2008/99/EC,Euratom: Commission Decision 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
Date: 2008-02-08
Institutions: European Commission
Subjects: EAEC, accession to an agreement, international convention, nuclear fuel, nuclear power station, nuclear safety, radioactive materials

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(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

II

DECISIONS

COMMISSION

COMMISSION DECISION

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

(2008/99/EC, Euratom)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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

Having regard to 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 (1),

the Member States in the CPPNM is compatible with the
provisions of the Euratom Treaty only subject to the
insofar as its own powers and juris-
conditions that,
diction are concerned,
the Community as such is a
party to the CPPNM on the same lines as the Member
States and that certain commitments of the CPPNM can
only be
is
concerned, by means of close association between the
Community and the Member States, both in negotiation
and conclusion process
the
commitments assumed,

and in fulfilment of

implemented, where

the Community

Whereas:

HAS DECIDED AS FOLLOWS:

(1)

(2)

(3)

European Atomic

Article 2(e) of
the Treaty establishing the European
Atomic Energy Community (Euratom Treaty) states that
the
(the
Community) shall make certain, by appropriate super-
vision,
are not diverted to
purpose other than those for which they are intended.

that nuclear materials

Community

Energy

The Convention on the Physical Protection of Nuclear
Material
(CPPNM) was adopted in 1979 and entered
into force in 1987. 128 States and the Community are
parties to the CPPNM (2). All
the Member States are
Parties to the CPPNM.

The Court of
(Court of

Justice of

Justice) (3) decided that

the European Communities
the participation of

(1) OJ L 190, 21.7.2007, p. 12.
(2) Status of 31 May 2007.
(3) Ruling 1/78 of 14 November 1978, ECR 1978, p. 2151,
particular First operative part of the Ruling and paragraph 34.

in

Article 1

Accession to the Convention on the Physical Protection of
Nuclear Material and Nuclear Facilities is hereby approved on
behalf of the European Atomic Energy Community.

The text of
the Convention on the Physical Protection of
Nuclear Material and Nuclear Facilities (Annex 1) and the
declaration by the European Atomic Energy Community
according to Articles 18(4) and 17(3) of that Convention are
attached to this Decision (Annex 2).

Article 2

The instrument of accession shall be deposited with the Director
General of the International Atomic Energy Agency, depositary
of
the Convention on the Physical Protection of Nuclear
Material and Nuclear Facilities, as soon as possible after the
adoption of this Decision in the form of a letter signed by
the Head of Delegation of the European Commission to the
International Organisations in Vienna.

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Article 3

The Member of the European Commission responsible for External Relations shall confirm in a note, as
attached to this Decision (Annex 3),
the European
the declaration attached to the
Commission to the International Organisations in Vienna to deposit
the
Decision with the Director General of
Convention (Full powers), as soon as possible after the adoption of this Decision.

the International Atomic Energy Agency, depositary of

the Head of Delegation of

the appointment of

Done at Brussels, 19 December 2007.

For the Commission

Andris PIEBALGS
Member of the Commission

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ANNEX 1

Convention on the Physical Protection of Nuclear Material and Nuclear Facilities

THE 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 environ-
ment 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 inde-
pendence 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,

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HAVE AGREED as follows:

For the purposes of this Convention:

Article 1

(a) ‘nuclear material’ means plutonium except that with isotopic concentration exceeding 80 % in plutonium-238;
isotopes as
uranium-233; uranium enriched in the isotope 235 or 233; uranium containing the mixture of
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 transpor-
tation 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.

The 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 1A

1.
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.

Article 2

The responsibility for the establishment, implementation and maintenance of a physical protection regime within a

2.
State Party rests entirely with that State.

Apart from the commitments expressly undertaken by States Parties under this Convention, nothing in this

3.
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.

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(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.

This Convention shall not apply to nuclear material used or retained for military purposes or to a nuclear facility

5.
containing such material.

Each State Party shall establish, implement and maintain an appropriate physical protection regime applicable to

1.
nuclear material and nuclear facilities under its jurisdiction, with the aim of:

Article 2A

(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 State

The 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 transport

The responsibility of a State for ensuring that nuclear material
transport thereof, until that responsibility is properly transferred to another State, as appropriate.

is adequately protected extends to the international

FUNDAMENTAL PRINCIPLE C: Legislative and regulatory framework

The 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.

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FUNDAMENTAL PRINCIPLE D: Competent authority

The 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 holders

The 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
licences or of other authorising
documents (e.g. operators or shippers).

the relevant

FUNDAMENTAL PRINCIPLE F: Security culture

All 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: Threat

The State's physical protection should be based on the State's current evaluation of the threat.

FUNDAMENTAL PRINCIPLE H: Graded approach

Physical 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 depth

The 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 assurance

A 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 plans

Contingency (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: Confidentiality

The 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 conse-
quences associated with any unauthorised act directed against it and the current evaluation of the threat against it.

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(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.

Each 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 3

Each State Party shall not export or authorise the export of nuclear material unless the State Party has received
1.
assurances that such material will be protected during the international nuclear transport at the levels described in
Annex I.

Article 4

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.

The State Party responsible for receiving assurances that the nuclear material will be protected at the levels described
5.
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.

The responsibility for obtaining assurances referred to in paragraph 1 may be transferred, by mutual agreement, to

6.
the State Party involved in the transport as the importing State.

Nothing in this Article shall be interpreted as in any way affecting the territorial sovereignty and jurisdiction of a

7.
State, including that over its airspace and territorial sea.

States Parties shall identify and make known to each other directly or through the International Atomic Energy

1.
Agency their point of contact in relation to matters within the scope of this Convention.

Article 5

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;

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(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.

In the case of a credible threat of sabotage of nuclear material or a nuclear facility or in the case of sabotage thereof,
3.
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 organ-
isations, 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 Inter-
national 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 6

1.
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.

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State Parties shall not be required by this Convention to provide any information which they are not permitted to
2.
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.

1.

The intentional commission of:

Article 7

(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.

Each State Party shall make the offences described in this Article punishable by appropriate penalties which take

2.
into account their grave nature.

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Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth

1.
in Article 7 in the following cases:

Article 8

(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.

Each State Party shall

2.
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 inter-
national 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.

Upon 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 9

The 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 10

1.
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.

Article 11

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.

States Parties which do not make extradition conditional on the existence of a treaty shall recognise those offences

3.
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 11A

None 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.

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Article 11B

Nothing 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.

Any 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 12

1.
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.

Article 13

The provisions of paragraph 1 shall not affect obligations under any other treaty, bilateral or multilateral, which

2.
governs or will govern, in whole or in part, mutual assistance in criminal matters.

Nothing 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 13A

Each State Party shall inform the depositary of its laws and regulations which give effect to this Convention. The

1.
depositary shall communicate such information periodically to all States Parties.

Article 14

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.

The Annexes constitute an integral part of this Convention.

Article 15

1.
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.

Article 16

At intervals of not less than five years thereafter, the majority of States Parties may obtain, by submitting a proposal

2.
to this effect to the depositary, the convening of further conferences with the same objective.

1.
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.

Article 17

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Any dispute of this character which cannot be settled in the manner prescribed in paragraph 1 shall, at the request
2.
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.

Any State Party which has made a reservation in accordance with paragraph 3 may at any time withdraw that

4.
reservation by notification to the depositary.

This Convention shall be open for signature by all States at the Headquarters of the International Atomic Energy
1.
Agency in Vienna and at the Headquarters of the United Nations in New York from 3 March 1980 until its entry into
force.

Article 18

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.

This Convention shall enter into force on the 30th day following the date of deposit of the 21st instrument of

1.
ratification, acceptance or approval with the depositary.

Article 19

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 20

1. 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.

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The amendment shall enter into force for each State Party that deposits its instrument of ratification, acceptance or
2.
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.

Any State Party may denounce this Convention by written notification to the depositary.

Article 21

Denunciation shall take effect 180 days following the date on which notification is received by the depositary.

1.

2.

The depositary shall promptly notify all States of:

(a) each signature of this Convention;

Article 22

(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 23

The 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.

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ANNEX I

Levels of physical protection to be applied in international transport of nuclear material as categorised in
Annex II

1. 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,

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;

transportation shall

(b) For Category I materials, transportation shall take place under special precautions identified above for transpor-
tation 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.

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ANNEX II

Table: Categorisation of nuclear material

Material

Form

1. Plutonium (a)

Unirradiated (b)

2. Uranium-235

Unirradiated (b)

I

2 kg or
more

Category

II

III (c)

Less than 2 kg but more
than 500 g

500 g or less but more
than 15 g

— 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
above
less than 10 % 235U

enriched
but

natural,

10 kg or more

3. Uranium-233

Unirradiated (b)

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
uranium,
low-enriched fuel
10 %
than
content) (d) (e)

or
natural
thorium or
(less
fissile

(a) All plutonium except that with isotopic concentration exceeding 80 % in plutonium-238.
(b) 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.

(c) Quantities not falling in Category III and natural uranium should be protected in accordance with prudent management practice.
(d) 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.

(e) 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.

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ANNEX 2

Declaration by the European Atomic Energy Community according to Articles 18(4) and 17(3) of the
Convention

The 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 3

FULL POWERS

I, the undersigned,
External Relations and European Neighbourhood Policy, do hereby confirm the appointment of:

............................................. , Member of the Commission of the European Communities responsible for

Mr/Ms ..................................................................................

Head of the Delegation of the European Commission

to the International Organisations in Vienna

to 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,