On the ratification of the Agreement on Cooperation between the CIS Member States on Preparedness in the Event of a Nuclear Accident or Radiation Emergency and Mutual Assistance in the Elimination of Their Consequences

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On the ratification of the Agreement on Cooperation between the CIS Member States on Preparedness in the Event of a Nuclear Accident or Radiation Emergency and Mutual Assistance in the Elimination of Their Consequences

The Law of the Republic of Kazakhstan dated February 1, 2021 No. 4-VII SAM.

PRESS RELEASE

To ratify the Agreement on Cooperation between the CIS member States on Preparedness in Case of a Nuclear Accident or Radiation Emergency and Mutual Assistance in Eliminating Their Consequences, signed in Astana on November 2, 2018.

President of the Republic of Kazakhstan

K. TOKAEV

AGREEMENT on cooperation between the CIS member States to ensure preparedness in case of a nuclear accident or radiation emergency and mutual assistance in eliminating their consequences

Officially certified text

The Governments of the CIS member States, hereinafter referred to as the Parties,

Noting the special importance of ensuring safety in the process of using atomic energy for peaceful purposes,

in order to strengthen the comprehensive measures already being taken to prevent nuclear accidents and minimize their consequences,

Noting the need to promptly provide information and assistance in the event of a nuclear accident or radiation emergency in order to minimize transboundary radiation effects,

Taking into account the Concept of Nuclear and Radiation Safety of the CIS member States in the Field of the Peaceful Uses of Atomic Energy of November 21, 2014, as well as the provisions of the Convention on Early Notification of a Nuclear Accident of September 26, 1986 and the Convention on Assistance in the Event of a Nuclear or Radiation Emergency of September 26, 1986,

Considering it necessary to simplify the procedures for the movement of specialized emergency rescue units, equipment, vehicles and materials used as technical equipment for these units,

Striving to ensure nuclear and radiation safety, as well as to minimize the negative consequences for public health and the environment associated with the use of atomic energy for peaceful purposes,

have agreed on the following:

Article 1

In addition to the terms defined by the IAEA Safety Glossary (2007 edition), for the purposes of this Agreement, the terms used have the following meanings:

An assistance group is an organized group of qualified specialists from the providing Party sent to provide assistance in the event of a nuclear accident or radiation emergency, including specialized rescue units equipped with special equipment, equipment, equipment, tools and materials.;

Requesting Party - A Party that requests the other Party to send assistance teams or to provide special equipment, equipment, tools and materials.;

Providing Party - A Party that satisfies the request of the requesting Party to send assistance teams or to provide special equipment, equipment, tools and materials in agreement with the authorized (competent) authority of the requesting Party.;

authorized (competent) body - a ministry, agency, state corporation or other organization that coordinates the activities of a Party that is authorized to respond to and eliminate nuclear accidents and radiation emergencies and is responsible for the implementation of this Agreement.;

The term "nuclear accident" has the meaning defined in articles 1-3 of the Convention on Early Notification of a Nuclear Accident of September 26, 1986.

Article 2

The Parties shall cooperate with each other in accordance with the provisions of this Agreement and other international treaties to which their States are parties in order to facilitate the immediate provision of assistance in cases of a nuclear accident or radiation emergency in order to minimize their consequences and to protect public health, property and the environment from the effects of radioactive releases and ionizing radiation.

Article 3

A Party in whose territory a nuclear accident has occurred or a radiation emergency has occurred may apply through its authorized (competent) body with a written request for assistance to the authorized (competent) authorities of other Parties.

The authorized (competent) bodies of the Parties jointly develop unified notification forms based on the recommendations of the IAEA, determine the content of the transmitted information, identify the equipment of communication and notification points, and cooperate in the creation of an interstate monitoring system for nuclear and radiation-hazardous facilities using atomic energy.

The Parties, within 30 days after the entry into force of this Agreement, shall notify the depositary through diplomatic channels of their authorized (competent) authorities (as well as changes to these authorities) responsible for the implementation of this Agreement.

Article 4

Assistance is provided on the basis of a written request in which the requesting Party informs about a nuclear accident or radiation emergency and, if possible, about an assessment of its degree of danger, indicating the type and amount of assistance needed.

The providing Party shall promptly consider the request of the requesting Party and, in turn, inform the latter of the possibility, scope and conditions, including financial, of providing assistance, as well as of the designated heads of the assistance teams and make appropriate arrangements with it.

The requesting and providing Parties interact through authorized (competent) authorities.

If it is impossible for the requesting Party to determine the type and amount of assistance needed and if the providing Party agrees to provide assistance, the relevant authorized (competent) authorities shall consult in order to clarify the type and amount of assistance.

The requesting or providing Party may at any time send a written request to the other Party to terminate assistance, after which the Parties shall immediately consult on the procedure for completing the provision of assistance.

Article 5

Assistance in eliminating the consequences of a nuclear accident or radiation emergency is provided by the authorized (competent) authorities of the Parties by sending assistance teams or providing special equipment, equipment, tools and materials.

The management, control and coordination of the actions of the assistance teams within the territory of the requesting Party's State is carried out by the authorized (competent) body of the requesting Party.

Assistance teams are used to carry out emergency rescue operations in the area of a nuclear accident or radiation emergency.

The requesting Party informs the assistance teams about the situation in the area of a nuclear accident or radiation emergency at specific work sites, and, if necessary, provides these groups with communications facilities, centralized accommodation and meals, as well as provides security and organizes medical care free of charge.

The equipment of the assistance teams with the necessary means should be sufficient to conduct autonomous operations in the zone of a nuclear accident or radiation emergency within 72 hours, unless otherwise agreed by the authorized (competent) authorities of the requesting and providing Parties additionally. Upon completion of the inventory, the requesting Party provides the specified groups with the necessary funds for their further work, unless otherwise agreed by the Parties additionally.

Article 6

The requesting Party, in accordance with the legislation of its State, ensures the first (priority) entry into the territory of its State for the assistance teams of the providing Party.

The crossing of the State border is carried out in accordance with the legislation of the requesting State and international treaties to which the States parties to this Agreement are parties.

Each State Party to this Agreement, on the basis of a written request from the requesting or providing Party, shall strive to facilitate the unhindered transit through its territory to and from the requesting State of assistance teams, special equipment, equipment, tools and materials in accordance with its legislation.

Article 7

In the case of transportation of an assistance group by air, the authorized (competent) authority of the providing Party shall inform the authorized (competent) authority of the requesting Party of the decision to use aircraft for assistance, indicating their type and identification marks, flight route, number of crew members, composition of the assistance group, the nature of the cargo and the planned take-off location, and landings.

The requesting Party shall coordinate the place of landing on the territory of its State and authorize the flight to the agreed point on the territory of its State. Issues related to the registration of the assistance group are resolved by agreement of the Parties.

Flights are carried out in accordance with the standards established by the International Civil Aviation Organization and in accordance with the laws of the States Parties to this Agreement.

Article 8

Special equipment, equipment, tools and materials temporarily imported into the territory of the requesting Party's State, after completion of the assistance work and their decontamination, are subject to return (import) to the territory of the providing Party's State in accordance with the procedure agreed upon by the Parties.

If the export of special machinery, equipment, equipment, tools and materials, including those suitable for further use, is impractical, they may be transferred free of charge to the authorized (competent) authority of the requesting Party on terms agreed by the Parties in accordance with the laws of the requesting and providing Parties.

Responsibility for the safe management of radioactive waste generated during the elimination of the consequences of a nuclear accident or radiation emergency is assigned to the requesting Party.

Article 9

In order to implement common methods and methods of controlling the movement of vehicles, special equipment, equipment, tools and materials through checkpoints of the States Parties to this Agreement to eliminate the consequences of a nuclear accident or a radiation emergency, the Parties shall promote the unification of technical controls at checkpoints and the harmonization of the legislation of their States on responding to a nuclear accident. an accident or radiation emergency.

Article 10

If it is necessary to provide medical assistance to victims in emergency cases, the required number of medicines registered in accordance with the established procedure, including those containing narcotic drugs and psychotropic substances, may be imported into the territory of the requesting State in accordance with the legislation of the States Parties to this Agreement.

Such medicines are used exclusively by medical professionals under the supervision of representatives of the requesting Party with the registration of expenditure certificates for their presentation to the customs authorities upon the departure of the assistance team to the territory of the State of the providing Party.

Unused medicinal products containing narcotic drugs and psychotropic substances are subject to re-export to the territory of the State of the providing Party on the basis of documents confirming the nomenclature and quantity of these drugs.

Article 11

1. The Requesting Party within the framework of the activities carried out by the providing Party in accordance with this Agreement:

reimburses the providing Party for all costs related to the provision of assistance in the territory of the requesting Party's State when the providing Party sends a request for reimbursement to the requesting Party within three months, unless otherwise agreed by the authorized (competent) authorities of the Parties.;

Grants assistance groups, within the framework of assistance activities, immunity from arrest, detention and judicial proceedings, as well as, in accordance with the legislation and international obligations of the requesting Party, exemption from taxes, duties and charges in respect of imported and exported special equipment, equipment, tools, materials and medicines, with the exception of those included the cost of the specified goods or services;

does not make any claims or lawsuits against the providing Party, its authorized (competent) body and assistance groups;

provides relief from financial liability, legal protection and case management in relation to claims and claims of third Parties against the providing Party, its authorized (competent) body or assistance group;

ensures payment to the providing Party, its authorized (competent) body or assistance group: compensation in case of death of specialists; compensation in full for the damage caused to them, as well as compensation in full for the damage caused in case of damage and (or) loss of non-expendable property that occurred during the provision of assistance when the providing Party sent a request on reimbursement of costs by the requesting Party in accordance with the legislation of the requesting Party, unless otherwise agreed by the authorized (competent) authorities of the Parties.

2. The provision of assistance teams to the territory of the requesting Party's State shall be financed from funds provided for in the national budget of the providing Party.

3. The damage caused by a member of the assistance group intentionally and as a result of unlawful actions (inaction) is subject to compensation in accordance with the legislation of the requesting State.

Article 12

In the course of information interaction, the authorized (competent) bodies of the Parties ensure:

regular mutual information about software and technical solutions that affect information interaction;

reliability and completeness of the transmitted information;

prompt introduction of amendments and clarifications to previously transmitted information;

the timeliness of mutual warnings about the impossibility of transmitting or receiving information (official requests) in the event of any unforeseen circumstances.;

use of the information received solely for the purposes of this Agreement;

a clear definition and designation of the information transmitted under this Agreement and considered by the Parties as "official information of limited distribution";

transfer of official information of limited distribution using software and technical means to ensure the protection of the information received in accordance with the legislation of the States Parties to this Agreement.;

limitation of the number of persons who have access to information obtained during the mutual exchange, the dissemination and provision of which is limited.

The use of information received by one Party from the other Party during the implementation of this Agreement, after its termination for the Party who received the information, will be governed by the provisions of this Agreement.

Article 13

The Commission of the Member States of the Commonwealth of Independent States on the Peaceful Uses of Atomic Energy shall facilitate the organization of interaction between the authorized (competent) bodies of the Parties in order to implement this Agreement.

In order to improve nuclear and radiation safety, the Parties may establish interdepartmental commissions to develop measures aimed at preventing nuclear accidents or radiation emergencies in the future, taking into account the experience of events covered by this Agreement.

Article 14

This Agreement may be amended by mutual agreement of the Parties, which are an integral part of it, which are formalized by the relevant protocol.

Article 15

Disputes between the Parties arising from the application and interpretation of this Agreement shall be resolved through consultations and negotiations between the Parties concerned or through another procedure agreed upon by the Parties.

Article 16

This Agreement shall enter into force 30 days after the date of receipt by the depositary of the third notification that the Signatories have completed the internal procedures necessary for its entry into force.

For the Parties that have completed the internal procedures later, this Agreement shall enter into force 30 days after the date of receipt by the depositary of the relevant documents.

Article 17

After its entry into force, this Agreement is open for accession by any CIS member State by submitting an instrument of accession to the depositary.

For the acceding State, this Agreement shall enter into force 30 days after the date of receipt by the depositary of the instrument of accession.

Article 18

This Agreement is concluded for an indefinite period. Each of the Parties has the right to withdraw from this Agreement by sending a written notification of its intention to the depositary no later than six months before the withdrawal and settling the obligations that have arisen during the validity of this Agreement.

Done in Astana on November 2, 2018, in one original copy in Russian. The original copy is kept in the Executive Committee of the Commonwealth of Independent States, which will send a certified copy to each signatory State of this Agreement.

For the Government of the Republic of Azerbaijan

For the Government Of the Russian Federation

For the Government of the Republic of Armenia

For the Government of the Republic of Tajikistan

For the Government of the Republic of Belarus

For the Government Turkmenistan

For the Government of the Republic of Kazakhstan

For the Government of the Republic of Uzbekistan

For the Government Of the Kyrgyz Republic

For the Government Of Ukraine

For the Government of the Republic of Moldova

RESERVATION OF THE Kyrgyz Republic to the Agreement on Cooperation between the CIS member States to Ensure Preparedness in Case of a Nuclear Accident or Radiation Emergency and Mutual Assistance in Eliminating their Consequences

"Implementation of the Agreement on State Cooperation - CIS member states will ensure preparedness in case of a nuclear accident or radiation emergency and mutual assistance in eliminating their consequences, in terms of granting immunity from arrest, detention and judicial proceedings to assistance groups, except in cases where individuals from the groups could prevent the occurrence of offenses that, in accordance with the legislation of the Kyrgyz Republic, The Republics provide for arrest, detention and judicial proceedings, but they have deliberately committed such violations."

Prime Minister of the Kyrgyz Republic

M. D. Abylgaziev

I hereby certify that the attached text is an authentic copy of the Agreement on Cooperation between the CIS member States to Ensure Preparedness in the Event of a Nuclear Accident or Radiation Emergency and Mutual Assistance in Eliminating Their Consequences, signed at the meeting of the Council of Heads of Government of the Commonwealth of Independent States, which took place on November 2, 2018 in Astana. The original copy of the above-mentioned Agreement is kept in the Executive Committee of the Commonwealth of Independent States.

First Deputy Chairman of the Executive Committee – CIS Executive Secretary

V. A. Guminsky

President

Republic of Kazakhstan

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