International Atomic Energy Agency
Information Circular
(Unofficial electronic edition)
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INFCIRC/449/Add.1
4 August 1994
GENERAL Distr.
Original: ARABIC, CHINESE,
ENGLISH, FRENCH, RUSSIAN, SPANISH
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Convention on Nuclear Safety
INFCIRC/449
Final Act
- The Diplomatic Conference, which was convened by the
International Atomic Energy Agency at its Headquarters from 14 to
17 June 1994, adopted the Convention on Nuclear Safety reproduced
in document INFCIRC/449 and the Final
Act of the Conference.
- The text of the Final Act of the Conference, including an
annexed document entitled "Some clarification with respect to
procedural and financial arrangements, national reports, and the
conduct of review meetings, envisaged in the Convention on
Nuclear Safety", is reproduced in the Attachment hereto for the
information of all Member States.
Convention on Nuclear Safety
Final Act
- The Board of Governors of the International Atomic Energy
Agency (IAEA) at its meeting in February 1994 authorized the
Director General to convene a diplomatic conference to adopt a
convention on nuclear safety.
- The Conference met in Vienna at the Headquarters of the IAEA,
14-17 June, 1994.
- The Governments of the following States were represented at
the Conference: Algeria, Argentina, Australia, Austria, Belarus,
Belgium, Bolivia, Brazil, Bulgaria, Canada, Chile, China,
Croatia, Cuba, Czech Republic, Denmark, Ecuador, Egypt, Estonia,
Finland, France, Georgia, Germany, Greece, Guinea, Holy See,
Hungary, India, Indonesia, Iran (Islamic Republic of), Iraq,
Ireland, Israel, Italy, Japan, Jordan, Korea (Republic of),
Lebanon, Libyan Arab Jamahiriya, Liechtenstein, Luxembourg,
Malaysia, Mexico, Monaco, Mongolia, Morocco, Netherlands,
Nicaragua, Nigeria, Norway, Oman, Pakistan, Paraguay, Peru,
Philippines, Poland, Portugal, Qatar, Romania, Russian
Federation, Saudi Arabia, Slovak Republic, Slovenia, South
Africa, Spain, Sri Lanka, Sudan, Sweden, Switzerland, Syrian
Arab Republic, Tajikistan, Thailand, The Former Yugoslav Republic
of Macedonia, Tunisia, Turkey, Turkmenistan, Ukraine, United Arab
Emirates, United Kingdom of Great Britain and Northern Ireland,
United States of America, Uruguay, Venezuela, Viet Nam.
- One State, Guatemala, sent an observer to the Conference.
- The following international organizations were represented by
observers at the Conference: IAEA, UNESCO, European Commission,
OECD/Nuclear Energy Agency.
- The Conference was formally opened by Dr. Hans Blix, the
Director General of the IAEA, who served as the Secretary General
of the Conference. Dr. Hans Blix also addressed the Conference.
- The Conference elected Mr. Walter Hohlefelder (Germany) as
President, and Mr. Halim Benattallah (Algeria), Mr. Eduardo
Gonzalez Gomez (Spain), Mr. S. Azmat Hassan (Pakistan), Mr.
Kunisada Kume (Japan), Mr. Andres G. Pesci Bourel (Argentina),
Mr. Amin Rianom (Indonesia), Mr. Victor A. Sidorenko (Russian
Federation), and Mr. Carlton R. Stoiber (United States of
America) as Vice-Presidents.
- The Conference set up a Committee of the Whole of which the
members were all States participating in the Conference.
The Conference elected Mr. Lars Hogberg (Sweden) as Chairman of
the Committee of the Whole, and Ms. Thereza Maria Machado
Quintella (Brazil) as Vice-Chairman.
- The Conference set up a Drafting Committee of which the
members were the representatives of the following States: Canada,
Chile, China, Egypt, France, Hungary, Japan, Mexico, Russian
Federation, Saudi Arabia, Spain, Tunisia, Ukraine, United Kingdom
of Great Britain and Northern Ireland, United States of America.
The Conference elected Mr. A. Gopalakrishnan (India) as Chairman
of the Drafting Committee.
- The Conference had before it as the basic proposal for its
discussions the following document: Draft Nuclear Safety
Convention (Document NSC/DC1). The Document had been prepared by
a Group of Experts convened by the Director General of the IAEA
under the chairmanship of Mr. Z. Domaratzki (Canada).
- On the basis of its deliberations, the Conference adopted on
17 June 1994 the Convention on Nuclear Safety, which is attached
to this Final Act, and will be opened for signature in accordance
with its provisions at the Headquarters of the IAEA from 20
September 1994. The Convention on Nuclear Safety is subject to
ratification, acceptance, approval or accession, in accordance
with its provisions. It will be deposited with the Director
General of the IAEA.
- The Conference agreed to attach to this Final Act a Document
containing some clarification with respect to procedural and
financial arrangements, national reports and the conduct of
review meetings. In doing so, it was understood that this
Document was neither exhaustive nor did it bind the Contracting
Parties.
- The Conference adopted this Final Act. The original of this
Final Act, of which the Arabic, Chinese, English, French, Russian
and Spanish texts are equally authentic, is deposited with the
Director General of the IAEA.
IN WITNESS WHEREOF the undersigned have affixed their signatures
to this Final Act.
DONE at Vienna this seventeenth day of June, one thousand nine
hundred and ninety-four.
Annex to the Final Act of the Diplomatic Conference
Some
Clarification with Respect to Procedural and Financial
Arrangements, National Reports and the Conduct of Review
Meetings, Envisaged in the Convention on Nuclear Safety
1. Introduction
-
1.1 This document contains some clarification with respect to
procedural and financial arrangements, national reports and the
conduct of review meetings. It is understood that this document
is not exhaustive and does not bind the Contracting Parties to
the Convention on Nuclear Safety.
- 1.2 The basic principle underlying this clarification is that all
provisions in the Rules of Procedure and the Financial Rules
should be in strict conformity with the provisions of the
Convention.
- 1.3 Nothing in the implementation of the Convention should dilute
the national responsibility for nuclear safety.
2. National reports
In accordance with Article 5 of the Convention, national reports
should, as applicable, address each obligation separately. The
reports should demonstrate how each obligation has been met, with
specific references to - inter alia - legislation,
procedures and design criteria. When a report states that a
particular obligation has not been met, that report should also
state what measures are being taken or planned to meet that
obligation.
3. Conduct of review meetings
the purpose of review meetings referred to in Article 20 of the
Convention is the review by experts of national reports. The
review process should:
- include in-depth study of all national reports, to be conducted
by each party before the meeting, as it deems appropriate;
- be carried out through discussion among experts at the
meeting;
- take into consideration the technical characteristics of
different types of nuclear installation and the likely
radiological impact of potential accidents;
- identify problems, concerns, uncertainties, or omissions
in national reports, focusing on the most significant problems or
concerns in order to ensure efficient and fruitful debate at the
meetings; and
- identify technical information and opportunities for
technical cooperation in the interest of resolving safety
problems identified.
4. Rules of Procedure for the meeting of the Parties
-
4.1 Equitable representation: Paramount importance should be
given to technical competence in the election of chairmen and
officers. Consideration should also be given to the overall
membership of the Convention, including the geographical
distribution of the Contracting Parties.
- 4.2 Decision-making: Every effort should be made to take
decisions by consensus.
- 4.3 Confidentiality: The Rules of Procedure should be formulated
so as to ensure that the provisions of Article 27 are applied to
all participants.
5. Financial rules
-
5.1 Costs to the secretariat: All costs to the secretariat,
referred to in Article 28 of the Convention, should be kept to a
minimum. The Agency should be requested to provide other services
in support of the meeting of the Contracting Parties, only if
such services are deemed essential.
- 5.2 Costs to the Contracting Parties: In order to encourage the
widest possible adherence to the Convention, the costs of
preparing for and participating in review meetings should, while
maintaining the effectiveness of the review, be limited by -
inter alia - the following means:
- limiting the frequency of review meetings; and
- limiting the duration of the preparatory meeting and of
review meetings.