International Treaties for which the IAEA Director General is depositary

Brief

1. AGREEMENT ON THE PRIVILEGES AND IMMUNITIES OF THE IAEA

Article XV.A of the Statute of the Agency provides that the IAEA is to enjoy in the territory of each Member State such legal capacity and privileges and immunities as are necessary for the exercise of its functions. Article XV.B further provides that delegates of Member States (and alternates and advisers), Governors appointed to the Board (and alternates and advisers), and the Director General and the staff of the Agency, are to enjoy such privileges and immunities as are necessary in the independent exercise of their functions in connection with the Agency. Article XV.C provides that the legal capacity, privileges and immunities referred to in Article XV are to be defined in a separate agreement or agreements between the Agency and its Member States.

Accordingly, the Board approved on 1 July 1959 the Agreement on the Privileges and Immunities of the Agency, a multilateral treaty patterned after the Convention on the Privileges and Immunities of the United Nations and the Specialized Agency Convention. It entered into force in 1959.

The Agreement on the Privileges and Immunities of the Agency addresses the Agency’s immunity from legal process and the inviolability of the Agency’s premises, assets and archives. It clarifies the fiscal and customs immunities as well as the privileges and immunities with regard to currency exchange and communication. The Agreement further formulates the privileges and functional immunities of the officials of the Agency. It also establishes a number of obligations for the Agency (for example, the duty to waive the immunity of officials and experts or the duty to make provision for appropriate modes of settling private disputes).

Acceptance of the above Agreement would signify the Government’s agreement to apply that instrument in conformity with established practice.

2. CONVENTION ON THE PHYSICAL PROTECTION OF NUCLEAR MATERIAL

The importance of the CPPNM, which entered into force in 1987, resides in its being the only international legally binding undertaking in the area of physical protection of nuclear material aimed at averting potential dangers of the unlawful taking and use of nuclear material. It entered into force in 1987.
The scope of the Convention is twofold. The Convention applies mainly to nuclear material used for peaceful purposes while in international nuclear transport, with some additional provisions related to nuclear material in domestic use, storage and transport.

The CPPNM obliges Contracting Parties to ensure protection at the levels specified in the Convention of nuclear material used for peaceful purposes on their territories, ships or aircraft during international nuclear transport. The Contracting Parties commit themselves not to undertake, or authorize the undertaking of, such international nuclear transport unless assurances are provided that nuclear material will be protected at the required levels. Contracting Parities must also apply the agreed levels of protection to nuclear material which, during transit from one part of its territory to another, will pass through international waters or airspace. The Convention also establishes measures related to the prevention, detection and punishment of offences relating to nuclear material.

Even if a State does not foresee the use of nuclear material, or the international transport of such material, becoming party to the Convention would contribute to expansion of the international legal framework on the physical protection of nuclear material, particularly in connection with transits through that country.

Amendment to the Convention on the Physical Protection

On 8 July 2005, 89 States Parties to the Convention on the Physical Protection of Nuclear Material (CPPNM) adopted by consensus an Amendment to the CPPNM. The Amendment constitutes an important milestone in international efforts to improve the physical protection of nuclear materials and facilities. It will have a major impact in reducing the vulnerability of States Parties to nuclear terrorism.

The amended CPPNM makes it legally binding for States Parties to protect nuclear facilities and material in peaceful domestic use, storage as well as transport. It also provides for expanded cooperation between and among States regarding rapid measures to locate and recover stolen or smuggled nuclear material, mitigate any radiological consequences of sabotage, and prevent and combat related offences. The Amendment will enter into force on the thirtieth day after the date on which it has been ratified, accepted or approved by two-thirds of the States Parties to the CPPNM

3. CONVENTIONS RELATING TO NUCLEAR SAFETY

Convention on Nuclear Safety

Under the Convention on Nuclear Safety, each Contracting Party undertakes to establish and maintain a legislative and regulatory framework with respect to the safe management and operation of land-based civil nuclear power plants, and to implement a number of measures based on general internationally accepted safety considerations regarding - for example - the availability of financial and human resources, the assessment and verification of safety, quality assurance, and emergency preparedness. The Convention also addresses technical aspects of the safety of such nuclear installations, including siting, design and construction, as well as operation. The Convention provides for the convening of peer review meetings at which Contracting Parties report on how they implement each of the obligations under the Convention.

Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management

The Joint Convention is the first legal instrument to address directly, on a global scale, the issue of safety in connection with spent nuclear fuel and radioactive wastes, specifically those resulting from civilian nuclear reactors and other civilian applications. The Convention may also apply to spent fuel and radioactive waste from military or defense programmes if and when such materials are transferred permanently to and managed within exclusively civilian programmes, or when they are declared by the Contracting Party as spent fuel or radioactive waste for purposes of the Joint Convention. The Joint Convention applies to planned and controlled releases into the environment of liquid or gaseous radioactive materials from regulated nuclear facilities. The Convention also contains requirements with respect to the transboundary movement of spent fuel and radioactive waste and the safe management of disused sealed sources. As in the Convention on Nuclear Safety, the Joint Convention provides for peer review, i.e. the convening of meetings at which Contracting Parties report on how they implement each of the obligations under the Convention.

By adhering to the two safety-related Conventions, a State would demonstrate its support for international efforts to promote a high level of safety applicable to civil nuclear power plants and the management of spent fuel and radioactive waste resulting from the use of nuclear technologies. Through the review mechanisms established under these Conventions, States Parties share and benefit from mutual experience with relevant nuclear safety practices.

4. INSTRUMENTS ON NOTIFICATION AND ASSISTANCE IN CASE OF A NUCLEAR ACCIDENT OR RADIOLOGICAL EMERGENCY

In 1986, in the aftermath of the Chernobyl accident, two multilateral treaties in this field were negotiated under the IAEA auspices, namely, the Convention on Early Notification of a Nuclear Accident and Convention on Assistance in the Case of Nuclear Accident and Radiological Emergency.

Convention on Early Notification of a Nuclear Accident

The Notification Convention prescribes procedures for immediate reporting and prompt provision of supporting information in the event of a nuclear accident with actual or potential international transboundary effects. The Convention applies to all uncontrolled releases of radioactive materials from any facility or activity under the jurisdiction or control of a State Party (the accident State Party) which have resulted or may result in international transboundary effects that could be of radiological safety significance to another State.

In the event of an accident covered by the Convention, the State in which it has occurred has two specific obligations: immediately to notify, directly or through the IAEA, other States which may be physically affected, and the IAEA, of the nature of the accident, the time of its occurrence and, where appropriate, the exact location; and promptly to provide them, through the same notification procedure, with additional information, as is available, relevant to minimizing radiological consequences in the affected States.

The IAEA is responsible for immediate onward transmission of the received notification of any nuclear accident to all affected States and to relevant international organizations. It is also required to provide promptly, upon request, any State Party, Member State of the IAEA or relevant international organization, with additional information provided by the accident State Party. A State Party without nuclear activities but bordering on a State having an active nuclear programme may receive assistance from the Agency in the context the Convention's objectives.

Since a nuclear accident may result in transboundary release requiring protective actions in countries situated far away from the place of the accident, by adhering to the Early Notification Convention a State will benefit from the prompt provision of information regarding any accident at an early stage, a prerequisite for timely and effective implementation of urgent protective measures in order to avoid or minimize detrimental effects to the population.

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

The Assistance Convention created an international framework for the prompt and coordinated provision of assistance in case of a nuclear or radiological emergency. States Parties are required to cooperate among themselves, and with the IAEA, to facilitate prompt assistance to minimize consequences of a nuclear accident or radiological emergency and to protect life, property and the environment from the effects of radioactive releases. The Assistance Convention applies irrespective of whether a nuclear accident or radiological emergency originated within the State Party requesting assistance, under its jurisdiction or control or elsewhere.

A State Party may request assistance from any other State Party, either directly or through the IAEA; assistance may also be requested from the Agency, as well as from other international organizations. In order to facilitate the provision of such assistance, States Parties are required, within the limits of their capabilities, to notify the Agency of experts, equipment and materials which could be made available for the provision of assistance, and the terms under which they could be provided. The Agency circulates to States Parties and Member States regular updates of such information.

Participation in the Assistance Convention offers rapid access to international assistance in the form of technical expertise, equipment, monitoring and medical treatment as well as assistance in preparing emergency plans, training, development of procedures and standards to deal with nuclear accidents and radiological emergencies.

5. INSTRUMENTS ON LIABILITY FOR NUCLEAR DAMAGE

The international regime of liability for nuclear damage is based on the Vienna Convention on Civil Liability for Nuclear Damage (Vienna Convention), a treaty of universal character concluded in 1963 under the auspices of the IAEA, and the Paris Convention on Third-Party Liability in the Field of Nuclear Energy (Paris Convention), a regional instrument concluded in 1960 within the framework of the OECD. The Chernobyl accident highlighted the need for strengthening the nuclear liability regime. The work initiated by the IAEA resulted in the adoption of three new instruments, namely the Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention (1988), the Protocol to Amend the Vienna Convention (1997) and the Convention on Supplementary Compensation for Nuclear Damage (1997).

Vienna Convention on Civil Liability for Nuclear Damage

The Vienna Convention establishes minimum standards of financial protection for personal injury or property damage arising out of nuclear incidents occurring at nuclear installations as defined in the Convention (e.g. land based reactors, factories for the processing of nuclear material), or involving nuclear material (excluding natural and depleted uranium, radioactive products and waste) in the course of carriage to, or from, such installation. The Convention does not apply to installations and radioactive substances which do not pose the risk of large-scale nuclear damage, e.g. radioisotopes in the final stage of fabrication.

Under the Vienna Convention, the operator of a nuclear installation involved in a nuclear incident is exclusively and absolutely liable for nuclear damage: the injured party is not required to prove fault or negligence on the part of the operator. While the Convention does not set an upper ceiling for operator liability, the Installation State may establish a limit of not less than US$ 5 million. In order to ensure that funds are available in the event of a nuclear incident, the operator must maintain insurance or other financial security to cover its liability.

Jurisdiction over actions lies exclusively with the courts of the State Party in whose territory a nuclear incident occurred. The Convention applies without discrimination on the grounds of nationality, domicile or residence. Compensation rights are extinguished if an action is not brought within ten years from the date of the nuclear incident.

Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention

For many years, the Vienna and Paris Conventions, while based on the same principles, existed in isolation from each other. Parallel operation of the two Conventions raised a potential problem of the conflict of law. The Joint Protocol links the two Conventions into one system. Accordingly, a States which is party to the Vienna Convention, for example, and is also party to the Joint Protocol, is treated as though it is party to both Conventions. In order to avoid conflict of jurisdiction, the Joint Protocol establishes a choice of law rule to determine which of the Conventions should apply (to the exclusion of the other) in respect of the same accident. The Joint Protocol does not change the substantive rules of the two Conventions.

Protocol to Amend the Vienna Convention (Revised Vienna Convention)

This Protocol extends the coverage of the Vienna Convention to include nuclear damage suffered in non-Contracting States (except for States which have a nuclear installation on theirs territory or in their maritime zones and do not afford reciprocal benefits). The Protocol also expands the types of damage for which coverage is provided, including costs associated with the reinstatement of significantly impaired environment, loss of income deriving from an economic interest in use or enjoyment of a significantly impaired environment; and costs of preventive measure.

In addition, the amount of coverage is raised: the minimum liability limit set in the 1963 Vienna Convention is increased to not less than 300 million SDR's (approximately US$ 400 million). States that have difficulty in immediately implementing the increased liability amount, may phase in this amount during a fixed period of time.

The Protocol also extends to thirty-years the period for claiming damages due to loss of life and personal injury, and removes the exoneration for natural disasters. It also enhances the jurisdiction provisions of the Vienna Convention by providing that, in the event of transport incidents within the Exclusive Economic Zone or a similar maritime area, jurisdiction over actions concerning nuclear damage lies with the courts of the coastal State.

The Protocol may be signed and adhered to by all States, not just parties to the Vienna Convention.

Convention on Supplementary Compensation for Nuclear Damage (CSC)

The CSC is aimed at establishing a worldwide liability regime in which all States, irrespective of whether they are party to the Vienna Convention or Paris Convention, may participate. The CSC provides to States not in a position to adhere to the Vienna or Paris Conventions with an alternative means for joining the international nuclear liability regime. States party to the CSC are required to bring their national legislation on compensation for nuclear damage into line with the liability rules under the Vienna and Paris Conventions.

The CSC also establishes a mechanism for providing additional funds to supplement the compensation of nuclear damage available under the Vienna or Paris Conventions, or under the national legislation of States not party to the two basic Conventions, with supplementary compensation being provided States Parties in addition to the national compensation amount of at least 300 million SDR's.

The Convention is open for signature by all States. A State with a nuclear installation on its territory must be also a Contracting State to the Nuclear Safety Convention (see above).

6. REVISED SUPPLEMENTARY AGREEMENT CONCERNING THE PROVISION OF TECHNICAL ASSISTANCE BY THE IAEA (RSA)

The provision of technical assistance is governed by Article XI of the Statute and the provisions of the Revised Guiding Principles and General Operating Rules to Govern the Provision of Technical Assistance which were approved by the Board of Governors in 1979 (published as IAEA document INFCIRC/267). Paragraph 7 of INFCIRC/267 requires that “before technical assistance is provided, the Agency and the Government concerned shall conclude an agreement which shall provide for application of the basic agreement currently used to govern the provision of technical assistance under UNDP” and that that agreement “shall further set forth the specific conditions required under the Agency’s Statute for the provision of technical assistance by the Agency to its Members”. The legal instrument devised for this is the RSA. It addresses safety standards and measures, peaceful use undertakings and safeguards, physical protection, and transfer of title. Adherence to the RSA is achieved through a signing of an RSA with the IAEA.

Once a Member State has signed an RSA, it may, upon its request, receive technical assistance from the Agency in the form, for example, of services of experts, consultants and visiting professors; fellowships, scientific visits, training courses, study tours; equipment and supplies; and such other assistance as in the opinion of the Board is consistent with the objectives of the Agency.