Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency

 

Article 1

General provisions

1. The States Parties shall cooperate between themselves and with the
International Atomic Energy Agency (hereinafter referred to as the
“Agency”) in accordance with the provisions of this Convention to
facilitate prompt assistance in the event of a nuclear accident or
radiological emergency to minimize its consequences and to protect life,
property and the environment from the effects of radioactive releases.

2. To facilitate such cooperation States Parties may agree on bilateral
or multilateral arrangements or, where appropriate, a combination of
these, for preventing or minimizing injury and damage which may result in
the event of a nuclear accident or radiological emergency.

3. The States Parties request the Agency, acting within the framework of
its Statute, to use its best endeavours in accordance with the provisions
of this Convention to promote, facilitate and support the cooperation
between States Parties provided for in this Convention.

Article 2

Provision of assistance

1. If a State Party needs assistance in the event of a nuclear accident
or radiological emergency, whether or not such accident or emergency
originates within its territory, jurisdiction or control, it may call for
such assistance from any other State Party, directly or through the
Agency, and from the Agency, or, where appropriate, from other
international intergovernmental organizations (hereinafter referred to as
“International Organizations “).

2. A State Party requesting assistance shall specify the scope and type
of assistance required and, where practicable, provide the assisting party
with such information as may be necessary for that party to determine the
extent to which it is able to meet the request. In the event that it is
not practicable for the requesting State Party to specify the scope and
type of assistance required, the requesting State Party and the assisting
party shall, in consultation, decide upon the scope and type of assistance
required.

3. Each State Party to which a request for such assistance is directed
shall promptly decide and notify the requesting State Party, directly or
through the Agency, whether it is in a position to render the assistance
requested, and the scope and terms of the assistance that might be
rendered.

4. States Parties shall, within the limits of their capabilities,
identify and notify the Agency of experts, equipment and materials which
could be made available for the provision of assistance to other States
Parties in the event of a nuclear accident or radiological emergency as
well as the terms, especially financial, under which such assistance could
be provided.

5. Any State Party may request assistance relating to medical treatment
or temporary relocation into the territory of another State Party of
people involved in a nuclear accident or radiological emergency.

6. The Agency shall respond, in accordance with its Statute and as
provided for in this Convention, to a requesting State Party’s or a Member
State’s request for assistance in the event of a nuclear accident or
radiological emergency by:

(a) making available appropriate resources allocated for this purpose;

(b) transmitting promptly the request to other States and international
organizations which, according to the Agency’s information, may
possess the necessary resources; and

(c) if so requested by the requesting State, co-ordinating the
assistance at the international level which may thus become
available.

Article 3

Direction and control of assistance

Unless otherwise agreed:

(a) the overall direction, control, co-ordination and supervision of the
assistance shall be the responsibility within its territory of the
requesting State. The assisting party should, where the assistance
involves personnel, designate in consultation with the requesting
State, the person who should be in charge of and retain immediate
operational supervision over the personnel and the equipment
provided by it. The designated person should exercise such
supervision in cooperation with the appropriate authorities of the
requesting State;

(b) the requesting State shall provide, to the extent of its
capabilities, local facilities and services for the proper and
effective administration of the assistance. It shall also ensure the
protection of personnel, equipment and materials brought into its
territory by or on behalf of the assisting party for such purpose;

(c) ownership of equipment and materials provided by either party during
the periods of assistance shall be unaffected, and their return
shall be ensured;

(d) a State Party providing assistance in response to a request under
paragraph 5 of article 2 shall co-ordinate that assistance within
its territory.

Article 4

Competent authorities and points of contact

1. Each State Party shall make known to the Agency and to other States
Parties, directly of through the Agency, its competent authorities and
point of contact authorized to make and receive requests for and to accept
offers of assistance. Such points of contact and a focal point within the
Agency shall be available continuously.

2. Each State Party shall promptly inform the Agency of any changes that
may occur in the information referred to in paragraph 1.

3. The Agency shall regularly and expeditiously provide to States
Parties, Member States and relevant International Organizations the
information referred to in paragraphs 1 and 2.

Article 5

Functions of the Agency

The States Parties request the Agency, in accordance with paragraph 3
of article 1 and without prejudice to Other provisions of this Convention,
to:

(a) collect and disseminate to States Parties and Member States
information concerning:

(i) experts, equipment and materials which could be made available
in the event of nuclear accidents or radiological emergencies;

(ii) methodologies, techniques and available results of research
relating to response to nuclear accidents or radiological
emergencies;

(b) assist a State Party or a Member State when requested in any of the
following or other appropriate matters:

(i) preparing both emergency plans in the case of nuclear
accidents and radiological emergencies and the appropriate
legislation;

(ii) developing appropriate training programmes for personnel to
deal with nuclear accidents and radiological emergencies;

(iii) transmitting requests for assistance and relevant information
in the event of a nuclear accident or radiological emergency;

(iv) developing appropriate radiation monitoring programmes,
procedures and standards;

(v) conducting investigations into the feasibility of establishing
appropriate radiation monitoring systems;
(c) make available to a State Party or a Member State requesting
assistance in the event of a nuclear accident or radiological
emergency appropriate resources allocated for the purpose of
conducting an initial assessment of the accident or emergency;

(d) offer its good offices to the States Parties and Member States in
the event of a nuclear accident or radiological emergency;

(e) establish and maintain liaison with relevant international
organizations for the purposes of obtaining and exchanging relevant
information and data, and make a list of such organizations
available to States Parties, Member States and the aforementioned
organizations.

Article 6

Confidentiality and public statements

1. The requesting State and the assisting party shall protect the
confidentiality of any confidential information that becomes available to
either of them in connection with the assistance in the event of a nuclear
accident or radiological emergency. Such information shall be used
exclusively for the purpose of the assistance agreed upon.

2. The assisting party shall make every effort to coordinate with the
requesting State before releasing information to the public on the
assistance provided in connection with a nuclear accident or radiological
emergency.

Article 7

Reimbursement of costs

1. An assisting party may offer assistance without costs to the
requesting State. When considering whether to offer assistance on such a
basis, the assisting party shall take into account:

(a) the nature of the nuclear accident or radiological emergency;

(b) the place of origin of the nuclear accident or radiological
emergency;

(c) the needs of developing countries;

(d) the particular needs of countries without nuclear facilities; and

(e) any other relevant factors.

2. When assistance is provided wholly or partly on a reimbursement basis,
the requesting State shall reimburse the assisting party for the costs
incurred for the services rendered by persons or organizations acting on
its behalf, and for all expenses in connection with the assistance to the
extent that such expenses are not directly defrayed by the requesting
State. Unless otherwise agreed, reimbursement shall be provided promptly
after the assisting party has presented its request for reimbursement to
the requesting State, and in respect of costs other than local costs,
shall be freely transferrable.

3. Notwithstanding paragraph 2, the assisting party may at any time
waive, or agree to the postponement of, the reimbursement in whole or in
part. In considering such waiver or postponement, assisting parties shall
give due consideration to the needs of developing countries.

Article 8
Privileges, immunities and facilities

1. The requesting State shall afford to personnel of the assisting party
and personnel acting on its behalf the necessary privileges, immunities
and facilities for the performance of their assistance functions.

2. The requesting State shall afford the following privileges and
immunities to personnel of the assisting party or personnel acting on its
behalf who have been duly notified to and accepted by the requesting
State:

(a) immunity from arrest, detention and legal process, including
criminal, civil and administrative jurisdiction, of the requesting
State, in respect of acts or omissions in the performance of their
duties; and

(b) exemption from taxation, duties or other charges, except those which
are normally incorporated in the price of goods or paid for services
rendered, in respect of the performance of their assistance
functions.

3. The requesting State shall:

(a) afford the assisting party exemption from taxation, duties or other
charges on the equipment and property brought into the territory of
the requesting State by the assisting party for the purpose of the
assistance; and

(b) provide immunity from seizure, attachment or requisition of such
equipment and property.

4. The requesting State shall ensure the return of such equipment and
property. If requested by the assisting party, the requesting State shall
arrange, to the extent it is able to do so, for the necessary
decontamination of recoverable equipment involved in the assistance before
its return.

5. The requesting State shall facilitate the entry into, stay in and
departure from its national territory of personnel notified pursuant to
paragraph 2 and of equipment and property involved in the assistance.

6. Nothing in this article shall require the requesting State to provide
its nationals or permanent residents with the privileges and immunities
provided for in the foregoing paragraphs.

7. Without prejudice to the privileges and immunities, all beneficiaries
enjoying such privileges and immunities under this article have a duty to
respect the laws and regulations of the requesting State. They shall also
have the duty not to interfere in the domestic affairs of the requesting
State.

8. Nothing in this article shall prejudice rights and obligations with
respect to privileges and immunities afforded pursuant to other
international agreements or the rules of Customary International Law .

9. When signing, ratifying, accepting, approving or acceding to this
Convention, a State may declare that it does not consider itself bound in
whole or in part by paragraphs 2 and 3.

10. A State Party which has made a declaration in accordance with
paragraph 9 may at any time withdraw it by notification to the depositary.

 

Author: international

Mentioned in these Entries

Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency 2, Conventions: Chronological Index 1971-1990, Customary International Law, International Organizations, Other Environmental conventions, Other provisions.