Статья 12«Соглашение между Правительством Российской Федерации и Великой Социалистической Народной Ливийской Арабской Джамахирией о сотрудничестве по ввозу в Российскую Федерацию облученного ядерного топлива исследовательского реактора» [рус., англ.]

1. Настоящее Соглашение вступает в силу в день его подписания и остается в силе в течение 10 лет. В дальнейшем его действие автоматически продлевается на последующие двухлетние периоды, если ни одна из Сторон не сообщит по дипломатическим каналам другой Стороне не менее чем за 9 месяцев до истечения очередного периода действия настоящего Соглашения о своем намерении прекратить его действие.

2. По письменному согласию Сторон в настоящее Соглашение могут вноситься изменения или дополнения.

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. Москве 21 октября 2009 года в двух экземплярах, каждый на русском, арабском и английском языках, причем все тексты имеют одинаковую силу. В случае возникновения разногласий относительно толкования текста на различных языках используется текст на английском языке.

BETWEEN THE GOVERNMENT OF THE RUSSIAN FEDERATION AND THE GREAT SOCIALIST PEOPLE'S LIBYAN ARAB JAMAHIRIYA CONCERNING COOPERATION FOR THE TRANSFER OF RESEARCH REACTOR IRRADIATED NUCLEAR FUEL TO THE RUSSIAN FEDERATION

(Moscow, 21.X.2009)

The Government of the Russian Federation and the Great Socialist People's Libyan Arab Jamahiriya, hereinafter referred to as the «Parties»,

Referring to the cooperation in the area of peaceful use of nuclear energy in accordance with the Agreement between the Government of the Russian Federation and the Great Socialist People's Libyan Arab Jamahiriya on Cooperation in the Field of the Peaceful Use of Nuclear Energy of November 1, 2008,

Confirming the commitment of both Parties to strengthen the nuclear weapons non-proliferation regime on the base of the Treaty on the Non-Proliferation of Nuclear Weapons of July 1, 1968,

Guided by the International Atomic Energy Agency (hereinafter referred to as the «IAEA») regulations,

Have agreed as follows:

For the purposes of this Agreement, the terms used here in shall be interpreted as follows:

«Irradiated nuclear fuel» means the irradiated fuel assemblies of the Russian origin, which were irradiated in Tajoura research reactor, and located at the Tajoura Nuclear Research Center, Great Socialist People's Libyan Arab Jamahiriya, on the date of entry into force of this Agreement.

«Operator», «nuclear incident» and «nuclear damage» have the meaning defined by the Vienna Convention on civil liability for nuclear damage of May 21, 1963.

The subject of this Agreement is transfer of the research reactor irradiated nuclear fuel from the «Tajoura» Nuclear Research Center Great Socialist People's Libyan Arab Jamahiriya, to the Russian Federation under the Unified Project developed by authorized organization, for temporary technological storage and subsequent reprocessing with the leaving of the radioactive waste derived as a result of reprocessing at the territory of the Russian Federation.

1. Each Party designates an Executive Agent for the implementation of this Agreement.

The State Atomic Energy Corporation «Rosatom» is the designated Executive Agent on the Russian side.

The Atomic Energy Establishment is the designated Executive Agent on the Libyan side.

2. In case of any changes in titles and functions of Executive Agents, each Party immediately informs the other Party about such changes by diplomatic channels.

1. The Executive Agents of the Parties may conclude implementing agreements between them, which are necessary for the implementation of this Agreement.

2. Expenses and other conditions necessary for the achievement of the purpose of this Agreement shall be fixed in the contracts between the authorized organizations of the Parties.

3. For the purposes of irradiated nuclear fuel transfer from the Great Socialist People's Libyan Arab Jamahiriya, the authorized organizations are the Federal State Unitary Enterprise «Federal Centre of Nuclear and Radiation Safety» (FCNRC) on the Russian side and the Tajoura Nuclear Research Center on the Libyan side.

4. The Parties shall immediately inform each other through the diplomatic channels of any change in authorized organizations.

5. In case of disparity between the provisions of 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 prevail.

1. Transfer of irradiated nuclear fuel to the Russian Federation shall be implemented in accordance with the legislation of the Russian Federation and the Great Socialist People's Libyan Arab Jamahiriya in the field of use of nuclear energy and environmental protection.

2. The ownership title to irradiated nuclear fuel transported to the territory of the Russian Federation is transferred to the Russian Federation as of the moment it is loaded in the airplane at Mitiga airport in Libya and the Russian operator accepts it from the Libyan operator by issuing the corresponding acceptance report.

The operators will be identified in the authorized organizations' contract.

3. No products resulting from reprocessing of irradiated nuclear fuel, including regenerated uranium, plutonium and radioactive waste shall be returned to the Great Socialist People's Libyan Arab Jamahiriya.

Liability for nuclear damage, caused by a nuclear incident occurred during transportation of the irradiated nuclear fuel from the Great Socialist People's Libyan Arab Jamahiriya to the Russian Federation, is borne by:

The Libyan operator — during the transportation of irradiated nuclear fuel from the Great Socialist People's Libyan Arab Jamahiriya to the Russian Federation up to the moment of transfer of the irradiated nuclear fuel to the Russian operator at Mitiga airport in Libya, identified in the authorized organizations' contract;

The Russian operator — during the transportation of the irradiated nuclear fuel from the Great Socialist People's Libyan Arab Jamahiriya to the Russian Federation from the moment of the acceptance of the irradiated nuclear fuel from the Libyan operator at Mitiga airport in Libya, identified in the authorized organizations' contract.

1. Physical protection during the transfer of irradiated nuclear fuel to the Russian Federation is implemented by the Parties in accordance with the Convention on Physical Protection of Nuclear Material of October 26, 1979.

2. Responsibility for assuring physical protection during transfer of irradiated nuclear fuel to the Russian Federation is relegated to the Russian Party at Mitiga airport in Libya from the moment of acceptance of irradiated nuclear fuel by the Russian operator.

3. Legal matters arising in the course of transportation of the irradiated nuclear fuel through the territory of each country, shall be governed by the national legislation of the respective country and international law.

The Russian Party agrees to the application of the following conditions to the irradiated nuclear fuel transferred to the territory of the Russian Federation:

Measures on physical protection, accounting and control, recommended by the IAEA in its document INFCIRC/225/REV.4 «Physical Protection of Nuclear Materials and Nuclear Facilities» as amended, and accepted by the Parties shall be ensured with regard to the irradiated nuclear fuel.

The irradiated nuclear fuel transferred to the Russian Federation under this Agreement and any nuclear material derived therefrom shall not be used for nuclear weapon, for any nuclear explosive device or for research on, or development of nuclear weapon, any nuclear explosive device, or for any other military purpose.

Issues of distribution of rights and intellectual property rights protection, created in the course of work and rendering of services under this Agreement shall be regulated in accordance with terms and conditions of the contracts concluded by the Parties' authorized organizations.

1. Under this Agreement the Parties shall not exchange any information classified as the state secrets of the Russian Federation or the Great Socialist People's Libyan Arab Jamahiriya.

2. The Parties shall take appropriate measures in accordance with their national legislation to protect the confidentiality of information concerning dates of state borders crossing for transportation of the irradiated nuclear fuel.

3. Any information being transmitted in accordance with this Agreement or created as result of its implementation considered by either Party of confidential nature shall be clearly defined and marked. This information is marked in Russian as «Конфиденциальная», in English as «Confidential», in Arabic as «...» <*>. This marked information shall be protected in accordance with the relevant legislation of the States of the Parties.

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<*> Текст на национальном языке не приводится.

4. Parties shall limit access to the confidential information as much as possible and provide the access only for the purposes stipulated by this Agreement.

5. The information indicated in p. 3 of this Article shall not be disclosed or hand over to a third Party not participating in the implementation of this Agreement without written consent of the transmitting Party.

Any dispute between the Parties related to the interpretation or application of this Agreement will be settled through consultations between the Parties.

1. This Agreement enters into force on the date of its signature and remains effective for 10 (ten) years. Its effect shall be extended automatically for further two-year terms unless one of the Parties informs the other through diplomatic channels, not less than 9 (nine) months prior to the expiration of the term in effect, of its intention to terminate the Agreement.

2. Upon the written agreement of the Parties, this Agreement may be amended or supplemented.

3. Transfer of irradiated nuclear fuel to the Russian Federation that was initiated but not completed at the termination of this Agreement, shall continue to completion under the terms of this Agreement.

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