Decreto n.º 19/79 — Aprova para ratificação o Acordo entre a República de Portugal e a Agência Internacional de Energia Atómica para a…

de 1 de Março

O Governo decreta, nos termos da alínea c) do artigo 200.º da Constituição da República Portuguesa, o seguinte:

Artigo único. É aprovado para ratificação o Acordo entre a República de Portugal e a Agência Internacional de Energia Atómica para a Aplicação de Salvaguardas em Relação com o Tratado de não Proliferação das Armas Nucleares, concluído em Viena em 7 de Agosto de 1978, cujo texto em inglês e respectiva tradução seguem em anexo.

Visto e aprovado em Conselho de Ministros - Carlos Alberto da Mota Pinto - João Carlos Lopes Cardoso de Freitas Cruz.

Assinado em 18 de Janeiro de 1979.

Publique-se.

O Presidente da República, ANTÓNIO RAMALHO EANES.

Agreement between the Republic of Portugal and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons.

Whereas the Republic of Portugal (hereinafter referred to as «Portugal») is a party to the Treaty on the Non-Proliferation of Nuclear Weapons (hereinafter referred to as «the Treaty») opened for signature at London, Moscow and Washington on 1 July 1968 and which entered into force on 5 March 1970;

Whereas paragraph 1 of article III of the Treaty reads as follows:

Each non-nuclear-weapon State Party to the Treaty undertakes to accept safeguards, as set forth in an agreement to be negotiated and concluded with the International Atomic Energy Agency in accordance with the Statute of the International Atomic Energy Agency and the Agency's safeguards system, for the exclusive purpose of verification of the fulfilment of its obligations assumed under this Treaty with a view to preventing diversion of nuclear energy from peaceful uses to nuclear weapons or other nuclear explosive devices. Procedures for the safeguards required by this article shall be followed with respect to source or special fissionable material whether it is being produced, processed or used in any principal nuclear facility or is outside any such facility. The safeguards required by this article shall be applied on all source or special fissionable material in all peaceful nuclear activities within the territory of such State, under its jurisdiction, or carried out under its control anywhere.

Whereas the International Atomic Energy Agency (hereinafter referred to as «the Agency») is authorised, pursuant to article III of its Statute, to conclude such agreements;

Now therefore Portugal and the Agency have agreed as follows:

PART I

Basic undertaking

ARTICLE 1

Portugal undertakes, pursuant to paragraph 1 of article III of the Treaty, to accept safeguards, in accordance with the terms of this Agreement, on all source or special fissionable material in all peaceful nuclear activities within its territory, under its jurisdiction or carried out under its control anywhere, for the exclusive purpose of verifying that such material is not diverted to nuclear weapons or other nuclear explosive devices.

Application of safeguards

ARTICLE 2

The Agency shall have the right and the obligation to ensure that safeguards will be applied, in accordance with the terms of this Agreement, on all source or special fissionable material in all peaceful nuclear activities within the territory of Portugal, under its jurisdiction or carried out under its control anywhere, for the exclusive purpose of verifying that such material is not diverted to nuclear weapons or other nuclear explosive devices.

Co-operation between Portugal and the Agency

ARTICLE 3

Portugal and the Agency shall co-operate to facilitate the implementation of the safeguards provided for in this Agreement.

Implementations of safeguards

ARTICLE 4

The safeguards provided for in this Agreement shall be implemented in a manner designed:

ARTICLE 5

ii) Summarized information on nuclear material subject to safeguards under this Agreement may be published upon decision of the Board if Portugal agrees thereto.

ARTICLE 6

ii) Statistical techniques and random sampling in evaluating the flow of nuclear material; and

iii) Concentration of verification procedures on those stages in the nuclear fuel cycle involving the production, processing, use or storage of nuclear material from which nuclear weapons or other nuclear explosive devices could readily be made, and minimization of verification procedures in respect of other nuclear material, on condition that this does not hamper the Agency in applying safeguards under this Agreement.

National system of materials control

ARTICLE 7

Provision of information to the Agency

ARTICLE 8

ii) Information pertaining to facilities shall be the minimum necessary for safeguarding nuclear material subject to safeguards under this Agreement.

Agency inspectors

ARTICLE 9

ii) If Portugal, either upon proposal of a designation or at any other time after a designation has been made, objects to the designation, the Agency shall propose to Portugal an alternative designation or designations.

iii) If, as a result of the repeated refusal of Portugal to accept the designation of Agency inspectors, inspections to be conducted under this Agreement would be impeded, such refusal shall be considered by the Board, upon referral by the director general of the Agency (hereinafter referred to as «the director general»), with a view to its taking appropriate action.

ii) To ensure protection of industrial secrets or any other confidential information coming to the inspectors, knowledge.

Privileges and immunities

ARTICLE 10

Portugal shall accord to the Agency (including its property, funds and assets) and to its inspectors and other officials, performing functions under this Agreement, the same privileges and immunities as those set forth in the relevant provisions of the Agreement on the Privileges and Immunities of the International Atomic Energy Agency.

Termination of safeguards

ARTICLE 11

Consumption or dilution of nuclear material

Safeguards shall terminate on nuclear material upon determination by the Agency that the material has been consumed, or has been diluted in such a way that it is no longer usable for any nuclear activity relevant from the point of view of safeguards, or has become practically irrecoverable.

ARTICLE 12

Transfer of nuclear material out of Portugal

Portugal shall give the Agency advance notification of intended transfers of nuclear material subject to safeguards under this Agreement out of Portugal, in accordance with the provisions set out in part II of this Agreement. The Agency shall terminate safeguards on nuclear material under this Agreement when the recipient State has assumed responsibility therefor, as provided for in part II of this Agreement. The Agency shall maintain records indicating each transfer and, where applicable, the re-application of safeguards to the transferred nuclear material.

ARTICLE 13

Provisions relating to nuclear material to be used in non-nuclear activities

Where nuclear material subject to safeguards under this Agreement is to be used in non-nuclear activities, such as the production of alloys or ceramics, Portugal shall agree with the Agency, before the material is so used, on the circumstances under which the safeguards on such material may be terminated.

Non-application of safeguards to nuclear material to be used in non-peaceful activities

ARTICLE 14

If Portugal intends to exercise its discretion to use nuclear material which is required to be safeguarded under this Agreement in a nuclear activity which does not require the application of safeguards under this Agreement, the following procedures shall apply:

ii) That during the period of non-application of safeguards the nuclear material will not be used for the production of nuclear weapons or other nuclear explosive devices;

Finance

ARTICLE 15

Portugal and the Agency shall bear the expenses incurred by them in implementing their respective responsibilities under this Agreement. However, if Portugal or persons under its jurisdiction incur extraordinary expenses as a result of a specific request by the Agency, the Agency shall reimburse such expenses provided that it has agreed in advance to do so. In any case the Agency shall bear the cost of any additional measuring or sampling which inspectors may request.

Third party liability for nuclear damage

ARTICLE 16

Portugal shall ensure that any protection against third party liability in respect of nuclear damage, including any insurance or other financial security, which may be available under its laws or regulations shall apply to the Agency and its officials for the purpose of the implementation of this Agreement, in the same way as that protection applies to nationals of Portugal.

International responsibility

ARTICLE 17

Any claim by Portugal against the Agency or by the Agency against Portugal in respect of any damage resulting from the implementation of safeguards under this Agreement, other than damage arising out of a nuclear incident, shall be settled in accordance with international law.

Measures in relation to verification of non-diversion

ARTICLE 18

If the Board, upon report of the director general, decides that an action by Portugal is essential and urgent in order to ensure verification that nuclear material subject to safeguards under this Agreement is not diverted to nuclear weapons or other nuclear explosive devices, the Board may call upon Portugal to take the required action without delay, irrespective of whether procedures have been invoked pursuant to article 22 of this Agreement for the settlement of a dispute.

ARTICLE 19

If the Board, upon examination of relevant information reported to it by the director general, finds that the Agency is not able to verify that there has been no diversion of nuclear material required to be safeguarded under this Agreement, to nuclear weapons or other nuclear explosive devices, it may make the reports provided for in paragraph C of article XII of the Statute of the Agency (hereinafter referred to as «the Statute») and may also take, where applicable, the other measures provided for in that paragraph. In taking such action the Board shall take account of the degree of assurance provided by the safeguards measures that have been applied and shall afford Portugal every reasonable opportunity to furnish the Board with any necessary reassurance.

Interpretation and application of the agreement and settlement of disputes

ARTICLE 20

Portugal and the Agency shall, at the request of either, consult about any question arising out of the interpretation or application of this Agreement.

ARTICLE 21

Portugal shall have the right to request that any question arising out of the interpretation or application of this Agreement be considered by the Board. The Board shall invite Portugal to participate in the discussion of any such question by the Board.

ARTICLE 22

Any dispute arising out of the interpretation or application of this Agreement, except a dispute with regard to a finding by the Board under article 19 or an action taken by the Board pursuant to such a finding, which is not settled by negotiation or another procedure agreed to by Portugal and the Agency shall, at the request of either, be submitted to an arbitral tribunal, composed as follows: Portugal and the Agency shall each designate one arbitrator, and the two arbitrators so designated shall elect a third, who shall be the Chairman. If, within thirty days of the request for arbitration, either Portugal or the Agency has not designated an arbitrator, either Portugal or the Agency may request the President of the International Court of Justice to appoint an arbitrator. The same procedure shall apply if, within thirty days of the designation or appointment of the second arbitrator, the third arbitrator has not been elected. A majority of the members of the arbitral tribunal shall constitute a quorum, and all decisions shall require the concurrence of two arbitrators. The arbitral procedure shall be fixed by the tribunal. The decisions of the tribunal shall be binding on Portugal and the Agency.

Suspension of application of Agency safeguards under other agreements

ARTICLE 23

The application of Agency safeguards in Portugal under other safeguards agreements with the Agency shall be suspended while this Agreement is in force.

Amendment of the Agreement

ARTICLE 24

Entry into force and duration

ARTICLE 25

This Agreement shall enter into force on the date upon which the Agency receives from Portugal written notification that Portugal's statutory and constitutional requirements for entry into force have been met. The director general shall promptly inform all Member States of the Agency of the entry into force of this Agreement.

ARTICLE 26

This Agreement shall remain in force as long as Portugal is party to the Treaty.

PART II

Introduction

ARTICLE 27

The purpose of this part of the Agreement is to specify the procedures to be applied in the implementation of the safeguards provisions of part I.

Objective of safeguards

ARTICLE 28

The objective of the safeguards procedures set forth in this part of the Agreement is the timely detection of diversion of significant quantities of nuclear material from peaceful nuclear activities to the manufacture of nuclear weapons or of other nuclear explosive devices or for purposes unknown, and deterrence of such diversion by the risk or early detection.

ARTICLE 29

For the purpose of achieving the objective set forth in article 28, material accountancy shall be used as a safeguards measure of fundamental importance, with containment and surveillance as important complementary measures.

ARTICLE 30

The technical conclusion of the Agency's verification activities shall be a statement, in respect of each material balance area, of the amount of material unaccounted for over a specific period, and giving the limits of accuracy of the amounts stated.

National system of accounting for and control of nuclear material

ARTICLE 31

Pursuant to article 7 the Agency, in carrying out its verification activities, shall make full use of Portugal's system of accounting for and control of all nuclear material subject to safeguards under this Agreement and shall avoid unnecessary duplication of Portugal's accounting and control activities.

ARTICLE 32

Portugal's system of accounting for and control of all nuclear material subject to safeguards under this Agreement shall be based on a structure of material balance areas, and shall make provision, as appropriate and specified in the Subsidiary Arrengements, for the establishment of such measures as:

Starting point of safeguards

ARTICLE 33

Safeguards under this Agreement shall not apply to material in mining or ore processing activities.

ARTICLE 34

Termination of safeguards

ARTICLE 35

Exemptions from safeguards

ARTICLE 36

At the request of Portugal, the Agency shall exempt nuclear material from safeguards, as follows:

ARTICLE 37

At the request of Portugal the Agency shall exempt from safeguards nuclear material that would otherwise be subject to safeguards, provided that the total quantity of nuclear material which has been exempted in Portugal in accordance with this article may not at any time exceed:

ii) Uranium with an enrichment of 0.2 (20%) and above, taken account of by multiplying its weight by its enrichment; and

iii) Uranium with an enrichment below 0.2 (20%) and above that of natural uranium, taken account of by multiplying its weight by five Limes the square of its enrichment;

or such greater amounts as may be specified by the Board for uniform application.

ARTICLE 38

If exempted nuclear material is to be processed or stored together with nuclear material subject to safeguards under this Agreement, provision shall be made for the re-application of safeguards thereto.

Subsidiary arrangements

ARTICLE 39

Portugal and the Agency shall make Subsidiary Arrangements which shall specify in detail, to the extent necessary to permit the Agency to fulfil its responsibilities under this Agreement in an effective and efficient manner, how the procedures laid down in this Agreement are to he applied. The Subsidiary Arrangements may be extended or changed by agreement between Portugal and the Agency without amendment of this Agreement.

ARTICLE 40

The Subsidiary Arrangements shall enter into force at the same time as, or as soon as possible after, the entry into force of this Agreement. Portugal and the Agency shall make every effort to achieve their entry into force within ninety days of the entry into force of this Agreement; an extension of that period shall require agreement between Portugal and the Agency. Portugal shall provide the Agency promptly with the information required for completing the Subsidiary Arrangements. Upon the entry into force of this Agreement, the Agency shall have the right to apply the procedures laid down therein in respect of the nuclear material listed in the inventory provid for in article 41, even if the Subsidiary Arrangements have not yet entered into force.

Inventory

ARTICLE 41

On the basis of the initial report referred to in article 62, the Agency shall establish a unified inventory of all nuclear material in Portugal subject to safeguards under this Agreement, irrespective of its origin, and shall maintain this inventory on the basis of subsequent reports and of the results of its verification activities. Copies of the inventory shall be made available to Portugal at intervals to he agreed.

Design information

General provisions

ARTICLE 42

Pursuant to article 8, design information in respect of existing facilities shall be provided to the Agency during the discussion of the Subsidiary Arrangements. The time limits for the provision of design information in respect of the new facilities shall be specified in the Subsidiary Arrangements and such information shall be provided as early as possible before nuclear material is introduced into a new facility.

ARTICLE 43

The design information to be provided to the Agency shall include, in respect of each facility, when applicable:

ARTICLE 44

Other information relevant to the application of safeguards shall also be provided to the Agency in respect of each facility, in particular on organizational responsibility for material accountancy and control. Portugal shall provide the Agency with supplementary information on the health and safety procedures which the Agency shall observe and with which the inspectors shall comply at the facility.

ARTICLE 45

The Agency shall be provided with design information in respect of a modification relevant for safeguards purposes, for examination, and shall be informed of any change in the information provided to it under article 44, sufficiently in advance for the safeguards procedures to be adjusted when necessary.

ARTICLE 46

Purposes of examination of design information

The design information provided to the Agency shall be used for the following purposes:

ii) In determining the material balance area advantage shall be taken of any opportunity to use containment and surveillance to help ensure the completeness of flow measurements and thereby to simplify the application of safeguards and to concentrate measurement efforts at key measurement points;

iii) A number of material balance areas in use at a facility or at distinct sites may be combined in one material balance area to be used for Agency accounting purposes when the Agency determines that this is consistent with its verification requirements; and

iv) A special material balance area may be established at the request of Portugal around a process step involving commercially sensitive information;

The results of the examination of the design information shall be included in the Subsidiary Arrangements.

ARTICLE 47

Re-examination of design information

Design information shall be re-examined in the light of changes in operating conditions, of developments in safeguards technology or of experience in the application of verification procedures, with a view to modifying the action the Agency has taken pursuant to article 46.

ARTICLE 48

Verification of design information

The Agency, in co-operation with Portugal, may send inspectors to facilities to verify the design information provided to the Agency pursuant to articles 42-45, for the purposes stated in article 46.

Information in respect of nuclear material outside facilities

ARTICLE 49

The Agency shall be provided with the following information when nuclear material is to be customarily used outside facilities, as applicable:

The Agency shall be informed, on a timely basis, of any change in the information provided to it under this article.

ARTICLE 50

The information provided to the Agency pursuant to article 49 may be used, to the extent relevant, for the purposes set out in article 46, b)-f).

Records system

General provisions

ARTICLE 51

In establishing a national system of materials control as referred to in article 7, Portugal shall arrange that records are kept in respect of each material balance area. The records to be kept shall be described in the Subsidiary Arrangements.

ARTICLE 52

Portugal shall make arrangements to facilitate the examination of records by inspectors, particularly if the records are not kept in English, French, Russian or Spanish.

ARTICLE 53

Records shall be retained for at least five years.

ARTICLE 54

Records shall consist, as appropriate, of:

ARTICLE 55

The system of measurements on which the records used for the preparation of reports are based shall either conform to the latest international standards or be equivalent in quality to such standards.

Accounting records

ARTICLE 56

The accounting records shall set forth the following in respect of each material balance area:

ARTICLE 57

For all inventory changes and physical inventories the records shall show, in respect of each batch of nuclear material: material identification, batch data and source data. The records shall account for uranium, thorium and plutonium separately in each batch of nuclear material. For each inventory change, the date of the inventory change and, when appropriate, the originating material balance area and the receiving material balance area or the recipient, shall be indicated.

ARTICLE 58

Operating records

The operating records shall set forth, as appropriate, in respect of each material balance area:

Reports system

General provisions

ARTICLE 59

Portugal shall provide the Agency with reports as detailed in articles 60-69 in respect of nuclear material subject to safeguards under this Agreement.

ARTICLE 60

Reports shall be made in English, French, Russian or Spanish, except as otherwise specified in the Subsidiary Arrangements.

ARTICLE 61

Reports shall be based on the recods kept in accordance with articles 51-58 and shall consist, as appropriate, of accounting reports and special reports.

Accounting reports

ARTICLE 62

The Agency shall be provided with an initial report on all nuclear material subject to safeguards under this Agreement. The initial report shall be dispatched by Portugal to the Agency within thirty days of the last day of the calendar month in which this Agreement enters into force, and shall reflect the situation as of the last day of that month.

ARTICLE 63

Portugal shall provide the Agency with the following accounting reports for each material balance area:

The reports shall be based on data available as of the date of reporting and may be corrected at a later date, as required.

ARTICLE 64

Inventory change reports shall specify identification and batch data for each batch of nuclear material, the date of the inventory change and, as appropriate, the originating material balance area and the receiving material balance area or the recipient. These reports shall be accompanied by concise notes:

ARTICLE 65

Portugal shall report each inventory change, adjustment and correction, either periodically in a consolidated list or individually. Inventory changes shall be reported in terms of batches. As specified in the Subsidiary Arrangements, small changes in inventory of nuclear material, such as transfers of analytical samples, may be combined in one batch and reported as one inventory change.

ARTICLE 66

The Agency shall provide Portugal with semi-annual statements of book inventory of nuclear material subject to safeguards under this Agreement, for each material balance area, as based on the inventory change reports for the period covered by each such statement.

ARTICLE 67

Material balance reports shall include the following entries, unless otherwise agreed by Portugal and the Agency:

A statement of the physical inventory, listing all batches separately and specifying material identification and batch data for each batch, shall be attached to each material balance report.

ARTICLE 68

Special reports

Portugal shall make special reports without delay:

ARTICLE 69

Amplification and clarification of reports

If the Agency so requests, Portugal shall provide it with amplifications or clarifications of any report, in so far as relevant for the purpose of safeguards.

Inspections

ARTICLE 70

General provisions

The Agency shall have the right to make inspections as provided for in articles 71-82.

Purposes of Inspections

ARTICLE 71

The Agency may make ad hoc inspections in order to:

ARTICLE 72

The Agency may make routine inspections in order to:

ARTICLE 73

Subject to the procedures laid down in article 77, the Agency may make special inspections:

An inspection shall be deemed to be special when it is either additional to the routine inspection effort provided for in articles 78-82 or involves access to information or locations in addition to the access specified in article 76 for ad hoc and routine inspections, or both.

Scope of inspections

ARTICLE 74

For the purposes specified in articles 71-73, the Agency may:

ARTICLE 75

Within the scope of article 74, the Agency shall be enabled:

ii) The Agency's standard analytical samples are analysed;

iii) Appropriate absolute standards are used in calibrating instruments and other equipment; and

iv) Other calibrations are carried out;

Access for inspections

ARTICLE 76

ARTICLE 77

In circumstances which may lead to special inspections for the purposes specified in article 73, Portugal and the Agency shall consult forthwith. As a result of such consultations the Agency may:

Frequency and intensity of routine inspections

ARTICLE 78

The Agency shall keep the number, intensity and duration of routine inspections, applying optimum timing, to the minimum consistent with the effective implementation of the safeguards procedures set forth in this Agreement, and shall make the optimum and most economical use of inspection resources available to it.

ARTICLE 79

The Agency may carry out one routine inspection per year in respect of facilities and material balance areas outside facilities with a content or annual throughput, whichever is greater, of nuclear material not exceeding 5 kg effective.

ARTICLE 80

The number, intensity, duration, timing and mode of routine inspections in respect of facilities with a content or annual throughput of nuclear material exceeding 5 kg effective shall be determined on the basis that in the maximum or limiting case the inspection regime shall be no more intensive than is necessary and sufficient to maintain continuity of knowledge of the flow and inventory of nuclear material, and the maximum routine inspection effort in respect of such facilities shall be determined as follows:

Portugal and the Agency may agree to amend the figures for the maximum inspection effort specified in this article, upon determination by the Board that such amendment is reasonable.

ARTICLE 81

Subject to articles 78-80 the criteria to be used for determining the actual number, intensity, duration, timing and mode of routine inspections in respect of any facility shall include:

ARTICLE 82

Portugal and the Agency shall consult if Portugal considers that the inspection effort is being deployed with undue concentration on particular facilities.

Notice of inspections

ARTICLE 83

The Agency shall give advance notice to Portugal before arrival of inspectors at facilities or material balance areas outside facilities, as follows:

Such notice of inspections shall include the names of the inspectors and shall indicate the facilities and the material balance areas outside facilities to be visited and the periods during which they will be visited. If the inspectors are to arrive from outside Portugal the Agency shall also give advance notice of the place and time of their arrival in Portugal.

ARTICLE 84

Notwithstanding the provisions of article 83, the Agency may, as a supplementary measure, carry out without advance notification a portion of the routine inspections pursuant to article 80 in accordance with the principle of random sampling. In performing any unannounced inspections, the Agency shall fully take into account any operational programme provided by Portugal pursuant to article 64, b). Moreover, whenever practicable, and on the basis of the operational programme, it shall advise Portugal periodically of its general programme of announced and unannounced inspections, specifying the general periods when inspections are foreseen. In carrying out any unannounced inspections, the Agency shall make every effort to minimize any practical difficulties for Portugal and for facility operators, bearing in mind the relevant provisions of articles 44 and 89. Similarly Portugal shall make every effort to facilitate the task of the inspectors.

Designation of inspectors

ARTICLE 85

The following procedures shall apply to the designation of inspectors:

However, in respect of inspectors needed for the activities provided for in article 48 and to carry out ad hoc inspections pursuant to article 71, a) and b) the designation procedures shall be completed if possible within thirty days after the entry into force of this Agreement. If such designation appears impossible within this time limit, inspectors for such purposes shall be designated on a temporary basis.

ARTICLE 86

Portugal shall grant or renew as quickly as possible appropriate visas, where required, for each inspector designated for Portugal.

Conduct and visits of inspectors

ARTICLE 87

Inspectors, in exercising their functions under articles 48 and 71-75, shall carry out their activities in a manner designed to avoid hampering or delaying the construction, commissioning or operation of facilities, or affecting their safety. In particular inspectors shall not operate any facility themselves or direct the staff of a facility to carry out any operation. If inspectors consider that in pursuance of articles 74 and 75, particular operations in a facility should be carried out by the operator, they shall make a request therefor.

ARTICLE 88

When inspectors require services available in Portugal, including the use of equipment, in connection with the performance of inspections, Portugal shall facilitate the procurement of such services and the use of such equipment by inspectors.

ARTICLE 89

Portugal shall have the right to have inspectors accompanied during their inspections by representatives of Portugal, provided that inspectors shall not thereby be delayed or otherwise impeded in the exercise of their functions.

Statements on the Agency's verification activities

ARTICLE 90

The Agency shall inform Portugal of:

International transfers

ARTICLE 91

General provisions

Nuclear material subject or required to be subject to safeguards under this Agreement which is transferred internationally shall, for purposes of this Agreement, be regarded as being the responsibility of Portugal:

The point at which the transfer of responsibility will take place shall be determined in accordance with suitable arrangements to be made by the States concerned. Neither Portugal nor any other State shall be deemed to have such responsibility for nuclear material merely by reason of the fact that the nuclear material is in transit on or over its territory, or that it is being transported on a ship under its flag or in its aircraft.

Transfers out of Portugal

ARTICLE 92

ii) The State for which the nuclear material is destined;

iii) The dates on and locations at which the nuclear material is to be prepared for shipping;

iv) The approximate dates of dispatch and arrival of the nuclear material; and

ARTICLE 93

The notification referred to in article 92 shall be such as to enable the Agency to make, if necessary, an ad hoc inspection to identify, and if possible verify the quantity and composition of, the nuclear material before it is transferred out of Portugal and, if the Agency so wishes or Portugal so requests, to affix seals to the nuclear material when it has been prepared for shipping. However, the transfer of the nuclear material shall not be delayed in any way by any action taken or contemplated by the Agency pursuant to such a notification.

ARTICLE 94

If the nuclear material will not be subject to Agency safeguards in the recipient State, Portugal shall make arrangements for the Agency to receive, within three months of the time when this recipient State accepts responsibility for the nuclear material from Portugal, confirmation by the recipient State of the transfer.

Transfers into Portugal

ARTICLE 95

ii) At what point of the transfer Portugal will assume responsibility for the nuclear material for the purpose of this Agreement, and the probable date on which that point will be reached; and

iii) The expected date of arrival, the location where, and the date on which, the nuclear material is intended to be unpacked.

ARTICLE 96

The notification referred to in article 95 shall such as to enable the Agency to make, if necessary, an ad hoc inspection to identify, and if possible verify the quantity and composition of, the nuclear material at the time the consignment is unpacked. However, unpacking shall not be delayed by any action taken or contemplated by the Agency pursuant to such a notification.

ARTICLE 97

Special reports

Portugal shall make a special report as envisaged in article 68 if any unusual incident or circumstances lead Portugal to believe that there is or may have been loss of nuclear material, including the occurrence of significant delay, during an international transfer.

Definitions

ARTICLE 98

For the purposes of this Agreement:

A - «Adjustment» means an entry into an accounting record or a report showing a shipper/receiver difference or material unaccounted for.

B - «Annual throughput» means, for the purposes of articles 79 and 80, the amount of nuclear material transferred annually out of a facility working at nominal capacity.

C - «Batch» means a portion of nuclear material handled as a unit for accounting purposes at a key measurement point and for which the composition and quantity are defined by a single set of specifications or measurements. The nuclear material may be in bulk form or contained in a number of separate items.

D - «Batch data» means the total weight of each element of nuclear material and, in the case of plutonium and uranium, the isotopic compositions when appropriate. The units of account shall be as follows:

For reporting purposes the weights of individual items in the batch shall be added together before rounding to the nearest unit.

E - «Book inventory» of a material balance area means the algebraic sum of the most recent physical inventory of that material balance area and of all inventory changes that have occurred since that physical inventory was taken.

F - «Correction» means an entry into an accounting record or a report to rectify an identified mistake or to reflect an improved measurement of a quantity previously entered into the record or report. Each correction must identify the entry to which it pertains.

G - «Effective kilogram» means a special unit used in safeguarding nuclear material. The quantity in effective kilograms is obtained by taking:

H - «Enrichment» means the ratio of the combined weight of the isotopes uranium-233 and uranium-235 to that of the total uranium in question.

I - «Facility» means:

J - «Inventory change» means an increase or decrease, in terms of batches, of nuclear material in a material balance area; such a change shall involve one of the following:

ii) Domestic receipt: receipts from other material balance areas, receipts from a non-safeguarded (non-peaceful) activity or receipts at the starting point of safeguards;

iii) Nuclear production: production of special fissionable material in a reactor; and

iv) De-exemption: re-application of safeguards on nuclear material previously exempted therefrom on account of its use or quantity.

ii) Domestic shipment: shipments to other material balance areas or shipments for a non-safeguarded (non-peaceful) activity;

iii) Nuclear loss: loss of nuclear material due to its transformation into other element(s) or isotope(s) as a result of nuclear reactions;

iv) Measured discard: nuclear material which has been measured, or estimated on the basis of measurements, and disposed of in such a way that it is not suitable for further nuclear use;

vi) Exemption: exemption of nuclear material from safeguards on account of its use or quantity; and

vii) Other loss: for example, accidental loss (that is, irretrievable and inadvertent loss of nuclear material as the result of an operational accident) or theft.

K - «Key measurement point» means a location where nuclear material appears in such a from that it may be measured to determine material flow or inventory. Key measurement points thus include, but are not limited to, the inputs and outputs (including measured discards) and storages in material balance areas.

L - «Man-year of inspection» means, for the purposes of article 80, 300 man-days of inspection, a man-day being a day during which a single inspector has access to a facility at any time for a total of not more than eight hours.

M - «Material balance area» means an area in or outside of a facility such that:

N - «Material unaccounted for» means the difference between book inventory and physical inventory.

O - «Nuclear material» means any source or any special fissionable material as defined in article xx of the Statute. The term source material shall not be interpreted as applying to ore or ore residue. Any determination by the Board under article xx of the Statute after the entry into force of this Agreement which adds to the materials considered to be source material or special fissionable material shall have effect under this Agreement only upon acceptance by Portugal.

P - «Physical inventory» means the sum of all the measured or derived estimates of batch quantities of nuclear material on hand at a given time within a material balance area, obtained in accordance with specified procedures.

Q - «Shipper/receiver difference» means the difference between the quantity of nuclear material in a batch as stated by the shipping material balance area and as measured at the receiving material balance area.

R - «Source data» means those data, recorded during measurement or calibration or used to derive empirical relationships, which identify nuclear material and provide batch data. Source data may include, for example, weight of compounds, conversion factors to determine weight of element, specific gravity, element concentration, isotopic ratios, relationship between volume and manometer readings and relationship between plutonium produced and power generated.

S - «Strategic point» means a location selected during examination of design information where, under normal conditions and when combined with the information from all strategic points taken together, the information necessary and sufficient for the implementation of safeguards measures is obtained and verified; a strategic point may include any location where key measurements related to material balance accountancy are made and where containment and surveillance measures are executed.

Done in Vienna on the 7th day of August 1978, in duplicate in the English language.

For the Republic of Portugal:

Sacadura Cabral.

For the International Atomic Energy Agency:

H. Kakihana.

I hereby certify that the present text is a true and complete copy of the text of the Agreement between the Republic of Portugal and the International Atomic Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons which was signed on 7 August 1978 by His Excellency Dr. Sacadura Cabral on behalf of Portugal and by Professor H. Kakihana, Acting Director General, on behalf of the Agency.

David M. Edwards, director, of Legal Division International Atomic Energy Agency.

Acordo entre a República de Portugal e a Agência Internacional de Energia Atómica para a Aplicação de Salvaguardas em Relação com o Tratado de não Proliferação das Armas Nucleares.

Considerando que a República de Portugal (seguidamente designado por «Portugal») é parte do Tratado de não Proliferação das Armas Nucleares (seguidamente designado por «Tratado»), aberto para assinatura em Londres, Moscovo e Washington em 1 de Julho de 1968 e que entrou em vigor em 5 de Março de 1970;

Considerando que o parágrafo 1 do artigo III do Tratado tem o seguinte enunciado:

Cada Estado não possuidor de armas nucleares que seja parte no Tratado compromete-se a aceitar as salvaguardas estipuladas num acordo, que será negociado e concluído com a Agência Internacional de Energia Atómica, em conformidade com o Estatuto da Agência Internacional da Energia Atómica e com o sistema de salvaguardas da referida Agência, para o fim exclusivo de verificar o cumprimento das obrigações assumidas por esse Estado nos termos do presente Tratado, em ordem a impedir que a energia nuclear seja desviada das suas utilizações pacíficas para armas nucleares ou outros dispositivos nucleares explosivos. Os processos de salvaguardas exigidos por este artigo aplicar-se-ão às matérias-primas e aos produtos cindíveis especiais, quer estas matérias ou produtos sejam produzidos, tratados ou utilizados numa instalação nuclear principal, quer se encontrem fora de uma tal instalação. As salvaguardas exigidas por este artigo aplicar-se-ão a todas as matérias-primas ou produtos cindíveis especiais em todas as actividades nucleares pacíficas exercidas no território do dito Estado, sob sua jurisdição, ou efectuadas sob o seu contrôle em qualquer lugar que seja.

Considerando que a Agência Internacional de Energia Atómica (seguidamente designada por «Agência») é autorizada, de acordo com o artigo III do seu Estatuto, a concluir tais acordos:

Em consequência, Portugal e a Agência concordaram no seguinte:

PARTE I — Compromisso fundamental

ARTIGO 1

Portugal compromete-se, de acordo com o parágrafo 1 do artigo III do Tratado, a aceitar salvaguardas, de acordo com os termos deste Acordo, sobre todas as matérias-primas ou produtos cindíveis especiais em todas as actividades nucleares pacíficas exercidas no seu território, sob sua jurisdição ou efectuadas sob seu contrôle em qualquer local que seja, para o fim exclusivo de verificar que tais matérias ou produtos não são desviados para armas nucleares ou outros dispositivos nucleares explosivos.

Aplicação das salvaguardas

ARTIGO 2

A Agência terá o direito e a obrigação de assegurar que as salvaguardas serão aplicadas, de acordo com os termos deste Acordo, sobre todas as matérias-primas ou produtos cindíveis especiais em todas as actividades nucleares pacíficas exercidas no território de Portugal, sob sua jurisdição ou efectuadas sob seu contrôle em qualquer local que seja, para o fim exclusivo de verificar que tais matérias ou produtos não são desviados para armas nucleares ou outros dispositivos nucleares explosivos.

Cooperação entre Portugal e a Agência

ARTIGO 3

Portugal e a Agência cooperarão com vista a facilitar o cumprimento das salvaguardas estabelecidas neste Acordo.

Cumprimento das salvaguardas

ARTIGO 4

As salvaguardas estabelecidas neste Acordo serão cumpridas por forma a:

ARTIGO 5

ii) Poderão ser publicadas informações sumárias sobre os materiais nucleares sujeitos a salvaguarda, ao abrigo deste Acordo, após decisão da Conselho e se houver acordo de Portugal.

ARTIGO 6

ii) Métodos estatísticos e amostragens aleatórias na avaliação do fluxo dos materiais nucleares;

iii) Concentração dos processos de verificação nas fases do ciclo do combustível nuclear que envolvam a produção, o tratamento, a utilização ou a armazenagem de materiais nucleares a partir dos quais as armas nucleares ou outros dispositivos nucleares explosivos possam facilmente ser fabricados, e redução ao mínimo dos processos de verificação relativos aos outros materiais nucleares, desde que isso não entrave a Agência na aplicação das salvaguardas previstas neste Acordo.

Sistema nacional de «contrôle» dos materiais

ARTIGO 7

Fornecimento de informações à Agência

ARTIGO 8