--- title: "\"Соглашение между Правительством Российской Федерации и Правительством Республики Сербии о сотрудничестве по ввозу в Российскую Федерацию облученного ядерного топлива исследовательского реактора\" [рус., англ.]" status: действует canonical: "https://bukva.ai/docs/soglashenie-mezhdu-pravitelstvom-rossiyskoy-2086/statya-12" --- # Статья 12 ### Статья 12 1. Настоящее Соглашение временно применяется с даты подписания и вступает в силу с даты последнего письменного уведомления по дипломатическим каналам о выполнении Сторонами внутригосударственных процедур, необходимых для его вступления в силу. Настоящее Соглашение заключается на десятилетний период и автоматически продлевается на последующие двухлетние периоды, если ни одна из Сторон не сообщит по дипломатическим каналам другой Стороне не менее чем за 9 (девять) месяцев до истечения очередного периода действия настоящего Соглашения о прекращении его действия. 2. По согласию Сторон в настоящее Соглашение могут вноситься изменения. 3. Ввоз облученного ядерного топлива в Российскую Федерацию, который был начат, но не завершен на день прекращения действия настоящего Соглашения, продолжается до его завершения в соответствии с положениями настоящего Соглашения. Совершено в г. Белграде 10 июня 2009 года в двух экземплярах, каждый на русском, сербском и английском языках, причем все тексты имеют одинаковую силу. В случае возникновения разногласий относительно толкования текста на различных языках используется текст на английском языке.
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**BETWEEN THE GOVERNMENT** **OF THE RUSSIAN FEDERATION AND THE GOVERNMENT** **OF THE REPUBLIC OF SERBIA CONCERNING COOPERATION** **ON THE IMPORT OF IRRADIATED NUCLEAR FUEL FROM A RESEARCH** **REACTOR INTO THE RUSSIAN FEDERATION** (Belgrade, 10.VI.2009) The Government of the Russian Federation and the Government of the Republic of Serbia, hereinafter referred to as the "Parties", Seeking to cooperate in the area of the peaceful use of atomic energy pursuant to the Agreement between the Union of the Soviet Socialist Republics and the Federal People's Republic of Yugoslavia on Further Cooperation in the Field of the Peaceful Use of Atomic Energy of 10 January 1963, Confirming the commitment of both Parties to strengthening the nuclear weapons non-proliferation regime on the basis of the Treaty on the Non-Proliferation of Nuclear Weapons of 1 July 1968, Desiring to eliminate the presence and use of irradiated nuclear fuel, including high-enriched fuel, in the Republic of Serbia, Guided by the regulatory documents of the International Atomic Energy Agency, Have agreed as follows: For the purposes of this Agreement, the terms used herein shall be interpreted as follows: "Irradiated nuclear fuel" - irradiated fuel assemblies of Russian origin (including damaged and disassembled assemblies in an inseparable existing packaging) from the research reactor at the Vinca Institute of Nuclear Sciences which are located in the Republic of Serbia on the date of the entry into force of this Agreement. "Operator", "nuclear incident" and "nuclear damage" have the meanings defined by the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963. The subject of this Agreement is the import into the Russian Federation of irradiated nuclear fuel from the Republic of Serbia for temporary technological storage, subsequent reprocessing and final disposal of the waste generated by the reprocessing process. Each Party shall designate an executive authority for the implementation of this Agreement. The designated executive authority for the Russian Party shall be the State Atomic Energy Corporation "Rosatom", and for the Serbian Party it shall be the Ministry of Science and Technological Development. In the event of any change in the names and functions of the executive authorities, the Parties shall immediately inform each other of this fact via diplomatic channels. 1. The executive authorities of the Parties may conclude implementing agreements with one another which they deem necessary for the implementation of this Agreement. 2. Expenditure and other conditions necessary for the achievement of the aim of this Agreement shall be stipulated in the contracts to be concluded by the authorized organizations of the Parties. For the purposes of the import of the irradiated nuclear fuel into the Russian Federation from the Republic of Serbia, the designated authorized organization for the Russian Party shall be the Federal State Unitary Enterprise "Federal Centre of Nuclear and Radiation Safety", and for the Serbian Party it shall be the Vinca Institute of Nuclear Sciences. In the event of any change to the authorized organizations, the Parties shall immediately inform each other of this fact via diplomatic channels. 3. In accordance with their national legislation, the Parties shall take all necessary measures to facilitate the export and import of equipment, technology and material under this Agreement. 4. To facilitate the effective implementation of this Agreement, the Serbian Party shall take all necessary measures to ensure that all imports and procurement operations carried out under this Agreement are exempt from customs, import and other duties. 5. In the event of a conflict between the provisions of the implementing agreements mentioned in p. 1 of this Article, and contracts between the authorized organizations of the Parties with the provisions of this Agreement, the provisions of this Agreement shall prevail. 1. The irradiated nuclear fuel shall be imported into the Russian Federation in compliance with Russian Federation legislation in the field of the use of atomic energy and environmental protection. 2. The title to the irradiated nuclear fuel to be imported into the territory of the Russian Federation shall be transferred to the Russian Federation at the border crossing into the Russian Federation, at the point and from the time when the irradiated nuclear fuel is handed over to the Russian operator from the Serbian operator, which must be recorded in an appropriate handover protocol. The operators as well as the point of handover of the irradiated nuclear fuel will be identified in the contract between the authorized organizations of the Parties. 3. No products generated by the reprocessing of the irradiated nuclear fuel, including regenerated uranium and plutonium and radioactive waste, shall be returned to the Republic of Serbia. Liability for nuclear damage caused by a nuclear incident occurring during the handling of the irradiated nuclear fuel and the transport of the irradiated nuclear fuel from the Republic of Serbia to the Russian Federation shall be borne by: 1. The Serbian operator - while the irradiated nuclear fuel is being handled on the territory of the Republic of Serbia and while the irradiated nuclear fuel is being transported from the Republic of Serbia to the Russian Federation, up to the time when the irradiated nuclear fuel is handed over to the Russian operator at the point indicated in the contract between the authorized organizations of the Parties; 2. The Russian operator - while the irradiated nuclear fuel is being transported from the Republic of Serbia to the Russian Federation, from the time when the irradiated nuclear fuel is handed over from the Serbian operator to the Russian operator at the point indicated in the contract between the authorized organizations of the Parties. 1. Physical protection during the transport and import of the irradiated nuclear fuel into the Russian Federation shall be ensured by the Parties in accordance with the Convention on the Physical Protection of Nuclear Material of 26 October 1979. 2. The responsibility for ensuring physical protection during the transport and import of the irradiated nuclear fuel into the Russian Federation shall be transferred to the Russian Party from the Serbian Party, from the time when irradiated nuclear fuel is handed over to the Russian operator at the point indicated in the contract between the authorized organizations of the Parties. 3. Any relations which arise in the course of the transport operations in each State through whose territory the shipment of irradiated nuclear fuel passes shall be governed by the legislation and international obligations of that State. The Russian Party agrees to the application of the following conditions to the irradiated nuclear fuel imported into the territory of the Russian Federation: (a) The physical protection, accounting and control measures recommended by the International Atomic Energy Agency in document INFCIRC/225/Rev.4, The Physical Protection of Nuclear Material and Nuclear Facilities, or subsequent revisions thereof accepted by the Parties, shall be applied to the irradiated nuclear fuel; (b) The irradiated nuclear fuel imported into the Russian Federation under this Agreement, and any nuclear material derived thereof, shall not be used for any type of nuclear explosive device, or for research into or development of any type of nuclear explosive device, or for any other military purpose. Issues relating to the allocation of rights and legal protection of intellectual property, which is generated or may be transmitted in the course of the work and provision of services under this Agreement shall be governed by the conditions of the contracts between the authorized organizations of the Parties in accordance with the legislation of the State Parties. 1. Under this Agreement, there shall be no exchange information constituting a state secret of the Russian Federation or secret information of the Republic of Serbia. 2. The Parties shall, in accordance with their national legislation, ensure the confidentiality of information relating to the dates of the State border crossing during shipments of irradiated nuclear fuel. 3. Information which may be transmitted under this Agreement or which arises from the implementation of this Agreement and is considered by a Party to be confidential must be clearly identified and marked as such. This information must be protected in accordance with the legislation of the State Parties. 4. Information, which may be transmitted under this Agreement, shall only be used in accordance with this Agreement. Any dispute among the Parties related to the interpretation or application of this Agreement shall be settled via consultations between the Parties. 1. This agreement shall be applied provisionally from the date of its signature and shall enter into force on the date of the last written notification, when Parties inform each other through diplomatic channels that their internal procedures for entering into force have been completed. This Agreement shall remain in force for 10 (ten) years. Its term shall subsequently be extended automatically for further two-year terms unless one of the Parties informs the other via diplomatic channels at least 9 (nine) months prior to the expiration of the current term of its intention to terminate the Agreement. 2. Amendments may be made to this Agreement by agreement of the Parties. 3. Any import of irradiated nuclear fuel into the Russian Federation, which has been initiated but not completed at the date of termination of this Agreement, shall continue until it is complete in accordance with the provisions of this Agreement.
Done in Belgrade on the 10th of June 2009 in two copies, each in Russian, Serbian and English, all texts being equally authentic. In the event of disagreements regarding the interpretation of the text in the different languages, the English text shall prevail.
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