EUR-Lex - 22008A0208(01) - EN Important legal notice | 22008A0208(01) Convention on the Physical Protection of Nuclear Material and Nuclear Facilities Official Journal L 034 , 08/02/2008 P. 0005 - 0018 ANNEX 1Convention on the Physical Protection of Nuclear Material and Nuclear FacilitiesTHE STATES PARTIES TO THIS CONVENTION,RECOGNISING the right of all States to develop and apply nuclear energy for peaceful purposes and their legitimate interests in the potential benefits to be derived from the peaceful application of nuclear energy,CONVINCED of the need to facilitate international cooperation and the transfer of nuclear technology for the peaceful application of nuclear energy,BEARING IN MIND that physical protection is of vital importance for the protection of public health, safety, the environment and national and international security,HAVING IN MIND the purposes and principles of the Charter of the United Nations concerning the maintenance of international peace and security and the promotion of good-neighbourliness and friendly relations and cooperation among States,CONSIDERING that under the terms of paragraph 4 of Article 2 of the Charter of the United Nations, "All members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the Purposes of the United Nations,"RECALLING the Declaration on Measures to Eliminate International Terrorism, annexed to General Assembly resolution 49/60 of 9 December 1994,DESIRING to avert the potential dangers posed by illicit trafficking, the unlawful taking and use of nuclear material and the sabotage of nuclear material and nuclear facilities, and noting that physical protection against such acts has become a matter of increased national and international concern,DEEPLY CONCERNED by the worldwide escalation of acts of terrorism in all its forms and manifestations, and by the threats posed by international terrorism and organised crime,BELIEVING that physical protection plays an important role in supporting nuclear non-proliferation and counter-terrorism objectives,DESIRING through this Convention to contribute to strengthening worldwide the physical protection of nuclear material and nuclear facilities use for peaceful purposes,CONVINCED that offences relating to nuclear material and nuclear facilities are a matter of grave concern and that there is an urgent need to adopt appropriate and effective measures, or to strengthen existing measures, to ensure the prevention, detection and punishment of such offences,DESIRING to strengthen further international cooperation to establish, in conformity with the national law of each State Party and with this Convention, effective measures for the physical protection of nuclear material and nuclear facilities,CONVINCED that this Convention should complement the safe use, storage and transport of nuclear material and the safe operation of nuclear facilities,RECOGNISING that there are internationally formulated physical protection recommendations that are updated from time to time which can provide guidance on contemporary means of achieving effective levels of physical protection,RECOGNISING also that effective physical protection of nuclear material and nuclear facilities used for military purposes is a responsibility of the State possessing such nuclear material and nuclear facilities, and understanding that such material and facilities are and will continue to be accorded stringent physical protection,HAVE AGREED as follows:Article 1For the purposes of this Convention:(a) "nuclear material" means plutonium except that with isotopic concentration exceeding 80 % in plutonium-238; uranium-233; uranium enriched in the isotope 235 or 233; uranium containing the mixture of isotopes as occurring in nature other than in the form of ore or ore-residue; any material containing one or more of the foregoing;(b) "uranium enriched in the isotope 235 or 233" means uranium containing the isotope 235 or 233 or both in an amount such that the abundance ratio of the sum of these isotopes to the isotope 238 is greater than the ratio of the isotope 235 to the isotope 238 occurring in nature;(c) "international nuclear transport" means the carriage of a consignment of nuclear material by any means of transportation intended to go beyond the territory of the State where the shipment originates beginning with the departure from a facility of the shipper in that State and ending with the arrival at a facility of the receiver within the State of ultimate destination;(d) "nuclear facility" means a facility (including associated buildings and equipment) in which nuclear material is produced, processed, used, handled, stored or disposed of, if damage to or interference with such facility could lead to the release of significant amounts of radiation or radioactive material;(e) "sabotage" means any deliberate act directed against a nuclear facility or nuclear material in use, storage or transport which could directly or indirectly endanger the health and safety of personnel, the public or the environment by exposure to radiation or release of radioactive substances.Article 1AThe purposes of this Convention are to achieve and maintain worldwide effective physical protection of nuclear material used for peaceful purposes and of nuclear facilities used for peaceful purposes; to prevent and combat offences relating to such material and facilities worldwide; as well as to facilitate cooperation among States Parties to those ends.Article 21. This Convention shall apply to nuclear material used for peaceful purposes in use, storage and transport and to nuclear facilities used for peaceful purposes, provided, however, that Articles 3 and 4 and paragraph 4 of Article 5 of this Convention shall only apply to such nuclear material while in international nuclear transport.2. The responsibility for the establishment, implementation and maintenance of a physical protection regime within a State Party rests entirely with that State.3. Apart from the commitments expressly undertaken by States Parties under this Convention, nothing in this Convention shall be interpreted as affecting the sovereign rights of a State.4. (a) Nothing in this Convention shall affect other rights, obligations and responsibilities of States Parties under international law, in particular the purposes and principles of the Charter of the United Nations and international humanitarian law.(b) The activities of armed forces during an armed conflict, as those terms are understood under international humanitarian law, which are governed by that law, are not governed by this Convention, and the activities undertaken by the military forces of a State in the exercise of their official duties, inasmuch as they are governed by other rules of international law, are not governed by this Convention.(c) Nothing in this Convention shall be construed as a lawful authorisation to use or threaten to use force against nuclear material or nuclear facilities used for peaceful purposes.(d) Nothing in this Convention condones or makes lawful otherwise unlawful acts, nor precludes prosecution under other laws.5. This Convention shall not apply to nuclear material used or retained for military purposes or to a nuclear facility containing such material.Article 2A1. Each State Party shall establish, implement and maintain an appropriate physical protection regime applicable to nuclear material and nuclear facilities under its jurisdiction, with the aim of:(a) protecting against theft and other unlawful taking of nuclear material in use, storage and transport;(b) ensuring the implementation of rapid and comprehensive measures to locate and, where appropriate, recover missing or stolen nuclear material; when the material is located outside its territory, that State Party shall act in accordance with Article 5;(c) protecting nuclear material and nuclear facilities against sabotage; and(d) mitigating or minimising the radiological consequences of sabotage.2. In implementing paragraph 1, each State Party shall:(a) establish and maintain a legislative and regulatory framework to govern physical protection;(b) establish or designate a competent authority or authorities responsible for the implementation of the legislative and regulatory framework; and(c) take other appropriate measures necessary for the physical protection of nuclear material and nuclear facilities.3. In implementing the obligations under paragraphs 1 and 2, each State Party shall, without prejudice to any other provisions of this Convention, apply insofar as is reasonable and practicable the following Fundamental Principles of Physical Protection of Nuclear Material and Nuclear Facilities.FUNDAMENTAL PRINCIPLE A: Responsibility of the StateThe responsibility for the establishment, implementation and maintenance of a physical protection regime within a State rests entirely with that State.FUNDAMENTAL PRINCIPLE B: Responsibilities during international transportThe responsibility of a State for ensuring that nuclear material is adequately protected extends to the international transport thereof, until that responsibility is properly transferred to another State, as appropriate.FUNDAMENTAL PRINCIPLE C: Legislative and regulatory frameworkThe State is responsible for establishing and maintaining a legislative and regulatory framework to govern physical protection. This framework should provide for the establishment of applicable physical protection requirements and include a system of evaluation and licensing or other procedures to grant authorisation. This framework should include a system of inspection of nuclear facilities and transport to verify compliance with applicable requirements and conditions of the license or other authorising document, and to establish a means to enforce applicable requirements and conditions, including effective sanctions.FUNDAMENTAL PRINCIPLE D: Competent authorityThe State should establish or designate a competent authority which is responsible for the implementation of the legislative and regulatory framework, and is provided with adequate authority, competence and financial and human resources to fulfil its assigned responsibilities. The State should take steps to ensure an effective independence between the functions of the State's competent authority and those of any other body in charge of the promotion or utilisation of nuclear energy.FUNDAMENTAL PRINCIPLE E: Responsibility of the licence holdersThe responsibilities for implementing the various elements of physical protection within a State should be clearly identified. The State should ensure that the prime responsibility for the implementation of physical protection of nuclear material or of nuclear facilities rests with the holders of the relevant licences or of other authorising documents (e.g. operators or shippers).FUNDAMENTAL PRINCIPLE F: Security cultureAll organisations involved in implementing physical protection should give due priority to the security culture, to its development and maintenance necessary to ensure its effective implementation in the entire organisation.FUNDAMENTAL PRINCIPLE G: ThreatThe State's physical protection should be based on the State's current evaluation of the threat.FUNDAMENTAL PRINCIPLE H: Graded approachPhysical protection requirements should be based on a graded approach, taking into account the current evaluation of the threat, the relative attractiveness, the nature of the material and potential consequences associated with the unauthorised removal of nuclear material and with the sabotage against nuclear material or nuclear facilities.FUNDAMENTAL PRINCIPLE I: Defence in depthThe State's requirements for physical protection should reflect a concept of several layers and methods of protection (structural or other technical, personnel and organisational) that have to be overcome or circumvented by an adversary in order to achieve his objectives.FUNDAMENTAL PRINCIPLE J: Quality assuranceA quality assurance policy and quality assurance programmes should be established and implemented with a view to providing confidence that specified requirements far all activities important to physical protection are satisfied.FUNDAMENTAL PRINCIPLE K: Contingency plansContingency (emergency) plans to respond to unauthorised removal of nuclear material or sabotage of nuclear facilities or nuclear material, or attempts thereof, should be prepared and appropriately exercised by all licence holders and authorities concerned.FUNDAMENTAL PRINCIPLE L: ConfidentialityThe State should establish requirements for protecting the confidentiality of information, the unauthorised disclosure of which could compromise the physical protection of nuclear material and nuclear facilities.4. (a) The provisions of this Article shall not apply to any nuclear material which the State Party reasonably decides does not need to be subject to the physical protection regime established pursuant to paragraph 1, taking into account the nature of the material, its quantity and relative attractiveness and the potential radiological and other consequences associated with any unauthorised act directed against it and the current evaluation of the threat against it.(b) Nuclear material which is not subject to the provisions of this Article pursuant to subparagraph (a) should be protected in accordance with prudent management practice.Article 3Each State Party shall take appropriate steps within the framework of its national law and consistent with international law to ensure as far as practicable that, during international nuclear transport, nuclear material within its territory, or on board a ship or aircraft under its jurisdiction insofar as such ship or aircraft is engaged in the transport to or from that State, is protected at the levels described in Annex I.Article 41. Each State Party shall not export or authorise the export of nuclear material unless the State Party has received assurances that such material will be protected during the international nuclear transport at the levels described in Annex I.2. Each State Party shall not import or authorise the import of nuclear material from a State not party to this Convention unless the State Party has received assurances that such material will during the international nuclear transport be protected at the levels described in Annex I.3. A State Party shall not allow the transit of its territory by land or internal waterways or through its airports or seaports of nuclear material between States that are not parties to this Convention unless the State Party has received assurances as far as practicable that this nuclear material will be protected during international nuclear transport at the levels described in Annex I.4. Each State Party shall apply within the framework of its national law the levels of physical protection described in Annex I to nuclear material being transported from a part of that State to another part of the same State through international waters or airspace.5. The State Party responsible for receiving assurances that the nuclear material will be protected at the levels described in Annex I according to paragraphs 1 to 3 shall identify and inform in advance States which the nuclear material is expected to transit by land or internal waterways, or whose airports or seaports it is expected to enter.6. The responsibility for obtaining assurances referred to in paragraph 1 may be transferred, by mutual agreement, to the State Party involved in the transport as the importing State.7. Nothing in this Article shall be interpreted as in any way affecting the territorial sovereignty and jurisdiction of a State, including that over its airspace and territorial sea.Article 51. States Parties shall identify and make known to each other directly or through the International Atomic Energy Agency their point of contact in relation to matters within the scope of this Convention.2. In the case of theft, robbery or any other unlawful taking of nuclear material or credible threat thereof, States Parties shall, in accordance with their national law, provide cooperation and assistance to the maximum feasible extent in the recovery and protection of such material to any State that so requests. In particular:(a) a State Party shall take appropriate steps to inform as soon as possible other States which appear to it to be concerned, of any theft, robbery or other unlawful taking of nuclear material or credible threat thereof, and to inform, where appropriate, the International Atomic Energy Agency and other relevant international organisations;(b) in doing so, as appropriate, the States Parties concerned shall exchange information with each other, the International Atomic Energy Agency and other relevant international organisations with a view to protecting threatened nuclear material, verifying the integrity of the shipping container or recovering unlawfully taken nuclear material and shall:(i) coordinate their efforts through diplomatic and other agreed channels;(ii) render assistance, if requested;(iii) ensure the return of recovered nuclear material stolen or missing as a consequence of the above mentioned events.The means of implementation of this cooperation shall be determined by the States Parties concerned.3. In the case of a credible threat of sabotage of nuclear material or a nuclear facility or in the case of sabotage thereof, States Parties shall, to the maximum feasible extent, in accordance with their national law and consistent with their relevant obligations under international law, cooperate as follows:(a) if a State Party has knowledge of a credible threat of sabotage of nuclear material or a nuclear facility in another State the former shall decide on appropriate steps to be taken in order to inform that State as soon as possible and, where appropriate, the International Atomic Energy Agency and other relevant international organisations of that threat, with a view to preventing the sabotage;(b) in the case of sabotage of nuclear material or a nuclear facility in a State Party and if in its view other States are likely to be radiologically affected, the former, without prejudice to its other obligations under international law, shall take appropriate steps to inform as soon as possible the State or the States which are likely to be radiologically affected and to inform, where appropriate, the International Atomic Energy Agency and other relevant international organisations, with a view to minimising or mitigating the radiological consequences thereof;(c) if in the context of subparagraphs (a) and (b), a State Party requests assistance, each State Party to which a request for assistance is directed shall promptly decide and notify the requesting State Party, directly or through the International Atomic Energy Agency, whether it is in a position to render the assistance requested and the scope and terms of the assistance that may be rendered;(d) coordination of the cooperation under subparagraphs (a) to (c) shall be through diplomatic or other agreed channels. The means of implementation of this cooperation shall be determined bilaterally or multilaterally by the States Parties concerned.4. States Parties shall cooperate and consult, as appropriate, with each other directly or through the International Atomic Energy Agency and other relevant international organisations, with a view to obtaining guidance on the design, maintenance and improvement of systems of physical protection of nuclear material in international transport.5. A State Party may consult and cooperate as appropriate, with other States Parties directly or through the International Atomic Energy Agency and other relevant international organisations, with a view to obtaining their guidance on the design, maintenance and improvement of its national system of physical protection of nuclear material in domestic use, storage and transport and of nuclear facilities.Article 61. States Parties shall take appropriate measures consistent with their national law to protect the confidentiality of any information which they receive in confidence by virtue of the provisions of this Convention from another State Party or through participation in an activity carried out for the implementation of this Convention. If States Parties provide information to international organisations or to States that are not parties to this Convention in confidence, steps shall be taken to ensure that the confidentiality of such information is protected. A State Party that has received information in confidence from another State Party may provide this information to third parties only with the consent of that other State Party.2. State Parties shall not be required by this Convention to provide any information which they are not permitted to communicate pursuant to national law or which would jeopardise the security of the State concerned or the physical protection of nuclear material or nuclear facilities.Article 71. The intentional commission of:(a) an act without lawful authority which constitutes the receipt, possession, use, transfer, alteration, disposal or dispersal of nuclear material and which causes or is likely to cause death or serious injury to any person or substantial damage to property or to the environment;(b) a theft or robbery of nuclear material;(c) an embezzlement or fraudulent obtaining of nuclear material;(d) an act which constitutes the carrying, sending, or moving of nuclear material into or out of a State without lawful authority;(e) an act directed against a nuclear facility, or an act interfering with the operation of a nuclear facility, where the offender intentionally causes, or where he knows that the act is likely to cause, death or serious injury to any person or substantial damage to property or to the environment by exposure to radiation or release of radioactive substances, unless the act is undertaken in conformity with the national law of the State Party in the territory of which he nuclear facility is situated;(f) an act constituting a demand for nuclear material by threat or use of force or by any other form of intimidation;(g) a threat:(i) to use nuclear material to cause death or serious injury to any person or substantial damage to property or to the environment or to commit the offence described in subparagraph (e), or(ii) to commit an offence described in subparagraphs (b) and (e) in order to compel a natural or legal person, international organisation or State to do or to refrain from doing any act;(h) an attempt to commit any offence described in subparagraphs (a) to (e);(i) an act which constitutes participation in any offence described in subparagraphs (a) to (h);(j) an act of any person who organises or directs others to commit an offence described in subparagraphs (a) to (h); and(k) an act which contributes to the commission of any offence described in subparagraphs (a) to (h) by a group of persons acting with a common purpose; such act shall be intentional and shall either:(i) be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of an offence described in subparagraphs (a) to (g), or(ii) be made in the knowledge of the intention of the group to commit an offence described in subparagraphs (a) to (g) shall be made a punishable offence by each State Party under its national law.2. Each State Party shall make the offences described in this Article punishable by appropriate penalties which take into account their grave nature.Article 81. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in Article 7 in the following cases:(a) when the offence is committed in the territory of that State or on board a ship or aircraft registered in that State;(b) when the alleged offender is a national of that State.2. Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over these offences in cases where the alleged offender is presented in its territory and it does not extradite him pursuant to Article 11 to any of the States mentioned in paragraph 1.3. This Convention does not exclude any criminal jurisdiction exercised in accordance with national law.4. In addition to the States Parties mentioned in paragraphs 1 and 2, each State Party may, consistent with international law, establish its jurisdiction over the offences set forth in Article 7 when it is involved in international nuclear transport as the exporting or importing State.Article 9Upon being satisfied that the circumstances so warrant, the State Parties in whose territory the alleged offender is present shall take appropriate measures, including detention, under its national law to ensure his presence for the purpose of prosecution or extradition. Measures taken according to this Article shall be notified without delay to he States required to establish jurisdiction pursuant to Article 8 and, where appropriate, all other States concerned.Article 10The State Party in whose territory the alleged offender is present shall, if it does not extradite him, submit, without exception whatsoever and without undue delay, the case to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that State.Article 111. The offences in Article 7 shall be deemed to be included as extraditable offences in any extradition treaty existing between States Parties. States Parties undertake to include those offences in every future extradition treaty to be concluded between them.2. If a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, it may at its option consider this Convention as the legal basis for extradition in respect of those offences. Extradition shall be subject to the other conditions provided by the law of the requested State.3. States Parties which do not make extradition conditional on the existence of a treaty shall recognise those offences as extraditable offences between themselves subject to the conditions provided by the law of the requested State.4. Each of the offences shall be treated, for the purpose of extradition between States Parties, as if it had been committed not only in the place in which it occurred but also in the territories of the States Parties required to establish their jurisdiction in accordance with paragraph 1 of Article 8.Article 11ANone of the offences set forth in Article 7 shall be regarded for the purposes of extradition or mutual legal assistance, as a political offence or as an offence connected with a political offence or as an offence inspired by political motives. Accordingly, a request for extradition or for mutual legal assistance based on such an offence may not be refused on the sole ground that it concerns a political offence or an offence connected with a political offence or an offence inspired by political motives.Article 11BNothing in this Convention shall be interpreted as imposing an obligation to extradite or to afford mutual legal assistance, if the requested State Party has substantial grounds for believing that the request for extradition for offences set forth in Article 7 or for mutual legal assistance with respect to such offences has been made for the purpose of prosecuting or punishing a person on account of that person’s race, religion, nationality, ethnic origin or political opinion or that compliance with the request would cause prejudice to that person’s position for any of these reasons.Article 12Any person regarding whom proceedings are being carried out in connection with any of the offences set forth in Article 7 shall be guaranteed fair treatment at all stages of the proceedings.Article 131. States Parties shall afford one another the greatest measure of assistance in connection with criminal proceedings brought in respect of the offences set forth in Article 7, including the supply of evidence at their disposal necessary for the proceeding. The law of the State requested shall apply in all cases.2. The provisions of paragraph 1 shall not affect obligations under any other treaty, bilateral or multilateral, which governs or will govern, in whole or in part, mutual assistance in criminal matters.Article 13ANothing in this Convention shall affect the transfer of nuclear technology for peaceful purposes that is undertaken to strengthen the physical protection of nuclear material and nuclear facilities.Article 141. Each State Party shall inform the depositary of its laws and regulations which give effect to this Convention. The depositary shall communicate such information periodically to all States Parties.2. The State Party where an alleged offender is prosecuted shall, wherever practicable, first communicate the final outcome of the proceedings to the States directly concerned. The State Party shall also communicate the final outcome to the depositary who shall inform all States.3. Where an offence involves nuclear material in domestic use, storage or transport, and both the alleged offender and the nuclear material remain in the territory of the State Party in which the offence was committed, or where an offence involves a nuclear facility and the alleged offender remains in the territory of the State Party in which the offence was committed, nothing in this Convention shall be interpreted as requiring that State Party to provide information concerning criminal proceedings arising out of such an offence.Article 15The Annexes constitute an integral part of this Convention.Article 161. A conference of States Parties shall be convened by the depositary five years after the entry into force of the Amendment adopted on 8 July 2005 to review the implementation of this Convention and its adequacy as concerns the preamble, the whole of the operative part and the annexes in the light of the then prevailing situation.2. At intervals of not less than five years thereafter, the majority of States Parties may obtain, by submitting a proposal to this effect to the depositary, the convening of further conferences with the same objective.Article 171. In the event of a dispute between two or more States Parties concerning the interpretation or application of this Convention, such States Parties shall consult with a view to the settlement of the dispute by negotiation, or by any other peaceful means of settling disputes acceptable to all parties to the dispute.2. Any dispute of this character which cannot be settled in the manner prescribed in paragraph 1 shall, at the request of any party to such dispute, be submitted to arbitration or referred to the International Court of Justice for decision. Where a dispute is submitted to arbitration, if, within six months from the date of the request, the parties to the dispute are unable to agree on the organisation of the arbitration, a party may request the President of the International Court of Justice or the Secretary-General of the United Nations to appoint one or more arbitrators. In case of conflicting requests by the parties to the dispute, the request to the Secretary-General of the United Nations shall have priority.3. Each State Party may at the time of signature, ratification, acceptance or approval of this Convention or accession thereto declare that it does not consider itself bound by either or both of the dispute settlement procedures provided for in paragraph 2. The other States Parties shall not be bound by a dispute settlement procedure provided for in paragraph 2, with respect to a State Party which has made a reservation to that procedure.4. Any State Party which has made a reservation in accordance with paragraph 3 may at any time withdraw that reservation by notification to the depositary.Article 181. This Convention shall be open for signature by all States at the Headquarters of the International Atomic Energy Agency in Vienna and at the Headquarters of the United Nations in New York from 3 March 1980 until its entry into force.2. This Convention is subject to ratification, acceptance or approval by the signatory States.3. After its entry into force, this Convention will be open for accession by all States.4. (a) This Convention shall be open for signature or accession by international organisations and regional organisations of an integration or other nature, provided that any such organisation is constituted by sovereign States and has competence in respect of the negotiation, conclusion and application of international agreements in matters covered by this Convention.(b) In matters within their competence, such organisation shall, on their own behalf, exercise the rights and fulfil the responsibilities which this Convention attributes to States Parties,(c) When becoming party to this Convention such an organisation shall communicate to the depositary a declaration indicating which States are members thereof and which Articles of this Convention do not apply to it.(d) Such an organisation shall not hold any vote additional to those of its Member States.5. Instruments of ratification, acceptance, approval or accession shall be deposited with the depositary.Article 191. This Convention shall enter into force on the 30th day following the date of deposit of the 21st instrument of ratification, acceptance or approval with the depositary.2. For each State ratifying, accepting, approving or acceding to the Convention after the date of deposit of the 21st instrument of ratification, acceptance or approval, the Convention shall enter into force on the 30th day after the deposit by such State of its instrument of ratification, acceptance, approval or accession.Article 201. Without prejudice to Article 16 a State Party may propose amendments to this Convention. The proposed amendment shall be submitted to the depositary who shall circulate it immediately to all States Parties. If a majority of States Parties request the depository to convene a conference to consider the proposed amendments, the depository shall invite all States Parties to attend such a conference to begin not sooner than 30 days after the invitations are issued. Any amendment adopted the conference by a two-thirds majority of all States Parties shall be promptly circulated by the depository to all States Parties.2. The amendment shall enter into force for each State Party that deposits its instrument of ratification, acceptance or approval of the amendment on the 30th day after the date on which two thirds of the States Parties have deposited their instruments of ratification, acceptance or approval with the depositary. Thereafter, the amendment shall enter into force for any other State Party on the day on which that State Party deposits its instrument of ratification, acceptance or approval of the amendment.Article 211. Any State Party may denounce this Convention by written notification to the depositary.2. Denunciation shall take effect 180 days following the date on which notification is received by the depositary.Article 22The depositary shall promptly notify all States of:(a) each signature of this Convention;(b) each deposit of an instrument of ratification, acceptance, approval or accession;(c) any reservation or withdrawal in accordance with Article 17;(d) any communication made by an organisation in accordance with paragraph 4(c) of Article 18;(e) the entry into force of this Convention;(f) the entry into force of any amendment to this Convention; and(g) any denunciation made under Article 21.Article 23The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Director General of the International Atomic Energy Agency who shall send certified copies thereof to all States.ANNEX ILevels of physical protection to be applied in international transport of nuclear material as categorised in Annex II1. Levels of physical protection for nuclear material during storage incidental to international nuclear transport include:(a) For Category III materials, storage within an area to which access is controlled;(b) For Category II materials, storage within an area under constant surveillance by guards or electronic devices, surrounded by a physical barrier with a limited number of points of entry under appropriate control or any area with an equivalent level of physical protection;(c) For Category I material, storage within a protected area as defined for Category II above, to which, in addition, access is restricted to persons whose trustworthiness has been determined, and which is under surveillance by guards who are in close communication with appropriate response forces. Specific measures taken in this context should have as their object the detection and prevention of any assault, unauthorised access or unauthorised removal of material.2. Levels of physical protection for nuclear material during international transport include:(a) For Category II and III materials, transportation shall take place under special precautions including prior arrangements among sender, receiver, and carrier, and prior agreement between natural or legal persons subject to the jurisdiction and regulation of exporting and importing States, specifying time, place and procedures for transferring transport responsibility;(b) For Category I materials, transportation shall take place under special precautions identified above for transportation of Category II and III materials, and in addition, under constant surveillance by escorts and under conditions which assure close communication with appropriate response forces;(c) For natural uranium other than in the form of ore or ore-residue; transportation protection for quantities exceeding 500 kilograms uranium shall include advance notification of shipment specifying mode of transport, expected time of arrival and confirmation of receipt of shipment.ANNEX IITable: Categorisation of nuclear materialMaterial | Form | Category |I | II | III [3] |1.Plutonium [1] | Unirradiated [2] | 2 kg or more | Less than 2 kg but more than 500 g | 500 g or less but more than 15 g |2.Uranium-235 | Unirradiated [2] | | | |—Uranium enriched to 20 % 235U or more | 5 kg or more | Less than 5 kg but more than 1 kg | 1 kg or less but more than 15 g |—Uranium enriched to 10 % 235U but less than 20 % | | 10 kg or more | Less than 10 kg but more than 1 kg |—Uranium enriched above natural, but less than 10 % 235U | | | 10 kg or more |3.Uranium-233 | Unirradiated [2] | 2 kg or more | Less than 2 kg but more than 500 g | 500 g or less but more than 15 g |4.Irradiated fuel | | | Depleted or natural uranium, thorium or low-enriched fuel (less than 10 % fissile content) [4] [5] | |[1] All plutonium except that with isotopic concentration exceeding 80 % in plutonium-238.[2] Material not irradiated in a reactor or material irradiated in a reactor but with a radiation level equal to or less than 1 gray/hour (100 rads/hour) at one metre unshielded.[3] Quantities not falling in Category III and natural uranium should be protected in accordance with prudent management practice.[4] Although this level of protection is recommended, it would be open to States, upon evaluation of the specific circumstances, to assign a different category of physical protection.[5] Other fuel which by virtue of its original fissile material content is classified as Category I and II before irradiation may be reduced one category level while the radiation level from the fuel exceeds 1 gray/hour (100 rads/hour) at one metre unshielded.--------------------------------------------------ANNEX 2Declaration by the European Atomic Energy Community according to Articles 18(4) and 17(3) of the ConventionThe following States are presently members of the European Atomic Energy Community: the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, 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, Romania, 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 8 to 13 and Article 14(2) and (3) of the Convention on the Physical Protection of Nuclear Material and Nuclear Facilities do not apply to it.Furthermore, pursuant to Article 17(3) of the Convention, the Community also declares that since only States may be parties in cases before the International Court of Justice, the Community is only bound by the arbitration procedure referred to in 17(2).--------------------------------------------------ANNEX 3FULL POWERSI, the undersigned, …, Member of the Commission of the European Communities responsible for External Relations and European Neighbourhood Policy, do hereby confirm the appointment of:Mr/Ms …Head of the Delegation of the European Commissionto the International Organisations in Viennato deposit with the Director general of the International Atomic Energy Agency, on behalf of the European Atomic Energy Community, the instrument of accession to the Convention on the Physical Protection of Nuclear Material and Nuclear Facilities.Brussels,--------------------------------------------------

Summary: Physical protection of nuclear material and nuclear facilities Physical protection of nuclear material and nuclear facilities SUMMARY OF: Convention on the Physical Protection of Nuclear Material and Nuclear Facilities Decision 2008/99/EC, Euratom concerning the accession of the European Atomic Energy Community to the Convention on the Physical Protection of Nuclear Material and Nuclear Facilities Decision 2007/513/Euratom approving the accession of the European Atomic Energy Community to the amended Convention on the Physical Protection of Nuclear Material and Nuclear Facilities WHAT IS THE AIM OF THE CONVENTION AND THE DECISIONS? The convention seeks to: secure nuclear material and facilities;criminalise certain offences in this field;establish cooperation between the signatory states. Decision 2007/513/Euratom approves the accession of the European Atomic Energy Community (Euratom) to the Convention on the Physical Protection of Nuclear Material and Nuclear Facilities. Decision 2008/99/EC, Euratom confirms the accession. KEY POINTS The amended Convention on the Physical Protection of Nuclear Material and Nuclear Facilities aims at ensuring effective physical protection during the use, storage or transport of nuclear material used for peaceful purposes, as well as preventing and fighting crime associated with this material and these facilities. It is based on the Convention on the Physical Protection of Nuclear Material (CPPNM), to which all EU countries are party. Each party to the convention must draw up and implement measures to guarantee this effective protection to prevent, in particular, the theft or disappearance of nuclear material for which it is responsible, as well as sabotage of nuclear facilities on its territory. In a similar context, the Euratom Treaty (see summary) provides for a safeguards system which seeks to prevent nuclear materials from being diverted from their intended uses. In implementing the convention, parties to it must respect a certain number of basic principles, in particular the principles of responsibility of the state and licence holders, of a culture of security, quality assurance and confidentiality. Parties must: ensure that the nuclear material they import, export or accept in transit on their territory is protected in accordance with the applicable safety level; designate a competent authority responsible for applying the convention, as well as a point of contact, and give this information to the other signatory countries directly or through the depositary (the International Atomic Energy Agency); cooperate in the event of theft, sabotage or risk of theft or sabotage — this cooperation in particular takes the form of sharing information while respecting the confidentiality of this information vis-à-vis third parties; apply appropriate penalties to certain infringements, in line with their severity. In particular, the following are punishable: acting without authorisation in a way that causes or is likely to cause death or serious injurystealing of nuclear materialsabotaging of a nuclear installationthreatening to use nuclear material to cause death or serious injury of a third party or cause significant damage to property. Any attempt to commit one of these acts and any involvement in such acts and organisation thereof is also punishable. All parties have jurisdiction for infringements committed on their territory or on board a vessel or aircraft registered in the said state and when the person presumed to have committed the infringement is a native of the said state. These infringements are grounds for extradition between the contracting parties, who must also provide each other with the most extensive judicial assistance in the event of these infringements. Political motives for the infringement are not a reason for refusing extradition or mutual judicial assistance. DATE OF ENTRY INTO FORCE The original convention entered into force on 8 February 1987. With the adoption of Decision 2007/513, the EU approved the accession of Euratom to the amended Convention as of 10 July 2007. The amendment to the CPPNM entered into force on 8 May 2016. BACKGROUND The CPPNM was adopted in 1979 and entered into force in 1987. It was amended in 2005 at a conference held with a view to strengthening its provisions. For more information, see: Nuclear security conventions (International Atomic Energy Agency). MAIN DOCUMENTS Convention on the Physical Protection of Nuclear Material and Nuclear Facilities (OJ L 34, 8.2.2008, pp. 5-18) Commission Decision 2008/99/EC, Euratom of 19 December 2007 concerning the accession of the European Atomic Energy Community to the Convention on the Physical Protection of Nuclear Material and Nuclear Facilities (OJ L 34, 8.2.2008, pp. 3-4) Council Decision 2007/513/Euratom of 10 July 2007 approving the accession of the European Atomic Energy Community to the amended Convention on the Physical Protection of Nuclear Material and Nuclear Facilities (OJ L 190, 21.7.2007, pp. 12-14) last update 11.12.2020


EUR-Lex - 21981A0905(01) - EN Avis juridique important | 21981A0905(01) Convention on the conservation of Antarctic marine living resources Official Journal L 252 , 05/09/1981 P. 0027 - 0035 Finnish special edition: Chapter 11 Volume 10 P. 0028 Swedish special edition: Chapter 11 Volume 10 P. 0028 Spanish special edition: Chapter 04 Volume 1 P. 0176 Portuguese special edition Chapter 04 Volume 1 P. 0176 CONVENTION ON THE CONSERVATION OF ANTARCTIC MARINE LIVING RESOURCES THE CONTRACTING PARTIES, RECOGNIZING the importance of safeguarding the environment and protecting the integrity of the ecosystem of the seas surrounding Antarctica; NOTING the concentration of marine living resources found in Antarctic waters and the increased interest in the possibilities offered by the utilization of these resources as a source of protein; CONSCIOUS of the urgency of ensuring the conservation of Antarctic marine living resources; CONSIDERING that it is essential to increase knowledge of the Antarctic marine ecosystem and its components so as to be able to base decisions on harvesting on sound scientific information; BELIEVING that the conservation of Antarctic marine living resources calls for international cooperation with due regard for the provisions of the Antarctic Treaty and with the active involvement of all States engaged in research or harvesting activities in Antarctic waters; RECOGNIZING the prime responsibilities of the Antarctic Treaty Consultative Parties for the protection and preservation of the Antarctic environment and, in particular, their responsibilities under Article IX, paragraph 1 (f) of the Antarctic Treaty in respect of the preservation and conservation of living resources in Antarctica; RECALLING the action already taken by the Antarctic Treaty Consultative Parties including, in particular, the agreed measures for the conservation of Antarctic fauna and flora, as well as the provisions of the Convention for the conservation of Antarctic seals; BEARING in mind the concern regarding the conservation of Antarctic marine living resources expressed by the consultative parties at the ninth consultative meeting of the Antarctic Treaty and the importance of the provisions of recommendation IX-2 which led to the establishment of the present Convention; BELIEVING that it is in the interest of all mankind to preserve the waters surrounding the Antarctic continent for peaceful purposes only and to prevent their becoming the scene or object of international discord; RECOGNIZING, in the light of the foregoing, that it is desirable to establish suitable machinery for recommending, promoting, deciding upon and coordinating the measures and scientific studies needed to ensure the conservation of Antarctic marine living organisms, HAVE AGREED AS FOLLOWS: Article I 1. This Convention applies to the Antarctic marine living resources of the area south of 60º South latitude and to the Antarctic marine living resources of the area between that latitude and the Antarctic Convergence which form part of the Antarctic marine ecosystem. 2. Antarctic marine living resources means the populations of fin fish, molluscs, crustaceans and all other species of living organisms, including birds, found south of the Antarctic. 3. The Antarctic marine ecosystem means the complex of relationships of Antarctic marine living resources with each other and with their physical environment. 4. The Antarctic Convergence shall be deemed to be a line joining the following points along parallels of latitude and meridians of longitude: 50ºS, 0º ; 50ºS, 30ºE ; 45ºS, 30ºE ; 45ºS, 80ºE ; 55ºS, 80ºE ; 55ºS, 150ºE ; 60ºS, 150ºE ; 60ºS, 50ºW ; 50ºS, 50ºW ; 50ºS, 0º. Article II 1. The objective of this Convention is the conservation of Antarctic marine living resources. 2. For the purposes of this Convention, the term "conservation" includes rational use. 3. Any harvesting and associated activities in the area to which this Convention applies shall be conducted in accordance with the provisions of this Convention and with the following principles of conservation: (a) prevention of decrease in the size of any harvested population to levels below those which ensure its stable recruitment. For this purpose its size should not be allowed to fall below a level close to that which ensures the greatest net annual increment; (b) maintenance of the ecological relationships between harvested, dependent and related populations of Antarctic marine living resources and the restoration of depleted populations to the levels defined in subparagraph (a) above ; and (c) prevention of changes or minimization of the risk of changes in the marine ecosystem which are not potentially reversible over two or three decades, taking into account the state of available knowledge of the direct and indirect impact of harvesting, the effect of the introduction of alien species, the effects of associated activities on the marine ecosystem and of the effects of environmental changes, with the aim of making possible the sustained conservation of Antarctic marine living resources. Article III The Contracting Parties, whether or not they are Parties to the Antarctic Treaty, agree that they will not engage in any activities in the Antarctic Treaty area contrary to the principles and purposes of that Treaty and that, in their relations with each other, they are bound by the obligations contained in Articles I and V of the Antarctic Treaty. Article IV 1. With respect to the Antarctic Treaty area, all Contracting Parties, whether or not they are Parties to the Antarctic Treaty, are bound by Articles IV and VI of the Antarctic Treaty in their relations with each other. 2. Nothing in this Convention and no acts or activities taking place while the present Convention is in force shall: (a) constitute a basis for asserting, supporting or denying a claim to territorial sovereignty in the Antarctic Treaty area or create any rights of sovereignty in the Antarctic Treaty area; (b) be interpreted as a renunciation or diminution by any Contracting Party of, or as prejudicing, any right or claim or basis of claim to exercise coastal State jurisdiction under international law within the area to which this Convention applies; (c) be interpreted as prejudicing the position of any Contracting Party as regards its recognition or non-recognition of any such right, claim or basis of claim; (d) affect the provision of Article IV, paragraph 2, of the Antarctic Treaty that no new claim, or enlargement of an existing claim, to territorial sovereignty in Antarctica shall be asserted while the Antarctic Treaty is in force. Article V 1. The Contracting Parties which are not Parties to the Antarctic Treaty acknowledge the special obligations and responsibilities of the Antarctic Treaty Consultative Parties for the protection and preservation of the environment of the Antarctic Treaty area. 2. The Contracting Parties which are not Parties to the Antarctic Treaty agree that, in their activities in the Antarctic Treaty area, they will observe as and when appropriate the agreed measures for the conservation of Antarctic fauna and flora and such other measures as have been recommended by the Antarctic Treaty Consultative Parties in fulfilment of their responsibility for the protection of the Antarctic environment from all forms of harmful human interference. 3. For the purposes of this Convention, "Antarctic Treaty Consultative Parties" means the Contracting Parties to the Antarctic Treaty whose representatives participate in meetings under Article IX of the Antarctic Treaty. Article VI Nothing in this Convention shall derogate from the rights and obligations of Contracting Parties under the International Convention for the regulation of whaling and the Convention for the conservation of Antarctic seals. Article VII 1. The Contracting Parties hereby establish and agree to maintain the Commission for the conservation of Antarctic marine living resources (hereinafter referred to as "the Commission"). 2. Membership in the Commission shall be as follows: (a) each Contracting Party which participated in the meeting at which this Convention was adopted shall be a member of the Commission; (b) each State Party which has acceded to this Convention pursuant to Article XXIX shall be entitled to be a member of the Commission during such time as that acceding Party is engaged in research or harvesting activities in relation to the marine living resources to which this Convention applies; (c) each regional economic integration organization which has acceded to this Convention pursuant to Article XXIX shall be entitled to be a member of the Commission during such time as its States members are so entitled; (d) a Contracting Party seeking to participate in the work of the Commission pursuant to subparagraphs (b) and (c) above shall notify the Depositary of the basis upon which it seeks to become a member of the Commission and of its willingness to accept conservation measures in force. The Depositary shall communicate to each member of the Commission such notification and accompanying information. Within two months of receipt of such communication from the Depositary, any member of the Commission may request that a special meeting of the Commission be held to consider the matter. Upon receipt of such request, the Depositary shall call such a meeting. If there is no request for a meeting, the Contracting Party submitting the notification shall be deemed to have satisfied the requirements for Commission membership. 3. Each member of the Commission shall be represented by one representative who may be accompanied by alternate representatives and advisers. Article VIII The Commission shall have legal personality and shall enjoy in the territory of each of the States Parties such legal capacity as may be necessary to perform its function and achieve the purposes of this Convention. The privileges and immunities to be enjoyed by the Commission and its staff in the territory of a State Party shall be determined by agreement between the Commission and the State Party concerned. Article IX 1. The function of the Commission shall be to give effect to the objective and principles set out in Article II of this Convention. To this end, it shall: (a) facilitate research into and comprehensive studies of Antarctic marine living resources and of the Antarctic marine ecosystem; (b) compile data on the status of and changes in population of Antarctic marine living resources and on factors affecting the distribution, abundance and productivity of harvested species and dependent or related species or populations; (c) ensure the acquisition of catch and effort statistics on harvested populations; (d) analyze, disseminate and publish the information referred to in subparagraphs (b) and (c) above and the reports of the Scientific Committee; (e) identify conservation needs and analyze the effectiveness of conservation measures; (f) formulate, adopt and revise conservation measures on the basis of the best scientific evidence available, subject to the provisions of paragraph 5 of this Article; (g) implement the system of observation and inspection established under Article XXIV of this Convention; (h) carry out such other activities as are necessary to fulfil the objective of this Convention. 2. The conservation measures referred to in paragraph 1 (f) above include the following: (a) the designation of the quantity of any species which may be harvested in the area to which this Convention applies; (b) the designation of regions and sub-regions based on the distribution of populations of Antarctic marine living resources; (c) the designation of the quantity which may be harvested from the populations of regions and sub-regions; (d) the designation of protected species; (e) the designation of the size, age and, as appropriate, sex of species which may be harvested; (f) the designation of open and closed seasons for harvesting; (g) the designation of the opening and closing of areas, regions or sub-regions for purposes of scientific study or conservation, including special areas for protection and scientific study; (h) regulation of the effort employed and methods of harvesting, including fishing gear, with a view inter alia to avoiding undue concentration of harvesting in any region or sub-region; (i) the taking of such other conservation measures as the Commission considers necessary for the fulfilment of the objective of this Convention, including measures concerning the effects of harvesting and associated activities on components of the marine ecosystem other than the harvested populations. 3. The Commission shall publish and maintain a record of all conservation measures in force. 4. In exercising its functions under paragraph 1 above, the Commission shall take full account of the recommendations and advice of the Scientific Committee. 5. The Commission shall take full account of any relevant measures or regulations established or recommended by the consultative meetings pursuant to Article IX of the Antarctic Treaty or by existing fisheries commissions responsible for species which may enter the area to which this Convention applies, in order that there shall be no inconsistency between the rights and obligations of a Contracting Party under such regulations or measures and conservation measures which may be adopted by the Commission. 6. Conservation measures adopted by the Commission in accordance with this Convention shall be implemented by members of the Commission in the following manner: (a) the Commission shall notify conservation measures to all members of the Commission; (b) conservation measures shall become binding upon all members of the Commission 180 days after such notification, except as provided in subparagraphs (c) and (d) below; (c) if a member of the Commission, within 90 days following the notification specified in subparagraph (a), notifies the Commission that it is unable to accept the conservation measure, in whole or in part, the measure shall not, to the extent stated, be binding upon that member of the Commission; (d) in the event that any member of the Commission invokes the procedure set forth in subparagraph (c) above, the Commission shall meet at the request of any member of the Commission to review the conservation measure. At the time of such meeting and within 30 days following the meeting, any member of the Commission shall have the right to declare that it is no longer able to accept the conservation measure, in which case the member shall no longer be bound by such measure. Article X 1. The Commission shall draw the attention of any State which is not a Party to this Convention to any activity undertaken by its nationals or vessels which, in the opinion of the Commission, affects the implementation of the objective of this Convention. 2. The Commission shall draw the attention of all Contracting Parties to any activity which, in the opinion of the Commission, affects the implementation by a Contracting Party of the objective of this Convention or the compliance by that Contracting Party with its obligations under this Convention. Article XI The Commission shall seek to cooperate with Contracting Parties which may exercise jurisdiction in marine areas adjacent to the area to which this Convention applies in respect of the conservation of any stock or stocks of associated species which occur both within those areas and the area to which this Convention applies, with a view to harmonizing the conservation measures adopted in respect of such stocks. Article XII 1. Decisions of the Commission on matters of substance shall be taken by consensus. The question of whether a matter is one of substance shall be treated as a matter of substance. 2. Decisions on matters other than those referred to in paragraph 1 above shall be taken by a simple majority of the members of the Commission present and voting. 3. In Commission consideration of any item requiring a decision, it shall be made clear whether a regional economic integration organization will participate in the taking of the decision and, if so, whether any of its member States will also participate. The number of Contracting Parties so participating shall not exceed the number of member States of the regional economic integration organization which are members of the Commission. 4. In the taking of decisions pursuant to this Article, a regional economic integration organization shall have only one vote. Article XIII 1. The headquarters of the Commission shall be established at Hobart, Tasmania, Australia. 2. The Commission shall hold a regular annual meeting. Other meetings shall also be held at the request of one-third of its members and as otherwise provided in this Convention. The first meeting of the Commission shall be held within three months of the entry into force of this Convention, provided that among the Contracting Parties there are at least two States conducting harvesting activities within the area to which this Convention applies. The first meeting shall, in any event, be held within one year of the entry into force of this Convention. The Depositary shall consult with the signatory States regarding the first Commission meeting, taking into account that a broad representation of such States is necessary for the effective operation of the Commission. 3. The Depositary shall convene the first meeting of the Commission at the headquarters of the Commission. Thereafter, meetings of the Commission shall be held at its headquarters, unless it decides otherwise. 4. The Commission shall elect from among its members a chairman and vice-chairman, each of whom shall serve for a term of two years and shall be eligible for re-election for one additional term. The first chairman shall, however, be elected for an initial term of three years. The chairman and vice-chairman shall not be representatives of the same Contracting Party. 5. The Commission shall adopt and amend as necessary the rules of procedure for the conduct of its meetings, except with respect to the matters dealt with in Article XII of this Convention. 6. The Commission may establish such subsidiary bodies as are necessary for the performance of its functions. Article XIV 1. The Contracting Parties hereby establish the Scientific Committee for the Conservation of Antarctic Marine Living Resources (hereinafter referred to as "the Scientific Committee") which shall be a consultative body to the Commission. The Scientific Committee shall normally meet at the headquarters of the Commission unless the Scientific Committee decides otherwise. 2. Each member of the Commission shall be a member of the Scientific Committee and shall appoint a representative with suitable scientific qualifications who may be accompanied by other experts and advisers. 3. The Scientific Committee may seek the advice of other scientists and experts as may be required on an ad hoc basis. Article XV 1. The Scientific Committee shall provide a forum for consultation and cooperation concerning the collection, study and exchange of information with respect to the marine living resources to which this Convention applies. It shall encourage and promote cooperation in the field of scientific research in order to extend knowledge of the marine living resources of the Antarctic marine ecosystem. 2. The Scientific Committee shall conduct such activities as the Commission may direct in pursuance of the objective of this Convention and shall: (a) establish criteria and methods to be used for determinations concerning the conservation measures referred to in Article IX of this Convention; (b) regularly assess the status and trends of the populations of Antarctic marine living resources; (c) analyze data concerning the direct and indirect effects of harvesting on the populations of Antarctic marine living resources; (d) assess the effects of proposed changes in the methods or levels of harvesting and proposed conservation measures; (e) transmit assessments, analyses, reports and recommendations to the Commission as requested or on its own initiative regarding measures and research to implement the objective of this Convention; (f) formulate proposals for the conduct of international and national programs of research into Antarctic marine living resources. 3. In carrying out its functions, the Scientific Committee shall have regard to the work of other relevant technical and scientific organizations and to the scientific activities conducted within the framework of the Antarctic Treaty. Article XVI 1. The first meeting of the Scientific Committee shall be held within three months of the first meeting of the Commission. The Scientific Committee shall meet thereafter as often as may be necessary to fulfil its functions. 2. The Scientific Committee shall adopt and amend as necessary its rules of procedure. The rules and any amendments thereto shall be approved by the Commission. The rules shall include procedures for the presentation of minority reports. 3. The Scientific Committee may establish with the approval of the Commission, such subsidiary bodies as are necessary for the performance of its functions. Article XVII 1. The Commission shall appoint an executive secretary to serve the Commission and Scientific Committee according to such procedures and on such terms and conditions as the Commission may determine. His term of office shall be for four years and he shall be eligible for reappontment. 2. The Commission shall authorize such staff establishment for the secretariat as may be necessary and the executive secretary shall appoint, direct and supervize such staff according to such rules and procedures and on such terms and conditions as the Commission may determine. 3. The executive secretary and secretariat shall perform the functions entrusted to them by the Commission. Article XVIII The official languages of the Commission and of the Scientific Committee shall be English, French, Russian and Spanish. Article XIX 1. At each annual meeting, the Commission shall adopt by consensus its budget and the budget of the Scientific Committee. 2. A draft budget for the Commission and the Scientific Committee and any subsidiary bodies shall be prepared by the executive secretary and submitted to the members of the Commission at least 60 days before the annual meeting of the Commission. 3. Each member of the Commission shall contribute to the budget. Until the expiration of five years after the entry into force of this Convention, the contribution of each member of the Commission shall be equal. Thereafter the contribution shall be determined in accordance with two criteria : the amount harvested and an equal sharing among all members of the Commission. The Commission shall determine by consensus the proportion in which these two criteria shall apply. 4. The financial activities of the Commission and Scientific Committee shall be conducted in accordance with financial regulations adopted by the Commission and shall be subject to an annual audit by external auditors selected by the Commission. 5. Each member of the Commission shall meet its own expenses arising from attendance at meetings of the Commission and of the Scientific Committee. 6. A member of the Commission that fails to pay its contributions for two consecutive years shall not, during the period of its default, have the right to participate in the taking of decisions in the Commission. Article XX 1. The members of the Commission shall, to the greatest extent possible, provide annually to the Commission and to the Scientific Committee such statistical, biological and other data and information as the Commission and Scientific Committee may require in the exercise of their functions. 2. The members of the Commission shall provide, in the manner and at such intervals as may be prescribed, information about their harvesting activities, including fishing areas and vessels, so as to enable reliable catch and effort statistics to be compiled. 3. The members of the Commission shall provide to the Commission at such intervals as may be prescribed information on steps taken to implement the conservation measures adopted by the Commission. 4. The members of the Commission agree that in any of their harvesting activities, advantage shall be taken of opportunities to collect data needed to assess the impact of harvesting. Article XXI 1. Each Contracting Party shall take appropriate measures within its competence to ensure compliance with the provisions of this Convention and with conservation measures adopted by the Commission to which the Party is bound in accordance with Article IX of this Convention. 2. Each Contracting Party shall transmit to the Commission information on measures taken pursuant to paragraph 1 above, including the imposition of sanctions for any violation. Article XXII 1. Each Contracting Party undertakes to exert appropriate efforts, consistent with the Charter of the United Nations, to the end that no one engages in any activity contrary to the objective of this Convention. 2. Each Contracting Party shall notify the Commission of any such activity which comes to its attention. Article XXIII 1. The Commission and the Scientific Committee shall cooperate with the Antarctic Treaty Consultative Parties on matters falling within the competence of the latter. 2. The Commission and the Scientific Committee shall cooperate, as appropriate, with the Food and Agriculture Organization of the United Nations and with other specialized agencies. 3. The Commission and the Scientific Committee shall seek to develop cooperative working relationships, as appropriate, with inter-governmental and non-governmental organizations which could contribute to their work, including the Scientific Committee on Antarctic Research, the Scientific Committee on Oceanic Research and the International Whaling Commission. 4. The Commission may enter into agreements with the organizations referred to in this Article and with other organizations as may be appropriate. The Commission and the Scientific Committee may invite such organizations to send observers to their meetings and to meetings of their subsidiary bodies. Article XXIV 1. In order to promote the objective and ensure observance of the provisions of this Convention, the Contracting Parties agree that a system of observation and inspection shall be established. 2. The system of observation and inspection shall be elaborated by the Commission on the basis of the following principles: (a) Contracting Parties shall cooperate with each other to ensure the effective implementation of the system of observation and inspection, taking account of the existing international practice. This system shall include inter alia procedures for boarding and inspection by observers and inspectors designated by the members of the Commission and procedures for flag-State prosecution and sanctions on the basis of evidence resulting from such boarding and inspections. A report of such prosecutions and sanctions imposed shall be included in the information referred to in Article XXI of this Convention; (b) in order to verify compliance with measures adopted under this Convention, observation and inspection shall be carried out on board vessels engaged in scientific research or harvesting of marine living resources in the area to which this Convention applies, through observers and inspectors designated by the members of the Commission and operating under terms and conditions to be established by the Commission; (c) designated observers and inspectors shall remain subject to the jurisdiction of the Contracting Party of which they are nationals. They shall report to the member of the Commission by which they have been designated which in turn shall report to the Commission. 3. Pending the establishment of the system of observation and inspection, the members of the Commission shall seek to establish interim arrangements to designate observers and inspectors and such designated observers and inspectors shall be entitled to carry out inspections in accordance with the principles set out in paragraph 2 above. Article XXV 1. If any dispute arises between two or more of the Contracting Parties concerning the interpretation or application of this Convention, those Contracting Parties shall consult among themselves with a view to having the dispute resolved by negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement or other peaceful means of their own choice. 2. Any dispute of this character not so resolved shall, with the consent in each case of all Parties to the dispute, be referred for settlement to the International Court of Justice or to arbitration ; but failure to reach agreement on reference to the International Court or to arbitration shall not absolve Parties to the dispute from the responsibility of continuing to seek to resolve it by any of the various peaceful means referred to in paragraph 1 above. 3. In cases where the dispute is referred to arbitration the arbitral tribunal shall be constituted as provided in the Annex to this Convention. Article XXVI 1. This Convention shall be open for signature at Canberra from 1 August to 31 December 1980 by the States participating in the Conference on the conservation of Antarctic marine living resources held at Canberra from 7 to 20 May 1980. 2. The States which so sign will be the original signatory States of the Convention. Article XXVII 1. This Convention is subject to ratification, acceptance or approval by signatory States. 2. Instruments of ratification, acceptance or approval shall be deposited with the Government of Australia, hereby designated as the Depositary. Article XXVIII 1. This Convention shall enter into force on the 30th day following the date of deposit of the eighth instrument of ratification, acceptance or approval by States referred to in paragraph 1 of Article XXVI of this Convention. 2. With respect to each State or regional economic integration organization which subsequent to the date of entry into force of this Convention deposits an instrument of ratification, acceptance, approval or accession, the Convention shall enter into force on the 30th day following such deposit. Article XXIX 1. This Convention shall be open for accession by any State interested in research or harvesting activities in relation to the marine living resources to which this Convention applies. 2. This Convention shall be open for accession by regional economic integration organizations constituted by sovereign States which include among their members one or more States members of the Commission and to which the States members of the organization have transferred in whole or in part, competences with regard to the matters covered by this Convention. The accession of such regional economic integration organizations shall be the subject of consultations among members of the Commission. Article XXX 1. This Convention may be amended at any time. 2. If one-third of the members of the Commission request a meeting to discuss a proposed amendement, the Depositary shall call such a meeting. 3. An amendment shall enter into force when the Depositary has received instruments of ratification, acceptance or approval thereof from all the members of the Commission. 4. Such amendment shall thereafter enter into force as to any other Contracting Party when notice of ratification, acceptance or approval by it has been received by the Depositary. Any such Contracting Party from which no such notice has been received within a period of one year from the date of entry into force of the amendment in accordance with paragraph 3 above shall be deemed to have withdrawn from this Convention. Article XXXI 1. Any Contracting Party may withdraw from this Convention on 30 June of any year, by giving written notice not later than 1 January of the same year to the Depositary, which, upon receipt of such a notice, shall communicate it forthwith to the other Contracting Parties. 2. Any other Contracting Party may, within 60 days of the receipt of a copy of such a notice from the Depositary, give written notice of withdrawal to the Depositary in which case the Convention shall cease to be in force on 30 June of the same year with respect to the Contracting Party giving such notice. 3. Withdrawal from this Convention by any Member of the Commission shall not affect its financial obligations under this Convention. Article XXXII The Depositary shall notify all Contracting Parties of the following: (a) signatures of this Convention and the deposit of instruments of ratification, acceptance, approval or accession; (b) the date of entry into force of this Convention and of any amendment thereto. Article XXXIII 1. This Convention, of which the English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Government of Australia which shall transmit duly certified copies thereof to all signatory and acceding Parties. 2. This Convention shall be registered by the Depositary pursuant to Article 102 of the Charter of the United Nations. In witness whereof the undersigned, being duly authorized, have signed this Convention. Drawn up at Canberra this 20th day of May 1980. ANNEX ARBITRAL TRIBUNAL The arbitral tribunal referred to in paragraph 3 of Article XXV shall be composed of three arbitrators who shall be appointed as follows: The Party commencing proceedings shall communicate the name of an arbitrator to the other Party which, in turn, within a period of 40 days following such notification, shall communicate the name of the second arbitrator. The Parties shall, within a period of 60 days following the appointment of the second arbitrator, appoint the third arbitrator, who shall not be a national of either Party and shall not be of the same nationality as either of the first two arbitrators. The third arbitrator shall preside over the tribunal. If the second arbitrator has not been appointed within the prescribed period, or if the Parties have not reached agreement within the prescribed period on the appointment of the third arbitrator, that arbitrator shall be appointed, at the request of either Party, by the Secretary-General of the Permanent Court of Arbitration, from among persons of international standing not having the nationality of a State which is a Party to this Convention. The arbitral tribunal shall decide where its headquarters will be located and shall adopt its own rules of procedure. The award of the arbitral tribunal shall be made by a majority of its members, who may not abstain from voting. Any Contracting Party which is not a Party to the dispute may intervene in the proceedings with the consent of the arbitral tribunal. The award of the arbitral tribunal shall be final and binding on all Parties to the dispute and on any Party which intervenes in the proceedings and shall be complied with without delay. The arbitral tribunal shall interpret the award at the request of one of the Parties to the dispute or of any intervening Party. Unless the arbitral tribunal determines otherwise because of the particular circumstances of the case, the expenses of the tribunal, including the remuneration of its members, shall be borne by the Parties to the dispute in equal shares.

Summary: Conservation of Antarctic marine living resources Conservation of Antarctic marine living resources SUMMARY OF: Convention on the conservation of Antarctic marine living resources Decision 81/691/EEC concluding the Convention on the conservation of Antarctic marine living resources WHAT IS THE AIM OF THE CONVENTION AND THE DECISION? The objective of the Convention is the conservation of all marine life, including fish, molluscs, crustaceans and birds, south of 60o South latitude and in the area between that latitude and the Antarctic Convergence* which form part of the Antarctic marine ecosystem. For the purposes of the Convention, the term ‘conservation’ includes rational use. The decision approves the Convention on behalf of the EU. KEY POINTS To conserve marine life, the Convention requires that any fishing and associated activities must follow the following principles: ensure that the population of any species targeted by such activities does not fall below the levels needed to maintain stable populations. maintain the ecological relationships between targeted populations and dependent and related populations of Antarctic marine life, and restore depleted populations to the levels defined above; and prevent changes or minimise the risk of changes in the marine ecosystem which are not potentially reversible over two or three decades, taking into account various factors including environmental changes, with the aim of making possible the sustained conservation of Antarctic marine living resources. The Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) and the Scientific Committee An international Commission, the CCAMLR, set up by the Convention, is responsible for the adoption of conservation measures at its annual meetings designed to ensure the conservation of Antarctic marine living resources, including their rational use. The Scientific Committee is a consultative body set up by the Convention to provide a forum for consultation and cooperation concerning the collection, study and exchange of information of the marine life covered by the Convention. In exercising its functions, the Commission takes full account of the recommendations and advice of the Scientific Committee. Council Decision (EU) 2019/867, adopted in May 2019, sets out the EU position within the Commission for the period 2019-2023 DATE OF ENTRY INTO FORCE The convention entered into force on 7 April 1982. BACKGROUND For more information, see: About CCAMLR (Commission for the Conservation of Antarctic Marine Living Resources). KEY TERMS Antarctic convergence: a line joining the following points along parallels of latitude and meridians of longitude:50oS, 0o; 50oS, 30oE; 45oS, 30oE; 45oS, 80oE; 55oS, 80oE; 55oS, 150oE; 60oS, 150oE; 60oS, 50oW; 50oS, 50oW; 50oS, 0o. MAIN DOCUMENTS Convention on the conservation of Antarctic marine living resources (OJ L 252, 5.9.1981, pp. 27-35) Council Decision 81/691/EEC of 4 September 1981 on the conclusion of the Convention on the conservation of Antarctic marine living resources (OJ L 252, 5.9.1981, p. 26) RELATED DOCUMENTS Council Decision (EU) 2019/867 of 14 May 2019 on the position to be taken on behalf of the European Union in the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR), and repealing the Decision of 24 June 2014 on the position to be adopted, on behalf of the Union, in the CCAMLR (OJ L 140, 28.5.2019, pp. 72-77) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions — A European Strategy for Plastics in a Circular Economy (COM(2018) 28 final, 16.1.2018) Regulation (EU) 2017/2403 of the European Parliament and of the Council of 12 December 2017 on the sustainable management of external fishing fleets, and repealing Council Regulation (EC) No 1006/2008 (OJ L 347, 28.12.2017, pp. 81-104) Joint Communication to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions — International ocean governance: an agenda for the future of our oceans (JOIN(2016) 49 final, 10.11.2016) Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, pp. 1-50) Successive amendments to Regulation (EC) No 1224/2009 have been incoporated into the original text. This consolidated version is of documentary value only. Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (OJ L 286, 29.10.2008, pp. 1-32) See consolidated version. Council Regulation (EC) No 600/2004 of 22 March 2004 laying down certain technical measures applicable to fishing activities in the area covered by the Convention on the conservation of Antarctic marine living resources (OJ L 97, 1.4.2004, pp. 1-15) Council Regulation (EC) No 601/2004 of 22 March 2004 laying down certain control measures applicable to fishing activities in the area covered by the Convention on the conservation of Antarctic marine living resources and repealing Regulations (EEC) No 3943/90, (EC) No 66/98 and (EC) No 1721/1999 (OJ L 97, 1.4.2004, pp. 16-29) See consolidated version. Council Regulation (EC) No 1035/2001 of 22 May 2001 establishing a catch documentation scheme for Dissostichus spp. (OJ L 145, 31.5.2001, pp. 1-9) See consolidated version. last update 10.03.2020