Статус Конвенции о помощи в случае ядерной аварии или радиационной аварийной ситуации (Вена, 26 сентября 1986 года) [рус., англ.]

[неофициальный перевод]

Участники: 131

Подписание: 68

CONVENTION ON ASSISTANCE IN THE CASE OF A NUCLEAR ACCIDENT OR RADIOLOGICAL EMERGENCY

Notes: The Convention was opened for signature in Vienna on 26 September 1986 and in New York on 6 October 1986, and entered into force on 26 February 1987 in accordance with Article 14, paragraph 3. For each State or organization depositing an instrument expressing consent to be bound after that date, the Convention enters into force thirty days after the date of such deposit in accordance with Article 14, paragraph 4.

Parties: 131 (subject to date of entry into force)

Signatories: 68

<1> The Socialist Federal Republic of Yugoslavia had acceded to the Convention on 9 April 1991.

<2> The Czechoslovak Socialist Republic had signed and ratified the Convention, on 26 September 1986 and 4 August 1988, respectively. A reservation concerning Article 11, paragraph 2, of the Convention, which had been made upon signature and confirmed upon ratification, had been withdrawn on 6 June 1991 by the Czech and Slovak Federal Republic.

<3> Upon ratification, Denmark declared that: «Until further notice the Convention shall not apply to Greenland and the Faroe Islands.» On 26 December 2016, Denmark notified the Depositary that its ratification of the Convention would also apply to Greenland.

<4> The Convention was signed and ratified by the Federal Republic of Germany, which declared upon ratification that the Convention would also apply to «Land Berlin». The German Democratic Republic had also signed and ratified the Convention on 26 September 1986 and 29 April 1987, respectively, with a reservation concerning Article 13, paragraph 2. On 9 October 1990, the Federal Republic of Germany notified the Depositary that, following the «accession» of the German Democratic Republic to the Federal Republic of Germany with effect from 3 October 1990, the international teraties and agreements to which the Federal Republic of Germany was a contracting party would also apply to the territory of the former German Democratic Republic.

<5> Signature not subject to ratification, acceptance or approval, in accordance with Article 14, paragraph 2, of the Convention.

<6> The Socialist Federal Republic of Yugoslavia had acceded to the Convention on 9 April 1991.ly. The Federal Republic of Yugoslavia (Serbia and Montenegro) had notified the Depositary of its succession to the Convention, with effect from 27 April 1992.

<7> The instrument of acceptance specified that acceptance was «for the Kingdom as a whole». In view of successive constitutional modifications, on 6 June 2011, the Netherlands provided the Depositary with a status report whereby the Convention applies to: The Netherlands (European part) as of 24 October 1991, the Caribbean part of the Netherlands (the Islands of Bonaire, Sint Eustatius and Saba) as of 10 October 2010, Aruba as of 24 October 1991, Curaçao as of 10 October 2010 and Sint Maarten as of 10 October 2010.

<8> The instrument of accession specified that the Convention would extend to the Cook Islands and to Niue.

<9> The Convention was signed and ratified by the Union of Soviet Socialist Republics (USSR). On 26 December 1991, the Russian Federation notified the Depositary that the participation of the USSR «in all conventions, agreements and international legal instruments which were concluded within the Agency's framework or under its aegis is continued by the Russian Federation».

<10> The Socialist Federal Republic of Yugoslavia had acceded to the Convention on 9 April 1991. On 28 April 1992, the Federal Republic of Yugoslavia (Serbia and Montenegro) notified the Depositary that it intended to «continue to fulfil the rights conferred and obligations assumed by the SFRY in international relations», including «participation in international treaties acceded to by Yugoslavia. Subsequently, on 5 February 2002, the Federal Republic of Yugoslavia (Serbia and Montenegro) deposited a notification of succession to the Convention, with effect from 27 April 1992. On 2 July 2006, the Republic of Serbia notified the Depositary that it intended „to continue to exercise its rights and honour its commitments deriving from international treaties concluded by Serbia and Montenegro.“»

DECLARATIONS/RESERVATIONS AND OBJECTIONS THERETO

Algeria, People's Democratic Republic of

ratified 15 Jan 2004

Upon signature:

[...] «The People's Democratic Republic of Algeria declares that it will apply the Convention provisionally in accordance with Article 15.»

(Original: French)

Upon signature, as confirmed upon ratification:

«Pursuant to paragraph 9 of Article 8, the Government of the People's Democratic Republic of Algeria does not consider itself bound by the provisions of paragraphs 2 and 3 of this Article.»

Pursuant to paragraph 5 of Article 10, the Government of the People's Democratic Republic of Algeria does not consider itself bound by the provisions of paragraph 2 of this Article.

Pursuant to paragraph 3 of Article 13, the Government of the People's Democratic Republic of Algeria does not consider itself bound by thde provisions of paragraph 2 of this Article and [...] no dispute can can be submitted to arbitration or to the International Court of Justice without the prior consent of all the parties concerned.»

(Original: Arabic and French)

Argentina (Argentine Republic)

acceded 17 Jan 1990

Upon accession:

«In accordance with Article 8, paragraph 9, the Argentine Republic does not consider itself bound by any of the provisions concerning privileges and immunities under Article 8, paragraphs 2 and 3 of the Convention;»

In accordance with Article 10, paragraph 5, the Argentine Republic does not consider itself bound by any of the provisions concerning claims and compensation under Article 10, paragraph 2;

In accordance with Article 13, paragraph 3, the Argentine Republic does not consider itself bound by any of the dispute settlement procedures provided for in Article 13, paragraph 2 of the Convention.»

(Original: Spanish)

Australia

ratified 22 Sep 1987

Upon signatire:

«[...] „Attention is [...] drawn to the statement by the Leader of the Australian delegation to the first Special Session of the General Conference, in particular the sections of the statement which refer to the relationship between the conventions and customary international law.“»

Upon ratification:

«[...] as permitted under Article 8.9 of the Convention, [...] Australia will not be bound by Articles 8.2 and 8.3.»

Austria, Republic of

ratified 21 Nov 1989

Upon ratification:

«I have the honor to inform you in conformity with article 10 paragraph 5(b) of the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency that Austria will not apply paragraph 2 of the aforementioned article in cases of gross negligence by the individuals who caused death, injury, loss or damage.»

Belarus, Republic of

ratified 26 Jan 1987

Upon signature:

«The Byelorussian SSR also declares that it accepts provisionally the obligations under the convention [...] from the time of their signature and until their ratification. [...]»

(Original: Russian)

Upon signature, confirmed upon ratification:

«The Byelorussian SSR will not consider itself bound by the provisions of [...] Article 13, paragraph 2 of the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency, which envisage the possibility of submitting a dispute between States Parties to arbitration or referring it to the International Court of Justice at the request of any party and states that, for submission of any international dispute to arbitration or referral to the International Court of Justice, the agreement of all parties in each individual case is necessary.»

(Original: Russian)

Bolivia, Plurinational State of

acceded 22 Aug 2003

Upon accession:

«Article 8, paragraph 9: Privileges, immunities and facilities — Bolivia declares that it does not consider itself bound in whole by paragraphs 2 and 3 of this article.»

Article 10, paragraph 5: Claims and compensation — Bolivia declares that it does not consider itself bound in whole by paragraph 2, and that it will not apply that paragraph in cases of gross negligence by the individuals who caused the death, injury, loss or damage.

Article 13, paragraph 3: Settlement of disputes — Bolivia declares that it does not consider itself bound by either of the two dispute settlement procedures provided for in paragraph 2 of this article.»

(Original: Spanish)

Bulgaria, Republic of

ratified 24 Feb 1988

Upon ratification, but withdrawn on 11 May 1994:

«The People's Republic of Bulgaria does not consider itself bound by the provisions of article 13, paragraph 2, which provide the possibility for submission of the disputes to arbitration or to the International Court of Justice at the request of any party to such dispute and declares that for the submission of any international dispute to arbitration or to the International Court of Justice, the consent of all parties concerned in each individual case is necessary».

(Original: Russian, with official English translation)

Cambodia, Kingdom of

acceded 26 Sep 2022

Upon accession:

«1. The Kingdom of Cambodia does not consider itself bound by the provisions of paragraph (2) of Article 10 on Claims and Compensation of that Convention.»

2. The Kingdom of Cambodia does not consider itself bound by the provisions of paragraph (2) of Articles 13 on Settlement of Disputes of that Convention.»

Canada

ratified 12 Aug 2002

Upon ratification:

«The Government of Canada declares, in accordance with paragraph 9 of Article 8, that Canada does not consider itself bound by the provisions of paragraphs 2 and 3 of that Article.»

Canada does not consider itself bound by paragraph 2 of Article 10 of the Convention.»

(Original: English and French)

China, People's Republic of

ratified 10 Sep 1987

Upon signature:

«In view of the urgency of the question of nuclear safety, China accepts article 15, the provisionally applicable clause of the Convention before the Convention's entry into force for China.»

(Original: Chinese, with official English translation)

Upon signature, as confirmed upon ratification:

«China shall not apply paragraph 2, Article 10 of the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency in cases of gross negligence by the individuals who caused the death, injury, loss or damage.»

«China shall not be bound by the two dispute settlement procedures provided for in paragraph 2, Article 13.»

(Original: Chinese with official English translation).

Colombia, Republic of

acceded 23 Jun 2005

Upon accession:

«In accordance with Article 10, paragraph 5 of the Convention, Colombia declares that it does not consider itself bound in whole by paragraph 2 of the same Article.»

(Original: Spanish)

Cuba, Republic of

ratified 08 Jan 1991

Upon signature, as confirmed upon ratification:

«The Government of the Republic of Cuba declares, in accordance with paragraph 3 of Article 13 of the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency, that it does not consider itself bound by the procedure stipulated in paragraph 2 for the settlement of disputes.»

(Original: Spanish)

Democratic People's Republic of Korea

Upon signature:

«1. The Democratic People's Republic of Korea does not consider itself bound by either of dispute settlement procedures provided for in [...] article 13, paragraph 2 of the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency.»

2. In view of the urgency of the question of nuclear safety the Democratic People's Republic of Korea will apply [the Convention] provisionally.»

Denmark, Kingdom of

ratified 26 Sep 2008

Upon ratification:

...«Denmark would like to declare that it will not apply Article 8, paragraph 2 (a), in cases of wilful misconduct or gross negligence by personnel of the assisting party and personnel acting on behalf of the assisting party. This declaration is made in accordance with Article 8, paragraph 9. Denmark would also like to declare that it will not apply Article 10, paragraph 2, in cases of gross negligence, which declaration is made in accordance with Article 10, paragraph 5 (b). [...]»

Egypt, Arab Republic of

ratified 17 Oct 1988

Upon ratification:

«1. The Arab Republic of Egypt considers that Article 5 of the Convention relating to the „Functions of the Agency“ shall be read and applied in the light of, and in accordance with, Article 2.6;»

2. The Arab Republic of Egypt interprets Article 7 to mean that the needs of developing countries shall be taken specially into account during consideration of requests for assistance in the event of nuclear accidents;

3. The Arab Republic of Egypt considers that the obligations relating to privileges and immunities referred to in Article 8 shall be applied in accordance with Egyptian law;

4. The Arab Republic of Egypt declares that it does not consider itself bound by any of the dispute settlement procedures provided for in Article 13, paragraph 2.»

(Original: Arabic)

El Salvador, Republic of

acceded 28 Jul 2005

Upon accession:

With reference to the provisions of Article 4.1, the Republic of El Salvador designates the Ministry of Public Health and Social Security as its competent authority and point of contact authorized to make and receive requests for and to accept offers of assistance»;

With reference to Article 10.5, the Government of the Republic of El Salvador does not consider itself bound by and will not apply paragraph 2 of this Article»;

«With reference to the provisions of Article 13 of this Convention, the Government of the Republic of El Salvador does not consider itself bound by the provisions of paragraph 2 of this Article, as it does not recognize the mandatory jurisdiction of the International Court of Justice».

(Original: Spanish)

Eritrea, State of

acceded 13 Mar 2020

Upon accession:

«The immunities from legal process stated in paragraph 2(a) and 3(b) of [Article 8] shall not apply either in the case of a civil action instituted by a third party for damages resulting from an accident caused by a motor vehicle belonging to an official of the assisting party or in the case of traffic violations involving the above vehicles.»

EURATOM

acceded 14 Nov 2006

Upon accession:

«Declaration by the European Atomic Energy Community according to the provisions of Article 14(5)(c) of the Convention on Assistance in the case of a Nuclear Accident or Radiological Emergency.»

The Community possesses competences, shared with its Member States, in the field of assistance in the event of a radiological emergency, to the extent provided by Article 2(b) and the relevant provisions of Title II, Chapter 3 «Health and Safety» of the Treaty establishing the European Atomic Energy Community.»

Communication by the European Union received on 31 Januar 2020:

«1. On 29 March 2017, the Government of the United Kingdom of Great Britain and Northern Ireland (the „United Kingdom“) notified the European Council of the United Kingdom's intention to withdraw from the European Union („Union“) and the European Atomic Energy Community („Euratom“) in accordance with Article 50 of the Treaty on European Union. On 22 March 2019, the European Council decided in agreement with the United Kingdom to extend the period provided for in Article 50(3) of the Treaty on European Union until 12 April 2019. On 10 April 2019, the European Council decided in agreement with the United Kingdom to extend the period provided for in Article 50(3) of the Treaty on European Union until 31 October 2019. On 29 October 2019, the European Council decided in agreement with the United Kingdom to extend the period provided for in Article 50(3) of the Treaty on European Union until 31 January 2020. The United Kingdom will therefore cease to be a Member State of the European Union and of Euratom on 1 February 2020.»

2. On 24 January 2020, the Union and Euratom, and the United Kingdom, in accordance with Article 50, paragraph 2, of the Treaty on European Union, signed an Agreement setting out the arrangements for the withdrawal of the United Kingdom from the Union and Euratom («Withdrawal Agreement») <1>. The Withdrawal Agreement will enter into force on 1 February 2020, subject to its prior ratification by the United Kingdom and conclusion by the Union and Euratom.

3. In order to address the specific situation of the withdrawal of the United Kingdom from the Union and Euratom, the Withdrawal Agreement provides for a time-limited transition period during which, save certain very limited exceptions, Union law shall be applicable to and in the United Kingdom and that any reference to Member States in Union law, including as implemented and applied by Member States, shall be understood as including the United Kingdom.

4. The Union and Euratom, and the United Kingdom have agreed that Union law within the meaning of the Withdrawal Agreement encompasses international agreements concluded by the Union (or Euratom), or by Member States acting on behalf of the Union (or Euratom), or by the Union (or Euratom) and its Member States jointly.

5. Subject to timely ratification and conclusion of the Withdrawal Agreement, the Union and Euratom notify parties to the international agreements referred to in point 4 above that, during the transition period, the United Kingdom is treated as a Member State of the Union and of Euratom for the purposes of these international agreements.»

<1> The text of the Withdrawal Agreement can be consulted in the Official Journal of the European Union of 12 November 2019, C 384 I, p. 1.

FAO

acceded 19 Oct 1990

Upon accession:

«Pursuant to Article 14, paragraph 5(c), the Director-General of FAO declares that, within its constitutional mandate to monitor and evaluate the world food security situation, the Food and Agriculture Organization of the United Nations is competent to advise governments on measures to be taken in terms of the agricultural, fisheries and forestry practices to minimize the impact of radionuclides and to develop emergency procedures for alternative agricultural practices and for decontamination of agricultural, fisheries and forestry products, soil and water.»

Finland, Republic of

approved 27 Nov 1990

Upon approval:

«Finland will not apply paragraph 2 of Article 10 in cases of gross negligence by the individuals who caused the death, injury, loss or damage.»

France (French Republic)

approved 06 Mar 1989

Upon signature, as confirmed upon approval:

«The Government of the French Republic declares, in accordance with Article 8.9, that France does not consider itself bound by the provisions of paragraphs 2 and 3 of that Article;»

The Government of the French Republic declares, in accordance with Article 10.5, that France does not consider itself bound by paragraph 2 of that Article;

The Government of the French Republic declares, in accordance with Article 13.3, that France does not consider itself bound by the provisions of paragraph 2 of that Article.»

(Original: French)

Germany, Federal Republic of

ratified 14 Sep 1989

Upon signature:

«[...] with reference to article 15 of the aforementioned Convention, that the Federal Republic of Germany will as of today, in accordance with the law applicable in the Federal Republic of Germany, apply the Convention provisionally.»

(Original: German, with official English translation)

Greece (Hellenic Republic)

ratified 06 Jun 1991

Upon signature:

«According to their respective articles 13 and 15, the above two conventions will be provisionally applied in Greece within the framework of the existing internal legislation.»

Hungary

ratified 10 Mar 1987

Upon signature, confirmed upon ratification, but withdrawn on 30 November 1990:

«The Hungarian People's Republic does not consider itself bound by the dispute settlement procedures provided for in paragraph 2 of Article 13 of the Convention, since, in its opinion, the jurisdiction of any arbitral tribunal or of the International Court of Justice can only be founded on the voluntary prior acceptance of such jurisdiction by all the Parties concerned.»

(Original: Hungarian, with official English translation)

India, Republic of

ratified 28 Jan 1988

Upon signature:

«While signing the two conventions that were approved by the special session last week, I would like to express the disappointment of my Government that the Convention on Early Notification of a Nuclear Accident does not cover all kinds of accidents. It should have been a full-scope convention covering accidents from whatever source — civil or military, including accidents emanating from nuclear weapons or nuclear weapons tests, since the transboundary effects of radiological safety significance from any source would be equally damaging.»

Nevertheless, we have decided to sign both conventions, subject to ratification, in view of the solemn assurance that has been given by the five nuclear-weapon States to the effect that they undertake to notify all accidents. This is in keeping with our policy of according to public declarations of State policy equal validity with other international commitments. [...]»

Upon ratification:

«The Government of India hereby declares that it does not consider itself bound by paragraphs 2 and 3 of Article 8 of the Convention.»

2. The Government of India hereby declares that it does not consider itself bound by para 2 of Article 10 of the Convention.

3. The Government of India hereby declares that it does not consider itself bound by the dispute settlement procedures provided for in para 2 of Article 13 of the Convention.»

Indonesia, Republic of

ratified 12 Nov 1993

Upon signature, as confirmed upon ratification:

«The Government of the Republic of Indonesia does not consider itself bound by the provision of Article 13 of this Convention and takes the position that any dispute relating to the interpretation or application of this Convention may only be submitted to arbitration or to the International Court of Justice with the agreement of all parties of the dispute.»

Iran, Islamic Republic of

ratified 09 Oct 2000

Upon ratification:

«[...] In accordance with Article 8, paragraph 9 of the Convention, the Government of the Islamic Republic of Iran does not consider itself bound by the provisions of paragraphs 2 and 3 of Article 8;»

In accordance with Article 10, paragraph 5 of the Convention, the Government of the Islamic Republic of Iran does not consider itself bound by the provisions of paragraph 2 of Article 10;

In accordance with Article 13, paragraph 3 of the Convention, the Government of the Islamic Republic of Iran does not consider itself bound by the provisions of paragraph 2 of Article 13. This Government may, if it deems appropriate, in each individual case submit a dispute to arbitration in conformity with internal laws and regulations.»

Iraq, Republic of

ratified 21 Jul 1988

Upon signature, as confirmed upon ratification:

«1. Article 8 concerning immunity from legal proceedings: availing ourselves of the powers granted to the States signing the Convention under Article 10, paragraphs 5(a) and (b), we consider that cases of gross negligence should be excluded from absolute immunity so that the assisting party will not be exempt from responsibility.»

2. Iraq does not consider itself bound by Article 13, paragraph 2 concerning the obligation to accept arbitrators appointed by the President of the International Court of Justice or the Secretary-General of the United Nations.»

(Original: Arabic)

Upon ratification:

«[...] This ratification does not in any way imply recognition of Israel or entering into any relationship with it.»

(Original: Arabic)

Ireland

ratified 13 Sep 1991

Upon signature:

«Ireland hereby declares that in accordance with article 8, paragraph 9 of the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency, it does not consider itself bound by the provisions of paragraphs 2 and 3 of article 8 thereof.»

Ireland hereby declares that in accordance with article 10, paragraph 5 of the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency, it does not consider itself bound by the provisions of paragraph 2 of article 10 thereof.»

Israel, State of

ratified 25 May 1989

Objection to reservations made by the Republic of Iraq upon ratification, received on 4 January 1989:

«[...] In the view of the government of the State of Israel, such declaration, which is explicitly of a political character, is incompatible with the purposes and objectives of these Conventions and cannot in any way affect whatever obligations are binding upon Iraq under general international law or under particular Conventions.»

The Government of the State of Israel will, in so far as concerns the substance of the matter, adopt towards the Republic of Iraq an attitude of complete reciprocity.»

Upon ratification:

«The Government of the State of Israel declares that Israel does not consider itself bound by the provisions of:»

paragraph 2(a) of Article 8

paragraph 2 of Article 10

paragraph 2 of Article 13.»

Objection to the reservation made by Saudi Arabia upon accession, received on 19 January 1990:

«[...] In the view of the Government of the State of Israel, such reservation, which is explicitly of a political character, is incompatible with the purposes and objectives of these Conventions and cannot in any way affect whatever obligations are binding upon Saudi Arabia under general international law or under particular Conventions.»

The Government of the State of Israel will, in so far as concerns the substance of the matter, adopt towards Saudi Arabia an attitude of complete reciprocity.»

Italy (Italian Republic)

ratified 25 Oct 1990

Upon ratification:

«In accordance with Article 8.9, the Government of the Italian Republic expresses the following reservation.»

Italy understands the term «duties» in Article 8.2(b) to refer only to customs duties. Moreover, it specifies that exemption from taxation, duties or other charges cannot apply to value-added tax (VAT) and that in no case can said exemptions apply to Italian nationals or persons resident in Italy on a permanent basis.

Pursuant to Article 10.5(b), the Government of the Italian Republic declares that it does not consider itself bound by paragraph 2 in cases of gross negligence by the individuals who caused the death, injury, loss or damage.

Lastly, the Government of the Italian Republic makes the following interpretative declaration:

(a) The general provision contained in Article 8.1 shall concern only those privileges, immunities and exemptions specified in the following paragraphs, to the exclusion of all else;

(b) The immunity referred to in Article 8.2(a) shall be understood to be affordable in respect of acts or omissions committed in the performance of and in connection with the duties discharged.»

(Original: French)

Japan

accepted 09 Jun 1987

Upon acceptance:

«The Government of Japan declares that it does not consider itself bound by Paragraph 2(b) of Article 8 with respect to the income tax, local inhabitant taxes and the enterprise tax as well as any identical or substantially similar taxes on personnel acting on behalf of an assisting party and that it will afford to the said personnel exemption from these taxes to the extent provided for in a convention for the avoidance of double taxation between Japan and the State of which the personnel is a resident.»

(Original: Japanese, with official English translation)

Korea, Republic of

acceded 08 Jun 1990

Upon accession:

«The Government of the Republic of Korea declares pursuant to paragraph 9 of Article 8 of the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency that it does not consider itself bound by paragraphs 2 and 3 of that Article. And the Government of the Republic of Korea declares pursuant to paragraph 5 of Article 10 of the said Convention that it does not consider itself bound by paragraph 2 of that Article.»

(Original: Korean, with official English translation)

Malaysia

signed 01 Sep 1987

Upon signature:

«The Government of Malaysia declares, in accordance with paragraph 3 of Article 13, that Malaysia does not consider itself bound by the dispute settlement procedures provided for in paragraph 2 of that Article».

Mauritius, Republic of

acceded 17 Aug 1992

Upon accession:

«In accordance with Article 13 paragraph 3 of the Convention Mauritius declares that it does not consider itself bound by any of the dispute settlement procedures set out in paragraph 2 of Article 13.»

Monaco, Principality of

approved 19 Jul 1989

Upon approval:

«The Principality of Monaco declares that:»

(1) In conformity with paragraph 9 of Article 8, it does not consider itself bound by the provisions of paragraphs 2 and 3 of that Article;

(2) In conformity with paragraph 5 of Article 10, it does not consider itself bound by the provisions of paragraph 2 of that Article;

(3) In conformity with paragraph 3 of Article 13, it does not consider itself bound by the provisions of paragraph 2 of that Article.»

(Original: French)

Mongolia

ratified 11 Jun 1987

Upon signature, confirmed upon ratification, but withdrawn on 18 June 1990:

«The Mongolian People's Republic states that it does not consider itself bound by the provisions of Article 13, paragraph 2 of the Convention on early Notification of a Nuclear Accident, concerning the procedure of the settlement of disputes arising from the interpretation or application of the Convention. In its opinion, for submission of any dispute of such nature to arbitration or the International Court of Justice the consent of all the parties to the dispute is necessary.»

(Original: Russian and English)

Myanmar, Republic of the Union of

acceded 04 Oct 2022

Upon accession:

«In accordance with paragraph 9 of Article 8, the Government of the Republic of the Union of Myanmar declares that it does not consider itself bound by the provisions of paragraph 2 and 3 of Article 8 of the Convention, concerning the privileges, immunities and facilities.»

In accordance with paragraph 5 of Article 10, the Government of the Republic of the Union of Myanmar declares that it does not consider itself bound in whole by paragraph 2 of Article 10 of the Convention. In accordance with paragraph 3 of Article 13, the Government of the Republic of Myanmar declares that it does not consider itself bound by provision of paragraph 2 of Article 13 of the Convention which provide the possibility for submission of the disputes to arbitration or to the International Court of Justice at the request of any party to such dispute and declares that for the submission of any international dispute to arbitration or referral to the International Court of Justice, the agreement of all parties in each individual case is necessary.»

Namibia, Republic of

acceded 27 Jul 2020

Upon accession:

«Pursuant to Article 13, paragraph 3 of the Convention, the Republic of Namibia declares that it does not consider itself bound by the dispute settlement procedures provided for in paragraph 2.»

Netherlands, Kingdom of the

accepted 23 Sep 1991

Upon signature:

«[...] in accordance with Article 15 of that Convention, [the] Government, anticipating the entry into force of the Convention for the Kingdom of the Netherlands, will apply its provisions provisionally. This provisional application will come into effect thirty days from today, or, in case the Convention will not be in force for at least one other State at that time, on the date on which the Convention will have become applicable to one other State either by means of entry into force or by means of a declaration of provisional application. The provisions of article 10, second paragraph, are being excluded from this provisional application.»

Communication received on 12 October 2010:

«With effect from 10 October 2010, the Netherlands Antilles will cease to exist as part of the Kingdom of the Netherlands. From that date onwards, the Kingdom will consist of four parts: the Netherlands, Aruba, Curaçao and Sint Maarten. [...] The modification of the structure of the Kingdom will [...] not affect the validity of the international agreements ratified by the Kingdom for the Netherlands Antilles: these agreements, including any reservations made, will continue to apply to Curaçao and Sint Maarten. The other islands that have until now formed part of the Netherlands Antilles — Bonaire, Sint Eustatius and Saaba — will become part of the Netherlands, thus constituting „the Caribbean part of the Netherlands“. The agreements that now apply to the Netherlands Antilles will also continue to apply to these islands; however, the Government of the Netherlands will now be responsible for implementing these agreements».

New Zealand

acceded 11 Mar 1987

Upon accession:

«In accordance with Article 8 (9) of that Convention [...] New Zealand does not consider itself bound by the provisions of Article 8 (2) (a) and Article 8 (3) (b) of the Convention.»

Nicaragua, Republic of

acceded 11 Nov 1993

Upon accession:

«...in accordance with paragraph 9 of Article 8 of the Convention, [Nicaragua] does not consider itself bound by any of the provisions relating to privileges and immunities contained in paragraphs 2 and 3 of that Article. Likewise, in accordance with paragraph 5 of Article 10, it does nor consider itself bound by any of the provisions relating to claims and compensation contained in paragraph 2 of that Article. Furthermore, the Government of Nicaragua, in accordance with paragraph 3 of Article 13, does not consider itself bound by any of the dispute settlement procedures provided for in paragraph 2 of that Article.»

(Original: Spanish)

Norway, Kingdom of

signed 26 Sep 1986

Upon signature:

«In conformity with article 8, paragraph 9 of the Convention, Norway does not consider herself bound by article 8, paragraph 2(a) as far as immunity from civil proceedings are concerned and by article 8, paragraph 2(b) as far as exemption from taxation, duties or other charges for personnel of the assisting party is concerned.»

Oman, Sultanate of

acceded 09 Jul 2009

Upon accession:

«Firstly: Pursuant to the text of Article 8.9 of the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency, the Sultanate of Oman does not consider itself bound by paragraphs 2 and 3 of Article 8 relating to privileges and immunities.»

Secondly: Pursuant to the text of Article 10.5, the Sultanate of Oman:

(a) Does not consider itself bound by paragraph 2 of this Article;

(b) Will not apply paragraph 2 of this Article in a case of gross negligence by the individuals who caused the death, injury, loss or damage.

Thirdly: Pursuant to the text of Article 13.3, the Sultanate of Oman does not consider itself bound by the dispute settlement procedures contained in paragraph 2 of this Article.»

(Original: Arabic)

Pakistan, Islamic Republic of

acceded 11 Sep 1989

Upon accession:

«The Government of Islamic Republic of Pakistan declares that it does not consider itself bound by paragraphs 2 and 3 of Article 8.»

The Islamic Republic of Pakistan does not consider itself bound by the provisions of Article 10, paragraph 2, with respect to cases of gross negligence by the individuals who caused the death, injury, loss or damage.

The Islamic Republic of Pakistan does not consider itself bound by the provisions of Article 13, paragraph 2, which provides the possibility for submission of disputes to arbitration or to the International Court of Justice at the request of any party to such dispute and declares that for the submission of any international dispute to arbitration or to the International Court of Justice, the consent of all parties concerned in each individual case is necessary.»

Peru, Republic of

acceded 17 Jul 1995

Upon accession:

«(a) Privileges and immunities: In accordance with paragraph 9 of Article 8, the Government of the Republic of Peru declares that it does not consider itself bound by any of the provisions of paragraphs 2 and 3 of that article.»

(b) Claims and compensation: In accordance with paragraph 5 of Article 10, the Government of Peru declares that it does not consider itself bound by any of the provisions relating to claims and compensation set forth in paragraph 2 of that article.

(c) Settlement of disputes: In accordance with paragraph 3 of Article 13, the Government of the Republic of Peru declares that it does not consider itself bound by either of the dispute settlement procedures provided for in paragraph 2 of that article.»

(Original: Spanish)

Poland, Republic of

ratified 24 Mar 1988

Upon ratification, but withdrawn on 18 June 1997:

«[...] the Polish People's Republic does not consider itself bound by the provisions of paragraph 2 of article 13 of the Convention».

(Original: Polish, with English translation)

Romania

acceded 12 Jun 1990

Upon accession:

«Romania does not consider itself bound by the provisions of Article 11, paragraph 2 of the Convention on Early Notification of a Nuclear Accident and Article 13, paragraph 2 of the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency and declares that the submission of any international dispute on the interpretation or the application of those Conventions to arbitration or its referral to the International Court of Justice requires the agreement of all the parties to the dispute.»

(Original: Romanian with official French translation)

Russian Federation

ratified 23 Dec 1986

Upon signature by the URSS:

«From the time of signature and until [the convention] come[s] into force for the USSR, the latter will apply [the convention] provisionally.»

(Original: Russian)

Upon signature, confirmed upon ratification, by the USSR:

«The USSR will not consider itself bound by the provisions of [...] article 13, paragraph 2 of the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency, which envisage the possibility of submitting a dispute between States Parties to arbitration or referring it to the International Court of Justice at the request of any party, and states that for the submission of any international dispute to arbitration or referral to the International Court of Justice the agreement of all parties in each individual case is necessary.»

(Original: Russian)

Saudi Arabia, Kingdom of

acceded 03 Nov 1989

Upon accession:

«(1) The Government of the Kingdom of Saudi Arabia will not be bound in whole or in part by paragraphs 2 and 3 of Article 8 relating to the grant of privileges, immunities and facilities to the assisting parties.»

(2) The Government of the Kingdom of Saudi Arabia does not consider itself bound in whole or in part by paragraph 2 of Article 10 relating to claims and compensation. The Government of the Kingdom of Saudi Arabia will apply local law in deciding on the relevant procedures.

(3) In accordance with paragraph 3 of Article 13, the Government of the Kingdom of Saudi Arabia declares that it does not consider itself bound by any of the dispute settlement procedures provided for in paragraph 2 of that Article.

(4) With regard to Article 9, relating to the transit of personnel, equipment and property to and from the requesting State, the Government of the Kingdom of Saudi Arabia will not be bound to facilitate the transit through its territory of personnel, equipment and property unless there exist diplomatic relations between the Kingdom and the States Parties concerned during the provision of assistance.

Accession to these two Conventions does not in any way imply recognition of Israel and shall not lead to any involvement with Israel on matters governed by these Conventions.»

(Original: Arabic)

South Africa, Republic of

ratified 10 Aug 1987

Upon ratification:

«(a) the Government of the Republic of South Africa does not consider itself bound by either of the dispute settlements provided for in Article 13, paragraph 2, of the Convention,»

(b) the signature of this Convention by the Republic of South Africa in no way implies recognition by South Africa of the United Nations Council for Namibia or its competence to act on behalf of South West Africa/Namibia.»

Spain, Kingdom of

ratified 13 Sep 1989

Upon ratification:

«The Kingdom of Spain declares that it does not consider itself bound by the provisions in paragraphs 2 and 3 of article 8, in paragraph 2 of article 10, and in paragraph 2 of article 13 of the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency.»

(Original: Spanish)

Sri Lanka, Democratic Socialist Republic of

acceded 11 Jan 1991

Upon accession:

«(i) The Government of the Democratic Socialist Republic of Sri Lanka considers that the obligations relating to the grant of privileges, immunities and facilities in terms of Article 8, shall be subject to the applicable laws, regulations and procedures of Sri Lanka.»

(ii) The Government of the Democratic Socialist Republic of Sri Lanka declares, in accordance with Article 10.5, that Sri Lanka does not consider itself bound by paragraph 2 of the said Article.»

(Original: Singhalese and English)

Sweden, Kingdom of

ratified 24 Jun 1992

Upon ratification:

«Under Article 10 item 5b): Sweden reserves the right, notwithstanding what is stated in Article 8 concerning immunities and privileges, to retroactively reclaim reimbursement paid from a tortfeasor, acting on behalf of the assisting party, who has caused damage by intent or gross negligence. Sweden will furthermore apply Swedish rules concerning apportionment on grounds of contributory negligence.»

Under Article 8 item 9: Sweden declares that the rules on immunities and privileges in the Convention shall not apply to participants in rescue operations who are Swedish citizens or are resident in Sweden.»

Syrian Arab Republic

ratified 17 Sep 2018

Upon ratification:

«[...] The ratification of this Convention by the Syrian Arab Republic shall not imply in any way whatsoever recognition of Israel, entry into direct or indirect relations with it, or involvement with it in any activities governed by the provisions of the Convention.»

[...] The Syrian Arab Republic has reservations regarding implementation of the provisions of paragraph 1, subparagraphs 2(a) and 2(b) and subparagraphs 3(a) and 3(b) of article 8 of the Convention concerning privileges, immunities and facilities and exemption from taxation, duties or other charges; article 9 concerning transit of personnel, equipment and property; subparagraphs 2(a), 2(b), 2(c) and 2(d) of article 10 concerning claims and compensation; and paragraph 2 of article 13 concerning settlement of disputes.»

(Original: Arabic)

Thailand, Kingdom of

ratified 21 Mar 1989

Upon signature, confirmed upon ratification:

«Thailand does not consider itself bound by the provisions concerning: (i) the privileges, immunities stipulated in paragraphs 2 and 3 of Article 8; (ii) the claims and compensation prescribed in paragraph 2 of Article 10, and (iii) both of the dispute settlement procedures provided for in paragraph 2 of Article 13.»

Türkiye , Republic of

ratified 03 Jan 1991

Upon ratification:

«In conformity with the article 8 paragraph 9 of the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency, Turkey does not consider itself bound by article 8 paragraph 2(a) with regard to the immunity from civil proceedings, by paragraph 2(b) concerning exception from taxation, duties or other charges for personnel of the assisting party.»

Turkey hereby declares that in accordance with article 10, paragraph 5 of the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency, it does not consider itself bound by the provisions of paragraph 2 article 10.

Turkey hereby declares that in accordance with paragraph 3 of the article 13 of the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency, it does not consider itself bound by the provisions of paragraph 2 of article 13, thereof.»

(Original: Turkish, with official English translation)

Ukraine

ratified 26 Jan 1987

Upon signature:

«The Ukrainian SSR [...] declares that it accepts provisionally the obligations under the Conventions in question from the time of their signature and until their ratification.»

(Original: Russian)

Upon signature, confirmed upon ratification:

«The Ukrainian SSR will not consider itself bound by the provisions of [...] Article 13, paragraph 2 of the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency, which envisage the possibility of submitting a dispute between States Parties to arbitration or referring it to the International Court of Justice at the request of any party, and states that for submission of any international dispute to arbitration or referral to the International Court of Justice the agreement of all parties in each individual case is necessary.»

(Original: Russian)

United Arab Emirates

acceded 02 Oct 1987

Upon accession:

«The Government of the United Arab Emirates, in accordance with Paragraph 3 of Article 13, does not consider itself bound by the provisions of Paragraph 2 of that Article.»

United Kingdom of Great Britain and Northern Ireland

ratified 09 Feb 1990

Upon signature:

«The United Kingdom will apply this Convention provisionally from today's date to the extent permitted by its existing laws, regulations and administrative arrangements.»

Upon ratification:

«In pursuance of paragraph 9 of Article 8 of the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency, the United Kingdom hereby declares that it considers itself bound by paragraphs 2 and 3 of the said Article 8 to the following extent:»

1. in cases where assistance is provided by the International Atomic Energy Agency, to the extent to which the privileges and immunities provided for in those paragraphs are accorded in the Agreement on the Privileges and Immunities of the International Atomic Energy Agency, approved by the Board of Governors on 1 July 1959;

2. in cases where assistance is provided by any other international intergovernmental organisation, to the extent to which the United Kingdom has agreed to accord the privileges and immunities provided for in those paragraphs;

3. in cases where assistance is provided by a State Party to the Convention, to the following extent:

(a) in relation to the State Party providing assistance to the extent that that State Party is itself bound by those paragraphs in relation to the United Kingdom;

(b) the United Kingdom shall only be bound to apply paragraph 2(b) in cases where the State Party is providing assistance without cost to the United Kingdom; and

«(c) the exemption from taxation provided for in paragraph 2(b) shall only extend to an exemption from income tax on the salaries and emoluments of personnel which are paid from the State Party providing assistance and the United Kingdom reserves the right to take those salaries and emoluments into account for the purpose of assessing the amount of taxation to be applied to income from other sources».

United States of America

ratified 19 Sep 1988

Upon signature, confirmed upon ratification:

«In accordance with paragraphs 3 and 4 of article 2 and paragraph 2 of article 7, the United States declares that reimbursement of costs is among the terms of assistance it may provide unless the United States explicitly specifies otherwise or waives reimbursements.»

With respect to any other state party that has declared pursuant to paragraph 9 of article 8 that it does not consider itself bound in whole or in part by paragraph 2 or 3, the United States declares pursuant to paragraph 9 that in its treaty relations with that state the United States does not consider itself bound by paragraphs 2 and 3 to the same extent provided in the declaration of that other state party.

With respect to any other state party that has declared pursuant to paragraph 5 of article 10 that it does not consider itself bound in whole or in part by paragraph 2 or that it will not apply paragraph 2 in whole or in part in cases of gross negligence, the United States declares pursuant to paragraph 5 that in its treaty relations with that state the United States does not consider itself bound by paragraph 2 to the same extent as provided in the declaration of that other state party.

As provided for in paragraph 3 of article 13, the United States declares that it does not consider itself bound by either of the dispute settlement procedures provided for in paragraph 2 of that article.»

Uzbekistan, Republic of

acceded 30 Jul 2025

Upon accession:

«In accordance with paragraph 9 of Article 8 of the Convention, the Republic of Uzbekistan declares that it does not consider itself bound by the provisions of paragraph 2(a) of this Article; In accordance with paragraph 9 of Article 8 of the Convention, the Republic of Uzbekistan declares that, with respect to any State Party or member of the Convention that does not consider itself fully or partially bound by the provisions of 2(b) and 3 of Article 8, it shall regard itself as bound by provisions of paragraph 2(b) and paragraph 3 of this Article only to the extent indicated in that State's declaration. In accordance with paragraph 5(b) of Article 10 of the Convention, the Republic of Uzbekistan declares that it does not consider itself fully bound by the provisions of paragraph 2 of this Article. Furthermore, said paragraph shall not apply in cases where the gross negligence of certain individuals results in the death or bodily injury of other persons, loss of or damage to property, or harm to the environment; In accordance with paragraph 2 of Article 13 of the Convention, the Republic of Uzbekistan declares that it does not consider itself bound by the provisions of paragraph 2 of this Article.»

Viet Nam, Socialist Republic of

acceded 29 Sep 1987

Upon accession:

«The Socialist Republic of Viet Nam shall not consider itself to be bound by the provisions of paragraph 2 of article 11 of the Convention on Early Notification of a Nuclear Accident or of paragraph 2 of article 13 of the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency, which provide for the possibility of submitting a dispute between States Parties to arbitration or of referring it to the International Court of Justice at the request of any party; the Socialist Republic of Viet Nam declares that the submission of any international dispute to arbitration or its referral to the International Court of Justice requires the agreement of all the parties in each particular case.»

(Original: French)

WHO

acceded 10 Aug 1988

Upon accession:

«In conformity with paragraph 5(c) of Article 14, the Director-General of WHO declares that the World Health Organization is competent to act as the directing and coordinating authority in international health work in matters covered by the Convention, and to provide related assistance upon the request or acceptance of governments, without prejudice to the national competence of each of its Member States.»

WMO

acceded 17 Apr 1990

Upon accession:

«I, the undersigned, Prof. G.O.P. Obasi, Secretary-General of the World Meteorological Organization, declare in accordance with paragraph five (c) of Article fourteen of the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency adopted at Vienna on the twenty-sixth day of September, one thousand nine hundred and eighty-six that the World Meteorological Organization has competence in respect of the negotiation, conclusion and application of international agreements in matters covered by this Convention to the extent of fulfilling the purposes of the Organization as laid down in Article two of the Convention of the World Meteorological Organization.»