CELEX: 51994PC0362
Language: en
Date: 1994-09-08
Title: Proposal for a COUNCIL DECISION concerning the approval of the conclusion by the European Atomic Energy Community of the Nuclear Safety Convention

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  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
                  ( p r e s e n t e d by the Commission)
 ---pagebreak---                   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.
 ---pagebreak--- 4.  In September 1993 the Commission put forward a proposal for
    a Council decision adopting directives for the negotiation
    by the Commission of an international convention on nuclear
    safety1
5.  At its meeting on 27 January 1994, the Permanent
    Representatives Committee agreed that a spokesman of the
    European Union at the meeting of the group of experts in
    Vienna should propose a formula which would allow the
    European Atomic Energy Community (EAEC) to sign, accept or
    approve the convention, or to accede to it, if it so
    desired.
6.  The group of experts, at the above mentioned meeting of
    31 January-4 February 1994 agreed by consensus on the final
    text of a Draft Nuclear Safety Convention. As proposed by
    the experts of the Greek presidency, the text contains a
    clause providing for the signature or accession by regional
    organizations of an integration or other nature (Article 30
    of the Draft Convention).
7.  The IAEA will convene a diplomatic conference from 14 to
    17 June 1994 in Vienna to consider and formally adopt the
    nuclear safety convention. The convention will then be
    open for signature at the thirty eighth regular session of
    the IAEA General Conference in September 1994 and will
    remain open for signature until its entry into force.
 8. The Commission considers that the Nuclear Safety Convention
     is compatible with the provisions of the Euratom Treaty and
    with the legislation derived from it. However, for the
    reasons set out below, this compatibility can only be
    ensured in future if the Community becomes party to the
      SEC(93)1465 final
 ---pagebreak---        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)
 ---pagebreak---       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
 ---pagebreak---     and      of    the general             public      and ensure            that       they      are
    applied".             T o this e n d Article 30 of the E A E C                           Treaty
    provides more specifically:
    "Basic Standards shall be laid down w i t h i n the C o m m u n i t y
    for     the p r o t e c t i o n       of the health              of w o r k e r s     and      the
    general public against the dangers arising from ionizing
    radiations.
    The expression 'Basic Standards' m e a n s :
     (a)       m a x i m u m p e r m i s s i b l e doses compatible w i t h a d e q u a t e
               safety;
     (b)       maximum           permissible            levels         of      exposure            and
               contamination;
     (c)       the fundamental                 principles         governing          the     health
               surveillance of w o r k e r s . "
15. The Basic Standards w h i c h are at present in force in the
    Community are laid d o w n in Council D i r e c t i v e of 15 J u l y
    1980 amending               the Directives             laying down Basic                 Safety
    Standards for the H e a l t h Protection of the G e n e r a l Public
    and W o r k e r s Against               the Dangers of Ionizing                     Radiation
      (80/836/Euratom) 2 ,               as      amended        by     Council          Directive
                                                                   3
     84/467/Euratom of 3 September 1984 .                                 These       Directives
    are        complemented                by      further           relevant            Community
                                                                                      4
     legislation in the field of health and safety .
    O N ° L 246 of 17.9.1980, p. 1
    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).
 ---pagebreak--- 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.
 ---pagebreak--- 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.
 ---pagebreak--- 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.
 ---pagebreak--- 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
 ---pagebreak---                                                           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:
                                M
 ---pagebreak--- CHAPTER 1. OBJECTIVES, DEFINITIONS AND SCOPE
ARTICLE 1. OBJECTIVES
          The objectives of this Convention are:
(i)        to achieve and maintain a high level of nuclear safety
          worldwide through national measures and international
           co-operation;
 (ii)      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;
 (iii)     to prevent accidents with radiological consequences
           and to mitigate such consequences should they occur.
ARTICLE 2. DEFINITIONS
           For the purpose of this Convention:
 (i)     "nuclear installation" means for each Contracting Party
         any land based civil nuclear power plant under its
         jurisdiction including such storage, handling and
         treatment facilities for radioactive materials as are
         on the same site and are directly related to the
         operation of the nuclear power plant. Such a plant
         ceases to be a nuclear installation when all nuclear
         fuel elements have been removed permanently from the
         reactor core and have been stored safely in accordance
         with approved procedures, and a decommissioning
         programme has been agreed to by the regulatory body.
 (ii)    "licence" means any authorization granted by the
         regulatory body to the applicant to have the overall
         responsibility for the siting, design, construction,
         commissioning or operation of a nuclear installation.
 (iii)   "regulatory body" means for each Contracting Party any
         body or bodies given the légal authority by that
         Contracting Party to grant licences and to regulate the
         siting,design, construction, commissioning, operation
         or decommissioning of nuclear installations.
ARTICLE 3. SCOPE OF APPLICATION
       The provisions of this Convention shall apply to the
 safety of nuclear installations.
                                  AQ.
 ---pagebreak--- CHAPTER 2. OBLIGATIONS
            (a) General Provisions
ARTICLE 4. IMPLEMENTING MEASURES
      Each Contracting Party shall take, within the framework
of its national law, the legislative, regulatory and
administrative measures and other steps necessary to implement
its obligations under this Convention.
ARTICLE 5. REPORTING
      Each Contracting Party shall submit for review, prior to
each meeting referred to in Article 20, a report on the
measures it has taken to implement each of the obligations of
this Convention.
ARTICLE 6. EXISTING NUCLEAR INSTALLATIONS
      Each Contracting Party shall take the appropriate steps
to ensure that the safety of nuclear installations existing at
the time the Convention enters into force for that Contracting
Party is reviewed as soon as possible. When necessary in the
context of this Convention, the Contracting Party shall ensure
that all reasonably practicable improvements are made as a
matter of urgency to upgrade the safety of the installation.
If such upgrading cannot be achieved, plans should be
implemented to shut down the installation as soon as
practically possible. The timing of the shut-down may take
into account the whole energy context and possible
alternatives as well as the social, environmental and economic
impact.
            (b) Legislation and regulation
ARTICLE 7. LEGISLATIVE AND REGULATORY FRAMEWORK
1.    Each Contracting Party shall establish and maintain a
legislative and regulatory framework to govern the safety of
nuclear installations.
2.    The legislative and regulatory framework shall provide
 for:
       (i) the establishment of applicable national safety
            requirements and regulations;
       (ii) a system of licensing with regard to nuclear
            installations and the prohibition of the operation
            of a nuclear installation without a licence;
                                   yi^>
 ---pagebreak---      (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
 ---pagebreak--- 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
 ---pagebreak--- For any new nuclear installation, such plans shall be prepared
and tested before it commences operation above a very low
power level.
2.    Each Contracting Party shall take the appropriate steps
to ensure that, insofar as they are likely to be affected by a
radiological emergency, its own population as well as the
competent authorities of the States in the vicinity of the
nuclear installation are provided with appropriate information
for emergency planning and response.
3.    Contracting Parties which do not have a nuclear
installation on their territory, but are likely to be affected
in the event of a radiological emergency in a neighbouring
State, shall take the appropriate steps to ensure that
emergency plans have been prepared and tested that cover the
activities to be carried out in the event of an emergency.
             (d) Safety of Installations
ARTICLE 17. SITING
      Each Contracting Party shall take the appropriate steps
to ensure that appropriate procedures are established and
implemented:
(i)    for evaluating all relevant site-related factors which
       are likely to affect the safety of a nuclear
       installation for its projected lifetime;
(ii)   for evaluating the likely safety impact of a proposed
       nuclear installation on individuals, society and the
       environment ;
 (iii) for re-evaluating as necessary all relevant factors
       referred to under sub-paragraphs (i) and (ii) to ensure
       the continued safety acceptability of the nuclear
       installation;
 (iv)  for consulting Contracting Parties in the vicinity of a
       proposed nuclear installation, insofar as they are
       likely to be affected by that installation and, upon
       request providing the necessary information to such
       Contracting Parties, in order to enable them to evaluate
       and form their own assessment of the likely safety
       impact of the installation.
                                  A6
 ---pagebreak--- 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
 ---pagebreak--- (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
 ---pagebreak--- ARTICLE 22. PROCEDURAL ARRANGEMENTS
1.     At the preparatory meeting held pursuant to Article 21
the Confefacting Parties shall prepare and adopt by consensus
Rules of Procedure and Financial Rules. The Contracting
Parties ifaall establish in particular and in accordance with «
thé Rules ê£ procedure :
        (ij   guidelines regarding the form and structure ii the
              report to be submitted pursuant to Article $f
        (ii) a date for submission of such reports;
        lilii  the process for reviewing such reports;
2.     At review meetings the Contracting Parties may,if
necessary, review the arrangements established under sub-
paragraphs (i)-(iii)above, and adopt revised arrangements by
consensus unless otherwise provided for in the Rules of
ARTICLE las EXTRAORDINARY MEETINGS
       M extraordinary meeting of the Contracting Parties
shall be held:
 (i)   if so agreed by a majority of the Contracting Parties
       present and voting at a meeting,abstention being
       considered as Voting; or
 (ii)  ât thé written request of a Contracting Party, within
       six- months of this request having been communicated to
       the Contracting Parties and notification having been
       received by the Secretariat, that the request has beett
       supported by a majority of the Contracting Parties.
ARfïCtiÈ M. AfttENDANCE
1.     Ëâch Contracting Party shall attend meetings of the
Contracting Parties and be represented at such meetings by one
delegatei and such alternates, experts and advisers as it
deems necessary.
2.     ïnë Contracting Parties may invite, by consensus, any
intergoVernîttëhtal organization which is competent in respect
of matters governed by this Convention to attend, as
observers, any meeting, or specific sessions thereof.
Observers shall be required to accept in writing§ and in
advance/ the provisions of Article 27.
                                   A%
 ---pagebreak--- 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
 ---pagebreak---        (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
 ---pagebreak---     (iii) When becoming party to this Convention such an
          organization shall communicate to the Depositary a
          declaration indicating which States are members
          thereof and which articles of this Convention apply
           to it, as well as the extent of its competence in the
           field covered by those articles.
    (iv)  Such organization shall not hold any vote additional
          to those of its Member States.
5. Instruments of ratification, acceptance, approval or
accession shall be deposited with the Depositary.
ARTICLE 31. ENTRY INTO FORCE
1. This Convention shall enter into force on the ninetieth day
after the date of deposit with the Depositary of the
[twentieth] instrument of ratification, acceptance or
approval, including the instruments of [fifteen]States, each
with at least one nuclear installation.
2.     For each State or regional organization of an
integration or other nature which ratifies, accepts, approves
or accedes to this Convention after the date of deposit of the
last instrument required to satisfy the conditions in
paragraph 1, this Convention shall enter into force on the
ninetieth day after deposit of the appropriate instrument by
such a State or organization.
ARTICLE 32. AMENDMENTS TO THE CONVENTION
1.     Any Contracting Party may propose an amendment to this
Convention. Proposed amendments shall be considered at a
review or extraordinary meeting.
2.     The text of any proposed amendment and the reasons for
it shall be provided to the Depositary who shall communicate
the proposal to the Contracting Parties promptly and at least
ninety days before the meeting at which it is submitted for
consideration. Any comments received on such a proposal shall
be circulated by the Depositary to the Contracting Parties.
3.     The Contracting Parties shall decide after consideration
of the proposed amendment whether to adopt it by consensus, or
in the.absence of such consensus, whether to submit it to a
Diplomatic Conference. A decision to submit a proposed
amendment to a Diplomatic Conference shall require a two-
thirds, majority vote of the Parties present and voting at the
meeting, provided that at least one half of the Contracting
Parties are present at the time of voting. Abstentions shall
be considered as voting.
                                  s.t
 ---pagebreak--- 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^>
 ---pagebreak--- 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
 ---pagebreak---                                                                              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
 ---pagebreak---                                                                         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
 ---pagebreak---                              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°
   1 2 1 1 . 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
 ---pagebreak---                                                                     ISSN 0254-1475
                                                              COM(94) 362 final
                                                     DOCUMENTS
EN                                                                    05 15 12
                                 Catalogue number : CB-CO-94-378-EN-C
                                                             ISBN 92-77-72249-5
Office for Official Publications of the European Communities
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