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Par Līgumu starp Beļģijas Karalisti, Dānijas Karalisti, Itālijas Republiku, Īriju, Luksemburgas Lielhercogisti, Nīderlandes Karalisti, Vācijas Federatīvo Republiku, Eiropas Atomenerģijas kopienu (Euratom) un Starptautisko atomenerģijas aģentūru, kas noslēgts, pildot III panta 1. un 4.punktu Līgumā par kodolieroču neizplatīšanu, un Papildu protokolu Līgumam starp Austrijas Republiku, Beļģijas Karalisti, Dānijas Karalisti, Somijas Republiku, Vācijas Federatīvo Republiku, Grieķijas Republiku, Īriju, Itālijas Republiku, Luksemburgas Lielhercogisti, Nīderlandes Karalisti, Portugāles Republiku, Spānijas Karalisti, Zviedrijas Karalisti, Eiropas Atomenerģijas kopienu un Starptautisko atomenerģijas aģentūru, īstenojot III panta 1. un 4.punktu Līgumā par kodolieroču neizplatīšanu
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Saeima ir pieņēmusi un Valsts
prezidents izsludina šādu likumu:
Par Līgumu starp Beļģijas Karalisti, Dānijas Karalisti, Itālijas Republiku, Īriju, Luksemburgas Lielhercogisti, Nīderlandes Karalisti, Vācijas Federatīvo Republiku, Eiropas Atomenerģijas kopienu (Euratom) un Starptautisko atomenerģijas aģentūru, kas noslēgts, pildot III panta 1. un 4.punktu Līgumā par kodolieroču neizplatīšanu, un Papildu protokolu Līgumam starp Austrijas Republiku, Beļģijas Karalisti, Dānijas Karalisti, Somijas Republiku, Vācijas Federatīvo Republiku, Grieķijas Republiku, Īriju, Itālijas Republiku, Luksemburgas Lielhercogisti, Nīderlandes Karalisti, Portugāles Republiku, Spānijas Karalisti, Zviedrijas Karalisti, Eiropas Atomenerģijas kopienu un Starptautisko atomenerģijas aģentūru, īstenojot III panta 1. un 4.punktu Līgumā par kodolieroču neizplatīšanu
1.pants. 1977.gada 21.februāra Līgums starp Beļģijas Karalisti, Dānijas Karalisti, Itālijas Republiku, Īriju, Luksemburgas Lielhercogisti, Nīderlandes Karalisti, Vācijas Federatīvo Republiku, Eiropas Atomenerģijas kopienu (Euratom) un Starptautisko atomenerģijas aģentūru, kas noslēgts, pildot III panta 1. un 4.punktu Līgumā par kodolieroču neizplatīšanu (turpmāk — Līgums), un 1998.gada 22.septembra Papildu protokols Līgumam starp Austrijas Republiku, Beļģijas Karalisti, Dānijas Karalisti, Somijas Republiku, Vācijas Federatīvo Republiku, Grieķijas Republiku, Īriju, Itālijas Republiku, Luksemburgas Lielhercogisti, Nīderlandes Karalisti, Portugāles Republiku, Spānijas Karalisti, Zviedrijas Karalisti, Eiropas Atomenerģijas kopienu un Starptautisko atomenerģijas aģentūru, īstenojot III panta 1. un 4.punktu Līgumā par kodolieroču neizplatīšanu (turpmāk — Protokols), ar šo likumu tiek pieņemts un apstiprināts.
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2.pants. Līgumā un Protokolā noteikto saistību izpildi nodrošina Radiācijas drošības centrs.
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3.pants. Līgums stājas spēkā tā 23.pantā noteiktajā laikā un kārtībā, bet Protokols — tā 17.pantā noteiktajā laikā un kārtībā, un Ārlietu ministrija par to paziņo laikrakstā "Latvijas Vēstnesis".
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4.pants. Likums stājas spēkā nākamajā dienā pēc tā izsludināšanas. Līdz ar likumu izsludināms Līgums un Protokols angļu valodā un to tulkojums latviešu valodā.
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Likums Saeimā pieņemts 2007.gada 3.maijā.
Valsts prezidente V.Vīķe-Freiberga
Rīgā 2007.gada 24.maijā
Agreement between the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the European Atomic Energy Community and the International Atomic Energy Agency in implementation of Article III (1) and (4) of the Treaty on the non-proliferation of nuclear weapons
(78/164/Euratom)WHEREAS the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, Ireland, the Italian Republic, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands (hereinafter referred to as "the States") are signatories of the Treaty on the non-proliferation of nuclear weapons (hereinafter referred to as "the Treaty") opened for signature at London, Moscow and Washington on 1 July 1968 and which entered into force on 5 March 1970;RECALLING that pursuant to Article IV (1) of the Treaty nothing in the Treaty shall be interpreted as affecting the inalienable right of all the Parties to the Treaty to develop research, production and use of nuclear energy for peaceful purposes without discrimination and in conformity with Articles I and II of the Treaty;RECALLING that according to Article IV (2) of the Treaty all the Parties to the Treaty undertake to facilitate, and have the right to participate in, the fullest possible exchange of equipment, materials and scientific and technological information for the peaceful uses of nuclear energy;RECALLING further that under the terms of the same paragraph the Parties to the Treaty in a position to do so shall also cooperate in contributing alone or together with other States or international organizations to the further development of the applications of nuclear energy for peaceful purposes, especially in the territories of non-nuclear-weapon States party to the Treaty;WHEREAS Article III (1) of the Treaty provides that each non-nuclear-weapon State party to the Treaty undertakes to accept safeguards, as set forth in an agreement to be negotiated and concluded with the International Atomic Energy Agency (hereinafter referred to as "the Agency") in accordance with the Statute of the Agency (hereinafter referred to as "the Statute") and the Agency's safeguards system, for the exclusive purpose of verification of the fulfilment of its obligations assumed under this Treaty with a view to preventing diversion of nuclear energy from peaceful uses to nuclear weapons or other nuclear explosive devices;WHEREAS Article III (4) provides that non-nuclear-weapon States party to the Treaty shall conclude agreements with the Agency to meet the requirements of the said Article either individually or together with other States in accordance with the Statute;WHEREAS the States are members of the European Atomic Energy Community (Euratom) (hereinafter referred to as "the Community") and have assigned to institutions common to the European Communities regulatory, executive and judicial powers which these institutions exercise in their own right in those areas for which they are competent and which may take effect directly within the legal systems of the Member States;WHEREAS, with this institutional framework, the Community has in particular the task of ensuring, through appropriate safeguards, that nuclear materials are not diverted to purposes other than those for which they were intended, and will, from the time of the entry into force of the Treaty within the territories of the States, thus be required to satisfy itself through the system of safeguards established by the Euratom Treaty, that source and special fissionable material in all peaceful nuclear activities within the territories of the States is not diverted to nuclear weapons or other nuclear explosive devices;WHEREAS these safeguards include notification to the Community of the basic technical characteristics of nuclear facilities, maintenance and submission of operating records to permit nuclear materials accounting for the Community as a whole, inspections by officials of the Community, and a system of sanctions;WHEREAS the Community has the task of establishing with other countries and with international organizations relations which may promote progress in the use of nuclear energy for peaceful purposes and is expressly authorized to assume special safeguard obligations in an agreement with a third State or an international organization;WHEREAS the Agency's international safeguards system referred to in the Treaty comprises, in particular, provisions for the submission of design information to the Agency, the maintenance of records, the submission of reports on all nuclear material subject to safeguards to the Agency, inspections carried out by the Agency's inspectors, requirements for the establishment and maintenance of a system of accounting for and control of nuclear material by a State, and measures in relation to verification of non-diversion;WHEREAS the Agency, in the light of its statutory responsibilities and its relationship to the General Assembly and the Security Council of the United Nations, has the responsibility to assure the international Community that effective safeguards are being applied under the Treaty;NOTING that the States, which were members of the Community when they signed the Treaty, made it known on that occasion that safeguards provided for in Article III (1) of the Treaty would have to be set out in a verification agreement between the Community, the States and the Agency and defined in such a way that the rights and obligations of the States and the Community would not be affected;WHEREAS the Board of Governors of the Agency (hereinafter referred to as "the Board") has approved a comprehensive set of model provisions for the structure and content of agreements between the Agency and States required in connection with the Treaty to be used as the basis for negotiating safeguards agreements between the Agency and non-nuclear-weapon States party to the Treaty;WHEREAS the Agency is authorized under Article III (A) (5) of the Statute, to apply safeguards, at the request of the Parties, to any bilateral or multilateral arrangement, or at the request of a State, to any of that State's activities in the field of atomic energy;WHEREAS it is the desire of the Agency, the Community and the States to avoid unnecessary duplication of safeguards activities;NOW, THEREFORE, THE AGENCY, THE COMMUNITY AND THE STATES HAVE AGREED AS FOLLOWS:PART IBASIC UNDERTAKINGArticle 1The States undertake, pursuant to Article III (1) of the Treaty, to accept safeguards, in accordance with the terms of this Agreement, on all source or special fissionable material in all peaceful nuclear activities within their territories, under their jurisdiction or carried out under their control anywhere, for the exclusive purpose of verifying that such material is not diverted to nuclear weapons or other nuclear explosive devices.APPLICATION OF SAFEGUARDSArticle 2The Agency shall have the right and the obligation to ensure that safeguards will be applied, in accordance with the terms of this Agreement, on all source or special fissionable material in all peaceful nuclear activities within the territories of the States, under their jurisdiction or carried out under their control anywhere, for the exclusive purpose of verifying that such material is not diverted to nuclear weapons or other nuclear explosive devices.Article 3(a) The Community undertakes, in applying its safeguards on source and special fissionable material in all peaceful nuclear activities within the territories of the States, to cooperate with the Agency, in accordance with the terms of this Agreement, with a view to ascertaining that such source and special fissionable material is not diverted to nuclear weapons or other nuclear explosive devices.(b) The Agency shall apply its safeguards, in accordance with the terms of this Agreement, in such a manner as to enable it to verify, in ascertaining that there has been no diversion of nuclear material from peaceful uses to nuclear weapons or other nuclear explosive devices, findings of the Community's system of safeguards. The Agency's verification shall include inter alia independent measurements and observations conducted by the Agency in accordance with the procedures specified in this Agreement. The Agency, in its verification, shall take due account of the effectiveness of the Community's system of safeguards in accordance with the terms of this Agreement.COOPERATION BETWEEN THE AGENCY, THE COMMUNITY AND THE STATESArticle 4The Agency, the Community and the States shall cooperate, in so far as each Party is concerned, to facilitate the implementation of the safeguards provided for in this Agreement and shall avoid unnecessary duplication of safeguards activities.IMPLEMENTATION OF SAFEGUARDSArticle 5The safeguards provided for in this Agreement shall be implemented in a manner designed:(a) to avoid hampering the economic and technological development in the Community or international cooperation in the field of peaceful nuclear activities, including international exchange of nuclear material;(b) to avoid undue interference in the peaceful nuclear activities in the Community, and in particular in the operation of facilities; and(c) to be consistent with prudent management practices required for the economic and safe conduct of nuclear activities.Article 6(a) The Agency shall take every precaution to protect commercial and industrial secrets and other confidential information coming to its knowledge in the implementation of this Agreement.(b) (i) The Agency shall not publish or communicate to any State, organization or person any information obtained by it in connection with the implementation of this Agreement, except that specific information relating to the implementation thereof may be given to the Board and to such Agency staff members as require such knowledge by reason of their official duties in connection with safeguards, but only to the extent necessary for the Agency to fulfil its responsibilities in implementing this Agreement.(ii) Summarized information on nuclear material subject to safeguards under this Agreement may be published upon decision of the Board if the States directly concerned or the Community, in so far as either Party is individually concerned, agree thereto.Article 7(a) In implementing safeguards under this Agreement, full account shall be taken of technological development in the field of safeguards, and every effort shall be made to ensure optimum cost-effectiveness and the application of the principle of safeguarding effectively the flow of nuclear material subject to safeguards under this Agreement by use of instruments and other techniques at certain strategic points to the extent that present or future technology permits.(b) In order to ensure optimum cost-effectiveness, use shall be made, for example, of such means as:(i) containment as a means of defining material balance areas for accounting purposes;(ii) statistical techniques and random sampling in evaluating the flow of nuclear material; and(iii) concentration of verification procedures on those stages in the nuclear fuel cycle involving the production, processing, use of storage of nuclear material from which nuclear weapons or other nuclear explosive devices could readily be made, and minimization of verification procedures in respect of the nuclear material, on condition that this does not hamper the implementation of this Agreement.PROVISION OF INFORMATION TO THE AGENCYArticle 8(a) In order to ensure the effective implementation of safeguards under this Agreement, the Community shall, in accordance with the provisions set out in this Agreement, provide the Agency with information concerning nuclear material subject to such safeguards and the features of facilities relevant to safeguarding such material.(b) (i) The Agency shall require only the minimum amount of information and data consistent with carrying out its responsibilities under this Agreement.(ii) Information pertaining to facilities shall be the minimum necessary for safeguarding nuclear material subject to safeguards under this Agreement.(c) If the Community so requests, the Agency shall be prepared to examine, on premises of the Community, design information which the Community regards as being of particular sensitivity. Such information need not be physically transmitted to the Agency provided that it remains readily available for further examination by the Agency on premises of the Community.AGENCY INSPECTORSArticle 9(a) (i) The Agency shall secure the consent of the Community and the States to the designation of Agency inspectors to the States.(ii) If the Community, either upon proposal of a designation or at any other time after a designation has been made, objects to the designation, the Agency shall propose to the Community and the States an alternative designation or designations.(iii) If, as a result of the repeated refusal of the Community to accept the designation of Agency inspectors, inspections to be conducted under this Agreement would be impeded, such refusal shall be considered by the Board, upon referral by the Director-General of the Agency (hereinafter referred to as "the Director-General"), with a view to its taking appropriate action.(b) The Community and the States concerned shall take the necessary steps to ensure that Agency inspectors can effectively discharge their functions under this Agreement.(c) The visits and activities of Agency inspectors shall be so arranged as:(i) to reduce to a minimum the possible inconvenience and disturbance to the Community and the States and to the peaceful nuclear activities inspected; and(ii) to ensure protection of industrial secrets or any other confidential information coming to the knowledge of Agency inspectors.PRIVILEGES AND IMMUNITIESArticle 10Each State shall apply to the Agency, including its property, funds and assets, and to its inspectors and other officials, performing functions under this Agreement, the relevant provisions of the Agreement on the privileges and immunities of the International Atomic Energy Agency.CONSUMPTION OR DILUTION OF NUCLEAR MATERIALArticle 11Safeguards under this Agreement shall terminate on nuclear material upon determination by the Community and the Agency that the material has been consumed, or has been diluted in such a way that it is no longer usable for any nuclear activity relevant from the point of view of safeguards, or has become practically irrecoverable.TRANSFER OF NUCLEAR MATERIAL OUT OF THE STATESArticle 12The Community shall give the Agency notification of transfers of nuclear material subject to safeguards under this Agreement out of the States, in accordance with the provisions of this Agreement. Safeguards under this Agreement shall terminate on nuclear material when the recipient State has assumed responsibility therefore as provided for in this Agreement. The Agency shall maintain records indicating each transfer and, where applicable, the re-application of safeguards to the transferred nuclear material.PROVISIONS RELATING TO NUCLEAR MATERIAL TO BE USED IN NON-NUCLEAR ACTIVITIESArticle 13Where nuclear material subject to safeguards under this Agreement is to be used in non-nuclear activities, such as the production of alloys or ceramics, the Community shall agree with the Agency, before the material is so used, on the circumstances under which the safeguards under this Agreement on such material may be terminated.NON-APPLICATION OF SAFEGUARDS TO NUCLEAR MATERIAL TO BE USED IN NON-PEACEFUL ACTIVITIESArticle 14If a State intends to exercise its direction to use nuclear material which is required to be safeguarded under this Agreement in a nuclear activity which does not require the application of safeguards under this Agreement, the following procedures shall apply:(a) the Community and the State shall inform the Agency of the activity, and the State shall make it clear:(i) that the use of the nuclear material in a non-prescribed military activity will not be in conflict with an undertaking the State may have given and in respect of which Agency safeguards apply, that the material will be used only in a peaceful nuclear activity; and(ii) that during the period of non-application of safeguards under this Agreement the nuclear material will not be used for the production of nuclear weapons or other nuclear explosive devices;(b) the Agency and the Community shall make an arrangement so that, only while the nuclear material is in such an activity, the safeguards provided for in this Agreement will not be applied. The arrangement shall identify, to the extent possible, the period or circumstances during which such safeguards will not be applied. In any event, the safeguards provided for in this Agreement shall apply again as soon as the nuclear material is reintroduced into a peaceful nuclear activity. The Agency shall be kept informed of the total quantity and composition of such material in the State or in the States concerned and of any transfer of such material out of that State or those States; and(c) each arrangement shall be made in agreement with the Agency. Such agreement shall be given as promptly as possible and shall relate only to such matters as inter alia temporal and procedural provisions and reporting arrangements, but shall not involve any approval or classified knowledge of the military activity or relate to the use of the nuclear material therein.FINANCEArticle 15The Agency, the Community and the States will bear the expenses incurred by each of them in implementing their respective responsibilities under this Agreement. However, if the Community, the States or persons under their jurisdiction, incur extraordinary expenses as a result of a specific request by the Agency, the Agency shall reimburse such expenses provided that it has agreed in advance to do so. In any case, the Agency shall bear the cost of any additional measuring or sampling which Agency inspectors may request.THIRD PARTY LIABILITY FOR NUCLEAR DAMAGEArticle 16The Community and the States shall ensure that any protection against third party liability in respect of nuclear damage, including any insurance or other financial security which may be available under their laws or regulations shall apply to the Agency and its officials for the purpose of the implementation of this Agreement, in the same way as that protection applies to nationals of the States.INTERNATIONAL RESPONSIBILITYArticle 17Any claim by the Community or a State against the Agency or by the Agency against the Community or a State in respect of any damage resulting from the implementation of safeguards under this Agreement, other than damage arising out of a nuclear incident, shall be settled in accordance with international law.MEASURES IN RELATION TO VERIFICATION OF NON-DIVERSIONArticle 18If the Board, upon report of the Director-General, decides that an action by the Community or a State, in so far as either Party is individually concerned, is essential and urgent in order to ensure verification that nuclear material subject to safeguards under this Agreement is not diverted to nuclear weapons or other nuclear explosive devices, the Board may call upon the Community or that State to take the required action without delay, irrespective of whether procedures have been invoked pursuant to Article 22 for the settlement of a dispute.Article 19If the Board, upon examination of relevant information reported to it by Director-General, finds that the Agency is not able to verify that there has been no diversion of nuclear material required to be safeguarded under this Agreement, to nuclear weapons or other nuclear explosive devices, it may make the reports provided for in Article XII (C) of the Statute and may also take, where applicable, the other measures provided for in that paragraph. In taking such action, the Board shall take account of the degree of assurance provided by the safeguards measures that have been applied and shall offer the Community or the State, in so far as either Party is individually concerned, every reasonable opportunity to furnish the Board with any necessary reassurance.INTERPRETATION AND APPLICATION OF THE AGREEMENT AND SETTLEMENT OF DISPUTESArticle 20At the request of the Agency, the Community or a State, there shall be consultations about any question arising out of the interpretation or application of this Agreement.Article 21The Community and the States shall have the right to request that any question arising out of the interpretation or application of this Agreement be considered by the Board. The Board shall invite the Community and the State concerned to participate in the discussion of any such question by the Board.Article 22Any dispute arising out of the interpretation or application of this Agreement except a dispute with regard to a finding by the Board under Article 19 or an action taken by the Board pursuant to such a finding, which is not settled by negotiation or another procedure agreed to by the Agency, the Community and the States shall, at the request of any one of them, be submitted to an arbitral tribunal composed of five arbitrators. The Community and the States shall designate two arbitrators and the Agency shall also designate two arbitrators, and the four arbitrators so designated shall elect a fifth, who shall be the chairman.If, within 30 days of the request for arbitration, the Community and the States, or the Agency have not designated two arbitrators each, the Community or the Agency may request the President of the International Court of Justice to appoint these arbitrators. The same procedure shall apply if, within 30 days of the designation or appointment of the fourth arbitrator, the fifth arbitrator has not been elected.A majority of the members of the arbitral tribunal shall constitute a quorum, and all decisions shall require the concurrence of at least three arbitrators. The arbitral procedure shall be fixed by the tribunal. The decisions of the tribunal shall be binding on the Agency, the Community and the States concerned.ACCESSIONArticle 23(a) This Agreement shall come into force for non-nuclear-weapon States party to the Treaty which become Members of the Community, upon:(i) notification to the Agency by the State concerned that its procedures with respect to the coming into force of this Agreement have been completed; and(ii) notification to the Agency by the Community that it is in a position to apply its safeguards in respect of that State for the purposes of this Agreement.(b) Where the State concerned has concluded other agreements with the Agency for the application of Agency safeguards, upon the coming into force of this Agreement for that State, the application of Agency safeguards under such agreements shall be suspended while this Agreement is in force; provided, however, that the State's undertaking in those agreements not to use items which are subject thereto in such a way as to further any military purpose shall continue to apply.AMENDMENT OF THE AGREEMENTArticle 24(a) The Agency, the Community and the States shall, at the request of any one of them, consult on amendment to this Agreement.(b) All amendments shall require the agreement of the Agency, the Community and the States.(c) The Director-General shall promptly inform all Member States of the Agency of any amendment to this Agreement.ENTRY INTO FORCE AND DURATIONArticle 25(a) This Agreement shall enter into force on the date upon which the Agency receives from the Community and the States written notification that their own requirements for entry into force have been met. The Director-General shall promptly inform all Member States of the Agency of the entry into force of this Agreement.(b) This Agreement shall remain in force as long as the States are parties to the Treaty.PROTOCOLArticle 26The Protocol attached to this Agreement shall be an integral part thereof. The term "Agreement" as used in this instrument means the Agreement and the Protocol together.PART IIINTRODUCTIONArticle 27The purpose of this part of the Agreement is to specify, as required, the procedures to be applied in the implementation of the safeguards provisions of Part I.OBJECTIVE OF SAFEGUARDSArticle 28The objective of the safeguards procedures set forth in this Agreement is the timely detection of diversion of significant quantities of nuclear material from peaceful nuclear activities to the manufacture of nuclear weapons or of other nuclear explosive devices or for purposes unknown, and deterrence of such diversion by the risk of early detection.Article 29For the purpose of achieving the objective set forth in Article 28, material accountancy shall be used as a safeguards measure of fundamental importance, with containment and surveillance as important complementary measures.Article 30The technical conclusion of the Agency's verification activities shall be a statement, in respect of each material balance area, of the amount of material unaccounted for over a specific period, and giving the limits of accuracy of the amounts stated.THE COMMUNITY'S SYSTEM OF SAFEGUARDSArticle 31Pursuant to Article 3, the Agency, in carrying out its verification activities, shall make full use of the Community's system of safeguards.Article 32The Community's system of accounting for and control of nuclear material under this Agreement shall be based on a structure of material balance areas. The Community, in applying its safeguards, will make use of and, to the extent necessary, make provision for, as appropriate and specified in the subsidiary arrangements such measures as:(a) a measurement system for the determination of the quantities of nuclear material received, produced, shipped, lost or otherwise removed from inventory, and the quantities on inventory;(b) the evaluation of precision and accuracy of measurements and the estimation of measurement uncertainty;(c) procedures for indentifying, reviewing and evaluating differences in shipper/receiver measurements;(d) procedures for taking a physical inventory;(e) procedures for the evaluation of accumulations of unmeasured inventory and unmeasured losses;(f) a system of records and reports showing, for each material balance area, the inventory of nuclear material and the changes in that inventory including receipts into and transfers out of the material balance area;(g) provisions to ensure that the accounting procedures and arrangements are being operated correctly; and(h) procedures for the provision of reports to the Agency in accordance with Articles 59 to 65 and 67 to 69.Article 33Safeguards under this Agreement shall not apply to material in mining or ore processing activities.Article 34(a) When any material containing uranium or thorium which has not reached the stage of the nuclear fuel cycle described in paragraph (c) is directly or indirectly exported to a non-nuclear-weapon State not party to this Agreement, the Community shall inform the Agency of its quantity, composition and destination, unless the material is exported for specifically non-nuclear purposes.(b) When any material containing uranium or thorium which has not reached the stage of the nuclear fuel cycle described in paragraph (c) is imported into the States, the Community shall inform the Agency of its quantity and composition, unless the material is imported for specifically non-nuclear purposes.(c) When any nuclear material of a composition and purity suitable for fuel fabrication or for isotopic enrichment leaves the plant or the process stage in which it has been produced, or when such nuclear material, or any other nuclear material produced at a later stage in the nuclear fuel cycle, is imported into the States, the nuclear material shall become subject to the other safeguards procedures specified in this Agreement.TERMINATION OF SAFEGUARDSArticle 35(a) Safeguards under this Agreement shall terminate on nuclear material, under the conditions set forth in Article 11. Where the conditions of that Article are not met, but the Community considers that the recovery of nuclear material subject to safeguards under this Agreement from residues is not for the time being practicable or desirable, the Agency and the Community shall consult on the appropriate safeguards measures to be applied.(b) Safeguards under this Agreement shall terminate on nuclear material, under the conditions set forth in Article 13, provided that the Agency and the Community agree that such nuclear material is practicably irrecoverable.EXEMPTIONS FROM SAFEGUARDSArticle 36At the request of the Community, the Agency shall exempt nuclear material from safeguards under this Agreement, as follows:(a) special fissionable material, when it is used in gram quantities or less as a sensing component in instruments;(b) nuclear material, when it is used in non-nuclear activities in accordance with Article 13, if such nuclear material is recoverable; and(c) plutonium with an isotopic concentration of plutonium-238 exceeding 80 %.Article 37At the request of the Community the Agency shall exempt from safeguards under this Agreement nuclear material that would otherwise be subject to such safeguards, provided that the total quantity of nuclear material which has been exempted in the Sates in accordance with this Article may not at any time exceed:(a) one kilogram in total of special fissionable material, which may consist of one or more of the following:(i) plutonium;(ii) uranium with an enrichment of 0,2 (20 %) and above, taken account of by multiplying its weight by its enrichment; and(iii) uranium with an enrichment below 0,2 (20 %) and above that of natural uranium, taken account of by multiplying its weight by five times the square of its enrichment;(b) 10 tonnes in total of natural uranium and depleted uranium with an enrichment above 0,005 (0,5 %);(c) 20 tonnes of depleted uranium with an enrichment of 0,005 (0,5 %) or below; and(d) 20 tonnes of thorium;or such greater amounts as may be specified by the Board for uniform application.Article 38If exempted nuclear material is to be processed or stored together with nuclear material subject to safeguards under this Agreement, provision shall be made for the re-application of such safeguards thereto.SUBSIDIARY ARRANGEMENTSArticle 39The Community shall make subsidiary arrangements with the Agency which shall specify in detail, to the extent necessary to permit the Agency to fulfil its responsibilities under this Agreement in an effective and efficient manner, how the procedures laid down in this Agreement are to be applied. The subsidiary arrangements may be extended or changed by agreement between the Agency and the Community without amendment of this Agreement.Article 40The subsidiary arrangement shall enter into force at the same time as, or as soon as possible after, the entry into force of this Agreement. The Agency, the Community and the States shall make every effort to achieve their entry into force within 90 days of the entry into force of this Agreement; an extension of that period shall require agreement between the Agency, the Community and the States. The Community shall provide the Agency promptly with the information required for completing the subsidiary arrangements. Upon the entry into force of this Agreement, the Agency shall have the right to apply the procedures laid down therein in respect of the nuclear material listed in the inventory provided for in Article 41, even if the subsidiary arrangements have not yet entered into force.INVENTORYArticle 41On the basis of the initial report referred to in Article 62, the Agency shall establish a unified inventory of all nuclear material in the States subject to safeguards under this Agreement, irrespective of its origin, and shall maintain this inventory on the basis of subsequent reports and of the results of its verification activities. Copies of the inventory shall be made available to the Community at intervals to be agreed.DESIGN INFORMATIONGeneral provisionsArticle 42Pursuant to Article 8, design information in respect of existing facilities shall be provided to the Agency by the Community during the discussion of the subsidiary arrangements. The time limits for the provision of design information in respect of the new facilities shall be specified in the subsidiary arrangements and such information shall be provided as early as possible before nuclear material is introduced into a new facility.Article 43The design information to be provided to the Agency shall include, in respect of each facility, when applicable:(a) the identification of the facility, stating its general character, purpose, nominal capacity and geographic location, and the name and address to be used for routine business purposes;(b) a description of the general arrangement of the facility with reference, to the extent feasible, to the form, location and flow of nuclear material and to the general layout of important items of equipment which use, produce or process nuclear material;(c) a description of features of the facility relating to material accountancy, containment and surveillance; and(d) a description of the existing and proposed procedures at the facility for nuclear material accountancy and control, with special reference to material balance areas established by the operator, measurements of flow and procedures for physical inventory-taking.Article 44Other information relevant to the application of safeguards under this Agreement shall also be provided to the Agency in respect of each facility, if so specified in the subsidiary arrangements. The Community shall provide the Agency with supplementary information on the health and safety procedures which the Agency shall observe and with which Agency inspectors shall comply at the facility.Article 45The Agency shall be provided by the Community with design information in respect of a modification relevant for purposes of safeguards under this Agreement, for examination, and shall be informed of any change in the information provided to it under Article 44, sufficiently in advance for the safeguards procedures to be applied under this Agreement to be adjusted when necessary.Article 46Purpose of examination of design informationThe design information provided to the Agency shall be used for the following purposes:(a) to identify the features of facilities and nuclear material relevant to the application of safeguards to nuclear material in sufficient detail to facilitate verification;(b) to determine material balance areas to be used for accounting purposes under this Agreement and to select those strategic points which are key measurement points and which will be used to determine flow and inventory of nuclear material; in determining such material balance areas the following criteria shall inter alia be used:(i) the size of the material balance area shall be related to the accuracy with which the material balance can be established;(ii) in determining the material balance area advantage shall be taken of any opportunity to use containment and surveillance to help ensure the completeness of flow measurements and thereby to simplify the application of safeguards and to concentrate measurement efforts at key measurement points;(iii) a special material balance area may be established at the request of the Community or of the State concerned around a process step involving commercially sensitive information;(c) to establish the nominal timing and procedures for taking of physical inventory of nuclear material for accounting purposes under this Agreement;(d) to establish the records and reports requirements and records evaluation procedures;(e) to establish requirements and procedures for verification of the quantity and location of nuclear material; and(f) to select appropriate combinations of containment and surveillance methods and techniques and the strategic points at which they are to be applied.The results of the examination of the design information, as agreed upon between the Agency and the Community, shall be included in the subsidiary arrangements.Article 47Re-examination of design informationDesign information shall be re-examined in the light of changes in operating conditions, of developments in safeguards technology or of the experience in the application of verification procedures, with a view to modifying action taken pursuant to Article 46.Article 48Verification of design informationThe Agency, in cooperation with the Community and the State concerned, may send inspectors to facilities to verify the design information provided to the Agency pursuant to Articles 42 to 45 for the purposes stated in Article 46.INFORMATION IN RESPECT OF NUCLEAR MATERIAL OUTSIDE FACILITIESArticle 49The Agency shall be provided by the Community with the following information when nuclear material is to be customarily used outside facilities, as applicable:(a) a general description of the use of the nuclear material, its geographic location, and the user's name and address for routine business purposes; and(b) a general description of the existing and proposed procedures for nuclear material accountancy and control, as specified in the subsidiary arrangements.The Agency shall be informed by the Community, on a timely basis, of any change in the information provided to it under this Article.Article 50The information provided to the Agency pursuant to Article 49 may be used, to the extent relevant, for the purposes set out in Article 46 (b) to (f).RECORDS SYSTEMGeneral provisionsArticle 51The Community shall arrange that records are kept in respect of each material balance area. The records to be kept shall be described in the subsidiary arrangements.Article 52The Community shall make arrangements to facilitate the examination of records by Agency inspectors, particularly if the records are not kept in English, French, Russian or Spanish.Article 53Records shall be retained for at least five years.Article 54Records shall consist, as appropriate, of:(a) accounting records of all nuclear material subject to safeguards under this Agreement; and(b) operating records for facilities containing such nuclear material.Article 55The system of measurements on which the records used for the preparation of reports are based shall either conform to the latest international standards or be equivalent in quality to such standards.Accounting recordsArticle 56The accounting records shall set forth the following in respect of each material balance area:(a) all inventory changes, so as to permit a determination of the book inventory at any time;(b) all measurement results that are used for determination of the physical inventory; and(c) all adjustments and corrections that have been made in respect of inventory changes, book inventories and physical inventories.Article 57For all inventory changes and physical inventories the records shall show, in respect of each batch of nuclear material : material identification, batch data and source data. The records shall account for uranium, thorium and plutonium separately in each batch of nuclear material. For each inventory change, the date of the inventory change and, when appropriate, the originating material balance area and the receiving material balance area or the recipient, shall be indicated.Article 58Operating recordsThe operating records shall set forth, as appropriate, in respect of each material balance area:(a) those operating data which are used to establish changes in the quantities and composition of nuclear material;(b) the data obtained from the calibration of tanks and instruments and from sampling and analyses, the procedures to control the quality of measurements and the derived estimates of random and systematic error;(c) a description of the sequence of the actions taken in preparing for, and in taking, a physical inventory, in order to ensure that it is correct and complete; and(d) a description of the actions taken in order to ascertain the cause and magnitude of any accidental or unmeasured loss that might occur.REPORTS SYSTEMSGeneral provisionsArticle 59The Community shall provide the Agency with reports as detailed in Articles 60 to 65 and 67 to 69 in respect of nuclear material subject to safeguards under this Agreement.Article 60Reports shall be made in English, French, Russian or Spanish, except as otherwise specified in the subsidiary arrangements.Article 61Reports shall be based on the records kept in accordance with Articles 51 to 58 and shall consist, as appropriate, of accounting reports and special reports.Accounting reportsArticle 62The Agency shall be provided by the Community with an initial report on all nuclear material subject to safeguards under this Agreement. The initial report shall be dispatched to the Agency within 30 days of the last day of the calendar month in which this Agreement enters into force, and shall reflect the situation as of the last day of that month.Article 63The Community shall provide the Agency with the following accounting reports for each material balance area:(a) inventory change reports showing all changes in the inventory of nuclear material. The reports shall be dispatched as soon as possible and in any event within the time limits specified in the subsidiary arrangements; and(b) material balance reports showing the material balance based on a physical inventory of nuclear material actually present in the material balance area. The reports shall be dispatched as soon as possible and in any event within the time limits specified in the subsidiary arrangements.The reports shall be based on data available as of the date of reporting and may be corrected at a later date, as required.Article 64Inventory change reports shall specify identification and batch data for each batch of nuclear material, the date of the inventory change and, as appropriate, the originating material balance area and the receiving material balance area or the recipient. These reports shall be accompanied by concise notes:(a) explaining the inventory changes, on the basis of the operating data contained in the operating records provided for under Article 58 (a); and(b) describing, as specified in the subsidiary arrangements, the anticipated operational programme, particularly the taking of a physical inventory.Article 65The Community shall report each inventory change, adjustment and correction, either periodically in a consolidated list or individually. Inventory changes shall be reported in terms of batches. As specified in the subsidiary arrangements, small changes in inventory of nuclear material, such as transfers of analytical samples, may be combined in one batch and reported as one inventory change.Article 66The Agency shall provide the Community, for the use of the interested parties, with semi-annual statements of book inventory of nuclear material subject to safeguards under this Agreement, for each material balance area, as based on the inventory change reports for the period covered by each such statement.Article 67Material balance reports shall include the following entries, unless otherwise agreed by the Agency and the Community:(a) beginning physical inventory;(b) inventory changes (first increases, then decreases);(c) ending book inventory;(d) shipper/receiver differences;(e) adjusted ending book inventory;(f) ending physical inventory; and(g) material unaccounted for.A statement of the physical inventory, listing all batches separately and specifying material identification and batch data for each batch, shall be attached to each material balance report.Article 68Special reportsThe Community shall make special reports without delay:(a) if any unusual incident or circumstance leads the Community to believe that there is or may have been loss of nuclear material that exceeds the limits specified for this purpose in the subsidiary arrangements; or(b) if the containment has unexpectedly changed from that specified in the subsidiary arrangements to the extent that unauthorized removal of nuclear material has become possible.Article 69Amplification and clarification of reportsIf the Agency so requests, the Community shall provide it with amplifications or clarifications of any report, in so far as relevant for the purpose of safeguards under this Agreement.INSPECTIONSArticle 70General provisionsThe Agency shall have the right to make inspections as provided for in this Agreement.Purpose of inspectionsArticle 71The Agency may make ad hoc inspections in order to:(a) verify the information contained in the initial report on the nuclear material subject to safeguards under this Agreement and identify and verify changes in the situation which have occurred between the date of the initial report and the date of the entry into force of the subsidiary arrangements in respect of a given facility; and(b) identify, and if possible verify the quantity and composition of, nuclear material subject to safeguards under this Agreement in accordance with Articles 93 and 96, before its transfer out of or upon its transfer into the States except for transfers within the Community.Article 72The Agency may make routine inspections in order to:(a) verify that reports are consistent with records;(b) verify the location, identity, quantity and composition of all nuclear material subject to safeguards under this Agreement; and(c) verify information on the possible causes of material unaccounted for, shipper/receiver differences and uncertainties in the book inventory.Article 73Subject to the procedures laid down in Article 77, the Agency may make special inspections:(a) in order to verify the information contained in special reports; or(b) if the Agency considers that information made available by the Community, including explanations from the Community and information obtained from routine inspections, is not adequate for the Agency to fulfil its responsibilities under this Agreement.An inspection shall be deemed to be special when it is either additional to the routine inspection effort provided for in this Agreement or involves access to information or locations in addition to the access specified in Article 76 for ad hoc and routine inspections, or both.Scope of inspectionsArticle 74For the purposes specified in Articles 71 to 73, the Agency may:(a) examine the records kept pursuant to Articles 51 to 58;(b) make independent measurements of all nuclear material subject to safeguards under this Agreement;(c) verify the functioning and calibration of instruments and other measuring and control equipment;(d) apply and make use of surveillance and containment measures; and(e) use other objective methods which have been demonstrated to be technically feasible.Article 75Within 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 inspectionsArticle 76(a) For the purposes specified in Article 71 (a) and until such time as the strategic points have been specified in the subsidiary arrangements, the Agency inspectors shall have access to any location where the initial report or any inspections carried out in connection with it indicate that nuclear material subject to safeguards under this Agreement is present.(b) For the purposes specified in Article 71 (b), the Agency inspectors shall have access to any location of which the Agency has been notified in accordance with Article 92 (d) (iii) or 95 (d) (iii).(c) For the purposes specified in Article 72, the inspectors shall have access only to the strategic points specified in the subsidiary arrangements and to the records maintained pursuant to Articles 51 to 58.(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 77In the circumstances which may lead to special inspections for the purposes specified in Article 73, the Community and the Agency shall consult forthwith. As a result of such consultations the Agency may:(a) make inspections in addition to the routine inspection effort provided for in this Agreement; and(b) obtain access, in agreement with the Community, to information or locations in addition to those specified in Article 76. Any disagreement shall be resolved in accordance with Articles 21 and 22. In case action by the Community or a State, in so far as either Party is individually concerned, is essential and urgent, Article 18 shall apply.Frequency and intensity of routine inspectionsArticle 78The 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 79The 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 80The 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;(b) for facilities, other than reactors or sealed storage installations, involving plutunium or uranium enriched to more than 5 %, the maximum total of routine inspection per year shall be determined by allowing by for each such facility 30 × square root E man-days of inspection per year, where E is the inventory or annual throughput of nuclear material, wichever is graeater, expressed in effective kilograms. The maximum established for any such facility shall not, however, be less than 1,5 man-yars of inspection; and(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 0,4 × E man-days of inspection per year, where E is the inventory or annual throughput of nuclear material, whichever is greater, expressed in effective kilograms.The Parties to this Agreement may agree to amend the figures for the maximum inspection effort, specified in this Article, upon determination by the Board that such amendment is reasonable.Article 81Subject 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 82The 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 inspectionsArticle 83The 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 84Notwithstan …
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