21978A0222(01) 21978A0222(01) Agreement between the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingd
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: (
- 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 analyzed; (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 tamper-indicating 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)
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)
Article 71
(b), the Agency inspectors shall have access to any location of which the Agency has been notified in accordance with Article 92 (d) (iii) or 95 (d) (iii). (c)
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. (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
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 maximum routine inspection effort in respect of such facilities shall be determined as follows: (
- a)for reactors and sealed storage installations the maximum total of routine inspection per year shall be determined by allowing one-sixth of a man-year of inspection for each such facility; >PIC FILE= "T0013871"> (
- c)for facilities not covered by paragraph (
- 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 74 × 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 Articles 78 to 80 the criteria to be used for determining the actual number, intensity, duration, timing and mode of routine inspections 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 inventory 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 fully take into account any operational programme provided to it 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 programme 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 inspector for the States; (
- b)the Community shall inform the Director-General within 30 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 30 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 therefor. 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 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. 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 advance 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. 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 taken 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 or circumstance leads the Community to believe that there is or may have been loss of nuclear material, including the occurrence of significant delay, during a transfer into or out of the States. DEFINITIONS Article 98 For the purposes of this Agreement: 1. A. Community means both: (
- a)the legal person created by the Treaty establishing the European Atomic Energy Community (Euratom), Party to this Agreement ; and (
- b)the territories to which the Euratom Treaty applies. 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 contained plutonium; (
- b)grams of total uranium and grams of contained uranium-235 plus uranium-233 for uranium enriched in these isotopes ; and (
- c)kilograms of contained thorium, natural uranium or depleted uranium. For reporting purposes the weights of individual items in the batch shall be added together before rounding to the nearest 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 means 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 plutonium, its weight in kilograms; (
- b)for uranium with an enrichment of 0 701 (1 %) and above, its weight in kilograms multiplied by the square of its enrichment; (
- c)for uranium with an enrichment below 0 701 (1 %) and above 0 7005 (0 75 %), its weight in kilograms multiplied by 0 70001 ; and (
- d)for depleted uranium with an enrichment of 0 7005 (0 75 %) or below, and for thorium, its weight in kilograms multiplied by 0 700005. H. Enrichment means the ratio of the combined weight of the isotopes uranium-223 and uranium-235 to that of the total uranium in question. I. Facility means: (
- a)a reactor, a critical facility, a conversion plant, a fabrication plant, a reprocessing plant, an isotope separation plant or a separate storage installation ; or (
- b)any location where nuclear material in amounts greater than one effective kilogram is customarily 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)Increases: (
- 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 (
- iv)de-exemption : reapplication of safeguards on nuclear material previously exempted therefrom on account of its use or quantity. (
- b)Decreases: (
- i)export; (
- ii)domestic shipment : shipments within the States to other material balance areas 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 discards) and storages 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 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 cooperation 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 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 cooperation 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 centralized 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 arrangements. 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 coordinated 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; (
- c)the continued provision by the Community of the reports pursuant to Articles 60, 61, 63 to 65 and 67 to 69 of the Agreement, as specified in the subsidiary arrangements; (
- d)the continued application of the coordination 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 set 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 be foreseen, 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 purposes 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 cooperation 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 coordination arrangements for each type of facility set out in the subsidiary arrangements shall serve as a basis for the coordination arrangements to be specified in each facility attachment. Article 20 The specific coordination 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 these 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. 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 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 coordination 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 coordination 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 assess 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.