COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(94) 362 final 
Brussels, 08.09.1994 
Proposal for a 
COUNCIL DECISION 
CONCERNING THE APPROVAL OF THE 
CONCLUSION BY THE EUROPEAN ATOMIC ENERGY COMMUNITY OF THE 
NUCLEAR SAFETY CONVENTION 
(presented by the Commission) 
EXPLANATORY MEMORANDUM 
INTRODUCTION 
,In 1991 the Commission and the Member States played a major 
role in the preparation, proceedings and drawing up of 
conclusions of the "International Conference on the Safety 
of Nuclear Power: Strategies for the Future" held from 2 to 
6 September 1991 in Vienna, under the auspices of the 
International Atomic Energy Agency (IAEA). 
In its "Major Findings", the International Conference 
declared that there was "a need to consider an integrated 
international approach to all aspects of nuclear safety" and 
referred to "the potential value of a step-by-step approach" 
to a framework convention on nuclear safety. It requested 
"the Governing Bodies of the IAEA" to organize "the 
preparation of a proposal on the necessary elements of such 
a formalized international approach, examining the merits of 
various options and taking into account the activities and 
roles of relevant international and intergovernmental bodies 
and using the guidance and mechanisms already established in 
the IAEA." 
Pursuant to a resolution of the IAEA General Conference 
adopted soon afterwards and to the advice given by a group 
of experts, the IAEA convened the first meeting in May 1992 
of an open-ended group of legal and technical.experts whose 
task was to prepare the text of a draft nuclear safety 
convention. The group met seven times with the full 
participation of Commission representatives. The final 
meeting was held from 31 January to 4 February 1994. 
4. In September 1993 the Commission put forward a proposal for 
a Council decision adopting directives for the negotiation 
by the Commission of an international convention on nuclear 
safety1 
5. At its meeting on 27 January 1994, the Permanent 
Representatives Committee agreed that a spokesman of the 
European Union at the meeting of the group of experts in 
Vienna should propose a formula which would allow the 
European Atomic Energy Community (EAEC) to sign, accept or 
approve the convention, or to accede to it, if it so 
desired. 
6. The group of experts, at the above mentioned meeting of 
31 January-4 February 1994 agreed by consensus on the final 
text of a Draft Nuclear Safety Convention. As proposed by 
the experts of the Greek presidency, the text contains a 
clause providing for the signature or accession by regional 
organizations of an integration or other nature (Article 30 
of the Draft Convention). 
7. The IAEA will convene a diplomatic conference from 14 to 
17 June 1994 in Vienna to consider and formally adopt the 
nuclear safety convention. The convention will then be 
open for signature at the thirty eighth regular session of 
the IAEA General Conference in September 1994 and will 
remain open for signature until its entry into force. 
8. The Commission considers that the Nuclear Safety Convention 
is compatible with the provisions of the Euratom Treaty and 
with the legislation derived from it. However, for the 
reasons set out below, this compatibility can only be 
ensured in future if the Community becomes party to the 
SEC(93)1465 final 
convention along with its member states that so desire. 
It is therefore proposed that the Community signs the 
convention, with a view to becoming party to it. 
II THE NUCLEAR SAFETY CONVENTION 
9. The objectivée of the convention are, in the terms of its 
Article 1: 
i) to achieve and maintain a high level of nuclear 
safety worldwide through national measures and 
international cooperation; 
ii) to establish and maintain effective defence in 
nuclear installations against potential radiological 
hazards in order to protect individuals, society and 
the environment from harmful effects of ionizing 
radiation from such installations; 
iii) to prevent accidents with radiological consequences 
and to mitigate such consequences should they occur. 
10. In order to realise these objectives, the convention 
provides in its Chapter 2 for a series of obligations 
including (Article 7) that the Contracting Parties 
establish and maintain a legislative and regulatory 
framework to govern the safety of nuclear installations. 
11. Specific provisions are foreseen in particular for: 
Reporting (Article 5) 
Assessment and Verification of Safety (Article 14) 
Radiation Protection (Article 15) 
Emergency Preparedness (Article 16) 
Siting (Article 17) 
Design and Construction (Article 18) 
Operation (Article 19) 
The obligations set out in Chapter 2 of the convention are 
preceded by general provisions (Chapter 1) and complemented 
by procedural and institutional arrangements on the 
meetings of the Contracting Parties (Chapter 3) and Final 
Clauses and Other Provisions (Chapter 4). 
Ill PROVISIONS OF THE CONVENTION CONCERNING MATTERS WITHIN THE 
PURVIEW OF THE EAEC TREATY 
12. The convention concerns in various ways matters within the 
purview of the EAEC Treaty. The competence and jurisdiction 
which the Community exercises are concerned in the 
following ways: 
a) Exclusive Community competence under Articles 30 to 32 
of the EAEC Treaty 
13. Pursuant to Article 4 of the convention the Contracting 
Parties shall take, within the framework of their 
national law, regulatory and administrative measures 
necessary to implement their obligations under the 
convention. By virtue of Article 15, this includes in 
particular that each Contracting Party shall take the 
appropriate steps to ensure that in all operational 
states the radiation exposure to the workers and the 
public caused by a nuclear installation shall be kept as 
low as reasonably achievable and no individual shall be 
exposed to radiation doses which exceed prescribed 
national dose limits. 
14. Within the territory to which the EAEC Treaty applies 
(cf. its Article 198) these legislative and regulatory 
tasks are exercised by the Community which shall, in the 
terms of Article 2 (b) of the EAEC Treaty, "establish 
uniform safety standards to protect the health of workers 
and of the general public and ensure that they are 
applied". To this end Article 30 of the EAEC Treaty 
provides more specifically: 
"Basic Standards shall be laid down within the Community 
for the protection of the health of workers and the 
general public against the dangers arising from ionizing 
radiations. 
The expression 'Basic Standards' means: 
(a) maximum permissible doses compatible with adequate 
safety; 
(b) maximum permissible levels of exposure and 
contamination; 
(c) the fundamental principles governing the health 
surveillance of workers." 
15. The Basic Standards which are at present in force in the 
Community are laid down in Council Directive of 15 July 
1980 amending the Directives laying down Basic Safety 
Standards for the Health Protection of the General Public 
and Workers Against the Dangers of Ionizing Radiation 
(80/836/Euratom)2, as amended by Council Directive 
84/467/Euratom of 3 September 19843. These Directives 
are complemented by further relevant Community 
legislation in the field of health and safety4. 
ON° L 246 of 17.9.1980, p. 1 
On'L 265 of 5.10.1984, p. 4; on 20 July 1993, the Commission submitted to the Council a 
revised proposal for a directive laying down the Basic Safety Standards for radiation protection (O 
n"C 245 of 9.9.1993, p. 5) 
Council Directive 84/466/Euratom of 3.9.1984 laying down basic measures for the radiation 
protection of persons undergoing medical examination or treatment (O N" L 265, 5.10.1984, p. 1). 
Council Decision 87/600/Euratom of 14.12.1987 on Community arrangements for the early 
exchange of information in the event of a radiological emergency (O N* L 371,30.12.1987, p. 76). 
Council Directive 89/618/Euratom of 27.11.1989 on informing the general public about health 
protection measures to be applied and steps to be taken in the event of a radiological emergency 
(ON*L357, 7.12.1989, p. 31). 
Council Directive 90/641/Euratom of 4.12.1990 on the operational protection of outside workers 
exposed to the risk of ionizing radiation during their activities in controlled areas (0 N° L 349, 
13.12.1990, p. 21). 
Council Directive 92/3/Euratom of 3.2.1992 on the supervision and control of shipments of 
radioactive waste between Member States and into and out of the Community (O N° L 35, 
12.2.1992). 
Council Regulation 87/3954/Euratom of 22.12.1987 laying down maximum permitted levels of 
radioactive contamination of foodstuffs and of feedingstuffs following a nuclear accident or any 
other case of radiological emergency (O N" L 371, 31.12.1987, p. 11). 
Commission Regulation 89/944/Euratom of 12 April 1989, laying down maximum permitted levels 
of radioactive contamination in minor foodstuffs following a nuclear accident or any other case of 
radiological emergency (O N' L 101, 13.4.1989, p. 17). 
Council Regulation 89/2218/Euratom of 18.7.1989 amending Regulation 87/3954/Euratom laying 
down maximum permitted levels of radioactive contamination of foodstuffs and of feedingstuffs 
following a nuclear accident or any other case of radiological emergency (O N" L 211, 22.7.1989, 
P- O-
Council Regulation 89/2219/EEC of 18.7.1989 on the special conditions for exporting foodstuffs 
and feedingstuffs following a nuclear accident or any other case of radiological emergency (O N° 
L 211, 22.7.1989, p. 4). 
Council Regulation 90/737/EEC of 22 March 1990 on the conditions governing imports of 
agricultural products originating in third countries following the accident at the Chernobyl nuclear 
power station (O N* L 82, 29.3.1990, p. 1). 
Commission Regulation 90/770/Euratom of 29 March 1990 laying down maximum permitted levels 
of radioactive contamination of feedingstuffs following a nuclear accident or any other case of 
radiological emergency (O N' L 83, 30.3.1990, p. 78). 
Council Regulation 1493/93/Euratom of 8 June 1993 on shipment of radioactive substances 
between Member States (O N* L 148, 19.6.1993, p. 1). 
Commission Regulation 1518/93/Euratom of 21 June 1993 (replacing Council Regulation 
92/598/EEC of 9 March 1992) establishing a list of products excluded from the application of 
Council Regulation 90/737/EEC on the conditions governing imports of agricultural products 
originating in third countries following the accident at the Chernobyl nuclear power station (O N" 
L 150, 22.6.1993, p. 30). 
Council Directive 85/337/EEC on the assessment of the effect of certain public and private projects 
on the environment (O.J. L 175, 5.7.1985, p. 40); this Directive although based on the EEC Treaty 
explicitly apllies, inter alia, to nuclear power stations. 
b) Concurrent Community competences under the EAEC Treaty 
16. The exclusive competences of the Community under 
Articles 30 to 32 of the EAEC Treaty are supplemented by 
a number of non-exclusive Community responsibilities 
which are intended to give effect to the Basic Standards 
and their application in the Community. These 
responsibilities, which are set out in Articles 33 to 38 
of the EAEC Treaty are to be exercised at Community level 
and relate to the following subject matters covered by 
the convention. 
17. While it is for the Member States under Article 33 of the 
EAEC Treaty to lay down the appropriate provisions, to 
ensure compliance with the Basic Standards and to take 
the necessary measures with regard to teaching, education 
and vocational training, it is for the Commission to make 
appropriate recommendations for harmonizing these 
provisions and for issuing recommendations on any draft 
provisions in this field. 
As regards the application of Article 4 of the 
convention, the Commission is therefore involved in any 
relevant legislative and regulatory measures taken by the 
Member States to give the convention full and complete 
effect. 
18. Article 37 of the EAEC Treaty requires the Commission to 
issue an opinion determining whether or not the 
implementation of plans for the disposal of radioactive 
waste "is liable to result in the radioactive 
contamination of the water, soil or airspace of another 
Member State". To the extent that the measures 
contemplated by the convention in the fields of safety 
assessment (Article 14) emergency preparedness 
(Article 16) and the operation of nuclear installations 
(Article 19) relate to waste disposal within the meaning 
of Article 37 of the AEAC Treaty, the responsibilities 
of the Commission are clearly concerned. 
19. Under Articles 35 and 36 of the EAEC Treaty the 
Commission has certain control and monitoring 
responsibilities which allow it, inter alia, to exercise 
its comptences under Article 38. Pursuant to this 
provision the Commission shall make recommendations to 
the Member States with regard to the level of 
radioactivity in the air, water and soil. Moreover, the 
Commission has far-reaching competences in cases of 
emergency as in such cases not only do the Member States 
have the task of ensuring compliance with the Basic 
Standards (cf. Article 33) but also the Commission. To 
the extent therefore that the draft convention applies 
also in emergency situations, as it does (cf. p.ex. 
Article 16), the participation of the Community is 
necessary. 
20. In the light of the foregoing the Commission considers 
that it is in the interests of the Community to conclude 
the convention as far as the outcome of the negotiations 
foreseen for 14-17 June 1994 is fair and appropriate for 
the Community. 
21. The Commission now submits the text of the convention 
(Annex 1) so that the Council may approve its conclusion 
by the Commission (Annex 2) according to the procedure 
of Article 101 (2) of the EAEC Treaty. 
By virtue of Article 102 of the EAEC Treaty the 
conclusion of the convention shall not be declared by the 
Commission for the Community until the Commission has 
been notified by all the Member States concerned that the 
convention has become applicable to them. 
In accordance with Article 30 (4) (iii) of the 
convention, the Commission will, at the same time, make 
a declaration, as set out in Annex 3 indicating which 
States are members of the European Atomic Energy 
Community and which articles of the convention apply to 
it. 
10 
ANNEX 1 
DRAFT NUCLEAR SAFETY CONVENTION 
PREAMBLE 
THE CONTRACTING PARTIES 
(i) Aware of the importance to the international community 
of ensuring that the use of nuclear energy is safe, 
well regulated and environmentally sound; 
(ii) Reaffirming the necessity of continuing to promote a 
high level of nuclear safety worldwide; 
(iii) Reaffirming that responsibility for nuclear safety 
rests with the State where a nuclear installation is 
located; 
(iv) Desiring to promote an effective nuclear safety 
culture; 
(v) Aware that accidents at nuclear installations have the 
potential for trans-boundary impacts; 
(vi) Keeping in mind the Convention on the Physical 
Protection of Nuclear Material (1979), the Convention 
on Early Notification of a Nuclear Accident (1986), 
and the Convention on Assistance in the Case of a 
Nuclear Accident or Radiological Emergency (1986) ; 
(vii) Affirming the importance of international cooperation 
for the enhancement of nuclear safety by the use of 
existing bilateral and multilateral mechanisms and the 
establishment of this incentive Convention; 
(viii) Recognizing that this Convention entails a commitment 
to the application of fundamental safety principles 
rather than detailed safety standards and that there 
are internationally formulated safety guidelines which 
are updated from time to time and so can provide 
guidance on contemporary means of achieving a high 
level of safety; 
(ix) Affirming the need to begin promptly the development 
of an international convention on the safety of 
radioactive waste management as soon as the ongoing 
process to develop waste management safety 
fundamentals has resulted in broad international 
agreement ; 
(x) Recognizing the usefulness of further technical work 
in connection with the safety of other parts of the 
nuclear fuel cycle, and that this work may, in time, 
facilitate the development of current or future 
international instruments; 
HAVE AGREED as follows: 
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CHAPTER 1. OBJECTIVES, DEFINITIONS AND SCOPE 
ARTICLE 1. OBJECTIVES 
(i) 
(ii) 
(iii) The objectives of this Convention are: 
to achieve and maintain a high level of nuclear safety 
worldwide through national measures and international 
co-operation; 
to establish and maintain effective defences in 
nuclear installations against potential radiological 
hazards in order to protect individuals, society and 
the environment from harmful effects of ionizing 
radiation from such installations; 
to prevent accidents with radiological consequences 
and to mitigate such consequences should they occur. 
ARTICLE 2. DEFINITIONS 
For the purpose of this Convention: 
(i) "nuclear installation" means for each Contracting Party 
any land based civil nuclear power plant under its 
jurisdiction including such storage, handling and 
treatment facilities for radioactive materials as are 
on the same site and are directly related to the 
operation of the nuclear power plant. Such a plant 
ceases to be a nuclear installation when all nuclear 
fuel elements have been removed permanently from the 
reactor core and have been stored safely in accordance 
with approved procedures, and a decommissioning 
programme has been agreed to by the regulatory body. 
(ii) "licence" means any authorization granted by the 
regulatory body to the applicant to have the overall 
responsibility for the siting, design, construction, 
commissioning or operation of a nuclear installation. 
(iii) "regulatory body" means for each Contracting Party any 
body or bodies given the légal authority by that 
Contracting Party to grant licences and to regulate the 
siting,design, construction, commissioning, operation 
or decommissioning of nuclear installations. 
ARTICLE 3. SCOPE OF APPLICATION 
The provisions of this Convention shall apply to the 
safety of nuclear installations. 
AQ. 
CHAPTER 2. OBLIGATIONS 
(a) General Provisions 
ARTICLE 4. IMPLEMENTING MEASURES 
Each Contracting Party shall take, within the framework 
of its national law, the legislative, regulatory and 
administrative measures and other steps necessary to implement 
its obligations under this Convention. 
ARTICLE 5. REPORTING 
Each Contracting Party shall submit for review, prior to 
each meeting referred to in Article 20, a report on the 
measures it has taken to implement each of the obligations of 
this Convention. 
ARTICLE 6. EXISTING NUCLEAR INSTALLATIONS 
Each Contracting Party shall take the appropriate steps 
to ensure that the safety of nuclear installations existing at 
the time the Convention enters into force for that Contracting 
Party is reviewed as soon as possible. When necessary in the 
context of this Convention, the Contracting Party shall ensure 
that all reasonably practicable improvements are made as a 
matter of urgency to upgrade the safety of the installation. 
If such upgrading cannot be achieved, plans should be 
implemented to shut down the installation as soon as 
practically possible. The timing of the shut-down may take 
into account the whole energy context and possible 
alternatives as well as the social, environmental and economic 
impact. 
(b) Legislation and regulation 
ARTICLE 7. LEGISLATIVE AND REGULATORY FRAMEWORK 
1. Each Contracting Party shall establish and maintain a 
legislative and regulatory framework to govern the safety of 
nuclear installations. 
2. The legislative and regulatory framework shall provide 
for: 
(i) the establishment of applicable national safety 
requirements and regulations; 
(ii) a system of licensing with regard to nuclear 
installations and the prohibition of the operation 
of a nuclear installation without a licence; 
yi^> 
(iii) a system of regulatory inspection and assessment of 
nuclear installations to ascertain compliance with 
applicable regulations and the terms of any 
licence; 
(iv) enforcement of applicable regulations and of the 
terms of any licence, including suspension, 
modification or revocation. 
ARTICLE 8. REGULATORY BODY 
1. Each Contracting Party shall establish or designate a 
regulatory body entrusted with the implementation of the 
legislative and regulatory framework established in accordance 
with Article 7,and provided with adequate authority, 
competence and financial and human resources to fulfill its 
assigned responsibilities. 
2. Each Contracting Party shall take the appropriate steps 
to ensure an effective separation between the functions of the 
regulatory body and those of any other body or organization 
concerned with the promotion or utilization of nuclear energy. 
ARTICLE 9. RESPONSIBILITY OF THE LICENCE HOLDER 
Each Contracting Party shall ensure that prime 
responsibility for the safety of a nuclear installation rests 
with the holder of the relevant licence and shall take the 
appropriate steps to ensure that each such licence holder 
meets its responsibility. 
(c) General Safety Considerations 
ARTICLE 10. PRIORITY TO SAFETY 
Each Contracting Party shall take the appropriate steps 
to ensure that all organizations engaged in activities 
directly related to nuclear installations shall establish 
policies that give due priority to nuclear safety. 
ARTICLE 11. FINANCIAL AND HUMAN RESOURCES 
1. Each Contracting Party shall take the appropriate steps 
to ensure that adequate financial resources are available to 
support the safety of each nuclear installation throughout its 
life. 
2. Each Contracting Party shall take the appropriate steps 
to ensure that for all safety related activities in or for 
each nuclear installation throughout its life sufficient 
numbers of qualified staff with appropriate education, 
training and retraining are available. 
yiM 
ARTICLE 12. HUMAN FACTORS 
Each Contracting Party shall take the appropriate steps 
to ensure that the capabilities and limitations of human 
performance are taken into account throughout the life of a 
nuclear installation. 
ARTICLE 13. QUALITY ASSURANCE 
Each Contracting Party shall take the appropriate steps 
to ensure that quality assurance programmes are established 
and implemented with a view to providing confidence that 
specified requirements for all activities important to nuclear 
safety are satisfied throughout the life of a nuclear 
installation. 
ARTICLE 14. ASSESSMENT AND VERIFICATION OF SAFETY 
Each Contracting Party shall take the appropriate steps 
to ensure that: 
(i) comprehensive and systematic safety assessments are 
carried out before constructing and commissioning a 
nuclear installation and throughout its life. Such 
assessments shall be well documented,subsequently updated 
in the light of operating experience and significant new 
safety information, and reviewed under the authority of 
the regulatory body; 
(ii) verification by analysis, surveillance, testing and 
inspection is carried out to ensure that the physical 
state of a nuclear installation and the operation of the 
installation continue to be in accordance with its 
design, applicable national safety requirements and with 
operational limits and conditions. 
ARTICLE 15. RADIATION PROTECTION 
Each Contracting Party shall take the appropriate steps 
to ensure that in all operational states the radiation 
exposure to the workers and the public caused by a nuclear 
installation shall be kept as low as reasonably achievable and 
no individual shall be exposed to radiation doses which exceed 
prescribed national dose limits. 
ARTICLE 16. EMERGENCY PREPAREDNESS 
1. Each Contracting Party shall take the appropriate steps . 
to ensure that there are on-site and off-site emergency plans 
that are routinely tested for nuclear installations and cover 
the activities to be carried out in the event of an emergency. 
ytT 
For any new nuclear installation, such plans shall be prepared 
and tested before it commences operation above a very low 
power level. 
2. Each Contracting Party shall take the appropriate steps 
to ensure that, insofar as they are likely to be affected by a 
radiological emergency, its own population as well as the 
competent authorities of the States in the vicinity of the 
nuclear installation are provided with appropriate information 
for emergency planning and response. 
3. Contracting Parties which do not have a nuclear 
installation on their territory, but are likely to be affected 
in the event of a radiological emergency in a neighbouring 
State, shall take the appropriate steps to ensure that 
emergency plans have been prepared and tested that cover the 
activities to be carried out in the event of an emergency. 
(d) Safety of Installations 
ARTICLE 17. SITING 
Each Contracting Party shall take the appropriate steps 
to ensure that appropriate procedures are established and 
implemented: 
(i) for evaluating all relevant site-related factors which 
are likely to affect the safety of a nuclear 
installation for its projected lifetime; 
(ii) for evaluating the likely safety impact of a proposed 
nuclear installation on individuals, society and the 
environment ; 
(iii) for re-evaluating as necessary all relevant factors 
referred to under sub-paragraphs (i) and (ii) to ensure 
the continued safety acceptability of the nuclear 
installation; 
(iv) for consulting Contracting Parties in the vicinity of a 
proposed nuclear installation, insofar as they are 
likely to be affected by that installation and, upon 
request providing the necessary information to such 
Contracting Parties, in order to enable them to evaluate 
and form their own assessment of the likely safety 
impact of the installation. 
A6 
ARTICLE 18. DESIGN AND CONSTRUCTION 
Each Contracting Party shall take the appropriate steps 
to ensure that : 
(i) the design and construction of a nuclear installation 
provides for several reliable levels and methods of 
protection (defense in depth) against the release of 
radioactive materials, with a view to preventing the 
occurrence of accidents and to mitigating their 
radiological consequences should they occur; 
(ii) the technologies incorporated in the design and 
construction of nuclear installations are proven by 
experience or qualified by testing or analysis; 
(iii) the design allows for reliable, stable and easily 
manageable operation, with specific consideration of 
human factors and the man-machine interface. 
ARTICLE 19. OPERATION 
Each Contracting Party shall take the appropriate steps 
to ensure that : 
(i) the initial authorization to operate a nuclear 
installation is based upon an appropriate safety 
analysis and a commissioning programme demonstrating 
that the installation, as constructed, is consistent 
with design and safety requirements; 
(ii) operational limits and conditions derived from the 
safety analysis, tests and operational experience are 
defined and revised as necessary to identify safe 
boundaries for operation; 
(iii) operation, maintenance, inspection and testing of a 
nuclear installation are conducted in accordance with 
approved procedures ; 
(iv) procedures are established to respond to anticipated 
operational occurrences and to accidents; 
(v) necessary engineering and technical support in all 
safety related fields is available throughout the 
lifetime of a nuclear installation; 
(vi) incidents significant to safety are reported by the 
holder of the relevant licence to the regulatory body; 
At 
(vii) programmes to collect and analyze operating experience 
are established, that the results obtained and the 
conclusions drawn are acted upon and that existing 
mechanisms are used to share important experience with 
international bodies and with other operating 
organizations and regulatory bodies; 
(viii) the generation of radioactive waste resulting from the 
operation of a nuclear installation is kept to the 
minimum practicable for the process concerned, both in 
activity and volume, and that any necessary treatment 
and storage of spent fuel and waste directly related to 
the operation and on the same site take into 
consideration conditioning and disposal. 
CHAPTER 3. MEETINGS OF THE CONTRACTING PARTIES 
ARTICLE 20. REVIEW MEETINGS 
1. The Contracting Parties shall hold meetings for the 
purpose of reviewing the reports submitted pursuant to Article 
5 in accordance with the procedures adopted under Article 22. 
These meetings shall hereinafter be referred to as "review 
meetings". 
2. Subject to the provisions of Article 24 sub-groups 
comprised of representatives of Contracting Parties may be 
established and may function during the review meetings as 
deemed necessary for the purpose of reviewing specific 
subjects contained in the reports. 
3. Each Contracting Party shall have a reasonable 
opportunity to discuss the reports submitted by other 
Contracting Parties and to seek clarification of the reports. 
ARTICLE 21. TIMETABLE 
1. A preparatory meeting of the Contracting Parties shall 
be held not later than six months after the date of entry into 
force of this Convention. 
2. At this preparatory meeting the Contracting Parties 
shall determine the date for the first review meeting. This 
review meeting shall be held as soon as possible but not later 
than thirty months after the date of entry into force of this 
Convention. 
3. At each review meeting the Contracting Parties shall 
determine the date for the next such meeting. The interval 
between review meetings shall not exceed three years. 
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ARTICLE 22. PROCEDURAL ARRANGEMENTS 
1. At the preparatory meeting held pursuant to Article 21 
the Confefacting Parties shall prepare and adopt by consensus 
Rules of Procedure and Financial Rules. The Contracting 
Parties ifaall establish in particular and in accordance with « 
thé Rules ê£ procedure : 
(ij guidelines regarding the form and structure ii the 
report to be submitted pursuant to Article $f 
(ii) a date for submission of such reports; 
lilii the process for reviewing such reports; 
2. At review meetings the Contracting Parties may,if 
necessary, review the arrangements established under sub­
paragraphs (i)-(iii)above, and adopt revised arrangements by 
consensus unless otherwise provided for in the Rules of 
ARTICLE las EXTRAORDINARY MEETINGS 
M extraordinary meeting of the Contracting Parties 
shall be held: 
(i) if so agreed by a majority of the Contracting Parties 
present and voting at a meeting,abstention being 
considered as Voting; or 
(ii) ât thé written request of a Contracting Party, within 
six- months of this request having been communicated to 
the Contracting Parties and notification having been 
received by the Secretariat, that the request has beett 
supported by a majority of the Contracting Parties. 
ARfïCtiÈ M. AfttENDANCE 
1. Ëâch Contracting Party shall attend meetings of the 
Contracting Parties and be represented at such meetings by one 
delegatei and such alternates, experts and advisers as it 
deems necessary. 
2. ïnë Contracting Parties may invite, by consensus, any 
intergoVernîttëhtal organization which is competent in respect 
of matters governed by this Convention to attend, as 
observers, any meeting, or specific sessions thereof. 
Observers shall be required to accept in writing§ and in 
advance/ the provisions of Article 27. 
A% 
ARTICLE 25. SUMMARY REPORTS 
The Contracting Parties shall adopt, by consensus, and 
make available to the public a document addressing issues 
discussed during a meeting and conclusions reached. 
ARTICLE 26. LANGUAGES 
%."-k The languages of meetings of the Contracting Parties 
shall be Arabic, Chinese, English, French, Russian and Spanish 
unless otherwise provided in the Rules of Procedure. 
2. Reports submitted pursuant to Article 5 shall be 
prepared in the national language of the submitting 
Contracting Party or in a single designated language to be 
agreed in the Rules of Procedure. Should the report be 
submitted in a national language other than the designated 
language, a translation of the report into the designated 
language shall be provided by the Contracting Party. 
ARTICLE 27. CONFIDENTIALITY 
1. The provisions of this Convention shall not affect the 
rights and obligations of the Contracting Parties under their 
law to protect information from disclosure. For the purposes 
of this Article, "information" includes, inter alia, 
(i)personal data; (ii) information protected by intellectual 
property rights or by industrial or commercial 
confidentiality; and (iii) information relating to national 
security, the physical protection of nuclear materials or 
nuclear installations. 
2. When, in the context of this Convention, a Contracting 
Party provides information identified by it as protected as 
described in paragraph 1, such information shall be used only 
for the purposes for which it has been provided and its 
confidentiality shall be respected. 
3. The content of the debates during the reviewing of the 
reports by the Contracting Parties at each meeting shall be 
confidential. 
ARTICLE 28. SECRETARIAT 
1. The International Atomic Energy Agency, (hereinafter 
referred to as the "Agency") shall provide the secretariat for 
the meetings of the Contracting Parties. 
2. The secretariat shall : 
(i) convene, prepare and service the meetings of the 
Contracting Parties; 
Jto 
(ii) transmit to the Contracting Parties information 
received or prepared in accordance with the 
provisions of this Convention. 
T&e costs incurred by the Agency in fulfilling (i) and 
(ii) above shall be borne by the Agency as part of its regular 
budget. 
3. Tflie Contracting Parties may, by consensus, request the 
Agency to provide other services in support of meetings of the 
Contracting Parties. The Agency may provide such services if 
they can be undertaken within its programme and regular 
budget. Should this not be possible, the Agency may provide 
such services if voluntary funding is provided from another 
source. 
CHAPTER 4. FINAL CLAUSES AND OTHER PROVISIONS 
ARTICLE 29. RESOLUTION OF DISAGREEMENTS 
In the event of a disagreement between two or more 
Contracting Parties concerning the interpretation or 
application of this Convention, the Parties shall consult 
within the framework of a meeting of the Contracting Parties 
with a view to resolving the disagreement. 
ARTICLE 30. SIGNATURE, RATIFICATION, ACCEPTANCE, APPROVAL, 
ACCESSION 
1. This Convention shall be open for signature by all 
States at the Headquarters of the Agency in Vienna until its 
entry into force. 
2. This Convention is subject to ratification, acceptance 
or approval by the signatory States. 
3. After its entry into force, this Convention will be open 
for accession by all States. 
4. (i) This Convention shall be open for signature or 
accession by regional organizations of an integration 
or other nature, provided that any such organization 
is constituted by sovereign States and has competence 
in respect of the negotiation, conclusion and 
application of international agreements in matters 
covered by this Convention. 
(ii) In matters within their competence, such 
organizations shall, on their own behalf, exercise 
the rights and fulfil the responsibilities which this 
Convention attributes to States Parties. 
%4 
(iii) When becoming party to this Convention such an 
organization shall communicate to the Depositary a 
declaration indicating which States are members 
thereof and which articles of this Convention apply 
to it, as well as the extent of its competence in the 
field covered by those articles. 
(iv) Such organization shall not hold any vote additional 
to those of its Member States. 
5. Instruments of ratification, acceptance, approval or 
accession shall be deposited with the Depositary. 
ARTICLE 31. ENTRY INTO FORCE 
1. This Convention shall enter into force on the ninetieth day 
after the date of deposit with the Depositary of the 
[twentieth] instrument of ratification, acceptance or 
approval, including the instruments of [fifteen]States, each 
with at least one nuclear installation. 
2. For each State or regional organization of an 
integration or other nature which ratifies, accepts, approves 
or accedes to this Convention after the date of deposit of the 
last instrument required to satisfy the conditions in 
paragraph 1, this Convention shall enter into force on the 
ninetieth day after deposit of the appropriate instrument by 
such a State or organization. 
ARTICLE 32. AMENDMENTS TO THE CONVENTION 
1. Any Contracting Party may propose an amendment to this 
Convention. Proposed amendments shall be considered at a 
review or extraordinary meeting. 
2. The text of any proposed amendment and the reasons for 
it shall be provided to the Depositary who shall communicate 
the proposal to the Contracting Parties promptly and at least 
ninety days before the meeting at which it is submitted for 
consideration. Any comments received on such a proposal shall 
be circulated by the Depositary to the Contracting Parties. 
3. The Contracting Parties shall decide after consideration 
of the proposed amendment whether to adopt it by consensus, or 
in the.absence of such consensus, whether to submit it to a 
Diplomatic Conference. A decision to submit a proposed 
amendment to a Diplomatic Conference shall require a two-
thirds, majority vote of the Parties present and voting at the 
meeting, provided that at least one half of the Contracting 
Parties are present at the time of voting. Abstentions shall 
be considered as voting. 
s.t 
4. The Diplomatic Conference to consider and adopt 
amendments to this Convention shall be convened by the 
Depositary to be held no later than one year after the 
appropriate decision taken in accordance with paragraph 3 of 
this Article. 
5. Amendments to this Convention adopted under paragraphs 3 
and 4 above shall be subject to ratification, acceptance, 
approval, or confirmation by the Contracting Parties and shall 
enter into force for those Contracting Parties having 
ratified, accepted, or approved or confirmed them on the 
ninetieth day after the receipt by the Depositary of the 
relevant instruments by at least three fourths of the 
Contracting Parties. For those Contracting Parties which 
later on ratify, accept, approve or confirm the said 
amendments, the latter will enter into force on the ninetieth 
day after that Party deposits its relevant instrument. 
ARTICLE 33. DENUNCIATION 
1. Any Contracting Party may denounce this Convention by 
written notification to the Depositary. 
2. Denunciation shall take effect one year following the date 
of the receipt of the notification by the Depositary, or on 
such later date as may be specified in the notification. 
ARTICLE 34. DEPOSITARY 
1. The Director General of the Agency shall be the Depositary 
of this Convention, 
2. The Depositary shall inform the Contracting Parties of : 
(i) the signature of this Convention and of the deposit 
of instruments of ratification, acceptance, approval 
or accession, in accordance with Article 30; 
(ii) the date on which the Convention enters into force, 
in accordance with Article 31; 
(iii) the notifications of denunciation of the Convention 
and the date thereof, made in accordance with Article 
33; 
(iv) the proposed amendments to this Convention submitted 
by the Contracting Parties, the amendments adopted by 
the relevant Diplomatic Conference or by the meeting 
of the Contracting Parties, and the date of entry 
into force of the said amendments, in accordance with 
Article 32. 
Jt^> 
ARTICLE 35. AUTHENTIC TEXTS 
The original of this Convention - of which the Arabic, 
Chinese, English, French, Russian and Spanish texts are 
equally authentic, shall be deposited with the Depositary who 
shall send certified copies thereof to the Contracting 
Parties. 
IN WITNESS WHEREOF THE UNDERSIGNED, BEING DULY AUTHORIZED TO 
THAT EFFECT, HAVE SIGNED THIS CONVENTION. 
Done at on the day of 
X^t 
ANNEX 2 
COUNCIL DECISION 
of... 
amoving the conclusion by the Commission of the Nuclear Safety Convention 
(.../.../Euratom) 
THE COUNCIL OF THE EUROPEAN UNION 
Having regard to thé Treaty establishing the European Atomic Energy Community, and in 
particular the second paragraph of Article 101 thereof; 
Havitig rèjgâird tô thé Commission draft; 
Whereas the Meeting of Governmental Representatives held in Vienna at the Headquarters of 
the International Atomic Energy Agency from 14 to 17 June 1994 is to adopt a Nuclear 
Safety Convention; 
Whereas, in view of the tasks assigned to the Community by Chapter III Title two of the 
Treaty thé conclusion of the convention by the Commission should be approved, 
HAS DECIDED AS FOLLOWS: 
sole Article 
The conclusion by the Commission of the Nuclear Safety Convention is hereby approved. 
Done at ... For the Council 
The President 
#r 
ANNEX 3 
Declaration by the European Atomic Energy Community 
according to the provisions of Article 30 (4) (iii) of 
the Nuclear Safety Convention 
The Following States are presently members of the European Atomic Energy 
Community: Belgium, Denmark, Germany, Greece, Spain, France, Ireland, Italy, 
Luxembourg, Netherlands, Portugal, United Kingdom. 
The Community declares that the following Articles of the Convention apply to 
it: Articles 1 to 5, Article 7, Articles 14 to 35. 
The Community possesses competences in the fields covered by Articles 1 to 
5, Article 7, and Articles 14 to 19 as provided for by the Treaty establishing the 
European Atomic Energy Community and by the Community legislation 
enumerated hereafter. 
In the future the Community may well take further responsibilities by adopting 
more specific legislation regarding the field covered by the Convention. 
ZG 
LIST OF COMMUNITY LEGISLATION 
Council Directive 80/336/Euratom of 15 July amending the Directives laying down the basic 
safety standards for the health protection of the general public and workers against the dangers 
of ionizing radiation. (O.J. L-246 of 17/09/80 page 1) 
Council Directive 84/467/Euratom of 3 September 1984 amending Directive 80/336/Euratom as 
regards the basic safety standards for the health protection of the general public and workers 
against the dangers of ionizing radiation. (OJ L-265 of 05/10/84 page 4) 
Council Decision 87/600/Euratom of 14.12.1987 on Çornmuniry arrangements for the early 
exchange of information m the event of a radiological emergency (O N" L 371,30.12.1987, p. 76). 
Council Directive89/618/Euratom of 27.11.1989 on informing the general public about health 
protection measures to be applied and steps to be taken in the event of a radiplogicai emergency 
(ONVL357, 7.12.1989, p. 31). 
Council Directive 90/641/Euratom of 4.12.1990 on the operational protection of outside workers 
exposed to the risk of ionizing radiation during their activities in controlled areas (O N° L 349, 
13.12.1990, p. 21). 
Council Directive 92/3/Euratom of 3.2.1992 on the supervision and control of shipments of 
radioactive waste between Member States and into and out of the Community (O N° L 35, 
12.2.1992). 
Council Regulation 87/3954/Euratom of 22.12.1987 laying down maximum permitted levels of 
radioactive contamination of foodstuffs and of feedingsturïs following s nuclear accident or any 
other case of radiological emergency (O N° L 371, 31.12.1987, p. 11). 
Commission Regulation 89/944/Euratom of 12 April 1989. laying down maximum permitted levels 
of radioactive contamination in minor foodstuffs, following a nuclear accident or any other case 
of radiological emergency (.O N° L 101, 13.4.1989, p. 17). 
Council Regulation 39/2218/Euratom of 18.7.1989 amending Regulation 87/3954/Euratom laying 
down maximum permitted levels of radioactive contamination of foodstuffs and of feedingstuffs 
following a nuclear accident or any other case of radiological emergency (O N" L 211,22.7.1989, 
p. I). 
Council Regulation 89/2219/EEC of 18.7.1989 on the special conditions for exporting foodstuffs 
and feedingstuffs following a nuclear accident or any other case of radiological emergency (O N° 
1211. 22.7.1989, p. 4). 
Council Regulation 90/737/EEC of 22 March 1990 on the conditions governing imports of 
agricultural products originating in third countries following the accident at the Chernobyl nuclear 
power station (O N" L 82, 29.3.1990. p. 1). 
Commission Regulation 90/770/Euratom of 29 March 1990 laying down maximum permitted 
levels of radioactive contamination of feedingstuffs following a nuclear accident or any other case 
of radiological emergency (O N° L 83, 30.3.1990, p. 78). 
Council Regulation 1493/93/Euratom of 8 June 1993 on shipment of radioactive substances 
between Member States (O N° L 148, 19.6.1993, p. 1). 
Commission Regulation 1518/93/Euratom of 21 June 1993 (replacing Council Regulation 
92/598/EEC of 9 March 1992) establishing a list of products excluded from the application of 
Council Regulation 90/737/EEC on the conditions governing imports of agricultural products 
originating in third countries following the accident at the Chernobyl nuclear power station (O N° 
L 150. 22.6.1993, p. 30). 
Council Directive 85/337/EEC on the assessment of the effect of certain public and private 
projects on the environment (O.J. L 175, 5.7.1985, p. 40) 
If 
ISSN 0254-1475 
COM(94) 362 final 
DOCUMENTS 
EN 05 15 12 
Catalogue number : CB-CO-94-378-EN-C 
ISBN 92-77-72249-5 
Office for Official Publications of the European Communities 
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