b. For access in accordance with Article 5/a.(ii): visual observation; item counting of nuclear material; non-destructive measurements and sampling; utilization of radiation detection and measurement devices; examination of records relevant to the quantities, origin and disposition of the material; collection of environmental samples; and other objective measures which have been demonstrated to be technically feasible and the use of which has been agreed by the Board and following consultations between the Agency and the Republic of Hungary.
c. For access in accordance with Article 5/b.: visual observation; collection of environmental samples; utilization of radiation detection and measurement devices; examination of safeguards relevant production and shipping records; and other objective measures which have been demonstrated to be technically feasible and the use of which has been agreed by the Board and following consultations between the Agency and the Republic of Hungary.
d. For access in accordance with Article 5/c.: collection of environmental samples and, in the event the results do not resolve the question or inconsistency at the location specified by the Agency pursuant to Article 5/c., utilization at that location of visual observation, radiation detection and measurement devices, and, as agreed by the Republic of Hungary and the Agency, other objective measures.
Article 7
a. Upon request by the Republic of Hungary, the Agency and the Republic of Hungary shall make arrangements for managed access under this Protocol in order to prevent the dissemination of proliferation sensitive information, to meet safety or physical protection requirements, or to protect proprietary or commercially sensitive information. Such arrangements shall not preclude the Agency from conducting activities necessary to provide credible assurance of the absence of undeclared nuclear material and activities at the location in question, including the resolution of a question relating to the correctness and completeness of the information referred to in Article 2 or of an inconsistency relating to that information.
b. The Republic of Hungary may, when providing the information referred to in Article 2, inform the Agency of the places at a site or location at which managed access may be applicable.
c. Pending the entry into force of any necessary Subsidiary Arrangements, the Republic of Hungary may have recourse to managed access consistent with the provisions of paragraph a. above.
Article 8
Nothing in this Protocol shall preclude the Republic of Hungary from offering the Agency access to locations in addition to those referred to in Articles 5 and 9 or from requesting the Agency to conduct verification activities at a particular location. The Agency shall, without delay, make every reasonable effort to act upon such a request.
Article 9
The Republic of Hungary shall provide the Agency with access to locations specified by the Agency to carry out wide-area environmental sampling, provided that if the Republic of Hungary is unable to provide such access it shall make every reasonable effort to satisfy Agency requirements at alternative locations. The Agency shall not seek such access until the use of wide-area environmental sampling and the procedural arrangements therefor have been approved by the Board and following consultations between the Agency and the Republic of Hungary.
Article 10
The Agency shall inform the Republic of Hungary of:
a. The activities carried out under this Protocol, including those in respect of any questions or inconsistencies the Agency had brought to the attention of the Republic of Hungary, within sixty days of the activities being carried out by the Agency.
b. The results of activities in respect of any questions or inconsistencies the Agency had brought to the attention of the Republic of Hungary, as soon as possible but in any case within thirty days of the results being established by the Agency.
c. The conclusions it has drawn from its activities under this Protocol. The conclusions shall be provided annually.
Designation of Agency inspectors
Article 11
a. (i) The Director General shall notify the Republic of Hungary of the Board’s approval of any Agency official as a safeguards inspector. Unless the Republic of Hungary advises the Director General of its rejection of such an official as an inspector for the Republic of Hungary within three months of receipt of notification of the Board’s approval, the inspector so notified to the Republic of Hungary shall be considered designated to the Republic of Hungary.
(ii) The Director General, acting in response to a request by the Republic of Hungary or on his own initiative, shall immediately inform the Republic of Hungary of the withdrawal of the designation of any official as an inspector for the Republic of Hungary.
b. A notification referred to in paragraph a. above shall be deemed to be received by the Republic of Hungary seven days after the date of the transmission by registered mail of the notification by the Agency to the Republic of Hungary.
Visas
Article 12
The Republic of Hungary shall, within one month of the receipt of a request therefor, provide the designated inspector specified in the request with appropriate multiple entry/exit and/or transit visas, where required, to enable the inspector to enter and remain on the territory of the Republic of Hungary for the purpose of carrying out his/her functions. Any visas required shall be valid for at least one year and shall be renewed, as required, to cover the duration of the inspector’s designation to the Republic of Hungary.
Subsidiary Arrangements
Article 13
a. Where the Republic of Hungary or the Agency indicates that it is necessary to specify in Subsidiary Arrangements how measures laid down in this Protocol are to be applied, the Republic of Hungary and the Agency shall agree on such Subsidiary Arrangements within ninety days of the entry into force of this Protocol or, where the indication of the need for such Subsidiary Arrangements is made after the entry into force of this Protocol, within ninety days of the date of such indication.
b. Pending the entry into force of any necessary Subsidiary Arrangements, the Agency shall be entitled to apply the measures laid down in this Protocol.
Communications systems
Article 14
a. The Republic of Hungary shall permit and protect free communications by the Agency for official purposes between Agency inspectors in the Republic of Hungary and Agency Headquarters and/or Regional Offices, including attended and unattended transmission of information generated by Agency containment and/or surveillance or measurement devices. The Agency shall have, in consultation with the Republic of Hungary, the right to make use of internationally established systems of direct communications, including satellite systems and other forms of telecommunication, not in use in the Republic of Hungary. At the request of the Republic of Hungary or the Agency, details of the implementation of this paragraph with respect to the attended or unattended transmission of information generated by Agency containment and/or surveillance or measurement devices shall be specified in the Subsidiary Arrangements.
b. Communication and transmission of information as provided for in paragraph a. above shall take due account of the need to protect proprietary or commercially sensitive information or design information which the Republic of Hungary regards as being of particular sensitivity.
Protection of confidential information
Article 15
a. The Agency shall maintain a stringent regime to ensure effective protection against disclosure of commercial, technological and industrial secrets and other confidential information coming to its knowledge, including such information coming to the Agency’s knowledge in the implementation of this Protocol.
b. The regime referred to in paragraph a. above shall include, among others, provisions relating to:
(i) General principles and associated measures for the handling of confidential information;
(ii) Conditions of staff employment relating to the protection of confidential information;
(iii) Procedures in cases of breaches or alleged breaches of confidentiality.
c. The regime referred to in paragraph a. above shall be approved and periodically reviewed by the Board.
Annexes
Article 16
a. The Annexes to this Protocol shall be an integral part thereof. Except for the purposes of amendment of the Annexes, the term „Protocol” as used in this instrument means the Protocol and the Annexes together.
b. The list of activities specified in Annex I, and the list of equipment and material specified in Annex II, may be amended by the Board upon the advice of an open-ended working group of experts established by the Board. Any such amendment shall take effect four months after its adoption by the Board.
Entry into force
Article 17
a. This Protocol shall enter into force on the date on which the Agency receives from the Republic of Hungary written notification that the Republic of Hungary’s statutory and constitutional requirements for entry into force have been met.
b. The Republic of Hungary may, at any date before this Protocol enters into force, declare that it will apply this Protocol provisionally.
c. The Director General shall promptly inform all Member States of the Agency of any declaration of provisional application of, and of the entry into force of, this Protocol.
Definitions
Article 18
For the purpose of this Protocol:
a. Nuclear fuel cycle-related research and development activities means those activities which are specifically related to any process or system development aspect of any of the following:
- conversion of nuclear material,
- enrichment of nuclear material,
- nuclear fuel fabrication,
- reactors,
- critical facilities,
- reprocessing of nuclear fuel,
- processing (not including repackaging or conditioning not involving the separation of elements, for storage or disposal) of intermediate or high-level waste containing plutonium, high enriched uranium or uranium-233,
but do not include activities related to theoretical or basic scientific research or to research and development on industrial radioisotope applications, medical, hydrological and agricultural applications, health and environmental effects and improved maintenance.
b. Site means that area delimited by the Republic of Hungary in the relevant design information for a facility, including a closed-down facility, and in the relevant information on a location outside facilities where nuclear material is customarily used, including a closed-down location outside facilities where nuclear material was customarily used (this is limited to locations with hot cells or where activities related to conversion, enrichment, fuel fabrication or reprocessing were carried out). It shall also include all installations, co-located with the facility or location, for the provision or use of essential services, including: hot cells for processing irradiated materials not containing nuclear material; installations for the treatment, storage and disposal of waste; and buildings associated with specified activities identified by the Republic of Hungary under Article 2.a.(iv) above.
c. Decommissioned facility or decommissioned location outside facilities means an installation or location at which residual structures and equipment essential for its use have been removed or rendered inoperable so that it is not used to store and can no longer be used to handle, process or utilize nuclear material.
d. Closed-down facility or closed-down location outside facilities means an installation or location where operations have been stopped and the nuclear material removed but which has not been decommissioned.
e. High enriched uranium means uranium containing 20 percent or more of the isotope uranium-235.
f. Location-specific environmental sampling means the collection of environmental samples (e.g., air, water, vegetation, soil, smears) at, and in the immediate vicinity of, a location specified by the Agency for the purpose of assisting the Agency to draw conclusions about the absence of undeclared nuclear material or nuclear activities at the specified location.
g. Wide-area environmental sampling means the collection of environmental samples (e.g., air, water, vegetation, soil, smears) at a set of locations specified by the Agency for the purpose of assisting the Agency to draw conclusions about the absence of undeclared nuclear material or nuclear activities over a wide area.
h. Nuclear material means any source or any special fissionable material as defined in Article XX of the Statute. The term source material shall not be interpreted as applying to ore or ore residue. Any determination by the Board under Article XX of the Statute of the Agency after the entry into force of this Protocol which adds to the materials considered to be source material or special fissionable material shall have effect under this Protocol only upon acceptance by the Republic of Hungary.
i. Facility means:
(i) A reactor, a critical facility, a conversion plant, a fabrication plant, a reprocessing plant, an isotope separation plant or a separate storage installation; or
(ii) Any location where nuclear material in amounts greater than one effective kilogram is customarily used.
j. Location outside facilities means any installation or location, which is not a facility, where nuclear material is customarily used in amounts of one effective kilogram or less.
Done in Vienna on the 26 day of November 1998 in duplicate in the English language.
ANNEX I
LIST OF ACTIVITIES REFERRED TO IN ARTICLE 2.a.(iv) OF THE PROTOCOL
(i) The manufacture of centrifuge rotor tubes or the assembly of gas centrifuges.
Centrifuge rotor tubes means thin-walled cylinders as described in entry 5.1.1(b) of Annex II.
Gas centrifuges means centrifuges as described in the Introductory Note to entry 5.1 of Annex II.
(ii) The manufacture of diffusion barriers.
Diffusion barriers means thin, porous filters as described in entry 5.3.1(a) of Annex II.
(iii) The manufacture or assembly of laser-based systems.
Laser-based systems means systems incorporating those items as described in entry 5.7 of Annex II.
(iv) The manufacture or assembly of electromagnetic isotope separators.
Electromagnetic isotope separators means those items referred to in entry 5.9.1 of Annex II containing ion sources as described in 5.9.1.(a) of Annex II.
(v) The manufacture or assembly of columns or extraction equipment.
Columns or extraction equipment means those items as described in entries 5.6.1., 5.6.2., 5.6.3., 5.6.5., 5.6.6., 5.6.7. and 5.6.8. of Annex II.
(vi) The manufacture of aerodynamic separation nozzles or vortex tubes.
Aerodynamic separation nozzles or vortex tubes means separation nozzles and vortex tubes as described respectively in entries 5.5.1. and 5.5.2. of Annex II.
(vii) The manufacture or assembly of uranium plasma generation systems.
Uranium plasma generation systems means systems for the generation of uranium plasma as described in entry 5.8.3. of Annex II.
(viii) The manufacture of zirconium tubes.
Zirconium tubes means tubes as described in entry 1.6. of Annex II.
(ix) The manufacture or upgrading of heavy water or deuterium.
Heavy water or deuterium means deuterium, heavy water (deuterium oxide) and any other deuterium compound in which the ratio of deuterium to hydrogen atoms exceeds 1:5000.
(x) The manufacture of nuclear grade graphite.