J. Convention on assistance in the case of a nuclear accident or radiological emergency
Annex to appendix J
THE STATES PARTIES TO THIS CONVENTION,
AWARE that nuclear activities are being carried out in a number of States,
NOTING that comprehensive measures have been and are being taken to ensure a high level of safety in nuclear activities, aimed at preventing nuclear accidents and minimizing the consequences of any such accident, should it occur,
DESIRING to strengthen further international cooperation in the safe development and use of nuclear energy,
CONVINCED of the need for an international framework which will facilitate the prompt provision of assistance in the event of a nuclear accident or radiological emergency to mitigate its consequences,
NOTING the usefulness of bilateral and multilateral arrangements on mutual assistance in this area,
NOTING the activities of the International Atomic Energy Agency in developing guidelines for mutual emergency assistance arrangements in connection with a nuclear accident or radiological emergency,
HAVE AGREED as follows:
2. To facilitate such cooperation States Parties may agree on bilateral or multilateral arrangements or, where appropriate, a combination of these, for preventing or minimizing injury and damage which may result in the event of a nuclear accident or radiological emergency.
3. The States Parties request the Agency, acting within the framework of its Statute, to use its best endeavours in accordance with the provisions of this Convention to promote, facilitate and support the cooperation between States Parties provided for in this Convention.
Provision of assistance
2. A State Party requesting assistance shall specify the scope and type of assistance required and, where practicable, provide the assisting party with such information as may be necessary for that party to determine the extent to which it is able to meet the request. In the event that it is not practicable for the requesting State Party to specify the scope and type of assistance required, the requesting State Party and the assisting party shall, in consultation, decide upon the scope and type of assistance required.
3. Each State Party to which a request for such assistance is directed shall promptly decide and notify the requesting State Party, directly or through the Agency, whether it is in a position to render the assistance requested, and the scope and terms of the assistance that might be rendered.
4. States Parties shall, within the limits of their
capabilities, identify and notify the Agency of experts,
equipment and materials which could be made available for
the provision of assistance to other States
Parties in the event of a nuclear accident or radiological emergency as well as the terms, especially financial, under which such assistance could be provided.
5. Any State Party may request assistance relating to medical treatment or temporary relocation into the territory of another State Party of people involved in a nuclear accident or radiological emergency.
6. The Agency shall respond, in accordance with its Statute and as provided for in this Convention, to a requesting State Party's or a Member State's request for assistance in the event of a nuclear accident or radiological emergency by:
(b) transmitting promptly the request to other States and international organizations which, according to the Agency's information, may possess the necessary resources; and
(c) if so requested by the requesting State, coordinating the assistance at the international level which may thus become available.
Direction and control of assistance
Unless otherwise agreed:
(b) the requesting State shall provide, to the extent of its capabilities, local facilities and services for the proper and effective administration of the assistance. It shall also ensure the protection of personnel, equipment and materials brought into its territory by or on behalf of the assisting party for such purpose;
(c) ownership of equipment and materials provided by either party during the periods of assistance shall be unaffected, and their return shall be ensured;
(d) a State Party providing assistance in response to a request under paragraph 5 of article 2 shall coordinate that assistance within its territory.
Competent authorities and points of contact
2. Each State Party shall promptly inform the Agency of any changes that may occur in the information referred to in paragraph 1.
3. The Agency shall regularly and expeditiously provide to States Parties, Member States and relevant international organizations the information referred to a paragraphs 1 and 2.
Functions of the Agency
The States Parties request the Agency, in accordance with paragraph 3 of article 1 and without prejudice to other provisions of this Convention, to:
(ii) methodologies, techniques and available results of research relating to response to nuclear accidents or radiological emergencies;
(b) assist a State Party or a Member State when requested in any of the following or other appropriate matters:
(ii) developing appropriate training programmes for personnel to deal with nuclear accidents and radiological emergencies;
(iii) transmitting requests for assistance and relevant information in the event of a nuclear accident or radiological emergency;
(iv) developing appropriate radiation monitoring programmes, procedures and standards;
(v) conducting investigations into the feasibility of establishing appropriate radiation monitoring systems;
(c) make available to a State Party or a Member State requesting assistance in the event of a nuclear accident or radiological emergency appropriate resources allocated for the purpose of conducting an initial assessment of the accident or emergency;
(d) offer its good offices to the States Parties and Member States in the event of a nuclear accident or radiological emergency;
(e) establish and maintain liaison with relevant international organizations for the purposes of obtaining and exchanging relevant information and data, and make a list of such organizations available to States Parties, Member States and the aforementioned organizations.
Confidentiality and public statements
2. The assisting party shall make every effort to coordinate with the requesting State before releasing information to the public on the assistance provided in connection with a nuclear accident or radiological emergency.
Reimbursement of costs
(b) the place of origin of the nuclear accident or radiological emergency;
(c) the needs of developing countries;
(d) the particular needs of countries without nuclear facilities; and
(e) any other relevant factors.
2. When assistance is provided wholly or partly on a reimbursement basis, the requesting State shall reimburse the assisting party for the costs incurred for the services rendered by persons or organizations acting on its behalf, and for all expenses in connection with the assistance to the extent that such expenses are not directly defrayed by the requesting State. Unless otherwise agreed, reimbursement shall be provided promptly after the assisting party has presented its request for reimbursement to the requesting State, and in respect of costs other than local costs, shall be freely transferrable.
3. Notwithstanding paragraph 2, the assisting party may at any time waive, or agree to the postponement of, the reimbursement in whole or in part. In considering such waiver or postponement, assisting parties shall give due consideration to the needs of developing countries.
Privileges, immunities and facilities
2. The requesting State shall afford the following privileges and immunities to personnel of the assisting party or personnel acting on its behalf who have been duly notified to and accepted by the requesting State:
(b) exemption from taxation, duties or other charges, except those which are normally incorporated in the price of goods or paid for services rendered, in respect of the performance of their assistance functions.
3. The requesting State shall:
(b) provide immunity from seizure, attachment or requisition of such equipment and property.
4. The requesting State shall ensure the return of such equipment and property. If requested by the assisting party, the requesting State shall arrange, to the extent it is able to do so, for the necessary decontamination of recoverable equipment involved in the assistance before its return.
5. The requesting State shall facilitate the entry into, stay in and departure from its national territory of personnel notified pursuant to paragraph 2 and of equipment and property involved in the assistance.
6. Nothing in this article shall require the requesting State to provide its nationals or permanent residents with the privileges and immunities provided for in the foregoing paragraphs.
7. Without prejudice to the privileges and immunities,
all beneficiaries enjoying such privileges and immunities
under this article have a duty to respect the laws and
regulations of the requesting State.
They shall also have the duty not to interfere in the domestic affairs of the requesting State.
8. Nothing in this article shall prejudice rights and obligations with respect to privileges and immunities afforded pursuant to other international agreements or the rules of customary international law.
9. When signing, ratifying, accepting, approving or acceding to this Convention, a State may declare that it does not consider itself bound in whole or in part by paragraphs 2 and 3.
10. A State Party which has made a declaration in accordance with paragraph 9 may at any time withdraw it by notification to the depositary.
Transit of personnel, equipment and property
Each State Party shall, at the request of the requesting State or the assisting party, seek to facilitate the transit through its territory of duly notified personnel, equipment and property involved in the assistance to and from the requesting State.
Claims and compensation
2. Unless otherwise agreed, a requesting State shall in respect of death or of injury to persons, damage to or loss of property, or damage to the environment caused within its territory or other area under its jurisdiction or control in the course of providing the assistance requested:
(b) assume responsibility for dealing with legal proceedings and claims brought by third parties against the assisting party or against persons or other legal entities acting on its behalf;
(c) hold the assisting party or persons or other legal entities acting on its behalf harmless in respect of legal proceedings and claims referred to in sub-paragraph (b); and
(d) compensate the assisting party or persons or other legal entities acting on its behalf for:
(ii) loss of or damage to non-consumable equipment or materials related to the assistance;
except in cases of wilful misconduct by the individuals who caused the death, injury, loss or damage.
4. Nothing in this article shall require the requesting State to apply paragraph 2 in whole or in part to its nationals or permanent residents.
5. When signing, ratifying, accepting, approving or acceding to this Convention, a State may declare:
(b) that it will not apply paragraph 2 in whole or in part in cases of gross negligence by the individuals who caused the death, injury, loss or damage.
6. A State Party which has made a declaration in accordance with paragraph 5 may at any time withdraw it by notification to the depositary.
Termination of assistance
The requesting State or the assisting party may at any time, after appropriate consultations and by notification in writing, request the termination of assistance received or provided under this Convention. Once such a request has been made, the parties involved shall consult with each other to make arrangements for the proper conclusion of the assistance.
Relationship to other international agreements
This Convention shall not affect the reciprocal rights and obligations of States Parties under existing international agreements which relate to the matters covered by this Convention, or under future international agreements concluded in accordance with the object and purpose of this Convention.
Settlement of disputes
2. If a dispute of this character between States Parties cannot be settled within one year from the request for consultation pursuant to paragraph 1, it shall, at the request of any party to such dispute, be submitted to arbitration or referred to the international Court of Justice for decision. Where a dispute is submitted to arbitration, if, within six months from the date of the request, the parties to the dispute are unable to agree on the organization of the arbitration, a party may request the President of the International Court of Justice or the Secretary-General of the United Nations to appoint one or more arbitrators. In cases of conflicting requests by the parties to the dispute, the request to the Secretary-General of the United Nations shall have priority.
3. When signing, ratifying, accepting, approving or acceding to this Convention, a State may declare that it does not consider itself bound by either or both of the dispute settlement procedures provided for in paragraph 2. The other States Parties shall not be bound by a dispute settlement procedure provided for in paragraph 2 with respect to a State Party for which such a declaration is in force.
4. A State Party which has made a declaration in accordance with paragraph 3 may at any time withdraw it by notification to the depositary.
Entry into force
2. A State and Namibia, represented by the United Nations Council for Namibia, may express its consent to be bound by this Convention either by signature, or by deposit of an instrument of ratification, acceptance or approval following signature made subject to ratification, acceptance or approval, or by deposit of an instrument of accession. The instruments of ratification, acceptance, approval or accession shall be deposited with the depositary.
3. This Convention shall enter into force thirty days after consent to be bound has been expressed by three States.
4. For each State expressing consent to be bound by this Convention after its entry into force, this Convention shall enter into force for that State thirty days after the date of expression of consent.
(b) In matters within their competence such organizations shall, on their own behalf, exercise the rights and fulfil the obligations which this Convention attributes to States Parties.
(c) When depositing its instrument of accession, such an organization shall communicate to the depositary a declaration indicating the extent of its competence in respect of matters covered by this Convention.
(d) Such an organization shall not hold any vote additional to those of its Member States.
A State may, upon signature or at any later date before this Convention enters into force for it, declare that it will apply this Convention provisionally.
2. If a majority of the States Parties request the depositary to convene a conference to consider the proposed amendments, the depositary shall invite all States Parties to attend such a conference to begin not sooner than thirty days after the invitations are issued. Any amendment adopted at the conference by a two-thirds majority of all States Parties shall be laid down in a protocol which is open to signature in Vienna and New York by all States Parties.
3. The protocol shall enter into force thirty days after consent to be bound has been expressed by three States. For each State expressing consent to be bound by the protocol after its entry into force, the protocol shall enter into force for that State thirty days after the date of expression of consent.
2. Denunciation shall take effect one year following the date on which the notification is received by the depositary.
2. The Director-General of the Agency shall promptly notify States Parties and all other States of:
(b) each deposit of an instrument of ratification, acceptance, approval or accession concerning this Convention or any protocol of amendment;
(c) any declaration or withdrawal thereof in accordance with articles 8, 10 and 13;
(d) any declaration of provisional application of this Convention in accordance with article 15;
(e) the entry into force of this Convention and of any amendment thereto; and
(f) any denunciation made under article 17.
Authentic texts and certified copies
The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Director-General of the International Atomic Energy Agency who shall send certified copies to States Parties and all other States.
IN WITNESS WHEREOF the undersigned, being duly authorized, have signed this Convention, open for signature as provided for in paragraph 1 of article 14.
ADOPTED by the General Conference of the International Atomic Energy Agency meeting in special session at Vienna on the twenty-sixth day of September one thousand nine hundred and eighty-six.
Annex to appendix J
Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency
List of signature, ratification, acceptance, approval or accession by States or Organizations
Date of Signature
Means and date of expression of consent to be bound
Entry into Force
|Afghanistan*||26 Sep 1986|
|Algeria*||24 Sep 1987|
|Australia*||26 Sep 1986||ratification*||23 Oct 1987|
|deposited: 22 Sep 87|
|Austria||26 Sep 1986|
|deposited: 7 Jan 88||7 Feb 1988|
|Belgium||26 Sep 1986|
|Brazil||26 Sep 1986|
|Bulgaria*||26 Sep 1986||ratification*|
|deposited: 24 Feb 88||26 Mar 1988|
|Byelorussian Soviet Socialist Republic*||26 Sep 1986||ratification*|
|deposited: 26 Jan 87||26 Feb 1987|
|Cameroon||25 Sep 1987|
|Canada*||26 Sep 1986|
|Chile||26 Sep 1986|
|China*||26 Sep 1986||ratification*|
|deposited: 10 Sep 87||11 Oct 1987|
|Costa Rica||26 Sep 1986|
|Côte d'Ivoire||26 Sep 1986|
|Cuba*||26 Sep 1986|
|deposited: 4 Jan 89||4 Feb 1989|
|Czechoslovakia*||26 Sep 1986||ratification*|
|deposited: 4 Aug 88||4 Sep 1988|
|Democratic People's Republic of Korea*||29 Sep 1986|
|Denmark||26 Sep 1986|
|Egypt||26 Sep 1986||ratification*|
|deposited: 17 Oct 88||17 Nov 1988|
|Finland||26 Sep 1986|
|France*||26 Sep 1986||deposit of approval* on 6 Mar 89||6 Apr 1989|
|German Democratic Republic*||26 Sep 1986||ratification*|
|deposited: 29 Apr 87||30 May 1987|
|Germany, Federal Republic of*||26 Sep 1986|
|Greece*||26 Sep 1986|
|Guatemala||26 Sep 1986||ratification|
|deposited: 8 Aug 88||8 Sep 1988|
|Holy See||26 Sep 1986|
|Hungary*||26 Sep 1985||ratification*|
|deposited; 10 Mar 87||10 Apr 1987|
|Iceland||26 Sep 1986|
|India*||29 Sep 1986||ratification*|
|deposited: 28 Jan 88||28 Feb 1988|
|Indonesia*||26 Sep 1986|
|Iran, Islamic Republic of||26 Sep 1986|
|Iraq*||12 Aug 1987||ratification*|
|deposited: 21 July 88||21 Aug 1988|
|Ireland*||26 Sep 1986|
|Israel||26 Sep 1986||ratification*|
|deposited: 25 May 89||25 June 1989|
|Italy||26 Sep 1986|
|Japan||6 Mar 1987||acceptance*|
|deposited: 9 June 87||10 July 1987|
|Jordan||2 Oct 1986||ratification|
|deposited: 11 Dec 87||11 Jan 1988|
|Lebanon||26 Sep 1986|
|Liechtenstein||26 Sep 1986|
|Malaysia*||1 Sep 1987||signature: 1 Sep 87||2 Oct 1987|
|Mali||2 Oct 1986|
|Mexico||26 Sep 1986||ratification|
|deposited: 10 May 88||10 June 1988|
|Monaco||26 Sep 1986||approval*|
|deposited: 19 July 89||19 Aug 1989|
|Mongolia*||8 Jan 1987||ratification*|
|deposited: 11 June 87||12 July 1987|
|Morocco||26 Sep 1986|
|Netherlands*||26 Sep 1986|
|deposited: 11 Mar 87||11 Apr 1987|
|Niger||26 Sep 1986|
|Nigeria||21 Jan 1987|
|Norway*||26 Sep 1986||signature: 26 Sep 86||26 Feb 1987|
|Panama||26 Sep 1986|
|Paraguay||2 Oct 1986|
|Poland*||26 Sep 1986||ratification*|
|deposited: 24 Mar 88||24 Apr 1988|
|Portugal||26 Sep 1986|
|Senegal||15 Jun 1987|
|Sierra Leone||25 Mar 1987|
|South Africa||10 Aug 1987||ratification*|
|deposited: 10 Aug 87||10 Sep 1987|
|Spain||26 Sep 1986|
|Sudan||26 Sep 1986|
|Sweden||26 Sep 1986|
|Switzerland||26 Sep 1986||ratification|
|deposited: 31 May 88||1 July 1988|
|Syrian Arab Republic||2 July 1987|
|Thailand*||25 Sep 1987||ratification*|
|deposited: 21 Mar 89||21 Apr 1989|
|Tunisia||24 Feb 1987||ratification|
|deposited: 24 Feb 89||27 Mar 1989|
|Turkey*||26 Sep 1986|
|Ukrainian Soviet Socialist Republic*||26 Sep 1986||ratification*|
|deposited: 26 Jan 87||26 Feb 1987|
|Union of Soviet Socialist Republics*||26 Sep 1986||ratification*|
|deposited: 23 Dec 86||26 Feb 1987|
|United Arab Emirates||accession*|
|deposited: 2 Oct 87||2 Nov 1987|
|United Kingdom of Great Britain and|
|Northern Ireland*||26 Sep 1986|
|United States of America*||26 Sep 1986||ratification*|
|deposited: 19 Sep 88||20 Oct 1988|
|Viet Nam, Soc. Rep. of||accession*|
|deposited: 29 Sep 87||30 Oct 1987|
|Zaire||30 Sep 1986|
|Zimbabwe||26 Sep 1986|
|World Health Organization||accession*|
|deposited: 10 Aug 1988||10 Sep 1988|
* indicates that a reservation/declaration was deposited upon or following signature/ratification.
Note: The Convention entered into force on 26 February 1987, i.e. thirty days after the date on which the third State expressed its consent to be bound, pursuant to Article 14, paragraph 3.
19 July 1989
Status: 70 signatories,