Paragraphs in "Joint Convention On The Safety Of Spent Fuel Management And On The Safety Of Radioactive Waste Management" coded as SUBS

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Label Provision
Art.4 ARTICLE 4. GENERAL SAFETY REQUIREMENTS
Art.4.1x 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.
Art.4.2x In so doing, each Contracting Party shall take the appropriate steps to:
Art.4.2x.i (i) ensure that criticality and removal of residual heat generated during spent fuel management are adequately addressed;
Art.4.2x.ii (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;
Art.4.2x.iii (iii) take into account interdependencies among the different steps in spent fuel management;
Art.4.2x.iv (iv) provide for effective protection of individuals, society and the environment, by applying at the national level suitable protective methods as approved by the regulatory body, in the framework of its national legislation which has due regard to internationally endorsed criteria and standards;
Art.4.2x.v (v) take into account the biological, chemical and other hazards that may be associated with spent fuel management;
Art.4.2x.vi (vi) strive to avoid actions that impose reasonably predictable impacts on future generations greater than those permitted for the current generation;
Art.4.2x.vii (vii) aim to avoid imposing undue burdens on future generations.
Art.5 ARTICLE 5. EXISTING FACILITIES
Art.5.1x Each Contracting Party shall take the appropriate steps to review the safety of any 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.
Art.6 ARTICLE 6. SITING OF PROPOSED FACILITIES
Art.6.1 1. Each Contracting Party shall take the appropriate steps to ensure that procedures are established and implemented for a proposed spent fuel management facility:
Art.6.1.i (i) to evaluate all relevant site-related factors likely to affect the safety of such a facility during its operating lifetime;
Art.6.1.ii (ii) to evaluate the likely safety impact of such a facility on individuals, society and the environment;
Art.6.1.iii (iii) to make information on the safety of such a facility available to members of the public;
Art.6.1.iv (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.
Art.6.2 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 4.
Art.7 ARTICLE 7. DESIGN AND CONSTRUCTION OF FACILITIES
Art.7.1x Each Contracting Party shall take the appropriate steps to ensure that:
Art.7.1x.i (i) the design and construction of a spent fuel management facility provide for suitable measures to limit possible radiological impacts on individuals, society and the environment, including those from discharges or uncontrolled releases;
Art.7.1x.ii (ii) at the design stage, conceptual plans and, as necessary, technical provisions for the decommissioning of a spent fuel management facility are taken into account;
Art.7.1x.iii (iii) the technologies incorporated in the design and construction of a spent fuel management facility are supported by experience, testing or analysis.
Art.8 ARTICLE 8. ASSESSMENT OF SAFETY OF FACILITIES
Art.8.1x Each Contracting Party shall take the appropriate steps to ensure that:
Art.8.1x.i (i) before construction of a spent fuel 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;
Art.8.1x.ii (ii) before the operation of a spent fuel management facility, updated and detailed versions of the safety assessment and of the environmental assessment shall be prepared when deemed necessary to complement the assessments referred to in paragraph (i).
Art.9 ARTICLE 9. OPERATION OF FACILITIES
Art.9.1x Each Contracting Party shall take the appropriate steps to ensure that:
Art.9.1x.i (i) the licence 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;
Art.9.1x.ii (ii) operational limits and conditions derived from tests, operational experience and the assessments, as specified in Article 8, are defined and revised as necessary;
Art.9.1x.iii (iii) operation, maintenance, monitoring, inspection and testing of a spent fuel management facility are conducted in accordance with established procedures;
Art.9.1x.iv (iv) engineering and technical support in all safety-related fields are available throughout the operating lifetime of a spent fuel management facility;
Art.9.1x.v (v) incidents significant to safety are reported in a timely manner by the holder of the licence to the regulatory body;
Art.9.1x.vi (vi) programmes to collect and analyse relevant operating experience are established and that the results are acted upon, where appropriate;
Art.9.1x.vii (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, and are reviewed by the regulatory body.
Art.10 ARTICLE 10. DISPOSAL OF SPENT FUEL
Art.10.1x If, pursuant to its own legislative and regulatory framework, a Contracting Party has designated spent fuel for disposal, the disposal of such spent fuel shall be in accordance with the obligations of Chapter 3 relating to the disposal of radioactive waste.
Chapt.3 CHAPTER 3 SAFETY OF RADIOACTIVE WASTE MANAGEMENT
Art.11 ARTICLE 11. GENERAL SAFETY REQUIREMENTS
Art.11.1x 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.
Art.11.2x In so doing, each Contracting Party shall take the appropriate steps to:
Art.11.2x.i (i) ensure that criticality and removal of residual heat generated during radioactive waste management are adequately addressed;
Art.11.2x.ii (ii) ensure that the generation of radioactive waste is kept to the minimum practicable;
Art.11.2x.iii (iii) take into account interdependencies among the different steps in radioactive waste management;
Art.11.2x.iv (iv) provide for effective protection of individuals, society and the environment, by applying at the national level suitable protective methods as approved by the regulatory body, in the framework of its national legislation which has due regard to internationally endorsed criteria and standards;
Art.11.2x.v (v) take into account the biological, chemical and other hazards that may be associated with radioactive waste management;
Art.11.2x.vi (vi) strive to avoid actions that impose reasonably predictable impacts on future generations greater than those permitted for the current generation;
Art.11.2x.vii (vii) aim to avoid imposing undue burdens on future generations.
Art.12 ARTICLE 12. EXISTING FACILITIES AND PAST PRACTICES
Art.12.1x Each Contracting Party shall in due course take the appropriate steps to review:
Art.12.1x.i (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;
Art.12.1x.ii (ii) the results of past practices in order to determine whether any intervention is needed for reasons of radiation protection bearing in mind that the 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 intervention.
Art.13 ARTICLE 13. SITING OF PROPOSED FACILITIES
Art.13.1 1. Each Contracting Party shall take the appropriate steps to ensure that procedures are established and implemented for a proposed radioactive waste management facility:
Art.13.1.i (i) to evaluate all relevant site-related factors likely to affect the safety of such a facility during its operating lifetime as well as that of a disposal facility after closure;
Art.13.1.ii (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;
Art.13.1.iii (iii) to make information on the safety of such a facility available to members of the public;
Art.13.1.iv (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.
Art.13.2 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 11.
Art.14 ARTICLE 14. DESIGN AND CONSTRUCTION OF FACILITIES
Art.14.1x Each Contracting Party shall take the appropriate steps to ensure that:
Art.14.1x.i (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;
Art.14.1x.ii (ii) at the design stage, conceptual plans and, as necessary, technical provisions for the decommissioning of a radioactive waste management facility other than a disposal facility are taken into account;
Art.14.1x.iii (iii) at the design stage, technical provisions for the closure of a disposal facility are prepared;
Art.14.1x.iv (iv) the technologies incorporated in the design and construction of a radioactive waste management facility are supported by experience, testing or analysis.
Art.15 ARTICLE 15. ASSESSMENT OF SAFETY OF FACILITIES
Art.15.1x Each Contracting Party shall take the appropriate steps to ensure that:
Art.15.1x.i (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;
Art.15.1x.ii (ii) in addition, before construction of a disposal facility, a systematic safety assessment and an environmental assessment for the period following closure shall be carried out and the results evaluated against the criteria established by the regulatory body;
Art.15.1x.iii (iii) before the operation of a radioactive waste management facility, updated and detailed versions of the safety assessment and of the environmental assessment shall be prepared when deemed necessary to complement the assessments referred to in paragraph (i).
Art.16 ARTICLE 16. OPERATION OF FACILITIES
Art.16.1x Each Contracting Party shall take the appropriate steps to ensure that:
Art.16.1x.i (i) the licence to operate a radioactive waste management facility is based upon appropriate assessments as specified in Article 15 and is conditional on the completion of a commissioning programme demonstrating that the facility, as constructed, is consistent with design and safety requirements;
Art.16.1x.ii (ii) operational limits and conditions, derived from tests, operational experience and the assessments as specified in Article 15 are defined and revised as necessary;
Art.16.1x.iii (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 15 for the period after closure;
Art.16.1x.iv (iv) engineering and technical support in all safety-related fields are available throughout the operating lifetime of a radioactive waste management facility;
Art.16.1x.v (v) procedures for characterization and segregation of radioactive waste are applied;
Art.16.1x.vi (vi) incidents significant to safety are reported in a timely manner by the holder of the licence to the regulatory body;
Art.16.1x.vii (vii) programmes to collect and analyse relevant operating experience are established and that the results are acted upon, where appropriate;
Art.16.1x.viii (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 regulatory body;
Art.16.1x.ix (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.
Art.17 ARTICLE 17. INSTITUTIONAL MEASURES AFTER CLOSURE
Art.17.1x Each Contracting Party shall take the appropriate steps to ensure that after closure of a disposal facility:
Art.17.1x.i (i) records of the location, design and inventory of that facility required by the regulatory body are preserved;
Art.17.1x.ii (ii) active or passive institutional controls such as monitoring or access restrictions are carried out, if required; and
Art.17.1x.iii (iii) if, during any period of active institutional control, an unplanned release of radioactive materials into the environment is detected, intervention measures are implemented, if necessary.
Chapt.4 CHAPTER 4 GENERAL SAFETY PROVISIONS
Art.20 ARTICLE 20. REGULATORY BODY
Art.20.1 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 19, and provided with adequate authority, competence and financial and human resources to fulfill its assigned responsibilities.
Art.20.2 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 radioactive waste management and in their regulation.
Art.21 ARTICLE 21. RESPONSIBILITY OF THE LICENCE HOLDER
Art.21.1 1. Each Contracting Party shall ensure that prime responsibility for the safety of spent fuel or 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.
Art.21.2 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 fuel or over the radioactive waste.
Art.22 ARTICLE 22. HUMAN AND FINANCIAL RESOURCES
Art.22.1x Each Contracting Party shall take the appropriate steps to ensure that:
Art.22.1x.i (i) qualified staff are available as needed for safety-related activities during the operating lifetime of a spent fuel and a radioactive waste management facility;
Art.22.1x.ii (ii) adequate financial resources are available to support the safety of facilities for spent fuel and radioactive waste management during their operating lifetime and for decommissioning;
Art.22.1x.iii (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.
Art.23 ARTICLE 23. QUALITY ASSURANCE
Art.23.1x Each Contracting Party shall take the necessary steps to ensure that appropriate quality assurance programmes concerning the safety of spent fuel and radioactive waste management are established and implemented.
Art.24 ARTICLE 24. OPERATIONAL RADIATION PROTECTION
Art.24.1 1. Each Contracting Party shall take the appropriate steps to ensure that during the operating lifetime of a spent fuel or radioactive waste management facility:
Art.24.1.i (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;
Art.24.1.ii (ii) no individual shall be exposed, in normal situations, to radiation doses which exceed national prescriptions for dose limitation which have due regard to internationally endorsed standards on radiation protection; and
Art.24.1.iii (iii) measures are taken to prevent unplanned and uncontrolled releases of radioactive materials into the environment.
Art.24.2 2. Each Contracting Party shall take appropriate steps to ensure that discharges shall be limited:
Art.24.2.i (i) to keep exposure to radiation as low as reasonably achievable, economic and social factors being taken into account; and
Art.24.2.ii (ii) so that no individual shall be exposed, in normal situations, to radiation doses which exceed national prescriptions for dose limitation which have due regard to internationally endorsed standards on radiation protection.
Art.24.3 3. Each Contracting Party shall take appropriate steps to ensure that during the operating lifetime of a regulated nuclear facility, in the event that an unplanned or uncontrolled release of radioactive materials into the environment occurs, appropriate corrective measures are implemented to control the release and mitigate its effects.
Art.25 ARTICLE 25. EMERGENCY PREPAREDNESS
Art.25.1 1. Each Contracting Party shall ensure that before and during operation of a spent fuel or 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.
Art.25.2 2. Each Contracting Party shall take the appropriate steps for the preparation and testing of emergency plans for its territory insofar as it is likely to be affected in the event of a radiological emergency at a spent fuel or radioactive waste management facility in the vicinity of its territory.
Art.26 ARTICLE 26. DECOMMISSIONING
Art.26.1x Each Contracting Party shall take the appropriate steps to ensure the safety of decommissioning of a nuclear facility. Such steps shall ensure that:
Art.26.1x.i (i) qualified staff and adequate financial resources are available;
Art.26.1x.ii (ii) the provisions of Article 24 with respect to operational radiation protection, discharges and unplanned and uncontrolled releases are applied;
Art.26.1x.iii (iii) the provisions of Article 25 with respect to emergency preparedness are applied; and
Art.26.1x.iv (iv) records of information important to decommissioning are kept.
Chapt.5 CHAPTER 5 MISCELLANEOUS PROVISIONS
Art.27 ARTICLE 27. TRANSBOUNDARY MOVEMENT
Art.27.1 1. Each Contracting Party involved in transboundary movement shall take the appropriate steps to ensure that such movement is undertaken in a manner consistent with the provisions of this Convention and relevant binding international instruments.
Art.27.2x In so doing:
Art.27.2x.i (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;
Art.27.2x.ii (ii) transboundary movement through States of transit shall be subject to those international obligations which are relevant to the particular modes of transport utilized;
Art.27.2x.iii (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;
Art.27.2x.iv (iv) a Contracting Party which is a State of origin shall authorize a transboundary movement only if it can satisfy itself in accordance with the consent of the State of destination that the requirements of subparagraph (iii) are met prior to transboundary movement;
Art.27.2x.v (v) a Contracting Party which is a State of origin shall take the appropriate steps to permit re-entry into its territory, if a transboundary movement is not or cannot be completed in conformity with this Article, unless an alternative safe arrangement can be made.
Art.27.2 2. A Contracting Party shall not licence the shipment of its spent fuel or radioactive waste to a destination south of latitude 60 degrees South for storage or disposal.
Art.27.3 3. Nothing in this Convention prejudices or affects:
Art.27.3.i (i) the exercise, by ships and aircraft of all States, of maritime, river and air navigation rights and freedoms, as provided for in international law;
Art.27.3.ii (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;
Art.27.3.iii (iii) the right of a Contracting Party to export its spent fuel for reprocessing;
Art.27.3.iv (iv) rights of a Contracting Party to which spent fuel is 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.
Art.28 ARTICLE 28. DISUSED SEALED SOURCES
Art.28.1 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 sealed sources takes place in a safe manner.
Art.28.2 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.
Chapt.6 CHAPTER 6 MEETINGS OF THE CONTRACTING PARTIES
Art.32 ARTICLE 32. REPORTING
Art.32.1 1. In accordance with the provisions of Article 30, each Contracting Party shall submit 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:
Art.32.1.i (i) spent fuel management policy;
Art.32.1.ii (ii) spent fuel management practices;
Art.32.1.iii (iii) radioactive waste management policy;
Art.32.1.iv (iv) radioactive waste management practices;
Art.32.1.v (v) criteria used to define and categorize radioactive waste.
Art.32.2 2. This report shall also include:
Art.32.2.i (i) a list of the spent fuel management facilities subject to this Convention, their location, main purpose and essential features;
Art.32.2.ii (ii) an inventory of spent fuel that is subject to this Convention and that is being held in storage and of that which has been disposed of. This inventory shall contain a description of the material and, if available, give information on its mass and its total activity;
Art.32.2.iii (iii) a list of the radioactive waste management facilities subject to this Convention, their location, main purpose and essential features;
Art.32.2.iv (iv) an inventory of radioactive waste that is subject to this Convention that:
Art.32.2.a (a) is being held in storage at radioactive waste management and nuclear fuel cycle facilities;
Art.32.2.b (b) has been disposed of; or
Art.32.2.c (c) has resulted from past practices.
Art.32.2.3x This inventory shall contain a description of the material and other appropriate information available, such as volume or mass, activity and specific radionuclides;
Art.32.2.3x.v (v) a list of nuclear facilities in the process of being decommissioned and the status of decommissioning activities at those facilities.
Art.35 ARTICLE 35. LANGUAGES
Art.35.1 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.
Art.35.2 2. Reports submitted pursuant to Article 32 shall be prepared in the national language 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 national language other than the designated language, a translation of the report into the designated language shall be provided by the Contracting Party.
Art.35.3 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.
Art.36 ARTICLE 36. CONFIDENTIALITY
Art.36.1 1. The provisions of this Convention 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.
Art.36.2 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 only for the purposes for which it has been provided and its confidentiality shall be respected.
Art.36.3 3. With respect to information relating to spent fuel or radioactive waste falling within the scope of this Convention by virtue of paragraph 3 of Article 3, the provisions of this Convention shall not affect the exclusive discretion of the Contracting Party concerned to decide:
Art.36.3.i (i) whether such information is classified or otherwise controlled to preclude release;
Art.36.3.ii (ii) whether to provide information referred to in sub-paragraph (i) above in the context of the Convention; and
Art.36.3.iii (iii) what conditions of confidentiality are attached to such information if it is provided in the context of this Convention.
Art.36.4 4. The content of the debates during the reviewing of the national reports at each review meeting held pursuant to Article 30 shall be confidential.