(4) CONVENTION ON EARLY NOTIFICATION OF A NUCLEAR ACCIDENT(Adopted
on September 26,1986,Entered into Force October 23,1987)
The
States Parties to this Convention,
Aware that nuclear activities are being carried out in a number of
States,
Noting that comprehensive measures have been and are being taken to ensure
a high level of safety in nuclear activities, aimed at preventing nuclear
accidents and minimizing the consequences of any such accident, should it
occur,
Desiring to strengthen further international co-operation in the safe
development and use of nuclear energy,
Convinced of the need for States to provide relevant information about
nuclear accidents as early as possible in order that transboundary radiological
consequences can be minimized,
Noting the usefulness of bilateral and multilateral arrangements on
information exchange in this area,
Have
agreed as follows:
Article 1
Scope of Application
1. |
This Convention shall apply in the event of
any accident involving facilities or activities of a State Party or of persons
or legal entities under its jurisdiction or control, referred to in paragraph 2
below, from which a release of radioactive material occurs or is likely to
occur and which has resulted or may result in an international transboundary
release that could be of radiological safety significance for another State.
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2. |
The facilities and activities referred to
in paragraph 1 are the following:
(a)
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any nuclear reactor wherever located;
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(b)
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any nuclear fuel cycle facility;
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(c)
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any radioactive waste management facility;
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(d)
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the transport and storage of nuclear fuels
or radioactive wastes;
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(e)
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the manufacture, use, storage, disposal and
transport of radioisotopes for agricultural, industrial, medical and related
scientific and research purposes; and
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(f)
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the use of radioisotopes for power
generation in space objects.
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Article 2
Notification and Information
In the event of an accident specified in
article 1 (hereinafter referred to as a "nuclear accident"), the State Party
referred to in that article shall:
(a)
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forthwith notify, directly or through the
International Atomic Energy Agency (hereinafter referred to as the "Agency"),
those States which are or may be physically affected as specified in article
1 and the Agency of the nuclear accident, its nature, the time of its
occurrence and its exact location where appropriate; and
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(b)
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promptly provide the States referred to in
sub-paragraph (a), directly or through the Agency, and the Agency with such
available information relevant to minimizing the radiological consequences in
those States, as specified in article 5.
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Article 3
Other Nuclear Accidents
With a view to minimizing the radiological
consequences, States Parties may notify in the event of nuclear accidents other
than those specified in article 1.
Article 4
Functions of the Agency
The Agency shall:
(a)
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forthwith inform States Parties, Member
States, other States which are or may be physically affected as specified in
article 1 and relevant international intergovernmental organizations
(hereinafter referred to as "international organization") of a notification
received pursuant to sub-paragraph (a) of article 2; and
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(b)
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promptly provide any State Party, Member
State or relevant international organization, upon request, with the
information received pursuant to sub-paragraph (b) of article 2.
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Article 5
Information to be Provided
1. |
The information to be provided pursuant to
sub-paragraph (b) of article 2 shall comprise the following data as then
available to the notifying State Party:
(a)
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the time, exact location where appropriate,
and the nature of the nuclear accident;
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(b)
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the facility or activity involved;
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(c)
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the assumed or established cause and the
foreseeable development of the nuclear accident relevant to the transboundary
release of the radioactive materials;
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(d)
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the general characteristics of the
radioactive release, including, as far as is practicable and appropriate, the
nature, probable physical and chemical form and the quantity, composition and
effective height of the radioactive release;
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(e)
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information on current and forecast
meteorological and hydrological conditions, necessary for forecasting the
transboundary release of the radioactive materials;
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(f)
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the results of environmental monitoring
relevant to the transboundary release of the radioactive materials;
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(g)
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the off-site protective measures taken or
planned;
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(h)
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the predicted behaviour over time of the
radioactive release.
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2. |
Such information shall be supplemented at
appropriate intervals by further relevant information on the development of the
emergency situation, including its foreseeable or actual termination.
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3. |
Information received pursuant to
sub-paragraph (b) of article 2 may be used without restriction, except when
such information is provided in confidence by the notifying State Party.
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Article 6
Consultations
A State Party providing information pursuant
to sub-paragraph (b) of article 2 shall, as far as is reasonably practicable,
respond promptly to a request for further information or consultations sought
by an affected State Party with a view to minimizing the radiological
consequences in that State.
Article 7
Competent Authorities and Points of Contact
1. |
Each State Party shall make known to the
Agency and to other States Parties, directly or through the Agency, its
competent authorities and point of contact responsible for issuing and
receiving the notification and information referred to in article 2. Such
points of contact and a focal point within the Agency shall be available
continuously.
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2. |
Each State Party shall promptly inform the
Agency of any changes that may occur in the information referred to in
paragraph 1.
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3. |
The Agency shall maintain an up-to-date
list of such national authorities and points of contact as well as points of
contact of relevant international organizations and shall provide it to States
Parties and Member States and to relevant international organizations.
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Article 8
Assistance to States Parties
The Agency shall, in accordance with its
Statute and upon a request of a State Party which does not have nuclear
activities itself and borders on a State having an active nuclear programme but
not Party, conduct investigations into the feasibility and establishment of an
appropriate radiation monitoring system in order to facilitate the achievement
of the objectives of this Convention.
Article 9
Bilateral and Multilateral Arrangements
In furtherance of their mutual interests,
States Parties may consider, where deemed appropriate, the conclusion of
bilateral or multilateral arrangements relating to the subject matter of this
Convention.
Article 10
Relationship to Other International Agreements
This Convention shall not affect the
reciprocal rights and obligations of States Parties under existing
international agreements which relate to the matters covered by this
Convention, or under future international agreements concluded in accordance
with the object and purpose of this Convention.
Article 11
Settlement of Disputes
1. |
In the event of a dispute between States
Parties, or between a State Party and the Agency, concerning the interpretation
or application of this Convention, the parties to the dispute shall consult
with a view to the settlement of the dispute by negotiation or by any other
peaceful means of settling disputes acceptable to them.
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2. |
If a dispute of this character between
States Parties cannot be settled within one year from the request for
consultation pursuant to paragraph 1, it shall, at the request of any party to
such dispute, be submitted to arbitration or referred to the International
Court of Justice for decision. Where a dispute is submitted to arbitration, if,
within six months from the date of the request, the parties to the dispute are
unable to agree on the organization of the arbitration, a party may request the
President of the International Court of Justice or the Secretary-General of the
United Nations to appoint one or more arbitrators. In cases of conflicting
requests by the parties to the dispute, the request to the Secretary-General of
the United Nations shall have priority.
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3. |
When signing, ratifying, accepting,
approving or acceding to this Convention, a State may declare that it does not
consider itself bound by either or both of the dispute settlement procedures
provided for in paragraph 2. The other States Parties shall not be bound by a
dispute settlement procedure provided for in paragraph 2 with respect to a
State Party for which such a declaration is in force.
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4. |
A State Party which has made a declaration
in accordance with paragraph 3 may at any time withdraw it by notification to
the depositary.
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Article 12
Entry Into Force
1. |
This Convention shall be open for signature
by all States and Namibia, represented by the United Nations Council for
Namibia, at the Headquarters of the International Atomic Energy Agency in
Vienna and at the Headquarters of the United Nations in New York, from 26
September 1986 and 6 October 1986 respectively, until its entry into force or
for twelve months, whichever period is longer.
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2. |
A State and Namibia, represented by the
United Nations Council for Namibia, may express its consent to be bound by this
Convention either by signature, or by deposit of an instrument of ratification,
acceptance or approval following signature made subject to ratification,
acceptance or approval, or by deposit of an instrument of accession. The
instruments of ratification, acceptance, approval or accession shall be
deposited with the depositary.
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3. |
This Convention shall enter into force
thirty days after consent to be bound has been expressed by three States.
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4. |
For each State expressing consent to be
bound by this Convention after its entry into force, this Convention shall
enter into force for that State thirty days after the date of expression of
consent.
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5. |
(a)
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This Convention shall be open for accession,
as provided for in this article, by international organizations and regional
integration organizations constituted by sovereign States, which have
competence in respect of the negotiation, conclusion and application of
international agreements in matters covered by this Convention.
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(b)
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In matters within their competence such organizations
shall, on their own behalf, exercise the rights and fulfil the obligations
which this Convention attributes to States Parties.
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(c)
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When depositing its instrument of accession,
such an organization shall communicate to the depositary a declaration
indicating the extent of its competence in respect of matters covered by this
Convention.
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(d)
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Such an organization shall not hold any vote
additional to those of its Member States.
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Article 13
Provisional Application
A State may, upon signature or at any later date
before this Convention enters into force for it, declare that it will apply
this Convention provisionally.
Article 14
Amendments
1. |
A State Party may propose amendments to
this Convention. The proposed amendment shall be submitted to the depositary
who shall circulate it immediately to all other States Parties.
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2. |
If a majority of the States Parties request
the depositary to convene a conference to consider the proposed amendments, the
depositary shall invite all States Parties to attend such a conference to begin
not sooner than thirty days after the invitations are issued. Any amendment
adopted at the conference by a two-thirds majority of all States Parties shall
be laid down in a protocol which is open to signature in Vienna and New York by
all States Parties.
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3. |
The protocol shall enter into force thirty
days after consent to be bound has been expressed by three States. For each State
expressing consent to be bound by the protocol after its entry into force, the
protocol shall enter into force for that State thirty days after the date of
expression of consent.
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Article 15
Denunciation
1. |
A State Party may denounce this Convention
by written notification to the depositary.
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2. |
Denunciation shall take effect one year
following the date on which the notification is received by the depositary.
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Article 16
Depositary
1. |
The Director General of the Agency shall be
the depositary of this Convention.
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2. |
The Director General of the Agency shall
promptly notify States Parties and all other States of:
(a)
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each signature of this Convention or any
protocol of amendment;
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(b)
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each deposit of an instrument of
ratification, acceptance, approval or accession concerning this Convention or
any protocol of amendment;
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(c)
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any declaration or withdrawal thereof in
accordance with article 11;
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(d)
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any declaration of provisional application
of this Convention in accordance with article 13;
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(e)
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the entry into force of this Convention and
of any amendment thereto; and
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(f)
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any denunciation made under article 15.
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Article 17
Authentic Texts and Certified Copies
The original of this Convention, of which the
Arabic, Chinese, English, French, Russian and Spanish texts are equally
authentic, shall be deposited with the Director General of the International
Atomic Energy Agency who shall send certified copies to States Parties and all
other States.
In
witness whereof the undersigned being duly
authorized, have signed this Convention, open for signature as provided for in
paragraph 1 of article 12.
Adopted by the General Conference of the International Atomic Energy Agency
meeting in special session at Vienna on the twenty-sixth day of September one
thousand nine hundred and eighty-six.
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