ML20029E616
| ML20029E616 | |
| Person / Time | |
|---|---|
| Issue date: | 04/06/1994 |
| From: | Heltemes C NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| To: | Beckjord E NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| References | |
| NUDOCS 9405190178 | |
| Download: ML20029E616 (29) | |
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UNITED STATES N
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/G 0 01934 E. S. Beckjord, Director l
MEMORANDUM FOR:
Office of Nuclear Regulatory Research C. J. Heltemes, Jr., Deputy Director FROM:
for Generic Issues and Rulemaking Office of Nuclear Regulatory Research INFORMAL OPEN-ENDED MEETING IN PREPARATION OF THE CONFERENCE ON AN INTERNATIONAL NUCLEAR SAFETY CONVEN
SUBJECT:
(INSC) - MARCH 28-29, 1994 - VIENNA i
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SUMMARY
The subject meeting was held pursuant to a February Board of Governorsrev l
decision.
Purpose was to:
to negotiate an INSC; address Diplomatic Conference (June 14-17,1994)
Conference organizational issues; and provide states with opportunity to identify substantive points and editorial changes to be raised at theThis Diplomatic Conference. nameplates, and there will be no record or report of the mee Approximately 50 countries and EU were in attendance.
i modifications, the draft Rules of Procedure were agreed upon, and will be issued together with the final Open-Ended Working Group Text in the six official languages as enclosures to the letter of invitation for theA numb Diplomatic Conference.
(a) proposals by Finland and India that would substantive issues, including:
affect INSC scope, (b) proposal on technical cooperation and assistance by Brazil and a number other countries and (c) proposals by
-j financial obligations for consideration at the Diplomatic Conference.
BACKGROUND Subject meeting was chaired by David Waller, IAEA Deputy Director General for Appropriately fifi.y countries and the EU were in attendance Purpose of meeting was (a) review Administration.
(seated without member country nameplates).
14-17, 1994 and amend as appropriate draft Rules of Procedures for the June Diplomatic Conference to negotiate on INSC; (b) address (c) provide member states with an opportunity to indicate the intention to(OEWG raise substantive points on Open-Ended Working Group: Editorial c distributed at the Diplomatic Conference, and provided to the Diplomatic Since this was an informal meeting, it was Conference Drafting Committee.
There were no general conducted only in English and will have no report.
comments or opening statements by states.
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9405190178 940406 PDR ORG NREA PDR
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< AP806 S REVIEW 0F DRAFT RULES As suggested by U.S., meeting proceeded on a rule by rule consideration of draft Provisional Rules of Procedure (based on those for the IAEA General Conference) prepared by IAEA secretariat (Enclosure 1).
Significant points of discussion were as follows:
(a) Rule 6 and Rule 7 ' Representation.
Discussion centered on (1) which UN and intergovernmental organizations should be invited and which needed to request attendance (2) which of the foregoing organizations should be a participant and those that should have observer status (3) which non-governmental organizations could attend and their status, and (4) whether IAEA should be a participant or an observer (and serve as the Diplomatic Conference Secretariat).
It was noted that IAEA has received a request from Greenpeace to attend the Diplomatic Conference.
Resolution was that rule 6 will specify that (1) representatives of the United Nations, the specialized agencies and the IAEA shall be invited to attend the Conference as observers and to participate without the right to vote in the Plenary and the Committee of the Whole (COW) sessions; and (2) Representatives of Intergovernmental Organizations invited to regular sessions of the IAEA General Conference shall upon their request be invited to attend as observers and to participate without the right to vote in Plenary and C0W sessions.
Rule 7 will specify that any request to attend the Diplomatic Conference as an observer received from non-governmental organizations invited to regular sessions of the IAEA General Conference shall be referred by the Director General to the Diplomatic Conference for its decision (note: Greenpeace is not invited to the regular sessions of the IAEA General Conference).
(b)
Rule 9 and 14 - Election of Officers comprising the Diplomatic Conference Bureau.
Discussion centered on (1) whether the President should be the same or a different individual as the Chairman of the COW; (2) the number of officers needed to be elected (draf t rules proposed five officers - President and four Vice ' Presidents who would also serve as Chairman and Vice Chairman of the COW); (3) The basis for selection of Officers including whether consideration of geographical representation should be specified, and (d) need for a separate Credentials Committee.
Af ter considerable discussion, resolution reflected that the President will not serve as the Chairman of the COW, and that the Bureau will consist of 12 officers (one President; eight Vice Presidents; Chairman, C0W; Vice Chairman, 00W; and the Chairman of the Drafting Committee). The Bureau will act as the t
Credentials Committee and no separate Committee will be established.
No specific factors will gnide the election of officers; however, the total number should allow representation by broad geographical regions and should be adequate to accommodate the number of countries wishing to serve in a i
leadership role.
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< AIR 0 01994 (c) Rule 16 - Drafting Committee.
Discussion centered on size of the Committee and its role and reporting relationship.
Draft rules proposed 13 or 15 members (allowing two experts in each of six official languages plus a Chairman and perhaps several others),
and to have the COW set up the Drafting Committee and receive its report.
Strong support was expressed for the Drafting Committee to be independent and report to the Diplomatic Conference, not the COW, in view of the Committee's importance of conforming documents in the six official languages.
Brazil was concerned that limited size may preclude it's participation if based on official languages.
Discussion recognized: the basic non-substantive role of Committee; the need for a Committee of a workable size; expectations for the Committee to work in parallel with the COW; and the practical difficulties if the Committee had to deal with two venues for reconciling the text.
s Resolution was to include a suggested (bracketed) size for the Committee as 18 members which reflected a suggestion made by the U.S..
This number will allow flexibility to the Diplomatic Conference President in proposing membership.
Consensus was that the Committee should be autonomous rather than a C0W subcommittee, and as a result, its Chairman will be elected by the Conference and serve on the Bureau.
(d)
Rule 19.
Proposals and amendments.
Draft rules specified that proposals and amendments needed to be introduced in writing and distributed no less than 12 hours1.388889e-4 days <br />0.00333 hours <br />1.984127e-5 weeks <br />4.566e-6 months <br /> (proposed) preceding discussion.
In response to a number of requests, the rules of procedure were modified to specify that proposals and amendments must be available in all working languages at last 12 hours1.388889e-4 days <br />0.00333 hours <br />1.984127e-5 weeks <br />4.566e-6 months <br /> in advance of discussion.
(e)
Rule 36.
Consensus.
Draft rules specified that the Diplomatic Conference shall make every effort to ensure that its decisions are taken by rnnsensus er by " general agreement or otherwise without a vote "
In response to a question on the meaning of
" general agreement or otherwise without a vote," it was indicated that, although this phase was used in other conferences, its definition was uncertain.
The phase was deleted and decisions will be, whenever possible, by consensus.
(f)
Rule 37.
Majority Required.
Draft rules specified that a two-third majority would be required in plenary for decisions on the basic text and any amendments, while a simple majority was specified for agreements or decisions in the COW. After considerable discussion, because of the importance of actions taken in the COW, a two-thirds majority will also be specified for the COW agreements on the text.
It was also agreed was that a two-third majority would be needed to adopt the final act of the Conference.
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- c. APR 0 0 1994 (g) Rule 29 rieaning of States Present and Voting.
Draft rules.,pecified that delegates that abstain from voting would be considered as voting. Objections were raised that this provision was not standard practice and not consistent with rules for the General Conference (although consistent with final 0EWG text). Abstaining is not a vote conventionally in international prx.tice.
U.S. pointed out that countries may abstain because they had not part.cipated in the OEWG, and their abstention would be a " negative" vote in terms of the required two-thirds majority to adopt a final text.
Resolution was to delete this provision and adopt the General Conference rule specifying that abstentions are not a vote.
(h) Rule 42.
Explanation of Vote.
Draft rules specified that delegates could explain their votes, either before or after the votina Objections were raised that an explanation before a vote bate and could cause unnecessary delays.
Resolution wot6d tend to reope was to delete "either before or" to made clear that delegates can explain the ? vote only after voting is concluded.
(1) Rule 48.
Official and Working Languages.
Objections were raised that the draft rules did not require the Drafting Committee to have interpretation services. After much discussion, resolution was to specify that the six official languages would serve as the working languages in plenary, COW and the Drafting Committee meetings.
VENUE in view of the anticipa:od attende the Diplomatic Conference, it has been recognized that the largest the IAEA-VIC may not be adequate.
However, the Secretariat reported ger meeting rooms (Hofburg and the Austria Center) were not available 3 the period scheduled for the Diplomatic Conference. As a result, Inc Secretariat indicated that there was no option except to use the IAEA Board Room reconfigured for its maximum capacity (300 individuals).
SUBSTANTIVE POINTS TO_BE INTRODUCED AT THE DIPLOMATIC CONFERENCE In response to the opportunity to identify substantive points to be raised during the Diplomatic Conference, the following intervertion were made:
(a) Finland indicated that, although the final 0EWG text is a good compromise and it is important to proceed as fast as possible to entry-into-force, they intend to introduce text for a voluntary and independent declaration that would commit parties to follow the relevant INSC principles for all appropriate installations (civilian and military).
Finland noted that the i
nuclear weapons nations made a similar declaration in 1986 in joining the Early Notification Convention. Further, Finland suggested that such a f
declaration would be an indicator o. the member state's safety culture and, if a' state would not readily adopt such a declaration, it would indicate a lack j
or a deficiency in that nation's safety culture.
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/Jn0613 1 (b) India indicated that an amendment would be introduced to modify the INSC scope to include military installations.
(c) Brazil indicated an intent to introduce two amendments.
The first would be a joint proposal with China, Cuba, Pakistan, Argentina, and perhaps other countries concerning technical cooperation and assistance. The second j
amendment concerns a better definition, in terms of broad principles, on the i
review procedures and financial obligations for INSC implementation.
Toward
-l that end, Brazil indicated they had provided the Secretariat with a three page proposal.
(d) Israel also strongly believed there was a need to further define the contents of national reports and the review process, and that the INSC would not be ready for signature withcut such a description. They noted that the four day Diplomatic Conference was not sufficient to develop this description, and proposed that a special drafting group convene before the Diplomatic Conference to develop such a document. This proposal was supported by a number of countries (Mexico, Czech Republic).
(e) Cach Republic intends to propose an amendment to article 17 (siting) to delete "necessary information" and to substitute
"...by the results of
+
evaluations referral to in subparagraph 1, ii, and 111...".
This amendment was intended to clarify what information would be supplied as a basis for an assessment by neighboring states.
l (f) Spain indicated that the OEWG text had many inadequacies, particularly the legal aspects of the final part.
As a result, improvements from a legal viewpoint will be suggested as well as language prohibiting reservations.
(g) Netherlands indicated unhappiness with Article 22 and the intent to introduce an amendment that would address having rules of procedure adopted by consensus, and amended by consensus, t
(h) Australia indicated an intent to introduce three amendments.
The first is on Article 16 to achieve consistency in the criteria for a neighboring state as used in subparagraph 2 and 3.
The second concerns Article 19 subparagraph 6 on the time frame for reporting, and the third concerns Article 32 and the provisions for convening a Diplomatic Conference for amendments.
DISTRIBUTION Of DOCUMENTS Secretariat indicated that the provisional Rules of Procedures, as modified above, will be translated into the six official languages and together with final translations of the OEWG text (as modified with member state comments to assure consistency with the English text) will be distributed with the letter of invitation to the Diplomatic Conference. As suggested by the U.S.,
any Member State comments on translations not accepted for consistency will be provided to the Diplomatic Conference as an editorial change.
A number of countries (U.K. Brazil, Austria) requested the Secretariat to-distribute all substantive and editorial proposals in advance of the Diplomatic Conference in order to reflect upon them and prepare positions.
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The Secretariat indicated that this approach would pose practical difficulties, but committed to provide missions in Vienna with substantive proposals when possible.
ANTICIPATED ACTION A number of countries have emphasized, both in the February 1994 Board of Governors (B0G) meeting'and this meeting, that the content of the national reports, the peer review process and financial arrangements need to be considered and better defined at the Diplomatic Conference.
Specifically, some countries (Mexico, Brazil, Cuba and Argentina) have indicated that ratification of the INSC by their parliaments may be difficult without more detailed information. At the B0G meeting, the U.S. agreed that "it would be useful to develop broad principles and assumptions regarding the procedures to be adopted at the meeting of the parties after the convention enters into force. This would provide a basis for estimating the cost of becoming a party to the convention. These agreed upon broad principles and assumptions could be documented in the final act of the Diplomatic Conference."
Because the Diplomatic Conference is only four days long, there is growing support for an informal, open ended meeting among interested countries to review and reach closure on these broad principles and assur ptions before the Diplomatic Conference. The resulting draft could then be introduced at the outset of the conference for subsequent debate and when agreed, included in the final act.
Such a meeting may be held in May.
If you have any questions or if I can provide any additional information, please let me know.
[
,Qr.,DeputyDirector C.
3 fo bneric Issues and Rulemaking Office of Nuclear Regulatory Research
Enclosure:
As stated cc:
J. Taylor, EDO W. Russell, NRR J. Milhoan, OEDO F. Miraglia, NRR
- 11. Thompson, OEDO R. Bernero, NMSS J. Blaha, OEDO G. Arlotto, NMSS C. Stoiber, DIP E. Jordan, AE00 J. Shea, OIP D. Ross, AE00 M. Congdon, OlP T. Speis, RES K. Henderson, OIP J. Cortez, RES M. Mahy, OIP R. Brady, ADM/SEC W. Parler, OGC R. Stratford, DOS M. Malsch, OGC B. Thomas, DOE PDR.
B. McRae, DOE
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INFORMAL OPEN-ENDED MEETING O,F MEMBER STATES, IAEA Board Room,28-29 March IN PREPARATION OF THE DIPLOMATIC CONFERENCE ON A NUCLEAR SAFETY CONVENTION to be held 14-17 June 1994 p
Pursuant to a decision taken by the Board of Governors at its rneeting'in February, an informal open-ended meeting of Member States has been convened by the Director General:
to consider draft conferen'ce Rules of Procedure, which could be prepared by the Secretariat end circulated to Member States in advance of the meeting:
to address allissues regarding the organization of the conference, including the conference format, the chairrnanship and the need for other officers; to compile editorial comments on the text of the draft Nur. fear Safety Convention as may be submitted by Member States and by the Secretariat, and to ensure consistency among the Arabic, Chinese, English, French, Russian and Spanish versions; and to provide Member States with an opportunity to indicate whether they intend to raise substantive questions regarding the contents and implementation of the Convention.
The attached document contains draft Provisional Rules of Procedure of the Diplomatic Conference with an introductory Note regarding the Director General's proposals fu the organization of the Diplomatic Conference.
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Draft Provisional Rules of Procedure for the Diplomatic Conference on a Nuclear Safety Convention (NTRODUCTION 1.
The draft Rules of' Procedure set out in this document are based on the Ru es of Procedure of the General Conference of the IAEA (GC(XXXI)/INF/245/Rev.1) as well as Rules of Procedure adopted at recent diplomatic conferences of the United Nations System.'
In addition to the table of contents on pages (i) -(ii), a synopsis shows the modifications suggested to the Rules of Procedure of the General Conference in-order to adapt them to the requirements of the Diplomatic Conference. The table lists -(i) the Rules that do not apply to the Diplomatic Conference; (ii) the Rules that ' apply mutatis mutandis; (iii) the Rules that are modified; and (iv) new draft Rules that are proposed to serve the purpose of the Diplomatic Conference.
2.
Attention is drawn to the Rules proposed to address the following matters:
A.
REPRESENTATION (i).
States Pursuant to the decision of the Board at its February session regarding the convening of a Diplomatic Conference, invitations to the Conference will be sent to all States. The expression "all States" means to include the membership of the UN, of the Specialized Agencies and the IAEA and of the International Court of Justice. All States represented at the Diplomatic Conference will be participants. No status of Observer State, or State participating without vote is foreseen. This matter is not specifically addressed in the draft Rules proposed.
(ii)
UN and Specialized Agencies (proposed draft Rule 6)
Rule 31 of the Rules of Procedure of the General Conference provides that representatives of the UN and of the Specialized Agencies are
" entitled to attend sessions of the General Conference and to participate i
without a vote on matters of common interest between them and the Agency."
(i)
UN Conference on the Usbility of Operators of Transport Terminalsin International Trade, Vierina 1991. (A/ CONF.152/3 of 30 August 1990).
(ii)
Review Conference on the UN Convention on a Code of Conduct for Liner Conf erence, Geneva 1991 (UNCTAD, TP (Code.2/13 of 12 June 1991).
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o As the subject of the draft Nuclear Safety Convention is not necessarily of interest to the UN and all Specialized Agencies, it is suggested to initially invite only those organizations that have been invited to the Expert Group on the Nuclear Safety Conventinn, or have expressed their i
interest in its work. Accordingly, invitations would be sent to the UN, l
WHO, ILO, IMO and UNEP. Other organizations would be informed of the Conference and could request invitations.
(iii)
Other International Organizations (proposed draft Rule 7)
/'
Rule 32(a) of the Rules of Procedure of the General Conference provides that representatives of intemational (i.e. mtergovernmental) organizations with which a relationship agreement has been established "shall be entitled to attend sessions of the General Conference and to participate without vote on matters of common interest."
There are at present seven such organizations (GOV /2656; agreements are in INFCIRC/25 and Adds.2 5).
in addition, the Board of Governors has a standing request from the General Conference each year to invite a number of other interested intergovernmental organizations. Seven organizations have been invited under this provision. Most of these organizations muy not be interested in the subject of the Nuclear Safety Convention. The-same approach as detailed under (ii) above could be followed.
Accordingly, invitations would be sent to the NEA/OECD and the Commission of the European Union. Other organizations would be informed of the Conference and could request invitations; the request would be referred to the Conference.
(iv)
Non-Governmental Organizations Rule 32(b) of the Rules of Procedure of the General Conference provides that representatives of NGOs enjoying consultative status wkh the Agency may attend the General Conference. Nineteen NGOs are entitled to be represented at sessions of the General Conference. (see Rule contained in INFCIRC/14; list of NGOs in the annex to document GC(XIX)/546). In addition, the Board invites certain interested NGOs on the basis of a standing request from the General Conference. Twelve i
such NGOs were invited to the 37th session of the General Conference.
No NGO took part in the work of the Expert Group. It is however proposed to invite the non-governmental organizations enjoying consultative status with the Agency to attend as observers. Other organizations requesting invitations would be referred to the Conference for decision as to their participation.
The question concerning invitation of organizations to attend the Conference as observers has also to be seen in light of the limited availability of space.
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1 B.
CREDENTIALS (proposed draft Rules 3 and 4)
It is proposed that the credentials of all representatives be submitted to the Director General and be first examined by the Director General as the Secretary General of the Diplomatic Conference. A report on the credentials would be submitted to the Bureau (proposed draft Rule 14) and subsequently to the Conference. This provision is similar to Rule 4 of the Provisional Rules of Procedure of the Board of Governors (GOV /INF/500). No separate Credentials Committee is therefore required.
/
C.
STRUCTURE OF THE CONFERENCE (proposed draft Rules 14-17)
It is proposed to provide for a Elcapty and a Committee of the Whole;in addition, the Chairman of the Committee of the Whole would appoint a Draftina Committen as a sub-committee of the Committee of the Whole. Membership in the Drafting Committee would t e limited to [12][14] Members.
Schedule in order to allow sufficient time for consid'eration of the draft Nuclear Safety Convention, the proposed schedule assigns a maximum amount of time to the
. Committee of the Whole and limits work in Plenary to an opening session and a closing session (adoption of the Convention). The Plenary and the Committee of the Whole wouid Dat meet in parallel.
D.
OFFICERS OF THE CONFERENCE (proposed draft Rules 8-10)-
In accordance with the structure proposed above, the Conference would elect the President of the Conference who would also chair the Committee of the Whole.
Four (4) Vice-Chairmen would be elected to serve as.Vice Presidents of the Conference, and also as Vice-Chairmen of the Committee of the Whole.
The Chairman of the Drafting Committee would be elected by the Drafting Committee from among its members. Accordingly, it is proposed that a total of five (5) officers would be elected by the Conference.
It is understood that the procedures outlined above would be conducted through negotiations among heads of delegations and permanent missions.
E.
VOTING (proposed draft Rules 35 -45)
The. Rules proposed on decision-making in the Diplomatic Conference give preference to consensus. In the absence of consensus, any proposal regarding the draft text of the Nuclear Safety Convention (" Basic Proposal") and any amendments thereof would require a two-thirds majority for adoption by the Conference (i.e.
Plenary). Decision-making in the Committee of the Whole would be by a simple majority._ All other questions, notably of a procedural nature, would be decided by a simple majority.
Representatives of States only would have the right to vote.
No voting would be f.rovided for decision-making in the Drafting Committee.
1 3.
The Basic Proposal of the Conference would be the draft text of the Nuclear Safety Convention established by the Expert Group. That draft text of the Nuclear Safety Convention (in the six language versions) would be attached to the letters of invitation to the Diplomatic Conference.
4.'
The Director General of the. Agency would be the Secretary General of the Conference.
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TABLE OF CONTENTS I.
REPRESENTATION AND CREDENTIALS Rule 1 Composition of delegations Rulo 2 Alternates Rule 3 Submission of credentials Rule 4 Examination of credentials Rule 5 Provisiona1' participation in the Conference 11.
REPRESENTATION OF INTERNATIONAL ORGANIZATIONS Rule 6 Representatives of the United Nations and of the specialized agencies Rule 7 Representatives of other international organizations 111.
PRESIDENT, VICE-PRESIDENTS, CHAIRMAN OF THE COMMITTEE OF THE WHOLE Rule 8 Temporary President Rufo 9 Election Rule 10 Acting President t
IV.
SECRETARIAT Rule 11 Duties of the Secretary General of the Conference Rule 12 Direction of staff Rule 13 Duties of the staff V.
COMMITTEES OF THE CONFERENCE Rule 14 Bureau Rule 15 Committee of the Whole Rule 16 Draf ting committee Rule 17 Creation of committees j
1 VI.
BASIC PROPOSAL Rule 18 Basic Proposal Rule 19 Proposals and amendments Vll.
CONDUCT OF BUSINESS AT PLENARY, MEETINGS OF THE CONFERENCE Rule 20 The presiding officer Rule 21 General powers of the presiding officer Rule 22; Voting Rule 23 Public and private meetings Rule 24 Ouorum Rule 25 Speeches Rule 26 Points of order Rule 27 Time-limit on speeches Rule 28 Closing of list of speakers Rule 29 '
Adjournment of debate Rule 30 Closure of debate Rule 31 Order of procedural motions Rule 32 Decisions on competence Rule 33 Withdrawal of proposals Rule 34 Reconsideration of proposals and amendments 1
(ii)
Vill.
VOTING Rule 35 Voting rights Rule 36 Consensus-Rule 37 Majority required Rule 38 Simple majority Rule 39 Meaning of/ States present and voting Rule 40 Methods'of voting Rule 41 Conduct during voting Rule 42 Explanation of vote
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Rule 43 Division of proposals and amendments Rule 44 Voting on amendments Rule 45 Voting on proposals IX.
VOTING IN ELECTIONS Rule 46 Secret ballot X.
CONDUCT OF MEETINGS OF COMMITTEES Rule 47 Application of these Rules to committees XI.
LANGUAGES Rulo 48 Official and working languages Rule 49 Interpretation from other languages Rule 50 Languages of important documents Rule 51 Distribution of resolutions and other important documents Xil.
AMENDMENT AND INTERPRETATION OF RULES Rule 52 Amendment of Rules Rule 53 Interpretation of Rules o
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SUGGESTED MODIFICATIONS TO THE RULES OF PROCEDURE OF THE GENERAL CONFERENCE IGC (XXXI)/INF/245/Rev.11 FOR ADAPTATION TO THE DIPLOMATIC CONFERENCE TO ADOPT A NUCLEAR SAFETY CONVENTION 1.
Rules of Procedure that do not apolv to the Dioiomatic Conference:
A Rules 1 - 22 Rule 25 Rule 26
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Rule 30 Rule 36 Rule 41 Rule 43 Rule 45 Rules 47 - 48 Rule 55 Rule 61 Rule 67 Rule 78 Rules 80 - 81 Rules 83 - 85 Rules 89 - 90 Rules 92 - 100 Rule 102 2.
Rules that apolv mutatis mutandis':
Rules 23 - 24 Rule 27 Rule 33 Rules 35 Rules 37 - 38 Rules 49 - 54 Rules 56 - 60 Rule 62 Rule 64 - 66 Rule 68 Rules 70 - 77 flulo 79 flute 82 Rules 86 - 88 Rule 91 Rules 103 For the purposes of the Diplomatic Conferenc% mutatis rnutandis will generally be 3
applied in the following manner:
Member of the Agency refers to States, (delegatas or representatives as appropriate).
The Director-General acts as Secretary-General of the Conference General Conference refers to Conference.
Reference to the Board of Governors has no application.
11 3.
Rules that are modified:
Rule 28 The Director-General will examine the credentials and report to the Conference.
Rule 29 Modified to reflect changes in Rule 28.
Rule 39 Added caveat that duties are within the IAEA budget for the Diplomatic Conference.
Rules 40-42 Changed title of Rule 40 to Bureau and merged with Rule 42.
Ctjanged selection of officers.
Rules 44 + 46 ' Merged together.
Rule 52 Restricted to Plenary meetings.
Rule 53 Modified to require 2/3 majority for quorum.
Rule 63 Merged with new Rule in 4 (IV) below.
Rule 69 Modified and offered as an alternative to paragraph 2 of the new Rule on Consensus; see 4.(V) below.
Rule 79 Regiurement of secret ballot has been relaxed.
Rule 101 Modified to require a 2/3 majority to amend the Rules.
4.
Now, proposed draft rules for the Diplomatic Conference:
(1)
New (GC) Rules 31 - 32:
Rule 6 Representatives of the United Nations and of the specialized agencies Representatives of other international organizations Rule 7 (11)
New (GC) Rule 3_4_1 Rule 9 Election (Ill)
New Rules inserted before (GC) Rule 44:
Rule 16 Committee of the Whole Rule 17 Draf ting committee (IV)
N.ew Rule inserted after (GC) Rule 46:
flule 19 Basic proposal Rule 20 Proposals and Amendments (V)
New Rule inserted before (GCl Rule 68:
Rule 37 Consensus Alternative to Rule 1361 carearaoh 2:
Rule 38 Majority required
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l DRAFT PROVISIONAL RULES OF PROCEDURE DIPLOMATIC CONFERENCE ON A NUCLEAR SAFETY CONVENTION 1.
REPRESENTATION AND CREDENTIALS Rule 1 Compositiop of delegations i
The delegation of each State participating in the Conference shall consist of a head of i
delegation, who may be accompanied by es many afternates, advisers, experts and persons of similar status as may be required.
Rule 2 Alternates The head of delegation may designato any member in his delegation to act in his place during the Conference.
Rule 3 Submission of credentials The credentials of heads of delegations and the names of afternates, advisere, experts and persons of similar status shall be submitted to the Director General of the Agency before the opening of the Conference or not later than 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> after the opening of the Conference. The credentials shall be issued either by the Head of State or Government or by the Minister of Foreign Affairs of the State concerned.
Rule 4 Examination of credentials The credentials of all delegates shall be examined by the Secretary General of the i
Conference who shall submit a report thereon to the Bureau establiahed under Rule 14.
Thereafter,'the Bureau shall report to the Conference.
Rule 5 Provisional participation in the Conference (a)
Pending a decision of the Conference upon their credentials, delegations shall be entitled to participate provisionally in the Conference.
e
2 (b)
Any delegate to whose admission a State participating in the Conference has j
made objection shall be seated provisionally with the same rights as other delegations until the Secretary General of the Conference, pursuant to Rule 4, has reported and the Conference has given its decision.
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II.
REPRESENTATION OF INTERNATIONAL ORGANIZATIONS I
Rulo 6 Representatives of the United Nations, of the specialized agencies and the IAEA The IAEA shall be represented at the Conference. Representatives of the United Nations, the international Maritime Organization, the World Meteorological Organization, the international Labour Organization and United Nations Environment Programme, and, upon their request, of any other organization of the UN System, shall be invited to attend the Conference as observers.
Rule 7 Representatives of other international organizations 1.
Intergovernmental organizations Representatives of the Nuclear Energy Agency of the OECD and the Commission of the European Union as well as, upon their request, of other intergovernmental organizations, shall be invited to attend the Conference as observers.
i 2.
Non-Governmental organizations (a)
Representatives of the non-governmental organizations enjoying consultative status with the IAEA shall be invited to attend the Conference as observers; (b)
Any request received from another non-governmental organization concerned with nuclear safety'matterc to attend the Conference shall be referred by the Director General to the Conference for its decision.
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3 111.
PRESIDENT, VICE-PRESIDENTS, CHAIRMAN OF THE COMMITTEE OF THE WHOLE Rule 8 Temporary President The Director General ofAhe IAEA shall open the first meeting of the Conference and preside until the Conference has ele::ted its President.
Rule 9 Election The Conference shall elect from among the heads or members of delegations of.
participating States the following officers:
A President and four Vice-Presidents of the Conference, who shall also serve as Chairman and Vice-Chairmen respectively of the Committee of the'Whole established under Rule 16.
Rufo 10 Acting President if the President or the Chairman of the Committee of the Whole is aosent during a meeting or any part thereof, he shall appoint one of the Vice-Presidents or Vice Chairrnen, respectively, to take his place, who, while acting as President or Chairman of the Committee of the Whole, shall have the same powers and duties as the President or the Chairman of the Committee of the.Whole.
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i IV.
SECRETARIAT l
Rule 11 Duties of the Secretary General of the Conference The Director General of the IAEA shall be the Secretary General of the Conference. He, or his representative shall act in that capacity at all meet;ngs of the Conference and of
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its committees. The Secretary General of the Conference or his representative may at any time, with the approval of the presiding officer, make oral or written statements to such meetings.
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4 Rule 12 Direction of staff The Secretary General of the Conference, as the Director General of the IAEA, shall provide and. direct the staff required by the Conference and its committees and shall be responsible for all the necessary arrangements for the meetings of the Conference and 4
its committees, Rule 13 Duties of the staff The staff shall receive, translate, reproduce and distribute documents of the Conference and its committees; interpret speeches made at meetings; distribute all documents of the Conference to the participating States and Organizations as appropriate; arrange for the publication, custody and preservation of the documents in accordance with the decisions of the Conference, and generally perform all other work which the Conference and its committees may require.
V.
COMMITTEES OF THE CONFERENCE Rute 14 Bureau There shall be a Bureau of the Conference consisting of the President of the Confarance who also serves as Chairman of the Committee of the Whole, the four Vice-Presidents of the Conference, and the Chairman of the Drafting Committee.
The Bureau shall at the beginning of the Conference consider the provisional agenda, and shakl report thereon to the Conference. It shall consider requests for the inclusion of additionalitems and shall report thereon to the Conference. In considering matters relating to the agenda of the Conference, ths Bureau shall not discuss the substance of any item, except insofar as this bears upon the question whether the Bureau should recommend the inclusion of the item in the agenda, the rejection of the request for inclusion, and what priority should be accorded to an item the inclusion of which has
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been recommended.
5 The Bureau shall propose to the Conference the establishment of any additional committees which it considers necessary. It shall assist the President of the Conference in conducting and co-ordinating the work of the Conference.
The Bureau shall receive the report on credentials by the Secretary General of the Conference and report t, hereon to the Conference.
Rule 15 Committee of the Whole The Plenary shall establish a Committee of the Whole on which each State participating in the Conference may be represented. It shall consider and report on any. item referred to it by the Plenary. The Committee of the Whole shall set up a Drafting Committee;it may set up such other subsidiary bodies as it considers necessary.
Rule 16 Draf ting committee A Drafting Committee, composed of not more than [13][15] members including the Chairman, shall be set up by the Committee of the Whole on the proposal of its Chairman. The members of the Committee shall be selected so that each language in which the instrument to be adopted by the Conference is to be authentic will be represented. The Drafting Committee shall prepare drafts and give advice on drafting as may be requested by the Committee of the Whole. It shall also prepare the Final Act of the Conference. The Drafting Committee shall not alter the substance of texts submitted to it, but shall have the power to review and co-ordinate the drafting of all such texts. The Committee shall report to the Committee of the Whole.
The Committee shall elect a Chairman from among its members.
Rule 17 Creation of committees in addition to the Committee of the Whole and the Drafting Committee, the Conference may establish such other committees as it deems necessary for the performance of its functions. Each of these committees of the Conference shall elect its own Chairman.
6 VI.
BASIC PROPOSAL Rule 18 Basic Proposal The Basic Proposal for discussion by the Conference shall be the draft Nuclear Safety Convention. (Document /NSG/DC...............)
Rule 19 Proposals and amondments Other proposals and amendments to the Basic Proposal shall be introduced in writing and handed to the Secretariat.who shall circulate copies to all delegations._ As a.
general rule, no proposal shall be discussed or put to the vote unless its text has been distributed to all delegates not later than !a half day] preceding its discussion. The presiding officer may, however, permit the discussion and consideration of proposals, amendments, or of motions as to procedure, even through these amendments or motions have not been distributed or have been distributed the same day.
Vll.
CONDUCT OF BUSINESS AT PLENARY MEETINGS OF THE CONFERENCE 4
Rule 20 The presiding officer The President of the Conference, or, in his absence, the Vice-President appointed by him to take his place shall be the presiding officer of the Conference.
i Rule 21*
General powers of the presiding officer In addition to exercising the powers which are conferred upon him by these Rules, the presiding officer shall declare the opening ar$d closing of each meeting of the Conference, shall direct its discussions, ensure observance of these Rules, accord the right to speak, put questions and announce decisions. He shall rule on points of order and, subject to these Rules, shall have control of the proceedings of the Conference and cver the maintenance of order at its meetings. The presiding officer may propose to the Conference the limitation of the time to be allowed to speakers. the limitation of
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7 the number of times each delegate may speak on any question, the closure of the list of speakers or the closure of the debate. He may propose the suspension or adjournment of the meeting or the adjournment of the debate on the item under discussion. The presiding officer, in the exercise of his functions, shall remain under the authority of the Conference.
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Rule 22 Voting Tha presiding officer shall not vote, but may appoint another member of his delegation to vote in his place.
Rule 23 Public and private meetings The Plenary meetingh of the Conference shall be held in public unless it decides that the meeting be held in private.
Rule 24 Ouorum The presiding officer may declare a meeting open and permit the debate to proceed when representatives of at least half of the States participating in the Conference are present. The presence of representatives of a two-thirds majority of States participating in the Conference shall be required for decisions to be taken on the basic proposal or any proposed amendment thereof.
Rule 25 Speeches No delegate may address the Conference without having previously obtained the permission of the pres' ding officer. The presiding officer shall call upon speakers in the order in which they signify their desire to speak. The presiding officer may call a speaker to order if his remarks are not relevant to the subject under discussion.
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8 fiule 26 Points of order During the discussion of any matter, a delegate may rise to a point of order, and the point of order shall be immediately decided by the presiding officer in accordance with these Rules. A delegate may appeal against the ruling of the presiding officer The l
appeal shall be immediatply put to thn vote and the presiding officer's ruling shall stand
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unless overruled by a majority of the States present and voting. A delegate rising to a point of order may not speak on the substance of the matter under discussion.
Rulo 27 Time-limit on speeches The Conference may on the proposal of the presiding officer limit the time to be allowed to each speaker and the number of times each delegate may speak on any question. When debate is limited and a delegate has spoken his allotted time, the presiding officer shall call him to order without delay.
Rule 28 Closing of list of speakers During the course of a debate the presiding officer may announce a list of speakers and, with the consent of the Conference, declare the list closed. He may, however, accord the right of reply to any delegate if a speech delivered after the list has been closed makes this desirable.
Rule 29 '
Adjournment of debate During the discussion of any matter, a delegate may move the adjournment of the debate t>n the item under discussion. In addition to the proposer of the motion, two delegates may speak in favour of, and two against, the motion, after which the motion shall be immediately put to the vote. The presiding officer rnay limit the time to be allowed to speakers under this Rule.
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9 Rule 30 Closure of debate A delegate may at any time move the closure of the debate on the item under discussion, whether or not any other delegate has signified his wish to speak.
Permission to speak onphe closure of the debate shall be accorded only to two speakers opposing the closure, after which the motion shall be in mediately put to the vote. If the Conference is in f avour of the closure, the presiding officer shall declare the closure of the debate. The presiding officer may limit the time to be allowed to speakers under this Rule.
Rule 31 Order of procedural motions Subject to Rule 26 of these Rules, the following motions shall have precedence in the following order over all other proposals or motions before the meetings:
(a)
To adjo' urn the meeting; (b)
To adjourn the debate on the item uader discussion; and (d)
For the closure of the debate on the item under discussion.
Rule 32 Decisions on competence Subject to Rute 26 of these Rules, any motion calling for a decision on the competence of the Conference to adopt a proposal submitted to it shall be put to the vote before a l
vote is taken on the proposal in question.
i Rule 33 Withdrawal of proposals Any proposal may be withdrawn by its proposer at any time before voting upon it has commenced. A proposal which has thus been withdrawn may be reintroduced by any delegate.
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Rule 34 Reconsideration of proposals and amendments When a proposal or amendment has been adopted or rejected, it shall not be reconsidered unless the Conference, by a two-thirds majority of the States present and
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voting so decides. Permission to speak on a motion to reconsider shall be accorded only to two speakers opposing the motion, after which it shall be immediately put to the vote.
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VOTING Rule 35 Voting rights Each State participating in the Conference shall have one vote.
Rule 36 Consensus The Conference shall make every effort to ensure that its decisions are taken by consensus or general agreement or otherwise without a vote.
4 Rule 37 Majority required Subject to Rule 36, the following decisions of the Conference taken in Plenary shall require a two thirds majority of the States present and voting:
(i)
A decision on the Basic Proposal set out in Rule 18 or on any provision thereof; (ii)
A decision on a proposal for amendment to the Basic Proposal.
Rule 38 Simple majority Decisions of the Conference on all other questions shall be made by a majority of the States present and voting.
11 Rule 39 Meaning of States present and voting For the purpose of these Rules, the phrase " States present and voting" shall mean delegates casting a valid affirmative or negative vote. Delegates who abstain from voting shall be considered as voting, j
Rule 40 Methods of voting The normal method of voting shall be by show of hands. Any State may request a vote by roll call. The roll-call shall be taken in the English alphabetical order of the names of States entitled to vote, beginning with the State whose name is draw [n by lot by the presiding officer. Each delegate present shall reply "yes", "no" or " abstention".
Rule 41 Conduct during voting After the voting has commenced, no delegate shallinterrupt the voting except on a point of order in connection with the actual conduct of the voting.
Rule 42 Explanation of vote The presiding officer may permit States to explain their votes, either before or after the voting, except when the vote is taken by secret ballot. The presiding officer may limit the time to be allowed for such explanations. The presiding officer shall not permit the proposer of a proposal or of an amendment to explain his vote on his own proposal"or amendment.
i Rule 43 Division of proposals and amendments A delegate may move that parts of a proposal or of an amendment shall be voted on separately. If objection is made to the request for division, the motion for division shall be voted upon. Permission to speak on the motion for division shall be given only to two speakers in favour and two speakers against. If the motion for division is carried, those pt.rts of the proposal or of the amendment which are subsequent!y approved shall be put to the vote as a whole. If all operative parts of the proposal or of the
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12 amendment have been rejected, the proposal or the amendment shall be considered to have been rejected as a whole.
Rulo 44 Voting on amendments (a)
When an amendm'ent.to a proposalis moved, the amendment shall be voted on first. When two or more amendments are moved to a proposal, the Conference shall first vote on the amendment deemed by the presiding officer to be furthest removed in cubstance from the original proposal and then on the amendment next furthest removed therefrom, and so on, until all the amendments have been put to the vote. We, however the adoption of one amendment necessa'rily implies the rejection of another amendment, the latter amendment shall not be put to the vote, if one or more amendments are adopted, the amended proposal
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shall then be voted upon.
(b)
A motion shall be considered an amendment to a proposalif it merely adds to, deletes from or revises part of that proposal.
a Rulo 45 Voting on proposals if two or more proposals relate to the same question, the Conference shall, unless it decides otherwise, vote on the proposals in the order in which they have been submitted. The Conference may, after each vote on a proposal, decide whether to vote on the next proposal.
I IX, VOTING IN ELECTIONS Rule 46 Secret ballot (a)
All elections shall be by secret ballot unless in the absence of any objection, the Conference decides to proceed without taking a ballot on an agreed candidate or
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state of candidates.
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1 13 (b)
When candidates are to be nominated, each nomination shall be made by only one representative, after which the Conference shall immediately proceed to the election.
X.
CONDUCT OF MEETINGS OF COMMITTEES Rule 47 Application of these Rules to committees (a)
Subject to any decision of the Plenary and subject to these Rules, procedures governing the conduct of business in committees of the Conference shall conform to the Rules governing the conduct of business at plenary meetings of the Conference.
(b)
The Rules governing the conduct of business at plenary meetings of the Conference shall apply to the Drafting Committee as far as appropriate.
XI.
LANGUAGES Rule 48 Official and working languages Arabic, Chinese, English, French, Russian and Spanish shall be the official languages of the Conference. Arabic, Chinese, English, French, Russian and Spanish shall be the working languages of the Conference in Plenary and in the Committee of the Whole.
Speechos made in any one of the working languages in the Plenary or the Committee of the Whole shall be interpreted into the other working languages.
Rule 49 Interpretation from other languages Any delegate may make a speech in a language other than the working languages provided, however, that if he does so he shall himself provide for interpretation into one of the, working languages. In such cases, interpretation into the other working languages by tne interpreters of the Secretariat may be based on the interpretation provided by the delegate.
14 Rule 50 Languages of important documents Allimportant documents shall be made available in the working languages.
Rule 51 Distributipn of resolutions and other important documents
.The texts of all resolutions and other important documents shall be distributed by the Secretariat as soon as possible.
Xil.
AMENDMENT AND INTERPRETATION OF RULES Rule 52 Amendment of Rules These Rules may be amended by a decision of the Conference taken by a two-thirds majority of the delegates present and voting after the Bureau has reported on the proposed amendment.
Rule 53 Interpretation of Rules (a) in the interpretation of these Rules, recourse may be had to the Rules of Procedure of the General Conference of the IAEA (GC(XXXI/INF/245/Rev.1 (b)
The description of these Rules in the table of contents and the description prefixed to each Rule shall be disregarded in the interpretation of these Rules.
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