Publication: Magyar Közlöny
Issue: MK-2006-137 (Year: 2006, Number: 137)
Era: 2004-2010
Section: 
Paragraph Index: 7

3. § A meg ál la po dás és a jegy zõ könyv hi te les an gol nyel vû szö ve ge és azok hi va ta los ma gyar nyel vû for dí tá sa a kö vet ke zõ: „Agreement between the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the European Atomic Energy Community and the International Atomic Energy Agency in implementation of Article III, (1) and (4) of the Treaty on the Non-Proliferation of Nuclear weapons Whereas the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, Ireland, the Italian Republic, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands (hereinafter referred to as „the States”) are signatories of the Treaty on the Non-Proliferation of Nuclear Weapons (hereinafter referred to as the „Treaty”) opened for signature at London, Moscow and Washington on 1 July 1968 and which entered into force on 5 March 1970; Recalling that pursuant to Article IV(1) of the Treaty nothing in the Treaty shall be interpreted as affecting the inalienable right of all the Parties to the Treaty to develop research, production and use of nuclear energy for peaceful purposes without discrimination and in conformity with Articles I and II of the Treaty; Recalling that according to Article IV(2) of the Treaty all the Parties to the Treaty undertake to facilitate, and have the right to participate in, the fullest possible exchange of equipment, materials and scientific and technological information for the peaceful uses of nuclear energy; Recalling further that under the terms of the same paragraph the Parties to the Treaty in a position to do so shall also co-operate in contributing alone or together with other States or international organisations to the further development of the applications of nuclear energy for peaceful purposes, especially in the territories of non-nuclear-weapon States Party to the Treaty; Whereas Article III(1) of the Treaty provides that each non-nuclear-weapon State Party to the Treaty undertakes to accept safeguards, as set forth in an agreement to be negotiated and concluded with the International Atomic Energy Agency (hereinafter referred to as „the Agency”) in accordance with the Statute of the Agency (hereinafter referred to as „the Statute”) and the Agency’s safeguards system, for the exclusive purpose of verification of the fulfillment of its obligations assumed under this Treaty with a view to preventing diversion of nuclear energy from peaceful uses to nuclear weapons or other nuclear explosive devices; Whereas Article III(4) provides that nonnuclear-weapon States Party to the Treaty shall conclude agreements with the Agency to meet the requirements of the said Article either individually or together with other States in accordance with the Statute; Whereas the States are Members of the European Atomic Energy Community (EURATOM) (hereinafter referred to as „the Community”) and have assigned to institutions common to the European Communities regulatory, executive and judicial powers which these institutions exercise in their own right in those areas for which they are competent and which may take effect directly within the legal systems of the Member States; Whereas within this institutional framework, the Community has in particular the task of ensuring, through appropriate safeguards, that nuclear materials are not diverted to purposes other than those for which they were intended, and will, from the time of the entry into force of the Treaty within the territories of the States, thus be required to satisfy itself though the system of safeguards established by the EURATOM Treaty, that source and special fissionable material in all peaceful nuclear activities within the territories of the States is not diverted to nuclear weapons or other nuclear explosive devices; Whereas these safeguards include notification to the Community of the basic technical characteristics of nuclear facilities, maintenance and submission of operating records to permit nuclear materials accounting for the Community as a whole, inspections by officials of the Community, and a system of sanctions; 2006/137. szám * A tör vényt az Or szág gyû lés a 2006. ok tó ber 30-i ülés nap ján fo gad ta el. Whereas the Community has the task of establishing with other countries and with international organisations relations which may promote progress in the use of nuclear energy for peaceful purposes and is expressly authorised to assume special safeguard obligations in agreement with a third State of an international organisation; Whereas the Agency’s international safeguards system referred to in the Treaty comprises, in particular, provisions for the submission of design information to the Agency, the maintenance of records, the submission of reports on all nuclear material subject to safeguards to the Agency, inspections carried out by the Agency’s inspectors, requirements for the establishment and maintenance of a system of accounting for and control of nuclear material by a State, and measures in relation to verification of non-diversion; Whereas the Agency, in the light of its statutory responsibilities and its relationship to the General Assembly and the Security Council of the United Nations, has the responsibility to assure the international community that effective safeguards are being applied under the Treaty; Noting that the States which were Members of the Community when they signed the Treaty, made it known on that occasion that safeguards provided for in Article III(1) of the Treaty would have to be set out in a verification agreement between the Community, the States and the Agency and defined in such a way that the rights and obligations of the States and the Community would not be affected; Whereas the Board of Governors of the Agency (hereinafter referred to as „the Board”) has approved a comprehensive set of model provisions for the structure and content of agreements between the Agency and States required in connection with the Treaty to be used as the basis for negotiating safeguards agreements between the Agency and non-nuclear-weapon States Party to the Treaty; Whereas the Agency is authorised under Article III.A.5 of the Statute, to apply safeguards, at the request of the parties, to any bilateral or multilateral arrangement, or at the request of a State, to any of that State’s activities in the field of atomic energy; Whereas it is the desire of the Agency, the Community and the States to avoid unnecessary duplication of safeguards activities; Now, therefore, the Agency, the Community and the States have agreed as follows: PART I BASIC UNDERTAKING Article 1 The States undertake, pursuant to Article III(1) of the Treaty, to accept safeguards, in accordance with the terms of this Agreement, on all source or special fissionable material in all peaceful nuclear activities within their territories, under their jurisdiction or carried out under their control anywhere, for the exclusive purpose of verifying that such material is not diverted to nuclear weapons or other nuclear explosive devices. APPLICATION OF SAFEGUARDS Article 2 The Agency shall have the right and obligation to ensure that safeguards will be applied, in accordance with the terms of this Agreement, on all source or special fissionable material in all peaceful nuclear activities within the territories of the States, under their jurisdiction or carried out under their control anywhere for the exclusive purpose of verifying that such material is not diverted to nuclear weapons or other nuclear explosive devices. Article 3 a. The Community undertakes, in applying its safeguards on source and special fissionable material in all peaceful nuclear activities within territories of the States, to co-operate with the Agency, in accordance with the terms of this Agreement, with a view to ascertaining that such source and special fissionable material is not diverted to nuclear weapons or other nuclear explosive devices. b. The Agency shall apply its safeguards, in accordance with the terms of this Agreement, is such a manner as to enable it to verify, in ascertaining that there has been no diversion of nuclear material from peaceful uses to nuclear weapons or other nuclear explosive devices, findings of the Community’s system of safeguards. The Agency’s verification shall include, inter alia, independent measurements and observations conducted by the Agency in accordance with the procedures specified in this Agreement. The Agency, in its verification, shall take due account of the effectiveness of the Community’s system of safeguards in accordance with the terms of this Agreement. CO-OPERATION BETWEEN THE AGENCY, THE COMMUNITY AND THE STATES Article 4 The Agency, the Community and the States shall co-operate, in so far as each Party is concerned, to facilitate the implementation of the safeguards provided 2006/137. szám for in this Agreement and shall avoid unnecessary duplication of safeguards activities. IMPLEMENTATION OF SAFEGUARDS Article 5 The safeguards provided for in this Agreement shall be implemented in a manner designed: a. To avoid hampering the economic and technicological development in the Community or international co-operation in the field of peaceful nuclear activities, including international exchange of nuclear material; b. To avoid undue interference in the peaceful nuclear activities in the Community, and in particular in the operation of facilities; and c. To be consistent with prudent management practices required for the economic and safe conduct of nuclear activities. Article 6 a. The Agency shall take every precaution to protect commercial and industrial secrets and other confidential information coming to its knowledge in the implementation of this Agreement. b. i. The Agency shall not publish or communicate to any State, organisation or person any information obtained by it in connection with the implementation of this Agreement, except that specific information relating to the implementation thereof may be given to the Board and to such Agency staff members as require such knowledge by reason of their official duties in connection with safeguards, but only to the extent necessary for the Agency to fulfil its responsibilities in imple menting this Agreement; ii. Summarised information on nuclear material subject to safeguards under this Agreement may be published upon decision of the Board if the States directly concerned or the Community, in so far as either Party is individually concerned, agree thereto. Article 7 a. In implementing safeguards under this Agreement, full account shall be taken of technological development in the field of safeguards, and every effort shall be made to ensure optimum cost-effectiveness and the application of the principle of safeguarding effectively the flow of nuclear material subject to safeguards under this Agreement by use of instruments and other techniques at certain strategic points to the extent that present or future technology permits. b. In order to ensure optimum cost-effectiveness, use shall be made, for example, of such means as: i. Containment as a means of defining material balance areas for accounting purposes; ii. Statistical techniques and random sampling in evaluating the flow of nuclear material; and iii. Concentration of verification procedures on those stages in the nuclear fuel cycle involving the production, processing, use or storage of nuclear material from which nuclear weapons or other nuclear explosive devices could readily be made, and minimisation of verification procedures in respect of other nuclear material, on condition that this does not hamper the implementation of this Agreement. PROVISION OF INFORMATION TO THE AGENCY Article 8 a. In order to ensure the effective implementation of safeguards under this Agreement, the Community shall, in accordance with the provisions set out in this Agreement, provide the Agency with information concerning nuclear material subject to such safeguards and the features of facilities relevant to safeguarding such material. b. i. The Agency shall require only the minimum amount of information and data consistent with carrying out its responsibilities under this Agreement. ii. Information pertaining to facilities shall be the minimum necessary for safeguarding nuclear material subject to safeguards under this Agreement. c. If the Community so requests, the Agency shall be prepared to examine on premises of the Community design information which the Community regards as being of particular sensitivity. Such information need not be physically transmitted to the Agency provided that it remains readily available for further examination by the Agency on premises of the Community. AGENCY INSPECTORS Article 9 a. i. The Agency shall secure the consent of the Community and the States to the designation of Agency inspectors to the States. 2006/137. szám ii. If the Community, either upon proposal of a designation or at any other time after a designation has been made, objects to the designation, the Agency shall propose to the Community and the States an alternative designation or designations. iii. If, as a result of the repeated refusal of the Community to accept the designation of Agency inspectors, inspection to be conducted under this Agreement would be impeded, such refusal shall be considered by the Board, upon referral by the Director General of the Agency (hereinafter referred to as „the Director General”), with a view to its taking appropriate action. b. The Community and The States concerned shall take the necessary steps to ensure that Agency inspectors can effectively discharge their functions under this Agreement. c. The visits and activities of Agency inspectors shall be so arranged as: i. To reduce to a minimum the possible inconvenience and disturbance to the Community and the States and to the peaceful nuclear activities inspected; and ii. To ensure protection of industrial secrets or any other confidential information coming to the knowledge of Agency inspectors. PRIVILEGES AND IMMUNITIES Article 10 Each State shall apply to the Agency, including its property, funds and assets, and to its inspectors and other officials, performing functions under this Agreement, the relevant provisions of the Agreement on the Privileges and Immunities of the International Atomic Energy Agency. CONSUMPTION OR DILUTION OF NUCLEAR MATERIAL Article 11 Safeguards under this Agreement shall terminate on nuclear material upon determination by the Community and the Agency that the material has been consumed, or has been diluted in such a way that it is no longer usable for any nuclear activity relevant from the point of view of safeguards, or has become practically irrecoverable. TRANSFER OF NUCLEAR MATERIAL OUT OF THE STATES Article 12 The Community shall give the Agency notification of transfers of nuclear material subject to safeguards under this Agreement out of the States, in accordance with the provisions of this Agreement. Safeguards under this Agreement shall terminate on nuclear material when the recipient State has assumed responsibility therefore as provided for in this Agreement. The Agency shall maintain records indicating each transfer and, where applicable, the re-application of safeguards to the transferred nuclear material. PROVISIONS RELATING TO NUCLEAR MATERIAL TO BE USED IN NON-NUCLEAR ACTIVITIES Article 13 Where nuclear material subject to safeguards under this Agreement is to be used in non-nuclear activities, such as the production of alloys or ceramics, the Community shall agree with the Agency, before the material is so used, on the circumstances under which the safeguards under this Agreement on such material may be terminated. NON-APPLICATION OF SAFEGUARDS TO NUCLEAR MATERIAL TO BE USED IN NON-PEACEFUL ACTIVITIES Article 14 If a State intends to exercise its discretion to use nuclear material which is required to be safeguarded under this Agreement in a nuclear activity which does not require the application of safeguards under this Agreement, the following procedures shall apply: a. The Community and the State shall inform the Agency of the activity, and the State shall make it clear: i. That the use of the nuclear material in a non-proscribed military activity will not be in conflict with an undertaking the State may have given and in respect of which Agency safeguards apply, that the material will be used only in a peaceful nuclear activity; and ii. That during the period of non-application of safeguards under this Agreement the nuclear material will not be used for the production of nuclear weapons or other nuclear explosive devices; b. The Agency and the Community shall make an arrangement so that, only while the nuclear material is in such an activity, the safeguards provided for in this Agreement will not be applied. The arrangement shall identify, to the extent possible, the period or circumstances during which such safeguards will not be applied. In any event, the safeguards provided for in this Agreement shall apply again as soon as the nuclear material is reintroduced into a peaceful nuclear activity. The Agency shall be kept 2006/137. szám informed of the total quantity and composition of such material out of that State or those States; and c. Each arrangement shall be made in agreement with the Agency. Such agreement shall be given as promptly as possible and shall relate only to such matters as, inter alia, temporal and procedural provisions and reporting arrangements, but shall not involve any approval or classified knowledge of the military activity or relate to the use of the nuclear material therein. FINANCE Article 15 The Agency, the Community and the States will bear the expenses incurred by each of them in implementing their respective responsibilities under this Agreement. However, if the Community, the States or person under their jurisdiction, incur extraordinary expenses as a result of a specific request by the Agency, the Agency shall reimburse such expenses provided that it has agreed in advance to do so. In any case, the Agency shall bear the cost of any additional measuring or sampling which Agency inspectors may request. THIRD PARTY LIABILITY FOR NUCLEAR DAMAGE Article 16 The Community and the States shall ensure that any protection against third party liability in respect of nuclear damage, including any insurance or other financial security which may be available under their laws or regulations shall apply to the Agency and its officials for the purpose of the implementation of this Agreement, in the same way as that protection applies to nationals of the States. INTERNATIONAL RESPONSIBILITY Article 17 Any claim by the Community or a State against the Agency or by the Agency against the Community or a State in respect of any damage resulting from the implementation of safeguards under this Agreement, other than damage arising out of a nuclear incident, shall be settled in accordance with international law. MEASURES IN RELATION TO VERIFICATION OF NON-DIVERSION Article 18 If the Board, upon report of the Director General, decides that an action by the Community or a State, in so far as either Party is individually concerned, is essential and urgent in order to ensure verification that nuclear material subject to safeguards under this Agreement is not diverted to nuclear weapons or other nuclear explosive devices, the Board may call upon the Community or that State to take the required action without delay, irrespective of whether procedures have been invoked pursuant to Article 22 for the settlement of a dispute. Article 19 If the Board, upon examination of relevant information reported to it by the Director General, finds that the Agency is not able to verify that there has been no diversion of nuclear material required to be safeguarded under this Agreement, to nuclear weapons or other nuclear explosive devices, it may make the reports provided for in Article XII(C) of the Statute and may also take, where applicable, the other measures provided for in that paragraph. In taking such action, the Board shall take account of the degree of assurance provided by the safeguards measures that have been applied and shall offer the Community or the State, in so far as either Party is individually concerned, every reasonable opportunity to furnish the Board with any necessary reassurance. INTERPRETATION AND APPLICATION OF THE AGREEMENT AND SETTLEMENT OF DISPUTES Article 20 At the request of the Agency, the Community or a State, there shall be consultations about any question arising out of the interpretation or application of this Agreement. Article 21 The Community and the States shall have the right to request that any question arising out of the interpretation or application of this Agreement be considered by the Board. The Board shall invite the Community and the State concerned to participate in the discussion of any such question by the Board. 2006/137. szám Article 22 Any dispute arising out of the interpretation or application of this Agreement except a dispute with regard to a finding by the Board under Article 19 or an action take by the Board pursuant to such a finding, which is not settled by negotiation or another procedure agreed to by the Agency, the Community and the States shall, at the request of any one of them, be submitted to an arbitral tribunal composed of five arbitrators. The Community and the States shall designate two arbitrators and the Agency shall also designate two arbitrators, and the four arbitrators so designated shall elect a fifth, who shall be the Chairman. If, within thirty days of the request for arbitration, the Community and the States, or the Agency, have not designated two arbitrators each, the Community or the Agency may request the President of the International Court of Justice to appoint these arbitrators. The same procedure shall apply if, within thirty days of the designation or appointment of the fourth arbitrator, the fifth arbitrator has not been elected. A majority of the members of the arbitral tribunal shall constitute a quorum, and all decisions shall require the concurrence of at least three arbitrators. The arbitral procedure shall be fixed by the tribunal. The decisions of the tribunal shall be binding on the Agency, the Community, and the States concerned. ACCESSION Article 23 a. This Agreement shall come into force for non-nuclear-weapon States Party to the Treaty which become Members of the Community, upon: i. Notification to the Agency by the State concerned that its procedures with respect to the coming into force of this Agreement have been completed; and ii. Notification to the Agency by the Community that it is in a position to apply its safeguards in respect of that State for the purposes of this Agreement. b. Where the State concerned has concluded other agreements with the Agency for the application of Agency safeguards, upon the coming into force of this Agreement for that State, the application of Agency safeguards under such agreements shall be suspended while this Agreement is in force; provided, however, that the State’s undertaking in those agreements not to use items which are subject thereto in such a way as to further any military purpose shall continue to apply. AMENDMENT OF THE AGREEMENT Article 24 a. The Agency, the Community and the States shall, at the request of any one of them, consult on amendment to this Agreement. b. All amendments shall require the agreement of the Agency, the Community and the States. c. The Director General shall promptly inform all Member States of the Agency of any amendment to this Agreement. ENTRY INTO FORCE AND DURATION Article 25 a. This Agreement shall enter into force on the date upon which the Agency receives from the Community and the States written notification that their own requirements for entry into force have been met. The Director General shall promptly inform all Member States of the Agency of the entry into force of this Agreement. b. This Agreement shall remain in force as long as the States are Parties to the Treaty. PROTOCOL Article 26 The Protocol attached to this Agreement shall be an integral part thereof. The term „Agreement” as used in this instrument means the Agreement and the Protocol together. PART II INTRODUCTION Article 27 The purpose of this part of the Agreement is to specify, as required, the procedures to be applied in the implementation of the safeguards provisions of Part I. OBJECTIVE OF SAFEGUARDS Article 28 The objective of the safeguards procedures set forth in this Agreement is the timely detection of diversion of significant quantities of nuclear material from peaceful nuclear activities to the manufacture of nuclear weapons or of other nuclear explosive devices or for purposes unknown, and deterrence of such diversion by the risk of early detection. 2006/137. szám Article 29 For the purpose of achieving the objective set forth in Article 28, material accountancy shall be used as a safeguards measure of fundamental importance, with containment and surveillance as important complementary measures. Article 30 The technical conclusion of the Agency’s verification activities shall be a statement, in respect of each material balance area, of the amount of material unaccounted for over a specific period, and giving the limits of accuracy of the amounts stated. THE COMMUNITY’S SYSTEM OF SAFEGUARDS Article 31 Pursuant to Article 3, the Agency, in carrying out its verification activities, shall make full use of the Community’s system of safeguards. Article 32 The Community’s system of accounting for and control of nuclear material under this Agreement shall be based on a structure of material balance areas. The Community, in applying its safeguards, will make use of and, to the extent necessary, make provision for, as appropriate and specified in the Subsidiary Arrangements such measures as: a. A measurement system for the determination of the quantities of nuclear material received, produced, shipped, lost or otherwise removed from inventory, and the quantities on inventory; b. The evaluation of precision and accuracy of measurements and the estimation of measurement uncertainty; c. Procedures for identifying, reviewing and evaluating differences in shipper/receiver measurements; d. Procedures for taking a physical inventory; e. Procedures for the evaluation of accumulations of unmeasured inventory and unmeasured losses; f. A system of records and reports showing, for each material balance area, the inventory of nuclear material and the changes in that inventory including receipts into and transfers out of the material balance area; g. Provisions to ensure that the accounting procedures and arrangements are being operated correctly; and h. Procedures for the provision of reports to the Agency in accordance with Articles 59 to 65 and 67 to 69. Article 33 Safeguards under this Agreement shall not apply to material in mining or ore processing activities. Article 34 a. When any material containing uranium or thorium which has not reached the stage of the nuclear fuel cycle described in paragraph (c) is directly or indirectly exported to a non-nuclear-weapon State not Party to this Agreement, the Community shall inform the Agency of its quantity, composition and destination, unless the material is exported for specifically non-nuclear purposes; b. When any material containing uranium or thorium which has not reached the stage of the nuclear fuel cycle described in paragraph (c) is imported into the States, the Community shall inform the Agency of its quantity and composition, unless the material is imported for specifically non-nuclear purposes; and c. When any nuclear material of a composition and purity suitable for fuel fabrication or for isotopic enrichment leaves the plant or the process stage in which it has been produced, or when such nuclear material, or any other nuclear material produced at a later stage in the nuclear fuel cycle, is imported into the States, the nuclear material shall become subject to the other safeguards procedures specified in this Agreement. TERMINATION OF SAFEGUARDS Article 35 a. Safeguards under this Agreement shall terminate on nuclear material, under the conditions set forth in Article

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