Статус Объединенной конвенции о безопасности обращения с отработавшим топливом и о безопасности обращения с радиоактивными отходами (Вена, 5 сентября 1997 года) [рус., англ.]

Вступление в силу: 18.06.2001

Участники: 92

Подписание: 42

Notes: The Convention was opened for signature on 29 September 1997 and entered into force force on 18 June 2001, in accordance with Article 40, paragraph 1. For each State or regional organization depositing an instrument expressing consent to be bound after that date, the Convention enters into force on the ninetieth day after the date of such deposit, in accordance with Article 40, paragraph 2.

Parties: 92 (subject to date of entry into force)

Signatories: 42

<1> The instrument of accession specifies that, unless the Government of the People's Republic of China issues a separate notice», the Convention «shall not apply to the Macao Special Administrative Region of the People's Republic of China.» On 3 July 2007, the People's Republic of China notified the Depositary that the Convention applies to «the Hong Kong Special Administrative Region but confirmed that, „unless otherwise notified“, it does not apply to the „Macao Special Administrative Region“.»

<2> Upon signature and acceptance Denmark declared that: «Until further notice the Convention shall not apply to Greenland and the Faroe Islands.» On 15 December 2016, Denmark notified the Depositary that is also accepted the Convention for Greenland.

<3> The instrument specifies that acceptance is «for the Kingdom in Europe».

China, People's Republic of

acceded 13 Sep 2006

Upon accession:

[...] The interpretation of the Government of the People's Republic of China of «transboundary movement», as referred to in Article 2 subparagraph (u) and in Article 27, is as follows: before consenting to a transboundary movement originating from another Contracting Party's domestic entity, any Contracting Party to the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management which is a State of destination shall confirm the said transboundary movement with the State of origin of the said transboundary movement, and obtain authorization from the said State of origin.»

(Original: Chinese)

Comunication received on 3 July 2007:

«The declaration made by the People's Republic of China to Subparagraph (u), Article 2 and Article 27 of the Convention also applies to the Hong Kong Special Administrative Region.»

(Original: Chinese)

Cyprus, Republic of

acceded 21 Oct 2009

Objection the declarationof the Republic received on 13 April 2023 toof Türkiye

«[...] and in reference to the Note Verbale dated 16 March 2023 (and reissued on 4 April 2023) informing of the deposition by the Republic of Türkiye of an instrument of accession to the aforementioned Joint Convention and of the declarations attached to it, has the honor to submit a declaration, as follows:»

«The Republic of Cyprus has examined the Declaration attached to the instrument of accession deposited by the Republic of Türkiye with the Depositary of the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management on 20 February 2023, which includes explicit reference to the Republic of Cyprus.»

The Republic of Cyprus deems the content and purported effect of this Declaration as tantamount to a reservation contrary to the object and purpose of the Convention. By this Declaration, the Republic of Türkiye purports to evade its obligations under the Convention vis- \text{а} -vis another equal and sovereign State Party, namely the Republic of Cyprus.

Indeed, the Declaration prevents the realization of cooperation between State Parties foreseen by the Convention. Particularly, given the geographical proximity of the two State Parties, the Declaration is considered as a serious impediment to the effective implementation of provisions of the Convention by the affected State Parties.

The Republic of Cyprus therefore rejects the aforesaid Declaration made by the Republic of Türkiye and considers the said Declaration to be null and void. These reservations of the Republic of Türkiye shall not preclude the application of the Convention, in its entirety, between the Republic of Cyprus and the Republic of Türkiye « [...]»

Eritrea, State of

acceded 13 Mar 2020

Upon accession:

«In keeping with the object and purpose of the Convention, including its recognition of the „special needs of developing countries, and in particular the least developed countries“ (Preamble, para (x)), Eritrea understands its responsibilities under Articles 19 and 20 of the Convention to take into account the current very preliminary state of development and planning for Eritrea's use of nuclear materials as well as the burden on human and other resources of the development of regulatory institutions to deal with future problems of spent fuel and radioactive waste management.»

EURATOM

acceded 04 Oct 2005

Upon accession:

«The following States are presently members of the European Atomic Energy Community: the Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Republic of Cyprus, the Republic of Lativa, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland.»

The Community declares that Articles 1 to 16, 18, 19 to 21 and 24 to 44 of the Joint Convention apply to it.

The Community possesses competences, shared with the abovementioned Member States, in the fields covered by Articles 4, 6 to 11, 13 to 16, 19 and 24 to 28 of the Joint Convention as provided by the Treaty establishing the European Atomic Energy Community in Article 2(b) and the relevant Articles of Title II, Chapter 3, entitled «Health and Safety».

When acceding to this Convention, the European Atomic Energy Community also wishes to put forward a reservation with regard to the non-compliance of Article 12(1) of the Directive 92/3/Euratom on the supervision and control of shipments of radioactive waste between Member States and into and out of the Community with the specific requirement in Article 27(1)(i) of the Joint Convention which requires the consent of the state of destination in the framework of transboundary movements. A revision of this Directive, which will bring the relevant Community law in conformity with this Convention, is currently in the process of adoption.»

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.

Japan

acceded 26 Aug 2003

Upon accession:

«The Government of Japan, in accedding to the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management, adopted at Vienna on September 5, 1997, declares reprocessing to be part of spent fuel management pursuant to Article 3, paragraph 1 of the Convention.»

Republic of Moldova

acceded 23 Feb 2010

Upon accession:

«Until the full re-establishment of the territorial integrity of the Republic of Moldova, the provisions of the Protocol will be applied only on the territory controlled effectively by the authorities of the Republic of Moldova.»

(Original: Moldovan with unofficial English translation)

Türkiye , Republic of

acceded 20 Feb 2023

Upon accession:

« Türkiye will implement the provisions of the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management in accordance with the Convention Regarding the Regime of the Turkish Straits, signed in Montreux on 20 July 1936, as well as by taking into account 1998 Maritime Traffic Regulations for the Turkish Straits. Under the said Regulations, Turkish Straits Vessel Traffic Services Center is effectively providing traffic information, navigational assistance and traffic organisation in order to ensure the safety of navigation and to protect the marine environment in the Straits.»

Türkiye's decision to become a party to the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management should in no way be construed as implying any form of recognition of the Greek Cypriot Administration's pretention to represent the «Republic of Cyprus», nor as implying any obligations on the part of Türkiye to enter into any dealing with authorities or institutions of the so-called «Republic of Cyprus» within the framework of the activities specified in the said Convention.

With the Presidential Decision dated 14/8/2019 and numbered 1426, published at the Official Gazette dated 15/8/2019 and numbered 30859, the «Maritime Traffic Regulations for the Turkish Straits» was revoked and «Maritime Traffic By-law for the Turkish Straits» was put into force.»

(Original: Turkish with official English translation)