Proposal for a Council decision to conclude for the European Community (EC) the "International Joint Convention on the Safety of Spent Fuel Management and the Safety of Radioactive Waste Management"
Date: 2001-10-15
Institutions: European Commission
Subjects: agreement (EU), environmental protection, nuclear fuel, nuclear safety, public health, radioactive waste, waste management

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Proposal for a Council Decision to conclude for the European Community (EC) the (cid:145)International
Joint Convention on the Safety of Spent Fuel Management and the Safety of Radioactive Waste
Management(cid:146)

(2002/C 51 E/07)

COM(2001) 520 final (cid:151) 2001/0225(CNS)

(Submitted by the Commission on 15 October 2001)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 174 paragraph 4 and
Article 300 paragraph 2 first subparagraph and paragraph 3
first subparagraph thereof,

Having regard to the proposal from the Commission;

Having regard to the opinion of the European Parliament;

establishing the European Community, the conclusion by
the European Community of the Joint Convention should
be affected.

this Convention obliges

(4) When becoming party to this Convention, Article 39 (4)(iii)
of
such an organisation to
communicate to the Depositary a declaration indicating
which States are members thereof, which Articles of this
Convention apply to it, and the extent of its competence in
the field covered by those articles.

Whereas:

HAS DECIDED AS FOLLOWS:

(1) The International Joint Convention on the Safety of Spent
Fuel Management and on the Safety of Radioactive Waste
Management was open for signature from 29 September
1997 until its entry into force on 18 June 2001.

(2) This Convention is now open for accession by regional
organisations of an integration or other nature, provided
that any such organisation 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 and the Community
has chosen to accede.

(3) In view of Community policy on the protection of the
environment as laid down in Article 174 of the Treaty

Sole article

1.
The International Joint Convention on the Safety of Spent
Fuel Management and on the Safety of Radioactive Waste
Management is hereby concluded on behalf of the European
Community.

2.
The text of
present Decision.

the Joint Convention is attached to the

The text of the declaration by the European Community
3.
according to the provisions of Article 39 (4)(iii) of the Inter-
Joint Convention on the Safety of Spent Fuel
national
Management
Safety of Radioactive Waste
Management is attached to the present Decision.

and on the

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on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management

JOINT CONVENTION

PREAMBLE

THE CONTRACTING PARTIES

(i) Recognizing that the operation of nuclear reactors generates spent fuel and radioactive waste and

that other applications of nuclear technologies also generate radioactive waste;

(ii) Recognizing that
management;

the same safety objectives apply both to spent

fuel and radioactive waste

(iii) Reaffirming the importance to the international community of ensuring that sound practices are

planned and implemented for the safety of spent fuel and radioactive waste management;

(iv) Recognizing the importance of informing the public on issues regarding the safety of spent fuel and

radioactive waste management;

(v) Desiring to promote an effective nuclear safety culture worldwide;

(vi) Reaffirming that the ultimate responsibility for ensuring the safety of spent fuel and radioactive waste

management rests with the State;

(vii) Recognizing that the definition of a fuel cycle policy rests with the State, some States considering

spent fuel as a valuable resource that may be reprocessed, others electing to dispose of it;

(viii) Recognizing that spent fuel and radioactive waste excluded from the present Convention because
they are within military or defence programmes should be managed in accordance with the
objectives stated in this Convention;

(ix) Affirming the importance of international co-operation in enhancing the safety of spent fuel and
radioactive waste management through bilateral and multilateral mechanisms, and through this
incentive Convention;

(x) Mindful of the needs of developing countries, and in particular the least developed countries, and of
States with economies in transition and of the need to facilitate existing mechanisms to assist in the
fulfillment of their rights and obligations set out in this incentive Convention;

(xi) Convinced that radioactive waste should, as far as is compatible with the safety of the management of
such material, be disposed of in the State in which it was generated, whilst recognizing that, in
certain circumstances, safe and efficient management of spent fuel and radioactive waste might be
fostered through agreements among Contracting Parties to use facilities in one of them for the benefit
of the other Parties, particularly where waste originates from joint projects;

(xii) Recognizing that any State has the right to ban import into its territory of foreign spent fuel and

radioactive waste;

(xiii) Keeping in mind the Convention on Nuclear Safety (1994), the Convention on Early Notification of a
Nuclear Accident (1986), the Convention on Assistance in the Case of a Nuclear Accident or Radio-
logical Emergency (1986), the Convention on the Physical Protection of Nuclear Material (1980), the
Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter as
amended (1994) and other relevant international instruments;

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(xiv) Keeping in mind the principles contained in the interagency (cid:145)International Basic Safety Standards for
Protection against Ionizing Radiation and for the Safety of Radiation Sources(cid:146) (1996), in the IAEA
Safety Fundamentals entitled (cid:145)The Principles of Radioactive Waste Management(cid:146) (1995), and in the
existing international standards relating to the safety of the transport of radioactive materials;

(xv) Recalling Chapter 22 of Agenda 21 by the United Nations Conference on Environment and Devel-
opment in Rio de Janeiro adopted in 1992, which reaffirms the paramount importance of the safe
and environmentally sound management of radioactive waste;

(xvi) Recognizing the desirability of strengthening the international control system applying specifically to
radioactive materials as referred to in Article 1(3) of the Basel Convention on the Control of Trans-
boundary Movements of Hazardous Wastes and Their Disposal (1989);

HAVE AGREED AS FOLLOWS:

CHAPTER 1

OBJECTIVES, DEFINITIONS AND SCOPE OF APPLICATION

Article 1

Objectives

The objectives of this Convention are:

(i) to achieve and maintain a high level of safety worldwide in
spent fuel and radioactive waste management, through the
enhancement of national measures
and international
co-operation,
including where appropriate, safety-related
technical co-operation;

(ii) to ensure that during all stages of spent fuel and radio-
active waste management
there are effective defenses
against potential hazards so that individuals, society and
the environment are protected from harmful effects of
ionizing radiation, now and in the future, in such a way
that the needs and aspirations of the present generation
are met without compromising the ability of
future
generations to meet their needs and aspirations;

(iii) to prevent accidents with radiological consequences and to
mitigate their consequences should they occur during any
stage of spent fuel or radioactive waste management.

Article 2

Definitions

For the purposes of this Convention:

(a)

(cid:145)closure(cid:146) means the completion of all operations at some
time after the emplacement of spent fuel or radioactive
waste in a disposal facility. This includes the final engin-
eering or other work required to bring the facility to a
condition that will be safe in the long term;

(b)

(cid:145)decommissioning(cid:146) means all steps leading to the release of
a nuclear facility, other than a disposal facility, from regu-

(c)

(d)

(e)

(f)

(g)

(h)

(i)

latory control. These steps include the processes of decon-
tamination and dismantling;

(cid:145)discharges(cid:146) means planned and controlled releases into the
environment, as a legitimate practice, within limits auth-
orized by the regulatory body, of liquid or gaseous radio-
active materials
that originate from regulated nuclear
facilities during normal operation;

(cid:145)disposal(cid:146) means the emplacement of spent fuel or radio-
the
active waste
intention of retrieval;

in an appropriate

facility without

(cid:145)licence(cid:146) means any authorization, permission or certifi-
cation granted by a regulatory body to carry out any
activity related to management of spent fuel or of radio-
active waste;

(cid:145)nuclear facility(cid:146) means a civilian facility and its associated
in which radioactive
land, buildings and equipment
materials are produced, processed, used, handled, stored
or disposed of on such a scale that consideration of
safety is required;

(cid:145)operating lifetime(cid:146) means the period during which a spent
fuel or a radioactive waste management facility is used for
its intended purpose. In the case of a disposal facility, the
period begins when spent fuel or radioactive waste is first
emplaced in the facility and ends upon closure of the
facility;

(cid:145)radioactive waste(cid:146) means radioactive material in gaseous,
liquid or solid form for which no further use is foreseen
by the Contracting Party or by a natural or legal person
whose decision is accepted by the Contracting Party, and
which is controlled as radioactive waste by a regulatory
body under the legislative and regulatory framework of the
Contracting Party;

activities,
(cid:145)radioactive waste management(cid:146) means
that relate to the
including decommissioning activities,
handling, pretreatment,
treatment, conditioning, storage,
or disposal of radioactive waste, excluding off-site trans-
portation. It may also involve discharges;

all

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(j)

(k)

(cid:145)radioactive waste management facility(cid:146) means any facility
or installation the primary purpose of which is radioactive
waste management,
including a nuclear facility in the
process of being decommissioned only if it is designated
radioactive waste
by
management facility;

the Contracting

Party

as

a

(cid:145)regulatory body(cid:146) means any body or bodies given the legal
authority by the Contracting Party to regulate any aspect
of
radioactive waste
spent
management including the granting of licences;

safety of

fuel or

the

(l)

(cid:145)reprocessing(cid:146) means a process or operation, the purpose
of which is to extract radioactive isotopes from spent fuel
for further use;

(m) (cid:145)sealed

source(cid:146) means

is
permanently sealed in a capsule or closely bonded and
in a solid form, excluding reactor fuel elements;

radioactive material

that

(n)

(cid:145)spent fuel(cid:146) means nuclear fuel that has been irradiated in
and permanently removed from a reactor core;

(o)

(cid:145)spent fuel management(cid:146) means all activities that relate to
the handling or storage of spent fuel, excluding off-site
transportation. It may also involve discharges;

Article 3

Scope of application

This Convention shall apply to the safety of spent fuel
1.
management when the spent fuel results from the operation of
civilian nuclear
reprocessing
facilities as part of a reprocessing activity is not covered in
the scope of
this Convention unless the Contracting Party
declares reprocessing to be part of spent fuel management.

reactors. Spent

fuel held at

This Convention shall also apply to the safety of radio-
2.
active waste management when the radioactive waste results
from civilian applications. However, this Convention shall not
apply to waste that contains only naturally occurring radio-
active materials and that does not originate from the nuclear
fuel cycle, unless it constitutes a disused sealed source or it is
declared as
this
for
Convention by the Contracting Party.

radioactive waste

the purposes of

spent

fuel or

This Convention shall not apply to the safety of
3.
management of
radioactive waste within
military or defence programmes, unless declared as spent fuel
or radioactive waste for the purposes of this Convention by the
Contracting Party. However, this Convention shall apply to the
safety of management of spent fuel and radioactive waste from
military or defence programmes if and when such materials are
transferred permanently to and managed within exclusively
civilian programmes.

(p)

fuel management

facility(cid:146) means any facility or
(cid:145)spent
installation the primary purpose of which is spent fuel
management;

This Convention shall also apply to discharges as

4.
provided for in Articles 4, 7, 11, 14, 24 and 26.

(q)

(cid:145)State of destination(cid:146) means a State to which a trans-
boundary movement is planned or takes place;

(r)

(cid:145)State of origin(cid:146) means a State from which a transboundary
movement is planned to be initiated or is initiated;

CHAPTER 2

SAFETY OF SPENT FUEL MANAGEMENT

Article 4

General safety requirements

(s)

(t)

(cid:145)State of transit(cid:146) means any State, other than a State of
origin or a State of destination, through whose territory a
transboundary movement is planned or takes place;

take the appropriate steps to
Each Contracting Party shall
ensure that at all stages of spent fuel management, individuals,
society and the environment are adequately protected against
radiological hazards.

(cid:145)storage(cid:146) means the holding of spent fuel or of radioactive
waste in a facility that provides for its containment, with
the intention of retrieval;

In so doing, each Contracting Party shall take the appropriate
steps to:

(u)

(cid:145)transboundary movement(cid:146) means any shipment of spent
fuel or of radioactive waste from a State of origin to a
State of destination.

(i) ensure that criticality and removal of

residual heat
generated during spent fuel management are adequately
addressed;

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(ii) ensure that the generation of radioactive waste associated
with spent fuel management is kept to the minimum prac-
ticable, consistent with the type of
fuel cycle policy
adopted;

(iii) to make information on the safety of such a facility

available to members of the public;

(iii) take into account interdependencies among the different

steps in spent fuel management;

(iv) provide for effective protection of individuals, society and
the environment, by applying at the national level suitable
protective methods as approved by the regulatory body, in
the framework of its national
legislation which has due
regard to internationally endorsed criteria and standards;

(v) take into account

that may be

the biological, chemical and other
fuel
associated with spent

hazards
management;

(vi) strive to avoid actions that impose reasonably predictable
than those

generations

impacts on future
permitted for the current generation;

greater

(vii) aim to avoid imposing undue burdens on future

generations.

Article 5

Existing facilities

take the appropriate steps to
Each Contracting Party shall
review the safety of any spent
facility
existing at the time the Convention enters into force for that
Contracting Party and to ensure
if necessary, all
reasonably practicable improvements are made to upgrade
the safety of such a facility.

fuel management

that,

(iv) to consult Contracting Parties in the vicinity of such a
insofar as they are likely to be affected by that
facility,
facility, and provide them, upon their
request, with
general data relating to the facility to enable them to
evaluate the likely safety impact of the facility upon their
territory.

In so doing, each Contracting Party shall take the appro-
2.
priate steps to ensure that such facilities shall not have unac-
ceptable effects on other Contracting Parties by being sited in
accordance with the general safety requirements of Article 4.

Article 7

Design and construction of facilities

Each Contracting Party shall
ensure that:

take the appropriate steps to

(i) the design and construction of a spent fuel management
facility provide for suitable measures to limit possible
impacts on individuals,
radiological
society and the
environment,
including those from discharges or uncon-
trolled releases;

(ii) at the design stage, conceptual plans and, as necessary,
technical provisions for the decommissioning of a spent
fuel management facility are taken into account;

(iii) the

in
technologies
fuel management
construction of a spent
supported by experience, testing or analysis.

incorporated

the

design

and
facility are

Article 6

Siting of proposed facilities

Article 8

1.
Each Contracting Party shall take the appropriate steps to
ensure that procedures are established and implemented for a
proposed spent fuel management facility:

Assessment of safety of facilities

Each Contracting Party shall
ensure that:

take the appropriate steps to

(i) to evaluate all relevant site-related factors likely to affect
the safety of such a facility during its operating lifetime;

(ii) to evaluate the likely safety impact of such a facility on

individuals, society and the environment;

safety

(i) before construction of a spent fuel management facility, a
systematic
an environmental
assessment appropriate to the hazard presented by the
facility and covering its operating lifetime shall be carried
out;

assessment

and

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(ii) before the operation of a spent fuel management facility,
updated and detailed versions of the safety assessment and
of the environmental assessment shall be prepared when
deemed necessary to complement the assessments referred
to in paragraph (i).

Article 9

Operation of facilities

Each Contracting Party shall
ensure that:

take the appropriate steps to

(i) the licence to operate a spent fuel management facility is
based upon appropriate assessments as specified in Article
8 and is conditional on the completion of a commis-
the facility, as
sioning programme demonstrating that
constructed,
safety
requirements;

consistent with design and

is

(ii) operational limits and conditions derived from tests, oper-
ational experience and the assessments, as specified in
Article 8, are defined and revised as necessary;

(iii) operation, maintenance, monitoring,

testing
conducted in accordance with established procedures;

fuel management

spent

of

a

inspection and
are
facility

(iv) engineering and technical support

in all safety-related
fields are available throughout the operating lifetime of
a spent fuel management facility;

(v) incidents significant to safety are reported in a timely
manner by the holder of the licence to the regulatory
body;

(vi) programmes to collect and analyse relevant operating
experience are established and that the results are acted
upon, where appropriate;

(vii) decommissioning plans

fuel management
facility are prepared and updated, as necessary, using
information obtained during the operating lifetime of
that facility, and are reviewed by the regulatory body.

for a spent

Article 10

Disposal of spent fuel

CHAPTER 3

SAFETY OF RADIOACTIVE WASTE MANAGEMENT

Article 11

General safety requirements

take the appropriate steps to
Each Contracting Party shall
ensure that at all stages of radioactive waste management indi-
viduals, society and the environment are adequately protected
against radiological and other hazards.

In so doing, each Contracting Party shall take the appropriate
steps to:

(i) ensure that criticality and removal of

residual heat
generated during radioactive waste management are
adequately addressed;

(ii) ensure that the generation of radioactive waste is kept to

the minimum practicable;

(iii) take into account interdependencies among the different

steps in radioactive waste management;

(iv) provide for effective protection of individuals, society and
the environment, by applying at the national level suitable
protective methods as approved by the regulatory body, in
the framework of its national
legislation which has due
regard to internationally endorsed criteria and standards;

(v) take into account

the biological, chemical and other
hazards that may be associated with radioactive waste
management;

(vi) strive to avoid actions that impose reasonably predictable
than those

generations

impacts on future
permitted for the current generation;

greater

(vii) aim to avoid imposing undue burdens on future

generations.

Article 12

Existing facilities and past practices

Each Contracting Party shall in due course take the appropriate
steps to review:

If, pursuant to its own legislative and regulatory framework, a
Contracting Party has designated spent fuel for disposal, the
disposal of such spent fuel shall be in accordance with the
obligations of Chapter 3 relating to the disposal of radioactive
waste.

(i) the safety of any radioactive waste management

facility
existing at the time the Convention enters into force for
that Contracting Party and to ensure that, if necessary, all
reasonably practicable improvements are made to upgrade
the safety of such a facility;

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(ii) the results of past practices in order to determine whether
radiation
any intervention is needed for
protection bearing
reduction in
in mind that
detriment resulting from the reduction in dose should be
sufficient to justify the harm and the costs, including the
social costs, of the intervention.

reasons of
the

(iii) at the design stage, technical provisions for the closure of a

disposal facility are prepared;

(iv) the

technologies

and
construction of a radioactive waste management facility
are supported by experience, testing or analysis.

incorporated

design

the

in

Article 13

Siting of proposed facilities

Article 15

Assessment of safety of facilities

1.
Each Contracting Party shall take the appropriate steps to
ensure that procedures are established and implemented for a
proposed radioactive waste management facility:

Each Contracting Party shall
ensure that:

take the appropriate steps to

(i) to evaluate all relevant site-related factors likely to affect
the safety of such a facility during its operating lifetime as
well as that of a disposal facility after closure;

(i) before construction of a radioactive waste management
facility, a systematic safety assessment and an environ-
mental assessment appropriate to the hazard presented
by the facility and covering its operating lifetime shall be
carried out;

(ii) to evaluate the likely safety impact of such a facility on
taking into
the site conditions of

individuals,
account possible evolution of
disposal facilities after closure;

society and the environment,

(iii) to make information on the safety of such a facility

available to members of the public;

(iv) to consult Contracting Parties in the vicinity of such a
insofar as they are likely to be affected by that
facility,
facility, and provide them, upon their
request, with
general data relating to the facility to enable them to
evaluate the likely safety impact of the facility upon their
territory.

2.
In so doing, each Contracting Party shall take the appro-
priate steps to ensure that such facilities shall not have unac-
ceptable effects on other Contracting Parties by being sited in
accordance with the general safety requirements of Article 11.

Article 14

Design and construction of facilities

Each Contracting Party shall
ensure that:

take the appropriate steps to

(i) the design and construction of a radioactive waste
to
management
limit possible radiological impacts on individuals, society
and the environment, including those from discharges or
uncontrolled releases;

facility provide for

suitable measures

(ii) at the design stage, conceptual plans and, as necessary,
technical provisions for the decommissioning of a radio-
active waste management facility other than a disposal
facility are taken into account;

(ii) in addition, before construction of a disposal facility, a
an environmental
systematic
assessment
the period following closure shall be
carried out and the results evaluated against the criteria
established by the regulatory body;

safety
for

assessment

and

(iii) before the operation of a radioactive waste management
the safety
facility, updated and detailed versions of
assessment and of the environmental assessment shall be
prepared when deemed necessary to complement
the
assessments referred to in paragraph (i).

Article 16

Operation of facilities

Each Contracting Party shall
ensure that:

take the appropriate steps to

is based upon appropriate

(i) the licence to operate a radioactive waste management
facility
as
specified in Article 15 and is conditional on the
completion of a commissioning programme demon-
strating that
is consistent
the facility, as constructed,
with design and safety requirements;

assessments

(ii) operational

limits and conditions, derived from tests,
operational experience and the assessments as specified
in Article 15 are defined and revised as necessary;

(iii) operation, maintenance, monitoring,

inspection and
testing of a radioactive waste management facility are
conducted in accordance with established procedures.
For a disposal facility the results thus obtained shall be
used to verify and to review the validity of assumptions
made and to update the assessments as specified in
Article 15 for the period after closure;

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(iv) engineering and technical support

in all safety-related
fields are available throughout the operating lifetime of
a radioactive waste management facility;

measures and other steps necessary for implementing its obli-
gations under this Convention.

(v) procedures for characterization and segregation of radio-

active waste are applied;

Article 19

Legislative and regulatory framework

(vi) incidents significant to safety are reported in a timely
manner by the holder of the licence to the regulatory
body;

Each Contracting Party shall establish and maintain a
1.
legislative and regulatory framework to govern the safety of
spent fuel and radioactive waste management.

(vii) programmes to collect and analyse relevant operating
experience are established and that the results are acted
upon, where appropriate

2.
for:

This legislative and regulatory framework shall provide

plans

radioactive waste
for
(viii) decommissioning
management
facility are
facility other than a disposal
prepared and updated, as necessary, using information
obtained during the operating lifetime of
facility,
and are reviewed by the regulatory body;

that

a

(ix) plans for the closure of a disposal facility are prepared
and updated, as necessary, using information obtained
facility and are
during the operating lifetime of
reviewed by the regulatory body.

that

(i) the

establishment

national
of
requirements and regulations for radiation safety;

applicable

safety

(ii) a system of licensing of spent fuel and radioactive waste

management activities;

(iii) a system of prohibition of the operation of a spent fuel or

radioactive waste management facility without a licence;

(iv) a system of appropriate institutional control, regulatory

inspection and documentation and reporting;

Article 17

Institutional measures after closure

of the licences;

(v) the enforcement of applicable regulations and of the terms

Each Contracting Party shall
ensure that after closure of a disposal facility:

take the appropriate steps to

(i) records of

the location, design and inventory of

that

facility required by the regulatory body are preserved;

(ii) active or passive institutional controls such as monitoring
or access restrictions are carried out, if required; and

(iii) if, during any period of active institutional control, an
unplanned release of
into the
environment is detected, intervention measures are imple-
mented, if necessary.

radioactive materials

CHAPTER 4

GENERAL SAFETY PROVISIONS

Article 18

Implementing measures

Each Contracting Party shall take, within the framework of its
regulatory and administrative
national

the legislative,

law,

(vi) a clear allocation of responsibilities of the bodies involved
in the different steps of spent fuel and of radioactive waste
management.

3. When considering whether
radioactive
materials as radioactive waste, Contracting Parties shall take
due account of the objectives of this Convention.

to regulate

Article 20

Regulatory body

1.
Each Contracting Party shall establish or designate a regu-
latory body entrusted with the implementation of the legis-
lative and regulatory framework referred to in Article 19,
and provided with adequate
and
financial and human resources to fulfill its assigned responsi-
bilities.

competence

authority,

Each Contracting Party, in accordance with its legislative
2.
and regulatory framework, shall take the appropriate steps to
ensure the effective independence of the regulatory functions
from other functions where organizations are involved in both
spent fuel or radioactive waste management and in their regu-
lation.

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Article 21

achievable, economic and social factors being taken into
account;

Responsibility of the licence holder

the safety of

Each Contracting Party shall ensure that prime responsi-
1.
bility for
radioactive waste
spent
management rests with the holder of the relevant licence and
shall take the appropriate steps to ensure that each such licence
holder meets its responsibility.

fuel or

If there is no such licence holder or other responsible
2.
party,
the responsibility rests with the Contracting Party
which has jurisdiction over the spent fuel or over the radio-
active waste.

Article 22

Human and financial resources

Each Contracting Party shall
ensure that:

take the appropriate steps to

(i) qualified staff are available as needed for safety-related
activities during the operating lifetime of a spent
fuel
and a radioactive waste management facility;

(ii) adequate financial resources are available to support the
fuel and radioactive waste
safety of
management during their operating lifetime and for
decommissioning;

facilities for spent

(iii) financial provision is made which will enable the appro-
priate institutional controls and monitoring arrangements
to be continued for the period deemed necessary following
the closure of a disposal facility.

Article 23

Quality assurance

(ii) no individual shall be exposed,

in normal situations, to
radiation doses which exceed national prescriptions for
dose limitation which have due regard to internationally
endorsed standards on radiation protection; and

(iii) measures are taken to prevent unplanned and uncontrolled
releases of radioactive materials into the environment.

Each Contracting Party shall take appropriate steps to

2.
ensure that discharges shall be limited:

(i) to keep exposure to radiation as

reasonably
achievable, economic and social factors being taken into
account; and

low as

(ii) so that no individual shall be exposed, in normal situations,
to radiation doses which exceed national prescriptions for
dose limitation which have due regard to internationally
endorsed standards on radiation protection.

Each Contracting Party shall take appropriate steps to
3.
ensure that during the operating lifetime of a regulated
nuclear facility, in the event that an unplanned or uncontrolled
release of radioactive materials into the environment occurs,
appropriate corrective measures are implemented to control
the release and mitigate its effects.

Article 25

Emergency preparedness

Each Contracting Party shall ensure that before and
1.
radioactive waste
during operation of a spent
management
if
necessary, off-site emergency plans. Such emergency plans
should be tested at an appropriate frequency

facility there are appropriate on-site and,

fuel or

Each Contracting Party shall take the necessary steps to ensure
that appropriate quality assurance programmes concerning the
safety of spent fuel and radioactive waste management are
established and implemented.

2.
Each Contracting Party shall take the appropriate steps
for the preparation and testing of emergency plans for its
territory insofar as it is likely to be affected in the event of a
radiological emergency at a spent fuel or radioactive waste
management facility in the vicinity of its territory.

Article 24

Operational radiation protection

Article 26

Decommissioning

1.
Each Contracting Party shall take the appropriate steps to
ensure that during the operating lifetime of a spent fuel or
radioactive waste management facility:

Each Contracting Party shall
take the appropriate steps to
ensure the safety of decommissioning of a nuclear facility.
Such steps shall ensure that:

(i) the radiation exposure of

the workers and the public
caused by the facility shall be kept as low as reasonably

(i) qualified staff

and adequate

financial

resources

are

available;

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(ii) the provisions of Article 24 with respect to operational
radiation protection, discharges and unplanned and uncon-
trolled releases are applied;

(iii) the provisions of Article 25 with respect to emergency

preparedness are applied; and

(iv) records of information important to decommissioning are

kept.

CHAPTER 5

MISCELLANEOUS PROVISIONS

Article 27

Transboundary movement

Party

Each Contracting

involved in transboundary
1.
take the appropriate steps to ensure that
movement shall
such movement is undertaken in a manner consistent with
the provisions of this Convention and relevant binding inter-
national instruments.

In so doing:

(i) a Contracting Party which is a State of origin shall take the
appropriate steps to ensure that transboundary movement
is authorized and takes place only with the prior notifi-
cation and consent of the State of destination;

(ii) transboundary movement through States of transit shall be
international obligations which are

subject
relevant to the particular modes of transport utilized;

to those

(iii) a Contracting Party which is a State of destination shall
consent to a transboundary movement only if it has the
administrative and technical capacity, as well as the regu-
latory structure, needed to manage the spent fuel or the
consistent with this
radioactive waste
Convention

in a manner

(iv) a Contracting Party which is a State of origin shall
it can
authorize a transboundary movement only if
satisfy itself in accordance with the consent of the State
of destination that the requirements of subparagraph (iii)
are met prior to transboundary movement;

(v) a Contracting Party which is a State of origin shall take the
appropriate steps to permit re-entry into its territory, if a
transboundary movement is not or cannot be completed in
conformity with this Article, unless an alternative safe
arrangement can be made.

3.

Nothing in this Convention prejudices or affects

(i) the exercise, by ships and aircraft of all States, of maritime,
river and air navigation rights and freedoms, as provided
for in international law;

(ii) rights of a Contracting Party to which radioactive waste is
exported for processing to return, or provide for the return
of,
after
treatment to the State of origin;

and other products

radioactive waste

the

(iii) the right of a Contracting Party to export its spent fuel for

reprocessing;

(iv) rights of a Contracting Party to which spent

is
exported for reprocessing to return, or provide for the
return of, radioactive waste and other products resulting
from reprocessing operations to the State of origin.

fuel

Article 28

Disused sealed sources

Each Contracting Party shall,

1.
national
possession,
sources takes place in a safe manner.

its
law, take the appropriate steps to ensure that the
remanufacturing or disposal of disused sealed

in the framework of

A Contracting Party shall allow for

reentry into its
2.
territory of disused sealed sources if, in the framework of its
national law, it has accepted that they be returned to a manu-
facturer qualified to receive and possess the disused sealed
sources.

CHAPTER 6

MEETINGS OF THE CONTRACTING PARTIES

Article 29

Preparatory meeting

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 meeting, the Contracting Parties shall:

A Contracting Party shall not licence the shipment of its
fuel or radioactive waste to a destination south of

2.
spent
latitude 60 degrees South for storage or disposal.

(i) determine the date for the first review meeting as referred
to in Article 30. 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;

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(ii) prepare and adopt by consensus Rules of Procedure and

Financial Rules;

(iii) establish in particular and in accordance with the Rules of

Procedure:

(a) guidelines regarding the form and structure of

the
national reports to be submitted pursuant to Article
32;

(b) a date for the submission of such reports;

(c)

the process for reviewing such reports.

Contracting Parties and notification having been received
by the secretariat referred to in Article 37 that the request
has been supported by a majority of
the Contracting
Parties.

Article 32

Reporting

In accordance with the provisions of Article 30, each
1.
to each
Contracting Party shall submit a national
review meeting of Contracting Parties. This
shall
address the measures taken to implement each of the obli-
gations of
the Convention. For each Contracting Party the
report shall also address its:

report

report

3.
Any State or regional organization of an integration or
other nature which ratifies, accepts, approves, accedes to or
confirms this Convention and for which the Convention is
not yet in force, may attend the preparatory meeting as if it
were a Party to this Convention.

(i) spent fuel management policy;

(ii) spent fuel management practices;

Article 30

Review meetings

(iii) radioactive waste management policy;

(iv) radioactive waste management practices;

The Contracting Parties

reviewing the reports

shall hold meetings

for
submitted pursuant

1.
purpose of
Article 32.

the
to

(v) criteria used to define and categorize radioactive waste.

2.

This report shall also include:

2.

At each review meeting the Contracting Parties:

(i) shall determine the date for the next such meeting, the
interval between review meetings not exceeding three years;

(ii) may review the arrangements established pursuant

to
paragraph 2 of Article 29, and adopt
revisions by
consensus unless otherwise provided for in the Rules of
Procedure. They may also amend the Rules of Procedure
and Financial Rules by consensus.

At each review meeting each Contracting Party shall have
3.
a reasonable opportunity to discuss the reports submitted by
other Contracting Parties and to seek clarification of such
reports.

(i) a list of the spent fuel management facilities subject to this
their location, main purpose and essential

Convention,
features;

(ii) an inventory of

that

spent

to this
fuel
Convention and that is being held in storage and of that
which has been disposed of. This inventory shall contain a
give
description of
information on its mass and its total activity;

the material

available,

subject

and,

is

if

(iii) a list of the radioactive waste management facilities subject
their location, main purpose and

to this Convention,
essential features;

(iv) an inventory of radioactive waste that is subject to this

Convention that:

Article 31

Extraordinary meetings

(a)

is being held
management and nuclear fuel cycle facilities;

in storage

at

radioactive waste

An extraordinary meeting of the Contracting Parties shall be
held:

(b) has been disposed of; or

(i) if so agreed by a majority of the Contracting Parties present

(c) has resulted from past practices.

and voting at a meeting; or

(ii) at the written request of a Contracting Party, within six
months of this request having been communicated to the

This inventory shall contain a description of the material
and other appropriate information available,
such as
volume or mass, activity and specific radionuclides;

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(v) a list of nuclear facilities in the process of being decom-
missioned and the status of decommissioning activities at
those facilities.

Article 33

Attendance

1.
the
Each Contracting Party shall attend meetings of
Contracting Parties and be represented at such meetings by
one delegate, and by such alternates, experts and advisers as
it deems necessary.

2.
The Contracting Parties may invite, by consensus, any
intergovernmental organization which is competent in respect
of matters governed by this Convention to attend, as an
observer, any meeting, or specific sessions thereof. Observers
shall be required to accept in writing, and in advance, the
provisions of Article 36.

Article 34

Summary reports

The Contracting Parties shall adopt, by consensus, and make
available to the public a document addressing issues discussed
and conclusions reached during meetings of the Contracting
Parties.

this article,

(cid:145)information(cid:146)

laws to protect information from disclosure. For the purposes
of
information
relating to national security or to the physical protection of
nuclear materials,
intellectual
property rights or by industrial or commercial confidentiality,
and personal data.

information protected

inter alia,

includes,

by

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.

to information relating to spent

3. With respect
fuel or
radioactive waste falling within the scope of this Convention
by virtue of paragraph 3 of Article 3, the provisions of this
the
Convention shall not affect
Contracting Party concerned to decide:

the exclusive discretion of

(i) whether

such information is

classified or otherwise

controlled to preclude release;

(ii) whether

to

provide

in
sub-paragraph (i) above in the context of the Convention;
and

information

referred

to

(iii) what conditions of confidentiality are attached to such
this

is provided in the context of

it

information if
Convention.

Article 35

Languages

The content of the debates during the reviewing of the
to

4.
national reports at each review meeting held pursuant
Article 30 shall be confidential.

1.
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.

Reports

language of

in the national

submitted pursuant

to Article 32 shall be
2.
prepared
submitting
Contracting Party or in a single designated language to be
agreed in the Rules of Procedure. Should the report be
language other than the designated
submitted in a national
language, a translation of
into the designated
language shall be provided by the Contracting Party.

the report

the

3.
Notwithstanding the provisions of paragraph 2, the secre-
tariat, if compensated, will assume the translation of reports
the meeting into the
submitted in any other language of
designated language.

Article 37

Secretariat

The International Atomic Energy Agency,

(hereinafter
1.
referred to as (cid:145)the Agency(cid:146)) shall provide the secretariat for
the meetings of the Contracting Parties.

2.

The secretariat shall:

(i) convene, prepare

the
Contracting Parties referred to in Articles 29, 30 and 31;

the meetings of

and service

Article 36

Confidentiality

1.
The provisions of this Convention shall not affect the
rights and obligations of the Contracting Parties under their

(ii) transmit to the Contracting Parties information received or
prepared in accordance with the provisions of
this
Convention.

The costs incurred by the Agency in carrying out the functions
referred to in sub-paragraphs (i) and (ii) above shall be borne
by the Agency as part of its regular budget.

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The Contracting Parties may, by consensus, request the
3.
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.

referred to in Article 43, a declaration indicating
which States are members thereof, which Articles of
this Convention apply to it, and the extent of
its
competence in the field covered by those articles.

(iv) Such an organization shall not hold any vote additional

to those of its Member States.

CHAPTER 7

FINAL CLAUSES AND OTHER PROVISIONS

Article 38

Resolution of disagreements

In the event of a disagreement between two or more
Contracting Parties concerning the interpretation or application
of this Convention, the Contracting Parties shall consult within
the framework of a meeting of the Contracting Parties with a
the
view to resolving the disagreement.
consultations prove unproductive, recourse can be made to
arbitration mechanisms
conciliation and
the mediation,
provided for in international
including the rules and
law,
practices prevailing within the IAEA.

In the event

that

Article 39

Signature, ratification, acceptance, approval, accession

This Convention shall be open for signature by all States
from

1.
at
29 September 1997 until its entry into force.

the Headquarters of

the Agency

in Vienna

Instruments

5.
accession or
Depositary.

of

approval,
confirmation shall be deposited with the

ratification,

acceptance,

Article 40

Entry into force

This Convention shall enter into force on the ninetieth
1.
the
day after the date of deposit with the Depositary of
acceptance
twenty-fifth
or
of
approval,
fifteen States each
having an operational nuclear power plant.

including the instruments of

ratification,

instrument

2.
For each State or regional organization of an integration
or other nature which ratifies, accepts, approves, accedes to or
confirms this Convention after the date of deposit of the last
forth in
instrument required to satisfy the conditions set
paragraph 1, this Convention shall enter into force on the
ninetieth day after the date of deposit with the Depositary of
the appropriate instrument by such a State or organization.

This Convention is subject to ratification, acceptance or

2.
approval by the signatory States.

Article 41

Amendments to the convention

After its entry into force, this Convention shall be open

3.
for accession by all States.

1.
Any Contracting Party may propose an amendment to
this Convention. Proposed amendments shall be considered at
a review meeting or at an extraordinary meeting.

4.

(i) This Convention shall be open for signature subject to
confirmation, 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.

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 at least ninety days
before the meeting for which it is submitted for consideration.
Any comments received on such a proposal shall be circulated
by the Depositary to the Contracting Parties.

(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.

(iii) When becoming party to this Convention, such an
organization shall communicate to the Depositary

3.
The Contracting Parties shall decide after consideration of
the proposed amendment whether to adopt it by consensus, or,
in the absence of consensus, 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
meeting, provided that at least one half of the Contracting
Parties are present at the time of voting.

the Contracting Parties present and voting at

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The Diplomatic Conference

to consider and adopt
4.
amendments to this Convention shall be convened by the
Depositary and held no later than one year after the appro-
priate decision taken in accordance with paragraph 3 of this
article. The Diplomatic Conference shall make every effort to
ensure amendments are adopted by consensus. Should this not
be possible, amendments shall be adopted with a two-thirds
majority of all Contracting Parties.

Article 43

Depositary

The Director General of

1.
Depositary of this Convention.

the Agency shall be the

2.

The Depositary shall inform the Contracting Parties of:

Amendments to this Convention adopted pursuant

to
5.
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
which have ratified, accepted, approved or confirmed them on
the ninetieth day after the receipt by the Depositary of the
relevant instruments of at least two thirds of the Contracting
Parties. For a Contracting Party which subsequently ratifies,
accepts, approves or confirms
the
amendments will enter into force on the ninetieth day after
that Contracting Party has deposited its relevant instrument.

the said amendments,

Article 42

Denunciation

Any Contracting Party may denounce this Convention by

1.
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.

(i) the signature of this Convention and of the deposit of
instruments
approval,
accession or confirmation in accordance with Article 39;

acceptance,

ratification,

of

(ii) the date on which the Convention enters into force,

in

accordance with Article 40;

(iii) the notifications of denunciation of the Convention and
the date thereof, made in accordance with Article 42;

(iv) the proposed amendments to this Convention submitted
by 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 41.

Article 44

Authentic texts

The original of this Convention of which the Arabic, Chinese,
English,
equally
authentic, shall be deposited with the Depositary, who shall
send certified copies thereof to the Contracting Parties.

French, Russian and Spanish texts

are

In witness whereof the undersigned, being duly authorized to that effect, have signed this Convention.

Done at Vienna on the fifth day of September, one thousand nine hundred and ninety-seven.