2006. évi LXXXII. törvény
a nukleáris fegyverek elterjedésének megakadályozásáról szóló szerződés III. cikk (1) és (4) bekezdésének végrehajtásáról szóló biztosítéki megállapodás és jegyzőkönyv, valamint a megállapodáshoz csatolt kiegészítő jegyzőkönyv kihirdetéséről1
1. § Az Országgyűlés e törvénnyel felhatalmazást ad a nukleáris fegyverek elterjedésének megakadályozásáról szóló szerződés III. cikk (1) és (4) bekezdésének végrehajtásáról szóló biztosítéki megállapodás (a továbbiakban: megállapodás) és jegyzőkönyv (a továbbiakban: jegyzőkönyv), valamint a megállapodáshoz csatolt kiegészítő jegyzőkönyv (a továbbiakban: kiegészítő jegyzőkönyv) kötelező hatályának elismerésére.
2. § Az Országgyűlés e törvénnyel kihirdeti
a) a megállapodást és a jegyzőkönyvet,
b) a kiegészítő jegyzőkönyvet.
3. § A megállapodás és a jegyzőkönyv hiteles angol nyelvű szövege és azok hivatalos magyar nyelvű fordítása a következő:
Agreementbetween 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)~„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
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 co-operate in contributing alone or together with other States or international organisations 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 fulfillment 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 within 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 though 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 organisations relations which may promote progress in the use of nuclear energy for peaceful purposes and is expressly authorised to assume special safeguard obligations in agreement with a third State of an international organisation;
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 authorised 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 I
BASIC UNDERTAKING
Article 1
The 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 SAFEGUARDS
Article 2
The Agency shall have the right and 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 territories of the States, to co-operate 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, is 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.
CO-OPERATION BETWEEN THE AGENCY, THE COMMUNITY AND THE STATES
Article 4
The Agency, the Community and the States shall co-operate, 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 SAFEGUARDS
Article 5
The safeguards provided for in this Agreement shall be implemented in a manner designed:
a. To avoid hampering the economic and technicological development in the Community or international co-operation 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, organisation 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. Summarised 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 or storage of nuclear material from which nuclear weapons or other nuclear explosive devices could readily be made, and minimisation of verification procedures in respect of other nuclear material, on condition that this does not hamper the implementation of this Agreement.
PROVISION OF INFORMATION TO THE AGENCY
Articles 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 INSPECTORS
Article 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, inspection 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 IMMUNITIES
Article 10
Each 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.