Publication: Magyar Közlöny
Issue: MK-2006-137 (Year: 2006, Number: 137)
Era: 2004-2010
Section: 
Paragraph Index: 8

11. Where the conditions of that article are not met, but the Community considers that the recovery of nuclear material subject to safeguards under this Agreement from residues is not for the time being practicable or desirable, the Agency and the Community shall consult on the appropriate safeguard measures to be applied. b. Safeguards under this Agreement shall terminate on nuclear material, under the conditions set forth in Article 13, provided that the Agency and the Community agree that such nuclear material is practicably irrecoverable. EXEMPTION FROM SAFEGUARDS Article 36 At the request of the Community, the Agency shall exempt nuclear material from safeguards under this Agreement, as follows: 2006/137. szám a. Special fissionable material, when it is used in gram quantities or less as a sensing component in instruments; b. nuclear material, when it is used in non-nuclear activities in accordance with Article 13, if such nuclear material is recoverable; and c. plutonium with an isotopic concentration of plutonium-238 exceeding 80%. Article 37 At the request of the Community, the Agency shall exempt from safeguards under this Agreement nuclear material that would otherwise be subject to such safeguards, provided that the total quantity of nuclear material which has been exempted in the States in accordance with this Article may not at any time exceed: a. One kilogram in total of special fissionable material, which may consist of one or more of the following: i. Plutonium; ii. Uranium with an enrichment of 0.2 (20%) and above, taken account of by multiplying its weight by its enrichment; and iii. Uranium with an enrichment below 0.2 (20%) and above that of natural uranium, taken account of by multiplying its weight by five times the square of its enrichment; b. Ten metric tons in total of natural uranium and depleted uranium with an enrichment above 0.005 (0.5%); c. Twenty metric tons of depleted uranium with an enrichment of 0.005 (0.5%) or below; and d. Twenty metric tons of thorium; or such gre a ter amo unts as may be spe ci fi ed by the Bo ard for uni form app li ca ti on. Article 38 If exempted nuclear material is to be processed or stored together with nuclear material subject to safeguards under this Agreement, provision shall be made for the re-application of such safeguards thereto. SUBSIDIARY ARRANGEMENTS Article 39 The Community shall make Subsidiary Arrangements with the Agency which shall specify in detail, to the extent necessary to permit the Agency to fulfil its responsibilities under this Agreement in an effective and efficient manner, how the procedures laid down in this Agreement are to be applied. The Subsidiary Arrangements may be extended or changed by agreement between the Agency and the Community without amendment of this Agreement. Article 40 The Subsidiary Arrangements shall enter into force at the same time as, or as soon as possible after, the entry into force of this Agreement. The Agency, The Community and the States shall make every effort to achieve their entry into force within ninety days of the entry into force of this Agreement; an extension of that period shall require agreement between the Agency, the Community and the States. The Community shall provide the Agency promptly with the information required for completing the Subsidiary Arrangements. Upon the entry into force of this Agreement, the Agency shall have the right to apply the procedures laid down therein in respect of the nuclear material listed in the inventor provided for in Article 41, even if the Subsidiary Arrangements have not yet entered into force. INVENTORY Article 41 On the basis of the initial report referred to in Article 62, the Agency shall establish a unified inventory of all nuclear material in the State subject to safeguards under this Agreement, irrespective of its origin, and shall maintain this inventory on the basis of subsequent reports and of the results of its verification activities. Copies of the inventory shall be made available to the Community at intervals to be agreed. DESIGN INFORMATION General provisions Article 42 Pursuant to Article 8, design information in respect of existing facilities shall be provided to the Agency by the Community during the discussion of the Subsidiary Arrangements. The time limits for the provisions of design information in respect of the new facilities shall be specified in the Subsidiary Arrangements and such information shall be provided as early as possible before nuclear material is introduced into a new facility. Article 43 The design information to be provided to the Agency shall include, in respect of each facility, when applicable: a. The identification of the facility, stating its general character, purpose, nominal capacity and geographic 2006/137. szám location, and the name and address to be used for routine business purposes; b. A description of the general arrangement of the facility with reference, to the extent feasible, to the form, location and flow of nuclear material and to the general layout of important items of equipment which use, produce or process nuclear material; c. A description of features of the facility relating to material accountancy, containment and surveillance; and d. A description of the existing and proposed procedures at the facility for nuclear material accountancy and control, with special reference to material balance areas established by the operator, measurements of flow and procedures for physical inventory taking. Article 44 Other information relevant to the application of safeguards under this Agreement shall also be provided to the Agency in respect of each facility, if so specified in the Subsidiary Arrangements. The Community shall provide the Agency with supplementary information on the health and safety procedures which the Agency shall observe and with which Agency inspectors shall comply at the facility. Article 45 The Agency shall be provided by the Community with design information in respect of a modification relevant for purposes of safeguards under this Agreement for examination, and shall be informed of any change in the information provided to it under Article 44, sufficiently in advance for the safeguards procedures to be applied under this Agreement to be adjusted when necessary. Article 46 Purpose of examination of design information The design information provided to the Agency shall be used for the following purposes: a. To identify the feature of facilities and nuclear material relevant to the application of safeguards to nuclear material in sufficient detail to facilitate verification; b. To determine material balance areas to be used for accounting purposes under this Agreement and to select those strategic points which are key measurement points and which will be used to determine flow and inventory of nuclear material in determining such material balance areas the following criteria shall, inter alia, be used: i. The size of the material balance area shall be related to the accuracy with which the material balance can be established; ii. In determining the material balance area advantage shall be taken of any opportunity to use containment and surveillance to help ensure the completeness of flow measurements and thereby to simplify the application of safeguards and to concentrate measurement efforts at key measurement points; iii. A special material balance area may be established at the request of the Community or of the State concerned around a process step involving commercially sensitive information; c. To establish the nominal timing and procedures for taking of physical inventory of nuclear material for accounting purposes under this Agreement; d. To establish the records and reports requirements and records evaluation procedures; e. To establish requirements and procedures for verification of the quantity and location of nuclear material; and f. To select appropriate combinations of containment and surveillance methods and techniques and the strategic points at which they are to be applied. The results of the examination of the design information, as agreed upon between the Agency and the Community, shall be included in the Subsidiary Arrangements. Article 47 Re-examination of design information Design information shall be re-examined in the light of changes in operating conditions, of developments in safeguards technology or of the experience in the application of verification procedures, with a view to modifying action pursuant to Article 46. Article 48 Verification of design information The Agency, in co-operation with the Community and the State concerned may send inspectors to facilities to verify the design information provided to the Agency pursuant to Article 42 to 4 for the purposes stated in Article 46. INFORMATION IN RESPECT OF NUCLEAR MATERIAL OUTSIDE FACILITIES Article 49 The Agency shall be provided by the Community with the following information when nuclear material is to be customarily used outside facilities, as applicable: 2006/137. szám a. A general description of the use of the nuclear material, its geographic location, and the user’s name and address for routine business purposes; and b. A general description of the existing and proposed procedures for nuclear material accountancy and control, as specified in the Subsidiary Arrangements. The Agency shall be informed by the Community, on a timely basis, of any change in the information provided to it under this Article. Article 50 The information provided to the Agency pursuant to Article 49 may be used, to the extent relevant, for the purposes set out in Article 46 (b) to (f). RECORDS SYSTEM General provisions Article 51 The Community shall arrange that records are kept in respect of each material balance area. The records to be kept shall be described in the Subsidiary Arrangements. Article 52 The Community shall make arrangements to facilitate the examination of records by Agency inspectors, particularly if the records are not kept in English, French, Russian or Spanish. Article 53 Records shall be retained for at least five years. Article 54 Records shall consist, as appropriate, of: a. Accounting records of all nuclear material subject to safeguards under this Agreement; and b. Operating records for facilities containing such nuclear material. Article 55 The system of measurements on which the records used for the preparation of reports are based shall either conform to the latest international standards or be equivalent in quality to such standards. Accounting records Article 56 The accounting records shall set forth the following in respect of each material balance area: a. All inventory changes, so as to permit a determination of the book inventory at any time; b. All measurement results that are used for determination of the physical inventory; and c. All adjustments and corrections that have been made in respect of inventory changes, book inventories and physical inventories. Article 57 For all inventory changes and physical inventories the records shall show, in respect of each batch of nuclear material: material identification, batch data and source data. The records shall account for uranium, thorium and plutonium separately in each batch of nuclear material. For each inventory change, the date of the inventory change and, when appropriate, the originating material balance area and the receiving material balance area or the recipient, shall be indicated. Article 58 Operating records The operating records shall set forth, as appropriate, in respect of each material balance area: a. Those operating data which are used to establish changes in the quantities and composition of nuclear material; b. The data obtained from the calibration of tank and instruments and from sampling and analyses, the procedures to control the quality of measurements and the derived estimates of random and systematic error; c. A description of the sequence of the actions taken in preparing for, and in taking, a physical inventory, in order to ensure that it is correct and complete; and d. A description of the actions taken in order to ascertain the cause and magnitude of any accidental or unmeasured loss that might occur. 2006/137. szám REPORTS SYSTEM General provisions Article 59 The Community shall provide the Agency with reports as detailed in Articles 60 to 65 and 67 to 69 in respect of nuclear material subject to safeguards under this Agreement. Article 60 Reports shall be made in English, French, Russian or Spanish, except as otherwise specified in the Subsidiary Arrangements. Article 61 Reports shall be based on the record kept in accordance with Articles 51 to 58 and shall consist, as appropriate, of accounting reports and special reports. Accounting reports Article 62 The Agency shall be provided by the Community with an initial report on all nuclear material subject to safeguards under this Agreement. The initial report shall be dispatched to the Agency within thirty days of the last day of the calendar month in which this Agreement enters into force, and shall reflect the situation as of the last day of that month. Article 63 The Community shall provided the Agency with the following accounting reports for each material balance area: a. Inventory change reports showing all changes in the inventory of nuclear material. The reports shall be dispatched as soon as possible and in any event within the time limits specified in the Subsidiary Arrangements; and b. Material balance reports showing the material balance based on a physical inventory of nuclear material actually present in the material balance area. The reports shall be dispatched as soon as possible and in any event within the time limits specified in the Subsidiary Arrangements. The reports shall be based on data available as of the date of reporting and may be corrected at a alter date, as required. Article 64 Inventory change reports shall specify identification and batch data for each batch of nuclear material, the date of the inventory change and, as appropriate, the originating material balance area and the receiving material balance area or the recipient. These reports shall be accompanied by concise notes: a. Explaining the inventory changes, on the basis of the operating data contained in the operating records provided for under Article 58(a); and b. Describing, as specified in the Subsidiary Arrangements, the anticipated operational programme, particularly the taking of a physical inventory. Article 65 The Community shall report each inventory change, adjustment and correction, either periodically in a consolidated list or individually. Inventory changes shall be reported in terms of batches. As specified in the Subsidiary Arrangements, small changes in inventory of nuclear material, such as transfers of analytical samples, may be combined in one batch and reported as one inventory change. Article 66 The Agency shall provide the Community, for the use of the interested parties, with semi-annual statements of book inventory of nuclear material subject to safeguards under this Agreement, for each material balance area, as based on the inventory change reports for the period covered by each such statement. Article 67 Material balance reports shall include the following entries unless otherwise agreed by the Agency and the Community: a. Beginning physical inventory; b. Inventory changes (first increases, then decreases); c. Ending book inventory; d. Shipper/receiver differences; e. Adjusted ending book inventory; f. Ending physical inventory; and g. Material unaccounted for. 2006/137. szám A statement of the physical inventory, listing all batches separately and specifying material identification and batch data for each batch, shall be attached to each material balance report. Article 68 Special reports The Community shall make special reports without delay: a. If any unusual incident or circumstances lead the Community to believe that there is or may have been loss of nuclear material that exceeds the limits specified for this purposed in the Subsidiary Arrangements; or b. If the containment has unexpectedly changed from that specified in the Subsidiary Arrangements to the extent that unauthorized removal of nuclear material has become possible. Article 69 Amplification and clarification of reports If the Agency so requests, the Community shall provide it with amplifications or clarifications of any report, in so far as relevant for the purpose of safeguards under this Agreement. INSPECTIONS Article 70 General provisions The Agency shall have the right to make inspections as provided for in this Agreement. Purpose of inspections Article 71 The Agency may make ad hoc inspections in order to: a. Verify the information contained in the initial report on the nuclear material subject to safeguards under this Agreement and identify and verify changes in the situation which have occurred between the date of the initial report and the date of the entry into force of the Subsidiary Arrangements in respect of a given facility; and b. Identify, and if possible verify the quantity and composition of nuclear material subject to safeguards under this Agreement in accordance with Article 93 and 96, before its transfer out of or upon its transfer into the States except for transfers within the Community. Article 72 The Agency may make routine inspections in order to: a. Verify that reports are consistent with records; b. Verify the location, identity, quantity and composition of all nuclear material subject to safeguards under this Agreement; and c. Verify information on the possible causes of material unaccounted for, shipper/receiver differences and uncertainties in the book inventory. Article 73 Subject to the procedures laid down in Article 77, the Agency may make special inspections: a. In order to verify the information contained in special reports; or b. If the Agency considers that information made available by the Community including explanations from the Community and information obtained from routine inspections, is not adequate for the Agency to fulfil its responsibilities under this Agreement. An inspection shall be deemed to be special when it is either additional to the routine inspection effort provided for in this Agreement or involves access to information or locations in addition to the access specified in Article 76 for ad hoc and routine inspections, or both. Scope of inspections Article 74 For the purposes specified in Articles 71 to 73, the Agency may: a. Examine the records kept pursuant to Articles 51 to 58; b. Make independent measurements of all nuclear material subject to safeguards under this Agreement; c. Verify the functioning and calibration of instruments and other measuring and control equipment; d. Apply and make use of surveillance and containment measures; and e. Use other objective methods which have been demonstrated to be technically feasible. Article 75 Within the scope of Article 74, the Agency shall be enabled: 2006/137. szám a. To observe that samples at key measurement points for material balance accountancy are taken in accordance with procedures which produce representative samples, to observe the treatment and analysis of the samples and to obtain duplicates of such samples; b. To observe that the measurements of nuclear material at key measurement points for material balance accountancy are representative, and to observe the calibration of the instruments and equipment involved; c. To make arrangements with the Community and to the extent necessary with the State concerned that, if necessary: i. Additional measurements are made and additional samples taken for the Agency’s use; ii. The Agency’s standard analytical samples are analysed; iii. Appropriate absolute standards are used in calibrating instruments and other equipment; and iv. Other calibrations are carried out; d. To arrange to use its own equipment for independent measurement and surveillance, and if so agreed and specified in the Subsidiary Arrangements to arrange to install such equipment; e. To apply its seals and other identifying and tamperindicating devices to containments, if so agreed and specified in the Subsidiary Arrangements; and f. To make arrangements with the Community or the State concerned for the shipping of samples taken for the Agency’s use. Access for inspections Article 76 a. For the purposes specified in Article 71(a) and until such time as the strategic points have been specified in the Subsidiary Arrangements, the Agency inspectors shall have access to any location where the initial report or any inspections carried out in connection with it indicate that nuclear material subject to safeguards under this Agreement is present; b. For the purposes specified in Article 71(b) the Agency inspectors shall have access to any location of which the Agency has been notified in accordance with Articles 92(b)(iii) or 95(d)(iii); c. For the purposes specified in Article 72 the inspectors shall have access only to the strategic points specified in the Subsidiary Arrangements and to the records maintained pursuant to Articles 51 to 58; and d. In the event of the Community concluding that any unusual circumstances require extended limitations on access by the Agency, the Community and the Agency shall promptly make arrangements with a view to enabling the Agency to discharge its safeguards responsibilities in the light of these limitations. The Director General shall report each such arrangement to the Board. Article 77 In the circumstances which may lead to special inspections for the purposes specified in Article 73 the Community and the Agency shall consult forthwith. As a result of such consultations the Agency may: a. Make inspections in addition to the routine inspection effort provided for in this Agreement; and b. Obtain access, in agreement with the Community, to information or locations in addition to those specified in Article 76. Any disagreement shall be resolved in accordance with Articles 21 and 22. In case action by the Community or a State, in so far as either Party is individually concerned, is essential and urgent, Article 18 shall apply. Frequency and intensity of routine inspections Article 78 The number, intensity and duration of routine inspections, applying optimum timing, shall be kept to the minimum consistent with the effective implementation of the safeguards procedures set forth in this Agreement, and optimum and most economical use of available inspection resources under the Agreement shall be made. Article 79 The Agency may carry out one routine inspection per year in respect of facilities and material balance areas outside facilities with a content or annual throughput, whichever is greater, of nuclear material not exceeding five effective kilograms. Article 80 The number, intensity, duration, timing and mode of routine inspections in respect of facilities with a content or annual throughput of nuclear material exceeding five effective kilograms shall be determined on the basis that in the maximum or limiting case the inspection regime shall be no more intensive than is necessary and sufficient to maintain continuity of knowledge of the flow and inventory of nuclear material, and the m mum routine inspection effort in respect of such facilities should be determined as follows: a. For reactors and sealed storage installations the maximum total of routine inspection per year shall be 2006/137. szám determined by allowing one sixth of a man-year of inspection for each such facility; b. For facilities, other than reactors or sealed storage installations, involving plutonium or uranium enriched to more than 5%, the maximum total of routine inspection per year shall be determined by allowing by allowing for each such facility 30 × quare root E man-days of inspection per year, where E is the inventory or annual throughput of nuclear material, whichever is greater, expressed in effective kilograms. The maximum established for any such facility shall not, however, be less than 1.5 man-years of inspection; and c. For facilities not covered by paragraphs (a) or (b), the maximum total of routine inspection per year shall be determined by allowing for each such facility one third of a man-year of inspection plus 0.4 × E man-days of inspection per year, where E is the inventory or annual throughput of nuclear material, whichever is greater, expressed in effective kilograms. The Parties to this Agreement may agree to amend the figures for the maximum inspection effort specified in this Article, upon determination by the Board that such amendment is reasonable. Article 81 Subject to Article 78 to 80 the criteria to be used for determining the actual number, intensity, duration, timing and mode of routine inspection in respect of any facility shall include: a. The form of the nuclear material, in particular, whether the nuclear material is in bulk form or contained in a number of separate items; its chemical composition and, in the case of uranium, whether it is of low or high enrichment; and its accessibility; b. The effectiveness of the Community’s safeguards, including the extent to which the operators of facilities are functionally independent of the Community’s safeguards; the extent to which the measures specified in Article 32 have been implemented by the Community; the promptness of reports provided to the Agency; their consistency with the Agency’s independent verification; and the amount and accuracy of the material unaccounted for, as verified by the Agency; c. Characteristics of the nuclear fuel cycle in the States, in particular, the number and types of facilities containing nuclear material subject to safeguards under this Agreement, the characteristics of such facilities relevant to safeguards under this Agreement, notably the degree of containment; the extent to which the design of such facilities facilitates verification of the flow and inventor of nuclear material; and the extent to which information from different material balance areas can be correlated; d. International interdependence, in particular, the extent to which nuclear material is received from or sent to other States for use or processing; any verification activities by the Agency in connection therewith; and the extent to which the nuclear activities in each State are interrelated with those in other States; and e. Technical developments in the field of safeguards, including the use of statistical techniques and random sampling in evaluating the flow of nuclear material. Article 82 The Agency and the Community shall consult if the latter considers that the inspection effort is being deployed with undue concentration on particular facilities. Notice of inspections Article 83 The Agency shall give advance notice to the Community and to the States concerned before arrival of Agency inspectors at facilities or material balance areas outside facilities, as follows: a. For ad hoc inspections pursuant to Article 71(b), at least 24 hours; for those pursuant to Article 71(a) as well as the activities provided for in Article 48, at least one week; b. For special inspections pursuant to Article 73, as promptly as possible after the Agency and the Community have consulted as provided for in Article 77, it being understood that notification of arrival normally will constitute part of the consultations; and c. For routine inspections pursuant to Article 72, at least 24 hours in respect of the facilities referred to in Article 80(b) and sealed storage installations containing plutonium or uranium enriched to more than 5%, and one week in all other cases. Such notice of inspections shall include the names of the Agency inspectors and shall indicate the facilities and the material balance areas outside facilities to be visited and the period during which they will be visited. If the Agency inspectors are to arrive from outside the States, the Agency shall also give advance notice of the place and time of their arrival in the States. Article 84 Notwithstanding the provisions of Article 83, the Agency may, as a supplementary measure, carry out without advance notification a portion of the routine inspections pursuant to Article 80 in accordance with the principle of random sampling. In performing any unannounced inspections, the Agency shall take into account any operational programme provided to it 2006/137. szám pursuant to Article 64(b). Moreover, whenever practicable, and on the basis of the operational programme it shall advise the Community and the State concerned periodically of its general programmed of announced and unannounced inspections, specifying the general periods when inspections are foreseen. In carrying out any unannounced inspections, the Agency shall make every effort to minimize any practical difficulties for the Community and the State concerned and for facility operators, bearing in mind the relevant provisions of Articles 44 and 89. Similarly the Community and the State concerned shall make every effort to facilitate the task of Agency inspectors. Designation of Agency inspectors Article 85 The following procedures shall apply to the designation of Agency inspectors: a. The Director General shall inform the Community and the States in writing of the name, qualifications, nationality, grade and such other particulars as may be relevant, of each Agency official he proposes for designation as an Agency inspectors for the States; b. The Community shall inform the Director General within thirty days of the receipt of such a proposal whether the proposal is accepted; c. The Director General may designate each official who has been accepted by the Community and the States as one of the Agency inspectors for the States, and shall inform the Community and the States of such designations; and d. 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 Agency inspector for the States. However, in respect of Agency inspectors needed for the activities provided for in Article 48 and to carry out ad hoc inspections pursuant to Article 71 (a) the designation procedures shall be completed if possible within thirty days after the entry into force of this Agreement. If such designation appears impossible within this time limit, Agency inspectors for such purposes shall be designated on a temporary basis. Article 86 The States shall grant or renew as quickly as possible appropriate visas, where required, for each Agency inspector designated pursuant to Article 85. Conduct and visits of Agency inspectors Article 87 Agency inspectors, in exercising their functions under Articles 48 and 71 to 75, shall carry out their activities in a manner designed to avoid hampering or delaying the construction, commissioning or operation of facilities, or affecting their safety. In particular, Agency inspectors shall not operate any facility themselves or direct the staff of a facility to carry out any operation. If Agency inspectors consider that in pursuance of Articles 74 and 75, particular operations in a facility should be carried out by the operator, they shall make a request therefore. Article 88 When Agency inspectors require services available in a State, including the use of equipment, in connection with the performance of inspections, the State concerned and the Community shall facilitate the procurement of such services and the use of such equipment by Agency inspectors. Article 89 The Community and the States concerned shall have the right to have Agency inspectors accompanied during their inspections by its inspectors and their representatives respectively, provided that Agency inspectors shall not thereby be delayed or otherwise impeded in the exercise of their functions. STATEMENT ON THE AGENCY’S VERIFICATION ACTIVITIES Article 90 The Agency shall inform the Community for the use of the interested parties of: a. The results of its inspections, at intervals to be specified in the Subsidiary Arrangements; and b. The conclusions it has drawn from its verification activities. TRANSFERS INTO OR OUT OF THE STATES Article 91 General provisions Nuclear material subject or required to be subject to safeguards under this Agreement which is transferred into 2006/137. szám or out of the States shall, for purposes of this Agreement, be regarded as being the responsibility of the Community and of the State concerned: a. In the case of transfers into the States, from the time that such responsibility ceases to lie with the State from which the material is transferred, and no later than the time at which the material reaches its destination; and b. In the case of transfers out of the States up to the time at which the recipient State has such responsibility, and no later than the time at which the nuclear material reaches its destination. The point at which the transfer of responsibility will take place shall be determined in accordance with suitable arrangements to be made by the Community and the State concerned, on the one hand, and the state to which or from which the nuclear material is transferred, on the other hand. Neither the Community nor a State shall be deemed to have such responsibility for nuclear material merely by reason of the fact that the nuclear material is in transit on or over a State’s territory, or that it is being transported on a ship under a State’s flag or in the aircraft of a State. Transfers out of the States Article 92 a. The Community shall notify the Agency of any intended transfer out of the States of nuclear material subject to safeguards under this Agreement if the shipment exceeds one effective kilogram, or, for facilities which normally transfer significant quantities to the same State in shipments each not exceeding one effective kilogram, if so specified in the Subsidiary Arrangements. b. Such notification shall be given to the Agency after the conclusion of the contractual arrangements leading to the transfer and within the time limit specified in the Subsidiary Arrangements. c. The Agency and the Community may agree on different procedures for advance notification. d. The notification shall specify: i. The identification and, if possible, the expected quantity and the composition of the nuclear material to be transferred, and the material balance area from which it will come; ii. The State for which the nuclear material is destined; iii. The dates on and locations at which the nuclear material is to be prepared for shipping; iv. The approximate dates of dispatch and arrival of the nuclear material; and v. At what point of the transfer the recipient State will assume responsibility for the nuclear material for the purpose of this Agreement, and the probable date on which that point will be reached. Article 93 The notification referred to in Article 92 shall be such as to enable the Agency to make, if necessary, an ad hoc inspection to identify, and if possible verify the quantity and composition of the nuclear material before it is transferred out of the States, except for transfers within the Community and, if the Agency so wishes or the Community so requests, to affix seals to the nuclear material when it has been prepared for shipping. However, the transfer of the nuclear material shall not be delayed in any way by any action taken or contemplated by the Agency pursuant to such a notification. Article 94 If nuclear material will not be subject to Agency safeguards in the recipient State the Community shall make arrangements for the Agency to receive within three months of the time when the recipient State accepts responsibility for the nuclear material, confirmation by the recipient State of the transfer. Transfers into the States Article 95 a. The Community shall notify the Agency of any expected transfer into the States of nuclear material required to be subject to safeguards under this Agreement if the shipment exceeds one effective kilogram, or, for facilities to which significant quantities are normally transferred from the same State in shipments each not exceeding one effective kilogram, if so specified in the Subsidiary Arrangements. b. The Agency shall be notified as much in advanced as possible of the expected arrival of the nuclear material, and in any case within the time limits specified in the Subsidiary Arrangements. c. The Agency and the Community may agree on different procedures for advance notification. d. The notification shall specify: i. The identification and, if possible, the expected quantity and composition of the nuclear material; ii. At what point of the transfer the Community and the State concerned will have responsibility for the nuclear material for the purpose of this Agreement, and the probable date on which that point will be reached; and iii. The expected date of arrival, the location where, and the date on which, the nuclear material is intended to be unpacked. 2006/137. szám Article 96 The notification referred to in Article 95 shall be such as to enable the Agency to make, if necessary, an ad hoc inspection to identify, and if possible verify the quantity and composition of, the nuclear material transferred into the States, except for transfers within the Community, at the time the consignment is unpacked. However, unpacking shall not be delayed by any action take or contemplated by the Agency pursuant to such a notification. Article 97 Special reports The Community shall make a special report as envisaged in Article 68 if any unusual incident of circumstances lead the Community to believe that there is or may have been loss of nuclear material, including the occurrence of significant delay, during transfer into or out of the States. DEFINITIONS Article 98 For the purposes of this Agreement: 1. A. Community means both: a. the le gal per son cre a ted by the Tre aty es tab lis hing the Eu ro pe an Ato mic Energy Com mu nity (EURATOM), Party to this Ag re e ment; and b. the ter ri to ri es to which the EURATOM Tre aty app li es. B. States means the non-nuclear-weapon States Members of the Community, Party to this Agreement. 2. A. Adjustment means an entry into an accounting record or a report showing a shipper/receiver difference or material unaccounted for. B. Annual throughput means, for the purposes of Articles 79 and 80, the amount of nuclear material transferred annually out of a facility working at nominal capacity. C. Batch means a portion of nuclear material handled as a unit for accounting purposes at a key measurement point and for which the composition and quantity are defined by a single set of specifications or measurements. The nuclear material may be in bulk form or contained in a number of separate items. D. Batch data means the total weight of each element of nuclear material and, in the case of plutonium and uranium, the isotopic composition when appropriate. The units of account shall be as follows: a. grams of con ta i ned plu to ni um; b. grams of to tal ura ni um and grams of con ta i ned ura ni um-235 plus ura ni um-233 for ura ni um en ri - ched in the se isotopes; and c. ki lo grams of con ta i ned tho ri um, na tu ral ura ni um or dep le ted ura ni um. For re port ing pur po ses the we ights of in di vi du al items in the batch shall be ad ded to get her be fo re ro un ding to the ne a rest unit. E. Book inventory of a material balance area means the algebraic sum of the most recent physical inventory of that material balance area and of all inventory changes that have occurred since that physical inventory was taken. F. Correction mean an entry into an accounting record or a report to rectify an identified mistake or to reflect an improved measurement of a quantity previously entered into the record or report. Each correction must identify the entry to which it pertains. G. Effective kilogram means a special unit used in safeguarding nuclear material. The quantity in effective kilograms is obtained by taking: a. For plu to ni um, its we ight in ki lo grams; b. For ura ni um with an en rich ment of 0.01 (1%) and abo ve, its we ight in ki lo grams mul tip li ed by the squ a re of its enrichment; c. For ura ni um with an en rich ment be low 0.01 (1%) and abo ve 0.005 (0.5%), its we ight in ki lo grams mul tip li ed by 0.0001; and d. For dep le ted ura ni um with an en rich ment of 0.005 (0.5%) or be low, and for tho ri um, its we ight in ki - lo grams mul tip li ed by 0.00005. H. Enrichment means the ratio of the combined weight of the isotopes uranium-233 and uranium-235 to that of the total uranium in question. I. Facility means: a. A re ac tor, a cri ti cal fa ci lity, a con ver si on plant, a fab ri ca ti on plant, a rep ro ces sing plant, an iso to pe se pa ra ti on plant or a se pa ra te sto ra ge installation; or b. Any lo ca ti on whe re nuc le ar ma te ri al in amo unts gre a ter than one ef fec ti ve ki lo gram is cus to ma rily used. J. Inventory change means an increase or decrease, in terms of batches, of nuclear material in a material balance area; such a change shall involve one of the following: a. Inc re a ses: i. import; ii. domestic receipt: receipts from within the States: from other material balance areas; from a non-safeguarded (non-peaceful) activity; at the starting point of safeguards; iii. nuclear production: production of special fissionable material in a reactor; and 2006/137. szám iv. de-exemption: reapplication of safeguards on nuclear material previously exempted therefrom on account of its use or quantity. b. Dec re a ses: i. export; ii. domestic shipment: shipments within the States to other material balance ares or for a non-safeguarded (non-peaceful) activity; iii. nuclear loss: loss of nuclear material due to its transformation into other element(s) or isotope(s) as a result of nuclear reactions; iv. measured discard: nuclear material which has been measured, or estimated on the basis of measurements, and disposed of in such a way that it is not suitable for further nuclear use; v. retained waste: nuclear material generated from processing or from an operational accident, which is deemed to be unrecoverable for the time being but which is stored; vi. exemption: exemption of nuclear material from safeguards on account of its use or quantity; and vii. other loss: for example, accidental loss (that is, irretrievable and inadvertent loss of nuclear material as the result of an operational accident) or theft. K. Key measurement point means a location where nuclear material appears in such a form that it may be measured to determine material flow or inventory. Key measurement points thus include, but are not limited to, the inputs and outputs (including measured discarded) and storage in material balance areas. L. Man-year of inspection means, for the purposes of Article 80, 300 man-days of inspection, a man-day being a day during which a single inspector has access to a facility at any time for a total of not more than eight hours. M. Material balance area means an area in or outside of a facility such that: a. The quantity of nuclear material in each transfer into or out of each material balance area can be determined; and b. The physical inventory of nuclear material in each material balance area can be determined when necessary in accordance with specified procedures, in order that the material balance for Agency safeguards purposes can be established. N. Material unaccounted for means the difference between book inventory and physical inventory. O. 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 after the entry into force of this Agreement which adds to the materials considered to be source material or special fissionable material shall have the effect under this Agreement only upon acceptance by the Community and the States. P. Physical inventory means the sum of all the measured or derived estimates of batch quantities of nuclear material on hand at a given time within a material balance area, obtained in accordance with specified procedures. Q. Shipper/receiver difference means the difference between the quantity of nuclear material in a batch as stated by the shipping material balance area and as measured at the receiving material balance area. R. Source data means those data, recorded during measurement or calibration or used to derive empirical relationships, which identify nuclear material and provide batch data. Source data may include, for example, weight of compounds, conversion factors to determine weight of element, specific gravity, element concentration, isotopic ratios, relationship between volume and manometer readings and relationship between plutonium produced and power generated. S. Strategic point means a location selected during examination of design information where, under normal conditions and when combined with the information from all strategic points taken together, the information necessary and sufficient for the implementation of safeguards measures is obtained and verified; a strategic point may include any location where key measurements related to material balance accountancy are made and where containment and surveillance measures are executed. Protocol Article 1 This Protocol amplifies certain provisions of the Agreement and, in particular, specifies the conditions and means according to which co-operation in the application of the safeguards provided for under the Agreement shall be implemented in such a way as to avoid unnecessary duplication of the Community’s safeguards activities. Article 2 The Community shall collect the information on facilities and on nuclear material outside facilities to be provided to the Agency under the Agreement on the basis of the agreed indicative questionnaire annexed to the Subsidiary Arrangements. Article 3 The Agency and the Community shall carry out jointly the examination of design information provided for in Article 46(a) to (f) of the Agreement and shall include the 2006/137. szám agreed results thereof in the Subsidiary Arrangements. The verification of design information provided for in Article 48 of the Agreement shall be carried out by the Agency in co-operation with the Community. Article 4 When providing the Agency with the information referred to in Article 2 of this Protocol, the Community shall also transmit information on the inspection methods which it proposes to use and the complete proposals, including estimates of inspection efforts for the routine inspection activities, for Attachments to the Subsidiary Arrangements for facilities and material balance areas outside facilities. Article 5 The preparation of the Attachments to the Subsidiary Arrangements shall be performed together by the Community and the Agency. Article 6 The Community shall collect the reports from the operators, keep centralised accounts on the basis of these reports and proceed with the technical and accounting control and analysis of the information received. Article 7 Upon completion of the tasks referred to in Article 6 of this Protocol the Community shall, on a monthly basis, produce and provide the Agency with the inventory change reports within the time limits specified in the Subsidiary Agreements. Article 8 Further, the Community shall transmit to the Agency the material balance reports and physical inventory listings with frequency depending on the frequency of physical inventory taking as specified in the Subsidiary Arrangements. Article 9 The form and format of reports referred to in Articles 7 and 8 of this Protocol, as agreed between the Agency and the Community, shall be specified in the Subsidiary Arrangements. Article 10 The routine inspection activities of the Community and of the Agency, including the inspections referred to in Article 84 of the Agreement, for the purposes of the Agreement, shall be co-ordinated pursuant to the provisions of Articles 11 to 23 of this protocol. Article 11 Subject to Articles 79 and 80 of the Agreement, in determining the actual number, intensity, duration, timing and mode of the Agency inspections in respect of each facility, account shall be taken of the inspection effort carried out by the Community in the framework of its multinational system of safeguards pursuant to the provisions of this Protocol. Article 12 Inspection efforts under the Agreement for each facility shall be determined by the use of the criteria of Article 81 of the Agreement. Such criteria shall be implemented by using the rules and methods set forth in the Subsidiary Arrangements which have been used for the calculation of the inspection efforts in respect of specific examples attached to the Subsidiary Arrangements. These rules and methods shall be reviewed from time to time, pursuant to Article 7 of the Agreement, to take into account new technological developments in the field of safeguards and experience gained. Article 13 Such inspection efforts, expressed as agreed estimates of the actual inspection efforts to be applied, shall be set out in the Subsidiary Arrangements together with relevant descriptions of verification approaches and scopes of inspections to be carried out by the Community and by the Agency. These inspection efforts shall constitute, under normal operating conditions and under the conditions set out below, the actual maximum inspection efforts at the facility under the Agreement: a. The continued validity of the information on Community safeguards provided for in Article 32 of the Agreement, as specified in the Subsidiary Arrangements; b. The continued validity of the information provided to the Agency in accordance with Article 2 of this Protocol; 2006/137. szám c. The continued provision by the Community of the reports pursuant to Articles 60 and 61, 63 to 65 and 67 to 69 of the Agreement, as specified in the Subsidiary Arrangements; d. The continued application of the co-ordination arrangements for inspections pursuant to Articles 10 to 23 of this Protocol, as specified in the Subsidiary Arrangements; and e. The application by the Community of its inspection effort with respect to the facility, as specified in the Subsidiary Arrangements, pursuant to this Article. Article 14 a. Subject to the conditions of Article 13 of this Protocol, the Agency inspections shall be carried out simultaneously with the inspection activities of the Community. Agency inspectors shall be present during the performance of certain of the Community inspections. b. Subject to the provisions of paragraph (a), whenever the Agency can achieve the purposes of its routine inspections et out in the Agreement, the Agency inspectors shall implement the provisions of Articles 74 and 75 of the Agreement through the observation of the inspection activities of the Community inspectors, provided, however, that: i. With respect to inspection activities of Agency inspectors to be implemented other than through the observation of the inspection activities of the Community inspectors, which can before seen, these shall be specified in the Subsidiary Arrangements; and ii. In the course of an inspection, Agency inspectors may carry out inspection activities other than through the observation of the inspection activities of the Community inspectors where they find this to be essential and urgent, if the Agency could not otherwise achieve the purpose of its routine inspections and this was unforeseeable. Article 15 The general scheduling and planning of the Community inspections under the Agreement shall be established by the Community in co-operation with the Agency. Article 16 Arrangements for the presence of Agency inspectors during the performance of certain of the Community inspections shall be agreed in advance by the Agency and the Community for each type of facility, and to the extent necessary, for individual facilities. Article 17 In order to enable the Agency to decide, based on requirements for statistical sampling, as to its presence at a particular Community inspection, the Community shall provide the Agency with an advance statement of the numbers, types and contents of items to be inspected according to the information available to the Community from the operator of the facility. Article 18 Technical procedures in general for each type of facility and, to the extent necessary, for individual facilities, shall be agreed in advance by the Agency and the Community, in particular with respect to: a. The determination of techniques for random selection of statistical samples; and b. The checking and identification of standards. Article 19 The co-ordination arrangements for each type of facility set out in the Subsidiary Arrangements shall serve as a basis for the co-ordination arrangements to be specified in each Facility Attachment. Article 20 The specific co-ordination actions on matters specified in the Facility Attachments pursuant to Article 19 of this Protocol shall be taken between Community and Agency officials designated for that purpose. Article 21 The Community shall transmit to the Agency its working papers for those inspections at which Agency inspectors were present and inspection reports for all other Community inspections performed under the Agreement. Article 22 The samples of nuclear material for the Agency shall be drawn from the same randomly selected batches of items as for the Community and shall be taken together with Community samples, except when the maintenance of or reduction to the lowest practical level of the Agency inspection effort requires independent sampling by the Agency, as agreed in advance and specified in the Subsidiary Arrangements. 2006/137. szám Article 23 The frequencies of physical inventories to be taken by facility operators and to be verified for safeguards purposes will be in accordance with those laid down as guidelines in the Subsidiary Arrangements. If additional activities under the Agreement in relation to physical inventories are considered to be essential, they will be discussed in the Liaison Committee provided for in Article 25 of this Protocol and agreed before implementation. Article 24 Whenever the Agency can achieve the purposes of its ad hoc inspections set out in the Agreement through observation of the inspection activities of Community inspectors, it shall do so. Article 25 a. With a view to facilitating the application of the Agreement and of this Protocol, a Liaison Committee shall be established, composed of representatives of the Community and of the Agency. b. The Committee shall meet at least once a year: i. To review, in particular, the performance of the co-ordination arrangements provided for in this Protocol, including agreed estimates of inspection efforts; ii. To examine the development of safeguards methods and techniques; and iii. To consider any questions which have been referred to it by the periodic meetings referred to in paragraph (c). c. The Committee shall meet periodically at a lower level to discuss, in particular and to the extent necessary, for individual facilities, the operation of the con-ordination arrangements provided for in this Protocol, including, in the light of technical and operational developments, up-dating of agreed estimates of inspection efforts with respect to changes in throughput, inventory and facility operational programmes, and the application of inspection procedures in different types of routine inspection activities and, in general terms, statistical sampling requirements. Any questions which could not be settled would be referred to the meetings mentioned in paragraph (b). d. Without prejudice to urgent actions which might be required under the Agreement, should problems arise in the application of Article 13 of this Protocol, in particular when the Agency considered that the conditions specified therein had not been met, the Committee would meet as soon as possible at the suitable level in order to asses the situation and to discuss the measures to be taken. If a problem could not be settled, the Committee may make appropriate proposals to the Parties, in particular with the view to modifying the estimates of inspection efforts for routine inspection activities. e. The Committee shall elaborate proposals, as necessary, with respect to questions which require the agreement of the Parties. Done at Brussels in duplicate, on the fifth day of April in the year one thousand nine hundred and seventy-three in the English and French languages, both texts being equally authentic.” „Megállapodás, amely létrejött a Belga Királyság, a Dán Királyság, a Németországi Szövetségi Köztársaság, Írország, az Olasz Köztársaság, a Luxemburgi Nagyhercegség, a Holland Királyság, az Európai Atomenergia-közösség és a Nemzetközi Atomenergia Ügynökség között a nukleáris fegyverek elterjedésének megakadályozásáról szóló szerzõdés III. cikke (1) és (4) bekezdésének végrehajtásáról Mi vel a Bel ga Ki rály ság, a Dán Ki rály ság, a Né met or - szá gi Szö vet sé gi Köz tár sa ság, Ír or szág, az Olasz Köz tár - sa ság, a Lu xem bur gi Nagy her ceg ség és a Hol land Ki rály - ság (a továb biak ban: az ál la mok) alá írói a nuk le á ris fegy - ve rek el ter je dé sé nek meg aka dá lyo zá sá ról szóló szer zõ - dés nek (a továb biak ban: szer zõ dés), ame lyet 1968. jú li us 1-jén Lon don ban, Moszk vá ban és Was hing ton ban ír tak alá, és amely 1970. már ci us 5-én lé pett ha tály ba; Em lé kez tet ve arra, hogy a szer zõ dés IV. cik ké nek

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