On ratification of the Convention on Early Notification of a Nuclear Accident

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Law of the Republic of Kazakhstan dated February 3, 2010 No. 243-IV

To ratify the Convention on Early Notification of a Nuclear Accident, adopted in Vienna on September 26, 1986.

President  Of the Republic of Kazakhstan N. NAZARBAYEV

CONVENTION ON EARLY NOTIFICATION OF A NUCLEAR ACCIDENT

(Bulletin of International Treaties of the Republic of Kazakhstan, 2010, No. 5, Article 30) (Entered into force on April 9, 2010)

THE STATES PARTIES TO THIS CONVENTION, AWARE that nuclear activities are carried out in a number of States, NOTING that in order to ensure a high level of safety in nuclear activities, comprehensive measures have been taken and are being taken to prevent nuclear accidents and minimize the consequences of any such accident, if it occurs, EXPRESSING A DESIRE to further strengthen international cooperation in the field of safe development and use of nuclear energy, CONVINCED of the need for States to provide relevant information on nuclear accidents as quickly as possible in order to minimize transboundary radiation effects, NOTING the usefulness of bilateral and multilateral agreements on the exchange of information in this area, AGREED AS FOLLOWS:

Article 1 Scope of application

1. This Convention shall apply in the event of any accident related to the facilities or activities of a State Party specified in paragraph 2 below, or persons or legal entities under its jurisdiction or control, as a result of which a release of radioactive substances occurs or may occur and which has led or may lead to an international transboundary release, which could have from the point of view of radiation safety, it is important for another state. 2. The installations and activities specified in paragraph 1 are: (a) Any nuclear reactor, regardless of location; (b) Any nuclear fuel cycle facility; (c) Any radioactive waste management facility; (d) Transportation and storage of nuclear fuel or radioactive waste; (e) Manufacture, use, storage, disposal and transportation of radioisotopes for agricultural, industrial, medical and scientific purposes. scientific research in these fields; and (f) the use of radioisotopes for energy generation in space objects.

Article 2 Notification and information

In the event of an accident referred to in article 1 (hereinafter referred to as a "nuclear accident"), the State Party referred to in the same article shall: (a) Immediately notify, directly or through the International Atomic Energy Agency (hereinafter referred to as the "Agency"), those States that have been or may be subjected to physical impact, as specified in article 1, as well as information about the nuclear accident, its nature, the time when it occurred, and its exact location, when appropriate.; (b) Promptly provide the States referred to in subparagraph (a), directly or through the Agency, as well as the Agency, with such available information relevant to minimizing radiation effects in those States, as specified in article 5.

Article 3 Other nuclear accidents

In order to minimize radiation effects, States Parties may provide notification in the event of nuclear accidents other than those specified in article 1.

Article 4 Functions of the Agency

Agency: (a) Promptly notify the Participating States, Member States, as well as other States that have been or may be physically affected, as specified in article 1, and relevant international intergovernmental organizations (hereinafter referred to as "international organizations") of the notification received in accordance with subparagraph (a) of Article 2; and (b) Upon request, promptly provide any State Party, Member State or relevant international organization with information received in accordance with subparagraph (b) of article 2.

Article 5 Information provided

1. The information provided in accordance with subparagraph (b) of article 2 shall include the following data available to the notifying State Party at that time: (a) the time, the exact location, where appropriate, and the nature of the nuclear accident; (b) the relevant installation or activity; (c) the suspected or established cause and foreseeable development of a nuclear accident related to the transboundary release of radioactive substances; (d) General characteristics of the radioactive release, including, as far as practicable and appropriate, the nature, probable physical and chemical form, as well as the quantity, composition and effective height of the radioactive release; (e) Information on existing and projected meteorological and hydrological conditions necessary to predict the transboundary release of radioactive substances; (f) Environmental monitoring results environments related to the transboundary release of radioactive substances; g) protective measures taken or planned off-site; h) Predictable behavior over time of the radioactive release. 2. Such information is supplemented at appropriate intervals with further relevant information about the development of the emergency, including its foreseeable or actual termination. 3. Information obtained in accordance with subparagraph (b) of article 2 may be used without restriction, except in cases where such information is provided confidentially by the notifying State Party.

Article 6 Consultations

A State Party providing information in accordance with subparagraph (b) of article 2, to the extent practicable, shall promptly respond to a request for further information or advice requested by the affected State Party in order to minimize radiation effects in the requesting State.

Article 7 Competent authorities and points of contact

1. Each State Party shall notify the Agency and, directly or through the Agency, other States Parties of its competent authorities and point of contact responsible for sending and receiving the notifications and information referred to in article 2. Access to such points of contact and the central point in the Agency should be available on an ongoing basis. 2. Each State Party shall promptly inform the Agency of any changes that may occur in the information referred to in paragraph 1.3. The Agency maintains an updated list of such national authorities and points of contact, as well as points of contact of relevant international organizations, and makes it available to participating and Member States and relevant international organizations.

Article 8 Assistance to participating States

The Agency, in accordance with its Statute and at the request of a State Party that does not itself carry out nuclear activities and borders a State with an active program but is not a party, shall conduct studies on the possibility and expediency of establishing an appropriate radiation control system in order to contribute to the achievement of the objectives of this Convention.

Article 9 Bilateral and multilateral agreements

In order to achieve their mutual interests, the Participating States may consider, in cases where it seems appropriate, concluding bilateral or multilateral agreements related to the subject matter of this Convention.

Article 10 Relationship with other international agreements

This Convention shall not affect the mutual rights and obligations of the States Parties under existing international agreements relating to matters covered by this Convention, or under future international agreements concluded in accordance with the subject and purpose of this Convention.

Article 11 Settlement of disputes

1. In the event of a dispute between States Parties or between a State Party and the Agency concerning the interpretation or application of this Convention, the parties to the dispute shall consult each other with a view to resolving the dispute through negotiation or any other peaceful means of dispute settlement acceptable to them. 2. If a dispute of this nature between the participating States cannot be resolved within one year from the date of receipt of the request for consultations in accordance with paragraph 1, it shall, at the request of any party involved in such dispute, be submitted to arbitration or referred to the International Court of Justice for decision. In the event of a dispute being submitted to arbitration, if within six months of the receipt of the request the parties to the dispute cannot agree on the organization of the arbitration, one of the parties may request the President of the International Court of Justice or the Secretary-General of the United Nations to appoint one or more arbitrators. In case of conflicting requests from the parties to the dispute, the appeal to the Secretary-General of the United Nations takes precedence. 3. At the time of signing, ratifying, accepting, approving or acceding to this Convention, a State may declare that it does not consider itself bound by either or both of the dispute settlement procedures provided for in paragraph 2. Other States Parties are not bound by any dispute settlement procedure provided for in paragraph 2, in that as for the State party for which such a declaration is valid. 4. A State Party that has made a declaration in accordance with paragraph 3 may at any time withdraw that declaration by notifying the depositary accordingly.

Article 12 Entry into force

1. This Convention shall be open for signature by all States, as well as by Namibia, represented by the United Nations Council for Namibia, at the Headquarters of the International Atomic Energy Agency in Vienna and at United Nations Headquarters in New York, respectively, from 26 September 1986 and 6 October 1986 until its entry into force. or within twelve months, depending on which of the terms turns out to be longer. 2. A State, as well as Namibia, represented by the United Nations Council for Namibia, may express its consent to be bound by this Convention by signing or by depositing an instrument of ratification, acceptance or approval after signature, subject to ratification, acceptance or approval, or by depositing an instrument of accession. The instruments of ratification, acceptance, approval or accession shall be deposited with the depositary. 3. This Convention shall enter into force thirty days after three States have expressed their consent to be bound by this Convention. 4. For each State that has expressed its consent to be bound by this Convention after its entry into force, this Convention shall enter into force for that State thirty days after the date of expression of consent. 5. (a) This Convention is open for accession, as provided for in this article, by international organizations and regional integration organizations consisting of sovereign States with competence in the field of negotiation, conclusion and application of international agreements on matters covered by this Convention. b) 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. (c) Upon depositing its instrument of accession, such an organization shall transmit to the depositary a declaration specifying the limits of its competence with respect to matters covered by this Convention. (d) Such an organization does not have any vote in addition to the votes of its member States.

Article 13 Temporary application

A State may, upon signature or at any time later, before this Convention enters into force for it, declare that it will apply this Convention provisionally.

Article 14 Amendments

1. A State Party may propose amendments to this Convention. The proposed amendment shall be forwarded to the depositary, who shall immediately circulate it to all other participating States. 2. If a majority of the States Parties require the depositary to convene a conference to consider the proposed amendments, the depositary shall invite all States Parties to such a conference, which shall open no earlier than thirty days after the invitations have been sent. Any amendment adopted at the conference by a two-thirds majority vote of all participating States shall take the form of a protocol open for signature in Vienna and New York by all Participating States. 3. The Protocol shall enter into force thirty days after three States have expressed their consent to be bound by it. For each State that has expressed its consent to be bound by the protocol after its entry into force, the protocol shall enter into force for that State thirty days after the date of expression of consent.

Article 15 Denunciation

1. A State Party may denounce this Convention by written notification to the depositary. 2. The denunciation takes effect one year after the date of receipt of the notification by the depositary.

Article 16 The Depositary

1. The Director General of the Agency shall be the depositary of this Convention. 2. The Director General of the Agency shall immediately notify the participating States and all other States.: (a) Each signature of this Convention or any protocol of amendment; (b) each deposit of an instrument of ratification, acceptance, approval or accession relating to this Convention or any protocol of amendment; (c) Any declaration or withdrawal of such declaration in accordance with article 11; (d) Any declaration of provisional application of this Convention in accordance with article 13; (e) the entry into force of this Convention and any amendment thereto; and (f) any denunciation declared in accordance with article 15.

Article 17 Authentic texts and certified copies

The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Director General of the International Atomic Energy Agency, who shall transmit certified copies to the States Parties and to all other States.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Convention, which is open for signature as provided for in paragraph 1 of article 12.

ADOPTED by the General Conference of the International Atomic Energy Agency at a special session in Vienna on the twenty-sixth day of September, one thousand nine hundred and eighty-sixth year.

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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