International Atomic Energy Agency Course Objectives, Overview and Introduction Interregional Training Course on Technical Requirements to Fulfil National Obligations in Terms of International Legal Instruments (Joint Convention, Code of Conduct and EU Directives) for the Safe Management of DSRS Tunis, Tunisia February 2015

International Atomic Energy Agency Contents Course objectives Overview Introduction to international legal instruments International safety standards

International Atomic Energy Agency Course Objective Provide: an understanding of the international legal instruments (Joint Convention, Code of Conduct and European Union [EU] Directives) relevant to the management of disused sealed radioactive sources (DSRS); an understanding of the technical requirements for fulfilling national obligations in terms of international legal instruments for the safe management of DSRS;

International Atomic Energy Agency Course Objective Provide: insight into a number of national programmes, processes and experiences in meeting national obligations for management of DSRS under the Joint Convention, Code of Conduct and EU Directives; and knowledge required to set favourable conditions for safe, long term management of DSRS, including when they are declared as radioactive waste (RW)

International Atomic Energy AgencyOverview Presentations on the international legal instruments Presentations of country experience with meeting obligations of international legal instruments Structured discussions on meeting obligations of international legal instruments Country self assessment Examination and course evaluation

International Atomic Energy Agency The nature of international legal instruments

International Atomic Energy Agency International Legal instruments Treaties Agreements Conventions Charters Protocols Declarations Memoranda of Understanding Exchanges of Notes Codes of Conduct

International Atomic Energy Agency International Legal instruments Binding Non-binding

International Atomic Energy Agency Binding instruments: Treaties “Treaty” is a generic term embracing all consensual instruments which are binding under international law The 1969 Vienna Convention on the Law of Treaties defines a treaty as “an international agreement concluded between States in written form and governed by international law... whatever its particular designation’’ Bilateral or multilateral treaties

International Atomic Energy Agency Designation of Multilateral Treaties Treaty (e.g. NPT) Convention (e.g. most IAEA multilateral treaties: 1963 Vienna Convention, CSC, Early Notification and Assistance Conventions, CNS, Joint Convention, CPPNM) Agreement (e.g. IAEA TC multilateral treaties: RCA, AFRA, ARCAL, ARASIA)

International Atomic Energy Agency Designation of Multilateral Treaties (cont.) Protocol - often designates treaties that are supplementary to others such as Treaties amending previous treaties (e.g.1997 Protocol to Amend the Vienna Convention), or Treaties relating to the application of previous treaties (e.g Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention) Charter, Statute or Constitution often designate treaties that constitute international organizations (e.g. UN Charter, IAEA Statute, WHO Constitution)

International Atomic Energy Agency Conclusion of Multilateral Treaties Formal Process: Negotiation (usually within a series of meetings convened by an international organization or by a State or group of States) Adoption of the text (usually by a formal diplomatic conference or by a high-level organ of an international organization) Signature(treaties are often open for signature until they enter into force) Consent to be bound (usually through an instrument of ratification or accession) Entry into force (usually after a certain number of States have consented to be bound)

International Atomic Energy Agency Designation of Non-Binding Instruments at Multilateral Level Declarations (e.g Rio Declaration) Memoranda of understandings (usually non- binding, and often bilateral or including only few States) Codes of conduct

International Atomic Energy Agency Adoption of Non-Binding Instruments at Multilateral Level Adoption of Non-Binding Instruments at Multilateral Level Less formal process than for multilateral treaties: usually not involving signature no need for instruments manifesting consent to be bound no entry into force process

International Atomic Energy Agency IAEA Codes of Conduct Non-binding international legal instruments that provide guidance for the development and harmonization of national policies, laws, and regulations and set forth desirable attributes May be strengthened by informal peer review mechanisms

International Atomic Energy Agency IAEA Codes of Conduct Safety and Security of Radioactive Sources and Supplementary Guidance Informal peer review mechanism “Political commitments” Safety of Research reactors Meetings on application of the CoC No “political commitments”

International Atomic Energy Agency “Political commitments” “Urges each State to write to the Director General that it fully supports and endorses the IAEA’s efforts to enhance the safety and security of radioactive sources, is working toward following the guidance contained in the IAEA Code of Conduct on the Safety and Security of Radioactive Sources, and encourages other countries to do the same; Recognizes also that the procedure established [...] is an exceptional one, having no legal force and only intended for information, and therefore does not constitute a precedent applicable to other Codes of Conduct of the Agency or of other bodies belonging to the United Nations system” 2003 General Conference Resolution GC(47)/RES/7.B, paras. 4 & 6

International Atomic Energy Agency IAEA SAFETY STANDARDS Safety Guides recommendations on meeting requirements (“should”) underlying principles aimed at politicians and regulatory authorities Safety Fundamentals Safety Requirements specify obligations and responsibilities (“shall”)

International Atomic Energy Agency Status of the IAEA Safety Standards Safety Standards are: Non binding on Member States, but sometimes are formally adopted as requirements or used as source material for national legislation or regulatory guidance Binding for IAEA’s own activities Binding on States in relation to operations assisted by the IAEA or States wishing to enter into project agreements with IAEA Binding through international legal instruments

International Atomic Energy Agency