Convention on Assistance in the case of a Nuclear Accident or Radiological Emergency - Declaration
Date: 1986-09-26
Institutions: Afghanistan, Australia, Austria, Belgium, Brazil, Bulgaria, Canada, Chile, China, Costa Rica, Cuba, Czechoslovakia, Côte d’Ivoire, Democratic Republic of the Congo, Denmark, Egypt, European Atomic Energy Community, Finland, France, German Democratic Republic, Greece, Guatemala, Holy See, Hungary, Iceland, India, Indonesia, Iran, Ireland, Israel, Jordan, Lebanon, Liechtenstein, Mali, Mexico, Monaco, Morocco, Netherlands, Niger, North Korea, Norway, Panama, Paraguay, Poland, Portugal, Spain, Sudan, Sweden, Switzerland, Türkiye, United Kingdom, United States, Zimbabwe
Subjects: EAEC, accession to an agreement, aid policy, international convention, international cooperation, nuclear accident, nuclear safety

L 314/28

EN

Official Journal of the European Union

30.11.2005

CONVENTION ON ASSISTANCE IN THE CASE OF A NUCLEAR ACCIDENT OR RADIOLOGICAL
EMERGENCY

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 minimising the consequences of any such accident, should it occur,

DESIRING to strengthen further international cooperation in the safe development and use of nuclear energy,

CONVINCED of the need for an international framework which will facilitate the prompt provision of assistance in the
event of a nuclear accident or radiological emergency to mitigate its consequences,

NOTING the usefulness of bilateral and multilateral arrangements on mutual assistance in this area,

NOTING the activities of the International Atomic Energy Agency in developing guidelines for mutual emergency
assistance arrangements in connection with a nuclear accident or radiological emergency,

HAVE AGREED as follows:

Article 1

General provisions

where appropriate, from other international intergovernmental
organisations (hereinafter referred to as international organi-
sations).

1.
The States Parties shall cooperate between themselves and
with the International Atomic Energy Agency (hereinafter
referred to as the Agency) in accordance with the provisions
of this Convention to facilitate prompt assistance in the event of
a nuclear accident or radiological emergency to minimise its
consequences and to protect life, property and the environment
from the effects of radioactive releases.

2.
To facilitate such cooperation States Parties may agree on
bilateral or multilateral arrangements or, where appropriate, a
combination of these, for preventing or minimising injury and
damage which may result in the event of a nuclear accident or
radiological emergency.

its Statute,

The States Parties request the Agency, acting within the
in
this Convention to
cooperation between

3.
framework of
accordance with the provisions of
promote,
the
States Parties provided for in this Convention.

to use its best endeavours

and support

facilitate

Article 2

Provision of assistance

2.
A State Party requesting assistance shall specify the scope
and type of assistance required and, where practicable, provide
the assisting party with such information as may be necessary
for that party to determine the extent to which it is able to
meet the request. In the event that it is not practicable for the
requesting State Party to specify the scope and type of assistance
required, the requesting State Party and the assisting party shall,
in consultation, decide upon the scope and type of assistance
required.

Each State Party to which a request for such assistance is
3.
directed shall promptly decide and notify the requesting State
Party, directly or through the Agency, whether it is in a position
to render the assistance requested and the scope and terms of
the assistance that might be rendered.

4.
States Parties shall, within the limits of their capabilities,
identify and notify the Agency of experts, equipment and
materials which could be made available for the provision of
assistance to other States Parties in the event of a nuclear
accident or radiological emergency as well as the terms, espe-
cially financial, under which such assistance could be provided.

If a State Party needs assistance in the event of a nuclear
1.
accident or
such
radiological emergency, whether or not
accident or emergency originates within its territory, jurisdiction
or control, it may call for such assistance from any other State
Party, directly or through the Agency, and from the Agency, or,

5.
Any State Party may request assistance relating to medical
treatment or temporary relocation into the territory of another
State Party of people involved in a nuclear accident or radi-
ological emergency.

30.11.2005

EN

Official Journal of the European Union

L 314/29

The Agency shall respond, in accordance with its Statute
6.
and as provided for in this Convention, to a requesting State
Party’s or a Member State’s request for assistance in the event of
a nuclear accident or radiological emergency by:

competent authorities and point of contact authorised to
make and receive requests for and to accept offers of assistance.
Such points of contact and a focal point within the Agency
shall be available continuously.

(a) making available appropriate resources allocated for this

purpose;

2.
Each State Party shall promptly inform the Agency of any
changes that may occur in the information referred to in
paragraph 1.

(b) transmitting promptly the request to other States and inter-
national organisations which, according to the Agency’s
information, may possess the necessary resources; and

3.
The Agency shall regularly and expeditiously provide to
States Parties, Member States and relevant international organi-
sations the information referred to in paragraphs 1 and 2.

(c)

if so requested by the requesting State, coordinating the
assistance at
level which may thus
the
become available.

international

Article 5

Functions of the Agency

Article 3

Direction and control of assistance

Unless otherwise agreed:

(a)

the

the overall direction, control, coordination and supervision
the assistance shall be the responsibility within its
of
territory of
assisting party
requesting State. The
should, where the assistance involves personnel, designate
in consultation with the requesting State, the person who
should be in charge of and retain immediate operational
supervision over
equipment
provided by it. The designated person should exercise
such supervision in cooperation with the appropriate autho-
rities of the requesting State;

the personnel

and

the

The States Parties request
in accordance with
Article 1(3) and without prejudice to other provisions of this
Convention, to:

the Agency,

(a) collect and disseminate to States Parties and Member States

information concerning:

(i) experts, equipment and materials which could be made
available in the event of nuclear accidents or radiological
emergencies;

(ii) methodologies,

results of
research relating to response to nuclear accidents or
radiological emergencies;

and available

techniques

(b) the requesting State shall provide,

to the extent of

its
capabilities, local facilities and services for the proper and
effective administration of the assistance. It shall also ensure
the protection of personnel, equipment and materials
brought into its territory by or on behalf of the assisting
party for such purpose;

(b) assist a State Party or a Member State when requested in

any of the following or other appropriate matters:

(i) preparing both emergency plans in the case of nuclear
accidents and radiological emergencies and the appro-
priate legislation;

(c) ownership of equipment and materials provided by either
party during the periods of assistance shall be unaffected,
and their return shall be ensured;

(ii) developing
personnel
ological emergencies;

appropriate

for
to deal with nuclear accidents and radi-

programmes

training

(d) a State Party providing assistance in response to a request
under Article 2(5) shall coordinate that assistance within its
territory.

(iii) transmitting requests for assistance and relevant infor-
mation in the event of a nuclear accident or radiological
emergency;

Article 4

(iv) developing

radiation
appropriate
programmes, procedures and standards;

monitoring

Competent authorities and points of contact

1.
other States Parties, directly or

Each State Party shall make known to the Agency and to
its

through the Agency,

(v) conducting investigations into the feasibility of estab-
lishing appropriate radiation monitoring systems;

L 314/30

EN

Official Journal of the European Union

30.11.2005

(c) make available to a State Party or a Member State requesting
assistance in the event of a nuclear accident or radiological
emergency appropriate resources allocated for the purpose
of conducting an initial assessment of
the accident or
emergency;

(d) offer its good offices to the States Parties and Member States
in the event of a nuclear accident or radiological emergency;

(e) establish and maintain liaison with relevant international
organisations for the purposes of obtaining and exchanging
information and data, and make a list of such
relevant
organisations available to States Parties, Member States
and the aforementioned organisations.

Article 6

Confidentiality and public statements

The requesting State and the assisting party shall protect
1.
the confidentiality of any confidential information that becomes
available to either of them in connection with the assistance in
the event of a nuclear accident or radiological emergency. Such
information shall be used exclusively for the purpose of the
assistance agreed upon.

the requesting State shall

2. When assistance is provided wholly or partly on a reim-
bursement basis,
reimburse the
assisting party for the costs incurred for the services rendered
by persons or organisations acting on its behalf, and for all
expenses in connection with the assistance to the extent that
such expenses are not directly defrayed by the requesting State.
Unless otherwise agreed,
shall be provided
promptly after the assisting party has presented its request for
reimbursement to the requesting State, and in respect of costs
other than local costs, shall be freely transferrable.

reimbursement

3.
Notwithstanding paragraph 2, the assisting party may at
any time waive, or agree to the postponement of, the reimbur-
sement in whole or in part.
In considering such waiver or
postponement, assisting parties shall give due consideration to
the needs of developing countries.

Article 8

Privileges, immunities and facilities

The requesting State shall afford to personnel of
acting on its behalf
for

1.
assisting party and personnel
necessary
and
privileges,
performance of their assistance functions.

immunities

facilities

the
the
the

2.
The assisting party shall make every effort to coordinate
with the requesting State before releasing information to the
public on the assistance provided in connection with a
nuclear accident or radiological emergency.

2.
The requesting State shall afford the following privileges
and immunities to personnel of the assisting party or personnel
acting on its behalf who have been duly notified to and
accepted by the requesting State:

Article 7

Reimbursement of costs

(a)

An assisting party may offer assistance without costs to
1.
the requesting State. When considering whether
to offer
assistance on such a basis, the assisting party shall take into
account:

immunity from arrest, detention and legal process, including
and administrative
criminal,
the
requesting State,
in respect of acts or omissions in the
performance of their duties; and

jurisdiction, of

civil

(a)

the nature of
emergency;

the nuclear

accident or

radiological

(b) exemption from taxation, duties or other charges, except
those which are normally incorporated in the price of
goods or paid for services rendered,
the
performance of their assistance functions.

in respect of

(b) the place of origin of the nuclear accident or radiological

emergency;

3.

The requesting State shall:

(c)

the needs of developing countries;

(d) the particular needs of countries without nuclear facilities;

and

(a) afford the assisting party exemption from taxation, duties or
other charges on the equipment and property brought into
the territory of the requesting State by the assisting party for
the purpose of the assistance; and

(e) any other relevant factors.

(b) provide immunity from seizure, attachment or requisition of

such equipment and property.

30.11.2005

EN

Official Journal of the European Union

L 314/31

The requesting State shall ensure the return of such
4.
equipment and property.
If requested by the assisting party,
the requesting State shall arrange, to the extent it is able to
do so,
recoverable
the necessary decontamination of
equipment involved in the assistance before its return.

for

or damage to the environment caused within its territory or
other area under its jurisdiction or control
in the course of
providing the assistance requested:

5.
The requesting State shall facilitate the entry into, stay in
and departure from its national territory of personnel notified
to paragraph 2 and of equipment and property
pursuant
involved in the assistance.

Nothing in this article shall require the requesting State to
6.
provide its nationals or permanent residents with the privileges
and immunities provided for in the foregoing paragraphs.

7. Without prejudice to the privileges and immunities, all
beneficiaries enjoying such privileges and immunities under
this article have a duty to respect the laws and regulations of
to
the requesting State. They shall also have the duty not
interfere in the domestic affairs of the requesting State.

Nothing in this article shall prejudice rights and obli-
to privileges and immunities afforded
to other international agreements or the rules of

8.
gations with respect
pursuant
customary international law.

(a) not bring any legal proceedings against the assisting party
or persons or other legal entities acting on its behalf;

(b) assume responsibility for dealing with legal proceedings and
claims brought by third parties against the assisting party or
against persons or other legal entities acting on its behalf;

(c) hold the assisting party or persons or other legal entities
acting on its behalf harmless in respect of legal proceedings
and claims referred to in sub-paragraph (b); and

(d) compensate the assisting party or persons or other legal

entities acting on its behalf for:

(i) death of or injury to personnel of the assisting party or

persons acting on its behalf;

(ii) loss of or damage to non-consumable equipment or

materials related to the assistance;

9. When signing, ratifying, accepting, approving or acceding
to this Convention, a State may declare that it does not consider
itself bound in whole or in part by paragraphs 2 and 3.

except in cases of wilful misconduct by the individuals who
caused the death, injury, loss or damage.

A State Party which has made

10.
a declaration in
accordance with paragraph 9 may at any time withdraw it by
notification to the depositary.

3.
This article shall not prevent compensation or indemnity
available under any applicable international agreement or
national law of any State.

Article 9

Nothing in this article shall require the requesting State to
to its nationals or

4.
apply paragraph 2 in whole or in part
permanent residents.

Transit of personnel, equipment and property

Each State Party shall, at the request of the requesting State or
the assisting party, seek to facilitate the transit
through its
territory of duly notified personnel, equipment and property
involved in the assistance to and from the requesting State.

Article 10

Claims and compensation

5. When signing, ratifying, accepting, approving or acceding
to this Convention, a State may declare:

(a)

that it does not consider itself bound in whole or in part by
paragraph 2;

1.
The States Parties shall closely cooperate in order to
facilitate the settlement of legal proceedings and claims under
this article.

(b) that it will not apply paragraph 2 in whole or in part in
cases of gross negligence by the individuals who caused the
death, injury, loss or damage.

2.
Unless otherwise agreed, a requesting State shall in respect
of death or of injury to persons, damage to or loss of property,

6.
A State Party which has made a declaration in accordance
with paragraph 5 may at any time withdraw it by notification
to the depositary.

L 314/32

EN

Official Journal of the European Union

30.11.2005

Article 11

Termination of assistance

Article 14

Entry into force

The requesting State or the assisting party may at any time, after
appropriate consultations and by notification in writing, request
the termination of assistance received or provided under this
Convention. Once such a request has been made, the parties
involved shall consult with each other to make arrangements
for the proper conclusion of the assistance.

1.
This Convention shall be open for signature by all States
and Namibia, represented by the United Nations Council for
the International Atomic
Namibia, at
the Headquarters of
Energy Agency in Vienna and at
the
the Headquarters of
United Nations in New York, from 26 September 1986 and
6 October 1986 respectively, until its entry into force or for 12
months, whichever period is longer.

Article 12

Relationship to other international agreements

This Convention shall not affect the reciprocal rights and obli-
gations 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 13

Settlement of disputes

In the event of a dispute between States Parties, or
1.
between a State Party and the Agency, concerning the interpre-
the parties to the
tation or application of this Convention,
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.

If a dispute of this character between States Parties cannot
2.
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
the
organisation of
International Court of
President of The
the
the United Nations to appoint one or
Secretary-General of
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.

the arbitration, a party may request
Justice or

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
in paragraph 2. The other States
procedures provided for
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.

A State and Namibia, represented by the United Nations
2.
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.

This Convention shall enter into force 30 days after

3.
consent to be bound has been expressed by three States.

For each State expressing consent to be bound by this
4.
this Convention shall
Convention after its entry into force,
enter into force for that State 30 days after the date of
expression of consent.

5. (a) This Convention shall be open for accession, as
provided for in this article, by international organi-
sations
organisations
constituted by sovereign States, which have competence
in respect of the negotiation, conclusion and application
of international agreements in matters covered by this
Convention.

integration

regional

and

(b) In matters within their competence such organisations
shall, on their own behalf, exercise the rights and fulfil
the obligations which this Convention attributes to
States Parties.

(c) When depositing its instrument of accession, such an
organisation shall communicate to the depositary a
declaration indicating the extent of its competence in
respect of matters covered by this Convention.

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.

(d) Such an organisation shall not hold any vote additional

to those of its Member States.

30.11.2005

EN

Official Journal of the European Union

L 314/33

Article 15

Provisional application

The Director General of the Agency shall promptly notify

2.
States Parties and all other States of:

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.

(a) each signature of

this Convention or any protocol of

amendment;

Article 16

Amendments

A State

Party may propose

1.
to this
Convention. The proposed amendment shall be submitted to
the depositary who shall circulate it immediately to all other
States Parties.

amendments

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 30 days after the invi-
tations 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.

3.
The protocol shall enter into force 30 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 30
days after the date of expression of consent.

Article 17

Denunciation

A State Party may denounce this Convention by written

1.
notification to the depositary.

(b) each deposit of an instrument of ratification, acceptance,
approval or accession concerning this Convention or any
protocol of amendment;

(c) any declaration or withdrawal thereof in accordance with

Articles 8, 10 and 13;

(d) any

declaration

of
Convention in accordance with Article 15;

provisional

application

of

this

(e)

the entry into force of
amendment thereto; and

this Convention and of any

(f) any denunciation made under Article 17.

Article 19

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.

Denunciation shall take effect one year following the date

2.
on which the notification is received by the depositary.

IN WITNESS WHEREOF the undersigned, being duly authorised,
have signed this Convention, open for signature as provided for
in Article 14(1).

Article 18

Depositary

The Director General of

1.
depositary of this Convention.

the Agency shall be

the

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.

L 314/34

EN

Official Journal of the European Union

30.11.2005

Declaration referred to in Article 14(5)(c) of the Convention on Assistance in the case of a Nuclear
Accident or Radiological Emergency

The Community possesses competences, shared with its Member States,
in the field of assistance in
the event of a radiological emergency, to the extent provided by Article 2(b) and the relevant provisions
of Title II, Chapter 3 ‘Health and Safety’ of the Treaty establishing the European Atomic Energy Community.