Publication: Magyar Közlöny
Issue: MK-2006-137 (Year: 2006, Number: 137)
Era: 2004-2010
Section: 
Paragraph Index: 291

(2) 20 ton nes of tho ri um, or for suc ces si ve im ports of tho ri um each of less than 20 ton nes, but ex ce e ding a to tal of 20 ton nes for the year; it be ing un ders to od that the re is no re qu i re ment to pro vi de in for mat ion on such ma te ri al in ten ded for a non-nuc le ar use once it is in its non-nuc le ar end-use form. (vii) (a) In for mat ion re gar ding the qu an ti ti es, uses and lo ca ti ons of nuc le ar ma te ri al exemp ted from sa fe gu ards pur su ant to Ar tic le 37 of the Sa fe gu ards Ag re e ment; (b) Information regarding the quantities (which may be in the form of estimates) and uses at each location, of nuclear material exempted from safeguards pursuant to Article 36(b) of the Safeguards Agreement but not yet in a non-nuclear end-use form, in quantities exceeding those set out in Article 37 of the Safeguards Agreement. The provision of this information does not require detailed nuclear material accountancy. 2006/137. szám (viii) Information regarding the location or further processing of intermediate or high-level waste containing plutonium, high enriched uranium or uranium-233 on which safeguards have been terminated pursuant to Article 11 of the Safeguards Agreement. For the purpose of this paragraph, *further processing* does not include repackaging of the waste or its further conditioning not involving the separation of elements, for storage or disposal. (ix) The following information regarding specified equipment and non-nuclear material listed in Annex II: (a) for each export out of the Community of such equipment and material: the identity, quantity, location of intended use in the receiving State and date or, as appropriate, expected date, of export; (b) on specific request by the Agency, confirmation by the importing State of information provided to the Agency by a State outside of the Community concerning the export of such equipment and material to the importing State. (x) General plans for the succeeding 10-year period relevant to the development of the nuclear fuel cycle (including planned nuclear fuel cycle-related research and development activities) when approved by the appropriate authorities in the State. b. Each State shall make every reasonable effort to provide the Agency with the following information: (i) a general description of and information specifying the location of nuclear fuel cycle-related research and development activities not involving nuclear material which are specifically related to enrichment, reprocessing of nuclear fuel or the processing of intermediate or high-level waste containing plutonium, high enriched uranium or uranium-233 that are carried out anywhere in the State concerned but which are not funded, specifically authorised or controlled by, or carried out on behalf of, that State. For the purpose of this paragraph *processing* of intermediate or high-level waste does not include repackaging of the waste or its conditioning not involving the separation of elements, for storage or disposal. (ii) A general description of activities and the identity of the person or entity carrying out such activities, at locations identified by the Agency outside a site which the Agency considers might be functionally related to the activities of that site. The provision of this information is subject to a specific request by the Agency. It shall be provided in consultation with the Agency and in a timely fashion. c. On request by any or all of the Agency, a State or the Community, as appropriate, shall provide amplifications or clarifications of any information provided under this Article, in so far as relevant for the purpose of safeguards. Article 3 a. Each State or the Community, or both, as appropriate, shall provide to the Agency the information identified in Article 2(a)(i), (iii), (iv), (v), (vi), (a), (vii), and (x) and Article 2(b)(i) within 180 days of the entry into force of this Protocol. b. Each State or the Community, or both, as appropriate, shall provide to the Agency, by 15 May of each year, updates of the information referred to in paragraph (a) for the period covering the previous calendar year. If there has been no change to the information previously provided, each State or the Community, or both, as appropriate, shall so indicate. c. The Community shall provide to the Agency, by 15 May of each year, the information identified in Article 2(a)(vi)(b) and (c) for the period covering the previous calendar year. d. Each State shall provide to the Agency on a quarterly basis the information identified in Article 2(a)(ix)(a). This information shall be provided within 60 days of the end of each quarter. e. The Community and each State shall provide to the Agency the information identified in Article 2(a)(viii) 180 days before further processing is carried out and, by 15 May of each year, information on changes in location for the period covering the previous calendar year. f. Each State and the Agency shall agree on the timing and frequency of the provision of the information identified in Article 2(a)(ii). g. Each State shall provide to the Agency the information in Article 2(a)(ix)(b) within 60 days of the Agency’s request. Complementary access Article 4 The following shall apply in connection with the implementation of complementary access under Article 5 of this Protocol: a. The Agency shall not mechanistically or systematically seek to verify the information referred to in Article 2; however, the Agency shall have access to: (i) Any location referred to in Article 5(a)(i) or (ii) on a selective basis in order to assure the absence of undeclared nuclear material and activities; (ii) Any location referred to in Article 5(b) or (c) to resolve a question relating to the correctness and completeness of the information provided 2006/137. szám pursuant to Article 2 or to resolve an inconsistency relating to that information; (iii) Any location referred to in Article 5(a)(iii) to the extent necessary for the Agency to confirm, for safeguards purposes, the Community’s, or, as appropriate, a State’s declaration of the decommissioned status of a facility or location outside facilities where nuclear material was customarily used. b. (i) Except as provided in paragraph (ii), the Agency shall give the State concerned, or for access under Article 5(a) or under Article 5(c) where nuclear material is involved, the State concerned and the Community, advance notice of access of at least 24 hours. (ii) For access to any place on a site that is sought in conjunction with design information verification visits or ad hoc or routine inspections on that site, the period of advance notice shall, if the Agency so requests, be at least two hours but, in exceptional circumstances, it may be less than two hours. c. Advance notice shall be in writing and shall specify the reasons for access and the activities to be carried out during such access. d. In the case of a question or inconsistency, the Agency shall provide the State concerned and, as appropriate, the Community with an opportunity to clarify and facilitate the resolution of the question or inconsistency. Such an opportunity will be provided before a request for access, unless the Agency considers that delay in access would prejudice the purpose for which the access is sought. In any event, the Agency shall not draw any conclusions about the question or inconsistency until the State concerned and, as appropriate, the Community have been provided with such an opportunity. e. Unless otherwise agreed to by the State concerned, access shall only take place during regular working hours. f. The State concerned, or for access under Article 5(a) or under Article 5(c) where nuclear material is involved, the State concerned and the Community, shall have the right to have agency inspectors accompanied during their access by its representatives and, as appropriate, by Community inspectors provided that Agency inspectors shall not thereby be delayed or otherwise impeded in the exercise of their functions. Article 5 Each State shall provide the Agency with access to: a. (i) Any place on a site; (ii) Any location identified under Article 2(a)(v) to (viii); (iii) Any decommissioned facility or decommissioned location outside facilities where nuclear material was customarily used. b. Any location identified by the State concerned under Article 2(a)(i), Article 2(a)(iv), Article 2(a)(ix)(b) or Article 2(b), other than those referred to in paragraph (a)(i), provided that if the State concerned is unable to provide such access, that State shall make every reasonable effort to satisfy Agency requirements, without delay, through other means. c. Any location specified by the Agency, other than locations referred to in paragraphs (a) and (b), to carry out location-specific environmental sampling, provided that if the State concerned is unable to provide such access, that State shall make every reasonable effort to satisfy Agency requirements, without delay, at adjacent locations or through other means. Article 6 When implementing Article 5, the Agency may carry out the following activities: a. For access in accordance with Article 5(a)(i) or (iii): visual observation; collection of environmental samples; utilisation of radiation detection and measurement devices; application of seals and other identifying and tamper indicating devices specified in Subsidiary Arrangements; and other objective measures which have been demonstrated to be technically feasible and the use of which has been agreed by the Board of Governors (hereinafter referred to as *the Board*) and following consultations between the Agency, the Community and the State concerned. b. For access in accordance with Article 5(a)(ii): visual observation; item counting of nuclear material; non-destructive measurements and sampling; utilisation of radiation detection and measurement devices; examination of records relevant to the quantities, origin and disposition of the material; collection of environmental samples; and other objective measures which have been demonstrated to be technically feasible and the use of which has been agreed by the Board and following consultations between the Agency, the Community and the State concerned. c. For access in accordance with Article 5(b): visual observation; collection of environmental samples; utilisation of radiation detection and measurement devices; examination of safeguards relevant production and shipping records; and other objective measures which have been demonstrated to be technically feasible and the use of which has been agreed by the Board and following consultations between the Agency and the State concerned. 2006/137. szám d. For access in accordance with Article 5(c), collection of environmental samples and, in the event the results do not resolve the question or inconsistency at the location specified by the Agency pursuant to Article 5(c), utilisation at that location of visual observation, radiation detection and measurement devices, and, as agreed by the State concerned and, where nuclear material is involved, the Community, and the Agency, other objective measures. Article 7 a. Upon request by a State, the Agency and that State shall make arrangements for managed access under this Protocol in order to prevent the dissemination of proliferation sensitive information, to meet safety or physical protection requirements, or to protect proprietary or commercially sensitive information. Such arrangements shall not preclude the Agency from conducting activities necessary to provide credible assurance of the absence of undeclared nuclear materials and activities at the location in question, including the resolution of a question relating to the correctness and completeness of the information referred to in Article 2 or of an inconsistency relating to that information. b. A State may, when providing the information referred to in Article 2, inform the Agency of the places at a site or location at which managed access may be applicable. c. Pending the entry into force of any necessary Subsidiary Arrangements, a State may have recourse to managed access consistent with the provisions of paragraph (a). Article 8 Nothing in this Protocol shall preclude a State from offering the Agency access to locations in addition to those referred to in Articles 5 and 9 or from requesting the Agency to conduct verification activities at a particular location. The Agency shall, without delay, make every reasonable effort to act on such a request. Article 9 Each State shall provide the Agency with access to locations specified by the Agency to carry out wide-area environmental sampling, provided that if a State is unable to provide such access that State shall make every reasonable effort to satisfy Agency requirements at alternative locations. The Agency shall not seek such access until the use of wide-area environmental sampling and the procedural arrangements therefor have been approved by the Board and following consultations between the Agency and the State concerned. Article 10 a. The Agency shall inform the State concerned and, as appropriate, the Community of: (i) the activities carried out under this Protocol, including those in respect of any questions or inconsistencies the Agency had brought to the attention of the State concerned and, as appropriate, the Community within 60 days of the activities being carried out by the Agency. (ii) The results of activities in respect of any questions or inconsistencies the Agency had brought to the attention of the State concerned and, as appropriate, the Community as soon as possible but in any case within 30 days of the results being established by the Agency. b. The Agency shall inform the State concerned and the Community of the conclusions it has drawn from its activities under this Protocol. The conclusions shall be provided annually. Designation of Agency inspectors Article 11 a. (i) The Director-General shall notify the Community and the States of the Board’s approval of any Agency official as a safeguards inspector. Unless the Community advises the Director-General of the rejection of such an official as an inspector for the States within three months of receipt of notification of the Board’s approval, the inspector so notified to the Community and the States shall be considered designated to the States. (ii) The Director-General, acting in response to a request by the Community or on his own initiative, shall immediately inform the Community and the States of the withdrawal of the designation of any official as an inspector for the States. b. A notification referred to in paragraph (a) shall be deemed to be received by the Community and the States seven days after the date of the transmission by registered post of the notification by the Agency to the Community and the States. Visas Article 12 Each State shall, within one month of the receipt of a request therefor, provide the designated inspector 2006/137. szám specified in the request with appropriate multiple entry/exit and/or transit visas, where required, to enable the inspector to enter and remain on the territory of the State concerned for the purpose of carrying out his/her functions. Any visas required shall be valid for at least one year and shall be renewed, as required, to cover the duration of the inspector’s designation to the States. Subsidiary Arrangements Article 13 a. Where a State or the Community, as appropriate, or the Agency indicate that it is necessary to specify in subsidiary Arrangements how measures laid down in this Protocol are to be applied, that State, or that State and the Community and the Agency shall agree on such Subsidiary Arrangements within 90 days of the entry into force of this Protocol or, where the indication of the need for such Subsidiary Arrangements is made after the entry into force of this Protocol, within 90 days of the date of such indication. b. Pending the entry into force of any necessary Subsidiary Arrangements, the Agency shall be entitled to apply the measures laid down in this Protocol. Communications systems Article 14 a. Each State shall permit and protect free communications by the Agency for official purposes between Agency inspectors in that State and Agency Headquarters and/or Regional Offices, including attended and unattended transmission of information generated by Agency containment and/or surveillance or measurement devices. The Agency shall have, in consultation with the State concerned, the right to make use of internationally established systems of direct communications, including satellite systems and other forms of telecommunication, not in use in that State. At the request of a State, or the Agency, details of the implementation of this paragraph in that State with respect to the attended or unattended transmission of information generated by Agency containment and/or surveillance or measurement devices shall be specified in the Subsidiary Arrangements. b. Communication and transmission of information as provided for in paragraph (a) shall take due account of the need to protect proprietary or commercially sensitive information or design information which the State concerned regards as being of particular sensitivity. Protection of confidential information Article 15 a. The Agency shall maintain a stringent regime to ensure effective protection against disclosure of commercial, technological and industrial secrets and other confidential information coming to its knowledge, including such information coming to the Agency’s knowledge in the implementation of this Protocol. b. The regime referred to in paragraph (a) shall include, among others, provisions relating to: (i) general principles and associated measures for the handling of confidential information; (ii) conditions of staff employment relating to the protection of confidential information; (iii) procedures in cases of breaches or alleged breaches of confidentiality. c. The regime referred to in paragraph (a) above shall be approved and periodically reviewed by the Board. Annexes Article 16 a. The Annexes to this Protocol shall be an integral part thereof. Except for the purposes of amendment of Annexes I and II, the term *Protocol* as used in this instrument means this Protocol and the Annexes together. b. The list of activities specified in Annex I, and the list of equipment and material specified in Annex II, may be amended by the Board on the advice of an open-ended working group of experts established by the Board. Any such amendment shall take effect four months after its adoption by the Board. c. Annex III to this Protocol specifies how measures in this Protocol shall be implemented by the Community and the States. Entry into force Article 17 a. This Protocol shall enter into force on the day on which the Agency receives from the Community and the States written notification that their respective requirements for entry into force have been met. b. The States and the Community may, at any date before this Protocol enters into force, declare that they will apply this Protocol provisionally. 2006/137. szám c. The Director-General shall promptly inform all Member States of the Agency of any declaration of provisional application of, and of the entry into force of, this Protocol. Definitions Article 18 For the purpose of this Protocol: a. „Nuclear fuel cycle-related research and development activities” means: those activities which are specifically related to any process or system development aspect of any of the following: – conversion of nuclear material, – enrichment of nuclear material, – nuclear fuel fabrication, – reactors, – critical facilities, – reprocessing of nuclear fuel, – processing (not including repackaging or conditioning not involving the separation of elements, for storage or disposal) of intermediate or high-level waste containing plutonium, high enriched uranium or uranium-233, but do not include activities related to theoretical or basic scientific research or to research and development on industrial radioisotope applications, medical, hydrological and agricultural applications, health and environmental effects and improved maintenance. b. „Site” means: that area delimited by the Community and a State in the relevant design information for a facility, including a closed-down facility, and in the relevant information on a location outside facilities where nuclear material is customarily used, including a closed-down location outside facilities where nuclear material was customarily used (this is limited to locations with hot cells or where activities related to conversion, enrichment, fuel fabrication or reprocessing were carried out). *Site* shall also include all installations, colocated with the facility or location, for the provision or use of essential services, including: hot cells for processing irradiated materials not containing nuclear material; installations for the treatment, storage and disposal of waste; and buildings associated with specified activities identified by the State concerned under Article 2(a)(iv) above. c. „Decommissioned facility or decommissioned location outside facilities” means: an installation or location at which residual structures and equipment essential for its use have been removed or rendered inoperable so that it is not used to store and can no longer be used to handle, process or utilise nuclear material. d. „Closed-down facility or closed-down location outside facilities” means: an installation or location where operations have been stopped and the nuclear material removed but which has not been decommissioned. e. „High enriched uranium” means: uranium containing 20% or more of the isotope uranium-235. f. „Location-specific environmental sampling” means: the collection of environmental samples (e. g. air, water, vegetation, soil, smears) at, and in the immediate vicinity of, a location specified by the Agency for the purpose of assisting the Agency to draw conclusions about the absence of undeclared nuclear material or nuclear activities at the specified location. g. „Wide-area environmental sampling” means: the collection of environmental samples (e. g. air, water, vegetation, soil, smears) at a set of locations specified by the Agency for the purpose of assisting the Agency to draw conclusions about the absence of undeclared nuclear material or nuclear activities over a wide area. h. „Nuclear material” means: any source or any special fissionable material as defined in Article XX of the Statute. The term source material shall not be interpreted as applying to ore or ore residue. Any determination by the Board under Article XX of the Statute of the Agency after the entry into force of this Protocol which adds to the materials considered to be source material or special fissionable material shall have effect under this Protocol only on acceptance by the Community and the States. i. „Facility” means: (i) A reactor, a critical facility, a conversion plant, a fabrication plant, a reprocessing plant, an isotope separation plant or a separate storage installation, or (ii) Any location where nuclear material in amounts greater than one effective kilogram is customarily used. j. „Location outside facilities” means: any installation or location, which is not a facility, where nuclear material is customarily used in amounts of one effective kilogram or less. Done at Vienna in duplicate, on the twenty second day of September 1998 in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish and Swedish languages, the texts of which are equally authentic except that, in case of divergence, those texts concluded in the official languages of the IAEA Board of Governors shall prevail. ANNEX I List of activities referred to in Article 2(a)(iv) of the Protocol (i) The manufacture of centrifuge rotor tubes or the assembly of gas centrifuges. 2006/137. szám Centrifuge rotor tubes means thin-walled cylinders as described at point 5.1.1.(b) of Annex II. Gas centrifuges means centrifuges as described in the introductory note to point 5.1. of Annex II. (ii) The manufacture of diffusion barriers. Diffusion barriers means thin, porous filters as described in point 5.3.1.(a) of Annex II. (iii) The manufacture or assembly of laser-based systems. Laser-based systems means systems incorporating those items as described in point 5.7. of Annex II. (iv) The manufacture or assembly of electromagnetic isotope separators. Electromagnetic isotope separators means those items referred to in point 5.9.1. of Annex II containing ion sources as described in 5.9.1.(a) of Annex II. (v) The manufacture or assembly of columns or extraction equipment. Columns or extraction equipment means those items as described in points 5.6.1., 5.6.2., 5.6.3., 5.6.5., 5.6.6., 5.6.7. and 5.6.8. of Annex II. (vi) The manufacture of aerodynamic separation nozzles or vortex tubes. Aerodynamic separation nozzles or vortex tubes means separation nozzles and vortex tubes as described respectively in points 5.5.1. and 5.5.2. of Annex II. (vii) The manufacture or assembly of uranium plasma generation systems. Uranium plasma generation systems means systems for the generation of uranium plasma as described in point 5.8.3. of Annex II. (viii) The manufacture of zirconium tubes. Zirconium tubes means tubes as described in point 1.6. of Annex II. (ix) The manufacture or upgrading of heavy water or deuterium. Heavy water or deuterium means deuterium, heavy water (deuterium oxide) and any other deuterium compound in which the ratio of deuterium to hydrogen atoms exceeds 1:5000. (x) The manufacture of nuclear grade graphite. Nuclear grade graphite means graphite having a purity level better than five parts per million boron equivalent and with a density greater than 1,50 g/cm3. (xi) The manufacture of flasks for irradiated fuel. A flask or irradiated fuel means a vessel for the transportation and/or storage of irradiated fuel which provides chemical, thermal and radiological protection, and dissipated decay heat during handling, transportation and storage. (xii) The manufacture of reactor control rods. Reactor control rods means rods as described in point 1.4. of Annex II. (xiii) The manufacture of criticality safe tanks and vessels. Criticality safe tanks and vessels means those items as described in points 3.2. and 3.4. of Annex II. (xiv) The manufacture of irradiated fuel element chopping machines. Irradiated fuel element chopping machines means equipment as described in point 3.1. of Annex II. (xv) The construction of hot cells. Hot cells means a cell or interconnected cells totalling at least 6 m3 in volume with shielding equal to or greater than the equivalent of 0,5 m of concrete, with a density of 3,2 g/cm3 or greater, outfitted with equipment for remote operations. ANNEX II List of specified equipment and non-nuclear material for the reporting of exports and imports according to Article 2(a)(ix)

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