Agreement between the Government of the Russian Federation, the Government of Hungary and the Cabinet of Ministers of Ukraine on the transportation of nuclear materials between the Russian Federation and Hungary through the territory of Ukraine
Source: http://docs.cntd.ru/document/499036133
The Government of the Russian Federation, the Government of Hungary and the Cabinet of Ministers of Ukraine, hereinafter referred to as the Parties,
based on friendly relations between the peoples and states of the Parties,
striving to develop cooperation in the field of peaceful uses of atomic energy,
Recognizing the need for the transport of fresh and spent nuclear fuel and other nuclear materials between the Russian Federation and Hungary through the territory of Ukraine,
Taking into account applicable international treaties and legislation of the States of the Parties in the field of transportation of nuclear materials,
Bearing in mind the applicable documents of the International Atomic Energy Agency,
Taking into account the membership of the Russian Federation in the Customs Union and the Common Economic Space,
Taking into account the membership of Hungary in the European Union and, in particular, in the European Atomic Energy Community, have agreed as follows.
Article 1
The Parties shall cooperate to ensure the transportation of fresh and spent nuclear fuel, other categories of nuclear materials that relate to the nuclear fuel cycle, natural uranium, radioactive substances resulting from the reprocessing of spent nuclear fuel, as well as empty transport packaging kits for such materials (hereinafter - special cargo) from the Russian Federation to Hungary and from Hungary to the Russian Federation in transit through the territory of Ukraine.
The import into and export from the territory of the states of the Parties of special cargo is carried out in accordance with the legislation of each of the states of the Parties, as well as for the Russian Federation - the legal acts of the Customs Union and the Common Economic Space, and for Hungary - the legislation of the European Union, in particular, the legal norms of the European atomic energy communities.
Article 2
The competent authorities of the Parties are:
a) on the implementation of this Agreement and when considering controversial issues:
from the Russian side - the State Atomic Energy Corporation "Rosatom";
from the Hungarian Party - the Hungarian State Department for Atomic Energy;
from the Ukrainian Side - the State Nuclear Regulatory Inspectorate of Ukraine;
b) on issues of regulation and supervision of nuclear and radiation safety:
from the Russian side - the Federal Service for Environmental, Technological and Nuclear Supervision (in terms of supervision of nuclear and radiation safety and physical protection), the Federal Medical and Biological Agency (in terms of supervision of radiation safety) and the Federal Service for Supervision of Consumer Rights Protection and human well-being (in terms of supervision over the radiation safety of the population during the transportation of special cargo);
from the Hungarian Party - the Hungarian State Department for Atomic Energy;
from the Ukrainian Side - the State Nuclear Regulatory Inspectorate of Ukraine;
c) on the issues of physical protection of special cargo, in particular, their protection:
on the Russian side - the State Atomic Energy Corporation "Rosatom" (in terms of physical protection, except for security) and the Ministry of Internal Affairs of the Russian Federation (in terms of security);
from the Hungarian Party - the Hungarian State Atomic Energy Agency (in terms of issuing permission for the implementation of the physical protection plan), the Hungarian State Police Department (in terms of route support tasks) and the Hungarian Anti-Terrorism Center (in terms of cargo protection and its immediate protection);
from the Ukrainian Side - the State Inspectorate for Nuclear Regulation of Ukraine (in terms of physical protection, except for security) and the Main Directorate of Internal Troops of the Ministry of Internal Affairs of Ukraine (in terms of security);
d) for the transportation of special cargo:
from the Russian side - the Ministry of Transport of the Russian Federation (in terms of regulatory support), the Federal Agency for Railway Transport of the Russian Federation (in terms of managing special transportation), the Russian Railways Open Joint Stock Company (in terms of performing special transportation);
from the Hungarian Party - the Ministry of National Development of Hungary;
from the Ukrainian Side - the Ministry of Infrastructure of Ukraine.
Each Party shall inform the other Parties of changes in the composition of the competent authorities through diplomatic channels.
Article 3
1. Transportation of special cargo is carried out by rail, in direct uninterrupted traffic on the territory of the Russian Federation, Ukraine and Hungary.
2. The crossing of the state borders of the states of the Parties by the escort personnel of special cargo and the guard (guard), the movement across the state borders of special cargo, as well as weapons and equipment of the guard (guard) and escort personnel is carried out in accordance with the legislation of each of the states of the Parties, as well as for the Russian Federation - the legal acts of the Customs Union and the Common Economic Space, and for Hungary - the legislation of the European Union, in particular, the legal norms of the European Atomic Energy Community.
Article 4.
1. A prerequisite for the carriage of special cargo under this Agreement is the existence of contracts concluded by legal entities of the Russian Federation and Hungary.
2. The Ukrainian Party shall ensure the transit of transport with special cargo through the territory of Ukraine.
3. Relations arising from the implementation of transport operations on the territory of the states of the Parties are governed by the laws of each of the states of the Parties, including for the Russian Federation - by the legal acts of the Customs Union and the Common Economic Space, for Hungary - by the legislation of the European Union, in particular, by the legal norms of the European Community on nuclear energy, while the Parties are also guided by the international documents specified in Appendix No. 1, which is an integral part of this Agreement.
4. The procedure for issuing permits for the transit of transport with special cargo through the territory of Ukraine is regulated by the legislation of Ukraine.
5. The competent authorities of the Parties for the transportation of special cargo shall develop and approve the conditions for organizing and performing the transportation of special cargo between the Russian Federation and Hungary through the territory of Ukraine, the requirements for the content of which are specified in Appendix No. 2, which is an integral part of this Agreement.
Article 5.
1. The procedure for escorting special cargo by representatives of the consignor or consignee, if such escort is necessary, is determined in contracts concluded by the relevant legal entities of the Russian Federation and Hungary.
2. Each Party, through its competent authorities on the territory of its state, shall ensure the conditions necessary for the performance of the special cargo escort personnel of their duties.
Article 6.
1. Each Party, through its competent authorities on the territory of its state, shall take measures to ensure the physical protection of special cargo in accordance with the Convention on the Physical Protection of Nuclear Material of October 26, 1979.
2. Spent nuclear fuel is subject to armed guard throughout the entire route. Ensuring the protection of fresh nuclear fuel and other special cargo is regulated by the legislation of each of the states of the Parties. When fresh nuclear fuel is transported on the territory of Ukraine, it is subject to protection by armed guards.
3. The protection of special cargo on the territory of the Russian Federation is carried out by the Russian armed guard, on the territory of Ukraine - by the Ukrainian armed guard, on the territory of Hungary - by the Hungarian armed guard.
Technical transfer of special cargo, including technical inspection, control of radiation safety and cargo integrity, is carried out:
when crossing the Ukrainian-Russian border - at the Khutor-Mikhailovsky and Kupyansk-Sortirovochny railway stations;
when crossing the Ukrainian-Hungarian border in the case of transport with special cargoes to Hungary - at the Chop railway station, and in the case of transport with special cargoes to Ukraine - at the Zahony railway station.
The points of changing the guard (protection) are the railway stations Khutor-Mikhailovsky, Kupyansk-Sortirovochny and the checkpoint on the state border Zakhon - Chop.
Responsibility for the protection of special cargo passes after the above technical transfer of it to the other Party and the change of the guard (guard).
4. The procedure for changing the guards (guards) and transferring responsibility for the protection of transport with special cargo and the procedure for access to transport with special cargo for representatives of border, customs and other state control bodies exercising border, customs, sanitary and radiation control are specified in Appendix No. 3, which is an integral part of this Agreement.
5. Responsibility for the loss of special cargo or their part shall be borne by the Party, under the jurisdiction of the state of which there is a guard (guard), which carried out the protection of transport with special cargo at the time of their loss, and in cases where special cargo was transported without protection, - the Party to territory of which the loss occurred.
Article 7
1. Questions concerning civil liability for nuclear damage caused by a nuclear incident that occurred during the carriage of special cargo (hereinafter - nuclear damage) are regulated by the Parties in accordance with the Vienna Convention on Civil Liability for Nuclear Damage of May 21, 1963.
2. Liability for nuclear damage is imposed in the manner prescribed by the Vienna Convention on Civil Liability for Nuclear Damage of May 21, 1963 :
when transporting special cargo from the territory of the Russian Federation to the territory of Hungary - to the Russian operator until the transfer of the special cargo to the Hungarian operator, to the Hungarian operator from the moment the special cargo is accepted from the Russian operator at the point specified in the contract;
when transporting special cargo from the territory of Hungary to the territory of the Russian Federation - to the Hungarian operator until the transfer of special cargo to the Russian operator, to the Russian operator from the moment of accepting the special cargo from the Hungarian operator at the point specified in the contract.
Article 8
1. Elimination of the consequences of an accident that occurred during the transportation of special cargo, including a nuclear incident (hereinafter referred to as an accident), as well as provision of security and communication in the accident area is carried out by the Party on the territory of the state of which this accident occurred.
2. In the event of an official request for assistance sent by the Party on the territory of the state of which such an accident occurred, the other Parties shall send their personnel to eliminate its consequences in accordance with the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency of September 26, 1986 and the legislation of their state.
3. The Russian Party or the Hungarian Party (depending on which State operator of which Party is liable for nuclear damage in accordance with paragraph 2 of Article 7 of this Agreement) shall reimburse its operator for the costs associated with the elimination of the consequences of a nuclear incident (emergency and other urgent work carried out in the event of a nuclear incident and aimed at saving lives and preserving people's health, reducing the amount of material losses and damage to the environment, as well as localizing the area of a nuclear incident, stopping the actions of its characteristic hazardous factors). These costs are reimbursed within a month from the date of recognition by the Russian Party or the Hungarian Party of the financial claims of the Party,on the territory of the state where the accident occurred, unless the Parties agree otherwise.
4. Controversial issues arising between the Parties in connection with accidents, including issues of compensation for nuclear damage, are resolved by the Parties through consultations and negotiations.
Article 9.
1. The competent authorities of the Parties provided for in subparagraph "a" of Article 2 of this Agreement shall inform each other in writing about the carriage of special cargo no later than 20 days before its start.
2. The Parties shall ensure the confidentiality of information on the transportation of special cargo and take measures to prevent its disclosure.
Article 10.
1. The Parties shall notify the depositary of their fulfillment of the domestic procedures necessary for the entry into force of this Agreement. This Agreement shall enter into force on the 9th day from the date of receipt by the depositary of the last such notification, of which the depositary shall immediately inform the Parties.
2. This Agreement is concluded for a period of 10 years. In the future, its validity is automatically extended for subsequent 10-year periods, if none of the Parties informs the depositary through diplomatic channels at least 12 months before the expiration of the next validity period of this Agreement about its intention to terminate it.
3. Each Party may propose amendments to this Agreement. The draft amendments are transmitted through diplomatic channels to the depositary, which informs the other Parties about them.
4. In the event that the Parties notify the depositary of their agreement with the proposed amendments, the amendments shall enter into force in accordance with paragraph 1 of Article 10 of this Agreement.
5. From the moment this Agreement enters into force, the Agreement between the Government of the Russian Federation, the Government of Ukraine and the Government of the Republic of Hungary on cooperation in the transportation of nuclear fuel between the Republic of Hungary and the Russian Federation through the territory of Ukraine dated December 29, 1992, terminates.
Article 11.
The Government of Hungary is the depositary of this Agreement.
Done in Kiev on October 17, 2012 in one original copy in the Russian, Hungarian and Ukrainian languages, all texts being equally authentic. The original will be kept by the depositary, which will send a certified copy to each of the Signatories to this Agreement. In case of disagreement regarding the interpretation of the text, the text in Russian is used.
For the Government of the
Russian Federation
For the Government of
Hungary
For the Cabinet of
Ministers of Ukraine
Appendix N 1. List of international documents that regulate the carriage of special cargo by rail
Appendix No. 1 to the Agreement between the Government of the Russian Federation, the Government of Hungary and the Cabinet of Ministers of Ukraine on the transportation of nuclear materials between the Russian Federation and Hungary through the territory of Ukraine
List of international documents that regulate the carriage of special cargo by rail
1. International treaties that regulate the carriage of special cargo by rail:
a) Rules for the carriage of dangerous goods ( Appendix No. 2 to the Agreement on International Freight Traffic by Rail of November 1, 1951 );
b) Vienna Convention on Civil Liability for Nuclear Damage of May 21, 1963 ;
c) Convention on the Physical Protection of Nuclear Material of October 26, 1979 ;
d) Convention on Early Notification of a Nuclear Accident of September 26, 1986 ;
e) Convention on Assistance in the Case of a Nuclear Accident and Radiological Emergency of September 26, 1986 ;
(e) Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management of 5 September 1997.
2. Documents of the International Atomic Energy Agency (IAEA), taking into account the amendments:
a) Regulations for the Safe Transport of Radioactive Materials No. TS-R-1, IAEA, Vienna, 2005;
b) Physical Protection of Nuclear Material and Nuclear Installations, INFCIRC / 225 / Rev.5.
Appendix N 2. Requirements for the content of the conditions for organizing and performing the transportation of special cargo between the Russian Federation and Hungary through the territory of Ukraine
Appendix No. 2 to the Agreement between the Government of the Russian Federation, the Government of Hungary and the Cabinet of Ministers of Ukraine on the transportation of nuclear materials between the Russian Federation and Hungary through the territory of Ukraine
Requirements for the content of the conditions for organizing and performing the transportation of special cargo between the Russian Federation and Hungary through the territory of Ukraine
The conditions for organizing and performing the transportation of special cargo between the Russian Federation and Hungary in transit through the territory of Ukraine, developed in accordance with paragraph 5 of Article 4 of the Agreement between the Government of the Russian Federation, the Government of Hungary and the Cabinet of Ministers of Ukraine on the transportation of nuclear materials between the Russian Federation and Hungary through the territory of Ukraine, regulate the following issues:
registration of shipping documents;
transportation planning;
interaction of the competent authorities of the Parties;
interaction of bodies responsible for the protection and physical protection of special cargo;
interaction between the consignor, consignee and railway administrations;
interaction of bodies exercising at checkpoints (control points) across the state border all types of control established by the legislation of border states;
the procedure for the exchange of information between legal entities involved in the transportation of special cargo;
the procedure for ensuring the confidentiality of information related to the transportation of special cargo;
other issues of organizing the transportation of special cargo, due to the peculiarities of their technology.
Appendix N 3. The procedure for changing the guard (security), transfer of responsibility for the protection of transport with special cargo and access to transport with special cargo of representatives of border, customs and other state control bodies
Appendix No. 3 to the Agreement between the Government of the Russian Federation, the Government of Hungary and the Cabinet of Ministers of Ukraine on the transportation of nuclear materials between the Russian Federation and Hungary through the territory of Ukraine
The procedure for changing the guard (protection), transferring responsibility for the protection of transport with special cargo and access to transport with special cargo of representatives of border, customs and other state control bodies
1. The guards (guards) arrive at the change points of the guards (guards) to accept (transfer) responsibility for the security of transport with special cargo no later than 1 hour before the arrival of the transport with special cargo at the point of reception (transfer).
2. The personnel of the Russian guard (guard) are allowed into the territory of Ukraine when they go to the point of changing the guard (guard) in the established uniform of servicemen of the internal troops of the Ministry of Internal Affairs of the Russian Federation and after transferring responsibility for the protection of special cargoes, they guard transport with special cargo in accordance with with the legislation of their state.
3. The transfer of responsibility for the protection of special cargo is carried out only after the completion of the technical transfer of special cargo and all types of control necessary to cross the state border of Ukraine, provided for by the legislation of Ukraine, and the implementation of measures to ensure the safety of the personnel of the guard (guard).
4. The reception (transfer) by the guard (guard) of special cargo under guard (from under guard) is carried out after the voltage is removed from the contact wire of the railway track. In this case, the railway line is de-energized for at least 1 hour.
5. Representatives of border, customs and other state control bodies are allowed to transport with special cargo by the chiefs of guards (guards) with the knowledge and in the presence of a responsible person accompanying the special cargo.
6. Weapons and ammunition of the Russian guard (guard), when moving through the territory of Ukraine to the point of changing the guard (guard) outside of service, are in a locked metal box sealed with the seal of the chief of the guard (guard). At the same time, at the point of changing the guard (guard), the head of the guard (guard) presents to the authorized persons of the customs and border control of Ukraine the certificate of the head of the guard (guard) and documents proving his identity, as well as a list of service weapons.
7. The chiefs of the guards (guards) carry out the acceptance (transfer) of special cargo under protection (from under protection) according to the inventory drawn up in 3 copies, which are signed by them and the responsible person accompanying the special cargo.
8. The first copy of the inventory is handed over to the responsible person accompanying the special cargo. The second and third copies of the inventory are transferred to the chiefs of the guards (guards).
9. The responsible person accompanying the special cargo provides the head of the guard (guard) that accepts the special cargo under protection, samples of seal impressions on the container wagons with special cargo, and also provides office space in the escort car for accommodating the guard (security) personnel.
10. Acceptance of transport with special cargo is carried out by the chiefs of the guards (security) in the presence of a responsible person accompanying the special cargo, by examining the sealed container wagons.
11. The procedure for transferring responsibility for the protection of special cargo ends with the change of sentries.
12. In the event of any controversial issues, the chiefs of the guards (guards) draw up an act, which is approved by the responsible person accompanying the special cargo.
