On the ratification of the Convention on Nuclear Safety

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Law of the Republic of Kazakhstan dated February 3, 2010 No. 245-IV

To ratify the Convention on Nuclear Safety, adopted in Vienna on June 17, 1994.

President of the Republic of Kazakhstan N. NAZARBAYEV

CONVENTION ON NUCLEAR SAFETY

(Bulletin of International Treaties of the Republic of Kazakhstan, 2010, No. 5, Article 33) (Entered into force on June 8, 2010)

THE PREAMBLE

The CONTRACTING PARTIES, (i) Considering the importance to the international community of ensuring that the use of nuclear energy is safe, well-regulated and environmentally sound; (ii) Affirming the need to continuously contribute to maintaining a high level of nuclear safety worldwide; (iii) Affirming that responsibility for nuclear safety lies with the State under its jurisdiction (iv) Desiring to promote an effective nuclear safety culture; (v) Considering that accidents at nuclear facilities have the potential for transboundary impacts; (vi) Taking into account 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 Event of a Nuclear Accident or Radiological Emergency (1986); vii) Reaffirming the importance of international cooperation to strengthen nuclear safety based on existing bilateral and multilateral mechanisms and the adoption of this Convention Incentive Convention; (viii) Recognizing that this Convention provides for an obligation to apply fundamental safety principles for nuclear installations rather than detailed safety standards, and that there are internationally formulated safety guidelines that are periodically updated and can thus serve as guidance on modern means of achieving a high level of safety.; ix) Affirming the need to immediately begin the development of an international convention on the safety of radioactive waste management, as soon as broad international agreement is reached as a result of the ongoing process of developing a safety framework for waste management; x) Recognizing the usefulness of further technical work in connection with safety at other stages of the nuclear fuel cycle and that this work can to contribute over time to the development of existing or future international legal instruments; AGREED as follows:

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 nuclear safety worldwide through the strengthening of national measures and international cooperation, including, where appropriate, technical cooperation in the field of safety; (ii) To establish and maintain effective safeguards against potential radiation hazards in nuclear installations in order to protect individuals, society as a whole and the environment from the harmful effects of ionizing radiation from such installations; (iii) To prevent accidents with radiological consequences and to mitigate such consequences if they occur.

ARTICLE 2. DEFINITIONS

For the purposes of this Convention: (i) "Nuclear facility" means, for each Contracting Party, any onshore civil nuclear power plant under its jurisdiction, including such storage facilities and facilities for processing and reprocessing radioactive materials located at the same site and directly related to the operation of the nuclear power plant. Such a plant ceases to be a nuclear installation when all nuclear fuel elements are finally removed from the reactor core and safely stored in accordance with approved regulations, and a decommissioning program has been agreed with the regulatory authority.; (ii) "Regulatory authority" means, for each Contracting Party, any authority or bodies authorized by that Contracting Party to issue licenses and regulate activities related to site selection, design, construction, commissioning, operation or decommissioning of nuclear installations; (iii) "License" means any authorization issued by the regulatory authority to the applicant, according to which the latter is responsible for site selection, design, construction, commissioning, operation or decommissioning of a nuclear installation.

ARTICLE 3. SCOPE OF APPLICATION

This Convention applies to the safety of nuclear installations.

CHAPTER 2. OBLIGATIONS

a) General provisions

ARTICLE 4. IMPLEMENTATION MEASURES

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

ARTICLE 5. SUBMISSION OF REPORTS

Each Contracting Party, prior to the beginning of each meeting referred to in Article 20, submits for consideration a report on the measures it has taken to implement each of the obligations arising from this Convention.

ARTICLE 6. EXISTING NUCLEAR INSTALLATIONS

Each Contracting Party shall take appropriate measures to ensure that the safety of nuclear installations available at the time of entry into force of this Convention for that Contracting Party is reviewed as soon as possible. When necessary in the context of this Convention, the Contracting Party shall ensure the prompt implementation of all practicable improvements to enhance the safety of a nuclear installation. If such an increase cannot be achieved, plans should be implemented to shut down the nuclear facility as soon as practicable. When determining the timing of the shutdown, the situation in the energy sector as a whole and possible alternatives, as well as social, environmental and economic impacts, can be taken into account.

(b) Legislation and regulation

ARTICLE 7. LEGISLATIVE AND REGULATORY FRAMEWORK

1. Each Contracting Party shall establish and maintain a legislative and regulatory framework for ensuring the safety of nuclear installations. 2. The legislative and regulatory framework provides for: (i) The introduction of appropriate national safety requirements and regulations; (ii) a licensing system for nuclear installations and the prohibition of operating a nuclear installation without a license; (iii) A regulatory control and evaluation system for nuclear installations to verify compliance with applicable regulations and license conditions; iv) ensuring compliance with applicable regulations and license terms, including suspension, modification or cancellation.

ARTICLE 8. 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 7, and which shall be endowed with the appropriate powers, competence and financial and human resources necessary to carry out its assigned duties. 2. Each Contracting Party shall take appropriate measures to ensure an effective separation of the functions of the regulatory body and those of any other bodies or organizations that promote the use or utilization of nuclear energy.

ARTICLE 9. RESPONSIBILITY OF THE LICENSE HOLDER

Each Contracting Party shall ensure that the primary responsibility for the safety of a nuclear installation is assigned to the holder of the relevant license, and shall take appropriate measures to ensure that each such license holder fulfills his duties.

ARTICLE 10. PRIORITY OF SAFETY

Each Contracting Party shall take appropriate measures to ensure that all organizations engaged in activities directly related to nuclear installations implement policies that give priority to nuclear safety.

ARTICLE 11. FINANCIAL AND HUMAN RESOURCES

1. Each Contracting Party shall take appropriate measures to ensure that appropriate financial resources are available to maintain the safety of each nuclear installation throughout its life cycle. 2. Each Contracting Party shall take appropriate measures to ensure that, for all safety activities carried out at or in connection with each nuclear installation, a sufficient number of qualified personnel with an appropriate level of education, training and retraining are available throughout its entire life cycle.

ARTICLE 12. THE HUMAN FACTOR

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

ARTICLE 13. QUALITY ASSURANCE

Each Contracting Party shall take appropriate measures to ensure that quality assurance programmes are developed and implemented in order to ensure that the requirements specified therein for all activities important to nuclear safety are met throughout the life cycle of a nuclear installation.

ARTICLE 14. SAFETY ASSESSMENT AND VERIFICATION

Each Contracting Party shall take appropriate measures to ensure that: (i) Comprehensive and systematic safety assessments were conducted prior to the start of construction and commissioning of a nuclear installation and throughout its life cycle. Such assessments are reflected in detail in documents, subsequently updated in the light of operational experience and important new safety information, and reviewed within the competence of the regulatory authority.; (ii) Through analysis, observation, testing and inspection, the nuclear installation has been verified to ensure that its technical condition and operating conditions consistently comply with project requirements, applicable national safety requirements and operational limits and conditions.

ARTICLE 15. RADIATION PROTECTION

Each Contracting Party shall take appropriate measures to ensure that, in all operational conditions, radiation exposure to personnel and the public caused by a nuclear installation is maintained at a reasonably achievable low level and that no person receives radiation doses exceeding established national dose limits.

ARTICLE 16. EMERGENCY PREPAREDNESS

1. Each Contracting Party shall take appropriate measures to ensure that nuclear installations have on-site and off-site contingency plans, which are periodically reviewed and which cover the activities to be carried out in the event of an emergency. For any new nuclear installation, such plans are prepared and worked out before it starts operating at a capacity exceeding the low level agreed with the regulatory authority. 2. Each Contracting Party shall take appropriate measures to ensure that its own population and the competent authorities of States located near a nuclear installation receive appropriate information for emergency planning and response, as there is a possibility that the population of these States may be exposed as a result of a radiation emergency. 3. The Contracting Parties that do not have nuclear installations on their territory, since there is a possibility that they may be exposed in the event of a radiation emergency at a nearby nuclear installation, shall take appropriate measures to ensure the preparation and elaboration of contingency plans that cover the activities to be carried out in the event of such an emergency.

d) Installation safety

ARTICLE 17. SITE SELECTION

Each Contracting Party shall take appropriate measures to ensure that appropriate procedures are developed and implemented: (i) to assess all relevant site-related factors that may affect the safety of a nuclear installation during its projected life cycle; (ii) to assess the likely impact of a proposed nuclear installation on individuals, society as a whole, and the environment from the point of view of safety; (iii) Reassess, as necessary, all relevant factors mentioned in subparagraphs (i) and (ii) in order to ensure that the nuclear installation remains acceptable from a safety point of view; (iv) Consultations with the Contracting Parties located near the proposed nuclear installation, as there is a possibility that they may be affected by this installation, and providing, upon request, the necessary information to such Contracting Parties so that they can assess and analyze for themselves the likely impact of the nuclear installation on safety in their own territory.

ARTICLE 18. DESIGN AND CONSTRUCTION

Each Contracting Party shall take appropriate measures to ensure that: (i) The design and construction of the nuclear installation provided for several reliable levels and methods of protection (deep-layered protection) from the release of radioactive materials in order to prevent accidents and mitigate their radiological consequences if they occur; (ii) The technologies incorporated in the design and used in the construction of the nuclear installation have been tested by experience or certified based on testing or analysis; (iii) The design of the nuclear installation allowed for reliable, sustainable and easily secured operation with special consideration for the human factor and the interaction of man and machine.

ARTICLE 19. EXPLOITATION

Each Contracting Party shall take appropriate measures to ensure that: (i) The initial authorization for the operation of a nuclear installation was based on an appropriate safety analysis and commissioning program, which show that the constructed installation meets the design and safety requirements; (ii) In order to define the boundaries of safe operation, operational limits and conditions were established and, as necessary, reviewed based on safety analysis, tests and operational experience; (iii) The operation, maintenance, inspection and testing of the nuclear installation were carried out in accordance with approved regulations; (iv) regulations were introduced defining response actions in case of accidents and accidents expected during operation; (v) The necessary engineering and technical support in all areas important for safety was provided throughout the life cycle of the nuclear installation; (vi) the holder of the relevant license promptly informed the regulatory authority about incidents significant from the point of view of security; (vii) Programmes for the collection and analysis of operational experience information have been developed, actions have been taken on the results and conclusions obtained, and existing mechanisms for the transfer of important experience to international bodies, as well as other operating organizations and regulatory bodies, have been used; (viii) The production of radioactive waste from the operation of a nuclear installation should be maintained at the minimum level practicable for the relevant process, both in activity and volume, and that any necessary reprocessing and storage of spent fuel and waste directly related to operation at the same site where the nuclear installation is located should take into account aspects of conditioning and burial.

CHAPTER 3. MEETINGS OF THE CONTRACTING PARTIES

ARTICLE 20. REVIEW MEETINGS

1. The Contracting Parties shall hold meetings (hereinafter referred to as "review meetings") for the purpose of reviewing reports submitted pursuant to Article 5 in accordance with the procedures adopted pursuant to Article 22.2. Subject to the provisions of Article 24 During the review meetings, if necessary, subgroups consisting of representatives of the Contracting Parties may be established and function for the purpose of considering specific issues contained in the reports. 3. Each Contracting Party shall have the opportunity, within reasonable limits, to discuss reports submitted by other Contracting Parties and to receive clarifications on such reports.

ARTICLE 21. SCHEDULE

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 preparatory meeting, the Contracting Parties shall determine the date of the first review meeting. 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. 3. At each review meeting, the Contracting Parties shall determine the date of the next such meeting. Review meetings are held at intervals of no more than three years.

ARTICLE 22. PROCEDURAL ISSUES

1. At the preparatory meeting held pursuant to Article 21, the Contracting Parties shall develop and adopt by consensus Rules of Procedure and Financial Regulations. The Contracting Parties, in particular and in accordance with the Rules of Procedure, shall determine: (i) Guidelines on the form and structure of the reports to be submitted pursuant to Article 5; (ii) the time frame for the submission of such reports; (iii) the review process for such reports. 2. At review meetings, the Contracting Parties may, if necessary, consider the issues provided for in subparagraphs (i) to (iii) above 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.

ARTICLE 23. 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, and the Parties abstaining from voting are considered to be voting; or (ii) at the written request of a Contracting Party not later than six months after the transmission of such a request to the Contracting Parties and receipt by the secretariat referred to in Article 28, notification that this request is supported by the majority of the Contracting Parties.

ARTICLE 24. 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 27 in writing.

ARTICLE 25. SUMMARY REPORTS

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

ARTICLE 26. 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 Articles 5 are prepared in the official language of the Contracting Party representing them or in a single established 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 undertakes to ensure that reports submitted in any other language of the meeting are translated into the designated language.

ARTICLE 27. CONFIDENTIALITY

1. The provisions of this Convention shall not affect the rights and obligations of the Contracting Parties to protect information from disclosure provided for in their legislation. For the purposes of this Article, "information" includes, in particular, (i) personal information; (ii) information protected by intellectual property rights or industrial or commercial confidentiality requirements; and (iii) information related to national security or the physical protection of nuclear materials or nuclear installations. 2. If, in the context of this Convention, a Contracting Party provides information that it defines as protected in accordance with the procedure 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. The content of the debates during the consideration of the reports of the Contracting Parties at all meetings is confidential.

ARTICLE 28. 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: (i) convenes, prepares and services meetings of the Contracting Parties; (ii) transmits 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 the meetings of the Contracting Parties. The Agency can provide such services if they can be implemented 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 4. FINAL ARTICLES AND OTHER PROVISIONS

ARTICLE 29. DISPUTE RESOLUTION

In the event of 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 these differences.

ARTICLE 30. SIGNATURE, RATIFICATION, ACCEPTANCE, APPROVAL, ACCESSION

1. This Convention shall be open for signature by all States at the Agency's Headquarters in Vienna from 20 September 1994 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 or accession by organizations of a regional 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 shall, on their own behalf, exercise the rights and obligations 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 34 a declaration indicating which States are its members, which articles of this Convention apply to it and the scope of its competence in the field covered by those 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 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 deposit of the twenty-second instrument of ratification, acceptance or approval with the Depositary, including documents from seventeen States, each of which has at least one nuclear installation in which criticality has been achieved in the reactor core. 2. For each State or regional integration organization that ratifies, accepts, approves or accedes to this Convention, after the deposit of the last instrument necessary to fulfill the conditions specified 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 organization.

ARTICLE 32. 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 immediately and 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. The parties abstaining from voting are considered to be participating in 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 in accordance with 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 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 three quarters 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 33. 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 the notification by the Depositary, or at such later date as may be specified in the notification.

ARTICLE 34. 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) signatures of this Convention and the deposit of instruments of ratification, acceptance, approval or accession in accordance with Article 30; (ii) the date of entry into force of the Convention in accordance with Article 31; (iii) notifications of denunciation of the Convention and the date of such denunciation in accordance with Article 33; (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 32.

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 transmit certified copies thereof to the Contracting Parties.

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

Done in Vienna on the 17th day of June, 1994.

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

President

Republic of Kazakhstan

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