Agreement between the Government of the Republic of Bulgaria, the Government of the Russian Federation and the Cabinet of Ministers of Ukraine on the transportation of nuclear materials between the Russian Federation and the Republic of Bulgaria through the territory of Ukraine
Source: http://docs.cntd.ru/document/902055617
The Government of the Republic of Bulgaria, the Government of the Russian Federation 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 transportation of fresh and spent nuclear fuel and other categories of nuclear materials between the Russian Federation and the Republic of Bulgaria 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,
Have agreed as follows:
Article 1
The parties cooperate in order to ensure the transportation of fresh and spent nuclear fuel, other categories of nuclear materials that relate to the nuclear fuel cycle, natural uranium and high-level vitrified waste, as well as empty transport packaging kits for such materials (hereinafter - special cargo) from the Russian Federation to the Republic of Bulgaria and from the Republic of Bulgaria to the Russian Federation in transit through the territory of Ukraine.
Article 2
The competent authorities of the Parties are:
on the implementation of this Agreement and when considering controversial issues:
from the Bulgarian side - the Ministry of Economy and Energy;
from the Russian side - the Federal Agency for Atomic Energy;
from the Ukrainian side - the State Committee for Nuclear Regulation of Ukraine;
on the regulation and supervision of nuclear and radiation safety:
from the Bulgarian side - the Nuclear Regulatory Agency;
from the Russian side - the Federal Service for Environmental, Technological and Nuclear Supervision;
from the Ukrainian side - the State Committee for Nuclear Regulation of Ukraine;
on the issues of physical protection of special cargo and, in particular, their protection:
on the Bulgarian side - the Nuclear Regulatory Agency (physical protection, except security) and the Ministry of Internal Affairs (security);
on the Russian side - the Federal Agency for Atomic Energy (physical protection, except security) and the Ministry of Internal Affairs of the Russian Federation (security);
from the Ukrainian side - the State Committee for Nuclear Regulation of Ukraine (physical protection, except for security) and the Ministry of Internal Affairs of Ukraine (security);
for the transportation of special cargo:
from the Bulgarian side - the Ministry of Transport;
from the Russian side - the Ministry of Transport of the Russian Federation;
from the Ukrainian Side - the Ministry of Transport and Communications of Ukraine.
Each Party shall immediately 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 through the territories of the Russian Federation and Ukraine, by water transport - through the territories of Ukraine and the Republic of Bulgaria.
2. Transshipment of special cargo is carried out at the Izmail Sea Trade Port (Izmail, Ukraine).
3. The crossing of the state border 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 the states of the Parties.
Article 4.
1. A prerequisite for the carriage of special cargo under this Agreement is the existence of contracts concluded by the relevant legal entities of the Republic of Bulgaria and the Russian Federation.
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 shall be governed in accordance with the legislation of the states of the Parties and international documents specified in Annex 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 develop and approve the conditions for organizing and performing the transportation of special cargo between the Russian Federation and the Republic of Bulgaria in transit 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, if such escort is necessary, is determined in contracts concluded by the relevant legal entities of the Republic of Bulgaria and the Russian Federation.
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. The provision of armed security for fresh nuclear fuel and other special cargo is regulated by the legislation of the states of the Parties.
3. Points for changing the guard (protection) and transfer of responsibility for the protection of vehicles with special cargo are:
railway station Khutor Mikhailovsky (Ukraine);
railway station Kupyansk-Sortirovochny (Ukraine);
Izmail sea trade port (Izmail, Ukraine).
4. The Parties shall ensure the safety of the presence on the territory of their state of the guards (guards) of the states of other Parties, guarding vehicles with special cargo, their placement, their unhindered return with the available weapons and equipment, the use of the guards (guards) of communication channels, as well as at the request of other Parties provide 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 personnel accompanying 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, the conditions for the stay of the Russian guard and the Bulgarian guard on the territory of Ukraine, the procedure for access to transport with special cargo for representatives of the authorities exercising border, customs, sanitary and radiation control are indicated See Appendix 3, which is an integral part of this Agreement.
6. Responsibility for the loss of special cargo or part thereof 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 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. Responsibility for nuclear damage in the manner prescribed by the Vienna Convention on Civil Liability for Nuclear Damage of May 21, 1963 shall be assigned to:
to a Russian operator - when transporting special cargo from the territory of the Russian Federation to the territory of the Republic of Bulgaria until the transfer of special cargo on the territory of the Republic of Bulgaria at the point specified in the operators' contract;
to a Bulgarian operator - when transporting special cargo from the territory of the Republic of Bulgaria to the territory of the Russian Federation until the transfer of special cargo on the territory of the Russian Federation at the point specified in the operators' 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 communications in the accident area, shall be 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 international obligations and the legislation of their state.
3. The Russian or Bulgarian 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, guarantees reimbursement by its operator of costs associated with the elimination of the consequences of a nuclear incident (rescue and other urgent work carried out in the event of a nuclear incident and aimed at saving lives and preserving human 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 shall be reimbursed within a month from the date of recognition of the financial claims of the Party, on the territory of the state of which 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 on the implementation of this Agreement and when considering controversial issues 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 internal state procedures necessary for its entry into force.
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 submitted 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 by the depositary of the last written notification.
Article 11.
The Government of the Republic of Bulgaria is the depositary of this Agreement.
Done in Kiev on April 27, 2006 in one original copy in the Bulgarian, Russian and Ukrainian languages. 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 documents that regulate the carriage of special cargo
Annex 1 to the Agreement between the Government of the Republic of Bulgaria, the Government of the Russian Federation and the Cabinet of Ministers of Ukraine on the transport of nuclear materials between the Russian Federation and the Republic of Bulgaria through the territory of Ukraine
LIST of documents that regulate the carriage of special cargo
1. International documents that regulate the carriage of special cargo by rail and water transport:
1.1. Convention on the Physical Protection of Nuclear Material of October 26, 1979.
1.2. Convention on Early Notification of a Nuclear Accident of September 26, 1986.
1.3. Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency of September 26, 1986.
1.4. Vienna Convention on Civil Liability for Nuclear Damage of May 21, 1963.
1.5. Joint Convention on the Safety of Spent Fuel Management and the Safety of Radioactive Waste Management of September 5, 1997.
1.6. Rules for the carriage of dangerous goods ( Appendix 2 to the Agreement on International Rail Freight Traffic ).
2. Documents of the International Atomic Energy Agency (IAEA);
2.1. Regulations for the Safe Transport of Radioactive Materials No. TS-R-1, IAEA, Vienna, 2005.
2.2. The Physical Protection of Nuclear Material and Nuclear Installations, INFCIRC / 225 / Rev.4.
In the event of a reprint of IAEA documents, the latest version is used.
Appendix 2. Conditions for the organization and execution of special cargo transportation between the Russian Federation and the Republic of Bulgaria in transit through the territory of Ukraine
Annex 2 to the Agreement between the Government of the Republic of Bulgaria, the Government of the Russian Federation and the Cabinet of Ministers of Ukraine on the transportation of nuclear materials between the Russian Federation and the Republic of Bulgaria through the territory of Ukraine
TERMS AND CONDITIONS for the organization and execution of special cargo transportation between the Russian Federation and the Republic of Bulgaria in transit through the territory of Ukraine
The conditions for organizing and performing the transportation of special cargo between the Russian Federation and the Republic of Bulgaria in transit 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 bodies of the Parties;
- interaction between the consignor, consignee, railway administrations, the administration of the state enterprise "Izmail Sea Trade Port" and the bodies that carry out the protection and physical protection of special cargo, as well as the bodies exercising at checkpoints (control points) across the state border; weight types of control provided for the legislation of Ukraine;
- 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 related to the organization of 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 Republic of Bulgaria, the Government of the Russian Federation and the Cabinet of Ministers of Ukraine on the transport of nuclear materials between the Russian Federation and the Republic of Bulgaria through the territory of Ukraine
PROCEDURE for changing the guards (guards) and transferring responsibility for the protection of vehicles with special cargo
1. Guardians (guards) arrive at the transfer points of responsibility for the protection of transport with special cargo no later than one hour before the arrival of the transport with special cargo.
2. The personnel of the Bulgarian guard and the Russian guard arrives in Ukraine in the established uniform of the employees of the Ministry of Internal Affairs of the Republic of Bulgaria and the servicemen of the internal troops of the Ministry of Internal Affairs of the Russian Federation and has the right to carry and use weapons 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 passing all types of control provided for by the legislation of Ukraine and taking measures to ensure the security of the personnel of the guard (guards).
4. Acceptance (delivery) of special cargoes by the Russian guard under guard (from under guard) is carried out on a railway track de-energized for at least one hour.
5. During the transshipment of special cargo in the Izmail Commercial Sea Port, the Bulgarian security is responsible for the protection of special cargo in water transport.
6. Representatives of border, customs and other state control bodies are allowed to transport with special cargo by the head of the guard (guard) with the knowledge and in the presence of a responsible person accompanying the special cargo.
7. The transshipment of special cargo in the Izmail sea trade port from water transport to rail transport is permitted after all types of control provided for by the legislation of Ukraine are carried out during the movement of special cargo across the state border of Ukraine.
8. During the transshipment period, the heads of the Bulgarian guard and the Ukrainian guard monitor each container with special cargo being overloaded.
9. The Ukrainian guard takes under protection each container with special cargo after it is placed in the container wagon.
10. After the end of the reloading, the chiefs of the Bulgarian guard and the Ukrainian guard carry out the acceptance (delivery) of special cargo under protection (from under protection) according to an inventory drawn up in 3 copies, which are signed by them and the responsible person accompanying the special cargo.
11. The first copy of the inventory with the stamps of the Bulgarian operator and the state institution, from which the Ukrainian guard was appointed, is transferred to the responsible person accompanying the special cargo. The second and third copies of the inventory are handed over to the chiefs of the Bulgarian guard and the Ukrainian guard.
12. The responsible person accompanying the special cargo provides the chief of the guard, who accepts the special cargo under protection, samples of seal impressions on container wagons with special cargo and office space in the escort car for accommodating the guard personnel.
13. Acceptance of transport with special cargo is carried out by the chiefs of the guard in the presence of a responsible person accompanying the special cargo, by examining the sealed container wagons.
14. The transfer by the head of the Ukrainian guard to the head of the Russian guard of transport with special cargo under protection is carried out according to an inventory drawn up in 3 copies, which are signed by the chiefs of the guards and the responsible person accompanying the special cargo.
15. The first copy of the inventory is handed over to the responsible person accompanying the special cargo, and the second and third copies of the inventory are given to the chiefs of the Russian and Ukrainian guards.
16. The procedure for transferring special cargo ends with a change of sentries.
17. In the event that controversial issues arise during the transfer of special cargo, the chiefs of the guards (guards) draw up an act that is approved by the responsible person accompanying the special cargo.
In the event of a change in the conditions and procedure for the carriage of special cargo, this procedure may be supplemented and changed by the competent authorities of the Parties.
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The agreement entered into force for the Russian Federation on September 8, 2006.
