Agreement
between the Government of the Republic of Latvia
and the Government of the Republic of Lithuania on Early
Notification
of Nuclear Accidents, Exchange of Information and
Co–operation
in the Field of Nuclear Safety and Radiation Protection
The Government of the Republic of
Latvia and the Government of the Republic of Lithuania
hereinafter referred to as “the Contracting Parties”,
Referring to the Convention on Early Notification of a
Nuclear Accident of 26 September 1986 (hereinafter referred to as
the “IAEA Convention”),
Taking into consideration the provisions of the Final Act
of the Conference on Security and Co–operation in Europe of 1
August 1975,
Striving for further strengthening of international
co–operation in the field of safe use of nuclear energy and
radiation technologies,
Convinced that comprehensive co–operation between both
States will contribute to limiting the risk and consequences of
possible nuclear and radiation accidents and improving their
radiation protection infrastructure,
Have agreed as follows:
Article 1
SCOPE OF APPLICATION
1. This Agreement shall
apply:
a) in the event of any accident involving nuclear activities or
facilities of Contracting Parties or of persons or legal entities
under their jurisdiction or control, referred to in paragraph 2
below, from which a release of radioactive material occurs or is
likely to occur and which has resulted or may result in a
transboundary transfer that could be of radiation protection
significance for another Contracting Party;
b) if the radiation monitoring system of one Contracting Party
registers occurrence of ionising radiation above the level agreed
by Contracting Parties not caused by release from nuclear
facilities or activities in its own territory.
2. This Agreement shall apply to facilities and activities
(hereinafter respectively referred to as a “nuclear facility” and
a “nuclear activity”) specified as follows:
(a) any nuclear reactor;
(b) any nuclear fuel cycle facility;
(c) any radioactive waste management facility;
(d) the transport and storage of nuclear fuels or radioactive
wastes;
(e) the manufacture, use, storage, disposal and transport of
radioisotopes for agricultural, industrial, medical and research
purposes;
(f) the use of radioisotopes for power generation in space
objects.
3. With a view to minimizing radiological consequences,
Contracting Parties shall give notification in the event of
nuclear and radiation accidents other than those specified in
this Article that might have radiological consequences in the
territory of the other Contracting Party.
Article 2
COMPETENT AUTHORITIES
1. This Agreement shall be
implemented by the competent authorities of Contracting Parties
in accordance with their mutual arrangements on the fulfilment of
the provisions of this Agreement.
2. The representatives of the competent authorities shall meet in
case of necessity to negotiate on current issues concerning the
implementation of the Agreement. The time, place and agenda of
the meetings shall be agreed upon in advance.
3. For the purposes of this Agreement “competent authorities”
shall be:
in the REPUBLIC OF LATVIA:
the Ministry of Environment of the Republic of LATVIA
in the REPUBLIC OF LITHUANIA:
the Ministry of Economy of the Republic of LITHUANIA
4. Each Contracting Party shall promptly notify the other
Contracting Party on any changes concerning the competent
authorities and their contact points.
Article 3
EARLY NOTIFICATION
1. If there is an accident
involving a nuclear facility or nuclear activities in the
territory of one Contracting Party, from which a release of
radioactive substances results or may result and if such a
release could have an effect outside the territory of one
Contracting Party that could be of radiation protection
significance for another Contracting Party, the Contracting Party
in whose territory the accident has occurred shall directly
notify the other Contracting Party. It shall also promptly
provide such available information that is relevant in order to
minimise radiological consequences. The information shall
comprise the following data as then available:
(a) the time, exact location where appropriate, and the nature of
the nuclear accident;
(b) the nuclear facility or nuclear activity involved;
(c) the assumed or established cause and the foreseeable
development of a nuclear accident relevant to the transboundary
transfer of the radioactive materials;
(d) the general characteristics of the radioactive release,
including, as far as is practicable and appropriate, the nature,
probable physical and chemical form and the quantity, composition
and effective height of the radioactive release;
(e) information on current and forecast meteorological and
hydrological conditions, necessary for forecasting the
transboundary transfer of the radioactive materials;
(f) the results of environmental monitoring relevant to the
transboundary transfer of the radioactive materials;
(g) the off–site protective measures taken or planned;
(h) the predicted behaviour over time of the radioactive
release.
2. With the development of the situation, the information
referred to in paragraph 1 of this Article shall be supplemented
by relevant information so long as the competent authorities of
Contracting Parties agree as necessary.
3. The Contracting Party providing information under this Article
shall, as far as it is reasonably practicable, respond promptly
to a request from the other Contracting Party for further
information or consultations.
4. If the radiation monitoring system of one Contracting Party
registers occurrence of ionising radiation above the level agreed
by Contracting Parties that is not caused by release from nuclear
facilities or activities in its own territory, it shall promptly
notify the other Contracting Party and shall continue to keep the
other Party informed of further developments.
5. The initial information given
in English under the code name “EMERCON” will be received
directly through official contact points continuously
available:
in the REPUBLIC OF LATVIA:
at the Radiation Safety Centre
(RDC)
Maskavas str. 165, LV–1019 Riga
Telephone: +371 7032678 (24 hour)
Fax: +371 7032659 (24 hour)
Mob. phone: +371 6565626 (24 hour)
E–mail: rdc@rdc.gov.lv
in the REPUBLIC OF LITHUANIA:
at the Lithuanian Nuclear Power
Safety Inspectorate (VATESI)
Šermukšnių Str. 3, LT–2600 Vilnius
Mob. phone: +370 698 44074 (24 hour)
Fax: +370 5 2614487 (working hour)
E–mail: emercon@vatesi.lt
6. The form of information
supplied pursuant to this Article shall be determined by the
competent authorities in a separate agreement.
Article 4
EXCHANGE OF INFORMATION
1. Contracting Parties shall
exchange safety–related information on nuclear facilities in
operation as well as those planned or under construction, their
commissioning and decommissioning or those already decommissioned
within their territories and appropriate information on the
nuclear activities which are relevant to the risk of release of
radioactive materials in quantities, exceeding maximum
permissible levels. Such information shall be provided under
arrangements pursuant to paragraph 1 of Article 2 of this
Agreement.
2. Contracting Parties shall notify each other as soon as
possible of all significant safety–related changes in nuclear
facilities or nuclear activities in their territories.
3. Contracting Parties shall promptly notify each other of any
case related to nuclear materials, sources of ionising radiation
and radioactive wastes when identified or suspected that such
nuclear materials, sources of ionising radiation and radioactive
wastes have been illicitly trafficked from one Contracting Party
to the other Contracting Party.
4. The means of implementation of paragraphs 1, 2 and 3 of this
Article shall be determined between the competent authorities of
the Contracting Parties in a separate agreement.
5. The Contracting Party receiving information supplied in
accordance with this Article shall be entitled to apply to the
other Contracting Party for further clarification of such
information.
Article 5
SCIENTIFIC AND TECHNICAL
CO–OPERATION
Contracting Parties shall
encourage and facilitate the development of scientific and
technical co–operation between authorities concerned and between
other institutions of both Contracting Parties in the field of
nuclear safety and radiation protection, including monitoring of
radioactive releases, emergency planning and management of spent
nuclear fuel and radioactive waste.
Article 6
reimbursements of costs
No reciprocal reimbursements of
costs related to the exchange of information under this Agreement
shall be a subject of any claims of one Contracting Party to the
other.
Article 7
usage of the information
1. The exchanged information shall
be classified as
a) non–confidential information;
b) information with restricted access.
If the Contracting Party transmitting the information classifies
it as being of restricted access, it shall indicate clearly the
restricted access nature of this information to another Party.
The information with restricted access shall be used only within
the nuclear and radiation safety authorities and within other
Government bodies of the Contracting Party. Without the written
agreement between the Contracting Parties such information with
restricted access shall not be communicated to the third
parties.
2. Nothing in the paragraph 1 shall be in conflict with the
provisions of national legislation of both Contracting
Parties.
Article 8
relationship to other
agreements
This Agreement shall not affect
other agreements previously concluded by Contracting Parties as
well as obligations of the Contracting Parties under other
international agreements in force.
Article 9
AMENDMENTS
The provisions of this Agreement
may be amended at any time by the mutual consent of the
Contracting Parties in the form of the Protocol to this Agreement
that shall constitute an integral part of this Agreement.
Article 10
Settlement of disputes
1. Any dispute concerning the
interpretation or application of the provisions of this Agreement
shall be settled by negotiations between Contracting
Parties.
2. If a dispute of this character between Contracting Parties
cannot be settled within six months from the request for
negotiations pursuant to paragraph 1 of this Article, it shall,
at the request of any Contracting Party, be submitted to
arbitration following the procedure provided in paragraph 2 of
Article 11 of the IAEA Convention.
Article 11
ENTRY INTO FORCE
The Agreement shall enter into
force on the date of the receipt of the latest written
notification of the Contracting Party on the completion of its
internal legal procedures necessary for the entry into force of
this Agreement.
Article 12
VALIDITY
1. This Agreement shall remain in
force for an unlimited period of time.
2. Each Contracting Party may denounce this Agreement by a
written notification to the other Contracting Party made in
advance but not later than one year before the denunciation
date.
Done at Vilnius, on 3rd
October 2003 in two original copies in the Latvian, Lithuanian
and English languages, all texts are equally authentic. In case
of any divergence of interpretation, the English text shall
prevail.
For the Government For the
Government
of Republic of Republic
of Latvia of Lithuania
