Source: EURLEX
Language: en
Format: md

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COMMISSION OF THE EUROPEAN COMMUNITIES

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**C0M(94) 362 f i n a l**
**Brussels,** **08.09.1994**

Proposal for a

COUNCIL DECISION

**CONCERNING THE APPROVAL OF THE**

**CONCLUSION BY THE EUROPEAN ATOMIC ENERGY COMMUNITY OF THE**

**NUCLEAR SAFETY CONVENTION**

(presented by the Commission)

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         EXPLANATORY MEMORANDUM

INTRODUCTION

,In 1991 the Commission and the Member States played a major

role in the preparation, proceedings and drawing up of

conclusions of the "International Conference on the Safety

of Nuclear Power: Strategies for the Future" held from 2 to

6 September 1991 in Vienna, under the auspices of the

International Atomic Energy Agency (IAEA).

In its "Major Findings", the International Conference

declared that there was "a need to consider an integrated

international approach to all aspects of nuclear safety" and

referred to "the potential value of a step-by-step approach"

to a framework convention on nuclear safety. It requested

"the Governing Bodies of the IAEA" to organize "the

preparation of a proposal on the necessary elements of such

a formalized international approach, examining the merits of

various options and taking into account the activities and

roles of relevant international and intergovernmental bodies

and using the guidance and mechanisms already established in

the IAEA."

Pursuant to a resolution of the IAEA General Conference

adopted soon afterwards and to the advice given by a group

of experts, the IAEA convened the first meeting in May 1992

of an open-ended group of legal and technical.experts whose

task was to prepare the text of a draft nuclear safety

convention. The group met seven times with the full

participation of Commission representatives. The final

meeting was held from 31 January to 4 February 1994.

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4. In September 1993 the Commission put forward a proposal for

   a Council decision adopting directives for the negotiation

   by the Commission of an international convention on nuclear
   safety [1 ]

5. At its meeting on 27 January 1994, the Permanent

   Representatives Committee agreed that a spokesman of the

   European Union at the meeting of the group of experts in

   Vienna should propose a formula which would allow the

   European Atomic Energy Community (EAEC) to sign, accept or

   approve the convention, or to accede to it, if it so

   desired.

6. The group of experts, at the above mentioned meeting of

   31 January-4 February 1994 agreed by consensus on the final

   text of a Draft Nuclear Safety Convention. As proposed by

   the experts of the Greek presidency, the text contains a

   clause providing for the signature or accession by regional

   organizations of an integration or other nature (Article 30

   of the Draft Convention).

7. The IAEA will convene a diplomatic conference from 14 to

   17 June 1994 in Vienna to consider and formally adopt the

   nuclear safety convention. The convention will then be

   open for signature at the thirty eighth regular session of

   the IAEA General Conference in September 1994 and will

   remain open for signature until its entry into force.

8. The Commission considers that the Nuclear Safety Convention

   is compatible with the provisions of the Euratom Treaty and

   with the legislation derived from it. However, for the

   reasons set out below, this compatibility can only be

   ensured in future if the Community becomes party to the

    SEC(93)1465 final

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```
   convention along with its member states that so desire.

   It is therefore proposed that the Community signs the

   convention, with a view to becoming party to it.

II THE NUCLEAR SAFETY CONVENTION

9. The objectivée of the convention are, in the terms of its

   Article 1:

   i) to achieve and maintain a high level of nuclear

      safety worldwide through national measures and

       international cooperation;

   ii) to establish and maintain effective defence in

      nuclear installations against potential radiological

       hazards in order to protect individuals, society and

       the environment from harmful effects of ionizing

       radiation from such installations;

  iii) to prevent accidents with radiological consequences

       and to mitigate such consequences should they occur.

10. In order to realise these objectives, the convention

   provides in its Chapter 2 for a series of obligations

   including (Article 7) that the Contracting Parties

   establish and maintain a legislative and regulatory

   framework to govern the safety of nuclear installations.

11. Specific provisions are foreseen in particular for:

   Reporting (Article 5)

   Assessment and Verification of Safety (Article 14)

   Radiation Protection (Article 15)

   Emergency Preparedness (Article 16)

   Siting (Article 17)

   Design and Construction (Article 18)

   Operation (Article 19)

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   The obligations set out in Chapter 2 of the convention are

   preceded by general provisions (Chapter 1) and complemented

   by procedural and institutional arrangements on the

   meetings of the Contracting Parties (Chapter 3) and Final

   Clauses and Other Provisions (Chapter 4).

Ill PROVISIONS OF THE CONVENTION CONCERNING MATTERS WITHIN THE

   PURVIEW OF THE EAEC TREATY

12. The convention concerns in various ways matters within the

   purview of the EAEC Treaty. The competence and jurisdiction

   which the Community exercises are concerned in the

   following ways:

  a) Exclusive Community competence under Articles 30 to 32

    of the EAEC Treaty

13. Pursuant to Article 4 of the convention the Contracting

    Parties shall take, within the framework of their

    national law, regulatory and administrative measures

    necessary to implement their obligations under the

    convention. By virtue of Article 15, this includes in

    particular that each Contracting Party shall take the

    appropriate steps to ensure that in all operational

    states the radiation exposure to the workers and the

    public caused by a nuclear installation shall be kept as

    low as reasonably achievable and no individual shall be

    exposed to radiation doses which exceed prescribed

    national dose limits.

14. Within the territory to which the EAEC Treaty applies

     (cf. its Article 198) these legislative and regulatory

    tasks are exercised by the Community which shall, in the

    terms of Article 2 (b) of the EAEC Treaty, "establish

    uniform safety standards to protect the health of workers

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     and of the general public and ensure that they are

     applied". To this end Article 30 of the EAEC Treaty

     provides more specifically:

     "Basic Standards shall be laid down within the Community

     for the protection of the health of workers and the

     general public against the dangers arising from ionizing

     radiations.

     The expression 'Basic Standards' means:

     (a) maximum permissible doses compatible with adequate

         safety;

     (b) maximum permissible levels of exposure and

         contamination;

     (c) the fundamental principles governing the health

         surveillance of workers."

15. The Basic Standards which are at present in force in the

     Community are laid down in Council Directive of 15 July

     1980 amending the Directives laying down Basic Safety

     Standards for the Health Protection of the General Public

     and Workers Against the Dangers of Ionizing Radiation

      (80/836/Euratom) [2], as amended by Council Directive

     84/467/Euratom of 3 September 1984 [3] . These Directives

     are complemented by further relevant Community

     legislation in the field of health and safety [4] .

     ON° L 246 of 17.9.1980, p. 1

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O n ' L 265 of 5.10.1984, p. 4; on 20 July 1993, the Commission submitted to the Council a
revised proposal for a directive laying down the Basic Safety Standards for radiation protection (O
n"C 245 of 9.9.1993, p. 5)

Council Directive 84/466/Euratom of 3.9.1984 laying down basic measures for the radiation
protection of persons undergoing medical examination or treatment (O N" L 265, 5.10.1984, p. 1).

**Council Decision 87/600/Euratom of 14.12.1987 on Community arrangements for the early**
**exchange of information in the event of a radiological emergency** **(O** **N*** **L** **371,30.12.1987,** **p. 76).**

**Council Directive** **89/618/Euratom** **of** **27.11.1989** **on informing the general public about health**
**protection measures to be applied and steps to be taken in the event of** **a** **radiological emergency**
**(ON*L357,** **7.12.1989, p. 31).**

**Council Directive** **90/641/Euratom** **of** **4.12.1990** **on the operational protection of outside workers**
**exposed to the risk of ionizing radiation during their activities in controlled areas (0** **N°** **L 349,**
**13.12.1990, p. 21).**

**Council Directive 92/3/Euratom of 3.2.1992 on the supervision and control of shipments of**
**radioactive waste between Member States and into and out of the Community** **(O N°** **L 35,**
**12.2.1992).**

**Council Regulation 87/3954/Euratom of 22.12.1987 laying down maximum permitted** **levels** **of**
**radioactive contamination of foodstuffs and of feedingstuffs following a nuclear accident or any**
**other case of radiological emergency** **(O** **N"** **L 371,** **31.12.1987,** **p.** **11).**

**Commission Regulation** **89/944/Euratom** **of** **12** **April** **1989,** **laying down maximum permitted levels**
**of radioactive contamination in minor foodstuffs following a nuclear accident or any other case of**
**radiological emergency** **(O** **N'** **L** **101,** **13.4.1989,** **p.** **17).**

**Council Regulation** **89/2218/Euratom** **of 18.7.1989 amending Regulation 87/3954/Euratom laying**
**down maximum permitted levels of radioactive contamination of foodstuffs and of feedingstuffs**
**following a nuclear accident or any other case of radiological emergency** **(O** **N"** **L** **211,** **22.7.1989,**

**P-** **O-**

**Council Regulation** **89/2219/EEC** **of** **18.7.1989** **on the special conditions for exporting foodstuffs**
**and feedingstuffs following a nuclear accident or any other case of radiological emergency** **(O N°**
**L** **211, 22.7.1989, p. 4).**

**Council Regulation** **90/737/EEC** **of 22 March 1990 on the conditions governing imports of**
**agricultural products originating in third countries following the accident at the Chernobyl nuclear**
**power station** **(O** **N*** **L 82,** **29.3.1990,** **p. 1).**

**Commission Regulation** **90/770/Euratom** **of 29** **March** **1990 laying down maximum permitted levels**
**of radioactive contamination of feedingstuffs following a nuclear accident or any other case of**
**radiological emergency** **(O** **N'** **L 83, 30.3.1990, p. 78).**

**Council Regulation** **1493/93/Euratom** **of 8 June 1993 on shipment of radioactive substances**
**between Member States** **(O** **N*** **L 148, 19.6.1993, p. 1).**

**Commission Regulation** **1518/93/Euratom** **of 21 June 1993 (replacing Council Regulation**
**92/598/EEC of 9 March 1992) establishing a list of products excluded from the application of**
**Council Regulation 90/737/EEC on the conditions governing imports of agricultural products**
**originating in third countries following the accident at the Chernobyl nuclear power station** **(O** **N"**
**L 150, 22.6.1993, p. 30).**

**Council Directive 85/337/EEC on the assessment of the effect of certain public and private projects**
**on the environment** **(O.J.** **L 175, 5.7.1985, p. 40); this Directive although based on the** **EEC** **Treaty**
**explicitly apllies, inter alia, to nuclear power stations.**

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b) Concurrent Community competences under the EAEC Treaty

16. The exclusive competences of the Community under

    Articles 30 to 32 of the EAEC Treaty are supplemented by

    a number of non-exclusive Community responsibilities

    which are intended to give effect to the Basic Standards

    and their application in the Community. These

    responsibilities, which are set out in Articles 33 to 38

    of the EAEC Treaty are to be exercised at Community level

    and relate to the following subject matters covered by

    the convention.

17. While it is for the Member States under Article 33 of the

    EAEC Treaty to lay down the appropriate provisions, to

    ensure compliance with the Basic Standards and to take

    the necessary measures with regard to teaching, education

    and vocational training, it is for the Commission to make

    appropriate recommendations for harmonizing these

    provisions and for issuing recommendations on any draft

    provisions in this field.

    As regards the application of Article 4 of the

    convention, the Commission is therefore involved in any

    relevant legislative and regulatory measures taken by the

    Member States to give the convention full and complete

     effect.

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18. Article 37 of the EAEC Treaty requires the Commission to

    issue an opinion determining whether or not the

    implementation of plans for the disposal of radioactive

    waste "is liable to result in the radioactive

    contamination of the water, soil or airspace of another

    Member State". To the extent that the measures

    contemplated by the convention in the fields of safety

    assessment (Article 14) emergency preparedness

    (Article 16) and the operation of nuclear installations

    (Article 19) relate to waste disposal within the meaning

    of Article 37 of the AEAC Treaty, the responsibilities

    of the Commission are clearly concerned.

19. Under Articles 35 and 36 of the EAEC Treaty the

    Commission has certain control and monitoring

    responsibilities which allow it, inter alia, to exercise

    its comptences under Article 38. Pursuant to this

    provision the Commission shall make recommendations to

    the Member States with regard to the level of

    radioactivity in the air, water and soil. Moreover, the

    Commission has far-reaching competences in cases of

    emergency as in such cases not only do the Member States

    have the task of ensuring compliance with the Basic

    Standards (cf. Article 33) but also the Commission. To

    the extent therefore that the draft convention applies

    also in emergency situations, as it does (cf. p.ex.

    Article 16), the participation of the Community is

    necessary.

20. In the light of the foregoing the Commission considers

    that it is in the interests of the Community to conclude

    the convention as far as the outcome of the negotiations

     foreseen for 14-17 June 1994 is fair and appropriate for

     the Community.

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21. The Commission now submits the text of the convention

    (Annex 1) so that the Council may approve its conclusion

    by the Commission (Annex 2) according to the procedure

    of Article 101 (2) of the EAEC Treaty.

    By virtue of Article 102 of the EAEC Treaty the

    conclusion of the convention shall not be declared by the

    Commission for the Community until the Commission has

    been notified by all the Member States concerned that the

    convention has become applicable to them.

    In accordance with Article 30 (4) (iii) of the

    convention, the Commission will, at the same time, make

    a declaration, as set out in Annex 3 indicating which

    States are members of the European Atomic Energy

    Community and which articles of the convention apply to

    it.

                 10

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                                       ANNEX 1

         DRAFT NUCLEAR SAFETY CONVENTION

PREAMBLE

THE CONTRACTING PARTIES

(i) Aware of the importance to the international community
     of ensuring that the use of nuclear energy is safe,
     well regulated and environmentally sound;

(ii) Reaffirming the necessity of continuing to promote a
     high level of nuclear safety worldwide;

(iii) Reaffirming that responsibility for nuclear safety
     rests with the State where a nuclear installation is

     located;

(iv) Desiring to promote an effective nuclear safety
     culture;

(v) Aware that accidents at nuclear installations have the
     potential for trans-boundary impacts;

(vi) Keeping in mind the Convention on the Physical
     Protection of Nuclear Material (1979), the Convention
     on Early Notification of a Nuclear Accident (1986),
     and the Convention on Assistance in the Case of a
     Nuclear Accident or Radiological Emergency (1986) ;

(vii) Affirming the importance of international cooperation
     for the enhancement of nuclear safety by the use of
     existing bilateral and multilateral mechanisms and the
     establishment of this incentive Convention;

(viii) Recognizing that this Convention entails a commitment
     to the application of fundamental safety principles
     rather than detailed safety standards and that there
     are internationally formulated safety guidelines which
     are updated from time to time and so can provide
     guidance on contemporary means of achieving a high
     level of safety;

(ix) Affirming the need to begin promptly the development
     of an international convention on the safety of
     radioactive waste management as soon as the ongoing
     process to develop waste management safety
     fundamentals has resulted in broad international
     agreement ;

(x) Recognizing the usefulness of further technical work
     in connection with the safety of other parts of the
     nuclear fuel cycle, and that this work may, in time,
     facilitate the development of current or future
     international instruments;

HAVE AGREED as follows:

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_**M**_

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CHAPTER 1. OBJECTIVES, DEFINITIONS AND SCOPE

ARTICLE 1. OBJECTIVES

     The objectives of this Convention are:

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(i)

(ii)

(iii)

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to achieve and maintain a high level of nuclear safety
worldwide through national measures and international
co-operation;

to establish and maintain effective defences in
nuclear installations against potential radiological
hazards in order to protect individuals, society and
the environment from harmful effects of ionizing
radiation from such installations;

to prevent accidents with radiological consequences
and to mitigate such consequences should they occur.

```

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ARTICLE 2. DEFINITIONS

     For the purpose of this Convention:

(i) "nuclear installation" means for each Contracting Party
    any land based civil nuclear power plant under its
    jurisdiction including such storage, handling and
    treatment facilities for radioactive materials as are
    on the same site and are directly related to the
    operation of the nuclear power plant. Such a plant
    ceases to be a nuclear installation when all nuclear

    fuel elements have been removed permanently from the
    reactor core and have been stored safely in accordance
    with approved procedures, and a decommissioning
    programme has been agreed to by the regulatory body.

(ii) "licence" means any authorization granted by the
    regulatory body to the applicant to have the overall
    responsibility for the siting, design, construction,
    commissioning or operation of a nuclear installation.

(iii) "regulatory body" means for each Contracting Party any
    body or bodies given the légal authority by that
    Contracting Party to grant licences and to regulate the
    siting,design, construction, commissioning, operation
    or decommissioning of nuclear installations.

ARTICLE 3. SCOPE OF APPLICATION

   The provisions of this Convention shall apply to the
safety of nuclear installations.

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_**AQ.**_

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CHAPTER 2. OBLIGATIONS

      (a) General Provisions

ARTICLE 4. IMPLEMENTING MEASURES

   Each Contracting Party shall take, within the framework
of its national law, the legislative, regulatory and
administrative measures and other steps necessary to implement
its obligations under this Convention.

ARTICLE 5. REPORTING

   Each Contracting Party shall submit for review, prior to
each meeting referred to in Article 20, a report on the
measures it has taken to implement each of the obligations of
this Convention.

ARTICLE 6. EXISTING NUCLEAR INSTALLATIONS

   Each Contracting Party shall take the appropriate steps
to ensure that the safety of nuclear installations existing at
the time the Convention enters into force for that Contracting
Party is reviewed as soon as possible. When necessary in the
context of this Convention, the Contracting Party shall ensure
that all reasonably practicable improvements are made as a
matter of urgency to upgrade the safety of the installation.
If such upgrading cannot be achieved, plans should be
implemented to shut down the installation as soon as
practically possible. The timing of the shut-down may take
into account the whole energy context and possible
alternatives as well as the social, environmental and economic
impact.

      (b) Legislation and regulation

ARTICLE 7. LEGISLATIVE AND REGULATORY FRAMEWORK

1. Each Contracting Party shall establish and maintain a
legislative and regulatory framework to govern the safety of
nuclear installations.

2. The legislative and regulatory framework shall provide
for:
   (i) the establishment of applicable national safety
      requirements and regulations;

   (ii) a system of licensing with regard to nuclear
      installations and the prohibition of the operation
      of a nuclear installation without a licence;

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   (iii) a system of regulatory inspection and assessment of
      nuclear installations to ascertain compliance with
      applicable regulations and the terms of any
      licence;

   (iv) enforcement of applicable regulations and of the
      terms of any licence, including suspension,
      modification or revocation.

ARTICLE 8. REGULATORY BODY

1. Each Contracting Party shall establish or designate a
regulatory body entrusted with the implementation of the
legislative and regulatory framework established in accordance
with Article 7,and provided with adequate authority,
competence and financial and human resources to fulfill its
assigned responsibilities.

2. Each Contracting Party shall take the appropriate steps
to ensure an effective separation between the functions of the
regulatory body and those of any other body or organization
concerned with the promotion or utilization of nuclear energy.

ARTICLE 9. RESPONSIBILITY OF THE LICENCE HOLDER

   Each Contracting Party shall ensure that prime
responsibility for the safety of a nuclear installation rests
with the holder of the relevant licence and shall take the
appropriate steps to ensure that each such licence holder
meets its responsibility.

      (c) General Safety Considerations

ARTICLE 10. PRIORITY TO SAFETY

   Each Contracting Party shall take the appropriate steps
to ensure that all organizations engaged in activities
directly related to nuclear installations shall establish
policies that give due priority to nuclear safety.

ARTICLE 11. FINANCIAL AND HUMAN RESOURCES

1. Each Contracting Party shall take the appropriate steps
to ensure that adequate financial resources are available to
support the safety of each nuclear installation throughout its
life.

2. Each Contracting Party shall take the appropriate steps
to ensure that for all safety related activities in or for
each nuclear installation throughout its life sufficient
numbers of qualified staff with appropriate education,
training and retraining are available.

                    yiM

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ARTICLE 12. HUMAN FACTORS

   Each Contracting Party shall take the appropriate steps
to ensure that the capabilities and limitations of human
performance are taken into account throughout the life of a
nuclear installation.

ARTICLE 13. QUALITY ASSURANCE

   Each Contracting Party shall take the appropriate steps
to ensure that quality assurance programmes are established
and implemented with a view to providing confidence that
specified requirements for all activities important to nuclear
safety are satisfied throughout the life of a nuclear
installation.

ARTICLE 14. ASSESSMENT AND VERIFICATION OF SAFETY

   Each Contracting Party shall take the appropriate steps
to ensure that:

(i) comprehensive and systematic safety assessments are
   carried out before constructing and commissioning a
   nuclear installation and throughout its life. Such
   assessments shall be well documented,subsequently updated
   in the light of operating experience and significant new
   safety information, and reviewed under the authority of
   the regulatory body;

(ii) verification by analysis, surveillance, testing and
   inspection is carried out to ensure that the physical
   state of a nuclear installation and the operation of the
   installation continue to be in accordance with its
   design, applicable national safety requirements and with
   operational limits and conditions.

ARTICLE 15. RADIATION PROTECTION

   Each Contracting Party shall take the appropriate steps
to ensure that in all operational states the radiation
exposure to the workers and the public caused by a nuclear
installation shall be kept as low as reasonably achievable and
no individual shall be exposed to radiation doses which exceed
prescribed national dose limits.

ARTICLE 16. EMERGENCY PREPAREDNESS

1. Each Contracting Party shall take the appropriate steps .
to ensure that there are on-site and off-site emergency plans
that are routinely tested for nuclear installations and cover
the activities to be carried out in the event of an emergency.

                 ytT

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For any new nuclear installation, such plans shall be prepared
and tested before it commences operation above a very low
power level.

2. Each Contracting Party shall take the appropriate steps
to ensure that, insofar as they are likely to be affected by a
radiological emergency, its own population as well as the
competent authorities of the States in the vicinity of the
nuclear installation are provided with appropriate information
for emergency planning and response.

3. Contracting Parties which do not have a nuclear
installation on their territory, but are likely to be affected
in the event of a radiological emergency in a neighbouring
State, shall take the appropriate steps to ensure that
emergency plans have been prepared and tested that cover the
activities to be carried out in the event of an emergency.

      (d) Safety of Installations

ARTICLE 17. SITING

   Each Contracting Party shall take the appropriate steps
to ensure that appropriate procedures are established and
implemented:

(i) for evaluating all relevant site-related factors which
   are likely to affect the safety of a nuclear
   installation for its projected lifetime;

(ii) for evaluating the likely safety impact of a proposed
   nuclear installation on individuals, society and the
   environment ;

(iii) for re-evaluating as necessary all relevant factors
   referred to under sub-paragraphs (i) and (ii) to ensure
   the continued safety acceptability of the nuclear
   installation;

(iv) for consulting Contracting Parties in the vicinity of a
   proposed nuclear installation, insofar as they are
   likely to be affected by that installation and, upon
   request providing the necessary information to such
   Contracting Parties, in order to enable them to evaluate
   and form their own assessment of the likely safety
   impact of the installation.

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_**A6**_

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ARTICLE 18. DESIGN AND CONSTRUCTION

   Each Contracting Party shall take the appropriate steps
to ensure that :

(i) the design and construction of a nuclear installation
   provides for several reliable levels and methods of
   protection (defense in depth) against the release of
   radioactive materials, with a view to preventing the
   occurrence of accidents and to mitigating their
   radiological consequences should they occur;

(ii) the technologies incorporated in the design and
    construction of nuclear installations are proven by
    experience or qualified by testing or analysis;

(iii) the design allows for reliable, stable and easily
   manageable operation, with specific consideration of
    human factors and the man-machine interface.

ARTICLE 19. OPERATION

    Each Contracting Party shall take the appropriate steps
to ensure that :

(i) the initial authorization to operate a nuclear
    installation is based upon an appropriate safety
    analysis and a commissioning programme demonstrating
    that the installation, as constructed, is consistent
    with design and safety requirements;

(ii) operational limits and conditions derived from the
    safety analysis, tests and operational experience are
    defined and revised as necessary to identify safe
    boundaries for operation;

(iii) operation, maintenance, inspection and testing of a
    nuclear installation are conducted in accordance with
    approved procedures ;

(iv) procedures are established to respond to anticipated
    operational occurrences and to accidents;

(v) necessary engineering and technical support in all
    safety related fields is available throughout the
    lifetime of a nuclear installation;

(vi) incidents significant to safety are reported by the
    holder of the relevant licence to the regulatory body;

```

_**At**_

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(vii) programmes to collect and analyze operating experience
    are established, that the results obtained and the
    conclusions drawn are acted upon and that existing
    mechanisms are used to share important experience with
    international bodies and with other operating
    organizations and regulatory bodies;

(viii) the generation of radioactive waste resulting from the
    operation of a nuclear installation is kept to the
    minimum practicable for the process concerned, both in
    activity and volume, and that any necessary treatment
    and storage of spent fuel and waste directly related to
    the operation and on the same site take into
    consideration conditioning and disposal.

CHAPTER 3. MEETINGS OF THE CONTRACTING PARTIES

ARTICLE 20. REVIEW MEETINGS

1. The Contracting Parties shall hold meetings for the
purpose of reviewing the reports submitted pursuant to Article
5 in accordance with the procedures adopted under Article 22.
These meetings shall hereinafter be referred to as "review
meetings".

2. Subject to the provisions of Article 24 sub-groups
comprised of representatives of Contracting Parties may be
established and may function during the review meetings as
deemed necessary for the purpose of reviewing specific
subjects contained in the reports.

3. Each Contracting Party shall have a reasonable
opportunity to discuss the reports submitted by other
Contracting Parties and to seek clarification of the reports.

ARTICLE 21. TIMETABLE

1. A preparatory meeting of the Contracting Parties shall
be held not later than six months after the date of entry into
force of this Convention.

2. At this preparatory meeting the Contracting Parties
shall determine the date for the first review meeting. This
review meeting shall be held as soon as possible but not later
than thirty months after the date of entry into force of this
Convention.

3. At each review meeting the Contracting Parties shall
determine the date for the next such meeting. The interval
between review meetings shall not exceed three years.

###### **_M_**

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ARTICLE 22. PROCEDURAL ARRANGEMENTS

1. At the preparatory meeting held pursuant to Article 21
the Confefacting Parties shall prepare and adopt by consensus
Rules of Procedure and Financial Rules. The Contracting
Parties ifaall establish in particular and in accordance with «
```

**`thé Rules`** _**ê£**_ **`procedure`** **`:`**

```
    (ij guidelines regarding the form and structure ii the
       report to be submitted pursuant to Article $f

    (ii) a date for submission of such reports;

    lilii the process for reviewing such reports;

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_**2.**_ **`At`** **`review meetings`** **`the Contracting Parties`** **`may,if`**
```
necessary, review the arrangements established under subparagraphs (i)-(iii)above, and adopt revised arrangements by
consensus unless otherwise provided for in the Rules of

ARTICLE las EXTRAORDINARY MEETINGS

   M extraordinary meeting of the Contracting Parties
shall be held:

(i) if so agreed by a majority of the Contracting Parties
   present and voting at a meeting,abstention being
    considered as Voting; or

(ii) ât thé written request of a Contracting Party, within
    six- months of this request having been communicated to
    the Contracting Parties and notification having been
    received by the Secretariat, that the request has beett
    supported by a majority of the Contracting Parties.

```

**`ARfïCtiÈ`** _**M.**_ **`AfttENDANCE`**

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

2. ïnë Contracting Parties may invite, by consensus, any
intergoVernîttëhtal organization which is competent in respect
of matters governed by this Convention to attend, as
observers, any meeting, or specific sessions thereof.
```

**`Observers shall be required to accept in`** **`writing`** _**§**_ **`and in`**
```
advance/ the provisions of Article 27.

```

_**A%**_

```
ARTICLE 25. SUMMARY REPORTS

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

ARTICLE 26. LANGUAGES

```

_%."-k_ `The languages of meetings of the` `Contracting` `Parties`
```
shall be Arabic, Chinese, English, French, Russian and Spanish
unless otherwise provided in the Rules of Procedure.

2. Reports submitted pursuant to Article 5 shall be
prepared in the national language of the submitting
Contracting Party or in a single designated language to be
agreed in the Rules of Procedure. Should the report be
submitted in a national language other than the designated
language, a translation of the report into the designated
language shall be provided by the Contracting Party.

ARTICLE 27. CONFIDENTIALITY

1. The provisions of this Convention shall not affect the
rights and obligations of the Contracting Parties under their
law to protect information from disclosure. For the purposes
of this Article, "information" includes, inter alia,
(i)personal data; (ii) information protected by intellectual
property rights or by industrial or commercial
confidentiality; and (iii) information relating to national
security, the physical protection of nuclear materials or
nuclear installations.

2. When, in the context of this Convention, a Contracting
Party provides information identified by it as protected as
described in paragraph 1, such information shall be used only
for the purposes for which it has been provided and its
confidentiality shall be respected.

3. The content of the debates during the reviewing of the
reports by the Contracting Parties at each meeting shall be
confidential.

ARTICLE 28. SECRETARIAT

1. The International Atomic Energy Agency, (hereinafter
referred to as the "Agency") shall provide the secretariat for
the meetings of the Contracting Parties.

2. The secretariat shall :

    (i) convene, prepare and service the meetings of the
       Contracting Parties;

```

_Jto_

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

    T&e costs incurred by the Agency in fulfilling (i) and
(ii) above shall be borne by the Agency as part of its regular
budget.

3. Tflie Contracting Parties may, by consensus, request the
Agency to provide other services in support of meetings of the
Contracting Parties. The Agency may provide such services if
they can be undertaken within its programme and regular
budget. Should this not be possible, the Agency may provide
such services if voluntary funding is provided from another

source.

CHAPTER 4. FINAL CLAUSES AND OTHER PROVISIONS

ARTICLE 29. RESOLUTION OF DISAGREEMENTS

    In the event of a disagreement between two or more
Contracting Parties concerning the interpretation or
application of this Convention, the Parties shall consult
within the framework of a meeting of the Contracting Parties
with a view to resolving the disagreement.

ARTICLE 30. SIGNATURE, RATIFICATION, ACCEPTANCE, APPROVAL,

ACCESSION

1. This Convention shall be open for signature by all
States at the Headquarters of the Agency in Vienna until its
entry into force.

2. This Convention is subject to ratification, acceptance
or approval by the signatory States.

3. After its entry into force, this Convention will be open
for accession by all States.

4. (i) This Convention shall be open for signature or
      accession by regional organizations of an integration
      or other nature, provided that any such organization
      is constituted by sovereign States and has competence
      in respect of the negotiation, conclusion and
      application of international agreements in matters
      covered by this Convention.

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

```

_**%4**_

```
  (iii) When becoming party to this Convention such an
     organization shall communicate to the Depositary a
     declaration indicating which States are members
     thereof and which articles of this Convention apply
     to it, as well as the extent of its competence in the
     field covered by those articles.

  (iv) Such organization shall not hold any vote additional
     to those of its Member States.

5. Instruments of ratification, acceptance, approval or
accession shall be deposited with the Depositary.

ARTICLE 31. ENTRY INTO FORCE

1. This Convention shall enter into force on the ninetieth day
after the date of deposit with the Depositary of the
[twentieth] instrument of ratification, acceptance or
approval, including the instruments of [fifteen]States, each
with at least one nuclear installation.

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

ARTICLE 32. AMENDMENTS TO THE CONVENTION

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

2. The text of any proposed amendment and the reasons for
it shall be provided to the Depositary who shall communicate
the proposal to the Contracting Parties promptly and at least
ninety days before the meeting at which it is submitted for
consideration. Any comments received on such a proposal shall
be circulated by the Depositary to the Contracting Parties.

3. The Contracting Parties shall decide after consideration
of the proposed amendment whether to adopt it by consensus, or
in the.absence of such consensus, whether to submit it to a
Diplomatic Conference. A decision to submit a proposed
amendment to a Diplomatic Conference shall require a twothirds, majority vote of the Parties present and voting at the
meeting, provided that at least one half of the Contracting
Parties are present at the time of voting. Abstentions shall
be considered as voting.

###### **_s.t_**

```

```
4. The Diplomatic Conference to consider and adopt
amendments to this Convention shall be convened by the
Depositary to be held no later than one year after the
appropriate decision taken in accordance with paragraph 3 of
this Article.

5. Amendments to this Convention adopted under paragraphs 3
and 4 above shall be subject to ratification, acceptance,
approval, or confirmation by the Contracting Parties and shall
enter into force for those Contracting Parties having
ratified, accepted, or approved or confirmed them on the
ninetieth day after the receipt by the Depositary of the
relevant instruments by at least three fourths of the
Contracting Parties. For those Contracting Parties which
later on ratify, accept, approve or confirm the said
amendments, the latter will enter into force on the ninetieth
day after that Party deposits its relevant instrument.

ARTICLE 33. DENUNCIATION

1. Any Contracting Party may denounce this Convention by
written notification to the Depositary.

2. Denunciation shall take effect one year following the date
of the receipt of the notification by the Depositary, or on
such later date as may be specified in the notification.

ARTICLE 34. DEPOSITARY

1. The Director General of the Agency shall be the Depositary
of this Convention,

2. The Depositary shall inform the Contracting Parties of :

  (i) the signature of this Convention and of the deposit
     of instruments of ratification, acceptance, approval
     or accession, in accordance with Article 30;

  (ii) the date on which the Convention enters into force,
     in accordance with Article 31;

  (iii) the notifications of denunciation of the Convention
     and the date thereof, made in accordance with Article
      33;

  (iv) the proposed amendments to this Convention submitted
     by the Contracting Parties, the amendments adopted by
     the relevant Diplomatic Conference or by the meeting
     of the Contracting Parties, and the date of entry
     into force of the said amendments, in accordance with
     Article 32.

```

_**Jt^>**_

```
ARTICLE 35. AUTHENTIC TEXTS

  The original of this Convention - of which the Arabic,
Chinese, English, French, Russian and Spanish texts are
equally authentic, shall be deposited with the Depositary who
shall send certified copies thereof to the Contracting
Parties.

IN WITNESS WHEREOF THE UNDERSIGNED, BEING DULY AUTHORIZED TO
THAT EFFECT, HAVE SIGNED THIS CONVENTION.

Done at on the day of

```

_**X^t**_

**ANNEX 2**

**COUNCIL DECISION**

**of...**

**amoving** **the conclusion by the Commission of the Nuclear Safety Convention**

**(.../.../Euratom)**

```
THE COUNCIL OF THE EUROPEAN UNION

```

**Having** **regard** **to** **thé Treaty** **establishing the European Atomic Energy Community, and in**
**particular** **the** **second** **paragraph of Article** **101** **thereof;**

**Havitig rèjgâird tô thé** **Commission draft;**

**Whereas** **the** **Meeting of Governmental Representatives held in Vienna at the** **Headquarters** **of**
**the International** **Atomic Energy Agency from 14 to 17 June** **1994** **is to adopt a Nuclear**
**Safety** **Convention;**

**Whereas,** **in view of the tasks assigned to the Community by Chapter III Title two of the**
**Treaty** **thé** **conclusion of the convention by the Commission should be approved,**

**HAS DECIDED AS FOLLOWS:**

**sole Article**

**The** **conclusion** **by the Commission of the Nuclear Safety Convention is hereby approved.**

**Done at ...** **For the** **Council**

**The President**

### **#r**

**ANNEX 3**

**Declaration by the European Atomic Energy Community**

**according to the provisions of Article 30 (4) (iii) of**

**the Nuclear Safety Convention**

**The Following States are presently members of the European Atomic Energy**

**Community: Belgium, Denmark, Germany, Greece, Spain, France, Ireland, Italy,**

**Luxembourg, Netherlands, Portugal, United Kingdom.**

**The Community declares that the following Articles of** **the** **Convention apply to**

**it:** **Articles 1 to 5, Article 7, Articles 14 to 35.**

**The Community possesses competences in the fields covered by Articles** **1** **to**

**5, Article 7, and Articles 14 to 19 as provided for by the Treaty establishing the**

**European Atomic Energy Community and by the Community legislation**

**enumerated hereafter.**

**In** **the future the Community may well take further responsibilities by adopting**

**more specific legislation regarding the field covered by the Convention.**

_**ZG**_

**LIST OF COMMUNITY LEGISLATION**

**Council Directive** **80/336/Euratom** **of 15 July amending the Directives laying** **down** **the basic**
**safety standards for the health protection of the general public and workers against the dangers**
**of ionizing radiation.** **(O.J.** **L-246** **of 17/09/80 page 1)**

**Council Directive 84/467/Euratom of 3 September 1984 amending Directive 80/336/Euratom as**
**regards the basic safety standards for the health protection of the general public and workers**
**against the dangers of ionizing radiation. (OJ** **L-265** **of 05/10/84 page 4)**

**Council** **Decision** **87/600/Euratom** **of 14.12.1987** **on** **Çornmuniry arrangements for the early**
**exchange of information m the event of a radiological emergency** **(O** **N"** **L** **371,30.12.1987,** **p.** **76).**

**Council** **Directive89/618/Euratom** **of 27.11.1989 on informing the general** **public** **about health**

**protection measures to be applied and steps to be taken in the event of** **a radiplogicai** **emergency**

**(ONVL357,** **7.12.1989,** **p. 31).**

**Council Directive** **90/641/Euratom** **of 4.12.1990 on the operational protection of outside workers**
**exposed to the risk of ionizing radiation during their activities in controlled areas** **(O N°** **L 349,**
**13.12.1990,** **p. 21).**

**Council Directive** **92/3/Euratom** **of 3.2.1992 on the supervision and control of shipments of**
**radioactive waste between Member States** **and** **into and out of the Community** **(O N°** **L** **35,**
**12.2.1992).**

**Council Regulation** **87/3954/Euratom** **of 22.12.1987 laying down maximum permitted levels of**
**radioactive contamination of foodstuffs and of** **feedingsturïs** **following** **s** **nuclear accident or any**
**other case of radiological emergency** **(O N°** **L** **371,** **31.12.1987,** **p.** **11).**

**Commission Regulation** **89/944/Euratom** **of** **12** **April** **1989.** **laying down maximum permitted levels**
**of radioactive contamination in minor** **foodstuffs,** **following a** **nuclear** **accident or any other case**
**of radiological emergency** **(.O** **N° L** **101,** **13.4.1989, p. 17).**

**Council Regulation** **39/2218/Euratom** **of** **18.7.1989** **amending Regulation 87/3954/Euratom laying**
**down maximum permitted levels of radioactive contamination of foodstuffs and of feedingstuffs**
**following a nuclear accident or any other case of radiological emergency** **(O** **N"** **L** **211,22.7.1989,**
**p.** **I).**

**Council Regulation** **89/2219/EEC** **of 18.7.1989 on the special conditions for exporting foodstuffs**
**and feedingstuffs following a nuclear accident or any other case of radiological emergency** _**(O**_ **N°**
**1211.** **22.7.1989, p. 4).**

**Council Regulation** **90/737/EEC** **of 22 March 1990 on the conditions** **governing** **imports of**
**agricultural products** **originating** **in third countries following the accident at the Chernobyl nuclear**
**power station** **(O** **N" L 82,** **29.3.1990.** **p. 1).**

**Commission Regulation** **90/770/Euratom** **of 29 March 1990 laying down maximum permitted**
**levels of radioactive contamination of feedingstuffs following** **a** **nuclear accident or any other case**
**of radiological emergency** **(O** **N°** **L** **83,** **30.3.1990,** **p. 78).**

**Council Regulation** **1493/93/Euratom** **of 8 June** **1993** **on shipment of radioactive substances**
**between Member States** **(O N°** **L 148, 19.6.1993, p. 1).**

**Commission Regulation** **1518/93/Euratom** **of 21 June 1993 (replacing Council Regulation**
**92/598/EEC** **of 9 March 1992) establishing a list of products excluded from the application of**
**Council Regulation** **90/737/EEC** **on the conditions governing imports of agricultural products**
**originating in third countries following the accident at the Chernobyl nuclear power station (O** **N°**
**L** **150.** **22.6.1993,** **p. 30).**

**Council Directive** **85/337/EEC** **on the assessment of the effect of certain public and private**
**projects on the environment** **(O.J.** **L 175, 5.7.1985, p. 40)**

##### **_If_**

**ISSN 0254-1475**

**COM(94)** **362 final**

## **DOCUMENTS**

#### **EN 05 15 12**

**Catalogue number** **: CB-CO-94-378-EN-C**

**ISBN 92-77-72249-5**

**Office for Official Publications of the** **European** **Communities**

**1^2985** **Luxembourg**

# **n**