1^er JUIN 2005. - Act respecting the application of the Additional Protocol of 22 September 1998 to the International Agreement of 5 April 1973 pursuant to Article III, paragraphs 1^er and 4 of the Treaty of 1^er July 1968 on the non-proliferation of nuclear weapons (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER I^er. - Definitions
Art. 2. For the purposes of this Act and its enforcement orders, the following means:
1° "Agency": the International Atomic Energy Agency;
2° "Community": the European Atomic Energy Community (Euratom);
3° "Management": the Federal Public Service Energy Directorate Economics, P.M.E., Average Classes and Energy;
4° "Federal Agency": the Federal Nuclear Control Agency established by section 2 of the Act of 15 April 1994 on the protection of the population and the environment from the dangers resulting from ionizing radiation and related to the Federal Nuclear Control Agency;
5° "safety agreement": the agreement between the non-nuclear-weapon States of the European Atomic Energy Community, the European Atomic Energy Community and the International Atomic Energy Agency pursuant to paragraphs 1^er and 4 of Article III of the Treaty on the Non-Proliferation of Nuclear Weapons as approved by the Act of 14 March 1975;
6° "Additional Protocol": the Additional Protocol to the Safeguards Agreement as approved by the Act of 13 November 2002 enacting the Additional Protocol to the Agreement between the Republic of Austria, the Kingdom of Belgium, the Kingdom of Denmark, the Republic of Finland, the Federal Republic of Germany, the Hellenic Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands,^er and 4 of Article III of the Treaty on the Non-Proliferation of Nuclear Weapons and Annexes I^reII and III, made in Vienna on 22 September 1998;
7° "Research and development activities related to the nuclear fuel cycle": activities that expressly relate to any aspect of the development of processes or systems for any of the following operations or facilities:
(a) the transformation of nuclear material;
(b) Enrichment of nuclear material;
(c) the manufacture of nuclear fuel;
(d) reactors;
(e) Critical installations;
(f) Reprocessing nuclear fuel;
(g) the treatment (excluding repackaging, or conditioning that does not involve the separation of elements, for the purpose of storage or permanent storage) of medium or high-level wastes containing plutonium, highly enriched uranium or uranium 233, excluding activities related to theoretical or fundamental scientific research or research and development related to industrial applications of hydroisotopes, medical applications and
8° "site": the area delimited by the Community and the Federal Agency, which informs the Authority, in the descriptive information concerning a facility, including a shut-down facility, and information about a non-installation location where nuclear materials are usually used, including a non-installation location at which nuclear materials were usually used (this is only for sites containing hot cells or in which activities related to reprocessing The site also includes all establishments, located in the same place as the installation or location, for the provision or use of essential services, including hot cells for the treatment of irradiated materials that do not contain nuclear material, waste processing, storage and storage facilities, and buildings associated with activities specified in Appendix I^re the Additional Protocol specified by the Federal Agency and the Administration;
9° "declassified installation" or "declassified location": an establishment or location where the residual structures and equipment essential for its use have been removed or rendered unusable, so that it is not used to store nuclear materials and cannot be used to manipulate, process or use such materials;
10° "unloaded installation" or "unloaded location": an establishment or location where operations were stopped for economic or technical reasons, and where nuclear materials were removed but were not decommissioned;
11° "Highly enriched uranium": uranium containing 20% or more isotope 235;
12° "Environment sampling in a specific location": sampling of environmental samples (e.g. air, water, vegetation, soil, smears) in a location specified by the Agency and in the immediate vicinity of the Agency to assist the Agency in drawing conclusions as to the absence of undeclared nuclear material or activities in that specified location;
13° "Nuclear matter": any special raw material or fissile material as defined in Article XX of the Agency's statute. The term "gross material" is not interpreted as applying to minerals or mineral residues. If, after the entry into force of the Additional Protocol, the Board of Governors of the Agency, acting under Article XX of the Statute, designates other substances and adds them to the list of substances that are considered to be raw materials or special fissionable products, that designation shall be effective under the Additional Protocol only after being accepted by the Community and the Member States;
14° "installation" :
(a) a reactor, critical installation, processing plant, manufacturing plant, reprocessing plant, isotope separation plant or separate storage facility;
(b) any location where nuclear material in quantities greater than one effective kilogram is usually used;
15° "uninstalled location": any establishment or location that does not constitute a facility, where nuclear material is usually used in quantities equal to or less than an effective kilogram;
16° "effective kilogram": a special unit used in the application of safeguards to nuclear materials. The actual quantity of kilograms is obtained by taking:
(a) in the case of plutonium: its weight in kilograms;
(b) in the case of uranium with an enrichment equal to or greater than 0.01 (1 per cent): the product of its weight in kilograms by the enrichment square;
(c) in the case of uranium with an enrichment less than 0.01 (1 per cent) but greater than 0.005 (0.5 per cent): the product of its weight in kilograms by 0.0001;
(d) in the case of impoverished uranium having an enrichment equal to or less than 0.005 (0.5%) and in the case of thorium: their weight in kilograms per 0.00005.
CHAPTER II. - Information to be provided
Section I^re. - Information to be provided to the Administration
Art. 3. § 1^er. In order to allow, through the Community, the Agency to communicate information that is to be transmitted under the Additional Protocol, the Authority shall be given:
1° by any natural or legal person engaged in research and development activities related to the nuclear fuel cycle, not involving nuclear materials and carried out in any place, which are financed, expressly authorized or controlled by the public authorities or are carried out on their behalf: a general description of such activities and information on their location;
2° by any natural or legal person engaged in research and development activities related to the nuclear fuel cycle that do not involve nuclear material that expressly relate to the enrichment, reprocessing of nuclear fuel or the treatment of medium or high-level wastes containing plutonium, highly enriched uranium or uranium 233, which are carried out in any place but, which are not financed, expressly authorized or otherwise
3° by any natural or legal person carrying out activities specified in Annex I to the Additional Protocol: a description of the scope of operations for each location where these activities are carried out;
4° by any natural or legal person possessing by any legal means any equipment or non-nuclear material specified in Annex II to the Additional Protocol, for each transfer to a Member State of the European Union or each export to a third State: the identification data, quantity, location where it is intended to be used in the receiving State and the date or date provided, as the case may be, for export;
5° by any natural or legal person engaged in activities related to the nuclear fuel cycle: the general plans for the next ten years, approved by the competent authorities, which relate to the development of the nuclear fuel cycle (including planned research and development activities related to the nuclear fuel cycle, as defined in Article 2, 7°).
§ 2. The natural and legal persons referred to in § 1^er disclose the information required within the following time:
1° with respect to 1° to 3° and 5°:
(a) within 120 days after the entry into force of the Additional Protocol;
(b) on March 15 of each year, updates of information for the period from the previous calendar year;
2° for the 4°: every quarter, within thirty days after the end of each quarter.
Art. 4. § 1^er. In order to allow, through the Community, the communication of information requested by the Agency under the Additional Protocol, the Administration requests:
1° to any natural or legal person having, by any legal means, any equipment or non-nuclear material specified in Annex II to the Additional Protocol: for each transfer from a Member State of the European Union or each import from a third State: identification data, quantity, location where it is intended to use them and the date or date, as the case may be, for importation;
2° to any natural or legal person carrying out research and development activities related to the nuclear fuel cycle, not involving nuclear material that expressly relate to the enrichment, reprocessing of fuel or the treatment of medium and high-level wastes containing plutonium, highly enriched uranium or uranium 233, which are carried out outside a site but which are not financed, expressly authorized or controlled
§ 2. Physical or legal persons referred to in § 1^er disclose to the Authority the information referred to in this subsection within thirty days of the communication of the Agency's request to the person concerned.
Art. 5. The natural and legal persons referred to in sections 3 and 4 are required to provide the Authority, with a copy to the Federal Agency, with additional information or clarifications for all information transmitted under the said sections, to the extent that it is necessary for the purposes of safeguards, within the time period specified by the Authority when the Agency is transmitted to the person concerned.
Art. 6. The King may, by order deliberately in the Council of Ministers, determine the manner in which the Authority collects and transmits to the Federal Agency the information referred to in sections 3 and 4.
Section II. - Information to be provided to the Community
Art. 7. § 1^er. Any natural or legal person engaged in significant operations from the standpoint of safeguards in facilities and non-installation locations where nuclear material is usually used, shall provide the Community, with a copy to the Federal Agency and the Administration, with information on such activities determined by the Agency based on expected efficiency or efficiency gains. This information shall be provided to the Community on the date specified by the Community.
§ 2. 1° Any natural or legal person operating a site shall send to the Community, with a copy to the Federal Agency and the Administration, within 120 days after the entry into force of the Additional Protocol, a general description of each building of each site, including its use, and, if this is not the case, of its content. The description must include a map of the site. For 1^er April of each year, updates to this general description for the period corresponding to the previous year are sent to the Community, with a copy to the Federal Agency and the Administration.
2° Any natural or legal person referred to in 1st shall communicate to the Community, with a copy to the Federal Agency and the Administration, the contact information of natural or legal persons other than those referred to in 1st present on their site. They shall, at the request of the Administration, provide no later than twenty working days before the deadlines set at 1°, a description of their activities on the site. The Authority shall forward this information to the Federal Agency which shall forward it to the Community.
§ 3. Any natural or legal person operating in the Belgian territory of uranium mines, uranium concentration plants and thorium concentration plants sends to the Community, with a copy to the Federal Agency and the Administration, within 120 days after the entry into force of the Additional Protocol, information indicating the location, operational situation, estimated annual production capacity and the current annual production of these mines and plants For 31 January of each year, updates to uranium mines for the period corresponding to the previous calendar year are sent to the Community with a copy to the Federal Agency and the Administration. Updates on uranium or thorium concentration plants are sent to the Community with a copy to the Federal Agency and the Administration before the fifteenth of the month following the one in which the change was made. The disclosure of this information does not require a detailed accounting of nuclear material.
§ 4. Any natural or legal person having, by any legal means, raw materials that do not yet have a composition and purity specific to the manufacture of fuel or isotope enrichment:
1° sends to the Community, with a copy to the Federal Agency and the Administration, within 120 days after the entry into force of the Additional Protocol, for each location located in the Belgian territory where these substances are in quantities greater than one ton of uranium and/or thorium, the following information: quantities expressed in tonnes, chemical composition, use or intended use of these materials, whether for nuclear or not. Updates to this information are sent to the Community, with a copy to the Federal Agency and the Administration before the fifteenth month following the month in which the change was made. The disclosure of this information does not require a detailed accounting of nuclear material;
2° sends to the Community, with a copy to the Federal Agency and the Administration, before the fifteenth month following the month in which the change was made, the following information:
(a) for each transfer to a Member State of the European Union or for each export to a third State of such substances for specific non-nuclear purposes: amount expressed in tenths of ton, chemical composition and destination;
(b) for each transfer from a Member State of the European Union or for each import from a third state of such material for specific non-nuclear purposes: amount expressed in tenths of ton, chemical composition, current location and intended use or use.
It is understood that it is not required that information be provided on such substances intended for non-nuclear use once they are in the appropriate form for their final non-nuclear use.
§ 5. Any natural or legal person having, by any legal means, nuclear material exempted from safeguards pursuant to Article 37 of the safeguards agreement, sends to the Community, with a copy to the Federal Agency and the Administration, within 120 days after the entry into force of the Additional Protocol, information on the quantities, uses and location of such materials. For January 31 of each year, updates to this information for the period corresponding to the previous calendar year are sent to the Community, with a copy to the Federal Agency and the Administration. The disclosure of this information does not require a detailed accounting of nuclear material.
§ 6. Any natural or legal person having, by any legal means, nuclear material exempted from the safeguards pursuant to Article 36 (b) of the safeguards agreement, but not yet in the form required for their final non-nuclear use, in quantities exceeding the information specified in Article 37 of the safeguards agreement, sends to the Community, with a copy to the Federal Agency and the Administration, within 120 days of the entry into force For January 31 of each year, updates to this information for the period corresponding to the previous calendar year are sent to the Community, with a copy to the Federal Agency and the Administration. The disclosure of this information does not require a detailed accounting of nuclear material.
§ 7. Any natural or legal person having, by any legal means, medium or high-level wastes containing plutonium, highly enriched uranium or 233 uranium for which the guarantees were lifted pursuant to Article 11 of the safeguards agreement, sends to the Community with a copy to the Federal Agency and the Administration:
(a) information on the subsequent treatment of the said waste 200 days before further processing. The term "ulterior treatment" does not include the repackaging of wastes or their subsequent packaging, without separation of elements, for storage or final storage;
(b) information on site changes for January 31 of each year, for the period corresponding to the previous calendar year.
Art. 8. Any natural or legal person operating uranium mines, uranium concentration plants and thorium concentration plants in Belgian territory, shall send to the Community, at its request motivated by a specific request from the Agency, with a copy to the Federal Agency and the Administration, information relating to the current annual production of a mine or a specified concentration plant. This information must be communicated within thirty days of the Agency's request to the natural or legal person concerned. The disclosure of this information does not require a detailed accounting of nuclear material.
Art. 9. The natural or legal persons referred to in sections 7 and 8 are required to provide the Community, with a copy to the Federal Agency and the Administration, with additional information or clarifications for all information transmitted under these sections, to the extent necessary for the purposes of safeguards, within the time period specified by the Federal Agency when the Agency transmits the request to the person concerned.
CHAPTER III. - Additional access
Art. 10. In addition to access to facilities provided by the Act of 20 July 1978, natural or legal persons referred to in sections 3, 7 and 8 or the person in charge of one of the places listed below are required to allow inspectors of the Agency to access:
1° in any place of a site;
2° to uranium mine and mills and to thorium concentration plants;
3° at any location where raw materials are found that do not yet have a composition and purity specific to the manufacture of fuel or isotope enrichment;
4° at any location where nuclear materials are exempted from safeguards under Article 37 of the safeguards agreement;
5° at any location where nuclear materials are exempted from safeguards pursuant to Article 36, (b), of the safeguards agreement;
6° at any location where there are medium or high-level wastes containing plutonium, highly enriched uranium or 233 uranium for which the guarantees were lifted under Article 11 of the safeguards agreement;
7° to any declassified installation or any non-declassified location where nuclear materials were usually used.
Art. 11. The natural or legal persons referred to in sections 3, 4, 7 and 8 are required to allow inspectors of the Agency to access any location other than those referred to in section 10 where:
1° the activities specified in Appendix I^re of the Additional Protocol;
2° of non-nuclear equipment and materials specified in Annex II to the Additional Protocol from a Member State of the European Union or a third State are located as well as locations where such equipment is produced or where such materials are processed;
3° of research and development activities related to the nuclear fuel cycle, not involving nuclear materials that specifically relate to the enrichment, reprocessing of nuclear fuel or the treatment of medium and high-level wastes containing plutonium, highly enriched uranium or 233 uranium, are carried out.
Art. 12. § 1^er. The Federal Agency shall notify, with notice of at least eighteen hours, the natural and legal persons referred to in sections 3, 4, 7 and 8 of the coming of the Agency's inspectors. This written notification must resume the motivation provided by the Agency to justify its request for access and the list of activities, authorized by section 13, to be carried out by the Agency's inspectors during their visit.
§ 2. When the Agency requests access to any place of a site, on the occasion of inspections as referred to in the Act of 20 July 1978 establishing provisions to allow the Agency to carry out inspection and verification activities on Belgian territory, pursuant to the International Agreement of 5 April 1973 pursuant to §§ 1^er and 4 of Article III of the Treaty of 1^er July 1968 on the non-proliferation of nuclear weapons, notice may be reduced to one hour and in some exceptional cases, notice may be less than one hour. The Federal Agency's nuclear inspectors inform the natural or legal person responsible for the site or its representative of the motivation provided by the Agency to justify its request for access and the list of activities, authorized by section 13, to be carried out by the Agency's inspectors during their supplementary visit. If, due to the urgency, the notification cannot be made in writing, the Federal Agency's nuclear inspectors confirm the notification, by written means, no later than 72 hours after the visit.
§ 3. Access to the locations referred to in sections 10 and 11 may only take place during normal working hours as commonly applied by the natural or legal person concerned.
§ 4. To access these sites, the Agency's inspectors shall submit to the natural and legal persons referred to in sections 3, 4, 7 and 8 or to the person responsible for the place concerned, the documents establishing their status as inspector of the Agency approved by the Community and the parties to the Safeguards Agreement as supplemented by the Additional Protocol.
§ 5. The Federal Agency's nuclear inspectors and the Community's accredited security control inspectors are entitled to accompany the Agency's inspectors during the visits referred to in sections 10 and 11.
Art. 13. Pursuant to sections 10 and 11, the Agency's inspectors may, as the case may be, carry out the following activities:
§ 1^er. In the case of access pursuant to section 10 to any location of a site or to a declassified facility or to any non-declassified location where nuclear material was usually used:
visual observation, removal of environmental samples, use of radiation detection and measurement devices, installation of seals and other identification and fraud indication devices specified in subsidiary arrangements.
§ 2. In the case of access pursuant to section 10 to one of the following locations:
1° uranium mines and mills and thorium concentration plants;
2° any location where raw materials are found that do not yet have a composition and purity specific to the manufacture of fuel or isotope enrichment;
3° any location where nuclear material is exempted from safeguards under Article 37 of the safeguards agreement;
4° any location where nuclear material is exempted from safeguards under Article 36, (b), of the safeguards agreement;
5° any location where there are medium or high-level wastes containing plutonium, highly enriched uranium or 233 uranium for which the guarantees were lifted under Article 11 of the safeguards agreement:
visual observation, enumeration of nuclear material items, non-destructive measurements and sampling, use of radiation detection and measurement equipment, review of the quantities, origin and use of materials, sampling of environmental samples.
§ 3. In the case of access, pursuant to section 11, to any location outside a site where:
1° of research and development activities related to the fuel cycle that do not involve nuclear materials that are financed, expressly authorized or controlled by the Government or carried out on their behalf;
2° of activities taken in Appendix I^re of the Additional Protocol;
3° of non-nuclear equipment or materials specified in Annex II to the Additional Protocol from a Member State of the European Union or a third State are located:
visual observation, sampling of environmental samples, use of radiation detection devices and measurements, review of production and shipment surveys that are important from the standpoint of guarantees.
§ 4. In the case of access to any location where research and development activities related to the nuclear fuel cycle, which do not involve nuclear material and that relate specifically to the enrichment, reprocessing of fuel or the treatment of medium and high-level wastes containing plutonium, highly enriched uranium or uranium 233, are carried out but are not financed, expressly authorized or controlled by public authorities:
visual observation, sampling of environmental samples, use of radiation detection devices and measurements, review of production and shipment surveys that are important from the standpoint of guarantees.
Art. 14. § 1^er. Upon the submission of the prior authorization granted by the Police Court to the Federal Agency's nuclear inspectors accompanying the Agency's inspectors, and upon presentation by the Agency's inspectors of their status as inspectors of the Agency approved by the Community and the parties to the Safeguards Agreement as supplemented by the Additional Protocol, any physical or legal person is required to allow the Agency's inspectors to access, for the purpose of sampling the Site.
§ 2. Agency inspectors are authorized to use visual observation and, if necessary, to use radiation detection and measurement devices.
Art. 15. The King may, by deliberate order in the Council of Ministers, authorize the inspectors of the Agency, during their visits pursuant to articles 10 and 11, to conduct activities other than those authorized by articles 13 and 14 which would have been technically applicable by the Board of Governors of the Agency.
Art. 16. § 1^er. The visits and activities referred to in articles 10, 11, 13 and 14 are organized to ensure the confidentiality of sensitive information from the perspective of nuclear proliferation, respect for safety or physical protection requirements and protect exclusive information from a commercial, industrial or scientific perspective.
§ 2. The visits and activities referred to in articles 10, 11, 13 and 14 are organized to:
- respect the rights of natural persons;
- minimize the inconveniences and disruptions that these visits and activities could bring to people and industrial or scientific entities.
CHAPTER IV. - Prosecution of offences
Art. 17. The Director General of the Federal Agency and the Federal Agency's nuclear inspectors are specially responsible for the investigation and recognition of the offences under this Act and the orders made pursuant to it.
Without prejudice to the provisions referred to in Articles 15 and 16, they have free access at any time, at all places, at all information elements and to all natural or legal persons covered by this Act.
They are responsible for the search for and recognition of offences under this Act, competition and even prevention of all other judicial police officers with the exception of judicial officers who are a judicial police officer.
Art. 18. Offences to the provisions of this Act and enforcement orders shall be punished by imprisonment from eight days to one month and a fine of 2.5 to 2.500 euros or only one of these penalties. In case of recidivism within two years, penalties may be doubled. The provisions of Book I of the Criminal Code, including Chapter VII and Article 85, apply to these same offences.
Art. 19. When finding a breach of the obligations arising from this Act, committed by a natural or legal person referred to in Articles 3, 4, 7 and 8, the State represented by the Minister who has the Interior in his or her powers, may apply to the President of the Brussels Court of First Instance to order the execution of such obligations. The application is introduced in the form of the referee. It is ruled in the eighties notwithstanding any prosecution due to the same facts before the criminal court.
The judgment is enforceable by provision notwithstanding any appeal.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 1^er June 2005.
ALBERT
By the King:
Deputy Prime Minister and Minister of Justice,
Ms. L. ONKELINX
Deputy Prime Minister and Minister of the Interior,
P. DEWAEL
Minister of Foreign Affairs,
K. DE GUCHT
Minister of Economy, Energy, Foreign Trade and Science Policy,
A. VERWILGHEN
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Note
(1) Regular session 2004-2005
House of Representatives:
Parliamentary documents. - Bill No. 51-1487/1. Amendment No. 51-1487/2. Report of the Commission, No. 51-1487/3. - Text adopted by the Commission, No. 51-1487/4.
Text adopted in plenary and transmitted to the Senate, No. 51-1487/5.
Annales parliamentarians. - Discussion and adoption. Session of March 17, 2005.
Senate:
Parliamentary documents. - Project transmitted by the House of Representatives, No. 3-1101/1. - Project not referred to by the Senate.