Convention on Early Notification of a Nuclear Accident - Declaration
Date: 1986-09-26
Institutions: Afghanistan, Algeria, Australia, Austria, Belarus, Belgium, Brazil, Bulgaria, Cameroon, Canada, Chile, China, Congo, Costa Rica, Cuba, Côte d’Ivoire, Democratic Republic of the Congo, Denmark, Egypt, European Atomic Energy Community, Finland, France, Germany, Greece, Guatemala, Holy See, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Israel, Italy, Japan, Jordan, Lebanon, Liechtenstein, Luxembourg, Malaysia, Mali, Mexico, Monaco, Morocco, Netherlands, Niger, Nigeria, Norway, Panama, Paraguay, Poland, Portugal, Senegal, Sierra Leone, South Africa, South Korea, Soviet Union, Spain, Sudan, Sweden, Switzerland, Syria, Thailand, Tunisia, Türkiye, Ukraine, United Kingdom, United States, Yugoslavia, Zimbabwe
Subjects: EAEC, accession to an agreement, exchange of information, international convention, international cooperation, nuclear accident, nuclear safety

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CONVENTION ON EARLY NOTIFICATION OF A NUCLEAR ACCIDENT

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 take 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 States to provide relevant information about nuclear accidents as early as possible in order
that transboundary radiological consequences can be minimised,

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,
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.

from which a release of

The facilities and activities referred to in paragraph 1 are

2.
the following:

(a) any nuclear reactor wherever located;

(b) any nuclear fuel cycle facility;

(c) any radioactive waste management facility;

Article 1 and the Agency of the nuclear accident, its nature,
the time of
location where
appropriate; and

its occurrence and its exact

(b) promptly provide

the States

referred to in sub-para-
graph (a), directly or through the Agency, and the Agency
with such available information relevant to minimising the
radiological consequences in those States, as specified in
Article 5.

Article 3

Other Nuclear Accidents

With a view to minimising 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

(d) the transport and storage of nuclear fuels or radioactive

wastes;

The Agency shall:

(e)

the manufacture, use, storage, disposal and transport of
radioisotopes
and
related scientific and research purposes; and

industrial, medical

agricultural,

for

(f)

the use of radioisotopes for power generation in space
objects.

(a) forthwith inform States Parties, Member States, other States
which are or may be physically affected as specified in
Article 1 and relevant international intergovernmental orga-
nisations (hereinafter referred to as international organi-
sations) of
to sub-
paragraph (a) of Article 2; and

a notification received pursuant

Article 2

Notification and information

(b) promptly provide any State Party, Member State or relevant
international organisation, upon request, with the infor-
mation received pursuant to sub-paragraph (b) of Article 2.

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:

Article 5

Information to be provided

(a) forthwith notify, directly or though the International Atomic
Energy Agency (hereinafter referred to as the Agency), those
States which are or may be physically affected as specified in

The

1.
to sub-
information to be provided pursuant
paragraph (b) of Article 2 shall comprise the following data
as then available to the notifying State Party:

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(a)

the time, exact location where appropriate, and the nature
of the nuclear accident;

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

(b) the facility or activity involved;

(c)

the assumed or established cause and the foreseeable devel-
opment of
to the trans-
the nuclear accident
boundary release of the radioactive materials;

relevant

(d) the general

characteristics of

release,
the
including, as far as is practicable and appropriate,
nature, probable physical and chemical
form and the
quantity, composition and effective height of the radioactive
release;

radioactive

the

(e)

information on current and forecast meteorological and
hydrological conditions, necessary for forecasting the trans-
boundary release of the radioactive materials;

The Agency shall maintain an up-to-date list of such
3.
national authorities and points of contact as well as points of
contact of relevant international organisations and shall provide
it to States Parties and Member States and to relevant interna-
tional organisations.

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 feasi-
bility and establishment of an appropriate radiation monitoring
system in order to facilitate the achievement of the objectives of
this Convention.

Article 9

(f)

the results of environmental monitoring relevant
transboundary release of the radioactive materials;

to the

Bilateral and multilateral arrangements

(g) the off-site protective measures taken or planned;

their mutual

interests, States Parties may
In furtherance of
conclusion of
consider, where deemed appropriate,
bilateral or multilateral arrangements relating to the subject
matter of this Convention.

the

(h) the predicted behaviour over time of the radioactive release.

Article 10

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.

Information received pursuant

3.
to subparagraph (b) of
Article 2 may used without restriction, except when such infor-
mation is provided in confidence by the notifying State Party.

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 minimising the
radiological consequences in that State.

Article 7

Competent authorities and points of contact

Each State Party shall make known to the Agency and to
1.
other States Parties, directly or
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.

through the Agency,

Relationship to other international agreements

This Convention shall not affect the reciprocal rights and obli-
gations of State 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 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.

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 a 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
President of
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

International Court of

the

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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.

A State Party which has made a declaration in accordance
4.
with paragraph 3 may at any time withdraw it by notification
to the depositary.

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
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.

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 be 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.
Convention after its entry into force,
this Convention shall
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 organisations and
regional
by
sovereign States, which have competence in respect of
the negotiation, conclusion and application of interna-
tional agreements in matters covered by this Convention.

organisations

constituted

integration

(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.

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

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 the State 30
days after the date of expression of consent.

Article 15

Denunciation

A State Party may denounce this Convention by written

1.
notification to the depositary.

Denunciation shall take effect on year following the date

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

Article 16

Depositary

The Director General of

1.
depositary of this Convention.

the Agency shall be

the

The Director General of the Agency shall promptly notify

2.
States Parties and all other States of:

(a) each signature of

this Convention or any protocol of

amendment;

(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.

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

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

(c) any declaration or withdrawal thereof in accordance with

to those of its Member States.

Article 11;

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(d) any

declaration

of
Convention in accordance with Article 13;

provisional

application

of

this

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.

(e) the entry into force of
amendment thereto; and

this Convention and of any

(f) any denunciation made under Article 15.

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,

IN WITNESS WHEREOF the undersigned, being duly authorised,
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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Declaration referred to in Article 12(5)(c) of the Convention on Early Notification of a Nuclear
Accident

The Community possesses competences, shared with its Member States,
in the field of notification of
radiological emergencies, 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.