On the Ratification of the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management

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The Law of the Republic of Kazakhstan dated February 3, 2010 No. 246-IV

Table of contents To ratify the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management, adopted in Vienna on September 5, 1997.

President  Of the Republic of Kazakhstan N. Nazarbayev

JOINT CONVENTION ON THE SAFETY OF SPENT FUEL MANAGEMENT AND ON THE SAFETY OF RADIOACTIVE WASTE MANAGEMENT

(Bulletin of International Treaties of the Republic of Kazakhstan, 2010, No. 5, Article 34) (Entered into force on June 8, 2010)

THE PREAMBLE

The Contracting Parties, (i) Recognizing that the operation of nuclear reactors is associated with the generation of spent fuel and radioactive waste and that other applications of nuclear technology are also associated with the generation of radioactive waste; (ii) Recognizing that the same safety objectives apply to the management of both spent fuel and radioactive waste; (iii) Reaffirming the importance for the international community of planning and implementing sound practices to ensure the safety of spent fuel and radioactive waste management; (iv) Recognizing the importance of informing the public about issues related to the safety of spent fuel and radioactive waste management; (v) Desiring to promote an effective culture of nuclear safety worldwide; (vi) Affirming that the ultimate responsibility for ensuring the safety of spent fuel and radioactive waste management lies with the State; (vii) Recognizing that the definition of fuel cycle policy remains the prerogative of the State, as well as the fact that some States consider spent fuel to be a valuable resource that can be recycled, while others prefer its disposal; (viii) Recognizing that the management of spent fuel and radioactive waste, which are not covered by this Convention because they are part of military or defense programs, should be carried out in accordance with the objectives set out in this Convention; (ix) Reaffirming the importance of international cooperation to improve the safety of spent fuel management; and radioactive waste management on the basis of bilateral and multilateral mechanisms and on the basis of this incentive Convention; (x) Aware of the needs of developing countries, and in particular the least developed countries, and States with economies in transition, as well as the need to facilitate the functioning of existing mechanisms to assist in the implementation of their rights and obligations set out in this enabling Convention; xi) Convinced that the disposal of radioactive waste, to the extent compatible with the safe management of such material, should be carried out in the State in which it originated, while recognizing that, in some circumstances, agreements between the Contracting Parties on the use of facilities in one country may contribute to the safe and efficient management of spent fuel and radioactive waste. of these, in the interests of other Parties, in particular in cases where waste is generated as a result of joint projects.; (xii) Recognizing that any State has the right to prohibit the import of foreign spent fuel and radioactive waste into its territory; xiii) Taking into account The Convention on Nuclear Safety (1994), the Convention on Early Notification of a Nuclear Accident (1986), the Convention on Assistance in the Event of a Nuclear Accident or Radiological Emergency (1986), the Convention on the Physical Protection of Nuclear Material (1980), the Convention on the Prevention of Marine Pollution from Waste and Other Materials, as amended it was amended (1994) and other relevant international legal documents; xiv) Taking into account the principles contained in the inter-agency "International Basic Safety Standards for Protection against Ionizing Radiation and the Safe Management of Radiation Sources" (1996), in the IAEA safety framework document entitled "Principles of Radioactive Waste Management" (1995), and in existing international safety standards transportation of radioactive materials; xv) Recalling chapter 22 of the "Agenda for the 21st Century" of the United Nations Conference on Environment and Development in Rio de Janeiro, adopted in 1992, which reaffirms the paramount importance of the safe and environmentally sound disposal of radioactive waste; xvi) Recognizing the desirability of strengthening the international control system directly applicable in concerning radioactive materials, as stated in article 1 (3) of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (1989);

Have agreed on the following:

CHAPTER 1. OBJECTIVES, DEFINITIONS AND SCOPE OF APPLICATION

ARTICLE 1. OBJECTIVES

This Convention has the following objectives: (i) To achieve and maintain a high level of safety in the management of spent fuel and radioactive waste worldwide by strengthening national measures and international cooperation, including, where appropriate, technical cooperation in the field of safety; (ii) Ensure that effective safeguards against potential hazards are available at all stages of spent fuel and radioactive waste management in order to protect individuals, society as a whole and the environment from the harmful effects of ionizing radiation, now and in the future, so that the needs and aspirations of the current generation are met without prejudice. to enable future generations to realize their needs and aspirations; (iii) To prevent accidents with radiological consequences and mitigate their consequences if they occur at any stage of spent fuel or radioactive waste management.

ARTICLE 2. DEFINITIONS

For the purposes of this Convention: (a) "Closure" means the completion of all operations at a certain point after the spent fuel or radioactive waste has been placed in a disposal facility. It includes the final engineering or other work necessary to bring the facility into a condition that will remain safe for a long time; (b) "decommissioning" means all measures leading to the release of a nuclear installation other than a disposal facility from regulatory control. Such measures include decontamination and dismantling processes; (c) "discharges" means planned and controlled releases into the environment, as a legitimate practice, within the limits authorized by the regulatory authority, of liquid or gaseous radioactive materials that have formed in regulated nuclear facilities during normal operation; (d) "burial" means the storage of spent fuel or radioactive waste. transfer the waste to the appropriate installation without the intention of removing it; (e) "License" means any permit, admission or certification certificate issued by a regulatory authority for any activity related to spent fuel or radioactive waste management; (f) "Nuclear installation" means a civil installation and related land, buildings and equipment where they are generated, processed, used, Radioactive materials are physically manipulated, stored, or buried on a scale that requires consideration of the safety factor.; (g) "Operational life" means the period of time during which a spent fuel or radioactive waste management facility is used for the purposes for which it is intended. In the case of a disposal facility, this period begins when spent fuel or radioactive waste is first placed in the facility and ends when the facility is closed.; (h) "Radioactive waste" means radioactive material in a gaseous, liquid or solid state, the further use of which is not provided for by a Contracting Party or a natural or legal person whose decision the Contracting Party recognizes, and which is controlled as radioactive waste by a regulatory authority within the framework of the legislative and regulatory framework of the Contracting Party; (i) "Radioactive waste management" means all activities, including decommissioning activities, that relate to the physical handling, pre-treatment, treatment, conditioning, storage or disposal of radioactive waste, with the exception of off-site transportation. It may also be related to resets.; (j) "Radioactive waste management facility" means any facility or facility whose primary purpose is the management of radioactive waste, including a nuclear facility in the process of decommissioning, only if it is designated by a Contracting Party as a radioactive waste management facility.; (k) "Regulatory authority" means any body or authorities authorized by a Contracting Party to regulate any aspects of the safety of spent fuel or radioactive waste management, including the issuance of licenses; (l) "Reprocessing" means a process or operation whose purpose is to extract radioactive isotopes from spent fuel for future use; (m) "Closed source" means radioactive material permanently sealed in a capsule or tightly bonded and in a solid state, with the exception of reactor fuel cells; (n) "Spent fuel" means nuclear fuel irradiated in the reactor core and permanently removed from it; (o) "spent fuel management" means all activities related to the physical handling or storage of spent fuel, with the exception of off-site transportation. It may also be related to resets.; (p) "Spent fuel management facility" means any facility or facility whose primary purpose is spent fuel management; (q) "Destination State" means the State to which a transboundary movement is planned or is being carried out; (r) "State of origin" means the State from which a transboundary movement is planned or is being carried out; (s) "Transit State" means any State other than the State of origin or destination through whose territory a transboundary movement is planned or carried out; (t) "Storage" means the containment of spent fuel or radioactive waste in a facility that isolates them with the intention of their subsequent recovery; (u) "Transboundary movement" means any transportation of spent fuel or radioactive waste from the State of origin to the State of destination.

ARTICLE 3. SCOPE OF APPLICATION

1. This Convention applies to the safety of spent fuel management resulting from the operation of civilian nuclear reactors. Spent fuel located at reprocessing facilities as part of reprocessing activities does not fall within the scope of this Convention, except in cases where a Contracting Party declares that reprocessing is part of spent fuel management. 2. This Convention also applies to the safety of radioactive waste management in cases where radioactive waste is generated as a result of civilian activities. However, this Convention does not apply to wastes that contain only natural radioactive substances and are not generated in the nuclear fuel cycle, except in cases where they are a closed source that has been decommissioned or where, for the purposes of this Convention, they have been declared radioactive waste by a Contracting Party. 3. This Convention does not apply to the safety of spent fuel or radioactive waste management in the framework of military or defense programs, except in cases where, for the purposes of this Convention, they are declared by a Contracting Party to be spent fuel or radioactive waste. However, this Convention applies to the safety of spent fuel and radioactive waste management resulting from military or defense programs, if and when such materials are finally transferred to civilian programs and handled exclusively within the framework of such programs. 4. This Convention shall also apply to discharges as provided for in articles 4, 7, 11, 14, 24 and 26.

CHAPTER 2. SAFETY OF SPENT FUEL MANAGEMENT

ARTICLE 4. GENERAL SAFETY REQUIREMENTS

Each Contracting Party shall take appropriate measures to ensure that individuals, society as a whole and the environment are adequately protected from radiological risks at all stages of spent fuel management. In doing so, each Contracting Party shall take appropriate measures to: (i) Ensure that adequate attention is paid to the issues of criticality and the removal of residual heat generated during spent fuel management; (ii) Ensure that the generation of radioactive waste related to spent fuel management is maintained at the lowest practicable level consistent with the adopted fuel cycle policy; (iii) Take into account the interdependence of the various stages in spent fuel management; (iv) Provide effective protection for individuals, society as a whole and the environment by applying appropriate protection methods at the national level, approved by the regulatory authority, within the framework of its national legislation, taking due account of internationally approved criteria and standards; (v) Take into account the biological, chemical and other risks that may be associated with the treatment of with spent fuel; vi) strive to avoid actions that have reasonably foreseeable consequences for future generations, more serious than those that are allowed for the current generation; vii) do not impose an excessive burden on future generations.

ARTICLE 5. EXISTING INSTALLATIONS

Each Contracting Party shall take appropriate measures to review the safety of any spent fuel management facility existing at the time of entry into force of the Convention for that Contracting Party and ensure that, if necessary, all reasonably practicable improvements are made to enhance the safety of such facility.

ARTICLE 6. SELECTION OF SITES FOR PROPOSED INSTALLATIONS

1. Each Contracting Party shall take appropriate measures to ensure that the following procedures are established and implemented with respect to the proposed spent fuel management facility: (i) an assessment of all relevant site-related factors that may affect the safety of such an installation during its operational life; (ii) an assessment of the likely impact of such an installation installations aimed at the safety of individuals, society as a whole and the environment; (iii) Providing information to the public about the safety of such installations; (iv) To consult with the Contracting Parties located in the vicinity of such an installation, insofar as there is a possibility that they may be affected by the installation, and to provide them, upon request, with the general installation data they need to assess the likely impact of the installation on safety in their territory. 2. In doing so, each Contracting Party shall take appropriate measures to ensure that such installations do not have an unacceptable impact on other Contracting Parties by selecting a site in accordance with the general safety requirements provided for in Article 4.

ARTICLE 7. DESIGN AND CONSTRUCTION OF INSTALLATIONS

Each Contracting Party shall take appropriate measures to ensure that: (i) When designing and constructing a spent fuel management facility, appropriate measures were taken to limit the possible radiological effects on individuals, society as a whole and the environment, including as a result of discharges or uncontrolled emissions; (ii) At the design stage, the conceptual plans and, if necessary, the technical provisions for decommissioning the spent fuel management facility were taken into account; (iii) the technologies used in the design and construction of the spent fuel management facility were confirmed by experience, testing or analysis.

ARTICLE 8. SAFETY ASSESSMENT OF INSTALLATIONS

Each Contracting Party shall take appropriate measures to ensure that: (i) Prior to the start of construction of the spent fuel management facility, a systematic safety assessment and environmental assessment were carried out, commensurate with the risk associated with the facility and covering the entire life of its operation; (ii) Prior to the start of operation of the spent fuel management facility, updated and detailed versions of the safety assessment and environmental assessment have been prepared for cases where it is deemed necessary to supplement the assessments referred to in paragraph (i).

ARTICLE 9. OPERATION OF INSTALLATIONS

Each Contracting Party shall take appropriate measures to ensure that: (i) The license to operate a spent fuel management facility was based on the relevant assessments referred to in article 8 and was subject to completion of the commissioning program confirming that the facility was in compliance with the design and meets safety requirements; (ii) The operational limits and conditions determined on the basis of the tests, operational experience and assessments referred to in Article 8 have been established and, as necessary, reviewed; (iii) the operation, maintenance, control, inspection and testing of the spent fuel management facility have been carried out in accordance with established procedures; (iv) engineering andTechnical support in all safety-related areas was provided during the lifetime of the spent fuel management facility.; (v) The license holder informed the regulatory authority in a timely manner of safety-relevant incidents; (vi) programmes were developed to collect and analyze relevant information on operational experience and, if necessary, measures were taken based on the results; (vii) Plans for decommissioning the spent fuel management facility were prepared and updated as necessary using the information received during the life of this installation, and that they are reviewed by the regulatory authority.

ARTICLE 10. SPENT FUEL DISPOSAL

If, in accordance with its legislative and regulatory framework, a Contracting Party designates spent fuel for disposal, then the disposal of such spent fuel is carried out in accordance with the obligations set out in Chapter 3, which concerns the disposal of radioactive waste.

CHAPTER 3. SAFETY OF RADIOACTIVE WASTE MANAGEMENT

ARTICLE 11. GENERAL SAFETY REQUIREMENTS

Each Contracting Party shall take appropriate measures to ensure that individuals, society as a whole and the environment are adequately protected from radiological and other risks at all stages of radioactive waste management. In doing so, each Contracting Party shall take appropriate measures in order to: (i) Ensure that adequate attention is paid to the issues of criticality and the removal of residual heat generated during radioactive waste management; (ii) Ensure that the generation of radioactive waste is maintained at the lowest practicable level; (iii) Take into account the interdependence of the various stages of radioactive waste management; (iv) Ensure effective protection of individuals, society as a whole and the environment by applying appropriate protection methods at the national level, approved by the regulatory authority, within the framework of its national legislation, as appropriate in a manner that takes into account internationally approved criteria and standards; (v) To take into account the biological, chemical and other risks that may be associated with the management of radioactive waste; (vi) To strive to avoid actions that have reasonably foreseeable consequences for future generations, more serious than those allowed for the current generation; (vii) not to impose an excessive burden on future generations.

ARTICLE 12. EXISTING INSTALLATIONS AND PRACTICAL ACTIVITIES IN THE PAST

Each Contracting Party shall take appropriate measures in a timely manner to review: (i) The safety of any radioactive waste management facility existing at the time of entry into force of this Convention for that Contracting Party, and ensuring that, if necessary, all reasonably practicable improvements are made to enhance the safety of such facility; ii) the results of past practice in order to determine the need for any intervention for reasons of radiation protection, given that the reduction of harmful effects resulting from dose reduction should be sufficient to justify the damage and costs, including the social costs associated with such intervention.

ARTICLE 13. SELECTION OF SITES FOR PROPOSED INSTALLATIONS

1. Each Contracting Party shall take appropriate measures to ensure that the following procedures are established and implemented with respect to the proposed radioactive waste management facility: i) assessment of all relevant site-related factors that may affect the safety of such facility during its operational life, as well as disposal facilities after closure; (ii) Assessing the likely impact of such an installation on the safety of individuals, society as a whole and the environment, taking into account possible changes in the condition of landfill sites after their closure; (iii) Providing information to the public about the safety of such an installation; (iv) To consult with the Contracting Parties located in the vicinity of such an installation, insofar as there is a possibility that they may be affected by the installation, and to provide them, upon request, with the general installation data they need to assess the likely impact of the installation on safety in their territory. 2. In doing so, each Contracting Party shall take appropriate measures to ensure that such installations do not have an unacceptable impact on other Contracting Parties by selecting a site in accordance with the general safety requirements provided for in Article 11.

ARTICLE 14. DESIGN AND CONSTRUCTION OF INSTALLATIONS

Each Contracting Party shall take appropriate measures to ensure that: (i) When designing and constructing a radioactive waste management facility, appropriate measures were taken to limit the possible radiological effects on individuals, society as a whole and the environment, including as a result of discharges or uncontrolled releases; (ii) At the design stage, conceptual plans and, if necessary, technical provisions for decommissioning a radioactive waste management facility other than a disposal facility were taken into account; (iii) at the design stage, technical provisions for closing the disposal facility were prepared; (iv) technologies used in the design and construction of the facility for radioactive waste management, have been confirmed by experience, testing or analysis.

ARTICLE 15. SAFETY ASSESSMENT OF INSTALLATIONS

Each Contracting Party shall take appropriate measures to ensure that: (i) Prior to the start of construction of the radioactive waste management facility, a systematic safety assessment and environmental assessment were carried out, commensurate with the risk associated with the facility and covering its operational life; (ii) In addition, prior to the start of construction of the disposal facility, a systematic safety assessment and environmental assessment were carried out for the period after closure, as well as an assessment results based on criteria established by the regulatory body; (iii) Prior to the start of operation of the radioactive waste management facility, updated and detailed versions of the safety assessment and environmental assessment have been prepared in cases where it is deemed necessary to supplement the assessments referred to in paragraph (i).

ARTICLE 16. OPERATION OF INSTALLATIONS

Each Contracting Party shall take appropriate measures to ensure that: (i) The license for the operation of a radioactive waste management facility was based on the relevant assessments referred to in article 15 and was dependent on the completion of the commissioning program confirming that the facility was in accordance with the design and meets safety requirements; (ii) The operational limits and conditions determined on the basis of the tests, operational experience and assessments referred to in article 15 have been established and, as necessary, reviewed; (iii) The operation, maintenance, control, inspection and testing of the radioactive waste management facility have been carried out in accordance with established procedures. In the case of a disposal facility, the results obtained in this way are used to verify and review the validity of the assumptions made and to update the estimates referred to in article 15 for the period after closure; (iv) Engineering and technical support in all safety-related areas was provided during the life of the radioactive waste management facility; (v) procedures for characterization and sorting of radioactive waste were applied; vi) the license holder informed the regulatory authority in a timely manner about incidents significant from the point of view of safety; vii) programs for collecting and analyzing relevant information on operational experience were developed and, if necessary, measures were taken based on the results; viii) plans for decommissioning a radioactive waste management facility other than a disposal facility were prepared and, as necessary, updated using information obtained during the life of this installation, and that they are reviewed by the regulatory authority.; (ix) Plans for the closure of a landfill facility are prepared and updated as necessary, using information obtained during the life of the facility and for them to be reviewed by the regulatory authority.

ARTICLE 17. DEPARTMENTAL CONTROL MEASURES AFTER CLOSURE

Each Contracting Party shall take appropriate measures to ensure that after the closure of the disposal facility: (i) Records relating to the location, design and contents of the facility were maintained, as required by the regulatory authority; (ii) active or passive departmental controls, such as monitoring or access restrictions, were carried out, if necessary.; and iii) if an unplanned release of radioactive materials into the environment is detected during any period of active departmental control, intervention measures are taken when necessary.

CHAPTER 4. GENERAL SAFETY PROVISIONS

ARTICLE 18. IMPLEMENTATION MEASURES

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

ARTICLE 19. LEGISLATIVE AND REGULATORY FRAMEWORK

1. Each Contracting Party shall establish and maintain a legislative and regulatory framework to ensure the safety of spent fuel and radioactive waste management. 2. This legislative and regulatory framework provides for: (i) The introduction of appropriate national safety requirements and regulations on radiation safety; (ii) A licensing system for activities in the field of spent fuel and radioactive waste management; (iii) A system prohibiting the operation of a spent fuel or radioactive waste management facility without a license; (iv) a system of appropriate departmental and regulatory control, as well as documentation and reporting; (v) Enforcement measures to comply with applicable regulations and license terms; (vi) a clear allocation of responsibilities for authorities dealing with various stages of spent fuel management and radioactive waste. 3. When considering the application of regulation to radioactive materials as radioactive waste, the Contracting Parties shall give due consideration to the objectives of this Convention.

ARTICLE 20. REGULATORY BODY

1. Each Contracting Party shall establish or appoint a regulatory body charged with the implementation of the legislative and regulatory framework referred to in Article 19 and which shall be endowed with appropriate powers, competence and financial and human resources to carry out its assigned duties. 2. Each Contracting Party, in accordance with its legislative and regulatory framework, shall take appropriate measures to ensure effective independence of regulatory functions from other functions in cases where organizations deal with both spent fuel or radioactive waste management and the application of regulation to them.

ARTICLE 21. RESPONSIBILITY OF THE LICENSE HOLDER

1. Each Contracting Party shall ensure that the primary responsibility for the safety of spent fuel or radioactive waste management is assigned to the holder of the appropriate license, and shall take appropriate measures to ensure that each such license holder fulfills his duties. 2. If there is no such license holder or other responsible party, the responsibility is assigned to the Contracting Party that has jurisdiction over spent fuel or radioactive waste.

ARTICLE 22. HUMAN AND FINANCIAL RESOURCES

Each Contracting Party shall take appropriate measures to ensure that: (i) Qualified personnel were available to carry out safety activities during the operational life of the spent fuel and radioactive waste management facility; (ii) Sufficient financial resources were available to maintain the safety of spent fuel and radioactive waste management facilities during their operational life and to decommission operation; (iii) Financial support has been provided to enable the implementation of appropriate departmental control and surveillance measures for a period deemed necessary after the closure of the disposal facility.

ARTICLE 23. QUALITY ASSURANCE

Each Contracting Party shall take the necessary measures to ensure that appropriate quality assurance programmes are developed and implemented with regard to the safety of spent fuel and radioactive waste management.

ARTICLE 24. RADIATION PROTECTION DURING OPERATION

1. Each Contracting Party shall take appropriate measures to ensure that, during the life of a spent fuel or radioactive waste management facility: (i) Radiation exposure to personnel and the public caused by the facility is maintained at a reasonably achievable low level, taking into account economic and social factors; (ii) No person under normal conditions received radiation doses exceeding the established national dose limits, taking due account of internationally approved standards in the field of radiation protection; and (iii) measures were taken to prevent unplanned and uncontrolled releases of radioactive materials into the environment. 2. Each Contracting Party shall take appropriate measures to ensure that discharges are limited to: (i) maintaining radiation exposure at a reasonably achievable low level, taking into account economic and social factors; and (ii) in such a way that no person under normal conditions receives radiation doses exceeding established national dose limits, taking due account of approved international standards in the field of radiation protection. 3. Each Contracting Party shall take appropriate measures to ensure that, during the operational life of a regulated nuclear installation, appropriate corrective measures are taken in the event of an unplanned or uncontrolled release of radioactive materials into the environment in order to control the release and mitigate its consequences.

ARTICLE 25. EMERGENCY PREPAREDNESS

1. Each Contracting Party shall ensure that, prior to and during the operation of the spent fuel and radioactive waste management facility, appropriate contingency plans are in place on site and, if necessary, off-site. Checks of the validity of such contingency plans should be carried out as often as necessary. 2. Each Contracting Party shall take appropriate measures to prepare and verify the operation of emergency plans for its territory insofar as there is a possibility that it may be exposed in the event of a radiation emergency at a spent fuel or radioactive waste management facility near its territory.

ARTICLE 26. DECOMMISSIONING

Each Contracting Party shall take appropriate measures to ensure the safety of decommissioning of a nuclear installation. Such measures include: (i) the availability of qualified personnel and sufficient financial resources; (ii) the application of the provisions of article 24 in relation to radiation protection, discharges and unplanned and uncontrolled releases during operation; (iii) the application of the provisions of article 25 in relation to emergency preparedness; and (iv) the maintenance of documentation of information important for decommissioning.

CHAPTER 5. VARIOUS PROVISIONS

ARTICLE 27. CROSS-BORDER MOVEMENT

1. Each Contracting Party involved in cross-border movement shall take appropriate measures to ensure that such movement is carried out in compliance with the provisions of this Convention and the relevant international legal instruments having binding force. At the same time: i) The Contracting Party, the State of origin, shall take appropriate measures to ensure that cross-border movement is permitted and occurs only upon prior notification and with the consent of the State of destination.; (ii) Cross-border movement through transit States is subject to the fulfillment of those international obligations that correspond to the specific modes of transport used; (iii) A Contracting Party, the State of destination, consents to a transboundary movement only if it has the administrative and technical capabilities, as well as the regulatory framework necessary for the management of spent fuel or radioactive waste in a manner consistent with this Convention.; iv) A Contracting Party, the State of origin, permits cross-border movement only if, in accordance with the consent of the State of destination, it can verify that the requirements of subparagraph (iii) are met before the start of cross-border movement.; (v) The Contracting Party, the State of origin, shall take appropriate measures to grant permission for return to its territory if the cross-border movement has not been carried out or cannot be carried out in accordance with this article, provided that alternative safe measures cannot be implemented. 2. A Contracting Party shall not issue a license to send its spent fuel or its radioactive waste for storage or burial to a destination south of 60 degrees south latitude. 3. Nothing in this Convention shall prejudice or affect: (i) The exercise by ships and aircraft of all States of the rights and freedoms of maritime and river navigation and air navigation, as provided for in international law; (ii) the rights of the Contracting Party to which radioactive waste is exported for processing, to return or ensure the return to the State of origin of radioactive waste and other processed products; (iii) the right of the Contracting Party to export its spent fuel for reprocessing; (iv) The rights of the Contracting Party to which spent fuel is exported for reprocessing to return or ensure the return to the State of origin of radioactive waste and other products resulting from reprocessing operations.

ARTICLE 28. DISUSED CLOSED SOURCES

1. Each Contracting Party, within the framework of its national legislation, shall take appropriate measures to ensure the safe possession of disused closed sources, processing or burial of these sources. 2. A Contracting Party shall permit the return of disused closed sources to its territory if, within the framework of its national legislation, it recognizes that they must be returned to a manufacturer qualified to receive and possess disused closed sources.

CHAPTER 6. MEETINGS OF THE CONTRACTING PARTIES

ARTICLE 29. PREPARATORY MEETING

1. The Preparatory Meeting of the Contracting Parties shall be held no later than six months after the entry into force of this Convention. 2. At this meeting, the Contracting Parties: (i) Determine the date of the first review meeting referred to in article 30. The said review meeting shall be held as soon as possible, but not later than thirty months after the entry into force of this Convention; (ii) Prepare and adopt by consensus Rules of Procedure and Financial Rules; (iii) Determine, inter alia, and in accordance with the Rules of Procedure: (a) guidelines on the form and structure of national reports to be submitted pursuant to article 32; (b) the date of submission of such reports; and (c) the review process for such reports. 3. Any State or regional organization of an integration or other nature that ratifies, accepts, approves, accedes to or confirms this Convention and for which this Convention has not yet entered into force may attend the preparatory meeting as if it were a party to this Convention.

ARTICLE 30. REVIEW MEETINGS

1. The Contracting Parties shall hold meetings for the purpose of considering reports submitted pursuant to Article 32.2. At each review meeting, the Contracting Parties: (i) Determine the date of the next such meeting, with review meetings held at intervals not exceeding three years; (ii) May review measures taken in accordance with paragraph 2 of article 29 and adopt amendments by consensus, unless otherwise provided in the Rules of Procedure. They may also amend the Rules of Procedure and Financial Rules by consensus. 3. At each review meeting, each Contracting Party shall have a reasonable opportunity to discuss reports submitted by other Contracting Parties and to seek clarification on such reports.

ARTICLE 31. EXTRAORDINARY MEETINGS

An extraordinary meeting of the Contracting Parties shall be held: (i) If such a decision is taken by a majority of the Contracting Parties present at the meeting and voting; or (ii) at the written request of a Contracting Party, no later than six months after the request has been transmitted to the Contracting Parties and the secretariat has received notification referred to in Article 37 that the request has been supported. by a majority of the Contracting Parties.

ARTICLE 32. SUBMISSION OF REPORTS

1. In accordance with the provisions of Article 30, each Contracting Party submits a national report to each review meeting of the Contracting Parties. This report examines the measures taken to implement each of the obligations set out in the Convention. For each Contracting Party, the report also examines its: (i) spent fuel management policy; (ii) spent fuel management practices; and (iii) radioactive waste management policy; (iv) Radioactive waste management practices; (v) Criteria used to identify and classify radioactive waste. 2. This report also includes: (i) A list of spent fuel management facilities covered by this Convention, their location, main purpose and essential characteristics; (ii) an inventory list of spent fuel covered by this Convention, which is contained in a storage facility and which has been buried. This inventory list contains a description of the material and contains information, if any, on its mass and general activity level; (iii) a list of radioactive waste management facilities subject to this Convention, their location, main purpose and essential characteristics; (iv) an inventory list of radioactive waste subject to of this Convention, which: (a) are kept in storage at facilities for the management of radioactive waste and nuclear fuel cycle facilities; (b) have been buried; or c) are the result of past practice.  This inventory contains a description of the material and other relevant information, such as information on volume or mass, activity and specific radionuclides; v) a list of nuclear facilities in the process of decommissioning and the status of decommissioning activities at these facilities.

ARTICLE 33. PARTICIPATION IN MEETINGS

1. Each Contracting Party shall participate in meetings of the Contracting Parties and shall be represented at such meetings by one delegate and such alternates, experts and advisers as it deems necessary. 2. The Contracting Parties may invite, by consensus, any intergovernmental organization that is competent in matters governed by this Convention to participate as an observer in the work of any meeting or its individual meetings. Observers must first accept the provisions of article 36 in writing.

ARTICLE 34. FINAL REPORTS

The Contracting Parties shall adopt by consensus and submit to the public a document setting out the issues discussed and conclusions reached during the meetings of the Contracting Parties.

ARTICLE 35. LANGUAGES

1. The languages of the 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 32 shall be prepared in the official language of the submitting Contracting Party or in a single prescribed language, which must be agreed upon in the Rules of Procedure. If the report is submitted in an official language that is not an established language, the Contracting Party shall ensure that the report is translated into the established language. 3. Notwithstanding the provisions contained in paragraph 2, in the event of compensation, the secretariat will undertake to ensure that reports submitted in any other language of the meeting are translated into the designated language.

ARTICLE 36. CONFIDENTIALITY

1. The provisions of this Convention shall not affect the rights and obligations of the Contracting Parties to protect information from disclosure stipulated in their legislation. For the purposes of this article, "information" includes, in particular, information related to national security or the physical protection of nuclear materials, information protected by intellectual property rights or requirements of industrial or commercial confidentiality, as well as personal information. 2. If, in the context of this Convention, a Contracting Party submits information that it defines as protected in accordance with the description set out in paragraph 1, such information shall be used only for the purposes for which it was provided and its confidentiality shall be respected. 3. With respect to information related to spent fuel or radioactive waste covered by this Convention by virtue of paragraph 3 of Article 3, the provisions of this Convention shall not affect the exclusive right of the Contracting Party concerned to decide: (i) Whether such information is classified or otherwise controlled in order to prevent its disclosure; (ii) Whether the information referred to in paragraph (i) above should be provided in the context of this Convention.; and (iii) what confidentiality conditions apply to such information if it is provided in the context of this Convention. 4. The content of the debate during the consideration of national reports at all review meetings held in accordance with article 30 is confidential.

ARTICLE 37. THE SECRETARIAT

1. The International Atomic Energy Agency (hereinafter referred to as the "Agency") performs the functions of the secretariat for meetings of the Contracting Parties. 2. The Secretariat shall: (i) convene, prepare and serve the meetings of the Contracting Parties referred to in Articles 29, 30 and 31; (ii) transmit to the Contracting Parties information received or prepared in accordance with the provisions of this Convention. The costs incurred by the Agency in performing the functions referred to in subparagraphs (i) and (ii) above shall be borne by the Agency within its regular budget. 3. The 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 provided within its program and regular budget. If this is not possible, the Agency may provide such services, subject to securing voluntary funding from another source.

CHAPTER 7. FINAL ARTICLES AND OTHER PROVISIONS

ARTICLE 38. DISPUTE RESOLUTION

In the event of a disagreement between two or more Contracting Parties regarding the interpretation or application of this Convention, the Contracting Parties shall consult within the framework of the meeting of the Contracting Parties in order to resolve this disagreement. If consultations prove to be unproductive, mediation, conciliation and arbitration mechanisms provided for by international law, including the applicable rules and practices applied by the IAEA, can be resorted to.

ARTICLE 39. SIGNATURE, RATIFICATION, ACCEPTANCE, APPROVAL, ACCESSION

1. This Convention shall be open for signature by all States at the Agency's Headquarters in Vienna from 29 September 1997 until its entry into force. 2. This Convention is subject to ratification, acceptance or approval by the signatory States. 3. After the entry into force of this Convention, it is open for accession by all States. 4. (i) This Convention is open for signature, subject to its confirmation or accession, by regional organizations of an integration or other nature, provided that any such organization is established by sovereign States and has competence to negotiate, conclude and apply international agreements on matters covered by this Convention. ii) In matters within their competence, such organizations, on their own behalf, shall exercise the rights and perform the duties conferred by this Convention on the States Parties.; iii) When such an organization becomes a party to this Convention, it shall transmit to the Depositary referred to in article 43 a declaration indicating which States are its members, which articles of this Convention apply to it and what is the scope of its competence in the field covered by these articles. (iv) Such an organization does not have any voice in addition to the votes of its member States. 5. The instruments of ratification, acceptance, approval, accession or confirmation shall be deposited with the Depositary.

ARTICLE 40. ENTRY INTO FORCE

1. This Convention shall enter into force on the ninetieth day after the deposit of the twenty-fifth instrument of ratification, acceptance or approval, including the documents of fifteen States, each of which operates a nuclear power plant. 2. For each State or regional organization of an integration or other nature that ratifies, accepts, approves, accedes to, or confirms this Convention after the deposit of the last instrument necessary to meet the conditions set out in paragraph 1, this Convention shall enter into force on the ninetieth day after the deposit of the relevant instrument with the Depositary by such State. or an organization.

ARTICLE 41. AMENDMENTS TO THE CONVENTION

1. Any Contracting Party may propose an amendment to this Convention. The proposed amendments are considered at a review meeting or at an extraordinary meeting. 2. The text of any proposed amendment and the justification for its submission shall be transmitted to the Depositary, who shall transmit it to the Contracting Parties at least ninety days before the meeting at which the proposal is submitted for consideration. Any comments received on such a proposal shall be distributed by the Depositary to the Contracting Parties. 3. After considering the proposed amendment, the Contracting Parties shall decide on its adoption by consensus, or in the absence of such consensus, on its submission to the diplomatic conference. A two-thirds majority vote of the Contracting Parties present at the meeting and voting is required for the diplomatic conference to decide on the submission of the proposed amendment, provided that at least half of the Contracting Parties are present during the voting. 4. A diplomatic conference to consider and adopt amendments to this Convention shall be convened by the Depositary and held no later than one year after the relevant decision taken pursuant to paragraph 3 of this article. The Diplomatic Conference shall make every effort to ensure that amendments are adopted by consensus. If this is not possible, the amendments shall be adopted by a two-thirds majority vote of all the Contracting Parties. 5. Amendments to this Convention adopted in accordance with 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 that have ratified, accepted, approved or confirmed them on the ninetieth day after the receipt by the Depositary of the relevant documents from at least two thirds of the Contracting Parties. For a Contracting Party that subsequently ratifies, accepts, approves or confirms the said amendments, these amendments shall enter into force on the ninetieth day after that Contracting Party has deposited its relevant instrument.

ARTICLE 42. DENUNCIATION

1. Any Contracting Party may denounce this Convention by giving written notification to the Depositary. 2. The denunciation shall take effect one year after the date of receipt of such notification by the Depositary or at such later date as may be specified in the notification.

ARTICLE 43. THE 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 signing of this Convention and the deposit of instruments of ratification, acceptance, approval, accession or confirmation in accordance with Article 39; (ii) the date of entry into force of the Convention in accordance with article 40; (iii) notifications of denunciation of the Convention and the date of such denunciation in accordance with article 42; (iv) Proposed amendments to this Convention submitted by the Contracting Parties, amendments adopted by the relevant diplomatic conference or meeting of the Contracting Parties, and the date of entry into force of the said amendments, in accordance with Article 41.

ARTICLE 44. AUTHENTIC TEXTS

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

IN WITNESS WHEREOF, THE UNDERSIGNED, BEING DULY AUTHORIZED THERETO, HAVE SIGNED THIS CONVENTION.

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

The RCPI's note. The following is the text of the Convention in Arabic, Chinese, English, French and Spanish.

President

Republic of Kazakhstan

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