ML20137G107

Provides Summary of 970306-14 Trip Rept Re Draft Convention on Safety of Radwaste Mgt

ML20137G107
Person / Time
Issue date:	03/24/1997
From:	Bell M, Reamer C NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS), NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Olmstead W, Paperiello C NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS), NRC OFFICE OF THE GENERAL COUNSEL (OGC)
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ML20137F812	List: ML20137F809 ML20137G107
References
NUDOCS 9704010322
Download: ML20137G107 (48)

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UNITE 3 STATES 4g NUCLEAR REGULATORY COMMISSION

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WASHINGTON, D.e. 20555 4 001 n

a r *a March 24, 1997

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OFFICE OF THE GENERAL COUNSEL MEMORANDUM TO:

Carl J. Paperiello, Director Office of Nuclear Material Safety and Safeguards William J. Olmstead, Associate General Counsel Associate General Counsel for Licensing and Regulation j

FROM:

Michael J. Bell, Chief Engineering and Geosciences Branch Division of Waste Management Office of Nuclear Material Safety and Safeguards 4M[

n C. William Reamer, Senior Superviso t

y Nuclear Waste Management Staff

SUBJECT:

REPORT ON SEVENTH MEETING OF A GROUP OF EXPERTS ON THE DRAFT CONVENTION ON THE SAFETY OF RADIOACTIVE WASTE MANAGEMENT, MARCH 6-14, 1997 This repon covers our participation in the seventh open-ended meeting of the group of Legal and Technical Experta on the draft Convention on the Safety of Radioactive Waste Management, held March 6-14,1997, under the Chairmanship of Professor Alec Jean Baer. The meeting was attended by participants from 58 countries and observers from two intergovernmental organizations. A list of participants is attached. A copy of a revised text of the draft convention is also attached. Revisions involving the text of the draft convention are discussed below.

The U.S. delegation was headed by Richard Stratford of the Department of State. Other U.S.

representatives included David Huizenga and Ben McRae of the Department of Energy and Mary

' Clark of the Environmental Protection Agency.

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9704010322 970327 i

PDR ORG NOMA l

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2 In this meeting, the group completed a draft text, following approximately two years of work, after a request from the IAEA General Conference in 1993, and after the Convention on Nuclear Safety, approved and signed by the U.S., identified the need to develop a convention on the safety of radioactive waste management.

j The draft convention includes obligations for " Contracting Parties" (i.e., States ratifying,

)

i accepting or approving the convention and as to whom the convention will therefore enter into force). It will be forwarded to the IAEA Director General for possible presentation to the Board of Governors. If approved by the Board, a Diplomatic Conference could be convened to consider the draft convention, and a text might be open for signature during or j

after the September 19971AEA General Conference. If signed by the U.S., and ratified by the Senate, the convention would have the legal authority of a treaty. The following l

discussion summarizes the group's work during the seventh meeting.

Structure of the Convention. Throughout work on the draft convention, a major issue has been whether the convention should cover spent nuclear fuel as well as radioactive waste.

l This issue reflects that some countries consider spent fuel to be a waste, while other countries j

consider it to be an asset to be reprocessed and, therefore, not a waste. By the seventh i

meeting, the issue had become whether there should be a joint convention covering both spent fuel and radioactive waste or, alternatively, a single convention covering only radioactive waste with a separate protocol on spent fuel management that a Contracting Party could choose to sign or not sign as it saw fit. The overwhelming majority of the group favored a joint convention. Three delegations did not consent to this approach and would have favored l

a single convention with a separate protocol. The text which emerged is titled "A Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management."

i Transboundarv Movement. Transboundary movement, under Article 25 of the draft convention, refers to the transport across a country's border of spent fuel or radioactive waste.

l Two concerns discussed at the seventh meeting were (1) whether the draft convention should prohibit a transboundary movement to or from a non-Contracting Party that is not a State in its own right, and (2) a Contracting Party's rights aM obligations vis-a-vis a State through whose territory a transboundary movement was expected to pass. Neit' er issue was resolved h

to the satisfaction of all members of the group; however, the draft text that resulted includes (1) no prohibition on transboundary movements to or from non-Contracting Parties, and (2) a reference to existing obligations of Contracting Parties under other binding instruments of international law, rather than the creation of any new obligations in the draft convention.

Military Waste. The seventh meeting continued to consider the extent to which the draft convention should cover spent fuel and radioactive waste from military programs. Several men bers favored management of military and civilian spent fuel and radioactive waste at a safety level cauivalent to that accorded similar material from civilian nuclear applications.

The nuclear weapons states, who must protect military and defense interests when spent fuel and radioactive waste are within military or defense programs, proposed a compromise scope i

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in draft Article 3 under which the draft convention would epply to spent fuel and radioactive i

waste from military and defense programs when they are permanently transferred to and managed within exclusively civilian programs, as well as when a Contracting Party designates I

spent fuel or military waste within a military or defense program for coverage under the draft l

convention. With respect to spent fuel and radioactive waste within military and defense programs not designated for coverage, the preamble of the draft convention would indicate such material should be managed in accordance with the objectives stated in the convention.

This proposal was adopted without opposition.

Disused Sealed Sources. Previous drafts of the convention have covered the management of used sealed sources that might be returned to a manufacturer for refurbishment. During the seventh meeting, the scope of the convention in draft Article 3 was expanded to include l

disused radium sources. The group also modified the obligations regarding disused sealed sources to clarify that, in countries having a federal system of government such as the U.S.,

states could carry out the draft convention's provisions.

Decommissionine. Prior to the meeting, the structure of the draft convention had been to cover the decommissioning of nuclear facilities as " radioactive waste management facilities."

However, this approach suffered from a lack of clarity regarding which obligations in the draft convention applied during decommissioning of such facilities. To address the issue, the group accepted a U.S. proposal to set out decommissioning obligations in a new draft Article 1

24A. In so doing, the group also accepted a U.S. proposal to redefine " radioactive waste management facility" so that a nuclear facility during decommissioning would be regarded as a " radioactive waste management facility" only if so designated by a Contracting Party.

Although some members suggested the decommissioning article should be limited to spent i

fuel and radioactive waste management facilities, the group as a whole did not favor such an approach.

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Discharces. The group discussed possible changes to the broad coverage in Article 23 of the draft convention of both " discharges" -- that is, planned releases within limits approved by the l

regulatory body -- and " uncontrolled releases." The U.S. proposed to narrow the prior draft, which covered discharges and releases from "a nuclear facility," so as to cover discharges and releases only from " spent fuel or a radioactive waste management facility." The group, i

.however, after some discussion, decided not to accept this U.S. proposal. Some countries consider discharges from any nuclear facility to be a radioactive waste management activity, and they prevailed on the view that the convention must address discharges, as well as uncontrolled releases, in a broad manner. Given the broad approach ultimately adopted by the group, the U.S., as a Contracting Party, would have to report under draft Article 30 on how discharges and uncontrolled releases from NRC and Agreement State licensed facilities are i

regulated.

The group accepted the U.S. proposal to limit draft Article 23 to a facility's " operating lifetime." As changed, draft Article 23 provides that discharges from a regulated nuclear facility shall not result in any individual receiving a dose, in normal situations, that exceeds t -

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national dose limits, and shall be limited to keep exposures as low as reasonably achievable (ALARA). In addition, draft Article 23 provides that there shall be measures to prevent unplanned and uncontrolled releases from an operating nuclear facility and that, if they occur, i

I corrective and mitigative measures shall be taken.

The group also revised the reference in draft Article 3, concerning the scope to the l

conventien, to identify Articles 4,10,13,23 and 24A as the provisions applicable to discharges. The group also considered adding an obligation to address releases from a disposal facility during the period of active institutional control, but the group was unable to agree on a text. Several members objected to this failure and may pursue their objections in some manner.

Reportina. The group continued to discuss what the content should be for the periodic reports that each Contracting Party must make on its progress to implement the obligations of the convention under draft Article 30. The bulk of the discussion focused on the specific facilities that should be identified in the report and, thus, be subject to inventory reporting. In particular, in light of the change regarding how the draft convention covers facilities in decommissioning, the group decided to include in the report a list of nuclear facilities in the process of decommissioning and the status of decommissioning activities. As the result of another change, the report will include an inventory of waste stored at nuclear fuel cycle facilities. The inventory would describe the material and include information, if available, on volume or mass, activity and specific radionuclides.

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Contractine Parties Nearby a Proposed Facility. The group discussed draft Articles 6 and 12 on what obligation a Contracting Party should owe to a neighboring Contracting Party during the siting of a proposed spent fuel management or radioactive waste management facility.

Alternative formulations were considered, one of which would call for a Contracting Party in j

the vicinity of a proposed facility to be " consulted," and another of which would call for the Party to be " informed." The group settled on the former formulation but with the understanding that it did not mean that approval or permission of the Contracting Party in the vicinity was required, and that " consult" meant the Party in the vicinity should be given the opportunity to provide its observations on the likely safety impact of the proposed facility. In the case of a proposed facility in an Agreement State, the state could carry out the responsibility of providing the opportunity to neighboring Contracting Parties.

Miscellaneous. The group decided on a number of other changes to the draft text including the following; addition to draft Articles 4 and 10 of a general safety consideration for spent fuel arid o

radioactive waste management to ensure that criticality and residual heat removal are adequately addressed.

l addition of a new draft Article 9A to make it clear that, if a Contracting Party's fuel o

cycle policy is to dispose of spent fuel, then disposal would be in accordance with the t

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safety obligations for disposal of radioactive waste under the draft convention. This new article is consistent with the underlying philosophy of the draft convention that each Contracting Party is responsible for deciding when, if ever, to designate spent fuel as radioactive waste. Thus, a Contracting Party could decide to dispose of spent fuel as spent fuel.

changes to the preamble and definitions in the draft convention text.

o adoption of a " late ratifying State" provision in draft Article 27.

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an interval between review meetings of three years was adopted in draft Article 28.

a recommendation of a two-tier entry into force provision in draft Article 38 under o

which 25 instruments including 15 from States with nuclear power plants would be required.

o minor word changes to draft Articles 7,10,12,13,16, 21, 26, 34, and 37.

Next Stens. At the end of the meeting, a text was produced for the draft convention including the revisions made to the draft articles discussed during the meeting. Members have a week to review the draft text in order to suggest modification of errors to the Secretariat. By Monday, March 24,1997, any spelling errors, punctuation changes, or minor revisions are due in the Secretariat's hands. The Secretariat will thereafter produce a "Rev. 2" version of the draft convention with renumbered articles.

1 After some discussion, members determined to draw the line on further improving changes to the draft convention's text. Statements were made to the effect that the group had produced the best text it could hope to produce and that, although disagreements remained over the structure of the draft convention and over the transboundary movement draft article, the disagreements were not of a nature that further meetings of the group of experts would be likely to resolve them.

With the disagreements previously noted, it was recommended that the draft convention should be foiwarded to the Director General of the IAEA for consideration by the Board of Governors at an early date. It was also recommended that a Diplomatic Conference should be convened to consider the draft text before the September 1997 IAEA General Conference.

Attachments: List of Participants Draft Text i

i

e Convention on the Safety of Radioactive Waste Management RWSC/7/INF.3 14 March 1997 l

Seventh meeting j

Vienna,6 - 14 March 1997 PARTICIPANTS Contact Address / Telephone /Fa.t l

PARTICIPANT DETAILS i

i ARGENTINA l

Mr. Dan Beninson President, ENREN I

Mr. Gabriel Maffei Permanent Mission Goldschmiedgasse 2/1, A-1010 Vienna Tel: 533 84 630; Fax: 533 87 97 Ms. Martha H. de Pahissa CNEA Ms. Diana A. Clein CNEA Av. Del Libertador 8250, (1429) Buenos Aires i

l Tel: 541480 0184; Fax: 541480 0059 AUSTRALIA Mr. Maurice I. Ripley Counsellor, Permanent Mission Mr. Steven McIntosh First Secretary, Permanent Mission Mattiellistrasse 2-4/III, A-1040 Vienra Tel: (431) 512 8580; Fax: (431) 5041178 AUSTRIA Mr. F. Mayrhofer-Grunbuhel Per aanent Mission Room 75., A1014 Vienna Tel: 53115-3537; Fax: 53185 216 Mr. Fritz Werner Schmidt Director, Austrian Federal Chancellery Division for Nuclear Co-ordination and Nonproliferation Hohenstaufengasse 3, A - 1014 Vienna Tel: 53115 2924; Fax: 533 68 82 Mr. Rainer Scheffenegger Federal Ministry for Health and Consumer Protection Ms. E. Letmer Mr. T. Behofsics BELARUS Mr. Shaladonau Third Secretary, Permanent Mission Erzherzog Karl-Strasse 182, A-1220 Vienna Tel: 283 58 85; Fax 283 5886 i

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BELGIUM Mr. Marc Pecsteen First Secretary, Permanent Mission Wohllebengasse 6, A-1040 Vienna I

Tel: 502 07; Fax: 502 0711 i

BRAZIL l

Mr. Sergio Caldas Abi-Sad Counsellor, Permanent Mission l

Lugeck 1/V/15, A1010 Vienna j

Tel: 512 0631; Fax: 513 8374 l

Ms. Ana Maria Xavier Licensing and Control Superintendent National Nuclear Energy Commission i

BULGARIA Mr. Pavlin Peev National Electricity Company 1

Mr. Roubin Dobrev Counsellor, Permanent Mission Schwarzenbergplatz 10/2, A-1040 Vienna Tel: 5051325; Fax: 504 5487 CANADA Mr. George Jack Atomic Energy Control Board 280 Slater St. PO 1046, Station B, Ottawa, K1P5S9 Tel: (613) 995-65%; Fax: (613) 995-5086 E-mail: Jack.g@atomeon.gc.ca j

Ms. Ginette Tognet Economic Law Division, Department of Foreign l

Affairs and International Trade j

Lester B. Pearson Building,125 Sussex Drive Ottawa, Ontario, KI A OG2 j

Tel: (613) 9951108; Fax: (613) 992 2467

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1 Mr. James A. Casterton Consellor, Permanent Mission Laurenzerberg 2, A1010 Vienna Tel: 531383000; Fax: 531383321 l

CHILE Mr. Claudio Silva Hennings Scientific Counsellor, Permanent Mission Mr. Luciano Parodi Gambetti First Secretary, Permanent Mission Am Lugeck 1/III/10, A-1010 Vienna Tel: 512 9208; Fax: 512 920 833 Mr. Mauricio Lichtemberg Villarroel Chief Department of Nuclear Safety and Radiation, Nuclear Energy Commission i

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CHINA J

Mr. ZHU Jialuo Advisor of Sci & Tech. Committee, China Atomic i

Energy Authority (CAEA)

Mr. CHEN Changhe Deputy Director of Division, International Cooperation Bureau, CNNC

- Mr. WANG Xiaoli Vice Chief Engineer, Nuclear Fuel Bureau, CNNC Mr. ZHAO Yamin Director of Division, Natl. Environment Protection Agency Mr. ZHAO Yongkang Director of Division, National Nuclear Safety Adm.

i Mr. YANG Xiadong Third Secretary, Ministry of Foreign Affairs Mr. XU Changming Adviser, Permanent Mission Steinfeldgasse 3, A-1190 Vienna i

Tel: 37 4305, Fax: 37 6626 CROATIA l

Mr. Damir Subatid Director, Hazardous Waste Management Agency Mr. Ivo Valcid Head of Nuclear Safety Department, Ministry of Economy Ms. Jasna Ognjanovac Minister Counsellor, Permanent Mission Neutorgasse 12/10, A1010 Vienna

,j Tel: 535 6437; Fax: 535 2574 CUBA Mr. Enrique H. Franklin Saburido Counsellor, Permanent Mission Himmelhofgasse 40 a-c, A1130 Vienna Tel: 877 2159; Fax: 877 7703 s

CZECH REPUBLIC Mr. Karel Jindfich State Office for Nuclear Safety Mr. Miroslav Kucerka Ministry for Industry and Trade j

DENMARK Mr. Jimmy Thomsen Ministry of Interior Mr. Steen Hoe Ministry of the Interior j

Emergency Management Agency Datavej 16, PO Box 189, DK - 3460 Birkered Tel: (45) 45 82 54 00; Fax: (45) 45 82 65 65 l

Ms. Sidsel Bregnhej Ministry of the Interior, Emergency Management l

Agency l

f ESTONIA l

l Mr. Mark Sinisoo Senior Counsellor, Ministry of Foreign Affairs 1

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4 FINLAND Senior Adviser, Ministry of Trade & Industry Ms. P#ivi Janka Pohj.Makasiinikatu 6 SF-00130 Helsinki Tel: 3581601; Fax: 358160 2695 FRANCE Counsellor, Permanent Mission Mr. Daniel L,abrosse DSIN, Ministry of Industry Mr. Michel Asty BP No.6,60-64 Avenue de la Division Leclerc F-92265 Fontenay-aux-Roses Fax: 3314319 7069 l

International Affairs Division, CEA Mr. Cyril Pinel 31, Rue de la Federation - 75752 Paris Tel: 3314056 2363; Fax: 3314273 0151 l

E-mail: pinel @portos.cea.fr DGA, Ministry of Defense Mr. Pierre Fessler GERMAhT Federal Ministry for the Environment, Nature Mr. Peter Von Dobsch0tz Conservation and Nuclear Safety Postfach 12 % 29, Husarenstr. 30, D 53117 Bonn 2 Tel: 49 (228) 305 2871; Fan. 49 (228) 305 2899 i

Federal Office of Radiation Protection (BfS)

Mr. Helmut R6themeyer 49 (531) 592 7600; Fax: 49 (531) 592 7614 i

Tel:

University of G6ttingen Mr. Norben Pelzer Tel: 49(551)394754/394759(sec); Fax 49(551)394767 1

Counsellor, Permanent Mission Ms. Bettina Gellbach Wagramerstr.14, A1220 Vienna Tel: 2315 710; Fax 2315716 GREECE Greek Atomic Energy Commission Prof. M. Antonopoulos-Domis l

Legal Adviser Ms. Papathanassiou l

Permanent Mission Mr. P. Papadimitropoulos i

Argentinierstrasse 14, A1040 Vienna Tel: 505 5791; Fax: 505 6217

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• 5 HOLY SEE Dr. Marco Ferraris Adviser, Permanent Mission Theresianumgasse 33/4, A1040 Vienna Tel: 505 85 01: Fax: 505 850175 l

HUNGARY Ms. Ildik6 Czoch Hungarian Atomic Energy Commission Mr. Jinos N6meth Ministry of Environment Protection and Reg. Dev.

f Mr. Sindor Pellet Public Health and Medical Officer Services i

Mr. Liszl6 Juhisz F.J. Curie National Research Institute of Radiobiology and Radiohygiene INDIA Mr. K. Balu Director, FR & NWM Group, Bhabha Atomic Research Centre Mr. K. Raghuraman Counsellor, Permanent Mission INDONESIA H.E. Mr. Sumaryo Suryokusumo Resident Representative, Permanent Mission Mr. I Gde Djelantik Counsellor, Permanent Mission Mr. Suhartono Zahir Scientific Attache, Permanent Mission Mr. Lasro Simbolon Third Secretary, Pennanent Mission IRAN Mr. Iraj Bayat Head, Waste Management, Atomic Energy Orgamzation Mr. Abdolami Tabibian Atomic Energy Organization IRAQ Mr. Khudair Abdul Rahim Adviser, Permanent Mission 4

IRELAh3 Mr. Frank Turvey Radiological Protection Institution (RPII) 3 Clonskeagh Squ., Conskeagh Rd.,14 Dublin Tel: 3531269 7766; Fax: 3531269 7437 Ms. Patricia O'Brien Office of the Attorney General l

ISRAEL I

Mr. Moshe Marelly Nuclear Research Centre - Negev k

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t ITALY.

l Mr. R. Di S:: pia Permanent Mission l

Hoher Markt 8-9, A1010 Vienna

.Tel: 5351620; Fax: 53516 2935 Mr. Giuseppe Grossi National Agency for Environmental Protection i

(ANPA),48 Via Vitaliano Brancati, I-00144 Rome Tel: 39 6 3048 4695; Fax 39 6 3048 6590 i

Mr. P. Risoluti ENEA, Department of Energy

' JAPAN Mr. Shoichi NAGAYOSHI Official, Science and Nuclear Division, Foreign j

i Policy Bureau, Ministry of Foreign Affairs, Tokyo Tel: (813) 35813518; Fax: (813) 35% 2427 j

i Mr. Kazumasa HIOK1 Director, Office of International Relations, Nuclear Safety Bureau, Science and Technology Agency, Tokyo Tel: (813) 35812598; Fax: (813) 35812487 Mr. Hiromichi SUZUK)

Deputy Director, Office of Radioactive Waste Regulation Nuclear Safety Bureau, Science and j

Technology Agency, Tokyo Tel: (813) 35813684; Fax: (813) 35810774 Mr. Shigeru WATATANI Coordination Section, Radioactive Waste Management Project, Power Reactor and Nuclear Fuel Development Corporation, Tokyo

Tel: (813) 3586 3311; Fax: (813) 3586 2786 Ms. Hiroko KUSUNOSE Technical Official, Agency of Natural Resources and Energy, Ministry of International Trade and Industry, Tokyo Tel: (813) 3501 1991; Fax: (813) 35018447 Mr. Takashi KOMATSU Technical Counsellor for Nuclear Safety, Nuclear Safety Bureau, Science and Technology Agency Tel: (813) 35910541; Fax: (813) 3580 6847 KENYA Mr. Solomon K. Wanguru Chief Radiation Protection Officer Mr. E. M. Barine Second Secretary, Permanent Mission l

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REPUBLIC OF KOREA Mr. Jung-Gum CHUNG Deputy Director-General, Treaties Bureau f

Ministry of Foreign Affairs (MOFA)

Counsellor, Permanent Mission Mr. Chung-Won CHO l

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- Mr. Jae-Ock CHANG

. Director, Radiation Safety Division l

t Ministry of Science and Technology (MOST) l l

Manager, Radwaste Safety Assessment Mr. Tae-Won SUK Korea Institute of Nuclear Safety (KINS) l

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Mr. Chang-Lak KIM Manager, Safety Assessment Team l

Korea Electric Power Corporation (KEPCO) l Science Attache, Permanent Mission Mr. Won-Jae PARK l

Gregor-Mendel-Strasse 25, Al180 Vienna j

Tel: 4781991-5; Fax: 4781013 i

LEBANON l

Counsellor, Permanent Mission Mr. Michel Katra Oppotzergasse 6/3, A-1010 Vienna Tel: 533 88 21/22; Fax: 533 4984 i

l LUXEMBOURG Counsellor, Ministry of Foreign Affairs Mr. Paul Kayser 1 Avenue des Archiducs, L-ll35 Luxembourg l

l Tel: 352 44 5570; Fax: 352 46 2362 -

MEXICO l

H.E. Ms. Roberta Lajous Vargas Resident Representative, Permanent Mission Scientific Attache, Permanent Mission l

Mr. Sergio Ajuria Garza Mr. Luis Javier Herrera Secretary, Permanent Mission Turkenstr.15, A1090 Vie ma Tel: 310 7333; Fax: 310 7387 Mr. Hermenegildo Maldonado Comision Nacional de Seguridad Nuclear y Salvaguardias Dr. Barragan 779 2 Piso, Col.Narvane, C.P.03020 Tel: 590 7021; Fax 590 6103 MOROCCO Resident Representative, Permanent Mission l

H.E. Abderrahim Benmoussa Mr. Mohammed Arrouchi Secretary, Permanent Mission Opernring 3-5/1/4, A-1010 e

Tel:-586 6650; Fax: 586 7667 e

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H NETHERLANDS Ministry of Foreign Affairs Mr. Jan Peter H. Bosman Head, Energy Technology and Research Division, P.O. Box 20061, NL-2500 EB The Hague Tel: 3170 348 4971; Fax: 3170 348 4412 r

Ministry of Housing, Spatial Planning & Environment Dr. Henk A. Selling 8, Rijnstraat, PO Box 30945,2500 GX The Hague Telt 3170 3394958; Fax: 3170 3391314 E-mail: selling @dsys.dgm.vrom.nl i

l Ministry of Economic Affairs Dr. H.T. Cahen NEW ZEALAND Resident Representative, Permanent Mission l

H.E. Mr. Alan H. Cook Mattiellistr. 2-4/3, A-1040 Vienna Tel: 505 3021; Fax: 505 3020 NORWAY Asst. Director General, Royal Ministry of Foreign Mr. Olav Berstad Affairs Executive Officer, Royal Ministry of Foreign Affairs d

Mr. Erik Aakre Senior Executive Officer, Norwegian Radiation Ms. Anita Andersson 3erlie Protection Authority PAKISTAN Senior Principal Engineer, Pakistan Atomic Energy Mr. Raze-ur-Rehman Commission PERU Counsellor, Permanent Mission Ms. Liliam Ball 6n de Am6zaga Gottfried Keller-Gasse 2/8/36, A-1030 Vienna Tel: 713 4377; Fax: 712 7704 P

PHILIPPINES Minister, Permanent Mission Ms. Victoria S. Bataclan Third Secretary, Permanent Mission Mr. Raul M. Santiago Jr.

Adviser, Permanent Mission Ms. Faith Bautista Laurenzerberg 2, A1010 Vienna Tel: 533 2401; Fax: 533 240124 POLAND National Atomic Energy Agency Mr. Janusz Wloda.rski institute of Atomic Energy Mr. Andrzej Cholerzynski Ministry of Foreign Affairs Mr. Krzysztof Pi6tkowski

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PORTUGAL Mr. Armando Severo Director General of Environment ROMANIA Mr. Marin Putineanu.

Permanent Mission Belvedereg.18/l st./ Top C1, A-1040 Vienna Tel: 504 98 47; Fax: 504 98 49 RUSSIAN FEDERATION Mr. V. Pavlinov Permanent Mission Mr. A. Bakouniaev Permanent Mission Erzherzog Karl-Strasse 182, A-1220 Vienna Tel: 282 53 91; Fax: 282 53 93 Mr. A. Ubeev Ministry of Foreign Affairs Mr. V. Prokhorov Ministry of Foreign Affairs Mr. I. Feofanov Ministry of Foreign Affairs Ministry of the Russian Federation on Atomic Energy Mr. V. Akhunov Ministry of the Russian Federation on Atomic Energy Mr. Igor I. Kouleshov Mr. Alexander A. Erastov Ministry of the Russian Federation on Atomic Energy Federal Nuclear and Radiation Safety Authority Mr. A. Kislov SAUDIA ARABIA Mr. Ibrahim M. Al-Taifi Permanent Mission Formanekgasse 38, A-1190 Vienna Tel: 368 2316; Fax: 368 2560 SLOVAKIA Mr. Dominik Pacala Permanent Mission Blaasstrasse 34, A1190 Vienna Tel: 368 9432-33; Fax: 368 9434 Nuclear Regulatory Authority Mr. Mikulit Turner Mr. Ladislav Koneen Nuclear Regulatory Authority Mr. Peter Gail State Health Institute Mr. Vladimir Jurina Ministry of Health Mr. Imrich SzitAl Ministry of Economy Mr. Miroslav scasn Ministry of Economy l

SLOVENIA Mr. Miroslav Gregoric Slovenian Nuclear Safety Administration SOUTH AFRICA Senior Manager, Scientific, Engineering and Technical Mr. Phil Metcalf Services, Council for Nuclear Safety I

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a 10 SPAIN Mr. Esteban Sinchez Sordo Ministry for Industry and Energy Fax: 341457 8%6 Ms. Carmen Ruiz Lopez CSN Justo Dorado, 11,28040 Madrid Tel: 346 0143; Fax: 346 0588 E-mail: merl@csn.es i

Mr. Alvaro Rodriguez Beceiro ENRESA SUDAN H.E. Prof. Ahmed Abdel Halim Resident Representative, Permanent Mission Mr. Adam Yousif Mohamed Alternate Representative, Permanent Mission Alternate Representative Permanent Mission Mr. Kureng Akuei Pac Friedrich Schmidtplatz 3, A-1080 Vienna Tel: 403 6640; Fax: 403 6642 SWEDEN Ms. Kristina Wallsn -

Swedish Nuclear Power Inspectorate 1% 58 Stockholm Tel: 46 8 698 8662; Fax: 46 8 6619086 E-mail: kristina@ ski.se Swedish Radiation Protection Institute Mr. Gunnar Johansson Box 60204, S-104 01 Stockholm Tel: 46 8 729 7100; Fax: 46 8 33 0831 SWITZERLAND Mr. M. Aebersold Federal Office for Energy THAILAND Second Secretary, Permanent Mission Ms. Morakot Sriswasdi Weimarerstrasse 68, A1180 Vienna Tel: 478 2729; Fax: 478 2907 TUNISIA Resident Representative, Permanent Mission H.E. Mr. Mohamed El Fadhel Khalil First Secretary, Permanent Mission Mr. Zied Bouzouita Openring 5/3, A1010 Vienna Tel: 5815281/82; Fax: 5815592

4' 11 TURKEY Mr. 6zer 6zerden Counsellor, Permanent Mission Ms. Nehir Onel Legal Adviser, Permanent Mission Mr. Haldun Kog Third Secretary, Permanent Mission Rennweg 17, P.O. Box 13, A1030 Vienna l

l Tel: 714 2095-97; Fax: 714 2099 l

l UKRAINE Mr. Constantin Rudya.

Ministry for Environmental Protection and l

l Nuclear Safety l

Mr. Yuriy Polurez First Secretary, Permanent Mission Mr. Oleg Gerasimenko Ministry of Foreign Affairs i

Mr. Volodymyr Ryabtsev Ministry of Foreign Affairs UNITED KINGDOM Mr. Stephen Claughton Department of the Environment Room A517, Romney House,43 Marsham Street London SW1P 3PY i

Tel: 44171276 8613; Fax: 44171276 8938 Ms. Cath Shaw Department of the Environment Room N17/10,2 Marsham Street, London SWIP 3EB Tel: 44171276 4049; Fax: 44171276 0590 Mr. Alistair McGlone Department of the Environment Floor 9/J9 Eland House, Bressenden Place i

London SWIE SDU Tel: 44171890 4814; Fax: 44171890 4804 Mr. Joe McHugh Environment Agency Rio House, Waterside Drive, Aztec West Almondsbury, Bristol BS12 4UD Tel: 441454 624097; Fax: 441454 624319 Mr. Peter Dickenson Health and Safety Executive 3rd Floor, Rose Coun,2 Southwark Bridge IAndon SE19HS l

Tel: 44171717 6849; Fax: 44 171 717 6884 UNITED STATES OF AMERICA Mr. Richard Stratford Depanment of State Mr. Ben McRae Department of Energy Mr. David Huizenga Department of Energy Mr. William Reamer Nuclear Regulatory Commission Mr. Michael Bell Nuclear Regulatory Commission 4

Ms. Mary E. Clark Environmental Protection Agency 1L--- -

e 12 OBSERVERS TITLE EUROPEAN UNION /

EUROPEAN COMMISSION Mr. D. Taylor Environment, Nuclear Safety and Civil Protection Rue de la Loi 200, B1049 Brussels Tel: (322) 299 0132; Fax: (322) 295 0061 Mr. S. Schneider External Relations Rue Belliard 28, B1040 Bruxelles Tel: (322) 299 0018; Fax: (322) 296 9309 NEA/OECD Ms. Amelia de Kageneck legal Affairs Le Seine S;-Germain,12, Boulevarde des Illes 92130 Issy-les-Moulineaux, France Tel: (331) 45 241000; Fax: (331) 45 241110 Chairman of the Group of Experts Prof. A.J. Baer IAEA Mr. G. Webb Scientific Secretary, Division of Radiation & Waste Safety Mr. W. Tonhauser Scientific Secretary, Legal Division Mr. A. Gonzflez Director, Division of Radiation & Waste Safety Mr. L. Johnson Director, Legal Division Mr. W. Sturms Advisor to Deputy Director General Department of Admistration Mr. M. Raynal

' Division of Radiation & Waste Safety Mr. G. Linsley Division of Radiation & Waste Safety

.. _ _ _ _ _. _ _ _ _, _ _ ___ _.. _ - _ _. _ - ~ _ _ _ _. _ _._ _

w RWSC 7. DRAFT 7 (REV 1) 1997-03 14 GROUP OF EXPERTS ON A CONVENTION ON THE SAFETY OF RADIOACTIVE WASTE MANAGEMENT SEVENTH WORKING DRAFT OF A JOINT CONVENTION ON THE SAFETY OF SPENT FUEL MANAGEMENT AND ON i

THE SAFETY OF RADIOACTIVE WASTE MANAGEMENT PREAMBLE l

CHAPTER 1 OBJECTIVES, DEFINITIONS AND SCOPE OF APPLICATION l

l ARTICLE 1 OBJECTIVES ARTICLE 2 DEFINITIONS ARTICLE 3 SCOPE OF APPLICATION CHAPTER 2 SAFETY OF SPENT FUEL MANAGEMENT ARTICLE 4 GENERAL SAFETY REQUIREMENTS ARTICLE 5 EXISTING FACILITIES ARTICLE 6 SITING OF PROPOSED FACILITIES ARTICLE 7 DESIGN AND CONSTRUCTION OF FACILITIES ARTICLE 8 ASSESSMENT OF SAFETY OF FACILITIES ARTICLE 9 OPERATION OF FACILITIES-ARTICLE 9A DISPOSAL OF SPENT FUEL CHAPTER 3 SAFETY OF RADIOACTIVE WASTE MANAGEMENT ARTICLE 10 GENERAL SAFETY REQUIREMENTS ARTICLE 11 EXISTING FACILITIES AND PAST PRACTICES ARTICLE 12 SITING OF PROPOSED FACILITIES r

ARTICLE 13 DESIGN AND CONSTRUCTION OF FACILITIES ARTICLE 14 ASSESSMENT OF SAFETY OF FACILITIES ARTICLE 15 OPERATION OF FACILITIES ARTICLE 16 INSTITUTIONAL MEASURES AFTER CLOSURE CHAPTER 4 GENERAL SAFETY PROVISIONS ARTICLE 17 IMPLEMENTING MEASURES l.

ARTICLE 18 LEGISLATIVE AND REGULATORY FRAMEWORK ARTICLE 19 REGULATORY BODY j

ARTICLE 20 RESPONSIBILITY OF THE LICENCE HOLDER ARTICLE 21 HUMAN AND FINANCIAL RESOURCES ARTICLE 22 OUALITY ASSURANCE l

ARTICLE 23 OPERATIONAL RADIATION PROTECTION L

ARTICLE 24 EMERGENCY PREPAREDNESS l

ARTICLE 24A DECOMMISSIONING

CHAPTER 5 MISCELLANEOUS PROVISIONS j

ARTICLE 25 TRANSBOUNDARY MOVEMENT ARTICLE 26 DISUSED SEALED SOURCES CHAPTER 6 MEETINGS OF THE CONTRACTING PARTIES ARTICLE 27 PREPARATORY MEETING ARTICLE 28 REVIEW MEETINGS ARTICLE 29 EXTRAORDINARY MEETINGS ARTICLE 30 REPORTING ARTICLE 31 ATTENDANCE ARTICLE 32

SUMMARY

REPORTS ARTICLE 33 LANGUAGES ARTICLE 34 CONFIDENTIALITY ARTICLE 35 SECRETARIAT CHAPTER 7 FINAL CLAUSES AND OTHER PROVISIONS ARTICLE 36 RESOLUTION OF DISAGREEMENTS ARTICLE 37 SIGNATURE, RATIFICATION, ACCEPTANCE, APPROVAL, ACCESSION

' ARTICLE 38 ENTRY INTO FORCE ARTICLE 39 AMENDMENTS TO THE CONVENTION ARTICLE 40 DENUNCIATION ARTICLE 41 DEPOSITARY ARTICLE 42 AUTHENTIC TEXTS f

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c PREAMBLE The Contracting Parties (i)

Recognizing that the operation of nuclear reactors generates spent fuel and radioactive waste and that other applications of nuclear technologies also generate radioactive waste; (ii)

Recognizing that the same safety objectives apply both to spent fuel management and to radioactive waste management; (iii)

Reaffirming the importance to the international community of ensuring that sound practices are planned and implemented for the safety of spent fuel and of radioactive waste management; (iv)

Recognizing the importance of informing the public on issues regarding the safety of spent fuel and of radioactive waste management; (v)

Desiring to promote an effective nuclear safety culture worldwide; (vil Reaffirming that the ultimate responsibility for ensuring the safety of spent fuel and of radioactive waste management rests with the State; (vii)

Recognizing that the definition of a fuel cycle policy rests with the State, some States considering spent f uel as a valuable resource that may be reprocessed others electing to dispose of it; (viii)

Recognizing that spent fuel and radioactive waste excluded from the present Convention because they are within military or defense programmes should be managed in accordance with the objectives stated in this Convention; (ix)

Affirming the importance of international co-operation in enhancing the safety of spent fuel and of radioactive waste management through bilateral and multilateral mechanisms, and through this incentive Convention.

I 1

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(x)

Mindful cf the nerds cf d; vel: ping countries and of States with cconomies in transition and of the need to facilitate existing mechanisms to assist in the

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fulfillment of their rights and obligations set out in this incentive Convention; (xi)

Convinced that radioacuve waste should, es far as is compatible with the safety of the management of such meterial, be disposed of in the State in which it was generated whilst recognizing that, in certain circumstances, safety of spent fuel and of radioactive waste management might be fostered through agreements among Contracting Parties to use facilities in one of them for the benefit of the other Parties particularly where waste originates from joint projects; (xii)

Recognizing that any State has the right to ban import into its territory of foreign spent fuel and of radioactive waste; (xiii)

Keeping in mind the Convention on Nuclear Safety (1994), the Convention on Early Notification of a Nuclear Accident (1986), the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency (1986), the Convention on the Physical Protection of Nuclear Material (1980), the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter as amended (1994) and other relevant internationalinstruments; i

(xiv)

Keeping in mind the principles contained in the interagency " International Basic j

Safety Standards for Protection against lonizing Radiation and for the Safety of Radiation Sources" (1996), in the IAEA Safety Fundamentals "The Principles of Radioactive Waste Management" (1995), and in the existing international standards relating to the safety of the transport of radioactive materials.

(xv)

Recalling Chapter 22 of Agenda 21 by the United Nations Conference on Environment and Development in Rio de Janeiro adopted in 1992, which reaffirms the paramount importance of the safe and environmentally sound management of radioactive waste; (xvi)

Recognizing the desirability of strengthening the international control system applyi.sg specifically to radioactive materials as referred to in Article 1(3) of the Basel Convention on the Control of Transboundary Movements of Hazardous t

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c j

Wastss cnd Their Disposal (1989);

i Have agreed as follows:

CHAPTER 1. OBJECTIVES, DEFINITIONS AND SCOPE OF APPLICATION j

t ARTICLE 1. OBJECTIVES l

The objectives of this Convention are:

(i) to achieve and maintain a high level of safety worldwide in spent fuel and in l

radioactive waste management, through the enhancement of national measures and international co-operation, including where appropriate, safety related technical co-operation; (ii) to ensure that during all stages of spent fuel and of radioactive waste management there are effective defenses against potential hazards so that individuals, society l_

and the environment are protected from harmful effects of ionizing radiation, now I

and in the future, in such a way that the needs and aspirations of the present generation are met without compromising the ability of future generations to meet their needs and aspirations; (iii) to prevent accidents with radiological consequences and to mitigate their consequences should they occur during any stage of spent fuel or of radioactive waste management.

l ARTICLE 2. DEFINITIONS i

For the purposes of this Convention:

(a)

' closure" means the completion of all operations at some time after the emplacement of spent fuel or radioactive waste in a disposal facility. This includes the final engineering or other work required to bring the facility to i

4 4

a condition that will be safe in the long term; i

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I (b)

• decommissioning" m:ans all st ps leading to the r: lease cf a nuclear facility other than a disposal facility from regulatory control. These steps include the processes of" decontamination and dismantling; (c)

"discherpes" means planned and controlled releases into the environment, as a legitimate practice, wthin limits authorized by the regulatory body, of liquid or gaseous radioactive materials that originate from regulated nuclear facilities during normal operation; t

r (d)

" disposal" means the emplacement of spent fuel or radioactive waste in an appropriate facility without the intention of retrieval; (e)

" licence" means any authoritation, permission or certificatinn grantri by a regulatory body to carry out any activity related to management of spent fuel or of radioactive waste; (f)

" nuclear facility" means a civilian facility and its associated land, buildings i

and equipment in which radioactive materials are produced, processed, used, handled, stored or disposed of on such a scale that consideration of safety is required; (g)

" operating lifetime" means the period during which a spent fuel or a radioactive waste management facility is used for its intended purpose. In the case of a disposal facility, the period begins when spent fuel or radioactive waste is first emplaced in the facility and ends upon closure of the facility; (h)

"redioactive weste" means radioactive material in gaseous, liquid or solid form for which no further use is foreseen by the Contracting Party or by a natural or legal person whose decision is accepted by the Contracting Party and which is controlled as radioactive waste by a regulatory body under the legislative and regulatory framework of the Contracting Party; (i)

"redioactive waste management" means all activities, including decommissioning activities, that relate to the handling, pretreatment, 4

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trottment, c:nditianing, starcge, er disposal cf r diorctive wasts, excluding cff site transp:rtation. It may also involve discharges; (j)

" radioactive waste management facility" means any facility or installation the primary purpose of which is radioactive waste management, including a nuclear facility in the process of being decommissioned only if designated I

by the Contracting Party as a radioactive waste management facility; (k)

"repu/atory body"means any body or bodies given the legal authority by the Contracting Party to regulate any aspect of the safety of spent fuel or of t

radioactive waste management including the granting of licences; (1)

" reprocessing" means a process or operation, the purpose of which is to extract radioactive isotopes from spent fuel for further use; l

(m)

" sealed source" means radioactive material that is permanently sealed in a l

capsule or closely bonded and in a solid form, excluding reactor fuel i

elements; (n)

" spent fuel" means nuclear fuel that has been irradiated in and permanently l

removed from a reactor core; l

l (o)

" spent fue/ management" means all activities that relate to the handling or storage of spent fuel, excluding off site transportation; (p)

" spent fuel management facility" means any facility or installation the l

pnmary purpose of which is spent fuel management, it may also involve discharges; (q)

" State of destination" means a State to which a transboundary movement is planned or takes place; (r)

" State of origin" means a State from which a transboundary movement is planned to be initiated or is initiated; i

3 5

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v (s)

"St;t] of tr:nsit" mrns cny State, eth;r thin a Stats of crigin or a State of destination, through whose territory a transboundary movement of spent fuel or radioactive waste is planned or takes place; (t)

" storage" means the holding of spent fuel or of radioactive waste in a facility that provides for its containment, with the intention of retrieval; (u)

"transboundary movement" means any shipment of spent fuel or of radioactive waste from a State of origin to a State of destination.

ARTICLE 3.

SCOPE OF APPLICATION 1.

This Convention shall apply to the safety of spent fuel management when the spent i

fuel results from tne operation of civilian nuclear reactors except spent fuel held at reprocessing facilities as part of a reprocessing activity.

2.

This Convention shall also apply to the safety of radioactive waste management i

when the radioactive waste results from civilian applications. However, this Convention shall not apply to waste that contains only naturally occurring radioactive materials and that does not originate from the nuclear fuel cycle, unless it constitutes a disused sealed source or it is declared as radioactive waste for the purposes of this Convention by the Contracting Party.

3.

This Convention shall not apply to the safety of management of spent fuel or i

radioactive waste within military or defence programmes, unless declared as spent fuel or radioactive waste for the purposes of this Convention by the Contracting Party. However, this Convention shall apply to the safety of management of spent fuel and radioactive waste from military or defence programmes if and when such materials are cransferred permanently to and managed within exclusively civilian programmes.

4.

This Convention shall also apply to discharges as provided for in Articles 4,10,13, 23 and 24A.

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s CHAPTER 2 SAFETY CF SPENT FUEL MANACEMENT ARTICLE 4. GENERAL SAFETY REQUIREMENTS l

Each Contracting Party shall take the appropriate steps to ensure that at all stages of spent fuel management, individuals, society and the environment are adequately protected against radiological hazards.

In so doing, each Contracting Party shall take the appropriate steps to:

(i) ensure that criticality and removal of residual heat generated during spent fuel management are adequately addressed; (ii) ensure that the generation of radioactive waste associated with spent fuel management is kept to the minimum practicable consistent with the type of fuel cycle policy adopted; 1

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(iii) take into account interdependencies among the different steps in spent fuel i

management; (iv) provide for effective protection of individuals, society and environment, by applying at the nationallevel suitable protective methods as approved by the regulatory body, in the framework of nationallegislation which takes due regard of internationally endorsed criteria and standards; (v) take into account the biological, chemical and other hazards that may be associated with spent fuel management; (vi) strive to avoid actions that impose reasonably predictable impacts on future generations greater than those permitted for the current generation; (vii) aim to avoid imposing undue burdens on future generations.

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i s

ARTICLE 5.

EXISTING FACILITIES i

Each Contracting Party shall take the appropriate steps to review the safety of any l

spent fuel management facility existing at the time the Convention enters into force for that Contracting Party and to ensure that, if necessary, all reasonably practicable improvements are made to upgrade the safety of such a facility.

l ARTICLE 6. SITING OF PROPOSED FACILITIES i

l 1.

Each Contracting Party shall take the appropriate steps to ensure that procedures are established and implemented for a proposed spent fuel management facility:

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(i) to evaluate all relevant site-related factors likely to affect the safety of such a facility during its operating lifetime; l

l (ii) to evaluate the likely safety impact of such a facility on individuals, society and the environment; (iii) to make information on the safety of such a facility available to members of the public; j

(iv) to consult Contracting Parties in the vicinity of such a facility, insofar as they are likely to be affected by that facility, and provide them, upon their request, with general data relating to the facility to enable them to evaluate the likely safety impact of the facility upon their territory.

2.

In so doing, each Luntracting Party shall take the appropriate steps to ensure that such facilities shall not have unacceptable effects on other Contracting Parties by being sited in accordance with the general safety requirements of Article 4.

ARTICLF 7. DESIGN AND CONSTRUCTION OF FACILITIES Each Contracting Party shall take the appropriate steps to ensure that:

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(i) the design and construction of a spent fuel management facility provide for 8

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suitable m2asures to limit possible radiological impacts on individuals, society and the environment, including those from discharges or uncontrolled releases; l

l (ii) at the design stage, conceptual plans and, as necessary, technical provisions for decommissioning of a spent fuel management facility would be taken l

into account; I

(iii) the technologies incorporated in the design and construction of a spent fuel management facility are supported by experience, testing or analysis.

l ARTICLE 8. ASSESSMENT OF SAFETY OF FACILITIES Each Contracting Party shall take the appropriate steps to ensure that:

l (i) before construction of a spent fue! management f acility, a systematic safety assessment and an environmental assessment appropriate to the hazard 1

l presented by the facility and covering its operating lifetime shall be carried i

out; (ii) before the operation of a spent fuel management facility, updated and detailed versions of the safety assessment and of the environmental l

assessment shall be prepared when deemed necessary to complement the l

assessments referred to in paragraph (i).

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ARTICLE 9. OPERATION OF FACILITIES I

i Each Contracting Party shall take the appropriate steps to ensure that:

i (i) the license to operate a spent fuel management facility is based upon appropriate assessments as specified in Article 8 and is conditional on the completion of a commissioning programme demonstrating that the facility, as constructed, is consistent with design and safety requirements; 4

(ii) operational limits and conditions derived from the tests, operational l

9 i

cxperience and the assessments, as specifi;d in Articia 8, cre d; fin d cnd revised as necessary; (iii) operation, maintenance, monitoring, inspection and testing of a spent fuel management facility are conducted in accordance with established procedures; (iv) engineering and technical support in all safety-related fields are available l

throughout the operating lifetime of a spent fuel management facility; (v) incidents significant to safety are reported in a timely manner by the holder i

of the licence to the regulatory body; I

(vi) programmes to collect and analyse relevant operating experience are established and that the results are acted upon, where appropriate; i

(vii) decommissioning plans for a spent fuel management facility are prepared and updated, as necessary, using information obtained during the operating lifetime of that facility a1d are reviewed by the regulatory body.

I i

i ARTICLE 9A. DISPOSAL OF SPENT FUEL if, pursuant to its own legislative and regulatory framework, a Contracting Party has l

designated spent fuel for disposal, the disposal of such spent fuel shall be in accordance I

with the obligations of Chapter 3 relating to the disposal of radioactive waste.

CHAPTER 3 SAFETY OF RADIOACTIVE WASTE MANAGEMENT ARTICLE 10. GENERAL SAFETY REQUIREMENTS Each Contracting Party shall take the appropriate steps to ensure that at all stages of radioactive waste management individuals, society and the environment are adequately protected against radiological and other hazards.

j 4

1 in so doing, each Contracting Party shall take the appropriate steps to:

10

(i) cnsure that criticality cnd rsmoval cf residual heat g:n2 rated during spsnt i

fuel management are adequately addressed; i

J (ii) ensure that the generation of radioactive waste is kept to the minimum practicable; l

(iii) take into account interdependencies among the different steps in radioactive 1

• waste management; l

l (iv) provide for effective protection of individuals, society and environment, by i

applying at the national level suitable protective methods as approved by the l

regulatory body, in the framework of its national legislation which takes due regard of internationally endorsed criteria and standards; i

(v) take into account the biological, chemical and other hazards that may be l

l associated with radioactive waste management; i

(vi) strive to avoid actions that impose reasonably predictable impacts on future generations greater than those permitted for the current generation;

(

(vii) aim to avoid imposing undue burdens on future generations.

ARTICLE 11. EXISTING FACILITIES AND PAST PRACTICES l'

Each Contracting Party shall in due course take the appropriate steps to review:

f i

1 (i) the safety of any radioactive waste management facility existing at the time the Convention enters into force for that Contracting Party and to ensure that, if necessary, all reasonably practicable improvements are made to upgrade the safety of such a facility,

)

)

(ii) the resutts of past practices in order to determine whether any intervention is needed for reasons of radiation protection bearing in mind that the s

reduction in detriment resulting from the reduction in dose should be sufficient to justify the harm and the costs, including the social costs, of the 11

intirxntion.

ARTICLE 12. SITING OF PROPOSED FACILITIES 1.

Each Contracting Party shall take the appropriate steps to ensure that procedures are established and implemented for a proposed radioactive waste management facility:

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(i) to evaluate all relevant site-related f actors likely to affect the safety of such l

a facility during its operating lifetime as well as that of a disposal facility i

after closure; l.

(ii) to evaluate the likely safety impact of such a facility on individuals, society and the environment, taking into account possible evolution of the site conditions of disposal facilities after closure;

)

i (iii) to make information on the safety of such a facility available to members of the public;

)

(iv) to consult Contracting Part:es in the vicinity of such a facility, insofar as they are likely to be affected by that facility, and provide them, upon their request, with general data relating to the f acility to enable them to evaluate the likely safety impact of the facility upon their territory.

2.

In so doing, each Contracting Party shall take the appropriate steps to ensure that such facilities shall not have unacceptable effects on other Contracting Parties by being sited in accordance with the general safety requirements of Article 10.

3 ARTICLE 13. DESIGN AND CONSTRUCTION OF FACILITIES Each Contracting Party shall take the appropriate steps to ensure that:

(i) the design and construction of a radioactive waste management facility provide for suitable measures to limit possible radiological impacts on individuals, society and the environment, including those from discharges or uncontrolled releases; 12

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(ii) at the design stage, conc:ptual plans and, as necIssary, technical provisions for decommissioning of a radioactive waste management facility other than a disposal facility would be taken into account;

(

(iii) at the design stage, technical provisions for the closure of a disposal f acility are prepared; i-l (iv) the technologies incorporated in the design and construction of a racioactive waste management facility are supported by experience, testing or analysis.

ARTICLE 14. ASSESSMENT OF SAFETY OF FACILITIES l

Each Contracting Party shall take the appropriate steps to ensure that:

(i) before construction of a radioactive waste management facility, a systematic safety assessment and an environmental assessment appropriate to the hazard presented by the facility and covering its operating lifetime shall be carried out; (ii) in addition, before construction of a disposal facility, a systematic safety assessment and an environmental assessment for the period foliowing closure shall be carried out and the results evaluated against the criteria i

established by the regulatory body; (iii) before the operation of a radioactive waste management facility, updated and detailed versions of the safety assessment and the environmental assessment shall be prepared when deemed necessary to complement the assessments referred to in paragraph (i).

I ARTICLE 15. OPERATION OF FACILITIES Each Contracting Party shall take the appropriate steps to ensure that:

(i) the licence to operate a radioactive waste management facility is based upon appropnate assessments as specified in Article 14 and is conditional I

13

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cn tha completion cf a commissioning programme dimenstrating that the i

fccility, as constructed, is consistant with d3 sign cnd safcty requiremsnts; (ii) operational linpits and conditions, derived from tests, operational experience and the assessments as specified in Article 14 are defined and revised as necessary; (iii) operation, maintenance, monitoring, inspection and testing of a radioactive waste management facility are conducted in accordance with established procedures For a disposal facility the results thus obtained shall be used to verify and to review the validity of assumptions made and to update the assessments as specified in Article 14 for the period after closure; (iv) engineering and technical support in all safety-related fields are available throughout the operating lifetime of a radioartive waste management facility; (v) procedures for characterization and segregation of radioactive waste are applied; (vi) incidents significant to safety are reported in a timely manner by the holder

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of the licence to the regulatory body.

(vii) programmes to collect and analyse relevant operating experience are established and that the ret.ults are acted upon, where appropriate; (viii) decommissioning plans for a radioactive waste management facility other than a disposal facility are prepared and updated, as necessary, using information obtained during the operating lifetime of that facility and are reviewed by the regulstory body; (ix) plans for the closure of a disposal facility are prepared and updated, as necessary, using information obtained during the operating lifetime of that facility and are reviewed by the regulatory body.

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ARTICLE 16.- INSTITUTIONAL MEASURES AFTER Ci.OSURE

)

1 Each Contracting Party shall take the appropriate steps to ensure that after closure of a disposal facility:

i (i) records of the location, design and inventory of that facility required by the regulatory body are preserved; l

(ii) active or passive-institutional controls such as meenitoring or access restrictions are carried out, if required.

[

CHAPTER 4 GENERAL SAFETY PROVISIONS i

ARTICLE 17. IMPLEMENTING MEASURES l

Each Contracting Party shall take, within the framework of its national law, the legislative, regulatory and administrative measures and other steps necessary for I

implementing its obligations under this Convention.

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ARTICLE 18. LEGISLATIVE AND REGULATORY FRAMEWORK 1.

Each Contracting Party shall establish and maintain a legislative and regulatory framework to govern the safety of spent fuel and of radioactive waste management.

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2.

This legislative and regulatorv framework shall provide for:

(i) the establishment of applicable national safety requirements and regulations for radiation safety; (ii) a system of licensing of spent fuel and of radioactive waste management activities; (iii) a system of prohibition of the operation of a spent fuel and of a radioactive waste rnanagement facility without a licence; i

15

.4 (iv) a syst;m cf cppropriate institutional control, regulatory inspection and documsntation and reporting; (v) the enforcement of applicable regulations and of the terms of the licences.

(vi) a clear allocation of responsibilities of the bodies involved in the different steps of spent fuel and of radioactive waste management; 3.

When considering whether to regulate radioactive materials as radioactive waste, Contracting Parties shall take due account of the objectives of this Convention.

ARTICLE 19. REGULATORY BODY 1.

Each Contracting Party shall establish or designate a regulatory body entrusted with the implementation of the legislative and regulatory framework referred to in Article 18, and provided with adequate authority, competence and financial and human resources to P

fulfill its assigned responsibilities.

2.

Each Contracting Party, in accordance with its legislative and regulatory framework, shall take the appropriate steps to ensure the effective independence of the regulatory functions from other functions where organizations are involved in both spent fuel or in

)

radioactive waste management and their regulation.

ARTICLE 20. RESPONSIBILITY OF THE LICENCE HOLDER 1.

Each Contracting Party shall ensure that prime responsibility for the safety of spent fuel or of radioactive waste management rests with the holder of the relevant licence and -

shall take the appropriate steps to ensure that each such licence holder meets its responsibility.

2.

If there is no such licence holder or other responsible party, the responsibility rests with the Contracting Party which has jurisdiction over the spent fu3l or over the radioactive w aste.

ARTICLE 21. HUMAN AND FINANCIAL RESOURCES 16

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Esch Centrceting Pcrty shall take the appropriate st2ps to snsura that:

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l (i) qualified staff are available as needed for safety related activities during the operating lifetime of a spent fuel arid of a radioactive waste management facility; (ii) adequate financial resources are available to support the safety of facilities I

for spent fuel and radioactive waste management during their operating lifetime and for decommissioning:

(iii) financial provision is made which will enable the appropriate institutional controls and monitoring arrangements to be continued for the period deemed necessary following the closure of a disposal facility.

ARTICLE 22. QUALITY ASSURANCE Each Contracting Party shall take the necessary steps to ensure that appropriate quality assurance programmes concerning the safety of spent fuel and of radioactive waste management are e'stablished and implemented.

ARTICLE 23. OPERATIONAL RADIATION PROTECTION 1.

Each Contracting Party shall take the appropriate steps to ensure that during the operating lifetime of a spent fuel or of a radioactive waste management facility:

(i) the radiation exposure of the workers and the public caused by the facility shall be kept as low as reasonably achievable, economic and social factors being taken into account; and (ii) no mdividual shall be exposed, in normal situations, to radiation doses which exceed national prescriptions for dose limitation that take due regard of internationally endorsed standards on radiation protection.

(

2.

Each Contracting Party shall take appropriate steps to ensure that a discharge shall be limited:

17

(i) to ka'ip expssure to radiation cs Isw as reasonably cchievable, economic

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cnd social factors being taken into account; and (ii) so that no individual shall be exposed, in normal situations, to radiation doses which exceed national prescriptions for dose limitation that take due -

regard of internationally endorsed standards on radiation protection.

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3.

Each Contracting Party shall take appropriate steps to ensure that during the operating lifetime of a regulated nuclear facility:

i (i) there are effective measures to prevent unplanned and uncontrolled releases of radioactive materials into the environment; and (ii) in the event that an unplanned or uncontrolled release of radioactive materials into the environment occurs, appropriate corrective measures are j

implemented to control the release and mitigate its effects.

l ARTICLE 24. EMERGENCY PREPAREDNESS 1.

Each Contracting Party shall ensure that before and during operation of a spent fuel and of a radioactive waste management facility there are appropriate on-site and, if necessary, off site emergency plans. Such emergency plans should be tested at an appropriate frequency.

2.

Each Contracting Party shall take the appropriate steps for the preparation and

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testing of emergency plans for its territory insof ar as it is likely to be affected in the event of a radiological emergency at a spent fuel or at a radioactive waste management facility in the vicinity of its territory.

' ARTICLE 24A. DECOMMISSIONING Each Contracting Party shall take the appropriate steps to ensure the safety of decommissioning of a nuclear facility. Such steps shall ensure that:

(i) qualified staff and adequate financial resources are available; 18

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(ii) the provisions of Article 23 with respect to operational radiatien protsetion, discharges and unplanned and uncontrolled releases are applied; (iii) the provisions of Article 24 with respect to emergency preparedness are applied; and (iv) records are kept of information important to decommissioning.

CHAPTER 5 MISCELLANEOUS PROVISIONS l

ARTICLE 25. TRANSBOUNDARY MOVEMENT 1.

Each Contracting Party involved in transboundary movement shall take the appropriate steps to ensure that such movement is undertaken in a manner l

consistent with the provisions of this Convention and relevant binding international l

instruments.

In so doing:

l (i) a Contracting Party which is a State of origin shall take the appropriate steps to ensure that transboundary movement is authorized and takes place only with the prior notification and consent of the State of destination; (ii) transboundary movement through States of transit shall be subject to those l

international obligations which are relevant to the particular modes of transport utilized; (iii) a Contracting Party which is a State of destination shall consent to a transboundary movement only if it has the administrative and technical capacity, as well as the regulatory structure needed to manage the spent fuel or the radioactive waste in a manner consistent with this Convention; (iv) a Contracting Party which is a State of origin shall authorize a transboundary movement of spent fuel or radioactive waste only if it can satisfy itself in accordance with the consent of the State of destination that the 19

r;quir m:nts of subparagraph (iii) cre met prier to transboundary movImInt; l

1 (v) a Contracting Party which is a State of origin shall take the appropriate steps to permit reentry into its territory, if a transboundary movement is j

not or cannot be completed in conformity with this Article, unless an alternative safe arrangement can be made.

2.

A Contracting Party shall not license the shipment of its spent fuel or radioactive waste to a destination south of latitude 60 degrees South for storage or disposal.

3.

Nothing in this Convention prejudices or affects:

(i) the exercise, by ships and aircrafts of all States, of maritime, river and air navigation rights and freedomr, a:: provided for in international law; (ii) rights of a Contracting Party to which radioactive waste is exported for processing to return, or provide for the return of, the radioactive waste and other products after treatment to the State of origin; (iii) the right of a Contracting Party to export its spent fuel for reprocessing; (iv) rights of a Contracting Party to which spent fuelis exported for reprocessing to return, or provide for the return of, radioactive waste and other products resulting from reprocessing operations to the State of origin; ARTICLE 26. DISUSED SEALED SOURCES 1.

Each Contracting Party shall, in the framework of its national law, take the appropriate steps to ensure that the possession, remanufacturing or disposal of disused I

sealed sources takes place in a safe manner.

2.

A Contracting Party shall allow for reentry into its territory of disused sealed sources if, in the framework of its national law, it has accepted that they be returned to a manufacturer qualified to receive and possess the disused sealed sources.

I 20 I

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a CHAPTER 6 MEETIN2S OF THE CONTRACTING PARTIES ARTICLE 27. PREPARATORY MEETING l

l 1.

A preparatory meeting of the Contracting Parties shall be held not later than six

{

months after the date of entry into force of this Convention.

2.

At this meeting, the Contracting Parties shall:

I l

(i)

~ determine the date for the first review meeting as referred to in Article 28.

This review meeting shall be held as soon as possible, but not later than thirty months after the date of entry into force of this Convention:

l (ii) prepare and adopt by consensus Rules of Procedure and Financial Rules (iii) establish in particular and in accordance with the Rules of Procedure:

)

(a) guidelines regarding the form and structure of the national reports to i

be submitted pursuant to Article 30;

]

(b) a date for the submission of such reports;

]

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[

(c) the process for reviewing such reports.

l 3.

Any State or regional organization of an integration or other nature which ratifies, accepts, approves, accedes to or confirms this convention and for which the convention is not yet in force, may attend the preparatory meeting as if it were a 1

Party to this convention.

ARTICLE 28. REVIEW MEETINGS 1.

The Contracting Parties shall hold meetings for the purpose of reviewing the reports submitted pursuant to Article 30.

1 i

2 2.

At each review meeting the Contracting Parties:

21

4 (i) shall d:;termina the date far th3 next such m;eting, the int:rval between I

review meetings not exceeding three years; (ii) may review the arrangements established pursuant to paragraph 2 of Article 27, and adopt revisions by consensus unless otherwise provided for in the Rules of Procedure. They may also amend the Rules of Procedure and Financial Rules by consensus, f

3.

At each review meetmg each Contracting Party shall have a reasonable opportunity to discuss the reports submitted by other Contracting Parties and to seek clarification of j

such reports.

]

l ARTICLE 29. EXTRAORDINARY MEETINGS l

An extraordinary meeting of the Contracting Parties shall be held:

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\\

l (i) if so agreed by a majority of the Contracting Parties present and voting at a meeting, abstentions being considered as voting; or (ii) at the written request of a Contracting Party, within six months of this i

request having been communicated to the Contracting Parties and notification having been received by the secretariat referred to in Article 35, that the request has been supported by a majority of the Contracting Parties.

ARTICLE 30. REPORTING l

l 1.

In accordance with the provisions of Article 28, each Contracting Party shall submit l

a national report to each review meeting of Contracting Parties. This report shall address the measures taken to implement each of the obligations of the Convention. For each Contracting Party the report shall also address its:

(i) spent fusi management policy; (ii) spent fuel management practices; (iii) radioactive waste management policy; (iv) radioactive waste management practices; 22

s e-(v) crittria ustd to define and cat;gorize radioactive waste.

l 2.

This report shall also include:

I t

(i) a list of the spent fuel management facilities subject to this Convention, their location, main purpose and essential features; (ii) an inventory of spent fuel that is subject to this Convention and that is being I

i held in storage and of that which has been disposed of. This inventory shall l

t contain a description of the material and, if available, give information on its mass l

and its total activity, i

(iii) a list of the radioactive waste management facilities subject to this Convention, l

their location, main purpose and essential features; i

j (iv) an inventory of radioactive waste that is subject to this Convention and that is l

being held in storage at radioactive waste management and nuclear fuel cycle facilities and of the waste which has been disposed of as well as of the waste resulting from past practices. This inventory shall contain a description of the material and other appropriate information available, such as volume or mass, activity and specific radionuclides; l

l (v) a list of nuclear f acilities in the process of being decommissioned and the status l

of decommissioning activities at those facilities, i

ARTICLE 31. ATTENDANCE l

1.

Each Contracting Party shall attend meetings of the Contracting Parties and be l

l represented at such meetings by one delegate, and by such alternates, experts and advisers as it deems necessary.

2.

The Contracting Parties may invite, by consensus, any intergovernmental i

organization which is competent in respect of matters governed by this Convention to 1

o attend, as an observer, any meeting, or specific sessions thereof. Observers shall be 23

s requircd to accIpt in writing, and in advance, the previsions of Article 34.

ARTICLE 32.

SUMMARY

REPORTS The Contracting Parties shall adopt, by consensus, and make available to the public a document addressing issues discussed and conclusions reached during meetings of the Contracting Parties.

' ARTICLE 33. LANGUAGES

\\

1.

The languages of 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 Article 30 shall be prepared in the nationallanguage of the submitting Contracting Party or in a single designated language to be agreed in the Rules of Procedure. Should the report be submitted in a nationallanguage other than the designated language, a translation of the report into the designated language shall be provided by the Contracting Party.

3.

Notwithstanding the provisions of paragraph 2, the secretariat,if compensated, will assume the translation of reports submitted in any other language of the meeting into the designated language.

ARTICLE 34. CONFIDENTIALITY 1.

The provisions of this Conventiun shall not affect the rights and obligations of the Contracting Parties under their laws to protect information from disclosure. For the purposes of this article, "information" includes, inter alia, information relating to national security or to the physical protection of nuclear materials, information protected by intellectual property rights or by industrial or commercial confidentiality, and personal data.

2.

When, in the context of this Convention, a Contracting Party provides information identified by it as protected as described in paragraph 1, such information shall be used j

only for the purposes for which it has been provided and its confidentiality shall be respected.

24

..o e

3.

With rispIct to inf:rmation r&lating to sp:nt fusi er radioactive waste falling within i

the secpe of this Conv nti n by virtue of Article 3(3), the provisisns of this' Convention

_shall not affect the exclusive discretion of the Contracting Party concerned to decide:

j 1

(i) whether such information is classified or otherwise controlled to preclude l

release; t

(ii) whether to provide information referred to in (i) above in the context of the Convention; and (iii) what conditions of confidentiality are attached to such information if it is provided in the context of this Convention.

l 4.

The content of the debates during the reviewing of the national reports at each review meeting held pursuant to Article 28 shall be confidential.

I l

l ARTICLE 35. SECRETARIAT 1.

The International Atomic Energy Agency, (hereinafter referred to as "the Agency")

shall provide the secretariat for the meetings of the Contracting Parties.

2.

The secretariat shalt:

l (i) convene, prepare and service the meetings of the Contracting Parties -

l referred to in Articles 27,28 and 29; I

(ii) transmit to the Contracting Parties information received or prepared in accordance with the provisions of this Convention.

i 1

The costs incurred by the Agency in carrying out the functions referred to in sub-paragraphs (i) and (ii) above shall be borne by the Agency as part of its regular budget.

3.

The Contracting Parties may, by consensus, request the Agency to provide other j

services in support of meetings of the Contracting Parties. The Agency may provide such f

services if they can be undertaken within its programme and regular budget. Should this 25

s nst be possibis, the AgIncy may provide such s:rvices if voluntary funding is provided from anothgr sourca.

CHAPTER 7. FINAL CLAUSES AND OTHER PROVISIONS i

ARTICLE 36. RESOLUTION OF DISAGREEMENTS in the event of a disagreement between two or more Contracting Parties concerning the interpretation or application of this Convention, the Contracting Parties shall consult within the framework of a meeting of the Contracting Parties with a view to resolving the disagreement.

ARTICLE 37. SIGNATURE, RATIFICATION, ACCEPTANCE, APPROVAL, ACCESSION 1.

This Convention shall be open for signature by all States at the Headquarters of the Agency in Vienna from.................. until its entry into force.

2.

This Convention is subject to ratification, acceptance or approval by the signatory States.

i 3.

After its entry into force, this Convention shall be open for accession by all States.

4.

(i)

This Convention shall be open for signature subject to confirmation, or

)

1 accession by regional organizations of an integration or other nature, provided that any such organization is constituted by sovereign States and has competence in respect of the negotiation, conclusion and application of internations! agreements in matters covered by this Convention.

(ii) in matters within their competence, such organizations shall, on their own behalf, exercise the rights and fulfil the responsibilities which this Convention attributes to States Parties.

(iii)

When becoming party to this Convention, such an organization shall communicate to the Depositary referred to in Article 41, a declaration indicating which States are members thereof, which articles of this 26 i

.J e

Ccnysntien cpply to it, and the extint of its compitence in the fizld covsr d by those articles.

(iv)

Such an organization shall not hold any vote additional to those of its Member States.

5.

Instruments of ratification, acceptance, approval, accession or confirmation shall be deposited with the Depositary.

ARTICLE 38. ENTRY INTO FORCE L

i 1.

This Convention shall enter into force on the ninetieth day after the date of deposit with the Depositary of the [ twenty-fifth] instrument of ratification, acceptance or approval, including the instruments of [ fifteen] States each having an operational nuclear power plant.

2.

For each State or regional organization of an integration or other nature which ratifies, accepts, approves, accedes to or confirms this Convention after the date of deposit of the last instrument required to satisfy the conditions set forth in paragraph 1, this Convention shall enter into force on the ninetieth day after the date of deposit with the Depositary of the appropriate instrument by such a State or organization.

ARTICLE 39. AMENDMENTS TO THE CONVENTION 1.

Any Contracting Party may propose an amendment to this Convention. Proposed amendments shall be considered at a review meeting or at an extraordinary meeting.

l 2.

The text of any proposed amendment and the reasons for it shall be provided to the Depositary who shall communicate the proposal'to the Contracting Parties at least ninety i

' days before the meeting for which it is submitted for consideration. Any comments received on such a proposal shall be circulated by the Depositary to the Contracting Parties.

l 3.

The Contracting Parties shall decide r+ter consideration of the proposed amendment I

whether to adopt it by consensus, or, in the sbsence of consensus, to submit it to a 27 i

1 j

r Diplomatic Ccnfgrsnce. A decision to submit a propos:d amendmsnt to a Diplomatic Conference shall require a two-thirds majority vote of the Contracting Parties pres:nt and i

voting at the meeting, provided that at least one half of the Contracting Parties are present at the time of voting. Abstentions shall be considered as voting.

l 4.

' The 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 appropriate decision taken in accordance with paragraph 3 of this article. The Diplomatic Conference shall make every effort to ensure amendments are adopted by consensus. Should this not be possible, amendments shall be adopted with a two-thirds majority of all Contracting.

Parties.

5.

Amendments to this Convention adopted pursuant to paragraphs 3 and 4 above j

shall be subject to ratification, acceptance, approval, or confirmation by the Contracting Parties and shall enter into force for those Contracting Parties which have ratified, accepted, approved or confirmed them on the ninetieth day after the receipt by the Depositary of the relevant instruments of at least three fourths of the Contracting Parties.

a For a Contracting Party which subsequently ratifies, accepts, approves or confirms the said amendments, the amendments will enter into force on the ninetieth day after that j

Contracting Party has deposited its relevant instrument.

ARTICLE 40. DENUNCIATION j

1.

A.,y Contracting Party may denounce this Convention by written notification to the l

Depositary.

2.

Denunciation shall take effect one year following the date of the receipt of the notification by the Depositary, or on such later date as may be specified in the notification.

j i

l ARTICLE 41. DEPOSITARY 1.

The Director General of the Agency shall be the Depositary of this Convention.

2.

The Depositary shall inform the Contracting Parties of:

28

_. =

(i) the cign:ture of this Ccnventiin and cf ths d:p: sit cf instrumsnts of l

ratific:tirr., cc..'tanca, approval, accession or confirmation in accordance with Article 37; l

(ii) the date on which the Convention enters into force,in accordance with Article 38; 1

l (iii) the notifications of denunciation of the Convention and the date thereof,

)

i 1

l made in accordance with Article 40; i

(iv) the proposed amendments to this Convention submitted by Contracting Parties, the amendments adopted by the relevant Diplomatic Conference or by the meeting of the Contracting Parties, and the date of entry into force j

l of the said amendments, in accordance with Article 39.

l ARTICLE 42. AUTHENTIC TEXTS 1

The original of this Convention of which the Arabic, Chinese, English, French, l

l l

Russian and Spanish texts are equally authent c, shall be deposited with the Depositary, l

who shall send certified copies thereof to the Contracting Parties.

IN WITNESS WHEREOF THE UNDERSIGNED, BEING DULY AUTHORIZED TO THAT l

i EFFECT, HAVE SIGNED THIS CONVENTION.

Done at Vienna on the day of 199..

199743 14 CMetsvw cenvwre47.wpw ts227201 l

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