Containment of Nuclear Weapons Act 2003

Containment of Nuclear Weapons Act 2003 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2003 Containment of Nuclear Weapons Act 2003 Containment of Nuclear Weapons Act 2003 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 35 of 2003 CONTAINMENT OF NUCLEAR WEAPONS ACT 2003 ARRANGEMENT OF SECTIONS PART 1 Preliminary Section 1. Short title and commencement. 2. Interpretation. PART 2 Nuclear Activities, Equipment and Material 3. Production, use, etc., of equipment, material, etc., prohibited unless authorised. PART 3 Inspection and Enforcement 4. Designation of National Authority. 5. International inspectors. 6. Authorised officers. 7. Inspections. 8. Members of Garda Síochána to have powers of authorised officers in certain circumstances. PART 4 Miscellaneous 9. Information and documents. 10. Disclosure of information. 11. Privileged information and evidence. 12. Giving of false or misleading information. 13. Regulations. 14. Offences and penalties. 15. Forfeiture. 16. Prosecution of summary offences. 17. Expenses of Minister. SCHEDULE Acts Referred to Radiological Protection Act 1991 1991, No. 9 Number 35 of 2003 CONTAINMENT OF NUCLEAR WEAPONS ACT 2003 AN ACT TO IMPLEMENT THE STATE'S OBLIGATIONS UNDER THE PROTOCOL, DONE AT VIENNA ON 22 SEPTEMBER 1998, ADDITIONAL TO THE AGREEMENT, DONE AT BRUSSELS ON 5 APRIL 1973, BETWEEN NON-NUCLEAR WEAPONS STATES OF THE EUROPEAN ATOMIC ENERGY COMMUNITY, 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, WHICH SAID TREATY WAS DONE AT LONDON, MOSCOW AND WASHINGTON ON 1 JULY 1968 AND TO PROVIDE FOR RELATED MATTERS. [17th November, 2003] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART 1 Preliminary Short title and commencement. 1.—(1) This Act may be cited as the Containment of Nuclear Weapons Act 2003. (2) This Act comes into operation on such day as the Minister by order appoints. Interpretation. 2.—(1) In this Act, unless the context otherwise requires— “this Act” includes regulations made under section 13 ; “Agency” means the International Atomic Energy Agency; “authorised officer” means— (a) an officer of the National Authority appointed under section 6 (1) to be an authorised officer, or (b) an international inspector; “function” includes power and duty; “international inspector” means a person who holds a certificate issued under section 5 (1); “Minister” means the Minister for the Environment, Heritage and Local Government; “National Authority” means the Radiological Protection Institute of Ireland, or any other authority designated by regulations made under section 13 to be the National Authority in place of that Institute; “place” includes any means of transport and any building or structure on land, including land covered by water; “prescribed” means prescribed by regulations made under section 13 ; “the Protocol” means the Protocol done at Vienna on 22 September 1998, additional to the Agreement between Non-Nuclear Weapons States of the European Atomic Energy Community, 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, which, for convenience of reference, is set out in the English language, in the Schedule to this Act; “thing” includes any equipment, material or substance relevant to the information to be provided in Article 2 or Annex III of the Protocol or listed in Annex I or II. (2) Unless the context otherwise requires, all words and expressions used in this Act have the same meaning as in the Protocol. (3) In this Act— (a) a reference to a section is a reference to a section of this Act, unless it is indicated that reference to some other enactment is intended, (b) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended, and (c) a reference to an Annex by number is a reference to the Annex so numbered, to the Protocol. PART 2 Nuclear Activities, Equipment and Material Production, use, etc., of equipment, material, etc., prohibited unless authorised. 3.—(1) Except as authorised by regulations made under section 13 , a person shall not— (a) engage in an activity listed in Annex I or relevant to the information to be provided in Article 2 of the Protocol, or (b) produce, use, acquire, transfer or process any equipment or material listed in Annex I or II. (2) A person who contravenes subsection (1) is guilty of an offence and is liable— (a) on summary conviction, to a fine not exceeding €3,000, or to imprisonment for a term not exceeding 6 months, or both, or (b) on conviction on indictment, to a fine not exceeding €500,000, or to imprisonment for a term not exceeding 4 years, or both. PART 3 Inspection and Enforcement Designation of National Authority. 4.—(1) The Radiological Protection Institute of Ireland is the designated National Authority for the purpose of carrying out the State's obligations under the Protocol. (2) The Radiological Protection Institute of Ireland has such powers as are necessary to enable it to perform its function as the National Authority under this Act. International inspectors. 5.—(1) The National Authority or the Minister for Enterprise, Trade and Employment may issue to any person who is a member of an inspection team of the Agency that has been authorised under the Protocol to conduct on behalf of the Agency inspections in the State under Articles 4 to 9 of the Protocol, a certificate— (a) identifying the person by name and indicating the person's status and authority to conduct inspections in the State, (b) specifying any prescribed privileges and immunities applicable to the person, and (c) setting out such other information and any conditions (including restrictions) applicable to the person's inspection activities in the State as the National Authority or the Minister for Enterprise, Trade and Employment, as the case may be, considers appropriate. (2) Subject to such conditions, if any, as are applicable to the person's inspection activities in the State set out in the certificate, an international inspector has all the powers of an authorised officer. (3) An international inspector shall, on the request of a person in charge of a place to be inspected by the international inspector, show the certificate to that person. Authorised officers. 6.—(1) The National Authority or the Minister for Enterprise, Trade and Employment may appoint such and so many officers of the Authority or the Minister as the National Authority or the Minister, as the case may be, thinks fit, to be authorised officers for the purposes of this Act. (2) The National Authority or the Minister for Enterprise, Trade and Employment, as the case may be, shall issue to every such authorised officer a warrant of the officer's appointment and, when exercising a power conferred on an authorised officer under this Act the officer shall, on being so requested by a person affected, show the warrant to that person. Inspections. 7.—(1) An authorised officer may, for the purposes of ensuring that this Act is being complied with— (a) at any reasonable time and consistent with the provisions of the Protocol, enter any place (with reasonable force if necessary, provided it is authorised by a warrant under subsection (5))— (i) in respect of which under section 9 information has been or is required to be provided, or (ii) in, at or on which there are reasonable grounds to believe an offence against this Act has been or is being committed, (b) inspect the place, (c) request any person in, at or on the place to give to the authorised officer access to any area, or thing in, at or on the place, (d) secure under a warrant under subsection (5), for later inspection, any such place or area, or any thing in, at or on the place, (e) examine any thing in, at or on the place, (f) request any person in charge of or employed in, at or on the place to produce to the authorised officer such information contained in the records, files, papers or electronic information systems kept in, at or on, or used in relation to, the place and, in the case of such information in a non-legible form, to reproduce it in a legible form, (g) inspect and take copies of or extracts from any such records, files, papers or electronic information systems in, at or on the place, including in the case of information in a non-legible form, copies of or extracts from such information in a permanent legible form, (h) remove and retain, under a warrant under subsection (5), those records, files or papers, or equipment used in such information systems, for such period as may be reasonable for further examination or until the conclusion of any legal proceedings, (i) have photographs taken of any thing in, at or on the place and remove the photographs from the place, (j) where appropriate, install, use and maintain in, at or on the place monitoring instruments, systems and seals, in a manner consistent with the Protocol, (k) require any person in, at or on the place to give to the authorised officer any information that the officer may reasonably require in the inspection or investigation, (l) take samples for analysis of any thing in, at or on the place, without payment, and analyse those samples or remove them from the place for analysis outside the place, (m) as regards any thing the authorised officer finds in, at or on the place, require any person in, at or on the place, or who appears to the officer to be in possession of the thing, to supply without payment, for test, examination or analysis, sufficient samples thereof, (n) cause any thing found in, at or on the place the possession or use of which appears to the authorised officer to constitute an offence under this Act, to be dismantled or subjected to any process or test (but not so as to damage or destroy it unless it is in the circumstances necessary for the purposes of this Act, and where an authorised officer proposes to exercise this power in the case of a thing found in, at or on the place, the officer shall, if required by a person who at the time is present in, at or on and has responsibility in relation to the place, cause anything which is to be done by virtue of that power to be done in the presence of that person), (o) take possession of any such thing in, at or on the place and retain it for so long as is necessary for all or any of the following purposes: (i) to examine or arrange for its examination and do to it anything that he or she has power to do under paragraph (h), (ii) to ensure that it is not tampered with before the examination is completed, (iii) to ensure that it is available for use as evidence in any proceedings, (p) require any person in, at or on the place to afford the authorised officer such facilities and assistance within the person's control or responsibilities as are reasonably necessary to enable the officer to exercise any of the powers conferred on an authorised officer by or under this Act, and (q) exercise such other powers as may be necessary to ensure that this Act or the Protocol is complied with. (2) Before exercising a power to take possession of, seize, remove or retain conferred by subsection (1) in the case of any thing, an authorised officer shall, so far as it is reasonably practicable to do, consult such persons as appear to him or her to be appropriate for the purposes of ascertaining what danger, if any, there may be in doing anything that he or she proposes to do under that power. (3) An authorised officer shall not, except with the consent of the occupier, enter a private dwelling unless he or she has obtained a warrant under subsection (5) authorising such entry. (4) Where an authorised officer in the exercise of his or her powers under this section is prevented from entering any place, an application may be made to the District Court for a warrant under subsection (5) authorising such entry. (5) Without prejudice to the powers conferred on an authorised officer by or under any other provision of this section, if a judge of the District Court is satisfied on the sworn information of an authorised officer that there are reasonable grounds for suspecting that there is information required by an authorised officer under this section held in, at or on any place, or there is a thing that an authorised officer requires to inspect for the purposes of this Act, or that such an inspection is likely to disclose evidence of a contravention of this Act, the judge may issue a warrant authorising an authorised officer, accompanied by other authorised officers or members of the Garda Síochána, at any time or times within one month from the date of issue of the warrant, to enter the place, if necessary by the use of reasonable force, and exercise all or any of the powers conferred on an authorised officer by or under this Act. (6) An application for a warrant under subsection (5) shall be made to the judge of the District Court in the district court district in which the place is situated. (7) Where, by or under this section, a warrant under subsection (5) would otherwise be required to exercise a power, it is not so required if the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be practicable to obtain the warrant. (8) An authorised officer, where he or she considers it necessary, may be accompanied by a member of the Garda Síochána when exercising a power conferred on an authorised officer by or under this Act. (9) A person who— (a) obstructs or interferes with an authorised officer in the exercise of the officer's powers under this Act, (b) refuses or fails to comply with a request by an authorised officer under this Act, or (c) makes a statement to an authorised officer which the person knows to be false or misleading or which he or she does not believe to be true, is guilty of an offence. Members of Garda Síochána to have powers of authorised officers in certain circumstances. 8.—Where a member of the Garda Síochána suspects, on reasonable grounds, that an offence under this Act has been or is being committed in, at or on any place or by any person, the member has and may exercise in relation to that place or person, in addition to any powers that he or she may have by virtue of being a member of the Garda Síochána, any of the powers of an authorised officer under this Act. PART 4 Miscellaneous Information and documents. 9.—A person who— (a) does anything under an authorisation under regulations made under section 13 and referred to in section 3 , (b) engages in an activity listed in Annex I or relevant to the information to be provided in Article 2 of the Protocol or Annex III, (c) produces, uses, acquires, transfers or processes any equipment or material listed in Annex I or II, whether or not authorised as referred to in paragraph (a), or (d) imports into the State from any other Member State of the European Community equipment or non-nuclear material referred to in Annex III or exports such equipment or material from the State to any other Member State of the European Community, shall— (i) provide the prescribed information, at the prescribed time and in the prescribed form, to the National Authority, the Minister for Enterprise, Trade and Employment or the Revenue Commissioners, as the case may be, and (ii) keep and maintain the prescribed documents in the State, at the person's place of business or at such other place as may be designated by the National Authority, in the prescribed manner and for the prescribed period and, on request by the National Authority, the Minister for Enterprise, Trade and Employment or the Revenue Commissioners, provide the documents to the National Authority, the Minister for Enterprise, Trade and Employment or the Revenue Commissioners, as the case may be. Disclosure of information. 10.—(1) The National Authority, the Minister for Enterprise, Trade and Employment or the Revenue Commissioners may send a notice to any person who it or he or she believes, on reasonable grounds, has information or documents relevant to the enforcement of this Act or the Protocol, requesting the person to provide the information or document to the National Authority, the Minister for Enterprise, Trade and Employment or the Revenue Commissioners, as the case may be. (2) A person who receives a notice referred to in subsection (1) shall provide the requested information and documents as requested in the form and within the time specified in the notice. Privileged information and evidence. 11.—(1) Subject to this section, information and documents obtained pursuant to this Act or the Protocol are privileged. (2) Information and documents are not privileged to the extent that they are required to be disclosed or communicated for the purposes of an emergency involving public safety. (3) No person in possession of privileged information or documents shall knowingly, without the written consent of the person from whom they were obtained, communicate it or them or allow it or them to be communicated to any person, or allow any person to have access to it or them, except— (a) for the purposes of the enforcement of this Act or of giving effect to the Protocol, or (b) pursuant to an obligation of the State under the Protocol. (4) Notwithstanding any other Act or law, no person is required, in connection with any legal proceedings, to produce any statement or other record containing privileged information or documents, or to give evidence relating to it or them, unless the proceedings relate to the enforcement of this Act. Giving of false or misleading information. 12.—A person who knowingly or recklessly makes a statement which is false or misleading in a material particular in giving any information to— (a) the National Authority, the Minister for Enterprise, Trade and Employment or the Revenue Commissioners or an authorised officer, for the purposes of this Act, or (b) an international inspector exercising powers under section 5 or 7 , is guilty of an offence. Regulations. 13.—(1) The Minister may, in consultation with the Minister for Enterprise, Trade and Employment or, as the case requires, the Revenue Commissioners, for the primary purpose of facilitating the gathering of information and the monitoring of activities relating to the location, quantities and movement in, into and out of the State of things for the purposes of the Protocol, make such regulations as he or she considers necessary or expedient for carrying out and giving effect to this Act and the Protocol. (2) Without prejudice to the generality of subsection (1), the regulations may— (a) designate an authority to be the National Authority for the purposes of this Act in place of the Radiological Protection Institute of Ireland, (b) assign to the National Authority, the Minister for Enterprise, Trade and Employment and the Revenue Commissioners authority and responsibility for the performance of functions of the State under the Protocol, relating to— (i) the collection and reporting of information about the location, construction of and activities at facilities, (ii) the format and procedures for the collection and transfer of information for the purposes of the Protocol, (iii) the scale of operations and estimation of production capacity at facilities, (iv) the location within the State, and import and export of, equipment and material, and (v) the location within the State, and use or proposed use, of materials of or in excess of particular quantities, and regulate the performance of those functions and responsibilities, (c) prescribe matters in respect of which the implementation of specified provisions of the Protocol that is the responsibility of the State may be entrusted to the Commission of the European Communities as provided in Annex III, (d) prescribe conditions under which activities referred to in section 3 (a) or (b) may be carried on, under licence or otherwise, so that there is a full disclosure and assurance of the provision of information for the purposes of the Protocol, (e) provide for the issue, variation, suspension and cancellation of licences for the carrying out of such activities, (f) provide for the payment of fees, and the manner of calculating the fees, in respect of such licences, (g) prescribe the extent to which licensing functions performed by the Radiological Protection Institute of Ireland under section 30 of the Radiological Protection Act 1991 , as amended, may govern the carrying on of an activity referred to in section 3 , (h) regulate access to locations and facilities within the State by the Agency and officials of the Agency in accordance with the Protocol, (i) regulate the privileges and immunities of officials of the Agency by reference to the Agreement on the Privileges and Immunities of the International Atomic Energy Agency approved by the Board of Governors of the Agency on 1 July 1959, the instrument of acceptance of which was deposited by the State on 29 February 1972, (j) prescribe the procedures to be followed by authorised officers performing their functions under this Act or for the purposes of the Protocol, and (k) prescribe anything that by this Act is required or permitted to be prescribed. (3) Regulations made under this section shall be laid before each House of the Oireachtas as soon as may be after they are made and, if a resolution annulling a regulation is passed by either House within the next 21 days on which that House has sat after a regulation is laid before it, the regulation is annulled accordingly but without prejudice to the validity of anything previously done under the regulation. Offences and penalties. 14.—(1) A person who contravenes section 7 (9), 9 , 10 , 11 (3) or 12 or a regulation made under section 13 is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000, or to imprisonment for a term not exceeding 6 months, or both. (2) Where an offence under this Act is committed by a body corporate or by a person acting on behalf of a body corporate and is proved to have been so committed with the consent, connivance or approval of, or to have been attributable to any neglect on the part of, any person who, when the offence was committed, was a director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, that person (as well as the body corporate) is guilty of an offence and is liable to be proceeded against and punished as if guilty of the offence committed by the body corporate. Forfeiture. 15.—(1) Where a person is convicted of an offence under section 3 , the court by which he or she is convicted may order that any thing listed in Annex I or II or other thing seized, by means of or in respect of which the offence was committed, be forfeited to the State, and anything so forfeited shall be disposed of as the Minister may direct. (2) Where any thing listed in Annex I or II or other thing has been seized under this Act and the owner of the thing, or the person in whose possession it was at the time of seizure, consents in writing to its forfeiture, it is forfeited to the State and shall be disposed of as the Minister may direct. (3) An authorised officer may apply for an order (“forfeiture order”) for the forfeiture of any thing listed in Annex I or II or other thing to the State, whether or not a person has been convicted of or charged with an offence under this Act in relation to it and whether or not the owner or person who has the right to its possession is within the jurisdiction of the State or, after reasonable inquiry, can be found, on the grounds that the possession of the thing in the circumstances in which it was found is prohibited under this Act or the Protocol. (4) An application under subsection (3) shall be made to a judge of the District Court in whose district court district the owner or person who has a right to possession resides or carries on business, or if that person is not within the jurisdiction of the State or cannot, after reasonable inquiry, be found, to a judge of the District Court in whose district court district the thing is located. (5) Any person aggrieved by a forfeiture order or by a decision of the District Court not to make such an order, may appeal to the Circuit Court in whose circuit a forfeiture order has been made or refused, against that order or decision by the District Court. (6) Where the District Court makes a forfeiture order, the order so made may contain such provisions as appear to the court to be appropriate for delaying the coming into force of the order (including provisions relating to the custody and safe storage of the thing) pending the making and determination of any appeal. (7) Where a thing listed in Annex I or II or other thing is forfeited under a forfeiture order under subsection (3), it shall be destroyed, denatured, adapted for lawful use or otherwise dealt with in accordance with such directions, not in conflict with the Protocol, as the Minister may give. (8) A thing may be seized and forfeited under this section notwithstanding that it may be affixed to land, and an authorised officer may, with such reasonable force and assistance as is necessary to achieve that purpose, sever the thing from the land. Prosecution of summary offences. 16.—Proceedings in relation to a summary offence under this Act may be brought and prosecuted by the National Authority or the Minister for Enterprise, Trade and Employment, as the case may be. Expenses of Minister. 17.—The expenses incurred by the Minister or the Minister for Enterprise, Trade and Employment or the Revenue Commissioners in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas. SCHEDULE Protocol Additional Section 2(1). . TO THE AGREEMENT BETWEEN THE REPUBLIC OF AUSTRIA, THE KINGDOM OF BELGIUM, THE KINGDOM OF DENMARK, THE REPUBLIC OF FINLAND, THE FEDERAL REPUBLIC OF GERMANY, THE HELLENIC REPUBLIC, IRELAND, THE ITALIAN REPUBLIC, THE GRAND DUCHY OF LUXEMBOURG, THE KINGDOM OF THE NETHERLANDS, THE PORTUGUESE REPUBLIC, THE KINGDOM OF SPAIN, THE KINGDOM OF SWEDEN, 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 Preamble WHEREAS the Republic of Austria, the Kingdom of Belgium, the Kingdom of Denmark, the Republic of Finland, the Federal Republic of Germany, the Hellenic Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Portuguese Republic, the Kingdom of Spain and the Kingdom of Sweden (hereinafter referred to as “the States”) and the European Atomic Energy Community (hereinafter referred to as “the Community”) are parties to an Agreement between the States, the Community and the International Atomic Energy Agency (hereinafter referred to as the “Agency”) in implementation of Article III (1) and (4) of the Treaty on the Non-Proliferation of Nuclear Weapons (hereinafter referred to as the “Safeguards Agreement”), which entered into force on 21 February 1977; AWARE OF the desire of the international community to further enhance nuclear non-proliferation by strengthening the effectiveness and improving the efficiency of the Agency's safeguards system; RECALLING that the Agency must take into account in the implementation of safeguards the need to: avoid hampering the economic and technological development in the Community or international co-operation in the field of peaceful nuclear activities; respect health, safety, physical protection and other security provisions in force and the rights of individuals; and take every precaution to protect commercial, technological and industrial secrets as well as other confidential information coming to its knowledge; WHEREAS the frequency and intensity of activities described in this Protocol shall be kept to the minimum consistent with the objective of strengthening the effectiveness and improving the efficiency of Agency safeguards; NOW THEREFORE the Community, the States and the Agency have agreed as follows: RELATIONSHIP BETWEEN THE PROTOCOL AND THE SAFEGUARDS AGREEMENT Article 1 The provisions of the Safeguards Agreement shall apply to this Protocol to the extent that they are relevant to and compatible with the provisions of this Protocol. In case of conflict between the provisions of the Safeguards Agreement and those of this Protocol, the provisions of this Protocol shall apply. PROVISION OF INFORMATION Article 2 a.   Each State shall provide the Agency with a declaration containing the information identified in sub-paragraphs (i), (ii), (iv), (ix) and (x) below. The Community shall provide the Agency with a declaration containing the information identified in sub-paragraphs (v), (vi) and (vii) below. Each State and the Community shall provide the Agency with a declaration containing the information identified in sub-paragraphs (iii) and (viii) below. (i)   A general description of and information specifying the location of nuclear fuel cycle-related research and development activities not involving nuclear material carried out anywhere that are funded, specifically authorised or controlled by, or carried out on behalf of, the State concerned. (ii)   Information identified by the Agency on the basis of expected gains in effectiveness or efficiency, and agreed to by the State concerned, on operational activities of safeguards relevance at facilities and locations outside facilities where nuclear material is customarily used. (iii) A general description of each building on each site, including its use and, if not apparent from that description, its contents. The description shall include a map of the site. (iv)  A description of the scale of operations for each location engaged in the activities specified in Annex I to this Protocol. (v)   Information specifying the location, operational status and the estimated annual production capacity of uranium mines and concentration plants and thorium concentration plants in each State, and the current annual production of such mines and concentration plants. The Community shall provide, upon request by the Agency, the current annual production of an individual mine or concentration plant. The provision of this information does not require detailed nuclear material accountancy. (vi)  Information regarding source material which has not reached the composition and purity suitable for fuel fabrication or for being isotopically enriched, as follows: (a) The quantities, the chemical composition, the use or intended use of such material, whether in nuclear or non-nuclear use, for each location in the States at which the material is present in quantities exceeding ten metric tons of uranium and/or twenty metric tons of thorium, and for other locations with quantities of more than one metric ton, the aggregate for the States as a whole if the aggregate exceeds ten metric tons of uranium or twenty metric tons of thorium. The provision of this information does not require detailed nuclear material accountancy; (b) The quantities, the chemical composition and the destination of each export from the States to a state outside the Community, of such material for specifically non-nuclear purposes in quantities exceeding: (1) Ten metric tons of uranium, or for successive exports of uranium to the same state, each of less than ten metric tons, but exceeding a total of ten metric tons for the year; (2) Twenty metric tons of thorium, or for successive exports of thorium to the same state, each of less than twenty metric tons, but exceeding a total of twenty metric tons for the year; (c) The quantities, chemical composition, current location and use or intended use of each import into the States from outside the Community of such material for specifically non-nuclear purposes in quantities exceeding: (1) Ten metric tons of uranium, or for successive imports of uranium each of less than ten metric tons, but exceeding a total of ten metric tons for the year; (2) Twenty metric tons of thorium, or for successive imports of thorium each of less than twenty metric tons, but exceeding a total of twenty metric tons for the year; it being understood that there is no requirement to provide information on such material intended for a non-nuclear use once it is in its non-nuclear end-use form. (vii)  (a)   Information regarding the quantities, uses andlocations of nuclear material exempted from safeguards pursuant to Article 37 of the Safeguards Agreement; (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. (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)   Upon 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 ten-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.   Upon request by the Agency, a State or the Community, or both, 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 above 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 sixty 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 sixty 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 completness of the information provided 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) below, 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)-(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) above, 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. above, to carry out locationspecific 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; utilization 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; utilization 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 demconstrated 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; utilization 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. 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., utilization 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 Subsidary Arrangements, a State may have recourse to managed access consistent with the provisions of paragraph a. above. 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 upon 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 question or inconsistencies the Agency had brought to the attention of the State concerned and, as appropriate, the Community within sixty 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 thirty 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. above shall be deemed to be received by the Community and the States seven days after the date of the transmission by registered mail 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 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 ninety 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 ninety 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. above 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. above 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 upon 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 date 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. c.   The Director General shall promptly inform all Member States of the Agency of any declaration or 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, co-located 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 utilize 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 percent 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 upon 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 22nd day of September 1998 in 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. Centrifuge rotor tubes means thin-walled cylinders as described in entry 5.1.1(b) of Annex II. Gas centrifuges means centrifuges as described in the Introductory Note to entry 5.1 of Annex II. (ii)  The manufacture of diffusion barriers. Diffusion barriers means thin, porous filters as described in entry 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 entry 5.7 of Annex II. (iv)  The manufacture or assembly of electromagnetic isotope separators. Electromagnetic isotope separators means those items referred to in entry 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 entries 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 entries 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 entry 5.8.3 of Annex II. (viii) The manufacture of zirconium tubes. Zirconium tubes means tubes as described in entry 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 5 parts per million boron equivalent and with a density greater than 1.50 g/cm3. (xi) The manufacture of flasks for irradiated fue …