Agreement between the Government of the Russian Federation, the Government of the Slovak Republic and the Cabinet of Ministers of Ukraine on the transportation of nuclear materials between the Russian Federation and the Slovak Republic through the territory of Ukraine
Source: http://docs.cntd.ru/document/902328609
The Government of the Russian Federation, the Government of the Slovak Republic 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 the Slovak Republic 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,
Taking into account the applicable documents of the International Atomic Energy Agency, Taking into account the membership of the Slovak Republic in the European Union,
Have agreed as follows:
Article 1
The Parties shall cooperate in order to ensure the transportation of fresh and spent nuclear fuel, other categories of nuclear materials related 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 the Slovak Republic and from the Slovak Republic to the Russian Federation in transit through the territory of Ukraine.
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 Slovak Party - the Ministry of Economy and Construction of the Slovak Republic;
from the Ukrainian side - the State Committee for Nuclear Regulation of Ukraine;
b) on issues of regulation and supervision of nuclear and radiation safety:
on the Russian side - the Federal Service for Environmental, Technological and Nuclear Supervision (in terms of supervision of nuclear and radiation safety and physical protection) and the Federal Medical and Biological Agency (in terms of supervision of radiation protection);
from the Slovak Party - the Office of Nuclear Supervision of the Slovak Republic (in terms of regulation and supervision of nuclear safety and physical protection) and the Ministry of Health of the Slovak Republic (in terms of supervision of radiation safety);
from the Ukrainian side - the State Committee for Nuclear Regulation 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);
on the Slovak side - the Ministry of Internal Affairs of the Slovak Republic;
from the Ukrainian Side - the State Committee 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;
from the Slovak Party - the Ministry of Transport, Posts and Telecommunications of the Slovak Republic;
from the Ukrainian Side - the Ministry of Transport and Communications 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 a direct non-reloading service on the territory of the Russian Federation, the Slovak Republic and Ukraine.
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 of special cargo across the state borders, as well as weapons and equipment of the guard (guard) and escort personnel are carried out in accordance with the legislation of each of the states of the Parties.
Article 4.
1. A prerequisite for the carriage of special cargo under this Agreement is the presence of contracts concluded by the relevant legal entities of the Russian Federation and the Slovak Republic.
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 legislation of each of the states of the Parties and international documents specified in Appendix 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 the Slovak Republic through the territory of Ukraine, the requirements for the content of which are specified in Appendix 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 the Slovak Republic.
2. Each Party on the territory of its state shall ensure the conditions necessary for the fulfillment of the duties assigned to it by the escort personnel.
Article 6.
1. Each Party 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 shall be protected by armed guards (security guards) 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.
3. Points for changing the guard (security) and transfer of responsibility for the protection of vehicles with special cargo are the Ukrainian railway stations Chop, Khutor Mikhailovsky and Kupyansk-Sortirovochny.
4. The Parties shall ensure the safety of the presence on the territory of their state of the guards (guards) of the states of the other Parties, guarding vehicles with special cargo, their placement, their unhindered return with available weapons and equipment, the use of the guards (guards) of communication channels, and also at the request of others The parties are provided with material and household support and medical care for the personnel of the guards (guards). The costs associated with ensuring the vital activity of the personnel of the guards (guards) and the escort personnel of special cargo shall be borne by the Party that sent them.
5. The procedure for changing the guards (guards) and transferring responsibility for the protection of transport with special cargo, including the conditions for the stay of the Russian and Slovak guards (guards) on the territory of Ukraine and the procedure for access to transport with special cargo for representatives of the bodies carrying out border, customs, sanitary and radiation control is specified in Appendix 3, which is an integral part of this Agreement.
6. Responsibility for the loss of special cargo (their parts) is 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, on the territory of the state where 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 the Slovak Republic - to the Russian operator until the transfer of special cargo to the Slovak operator, to the Slovak 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 the Slovak Republic to the territory of the Russian Federation - to the Slovak 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 Slovak 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 the 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 legislation their state.
3. The Russian Party or the Slovak 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 action of its characteristic hazardous factors). These costs are reimbursed within a month from the date of recognition by the Russian Party or the Slovak 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 that arise 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. This Agreement shall enter into force from the date of receipt by the depositary of the last written notification of the implementation by the Parties of the domestic procedures necessary for its entry into force, about which the depositary informs the Parties through diplomatic channels.
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. If the Parties notify the depositary of their agreement with the proposed amendments, they shall enter into force on the next day after the expiration of one month from the date of receipt of the last written notification by the depositary.
5. Each of the Parties may terminate this Agreement by written notification to the depositary through diplomatic channels at least 12 months prior to the date of termination of this Agreement of its intention to terminate it.
6.From the date of entry into force of this Agreement, the Agreement between the Government of the Russian Federation, the Government of the Slovak Republic and the Government of Ukraine on cooperation in the transportation of nuclear fuel between the Russian Federation and the Slovak Republic through the territory of Ukraine of November 18, 1993, terminates.
Article 11.
The Government of the Slovak Republic is the depositary of this Agreement.
Done in Bratislava on October 21, 2010 in one original copy in the Russian, Slovak 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 the event of any disagreement regarding the interpretation of the text in different languages, the text in Russian is used.
Appendix 1. List of international documents that regulate the carriage of special cargo by rail
Annex 1 to the Agreement between the Government of the Russian Federation, the Government of the
Slovak Republic and the Cabinet of Ministers of Ukraine on the transportation of nuclear materials between the Russian Federation and the Slovak Republic 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) Regulations for the carriage of dangerous goods ( Annex 2 to the Agreement on International Goods Transport 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 or 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):
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. 4.
If changes are made to the IAEA documents, the subsequent edition, adopted in accordance with the established procedure, is used.
Appendix 2. Requirements for the content of the conditions for organizing and performing the transportation of special cargo between the Russian Federation and the Slovak Republic through the territory of Ukraine
Annex 2 to the Agreement between the Government of the Russian Federation, the Government of the Slovak Republic and the Cabinet of Ministers of Ukraine on the transport of nuclear materials between the Russian Federation and the Slovak Republic 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 the Slovak Republic through the territory of Ukraine
The conditions for organizing and performing the transportation of special cargo between the Russian Federation and the Slovak Republic through the territory of Ukraine, developed in accordance with paragraph 5 of Article 4 of this Agreement, govern the following issues:
registration of shipping documents;
transportation planning;
interaction between the competent authorities of the Parties;
interaction between the consignor, consignee, railway administrations and bodies that carry out the protection and physical protection of special cargo, as well as bodies that carry out all types of control established by the legislation of Ukraine at checkpoints (control points) across the state border;
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 3. Procedure for changing the guard (guards) and transferring responsibility for the security of transport with special cargo
Annex 3 to the Agreement between the Government of the Russian Federation, the Government of the Slovak Republic and the Cabinet of Ministers of Ukraine on the transportation of nuclear materials between the Russian Federation and the Slovak Republic through the territory of Ukraine
The procedure for changing the guards (guards) and transferring responsibility for the protection of transport with special cargo
1. Guardians (guards) arrive at the points of acceptance (transfer) of responsibility for the protection of transport with special cargo no later than 1 hour before the arrival of the transport with special cargo.
2. Personnel of the Russian and Slovak guards (guards) are allowed to enter the territory of Ukraine in the established uniform of servicemen of the internal troops of the Ministry of Internal Affairs of the Russian Federation and employees of the Ministry of Internal Affairs of the Slovak Republic and provide security for transport with special cargo in accordance 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 all types of control provided for by the legislation of Ukraine, which are necessary when crossing the state border of Ukraine, and the implementation of measures to ensure the security 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 chief of the guard (guard) with the knowledge and in the presence of a responsible person accompanying the special cargo.
6. At the point of changing the guard (guard) the chiefs of the guard (guard) present to the authorized persons of the customs and border control of Ukraine the certificates of the chiefs of the guard (guard), documents proving their identity, as well as a list of service weapons. Weapons and ammunition of the guards (guards) of the Russian and Slovak Parties when traveling through the territory of Ukraine outside of duty are in locked metal boxes sealed with the seals of the chiefs of the guards (guards) of the respective Party.
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 person in charge accompanying the special cargo.
8. The first copy of the inventory is transferred to the responsible person accompanying special cargo, the second and third copies - to the chiefs of the guards (guards).
9. The responsible person accompanying special cargo presents to the head of the guard (guard) who accepts special cargo under protection, samples of seal impressions on container wagons with special cargo, and also provides office space in the escort car to accommodate 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.
13. This document may be amended by the competent authorities of the Parties in the event of changes in the conditions and procedure for the carriage of special cargo.
* * * The Agreement entered into force for the Russian Federation on May 23, 2011.
