The impact of scientific and technological developments relevant to the The relevance for effective implementation of the Convention of the results The effectiveness of the provisions in Article V for consultation and cooperation of the co-operative measures agreed in this Final Declaration; and In the light of these considerations and of the provisions of Article XI, whether or not further actions are called for to create further co-operative measures in the context of Article V, or legally binding improvements to the Convention, or a combination of both. Article XIII The Conference notes the provisions of Article XIII and expresses its satisfaction that no State Party to the Convention has exercised its right to withdraw from the Convention. Article XIV The Conference notes with satisfaction that a significant number of States have ratified or acceded to the Convention since the First Review Conference and that there are now more than 100 States Parties to the Convention, including all the permanent Members of the Security Council of the United Nations. The Conference calls upon States which have not yet ratified or acceded to the Convention to do so without delay and upon those States which have not signed the Convention to join the States Parties thereto thus contributing to the achievement of universal adherence to the Convention. The Conference makes an urgent appeal to all States Parties to the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction, which did not participate in its work, to give their effective co-operation and take part more actively in the common endeavour of all the Contracting Parties to strengthen the objectives and purposes of the Convention. In this connection, the Convention urges all States Parties that were absent to take part in the future work envisaged in this Final Declaration. Article XV The Conference notes the provisions of Article XV. 179. Convention on Early Notification of a Nuclear Accident, September 26, 19861 The states parties to this convention, Aware that nuclear activities are being carried out in a number of States. Noting that comprehensive measures have been and are being taken to ensure a high level of safety in nuclear activities, aimed at preventing nuclear accidents and minimizing the consequences of any such accident, should it occur. Desiring to strengthen further international co-operation in the safe development and use of nuclear energy. Convinced of the need for States to provide relevant information about nuclear accidents as early as possible in order that transboundary radiological consequences can be minimized. Noting the usefulness of bilateral and multilateral arrangements on information exchange in this area. Have agreed as follows: ARTICLE 1 Scope of application 1. This Convention shall apply in the event of any accident involving facilities or activities of a State Party or of persons or legal entities under its jurisdiction or control, referred to in paragraph 2 below, from which a release of radioactive material occurs or is likely to occur and which has resulted or may result in an international transboundary release that could be of radiological safety significance for another State. 2. The facilities and activities referred to in paragraph 1 are the following: (a) any nuclear reactor wherever located; (b) any nuclear fuel cycle facility; (c) any radioactive waste management facility; (d) the transport and storage of nuclear fuels or radioactive wastes; (e) the manufacture, use, storage, disposal and transport of radioisotopes for agricultural, industrial, medical and related scientific and research purposes; and (f) the use of radioisotopes for power generation in space objects. ARTICLE 2 Notification and information In the event of an accident specified in article 1 (hereinafter referred to as a “nuclear accident"), the State Party referred to in that article shall: (a) forthwith notify, directly or through the International Atomic Energy Agency (hereinafter referred to as the "Agency"), those States which are or may 1 Senate Treaty Doc. 100-4, 100th Cong., 1st sess., pp. 1-6. The Convention was opened for signature at Vienna on September 26, 1986 and at New York on October 6. It entered into force on October 27, 1986. be physically affected as specified in article 1 and the Agency of the nuclear accident, its nature, the time of its occurrence and its exact location where appropriate; and (b) promptly provide the States referred to in sub-paragraph (a), directly or through the Agency, and the Agency with such available information relevant to minimizing the radiological consequences in those States, as specified in article 5. ARTICLE 3 Other Nuclear Accidents With a view to minimizing the radiological consequences, States Parties may notify in the event of nuclear accidents other than those specified in article 1. ARTICLE 4 Functions of the Agency The Agency shall: (a) forthwith inform States Parties, Member States, other States which are or may be physically affected as specified in article 1 and relevant international intergovernmental organizations (hereinafter referred to as "international organizations") of a notification received pursuant to sub-paragraph (a) of article 2; and (b) promptly provide any State Party, Member State or relevant international organization, upon request, with the information received pursuant to subparagraph (b) of article 2. ARTICLE 5 Information to be provided 1. The information to be provided pursuant to sub-paragraph (b) of article 2 shall comprise the following data as then available to the notifying State Party: (a) the time, exact location where appropriate, and the nature of the nuclear accident; (b) the facility or activity involved; (c) the assumed or established cause and the foreseeable development of the nuclear accident relevant to the transboundary release of the radioactive materials; (d) the general characteristics of the radioactive release, including, as far as is practicable and appropriate, the nature, probable physical and chemical form and the quantity, composition and effective height of the radioactive release; (e) information on current and forecast meteorological and hydrological conditions, necessary for forecasting the transboundary release of the radioactive materials; (f) the results of environmental monitoring relevant to the transboundary release of the radioactive materials; (g) the off-site protective measures taken or planned; (h) the predicted behavior over time of the radioactive release. 2. Such information shall be supplemented at appropriate intervals by further relevant information on the development of the emergency situation, including its foreseeable or actual termination. 3. Information received pursuant to sub-paragraph (b) of article 2 may be used without restriction, except when such information is provided in confidence by the notifying State Party. ARTICLE 6 Consultations A State Party providing information pursuant to sub-paragraph (b) of article 2, shall as far as is reasonably practicable, respond promptly to a request for further information or consultations sought by an affected State Party with a view to minimizing the radiological consequences in that State. ARTICLE 7 Competent authorities and points of contact 1. Each State Party shall make known to the Agency and to other States Parties, directly or through the Agency, its competent authorities and point of contact for issuing and receiving the notification and information referred to in article 2. 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 maintain an up-to-date list of such national authorities and points of contact as well as points of contact of relevant international organizations and shall provide it to States Parties and Member States and to relevant international organizations. ARTICLE 8 Assistance to States Parties The Agency shall, in accordance with its Statute and upon a request of a State Party which does not have nuclear activities itself and borders on a State having an active nuclear programme but not Party, conduct investigations into the feasibility and establishment of an appropriate radiation monitoring system in order to facilitate the achievement of the objectives of this Convention. ARTICLE 9 Bilateral and multilateral arrangements In furtherance of their mutual interests, States Parties may consider, where deemed appropriate, the conclusion of bilateral or multilateral arrangements relating to the subject matter of this Convention. ARTICLE 10 Relationship to other international agreements This Convention shall not affect the reciprocal rights and obligations of States Parties under existing international agreements which relate to the matters covered by this Convention, or under future international agreement concluded in accordance with the object and purpose of this Convention. Settlement of disputes ARTICLE 11 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 with a view to the settlement of the dispute by negotiation or by any other peaceful means of settling disputes acceptable to them. 2. If a dispute of this character between States Parties cannot be settled within one year from the request for consultation pursuant to paragraph 1, it shall, at the request of any party to such dispute, be submitted to arbitration or referred to the International Court of Justice for decision. Where a dispute is submitted to arbitration, if, with six months from the date of the request, the parties to the dispute are unable to agree on the organization of the arbitration, a party may request the President of the International Court of Justice or the SecretaryGeneral of the United Nations to appoint one or more arbitrators. In cases of conflicting requests by the parties to the dispute, the request to the SecretaryGeneral of the United Nations shall have priority. 3. When 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. The other States Parties shall not be bound by a dispute settlement procedure provided for in paragraph 2 with respect to a State Party for which such a declaration is in force. 4. A State Party which has made a declaration in accordance with paragraph 3 may at any time withdraw it by notification to the depositary. Entry into force ARTICLE 12 1. This Convention shall be open for signature by all States and Namibia, represented by the United Nations Council for Namibia, at the Headquarters of the International Atomic Energy Agency in Vienna and at the Headquarters of the United Nations in New York, from 26 September 1986 and 6 October 1986 respectively, until its entry into force or for twelve months, whichever period is longer. 2. A State and Namibia, represented by the United Nations Council for Namibia, may express its consent to be bound by this Convention either by |