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Royal Decree 1206 / 2003, Of 19 September, For The Implementation Of The Commitments Made By The Spanish State In The Additional Protocol To The Safeguards Agreement Arising From The Treaty On The Non-Proliferation Of Nuclear Weapons.

Original Language Title: Real Decreto 1206/2003, de 19 de septiembre, para la aplicación de los compromisos contraídos por el Estado español en el Protocolo adicional al Acuerdo de salvaguardias derivado del Tratado sobre la no proliferación de las armas nucleares.

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TEXT

The non-nuclear weapon states which are party to the Treaty of 1 July 1968 on the non-proliferation of nuclear weapons undertake, in accordance with the provisions of Article III thereof, to accept the safeguards provided for in a concerted agreement with the International Atomic Energy Agency (hereinafter the Agency), in accordance with the Agency's statute and safeguards system, for purposes only of verifying the compliance with the obligations assumed by those States with a view to preventing nuclear energy from being diverted from uses peaceful nuclear weapons or other explosive nuclear devices. The safeguards shall apply to all basic materials or special fissile materials in all nuclear activities for peaceful purposes carried out in the territory of those States, under their jurisdiction, or carried out under their control in any place.

Spain acceded to this Treaty by means of the Instrument of Accession of 13 October 1987, published in the Official Gazette of 31 December 1987.

To this end, the European Atomic Energy Community (hereinafter the Community), its then non-nuclear weapon Member States and the Agency adopted an agreement, known as the Safeguards Agreement, concluded in Brussels on 5 April 1973, for which the Community undertakes to apply its safeguards to such materials in all nuclear activities for peaceful purposes, developed in the territories of the States and to cooperate with the Community. Body in order to check that they are not diverted to nuclear weapons or other nuclear devices explosives. For its part, the Agency shall apply its safeguards in such a way as to enable it to verify the results of the Community's system of safeguards. The practical application at European Union level is carried out in accordance with the provisions of Commission Regulation (Euratom) No 3227/76 of 19 October 1976 on the implementation of the provisions on the control of safety and security at the level of the European Union. of EURATOM. This agreement entered into force in Spain on 5 April 1989.

The growing concern in the international community in the field of nuclear safeguards has advised to strengthen nuclear non-proliferation by strengthening efficiency and increasing system efficiency. of the Agency's safeguards, extending its scope and including, inter alia, activities which, while not directly related to nuclear materials, can contribute to the development of plans for the production of nuclear weapons. To this end, those known as Additional Protocols to the Safeguards Agreements with the Agency have been established. At the level of the European Union, on 22 September 1998, the Additional Protocol to the Safeguards Agreement between the Community, the Member States of the non-nuclear weapon holders and the Agency was signed and ratified by Spain by means of an instrument dated 9 December 1999.

This Additional Protocol substantially increases the information to be submitted to the Agency regarding multiple aspects of the nuclear industry and research, in particular the import and export of materials. nuclear, uranium mines and uranium and thorium concentration plants, research and development on the nuclear fuel cycle, the description of sites where nuclear materials are commonly used and the manufacture, import and export of non-nuclear equipment and materials which the Agency has identified that they are related to activities that pose a risk of proliferation of nuclear weapons. In addition, the Additional Protocol confers on the Agency's inspectors extensive access rights to any part within the sites and places where equipment or materials are located or activities subject to control are developed. safeguards for the development of the inspection measures provided for in that, including closed facilities, as well as the sites specifically indicated by the Agency for the performance of specific and large environmental sampling zones.

The need for this royal decree arises as a consequence of the fact that part of the new requirements set out in the Additional Protocol is the responsibility of the States, and there is no legal basis in the Euratom Treaty for the Community may provide in its own rules for the full scope of the Additional Protocol, in particular with regard to specifically non-nuclear materials, equipment and activities. Consequently, by means of this royal decree, certain national implementing measures are established to ensure at the internal level the fulfilment of the obligations contracted by the Spanish State in the field of non-proliferation of nuclear weapons. arising from the application of the Additional Protocol.

This royal decree consists of 17 articles, distributed in four chapters, and five final provisions.

In Chapter I, "General provisions", which covers Articles 1, 2 and 3, the object and the subjective scope of application are determined, while the definitions of the concepts used in the text are collected.

In Chapter II, "Provision of Information", which includes Articles 4 to 7, information is determined that the required subjects, having regard to the type of activity they carry out, must submit to the Administration, both on a regular basis as at the specific request of the Agency, as well as the time limits for its referral, all guaranteeing the confidentiality of the information which is the responsibility of the Administration.

Chapter III, "Complementary and controlled access", covers Articles 8 to 16, and specifies the facilities or places to which access to the Agency's inspectors and activities should be permitted. (a) to prevent the dissemination of sensitive information, which may be carried out by the Member States, in order to prevent the dissemination of sensitive information. Also, the requirements regarding the notification of the complementary accesses by the Administration and for the access that, in the case of an environmental sampling, will require the prior consent of the natural or legal person are established or, where appropriate, the authorisation of the relevant judicial authority.

Chapter IV, "sanctioning regime", which contains Article 17, establishes the sanctioning regime that results from application to the subjects who are bound by the provisions of this royal decree.

Finally, since the drafting of the royal decree has considered the assumption by the State of all the powers conferred on it by the Additional Protocol and, on the other hand, its Annex III provides for the possibility that the The State entrusts the European Commission with the application of provisions which are the responsibility of the State, by means of the final provision first the Minister of Economy is enabled to approve the provisions that could be derived from such a mandate.

In its virtue, on the proposal of the Minister of Economy, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting on September 19, 2003,

D I S P O N G O:

CHAPTER I

General provisions

Article 1. Object.

1. This royal decree is intended to regulate the fulfilment of the obligations of the Spanish State on the non-proliferation of nuclear weapons, as a Member State of the European Union and as a State party to the Treaty on non-proliferation of nuclear weapons. the proliferation of nuclear weapons, in accordance with the provisions of the Additional Protocol to the Safeguards Agreement.

2. The application of the provisions of this royal decree is without prejudice to the fulfilment of the obligations arising out of the Safeguards Agreement, as well as the provisions of the legislation in force in the European Union in this field.

Article 2. Definitions.

For the purposes of this royal decree, it is understood by:

(a) Administration: the Directorate-General for Energy Policy and Mines of the Ministry of Economy, pursuant to Article 9.1.k of Royal Decree 1371/2000 of 19 July 2000 amending and developing the basic organic structure of the Ministry of Economy.

(b) Community: a legal person established under the Treaty establishing the European Atomic Energy Community (EURATOM) of 25 March 1957.

(c) Body: legal person established by the Statute of the International Atomic Energy Agency of 26 October 1956.

(d) Commission Regulation: Commission Regulation (Euratom) No 3227/76 of 19 October 1976 on the application of the provisions on the security control of EURATOM, as amended by Regulation (Euratom) No 3227/76 Commission Regulation (EEC) No 220/90 of 26 January 1990 and Commission Regulation (Euratom) No 2130/93 of 27 July 1993 and those which are to be adopted in the future on the same subject.

(e) Safeguards Agreement: Agreement of 5 April 1973, concluded between the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Ireland, the Republic of Italy, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the European Atomic Energy Community and the International Atomic Energy Agency, in accordance with the provisions of Article III (1) and (4) of the Treaty on the Non-Proliferation of Nuclear Weapons of 1 of July 1968, and which entered into force in Spain on 5 April 1989 under the Instrument for Accession of March 27, 1989.

(f) Additional Protocol: Additional Protocol of 22 September 1998 to the Safeguards Agreement, as defined in paragraph (e) above. Published in the Official Journal of the European Communities of 13 March 1999.

g) Safeguards system: set of measures (accounting, inspection, notifications, etc.), intended to verify compliance with the obligations assumed by the States under Article II of the Treaty on the non-proliferation of nuclear weapons.

(h) Basic materials: uranium containing the mixture of isotopes found in nature; uranium whose abundance in uranium 235 is lower than normal; thorium; all the materials mentioned above under the form of metal, alloy, chemical compound or concentrate, as well as any other material determined by the Board of Governors of the Agency and accepted by the Community and the Member States. The term "basic materials" is understood to be not applicable to minerals or mineral residues.

i) Special fissile materials: plutonium 239; uranium 233; uranium enriched in uranium 235 or uranium 233; any other material containing one or more of the above, and other fissile materials to be determined by the Board of Governors of the Agency and accepted by the Community and the Member States. The expression 'special fissile materials' does not include basic materials, minerals or mineral residues.

(j) Nuclear materials: the basic materials and special fissile materials, as defined in paragraphs (h) and (i) above.

k) Uranium enriched uranium 235 or uranium 233:

the uranium containing uranium 235 or uranium 233, or both, in such a quantity that the ratio between the sum of the quantities of these two isotopes and that of the isotope 238 is higher than the ratio between the quantity of the isotope 235 and the isotope 238 in natural uranium. 'enrichment' means the relationship between the total weight of the uranium-233 isotopes and uranium 235, and the total weight of uranium in question.

l) Highly enriched uranium: uranium containing 20 percent or more of the isotope uranium 235.

m) Effective kilogram: is a special unit used in the application of safeguards to nuclear materials. The quantity of effective kilograms will be obtained by taking:

1. º For plutonium, its weight in kilograms.

2. º For uranium with an enrichment equal to or greater than 0.01 (1 percent), the product of its weight in kilograms per square of enrichment.

3. º For uranium with an enrichment of less than 0.01 (1 percent) and above 0.005 (0.5 percent), the product of its weight in kilograms per 0.0001.

4. º For depleted uranium with an enrichment equal to or less than 0.005 (0.5 percent) and for thorium, the product of its weight in kilograms per 0.00005.

n) Research and development activities related to the nuclear fuel cycle: activities specifically related to any development aspect of the process or system of any of the following items:

1. Conversion of nuclear material.

2. Enrichment of nuclear material.

3. Manufacturing of nuclear fuel.

4. Reactors.

5. Critical Sets.

6. Nuclear fuel reprocessing, or 7. Processing (excluding repackaging or conditioning that does not include separation of elements, for storage or final disposal) of waste of activity intermediate or high containing plutonium, highly enriched uranium or uranium 233,

but there are no activities related to scientific research of a theoretical or basic nature or to research and development on the industrial applications of radioisotopes, the applications of these in medicine, hydrology and agriculture, health and environmental effects or improvement of maintenance.

n) Site: the area defined by the Community and the Administration in the relevant design information for a facility, including closed facilities, and in the relevant information on a place outside the facilities where nuclear materials are commonly used, including places outside the closed premises where nuclear material is commonly used (these are limited to places with cells hot or in which conversion-related activities were carried out, the enrichment, manufacture or reworking of fuel). The site shall also cover all units located jointly in the installation or place, for the provision or use of essential services, including: hot cells for the processing of irradiated materials that do not contain nuclear material; treatment facilities, storage and final disposal of waste, and buildings related to activities specified and indicated by the Administration in accordance with Article 2.a. (iv) of the Additional Protocol.

o) Installation:

1. A reactor, a critical assembly, a conversion plant, a manufacturing plant, a reprocessing plant, an isotope separation plant or a separate storage facility; or 2. the use of nuclear materials in quantities exceeding one effective kilogram.

p) Place outside the facility: any plant or site, other than an installation, where nuclear materials are normally used in quantities of one kilogram or less.

q) Closed installation or place outside the closed facility: a facility or site where the residual structures and equipment essential for use have been removed or used in such a way that they are not used to store, and can no longer be used to manipulate, process or use nuclear materials.

r) Closed installation or place outside the closed facility: a facility or site where the operations have ceased and the nuclear materials have been removed, but which has not been closed.

s) Specific environmental sampling for places:

the taking of environmental samples (e.g., air, water, vegetation, soils, frotis) at the sites and in their vicinity, specified by the Agency, in order to assist them in drawing conclusions on the the absence of nuclear material or undeclared nuclear activities at the specified sites.

t) Environmental sampling of large areas: the taking of environmental samples (e.g. water, vegetation, soils, frotis) in a set of sites specified by the Agency for the purpose of helping them to deduce conclusions on the absence of nuclear material or undeclared nuclear activities in a large area of the State.

Article 3. Subjects obliged.

The provisions of this royal decree apply to any natural or legal person who carries out activities referred to in Article 2 of the Additional Protocol, or is responsible for facilities, buildings, sites or places as an operator or owner, in accordance with Articles 2, 5, 8 and 9 of the Additional Protocol.

CHAPTER II

Provisioning of information

Article 4. Information to be sent to the Administration.

1. For its declaration to the Agency, the subject must submit to the Administration the following information:

(a) In relation to nuclear fuel cycle research and development activities in which nuclear material is not involved, which are carried out anywhere and which are financed, specifically authorised or controlled by the State or carried out on its behalf: a general description of those activities and information on the location of the sites in which they are developed.

(b) In relation to each site: a map of the site, a general description of each building within the site, including its use and, where it is not apparent from that description, the description of its content.

(c) In the event that any other bound subject other than the holder of a placement is present on the site, the subject-holder shall communicate: the identity of those other bound subjects and a description of the activities to be carried out on that site.

(d) In relation to the activities specified in Annex I to the Additional Protocol: a description of the magnitude of the operations for each of the locations in which these activities are carried out.

e) in relation to intermediate or high-activity residues containing plutonium, highly enriched uranium or uranium 233 for which the safeguards have ceased in accordance with Article 11 of the Treaty; Safeguards Agreement: information relating to the location or further processing of such waste. The term 'further processing' shall not include the repackaging of the waste or its subsequent packaging, which does not include the separation of elements, for storage or final disposal.

(f) In relation to transfers to States which are part of the Community or exports to States which are not part of the Community of non-nuclear equipment or materials specified in Annex II to the Protocol additional and, where appropriate, with any changes that may be made in accordance with Article 16.b), for each transfer or export:

recipient's identity, quantity, place where they are intended to be used in the State of destination and the date or date, as the case may be, of the export or transfer.

g) In relation to activities related to the development of the nuclear fuel cycle approved by the State, including planned research and development activities in relation to that cycle: plans general for the next 10-year period.

(h) In relation to nuclear fuel cycle research and development activities in which nuclear material is not involved and which are specifically related to the isotopic enrichment of the nuclear fuel fuel, with the reprocessing of nuclear fuel or with the treatment of intermediate or high-activity wastes containing plutonium, highly enriched uranium or uranium 233, and which are developed anywhere in the State but which are not financed, specifically authorised or controlled by the State or carried out in its name: a general description of these activities and information about the location of the sites in which they are developed. For this purpose, the "processing" of intermediate or high-activity waste shall not include the repackaging of waste or its packaging, which does not include the separation of elements, for storage or final disposal.

2. The information specified in paragraph 1 above shall be transmitted in accordance with the following deadlines:

a) The one specified in paragraphs (a), (b), (c), (d), (g) and (h):

1. º The initial information, within 120 calendar days following the entry into force of the Additional Protocol.

2. The updates of this information for each calendar year, before March 15 of the following year.

b) The one specified in paragraph e):

1. º The initial information, within 120 calendar days following the entry into force of the Additional Protocol.

2. The updates of this information for each calendar year, before March 15 of the following year.

3. Within the 210 calendar days prior to the new treatment.

c) The one specified in paragraph (f): quarterly, within 45 calendar days of the end of each quarter.

Article 5. Information to be sent to the Administration upon request of the Agency.

1. In order to be able to transmit to the Agency the information which may be specifically requested from the State, according to the Additional Protocol, the obligated subject shall forward to the Administration the following information:

(a) In relation to transfers from States which are part of the Community or from imports from States which are not part of the Community of non-nuclear equipment or materials specified in Annex II to the Additional protocol and, where appropriate, any amendments which may be made in accordance with Article 16.b): the identity of the sender, quantity, place of use and the date or date, as the case may be, of the import or transfer.

b) In relation to activities that are carried out in locations outside a site but which the Agency considers may have a functional relationship with the activities of that site: a general description of the activities and identity of the person or entity performing such activities.

(c) In relation to operational activities deemed to be of importance by the Agency for the purposes of safeguards that are carried out in facilities and in places outside the facilities in which they are normally used nuclear material: the information indicated by the Agency on the basis of the forecast for increases in efficiency and efficiency.

(d) The subjects referred to in Article 4 and in the preceding paragraphs of this paragraph shall provide further information or clarifications in relation to the information submitted in accordance with the requirements of those paragraphs. articles, to the extent that this is deemed necessary for the purposes of the safeguards.

2. The information specified in paragraph 1 above shall be transmitted in accordance with the following deadlines:

(a) The one specified in subparagraph (a): within 45 calendar days following the notification to that effect by the Administration.

(b) that specified in paragraphs (b) and (d): within the period specified in the notification to that effect by the Administration.

(c) The one specified in paragraph (c): within the time limit and with the frequency indicated in the notification to that effect by the Administration.

Article 6. Other shipments of information to the Administration.

1. The Administration responsible for the monitoring and control of the information submitted by the subjects required in accordance with Articles 4 and 5 may request further information or clarification in relation to the information provided by the parties. effects of compliance with what was established in this royal decree.

2. The parties shall forward to the administration, at the same time, a copy of all the information which, for the purposes of compliance with the Additional Protocol, refers to the Community.

Article 7. Confidentiality and protection of information.

The data, information and documentation that is collected and covered by the Administration pursuant to the provisions of this royal decree may be used only for the purposes of the fulfilment of the obligations arising from the of the Additional Protocol, except prior consent of the obligated subject.

CHAPTER III

Complementary and controlled access

Article 8. Places to which access to the Agency should be provided.

In addition to the access to the facilities provided for in Articles 76 and 77 of the Safeguards Agreement, the required subject shall allow duly accredited inspectors of the Agency to have access to:

a) Any place within a site.

(b) The uranium concentrate mines and plants, as well as the thorium concentrate plants.

(c) Any place where basic materials are located that have not yet reached the appropriate composition and purity for the manufacture of nuclear fuel or for its isotopic enrichment.

(d) Any place where nuclear material is located free of safeguards under Article 37 of the Safeguards Agreement.

e) Any place where nuclear material is located exempt from safeguards under Article 36.b) of the Safeguards Agreement.

(f) Any place where intermediate or high-activity residues containing plutonium, highly enriched uranium or uranium-233-free of safeguards are located under Article 11 of the Safeguards Agreement.

g) Any closed facility or any location outside the closed facility where nuclear materials were commonly used.

Article 9. Additional locations to which access to the Agency should be provided.

The subject shall allow duly accredited inspectors of the Agency to have access to places other than those referred to in Article 8 where:

(a) Research and development activities related to the nuclear fuel cycle are carried out in which nuclear material is not involved, which are carried out anywhere and which are financed, specifically authorised or controlled by the State or carried out on its behalf.

(b) Activities specified in Annex I to the Additional Protocol are carried out.

(c) Non-nuclear equipment or materials specified in Annex II to the Additional Protocol coming from a State party to the Community or not a part of the Community.

(d) Research and development activities related to the nuclear fuel cycle are carried out in which nuclear material is not involved and are specifically related to enrichment; reprocessing of fuel or the processing of intermediate or high-activity waste containing plutonium, highly enriched uranium or uranium-233 and which are developed anywhere in the State but which are not financed, specifically authorised or controlled by the State or carried out on its behalf.

Article 10. Access to sites functionally related to sites.

Any natural or legal person shall permit access to the Agency's inspectors to any location outside a site which it considers may have a functional relationship with the activities of the site.

Article 11. Specific environmental sampling.

Any natural or legal person, prior to his or her consent, or, where appropriate, prior to judicial authorization, shall permit access to the Agency's inspectors to any place other than those specified in Articles 8, 9 and 10, in order to perform a specific environmental sampling.

Article 12. Notification of complementary accesses.

1. The Administration shall communicate in writing with a notice of at least 12 hours to the subjects referred to in Articles 4 and 5 the arrival of the inspectors of the Agency on the occasion of additional access.

In this notification, the justification alleged by the Agency in its application for access will be stated, as well as the activities of those referred to in Articles 14 and 15 shall be carried out by the Agency's inspectors. during your visit.

2. Where the Agency requests access to any site on a site coinciding with an inspection visit provided for in the Safeguards Agreement, the notice of the Administration may be reduced to one hour and, in exceptional cases, the Warning time could be lower. The Administration shall inform the subject or the person responsible for the placement, or its representative, of the justification alleged by the Agency in its request for access, as well as the activities referred to in Articles 14 and 15. carried out by the inspectors of the Agency during their visit. If, due to the urgency, the notification cannot be made in writing, the Administration will confirm it in writing within 72 hours after the visit.

Article 13. Conditions for access.

1. Access to the places described in Articles 8, 9 and 10 may only be carried out during the normal working day stipulated in the installation concerned.

2. In order to allow access to the Agency's inspectors to the sites referred to in Articles 8, 9, 10 and 11, those inspectors shall submit to the subject or the person responsible for the site, or their representative, the documents in which they are established. his designation as an inspector of the Agency, as laid down in the Safeguards Agreement and the Additional Protocol.

3. Representatives of the Administration may accompany the inspectors of the Agency during the additional accesses referred to in Articles 8, 9, 10 and 11.

Article 14. Activities to be performed during complementary accesses.

Inspectors of the Agency, during access to the sites referred to in Articles 8, 9, 10 and 11 may, as appropriate, carry out the following activities:

(a) In the case of access, provided for in Article 8 (a) and (g): eye observation, environmental sampling, use of radiation detection and measurement devices, application of seals and other devices identifiers and indicators of foreign interference specified in the subsidiary arrangements.

(b) In the case of access provided for in Article 8 (b), (c), (d), (e) and (f): eye observation, counting of consignments of nuclear materials, non-destructive measurements and sampling, use of devices for detection and Radiation measurement, examination of the records as regards quantities, origin and disposal of the materials and the taking of environmental samples.

(c) In the case of access provided for in Articles 9 and 10: eye observation, environmental sampling, use of radiation detection and measurement devices, examination of production and dispatch records, are interesting for the safeguards.

(d) Where the results of environmental sampling, as provided for in Article 11, do not allow the question or discrepancy at the site specified by the Agency to be resolved: eye observation and use of devices Detection and measurement of radiation.

Article 15. Additional activities in the complementary accesses.

During access to the sites referred to in Articles 8, 9, 10 and 11, the Agency's inspectors, in addition to the activities provided for in Article 14, may carry out other objective measures whose technical feasibility is it has been demonstrated and the use of which has been agreed by the Board of Governors of the Agency following consultations between the Agency, the Administration and, where appropriate, the Community.

Article 16. Controlled access.

For the purposes of the application of the Additional Protocol in relation to controlled access, in order to prevent the spread of proliferation sensitive information, to satisfy the requirements of the security or physical protection or to protect sensitive information for reasons of industrial or commercial property, the subjects, when communicating the information specified in Articles 4 and 5, may indicate the zones within a place or of a site where such access may be applicable.

CHAPTER IV

Sanctioning Regime

Article 17. Infringements.

infringements of the provisions of this royal decree, not falling within the scope of the sanctioning power conferred on the Community pursuant to Article 83 of the Treaty establishing the European Community, Atomic energy shall be sanctioned in accordance with the provisions of Chapter XIV of Law 25/1964 of 29 April on nuclear energy.

Final disposition first. It entrusts the European Commission.

In the event that the State entrusted to the European Commission the application of provisions which under the Additional Protocol are the responsibility of the State, pursuant to the provisions of Annex III to that Protocol, the Minister is authorized to The Economic and Social Affairs Council adopted the following provisions:

Final disposition second. Development of the precepts.

The Minister of Economy is authorized to approve the provisions necessary for the implementation and development of the provisions of this royal decree.

Final disposition third. External trade control.

The application of what is established in this royal decree is without prejudice to compliance with the current regulations on the control of the foreign trade in defense and dual-use material, and the application of the existing trade arrangements for nuclear materials.

Final disposition fourth. Competence rating.

This rule is dictated by the provisions of Article 149.1.10. and the 26th of the Constitution, which attributes to the State exclusive competence in matters of foreign trade and the regime of production, trade, tenure and use of weapons and explosives, respectively.

Final disposition fifth. Entry into force.

This royal decree will enter into force on the day when the Additional Protocol of 22 September 1998, as defined in Article 2.f) of this royal decree, enters into force in the Spanish State.

Given in Madrid, 19 September 2003.

JOHN CARLOS R.

The First Vice President of the Government and Minister of Economy,

RODRIGO DE RATO Y FIGAREDO