AGREEMENT in the form of letters exchanged between the European Atomic Energy Community (Euratom) and Switzerland concerning the inclusion of the latter in the Ecurie arrangements (European Community urgent radiological information exchange) (95/C 335/03)

Madame Ruth Dreifuss

Federal Councillor

Federal Department of the Interior

CH-3003 Bern.

Madame la Conseillère fédérale,

I refer to your letter of 28 January 1994, in which Switzerland requested that it be included in the European Union's Ecurie arrangements (European Community urgent radiological information exchange) established by Council Decision 87/600/Euratom of 14 December 1987 on Community arrangements for the early exchange of information in the event of a radiological emergency (¹).

Your letter is the outcome of the various contacts between the Swiss Government and the European Commission which were established in order to integrate their respective notification arrangements in the event of a radiological emergency.

I should therefore like to propose that the Agreement contain the following provisions:

1. The Agreement relates to notification arrangements and the provision of information in all instances in which Switzerland or a Member State of the European Union decides to take measures of a general nature to protect the public in the event of a radiological emergency resulting from:

(a) an accident occurring within or outside its territory in any of the following installations or in connection with any of the following fields of activity:

- any nuclear reactor,

- any other installation involved in the nuclear fuel cycle,

- any installation managing nuclear waste,

- the transport and storage of nuclear fuels or nuclear waste,

- the production, use, storage, disposal or transport of radioisotopes for agricultural, industrial, medical or related scientific or research purposes,

or

- the use of radioisotopes for the generation of energy in spacecraft

or

(b) any other accidents from which a significant release of radioactive materials has occurred or is likely to occur;

or

(c) the detection, within or outside its territory, of abnormal levels of radioactivity which are likely to be detrimental to public health.

2. Should Switzerland decide to take any of the measures referred to in paragraph 1 or should the European Commission be informed by any Member State of the European Union that it has decided to take any of the measures referred to in paragraph 1, the party concerned shall provide the other party to this Agreement with all relevant information to enable the foreseen radiological consequences within their respective national territories to be minimized.

3. The information to be provided in accordance with paragraph 2 shall, where practicable and appropriate, include the following:

(a) the nature and time of the event, its exact location and the facility or activity involved;

(b) the assumed or established cause and the foreseeable development of the accident relevant to the release of radioactive materials;

(c) the general characteristics of the radioactive release, including the nature, the probable physical and chemical form, the effective quantity, composition and height of the radioactive release;

(d) information on current and forecast meteorological and hydrological conditions necessary for forecasting the dispersion of the radioactive release;

(e) the results of environmental monitoring;

(f) the results of measurements of the levels of radioactivity in foodstuffs, feedingstuffs and drinking water;

(g) the protective measures taken or planned;

(h) the measures taken, or planned, to inform the population;

(i) the predicted behaviour over time of the radioactive release.

At appropriate intervals thereafter, the parties shall provide each other with any other information which may be of use, particularly with respect to the further development of the situation and the foreseeable or actual end of the emergency.

4. Upon receipt of the information referred to in paragraphs 2 and 3, Switzerland shall:

(a) promptly inform the European Commission of the measures taken and recommendations issued following the receipt of such information;

(b) inform the European Commission, at appropriate intervals thereafter, of levels of radioactivity measured by its monitoring facilities in foodstuffs, feedingstuffs, drinking water and the environment.

Upon receipt of the information referred to in paragraphs 2 and 3, the European Commission shall, while taking account of the information received from Member States of the European Union:

(a) promptly inform Switzerland of the measures taken and recommendations issued within the European Union following the receipt of such information;

(b) inform Switzerland, at appropriate intervals thereafter, of levels of radioactivity measured by monitoring facilities in the European Union in foodstuffs, feedingstuffs, drinking water and the environment.

5. Switzerland shall not be obliged to provide the European Commission with information which would jeopardize national security, and the European Commission shall not pass on to Switzerland any information provided by a Member State of the European Union if such information was made available by the Member State concerned on a confidential basis.

Information received by the Commission concerning a Joint Research Centre establishment shall not be passed on to Switzerland without the consent of the Member State in which such establishment is located.

6. The detailed arrangements for the transfer of information referred to in paragraphs 2, 3 and 4 shall be laid down by joint agreement between Switzerland and the European Commission and tested at regular intervals. Each party shall bear its own costs for the forwarding of such information.

7. Switzerland shall indicate to the Commission the competent federal authority and the point of contact designated to forward and receive the information referred to in paragraphs 2, 3 and 4. The European Commission shall notify Switzerland which of its departments is the competent authority.

The contact point in Switzerland and the relevant department of the European Commission shall be on stand-by 24 hours a day.

8. Switzerland will be invited to send, at its own expense, representatives with observer status to the meetings of the group set up by the European Commission and help in the management of the Ecurie arrangements. Once an appropriate decision has been taken by this group, the Swiss representatives will also be entitled to attend, with observer status and at Switzerland's expense, meetings of any working parties which are set up.

9. This Agreement shall not affect the rights and obligations of Switzerland and Euratom deriving from bilateral or multilateral agreements or conventions currently in force or to be concluded in the areas covered by this Agreement and which are in keeping with its objects and aims.

10. This Agreement shall lapse three months after notice of termination is given by either party.

If the above Agreement is acceptable to the Swiss Government, I should like to propose that this letter (of which the German, French and Italian versions shall all be deemed authentic) and your Excellency's reply confirming this be deemed to constitute an Agreement. This Agreement will enter into force as of the date of your Excellency's reply to this letter.

Yours faithfully,

For the European Atomic Energy Community, repesented by the Commission of the European Communities

Ritt BJERREGAARD

Member of the Commission

Mrs Ritt BJERREGAARD

Member of the Commission of the EC

Rue de la Loi 200

B-1049 Brussels

Madam,

I have pleasure in acknowledging receipt of your letter of 21 June 1995 which reads as follows:

'I refer to your letter of 28 January 1994, in which Switzerland requested that it be included in the European Union's Ecurie arrangements (European Community urgent radiological information exchange) established by Council Decision 87/600/Euratom of 14 December 1987 on Community arrangements for the early exchange of information in the event of a radiological emergency (¹).

Your letter is the outcome of the various contacts between the Swiss Government and the European Commission which were established in order to integrate their respective notification arrangements in the event of a radiological emergency.

I should therefore like to propose that the Agreement contain the following provisions:

1. The Agreement relates to notification arrangements and the provision of information in all instances in which Switzerland or a Member State of the European Union decides to take measures of a general nature to protect the public in the event of a radiological emergency resulting from:

(a) an accident occurring within or outside its territory in any of the following installations or in connection with any of the following fields of activity:

- any nuclear reactor,

- any other installation involved in the nuclear fuel cycle,

- the transport and storage of nuclear fuels or nuclear waste,

- any installation managing nuclear waste,

- the production, use, storage, disposal or transport of radioisotopes for agricultural, industrial, medical or related scientific or research purposes,

or

- the use of radioisotopes for the generation of energy in spacecraft;

or

(b) any other accidents from which a significant release of radioactive materials has occurred or is likely to occur;

or

(c) the detection, within or outside its territory, of abnormal levels of radioactivity which are likely to be detrimental to public health.

2. Should Switzerland decide to take any of the measures referred to in paragraph 1 or should the European Commission be informed by any Member State of the European Union that it has decided to take any of the measures referred to in paragraph 1, the party concerned shall provide the other party to this Agreement with all relevant information to enable the foreseen radiological consequences within their respective national territories to be minimized.

3. The information to be provided in accordance with paragraph 2 shall, where practicable and appropriate, include the following:

(a) the nature and time of the event, its exact location and the facility or activity involved;

(b) the assumed or established cause and the foreseeable development of the accident relevant to the release of radioactive materials;

(c) the general characteristics of the radioactive release, including the nature, the probable physical and chemical form, the effective quantity, composition and height of the radioactive release;

(d) information on current and forecast meteorological and hydrological conditions necessary for forecasting the dispersion of the radioactive release;

(e) the results of environmental monitoring;

(f) the results of measurements of the levels of radioactivity in foodstuffs, feedingstuffs and drinking water;

(g) the protective measures taken or planned;

(h) the measures taken, or planned, to inform the population;

(i) the predicted behaviour over time of the radioactive release.

At appropriate intervals thereafter, the parties shall provide each other with any other information which may be of use, particularly with respect to the further development of the situation and the foreseeable or actual end of the emergency.

4. Upon receipt of the information referred to in paragraphs 2 and 3, Switzerland shall:

(a) promptly inform the European Commission of the measures taken and recommendations issued following the receipt of such information;

(b) inform the European Commission, at appropriate intervals thereafter, of levels of radioactivity measured by its monitoring facilities in foodstuffs, feedingstuffs, drinking water and the environment.

Upon receipt of the information referred to in paragraphs 2 and 3, the European Commission shall, while taking account of the information received from Member States of the European Union:

(a) promptly inform Switzerland of the measures taken and recommendations issued within the European Union following the receipt of such information;

(b) inform Switzerland, at appropriate intervals thereafter, of levels of radioactivity measured by monitoring facilities in the European Union in foodstuffs, feedingstuffs, drinking water and the environment.

5. Switzerland shall not be obliged to provide the European Commission with information which would jeopardize national security, and the European Commission shall not pass on to Switzerland any information provided by a Member State of the European Union if such information was made available by the Member State concerned on a confidential basis.

Information received by the Commission concerning a Joint Research Centre establishment shall not be passed on to Switzerland without the consent of the Member State in which such establishment is located.

6. The detailed arrangements for the transfer of information referred to in paragraphs 2, 3 and 4 shall be laid down by joint agreement between Switzerland and the European Commission and tested at regular intervals. Each party shall bear its own costs for the forwarding of such information.

7. Switzerland shall indicate to the Commission the competent federal authority and the point of contact designated to forward and receive the information referred to in paragraphs 2, 3 and 4. The European Commission shall notify Switzerland which of its departments is the competent authority.

The contact point in Switzerland and the relevant department of the European Commission shall be on stand-by 24 hours a day.

8. Switzerland will be invited to send, at its own expense, representatives with observer status to the meetings of the group set up by the European Commission and help in the management of the Ecurie arrangements. Once an appropriate decision has been taken by this group, the Swiss representatives will also be entitled to attend, with observer status and at Switzerland's expense, meetings of any working parties which are set up.

9. This Agreement shall not affect the rights and obligations of Switzerland and Euratom deriving from bilateral or multilateral agreements or conventions currently in force or to be concluded in the areas covered by this Agreement and which are in keeping with its objects and aims.

10. This Agreement shall lapse three months after notice of termination is given by either party.

If the above Agreement is acceptable to the Swiss Government, I should like to propose that this letter (of which the German, French and Italian versions shall all be deemed authentic) and your Excellency's reply confirming this be deemed to constitute an Agreement. This Agreement will enter into force as of the date of your Excellency's reply to this letter.`

I have the honour to inform you of the Swiss Government's agreement to the above.

Yours faithfully,

Federal Department of the Interior

Ruth DREIFUSS

Federal Councillor

(¹) OJ No L 371, 30. 12. 1987, p. 76.