Einde inhoudsopgave
Convention on the physical protection of nuclear material and nuclear facilities
Article 5
Geldend
Geldend vanaf 08-05-2016
- Redactionele toelichting
Deze wijziging is nog niet voor alle partijen in werking getreden. Zie voor de partijgegevens de wijziging van 08-07-2005, Trb. 2006, 81.
- Bronpublicatie:
08-07-2005, Trb. 2006, 81 (uitgifte: 12-04-2006, kamerstukken/regelingnummer: -)
- Inwerkingtreding
08-05-2016
- Bronpublicatie inwerkingtreding:
18-05-2016, Trb. 2016, 60 (uitgifte: 18-05-2016, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Internationaal publiekrecht / Verdragenrecht
Internationaal publiekrecht / Bijzondere onderwerpen
1.
States Parties shall identify and make known to each other directly or through the International Atomic Energy Agency their point of contact in relation to matters within the scope of this Convention.
2.
In the case of theft, robbery or any other unlawful taking of nuclear material or credible threat thereof, States Parties shall, in accordance with their national law, provide co-operation and assistance to the maximum feasible extent in the recovery and protection of such material to any State that so requests. In particular:
- a)
a State Party shall take appropriate steps to inform as soon as possible other States, which appear to it to be concerned, of any theft, robbery or other unlawful taking of nuclear material or credible threat thereof, and to inform, where appropriate, the International Atomic Energy Agency and other relevant international organizations;
- b)
in doing so, as appropriate, the States Parties concerned shall exchange information with each other, the International Atomic Energy Agency and other relevant international organizations with a view to protecting threatened nuclear material, verifying the integrity of the shipping container or recovering unlawfully taken nuclear material and shall:
- (i)
co-ordinate their efforts through diplomatic and other agreed channels;
- (ii)
render assistance, if requested;
- (iii)
ensure the return of recovered nuclear material stolen or missing as a consequence of the above-mentioned events.
The means of implementation of this co-operation shall be determined by the States Parties concerned.
3.
In the case of a credible threat of sabotage of nuclear material or a nuclear facility or in the case of sabotage thereof, States Parties shall, to the maximum feasible extent, in accordance with their national law and consistent with their relevant obligations under international law, co-operate as follows:
- a)
if a State Party has knowledge of a credible threat of sabotage of nuclear material or a nuclear facility in another State, the former shall decide on appropriate steps to be taken in order to inform that State as soon as possible and, where appropriate, the International Atomic Energy Agency and other relevant international organizations of that threat, with a view to preventing the sabotage;
- b)
in the case of sabotage of nuclear material or a nuclear facility in a State Party and if in its view other States are likely to be radiologically affected, the former, without prejudice to its other obligations under international law, shall take appropriate steps to inform as soon as possible the State or the States which are likely to be radiologically affected and to inform, where appropriate, the International Atomic Energy Agency and other relevant international organizations, with a view to minimizing or mitigating the radiological consequences thereof;
- c)
if in the context of sub-paragraphs (a) and (b), a State Party requests assistance, each State Party to which a request for assistance is directed shall promptly decide and notify the requesting State Party, directly or through the International Atomic Energy Agency, whether it is in a position to render the assistance requested and the scope and terms of the assistance that may be rendered;
- d)
co-ordination of the co-operation under sub-paragraphs (a) to (c) shall be through diplomatic or other agreed channels. The means of implementation of this co-operation shall be determined bilaterally or multilaterally by the States Parties concerned.
4.
States Parties shall co-operate and consult, as appropriate, with each other directly or through the International Atomic Energy Agency and other relevant international organizations, with a view to obtaining guidance on the design, maintenance and improvement of systems of physical protection of nuclear material in international transport.
5.
A State Party may consult and co-operate, as appropriate, with other States Parties directly or through the International Atomic Energy Agency and other relevant international organizations, with a view to obtaining their guidance on the design, maintenance and improvement of its national system of physical protection of nuclear material in domestic use, storage and transport and of nuclear facilities.