance with their law, to protect information against disclosure. For the purposes of this Article, the term "information" includes (i) personal data; (ii) information protected by intellectual property rights or by industrial or commercial confidentiality; and (iii) information Relating to national security or the physical protection of nuclear materials or installations.

(2) Where, in the context of this Convention, a Contracting Party provides information indicating that they are 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.

The content of the discussions taking place during the examination of the reports by the Contracting Parties at each meeting shall be confidential.

Art. 28 Secretariat

The International Atomic Energy Agency (hereinafter referred to as the "Agency") Acts as the secretariat of the meetings of the Contracting Parties.

2. The secretariat:

(i)
Convenor meetings of the Contracting Parties, prepare them and provide the service;
(ii)
Shall transmit 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 4 Final Clauses and Miscellaneous Provisions

Art. 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.

Art. 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 20 September 1994 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 or for the accession of regional organizations with an integration character or other character, provided that each of these organizations is constituted by sovereign States and has jurisdiction To negotiate, conclude and implement international agreements covering areas covered by this Convention.
(ii)
In their field 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. 34 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 or accession shall be deposited with the depositary.

Art. 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-second instrument of ratification, acceptance or approval, provided that such an instrument has been deposited by Seventeen states with at least one nuclear facility whose reactor has diverged.

2. For each State or regional organization with an integration character or other character that ratifies, accepts, approves or accedes to this Convention after the date of deposit of the last instrument required for the conditions stated In paragraph 1, 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. 32 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, who shall forward the proposal to the Contracting Parties as soon as possible, but at least ninety days before the meeting at which The amendment is submitted for review. 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. Abstentions shall be considered as votes.

The Diplomatic Conference to consider and adopt amendments to this Convention shall be convened by the depositary and shall be held within one year after the appropriate decision has been taken in accordance with paragraph 1. 3 of this article. The Diplomatic Conference made every effort to ensure that the amendments were adopted by consensus. If this is not possible, the amendments shall be adopted by a two-thirds majority of all the Contracting Parties.

5. The amendments to this Convention which 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 three-fourths 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. 33 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. 34 Depositary

The Director-General of the Agency shall be the depositary of this Convention.

(2) The depositary shall inform the Contracting Parties:

(i)
The signature of this Convention and the deposit of instruments of ratification, acceptance, approval or accession, in accordance with Art. 30;
(ii)
The date on which the Convention enters into force, in accordance with Art. 31;
(iii)
Notifications of denunciation of the Convention made in accordance with Art. 33 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. 32.
Art. 35 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, duly authorized to that effect, have signed this Convention.

Done at Vienna, 17 June 1994.

(Suivent signatures)

Scope of application on 16 April 2015 2

States Parties

Ratification

Accession (A)

Entry into force

South Africa

24 December

1996

24 March

1997

Albania

29 June

2011 A

27 September

2011

Germany

20 January

1997

20 April

1997

Saudi Arabia

18 March

2010 A

June 16

2010

Argentina

April 17

1997

July 16

1997

Armenia

21 September

1998

20 December

1998

Australia

24 December

1996

24 March

1997

Austria * *

26 August

1997

24 November

1997

Bahrain

11 October

2011 A

February 9

2011

Bangladesh

21 September

1995

24 October

1996

Belarus

29 October

1998 A

27 January

1999

Belgium

13 January

1997

13 April

1997

Bosnia and Herzegovina

21 June

2010 A

19 September

2010

Brazil

March 4

1997

2 June

1997

Bulgaria

8 November

1995

24 October

1996

Cambodia

5 April

2012 A

4 July

2012

Canada

12 December

1995

24 October

1996

Chile

20 December

1996

20 March

1997

China

April 9

1996

24 October

1996

Cyprus

March 17

1999 A

15 June

1999

European Community
Of atomic energy (CEEA/EURATOM)

31 January

2000 A

April 30

2000

Korea (South)

19 September

1995

24 October

1996

Croatia

18 April

1996

24 October

1996

Denmark *

13 November

1998

February 11

1999

United Arab Emirates

July 31

2009 A

29 October

2009

Spain

4 July

1995

24 October

1996

Estonia

3 February

2006 A

4 May

2006

United States

April 11

1999

10 July

1999

Finland

22 January

1996

24 October

1996

France

13 September

1995

24 October

1996

Ghana

1 Er June

2011

August 30

2011

Greece

20 June

1997

18 September

1997

Hungary

18 March

1996

24 October

1996

India

March 31

2005

29 June

2005

Indonesia

12 April

2002

July 11

2002

Ireland

July 11

1996

24 October

1996

Iceland

4 June

2008

2 September

2008

Italy

15 April

1998

July 14

1998

Japan

12 May

1995

24 October

1996

Jordan

12 June

2009

10 September

2009

Kazakhstan

10 March

2010

8 June

2010

Kuwait

11 May

2006 A

August 9

2006

Latvia

25 October

1996 A

23 January

1997

Lebanon

5 June

1996

24 October

1996

Libya

13 August

2009 A

11 November

2009

Lithuania

12 June

1996

24 October

1996

Luxembourg

7 April

1997

July 6

1997

Macedonia

15 March

2006 A

13 June

2006

Mali

13 May

1996

24 October

1996

Malta

15 November

2007 A

13 February

2008

Mexico

26 July

1996

24 October

1996

Moldova

7 May

1998 A

August 5

1998

Nigeria

April 4

2007

3 July

2007

Norway

29 September

1994

24 October

1996

Oman

28 May

2013 A

26 August

2013

Pakistan

September 30

1997

29 December

1997

Paraguay

9 January

2014 A

April 9

2014

Netherlands *

15 October

1996

13 January

1997

Peru

1 Er July

1997

29 September

1997

Poland

14 June

1995

24 October

1996

Portugal

20 May

1998

August 18

1998

Czech Republic

18 September

1995

24 October

1996

Romania

1 Er June

1995

24 October

1996

United Kingdom *

17 January

1996

24 October

1996

Guernsey

17 January

1996

24 October

1996

Isle of Man

17 January

1996

24 October

1996

Jersey

17 January

1996

24 October

1996

Russia

July 12

1996

24 October

1996

Senegal

24 December

2008 A

24 March

2009

Singapore

15 December

1997 A

15 March

1998

Slovakia

7 March

1995

24 October

1996

Slovenia

20 November

1996

18 February

1997

Sri Lanka

August 11

1999 A

9 November

1999

Sweden

11 September

1995

24 October

1996

Switzerland

12 September

1996

11 December

1996

Tunisia

April 21

2010

July 20

2010

Turkey

8 March

1995

24 October

1996

Ukraine *

April 8

1998

7 July

1998

Uruguay

3 September

2003

2 December

2003

Vietnam

April 16

2010 A

July 15

2010

*
Reservations and declarations.
**
Objections.

Reservations, declarations and objections are not published in the RO. The texts in English and French can be found at the United Nations Internet site: http://treaties.un.org or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne.


RO 1997 2380; FF 1995 IV 1308


1 RO 1997 2379
2 RO 1997 2392, 2003 3314, 2007 2053, 2010 2189, 2012 381, 2015 1229. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status April 16, 2015