69/1995 Sb.
The COMMUNICATION FROM the
Ministry of Foreign Affairs
Ministry of Foreign Affairs says that the June 22. February 1995 was in
Ottawa signed the agreement between the Government of the Czech Republic and the Government of Canada on the
cooperation in the peaceful uses of nuclear energy.
Agreement entered into force, pursuant to article XII, paragraph. 1 day
February 22, 1995.
The Czech version of the agreement shall be published at the same time.
The AGREEMENT
between the Government of the Czech Republic and the Government of Canada for cooperation in the peaceful
the use of nuclear energy
The Government of the Czech Republic and the Government of Canada (hereinafter referred to as "the parties"), desiring to
to consolidate the friendly relations that exist between the two parties;
aware of the benefits of effective cooperation in the peaceful uses of nuclear
energy;
considering that the Czech Republic and Canada are countries without nuclear
weapons and the Contracting States to the Treaty on the non-proliferation of day 1.
July 1968 (London, Moscow and Washington, hereinafter referred to as the "Treaty") and, as a
such are committed not to produce or otherwise acquire
nuclear weapons or other nuclear explosive devices, and that each of the parties
has concluded with the International Atomic Energy Agency (hereinafter referred to as "the IAEA")
the agreement on the application of safeguards in connection with the Contract;
Emphasizing further that the parties to the Treaty have undertaken to facilitate the as possible
the most complete Exchange of nuclear materials, materials, equipment and scientific
and technological information for the peaceful use of nuclear energy and have
the right to participate in such an Exchange, and that the parties to the Treaty, which have to
It's assumptions, may also cooperate in order to
contribute to the further development of the use of nuclear energy for peaceful purposes;
have agreed as follows:
Article. (I)
For the purposes of this agreement,
and) "Agency safeguards system" means a system of guarantees set out in the
IAEA document INFCIRC/66/Rev 2, as well as its subsequent amendments,
that are accepted by the parties,
(b)) "competent national authority" means on the part of the Czech Republic
The State Office for nuclear safety, and on the side of Canada, Office of the
the control of Atomic Energy
(c)) "equipment" means any equipment listed in annex b.
This agreement,
(d)) "material" means any of the materials listed in Annex C
This agreement,
(e)) "nuclear material" means any of the "default or
special fissile materials "as defined in article XX of the Statute of
The IAEA, which forms Annex D to this agreement. Any decision of the Council
Governors of the IAEA to complete the list of materials, marked as the default
or special fissile materials, made in accordance with article XX of the Statute,
This agreement will be subject to the scheme only after the parties have notified
that list shall be adopted,
f) "parties" means the individual, firm, Corporation, business
society, community, associations, and other entities, private or
State, regardless of whether they have legal personality, and their
shortcuts,
g) "technology" means the technical data that relying party
marks before and after consultation with the receiving party for the significant
in terms of non-proliferation, and important for the design, manufacture, operation or
maintenance of equipment or for processing nuclear material or material
and includes, without being limited to, technical drawings,
photographic negatives and copies, records, data and design
technickoprovozní manual, with the exclusion of data accessible to the public.
Article II
Cooperation under this Agreement shall apply to the use, development, and application
nuclear energy for peaceful purposes and may include in particular:
and provision of information including technology) that relate to:
(i) research and development;
(ii) health, nuclear safety, planning and the protection of the safety switching
the environment;
(iii) equipment (including the supply of construction, drawings and
specifications);
(iv) the use of nuclear materials, materials and equipment (including
production processes and specifications);
and for the transfer of patent and other proprietary rights relating to the
This information;
(b) the supply of nuclear material) material and equipment;
(c)) the implementation of projects of research and development of nuclear energy, as well as the proposals
its application and applications in areas such as agriculture,
industry, health care, and the production of electricity and heat;
d) industrial cooperation between the parties in the Czech Republic and in Canada;
(e)), technical training and related facilities and access to its
the use of;
f) provision of technical assistance and services, including the exchange of experts and
specialists;
(g)) and the development of resources of uranium exploration.
Article. (III)
(1) the parties will encourage and facilitate cooperation between persons
subject to the legal system of the State of one party and the persons subject to the
the legal order of the State of the other party in matters covered by this agreement.
(2) under the conditions provided for in this agreement may, subject to the
the legal order of the State of one party provide persons subject
the legal order of the State of the other party the nuclear material, material, equipment and
technology and so is can i receive, it's all on a commercial or
other interested parties, agreed basis.
(3) under the conditions provided for in this agreement may, subject to the
the legal order of the State of one party provide persons subject
the rule of law of the State of the other party, technical training in the use of nuclear
energy for peaceful purposes on a commercial or other interested parties
agreed, basis.
(4) the Parties shall seek to facilitate exchanges of experts, technicians and
specialists relating to activities under this agreement.
(5) the Parties shall take all necessary measures to preserve the confidentiality of
information, including commercial and industrial secrets, the transferred between
persons subject to the legal system of States parties.
(6) the parties may, in accordance with the requirements laid down and
conditions, cooperate in the field of security and dozorných aspects
the production of nuclear energy, including (a) the exchange of information and (b) the technical
cooperation and personnel training.
(7) no party will not benefit from the provisions of this agreement for the purpose of
obtaining a commercial advantage, or to interfere with the commercial relations of the other
The parties.
(8) cooperation undertaken under this Agreement shall be in accordance with the
applicable laws, regulations and Government policy in the Czech Republic and in the
Canada.
Article IV
(1) nuclear material, material, equipment and technology, referred to in
Annex A shall be subject to this agreement, unless the parties agree
otherwise.
(2) the item other than that referred to in paragraph 1 of this article shall be
the subject of this agreement, if the Parties so agree in writing.
(3) before any transfer of nuclear material, material, equipment and
technology referred to in paragraphs 1 and 2 of this article, the competent
the State authority shall notify in writing the parties supplying the competent national authority
the receiving party.
(4) the competent national authorities shall determine the method of disclosure and more
organizational procedures necessary for the implementation of this provision, and the other
the provisions of this article.
Article. In
Prior to the transfer of any nuclear material, material, device, or
technologies, which are the subject of this agreement, outside the territory of the State of one
of the parties to this agreement to a third party, that party must obtain written
the consent of the other party. The parties may conclude an agreement in order to facilitate
the implementation of this provision.
Čl.VI
To the enrichment of any nuclear material that is subject to this
the agreement, in the isotope 235 to twenty (20) percent or more of or to
the reprocessing of any nuclear material that is subject to this
the agreement, both sides must give prior written consent. In this consent
must be laid down the conditions under which may be incurred by plutonium or
uranium enriched to twenty (20) percent or more of stored and used.
The parties may conclude an agreement in order to facilitate the implementation of this
the provisions.
Article. (VII)
(1) nuclear material, material, equipment and technology, which are
the subject of this agreement, shall not be used for the manufacture or other acquisition
nuclear weapons or other nuclear explosive devices.
(2) with regard to nuclear material, the implementation of the commitment contained in the
paragraph 1 of this article, verified in accordance with the agreement on safeguards,
which each of the parties has concluded with the IAEA on the basis of the Treaty. However,
If, for any reason or at any time, the IAEA will not be
to carry out such safeguards activities in the territory of State Parties, this must
Party with the other party to conclude an agreement on the establishment of:
and the IAEA safeguards, or)
(b)) the particular safeguard system, which is in accordance with the principles and procedures of the system
the IAEA safeguards and ensures their application to all items that are
the subject of this agreement.
Article. (VIII)
(1) the nuclear material subject to this agreement, will remain until:
and) than it will be decided that either is no longer usable for nuclear
an important activity in terms of the guarantees referred to in article VII of this agreement,
or that it cannot be practically the State applicable to this
activity; The parties undertake to adopt the IAEA decision, made in accordance
with the provisions on termination of safeguards contained in the agreement, whose
the IAEA is a party,
(b)) than would be transferred to a third party in accordance with the provisions of article in this
the agreement, or
(c)) than the parties agree otherwise.
(2) materials and equipment remain the subject of this agreement until such time as:
and) than will be transferred to a third party in accordance with the provisions of article in
This agreement, or
(b)) than the parties agree otherwise.
(3) technology will remain the subject of this agreement until the parties
agree otherwise.
Article. (IX)
(1) the Parties shall, to the extent appropriate to the potential danger, all the
the necessary measures to ensure the physical protection of nuclear material,
that is the subject of this agreement and will comply with the level of physical
at least in the scope of protection set out in Annex E to this agreement.
(2) the Parties shall, at the request of some of them, the competent
questions relating to the physical protection of nuclear material, material,
equipment and technology, which are the subject of this agreement, including issues
relating to physical protection during international transport.
Article. X
(1) at the request of either party, will be carried out at any time
consultations to ensure the effective implementation of the obligations arising from this
the agreement. On the basis of the request, the parties may be invited for these consultations
The IAEA.
(2) the competent national authorities shall lay down the organisational measures required to
facilitate the implementation of this agreement, and enter into consultations once a year or
at any time, at the request of one of those authorities. These consultations may
take place in written form.
(3) each Party shall on request inform the other party of this
the findings of the latest IAEA report from its verification activities, carried out by
on the territory of the first party and relating to nuclear material, which is
the subject of this agreement.
Article. XI
Any dispute arising from the interpretation or implementation of this agreement, which
It will not be solved by negotiation or other means on which the parties
agree, at the request of either of the Parties submitted to the Tribunal
composed of three arbitrators. Each Party shall appoint one arbitrator and these
the two arbitrators shall select a third arbitrator, who is not a citizen of any of the
Parties, as President. If, within 30 days from the filing of the request for arbitration
the management of one of the parties fails to appoint an arbitrator, the other party may request the
the President of the International Court of Justice to appoint the arbitrator for the party,
which it has. If, within thirty (30) days after the appointment or
the determination of the arbitrators of both parties will be elected as the third arbitrator, the
either party may request the President of the International Court of Justice on the
his appointment. The Arbitration Court is valid, if it is present
most of its members, and all decisions shall be taken by a majority vote
all members of the arbitral tribunal. The arbitral tribunal shall determine its own procedural
the rules. The decision of the Arbitration Court are binding for both parties and
-they must be enforced in accordance with the Convention on the recognition and enforcement of foreign
arbitration awards, closed 10. June 1958 in New York City (hereinafter referred to as
"The Convention"), and any declarations made in accordance with article I of the
paragraph. 3 If both sides remain parties to the Convention. Arbitrators ' fees
will be determined on the same basis as the remuneration of judges ad hoc
International Court of Justice.
Article. XII
(1) this Agreement shall enter into force on the date of its signature by both parties.
(2) this agreement may be amended at any time on the basis of written consent
Of the parties. Any changes to this Agreement shall enter into force on the date of the exchange of
diplomatic notes.
(3) Annexes A, B, C, D and E are part of this agreement. May be amended
on the basis of the written consent of the parties.
(4) this Agreement shall remain in force for a period of ten (10) years. If
Neither party notifies the other party of its intention to terminate this
the agreement at least six (6) months before the expiry of this period, this
Furthermore, the agreement will remain in force for a further five-year period (5) if the
one party notifies the other Party at least six (6) months prior to the
the expiry of the current period, of its intention to terminate this
the agreement.
(5) Notwithstanding the termination of this agreement, the obligations will remain
referred to in paragraph 5 of article III, in articles IV, V, VI, VII, VIII, IX, X
and in article XI of this agreement in force so long as the
any nuclear material, material, equipment or technology that
are the subject of this agreement, be located on the territory of the State Party concerned
or anywhere under its control or until the parties have agreed that the
such nuclear material, material, equipment or technology will not be
also usable for any nuclear activity, serious in terms of
warranties.
On the evidence of this sign, duly authorised thereto by their respective Governments for that purpose,
have signed this agreement.
Done at Ottawa on 22. February 1995 in two original copies, each
in Czech, English and French languages, each text being
the same force.
For the Government of the Czech Republic:
Doc. Ing. Josef Zieleniec, CSc., in r.
Minister of Foreign Affairs
For the Government of Canada:
Andre Ouellet, PSS in r.
Minister of Foreign Affairs
Annex And
Nuclear material, material, equipment and technology, which are
the subject of the agreement
(i) nuclear material, material, equipment and technology to be transferred from the
the territory of one party to the territory of the other party directly or
through third parties.
(ii) Material and nuclear material, which is produced or processed into
basis or using any device, which is the subject of this
the agreement.
(iii) nuclear material, which is produced or processed on the basis of the
or with the use of any nuclear material or material that is
the subject of this agreement.
(iv) that the receiving party devices or the party supplying the after
consultation with the party receiving a device that is
designed, constructed or operated on the basis of, or with the use of
technologies listed above, or with the use of technical data derived
of the devices referred to above.
Equipment which meets all three of the following criteria, without
limited to the generality of the previous:
and) is the same type as the device referred to in paragraph (i) [i.e., the
the design, construction or operational processes are based on essentially
the same or similar physical or chemical processes, which
the parties were agreed in writing prior to the transfer of equipment referred to in
paragraph (i)];
(b)) is marked by the receiving party or the supplying party after
consultation with the receiving party, and
(c)) his first operation in place, subject to the rule of law State
the receiving party will begin in the 20 years since the launch of the first operation
equipment referred to under (a)).
Annex B
Device
1. Nuclear reactors capable of operation so as to maintain
controlled will maintain a fission chain reaction, with
the exception of the zero power reactor, which are defined as reactors
with maximum design production capacity of plutonium not exceeding 100
(g) a year.
"Nuclear reactor" basically includes the items within the
reactor vessel or are directly associated with it, a device that
regulates the level of performance in an active zone, and the components which normally
contain the primary refrigerant the active zone or come to
direct contact or regulate this refrigerant.
It is not the intention to exclude reactors which would be capable of after adjustment
produce significantly more than 100 grams of plutonium per year. Reactors designed
for continuous operation at significant power levels, regardless of the
their ability to produce plutonium, are not considered "reactors
the zero in performance ".
2. Reactor pressure vessels: metal containers as one or
the large, factory-made way, their main parts, which are
specially designed or adapted to accommodate the active zone
a nuclear reactor as defined in paragraph 1 above, and which are capable of
resist the pressure of the primary coolant circulating.
Canopy is the main pressure vessel, the factory way produced parts
the reactor pressure vessel.
3. The internal structure of the reactor: the support columns and plates for the active zone and
other vessel internals, control rod guide tubes, thermal
shielding, bulkheads, plates, bars active zone diffuser, etc.
4. Machine loading and removing the nuclear fuel Handling
equipment specially designed or adapted for the delivery or removal of
the fuel of a nuclear reactor as defined in paragraph 1 above, capable of working
for the operation of the reactor or using technically complex elements for
adjust the position and location that allows to perform a complex Exchange of fuel
When the shutdown of the reactor, where it is not possible to directly observe the fuel or when
access to the fuel is not normally possible.
5. control rods of the reactor: Rods specially designed or modified for
Regulation of the reactivity of a nuclear reactor as defined in paragraph 1 above. This
the entry contains the parts absorbing neutrons also support or
the supporting elements of the regulatory rods, if they are supplied separately.
6. The pressure tube reactor: Tubes, which are specially designed or
adapted to contain fuel elements and the primary
the coolant reactor as defined in paragraph 1 above in the operation of the pressure-it
more than 5 megapascal.
7. Zirconium tubes zirconium Metal: or zirconium alloys in the form of
tubes or bundles of tubes, and in quantities exceeding 500 kg/year
specially designed or prepared for use in a reactor as defined in
point 1 above, for which the weight ratio between the hafniem and zirconium is less than
1:500.
8. primary Coolant Pumps: Pumps specially designed or
ready to ensure the circulation of the primary coolant for nuclear reactors
as defined in section 1 above.
9. Plants for the reprocessing of irradiated fuel elements, and equipment
specially designed or manufactured for this purpose:
"The race for the reprocessing of irradiated fuel elements" includes the equipment
and the components which normally comes into direct
contact with irradiated fuel management and directly regulate the main technological flows
the major nuclear material and fission products. The concept of "device
specially designed or manufactured for this purpose "include the following
item:
and) cutting machines of the irradiated fuel elements: remote controlled
equipment specially designed or prepared for use in
přepracovatelském race as defined above and the intended for chopping, cutting,
or cutting the fuel cells of irradiated nuclear fuels, the volume rises
or rods, and
(b)) against the formation of criticality safe tanks (e.g. small-diameter
the tank, the tank annular shape or Board) specially designed
or adapted for use in the přepracovatelském race as defined above
and for the dissolution of irradiated nuclear fuel and able to withstand
a hot, highly corrosive liquid, and which can be remote way
implemented and maintained.
10. Plants for the production of fuel elements:
"The race for the production of fuel elements" includes the equipment:
and that normally) comes into contact with or directly processes or regulates
the production flow of nuclear material, or
(b)) just concluded nuclear material to cover,
(c)) the whole set of items for the above mentioned operations, as well as the individual
items intended for any of the above-mentioned operation and for other operations
in the production of fuel, such as checking the integrity of the cover or seal
and the final adjustment of the fuel being sealed.
11. Equipment specially designed or produced for the separation of isotopes
uranium, with the exception of analytical instruments:
"With the exception of analytical instruments, specially designed
or made for the separation of isotopes of uranium "includes every major
item of equipment specially designed or prepared for the separation
the process. These items include:
-barriers to gas diffusion,
--body gas diffusers,
-Assembly of gas centrifuge are resistant to corrosion by UF6,
-Jet units separation,
-the drive Vortex separation,
-large axial or centrifuge compressors are resistant to corrosion by UF6,
-Special compressor seals for these compressors.
12. Plants for the production of heavy water: "plant for the production of heavy water"
includes the plant and equipment specially designed for
enrichment of deuterium and its compounds and of any significant part of the
the items essential for the operation of the plant.
13. All important components, or components of items listed below
items 1 to 12, above.
Annex (C)
Material
1. Deuterium and heavy water
Deuterium and any compound in which the ratio of deuterium to hydrogen
exceeds 1:5000 for use in a nuclear reactor as defined in item 1
Annex (B) in a quantity exceeding 200 kg of deuterium atoms in any
period of 12 months.
2. Nuclear-pure graphite
Graphite, better than the 5 parts of the boron and the equivalent of a million
density greater than 1.50 g/cm3, in quantities of more than 30 tonnes over the 12
months.
Annex (D)
Article XX
The Statute of the International Atomic Energy Agency Definition
As used in this Statute:
1. The term "special fissionable material" means plutonium-239, uranium-233,
uranium enriched in the isotopes 235 or 233, any material containing a
or more of the above isotopes, other fissile material, which, from time to
time be determined by the Governing Council. The term "special fissionable material", however,
It does not include the default material.
2. the term "uranium enriched in the isotope 235 or 233" means uranium containing the
the isotopes 235 or 233 or both in an amount such that the relative ratio of the
the sum of these isotopes to the isotope 238 is greater than the ratio of isotope 235 to
the isotope 238 occurring in nature.
3. The term "source material" means uranium containing the mixture of isotopes
occurring in nature, uranium depleted in the isotope 235, thorium,
any of the above mentioned items in the form of metal, alloy, chemical
compound or concentrate, and any other material containing one
or more of the above mentioned items in such concentration, which from time to
time be determined by the Governing Council, and such other materials that from time to
time be determined by the Governing Council.
Annex E
Agreed levels of physical protection
Agreed levels of physical protection which must be provided by the competent
State authorities in the use, storage and transport of materials
listed in the attached table must contain at least the following
characteristics of protection:
CATEGORY III
Use and storage within the premises, to which access is
checked.
Transportation under special precautions including prior
negotiated between the sender, the recipient and the carrier, and prior agreement
between the States in the case of international transport specifying time, place and
How to pass the responsibility for transport.
CATEGORY II
Use and storage within protected areas, to which access is
controlled, i.e.. areas under the permanent supervision of the guards or electronic
the device, equipped with a physical barrier with a limited number of entries under the
appropriate control or any areas with equivalent levels of
physical protection.
Transportation under special precautions, including previous
the agreement between the shipper and the carrier, consignee and a previous agreement between the
States in the case of international transport, specifying the time, place and
How to pass the responsibility for transport.
CATEGORY I
The materials in this category must be protected by a highly reliable
systems against unauthorized use in the following way:
Use and storage within a highly protected areas, i.e.,. in
protected areas defined for category II above, in which the
In addition, access is limited to persons whose credibility was
examined, and shall take place under the supervision of the guards, who are in close
conjunction with the appropriate intervention units. The aim of the specific
the measure is the detection and prevention of any assault, unauthorized entry
or unauthorized carrying of material.
Transportation for special security measures identified above
for the transport of category II and III, and in addition, for permanent
supervision of armed escorts and under conditions that ensure the tight
conjunction with the appropriate intervention units.
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Table: Categorization of nuclear material
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Material form of category I Category II category III (c))
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1. Plutonium and) non-irradiated b) 2 kg or more Less than 2 kg, but 500 g or less, but
more than 500 g more than 15 g
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2. Uranium-235 Neozářenýb) of 5 kg or more less than 5 kg, but 1 kg or less, but
-uranium enriched to more than 1 kg more than 15 g
20% 235 U
or more
------------------------------------------------------------------------------------------
-uranium enriched to 10 kg or more Less than 10 kg, but
over 10% 235 U, but more than 1 kg
less than 20%
------------------------------------------------------------------------------------------
-uranium enriched more 10 kg or more
than the natural, but
less than 10% of the
235 U
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3. Uranium-233 Neozářený b) 2 kg or more Less than 2 kg, 500 g or less, but
but more than 500 g more than 15 g c)
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4. Irradiated fuel is Depleted nebopřírodní
uranium, thoriumnebo little
enriched fuel
(with a content of less than
10% of the fissile
isotopes), d), (e))
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and All plutonium except plutonium) with concentrations of the isotope 238
Pu is higher than 80%.
(b)) in the reactor or Material neozářený material in the reactor irradiated,
which is at a distance of 1 m without the shielding power absorbed
the dose is equal to or less than 1 Gy/h (100 rad/h).
(c)) the amount not included in category III, and natural uranium to be
protected in accordance with prudent management practice.
(d)), although this level of protection is recommended, it is left to the
States that after an assessment of the specific circumstances set
another category of physical protection.
(e)) for the fuel, which in its original fissile content
substances is classified before irradiation as a category I or II,
the category may be reduced by one degree in the case that the input
absorbed dose from fuel without the shield at a distance of 1
m exceeds 1 Gy/h (100 rad/h).
