Key Benefits:
Original text
(State on 23 September 2009)
The Governments of the Federal Republic of Germany, the Republic of Austria, the Kingdom of Belgium, the Kingdom of Denmark, the French Republic, the Kingdom of Greece, Ireland, the Republic of Iceland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of Norway, the Kingdom of the Netherlands, the Portuguese Republic, the United Kingdom of Great Britain and Northern Ireland, the Kingdom of Sweden, the Swiss Confederation and the Turkish Republic;
Having resolved to promote the development of the production and use of nuclear energy in the member countries of the European Organisation for Economic Cooperation (hereafter referred to as the "Organisation") Collaboration between these countries and harmonization of national measures;
Whereas the joint action undertaken for this purpose within the Organisation aims to develop the European nuclear industry for purely peaceful purposes and should not be used for military purposes;
Whereas at its meeting on 18 July 1956 the Council of the Organisation (hereafter referred to as the "Council") decided to establish international security control for this purpose;
Whereas, by a Decision dated today, the Council has established, within the framework of the Organisation, a European Agency for Nuclear Energy (hereafter referred to as the 'Agency') Entrusted with the continuation of the joint action undertaken;
Agreed to the following:
A. The purpose of the security check is to ensure that:
B. The security check may extend, at the request of the parties, to any bilateral or multilateral agreement or, at the request of a Government, to any activity under the control of that Government in the field of nuclear energy.
A. For the purposes referred to above, the security check shall apply:
B. However, the Agency's Executive Committee (hereinafter referred to as the "Steering Committee") may exclude the application of security control in the case of special fissionable products exported outside the territories of the Governments that are Parties to the This Convention, provided that such products are subject to equivalent safety control.
For any undertaking or installation subject to control, the Agency shall exercise the following functions and rights, to the extent determined by the safety regulations provided for in Art. 8:
A. Special fissionable products recovered or obtained from raw materials or special fissile materials subject to control shall be used exclusively for peaceful purposes, under the control of the Agency, for research or In reactors, which shall be specified by the Government or the Governments concerned.
B. Any surplus of special fissile material recovered or obtained, in addition to the quantities necessary for the uses indicated above, shall remain subject to the control of the Agency, which may require its deposit with the Agency or in other deposits Controlled or controllable by the Agency, provided that, thereafter, the special fissionable products so deposited are returned without delay to the persons concerned on their application, for use by them under the conditions specified above.
A. The Agency shall have the right and the responsibility to send to the territories of the Governments party to this Convention the inspectors designated by it after consultation with the Government or the Governments concerned, which, at all Time, shall have access to any place, to any person who, by his profession, takes care of products, equipment or installations subject to the control, and to all information, necessary for the accounting of raw materials and fissile materials In order to ensure compliance with the obligations arising from the Agreement, as well as agreements concluded by the Agency with the Government or the Governments concerned.
B. In the event of non-compliance with the said obligations, the Agency may request that the necessary arrangements be made to remedy the situation; if they are not taken within a reasonable period of time, the Agency may prescribe one or Several of the following:
The Governments party to this Convention shall be required to ensure the implementation of the measures prescribed under paragraph (b) of the Art. 5, warrants issued by the President of the Tribunal under s. 11 (e) and, where applicable, the reparation of the infringements by the authors thereof.
The control provided for in this Convention shall be exercised by the following bodies operating within the Agency:
A. The Control Bureau is responsible for:
B. The Control Bureau shall inform the Executive Committee of any infringements which it considers to have been committed and shall report periodically to the Committee on all its activities.
A. The deliberations of the Control Bureau shall be acquired, unless otherwise provided for in its Rules of Procedure, by a majority of its members.
B. The Control Office shall be assisted by an international staff comprising the Director of Control, as well as the administrative and technical staff necessary for the performance of the tasks of the Office of Control and, in particular, a body International inspectors. The inspectors and other members of international staff belong to the staff of the Organization.
C. Subject to their responsibilities to the Agency, inspectors and other members of international staff shall be required, even after termination of their duties, to keep secret the facts and information they have been aware of in The performance of their duties. Any offence shall be liable, in the territories of the Governments party to this Convention, to the penalties which would be provided for by the provisions in force in those Territories concerning the breach of professional secrecy, which The nationality of the offender.
D. The Organization shall remedy the unjustified damage caused by the Agency or by its staff in the performance of their duties.
The Steering Committee shall be competent to take all decisions necessary for the implementation of this Convention, and in particular:
B. Decisions of the Executive Committee on the implementation of this Convention shall be adopted unanimously by its members present and voting. However, decisions made under s. (a) (iv) of this Article shall be adopted by a two-thirds majority of the members of the Executive Committee, excluding the member representing the Government in whose territory the offence was committed.
A. Inspections shall be carried out in accordance with a mission order issued by the Control Office and specifying the installations to be monitored.
B. The Government concerned shall in each case receive prior notice of the monitoring to be carried out, without the notice indicating the installations on which the control is to be carried out.
C. If requested by the Government concerned, international inspectors shall be accompanied by representatives of that Government, provided that the inspectors are not thereby delayed or otherwise impeded in the performance of their duties.
D. International inspectors shall be responsible for the presentation and verification of the accounting of the raw materials and special fissile materials referred to in Art. 3 (c) and to assess whether the obligations arising from the provisions of this Convention and the agreements concluded with the Government or the Governments concerned are complied with. Inspectors shall report any violations to the Office of Control.
E. In the event of opposition to the execution of an inspection measure, the Control Bureau may request the President of the Court of First Instance under Art. 12, in order to ensure that the inspection measure is carried out against the undertaking in question. The President of the Court of First Instance shall decide within three days. This decision does not prejudge the Tribunal's judgment of the claims in respect of the same case, which could later be brought under s. 13.
A Tribunal consisting of seven independent judges appointed for a period of five years by decision of the Council or, failing that, by drawing lots on a list comprising a judge nominated by each Government party to this Convention.
B. If the Tribunal does not consider a judge of the nationality of a party to a dispute before the Tribunal, the Government in question may appoint a person of its choice to sit as an additional judge in this case.
C. The organization of the Tribunal and the status of judges shall be settled in accordance with the Protocol annexed to this Convention.
D. The Court of First Instance shall adopt its Rules of Procedure, which shall be submitted to the Council for approval.
A. Any Government party to this Convention or any undertaking concerned may refer the matter to the Court of First Instance established under Art. 12 claims directed against decisions
B. Where a complaint has been lodged under the preceding paragraph, the Court of First Instance shall rule on the conformity of the contested decision with the provisions of this Convention, safety regulations and agreements provided for in Art. 8. If it finds that the contested decision is contrary to those provisions, the Committee of Management is required to take the measures involved in the implementation of the decision of the Court of First Instance.
C. The Court of First Instance may charge the Agency for compensation for the damage, if any, suffered as a result of the contested decision.
(d) Any undertaking may also request the Court of First Instance to order compensation by the Agency for the abnormal damage it has suffered as a result of an inspection carried out pursuant to Art. 5.
The Tribunal shall have jurisdiction to rule on any other matter relating to the joint action of the member countries of the Organization in the field of nuclear energy which would be submitted to it by agreement of the parties to this Convention concerned.
(a) The appeals brought before the Court of First Instance must be brought in the cases provided for in s. (a) s. 13, within two months of the notification of the contested decision, or, in the other cases, within a period of three years from the knowledge acquired by the undertaking of the facts opening the right to compensation in its favour.
B. Subject to the provisions of the following paragraph, the actions brought before the Court of First Instance shall not have suspensory effect. However, the Court of First Instance may, if it considers that the circumstances so require, order the suspension of the execution of the contested decision.
C. The actions brought before the Court of First Instance against decisions taken under Art. 5 (b) (ii) have suspensory effect. However, the Court of First Instance may, at the request of any Government party to this Convention, order the immediate execution of the decision.
A. An agreement will be concluded between the Organisation and the European Atomic Energy Community (EURATOM) to determine the conditions under which the control established by this Convention will be exercised in the territories to which the Treaty applies Signed in Rome on 25 March 1957 establishing the European Atomic Energy Community (EURATOM), by the competent bodies of EURATOM on Delegation of the Agency with a view to achieving the objectives of this Convention. The European Commission established by the said Treaty will have before it the proposals to this effect as soon as it is established, with a view to reaching an agreement as soon as possible.
B. An agreement may also be reached between the Organisation and the International Atomic Energy Agency to define the cooperation to be established between the two institutions.
Military purposes within the meaning of s. 1 includes the use of special fissile material in weapons of war and excludes uses in reactors for the production of electricity or heat or for propulsion.
A. "Special fissionable product" means plutonium 239; uranium 233; uranium-enriched uranium 235 or 233; any product containing one or more of the above isotopes; and such other fissile material as the Executive Committee Name from time to time. However, the term "special fissionable product" does not apply to raw materials.
"Uranium enriched in uranium 235 or 233" means uranium containing either uranium 235 or uranium 233, either of the two isotopes in such quantities as the ratio of the sum of the two isotopes to the isotope 238 or higher The ratio of isotope 235 to isotope 238 in natural uranium.
C. "Raw material" means uranium containing the mixture of isotopes in nature; uranium with a U 235 content below normal; thorium; all the materials mentioned above in metal form; Of alloying, chemical compounds or concentrates; any other material containing one or more of the materials referred to above at concentrations that the Executive Committee will determine from time to time and such other matter as the Executive Committee Name from time to time.
D. "Material" means the raw material and the special fissile material.
A. Any Government of a member or partner country of the Organization, non-Signatory of this Convention may accede to it, provided that it forms part of the Agency, by notification addressed to the Secretary-General of the Organization.
B. Any Government of another country not a signatory to this Convention may accede to it, provided that it is part of the Agency, by notification addressed to the Secretary-General of the Organization and with the unanimous agreement of the Members of the The Organization. Accession shall take effect on the date of this Agreement.
Any Government party to this Convention may terminate its application by giving one year's notice to that effect to the Secretary-General of the Organization, without his withdrawal being able to put an end to the control exercised over the Previously provided by or under the supervision of the Agency.
A. This Convention shall be ratified. Instruments of ratification shall be deposited with the Secretary-General of the Organization.
B. This Convention shall enter into force as soon as at least ten Signatories have deposited their instruments of ratification. For any Signatory which subsequently ratifies it, this Convention shall enter into force upon the deposit of the instrument of ratification.
C. However, the application of this Convention in the territories of the member countries of the European Atomic Energy Community (EURATOM) shall be subject to the conclusion of the Agreement referred to in Art. 16 (a), except-without prejudice to the conditions to be laid down in this Agreement-with regard to its application to facilities located within the premises of joint undertakings.
The Secretary-General of the Organization shall communicate to all Governments party to this Convention the receipt of instruments of ratification and accession. It shall also notify them of the date of entry into force of this Convention.
The provisions of Art. 1 (a) (ii) relating to "services provided by or under the supervision of the Agency" refers to special assistance that could be granted to a country by virtue of a specific agreement with the Government in question and does not extend the field Application of s. 2 by establishing a resale right resulting in the supervision of the activity of persons who have collaborated in joint ventures or the use of the knowledge acquired by the participants in those undertakings.
In witness whereof, The undersigned Plenipotentiaries, duly authorized, have signed at the bottom of this Convention.
Done at Paris, on 20 December 1957, in English, French, German, Italian and Dutch, in a single copy which shall remain deposited with the Secretary-General of the European Organisation for Economic Cooperation, who shall communicate Certified copy to all Signatories.
(Suivent signatures)
States Parties |
Ratification Accession (A) |
Entry into force |
||
Federal Republic of Germany |
July 22 |
1959 |
July 22 |
1959 |
Austria |
30 October |
1959 |
30 October |
1959 |
Belgium |
July 22 |
1959 |
July 22 |
1959 |
Denmark |
23 May |
1959 |
July 22 |
1959 |
Spain |
July 22 |
1959 A |
July 22 |
1959 |
France |
23 February |
1959 |
July 22 |
1959 |
Great Britain |
10 May |
1958 |
July 22 |
1959 |
Ireland |
2 December |
1958 |
July 22 |
1959 |
Italy |
3 April |
1963 |
3 April |
1963 |
Luxembourg |
19 May |
1960 |
19 May |
1960 |
Norway |
12 February |
1959 |
July 22 |
1959 |
Netherlands |
July 9 |
1959 |
July 22 |
1959 |
Portugal |
26 September |
1959 |
26 September |
1959 |
Sweden |
5 January |
1960 |
5 January |
1960 |
Switzerland |
21 January |
1959 |
July 22 |
1959 |
Turkey |
July 20 |
1959 |
July 22 |
1959 |
1 RO 1959 909