662-(2)

II SÉRIE-A — NÚMERO 32

RESOLUÇÃO

APROVA, PARA RATIFICAÇÃO, A CONVENÇÃO SOBRE SEGURANÇA NUCLEAR, ADOPTADA EM VIENA, EM 17 DE JUNHO OE 1994, NO ÂMBITO DA AGÊNCIA INTERNACIONAL DA ENERGIA ATÓMICA.

A Assembleia da República resolve, nos termos dos artigos 161.°, alínea /'), e 166.°, n.° 5, da Constituição, aprovar, para ratificação, a Convenção sobre Segurança Nuclear, aberta à assinatura em 20 de Setembro de 1994, na 38.a Sessão da Conferência Geral da Agência Internacional da Energia Atómica, e assinada por Portugal em 3 de Outubro de 1994, cuja versão autêntica em língua inglesa e respectiva tradução em língua portuguesa seguem em anexo.

Aprovada em 22 de Janeiro de 1998.

O Presidente da Assembleia da República, António de Almeida Santos.

CONVENTION ON NUCLEAR SAFETY

Preamble

The Contracting Parties:

i) Aware of the importance to the international community of ensuring that the use of nuclear energy is safe, well regulated and environmentally sound;

ii) Reaffirming the necessity of, continuing to promote a high level of nuclear safety worldwide;

iii) Reaffirming that responsibility for nuclear safety rests with the State having jurisdiction over a nuclear installation;

iv) Desiring to promote an effective nuclear safety culture;

v) Aware that accidents at nuclear installations have the potential for transboundary impacts;

vi) Keeping in mind the Convention on trie Physical Protection of Nuclear Material (1979), the Convention on Early Notification of a Nuclear Accident (1986), and the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency (1986);

vii) Affirming the importance of international cooperation for the enhancement of nuclear safety — through existing bilateral and multilateral mechanisms and the establishment of this incentive Convention;

viii) Recognizing that this Convention entails a commitment to the application of fundamental safety principles for nuclear installations rather than of detailed safety standards and that there are internationally formulated safety guidelines which are updated from time to time and so can provide guidance on contemporary means of achieving a high level of safety;

ix) Affirming the need to begin promptly the development of an international convention on the safety of radioactive waste management as soon as the ongoing process to develop waste management safety fundamentals as resulted in broad.international agreement;

x) Recognizing the usefulness of further technical work in connection with the safety of other parts of the nuclear fuel cycle, and that this work may, in time, facilitate the development of current or future international instruments;

have agreed as follows:

CHAPTER 1 Objectives, definitions and scope of application

Article 1 Objectives

The objectives of this Convention are:

i) To achieve and maintain a high level of nuclear safety worldwide through the enhancement of national measures and international co-operation including, where appropriate, safety-related technical co-operation;

ii) To establish and maintain effective defences in nuclear installations against potential radiological hazards in order to protect individuals, society and the environment from harmful effects of ionizing radiation from such installations;

Hi) To prevent accidents with radiological consequences and to mitigate such consequences should they occur.

Article 2

Definitions

For the purpose of this Convention:

i) «Nuclear installation» means for each Contracting Party any land-based civil nuclear power plant under its jurisdiction including such storage, handling and treatment facilities for radioactive materials as are on the same site and are directly related to the operation of the nuclear power plant. Such a plant ceases to be a nuclear installation when all nuclear fuel elements have been removed permanently from the reactor core and have been stored safely in accordance with approved procedures, and a decommissioning programme has been agreed to by the regulatory body;

ii) «Regulatory body» means for each Contracting Party any body or bodies given the legal autority by that Contracting Party to grant licences and to regulate the siting, design, construction, commissioning, operation or decommissioning of nuclear installation;

iii) «Licence» means any authorization granted by the regulatory body to the applicant to have the responsibility for the siting, design, construction, commissioning, operation or decommissioning of a nuclear installation.

Article 3 Scope of application

This Convention shall apply to the safety of nuclear installations.