# C_2017251EN.01000201.xml

| 2.8.2017 | EN | Official Journal of the European Union | C 251/2 |
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2.8.2017

EN

Official Journal of the European Union

C 251/2

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COMMISSION DECISION

of 1 August 2017

on the conclusion of the amendments to Protocols 1 and 2 to the Agreement between the French Republic, the European Atomic Energy Community and the International Atomic Energy Agency (IAEA) for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean

(2017/C 251/02)

THE EUROPEAN COMMISSION,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 101, the second paragraph thereof,

Having regard to the approval of the Council,

Whereas:

| (1) | The amendments to Protocols 1 and 2 to the Agreement between the French Republic, the European Atomic Energy Community and the International Atomic Energy Agency (IAEA) for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean should be concluded, |
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(1)

The amendments to Protocols 1 and 2 to the Agreement between the French Republic, the European Atomic Energy Community and the International Atomic Energy Agency (IAEA) for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean should be concluded,

HAS DECIDED AS FOLLOWS:

Article 1

The amendments to Protocols 1 and 2 to the Agreement between the French Republic, the European Atomic Energy Community and the International Atomic Energy Agency (IAEA) for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean are hereby approved on behalf of the European Atomic Energy Community. The text of the above mentioned amendments is attached to this Decision.

Article 2

The Commissioner in charge of Climate Action and Energy or the Director-General of the Directorate-General in charge of Energy, or his designated representative are hereby authorised to sign the amendments and to carry out all necessary steps for the entry into force of these amendments to be concluded on behalf of the European Atomic Energy Community.

Done at Brussels, 1 August 2017.

For the Commission

Miguel ARIAS CAÑETE

Member of the Commission

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ANNEX

Paragraph I of Protocol 1 to the Agreement between the French Republic, the European Atomic Energy Community and the International Atomic Energy Agency (IAEA) for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean (hereinafter referred to as ‘the Safeguards Agreement’) is amended to read as follows:

| ‘I. | (A) | Until such time as






  (1) | French Protocol I territories have, in peaceful nuclear activities, nuclear material in quantities exceeding the limits stated, for the type of material in question, in Article 35 of the Agreement between France, the Community and the Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean (hereinafter referred to as “the Agreement”), or |
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‘I.

(A)

Until such time as

(1)

French Protocol I territories have, in peaceful nuclear activities, nuclear material in quantities exceeding the limits stated, for the type of material in question, in Article 35 of the Agreement between France, the Community and the Agency for the Application of Safeguards in Connection with the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean (hereinafter referred to as “the Agreement”), or

| (2) | the decision has been taken to construct or authorize construction of a facility, as defined in the Definitions, in French Protocol I territories,
  the implementation of the provisions in Part II of the Agreement shall be held in abeyance, with the exception of Articles 31-37, 39, 47, 48, 58, 60, 66, 67, 69, 71-75, 81, 83-89, 93 and 94. |
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(2)

the decision has been taken to construct or authorize construction of a facility, as defined in the Definitions, in French Protocol I territories,

the implementation of the provisions in Part II of the Agreement shall be held in abeyance, with the exception of Articles 31-37, 39, 47, 48, 58, 60, 66, 67, 69, 71-75, 81, 83-89, 93 and 94.

| (B) | The information to be reported pursuant to paragraphs (a) and (b) of Article 32 of the Agreement may be consolidated and submitted in an annual report; similarly, an annual report shall be submitted, if applicable, with respect to the import and export of nuclear material described in paragraph (c) of Article 32. |
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(B)

The information to be reported pursuant to paragraphs (a) and (b) of Article 32 of the Agreement may be consolidated and submitted in an annual report; similarly, an annual report shall be submitted, if applicable, with respect to the import and export of nuclear material described in paragraph (c) of Article 32.

| (C) | In order to enable the timely conclusion of the Subsidiary Arrangements provided for in Article 37 of the Agreement, the Community shall:






  (1) | notify the Agency sufficiently in advance of its having nuclear material in peaceful nuclear activities in French Protocol I territories in quantities that exceed the limits referred to in section (A) hereof, or |
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(C)

In order to enable the timely conclusion of the Subsidiary Arrangements provided for in Article 37 of the Agreement, the Community shall:

(1)

notify the Agency sufficiently in advance of its having nuclear material in peaceful nuclear activities in French Protocol I territories in quantities that exceed the limits referred to in section (A) hereof, or

| (2) | notify the Agency as soon as the decision to construct or to authorize construction of a facility in French Protocol I territories has been taken,
  whichever occurs first. At such time, procedures for cooperation in the application of the safeguards provided for under the Agreement shall be agreed upon, as necessary, between France, the Community and the Agency.’ |
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(2)

notify the Agency as soon as the decision to construct or to authorize construction of a facility in French Protocol I territories has been taken,

whichever occurs first. At such time, procedures for cooperation in the application of the safeguards provided for under the Agreement shall be agreed upon, as necessary, between France, the Community and the Agency.’

Paragraph I of Protocol 2 of the Safeguards Agreement is amended to read as follows:

| ‘I. | At such time as the Community notifies the Agency in accordance with Section 1(C) of Protocol 1 of this Agreement that there is nuclear material in peaceful nuclear activities in French Protocol I territories in quantities that exceed the limits referred to in Section 1(A)(1) of Protocol 1 of this Agreement or that the decision has been taken to construct or authorize construction of a facility, as defined in the Definitions, in French Protocol I territories, as referred to in Section 1(A)(2) of Protocol 1 of this Agreement, whichever occurs first, a Protocol for procedures for cooperation in the application of the safeguards provided for under the Agreement shall be agreed upon between France, the Community and the Agency. Such procedures will amplify certain provisions of the Agreement and, in particular, specify the conditions and means according to which the cooperation referred to above shall be implemented in such a way as to avoid unnecessary duplication of safeguards activities. The procedures shall be, to the extent practicable, based upon those then in force under Protocols to, and the subsidiary arrangements of, other safeguards agreements between Member States of the Community, the Community and the Agency, including the related special understandings agreed upon by the Community and the Agency.’ |
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‘I.

At such time as the Community notifies the Agency in accordance with Section 1(C) of Protocol 1 of this Agreement that there is nuclear material in peaceful nuclear activities in French Protocol I territories in quantities that exceed the limits referred to in Section 1(A)(1) of Protocol 1 of this Agreement or that the decision has been taken to construct or authorize construction of a facility, as defined in the Definitions, in French Protocol I territories, as referred to in Section 1(A)(2) of Protocol 1 of this Agreement, whichever occurs first, a Protocol for procedures for cooperation in the application of the safeguards provided for under the Agreement shall be agreed upon between France, the Community and the Agency. Such procedures will amplify certain provisions of the Agreement and, in particular, specify the conditions and means according to which the cooperation referred to above shall be implemented in such a way as to avoid unnecessary duplication of safeguards activities. The procedures shall be, to the extent practicable, based upon those then in force under Protocols to, and the subsidiary arrangements of, other safeguards agreements between Member States of the Community, the Community and the Agency, including the related special understandings agreed upon by the Community and the Agency.’

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