Decreto n.º 5/2007, de 05 de Abril de 2007
Decreto n.o 5/2007
de 5 de Abril
Considerando a importância da reduçáo a nível mun-dial da utilizaçáo de urânio de alto enriquecimento em aplicaçóes civis e a sua substituiçáo por urânio de baixo enriquecimento, o qual náo pode ser objecto de utilizaçáo em armas ou explosivos nucleares;
Tendo em conta a necessidade de respeitar os mecanismos legais decorrentes do Acordo de Salvaguardas, da Convençáo sobre Protecçáo Física de Materiais Nucleares, bem como dos Estatutos da Agência Inter-nacional de Energia Atómica;
Assim: Nos termos da alínea c) do n.o 1 do artigo 197.o da Constituiçáo, o Governo aprova o Acordo entre a Agência Internacional de Energia Atómica, a República Portuguesa e o Governo dos Estados Unidos da América para Assistência na Obtençáo de Combustível Nuclear para Um Reactor de Investigaçáo, adoptado em Viena em 20 de Dezembro de 2006, cujo texto, na versáo autenticada na língua inglesa e a respectiva traduçáo na língua portuguesa, se publica em anexo.
Visto e aprovado em Conselho de Ministros de 25 de Janeiro de 2007. - José Sócrates Carvalho Pinto de Sousa - Joáo Titterington Gomes Cravinho - José Mariano Rebelo Pires Gago.
Assinado em 15 de Março de 2007.
Publique-se.
O Presidente da República, ANÍBAL CAVACO SILVA.
Referendado em 19 de Março de 2007.
O Primeiro-Ministro, José Sócrates Carvalho Pinto de Sousa.
AGREEMENT AMONG THE INTERNATIONAL ATOMIC ENERGY AGENCY, THE PORTUGUESE REPUBLIC AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA FOR ASSISTANCE IN SECURING NUCLEAR FUEL FOR A RESEARCH REACTOR.
Whereas the Portuguese Republic (hereinafter called Portugal), desiring to convert the high enriched uranium (HEU) fuel core of the portuguese research reactor (hereinafter called the reactor) to low-enriched uranium (LEU), has requested the assistance of the International Atomic Energy Agency (hereinafter called the IAEA) in securing special fissionable material therefor (hereinafter the project);
Whereas the Board of Governors of the IAEA (hereinafter called the Board), on 25 November 2004, approved project number POR/4/016 entitled «Core Conversion of the Portuguese Research Reactor to Low-enriched Uranium Fuel», as part of the IAEA's Technical Cooperation Programme for 2005-2006;
Whereas the funding of the IAEA's assistance requested by Portugal will be secured through contributions by Portugal and the United States of America (hereinafter called the United States) to footnote (a) activities of Project POR/4/016;
Whereas the IAEA and Portugal have made arrangements with a manufacturer (hereinafter called the manufacturer) in the Republic of France (hereinafter called France) for the fabrication of the LEU into fuel elements for the reactor;
Whereas under the Agreement for Co-operation between the IAEA and the United States concluded on 11 May 1959, as amended (hereinafter called the Co-operation Agreement), the United States undertook to make available to the IAEA pursuant to the Statute of the IAEA certain quantities of special fissionable material, and also undertook, subject to various applicable provisions and licence requirements, to permit, upon request of the IAEA, persons under the jurisdiction of the United States to make arrangements to transfer and export materials, equipment or facilities for members of the IAEA in connection with an IAEA-assisted project;
Whereas, pursuant to the terms of the Co-operation Agreement, the IAEA and the United States on 14 June 1974 signed a Master Agreement Governing sales of source, by-product and special nuclear materials for research purposes (hereinafter called the Master Agreement); and
Whereas the Agreement between the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the European Atomic Energy Community and the IACA in implementation of article III (1) and (4) of the Treaty on the Non-Proliferation of Nuclear Weapons (hereinafter called the Safeguards Agreement) entered into force for Portugal on 1 July 1986:
Now therefore, the IAEA, Portugal and the United States (hereinafter called the Parties) hereby agree as follows:
Article I
Definition of the project
1 - The project which is the subject of this Agreement is the supply of nuclear fuel for the operation of the reactor, which is located at the Instituto Tecnológico e Nuclear (ITN), in Sacavém, Portugal.2 - This Agreement shall apply, mutatis mutandis, to any additional assistance provided by the IAEA to Portugal and for the project.
3 - Except as specified in this Agreement, neither the IAEA nor the United States assumes any obligations or responsibilities insofar as the project is concerned.
Article II
Supply of enriched uranium
1 - The IAEA, pursuant to article IV of the Co-operation Agreement, shall request the United States to permit the transfer and export to Portugal of approximately 25 kg of uranium enriched to less than 20% by weight in the isotope uranium-235 (hereinafter called the supplied material) to be fabricated into fuel assemblies for the reactor by the manufacturer.
2 - The United States shall provide the supplied material to the manufacturer in France.
3 - The particular terms and conditions for the transfer of the supplied material, including charges for or connected with such material and a schedule of deliveries and shipping instructions shall be specified in a supplemental contract to the Master Agreement (hereinafter called the supplemental contract), to be concluded between the IAEA, Portugal, and the United States Department of Energy, acting for the United States, in implementation of this Agreement. Prior to the export of any part of such material from France to Portugal, Portugal shall notify the IAEA of the amount thereof and of the date, place and method of shipment.
4 - The supplied material and any special fissionable material produced through the use of the supplied material, including subsequent generations of produced special fissionable material, shall be used exclusively for the reactor and shall remain at the ITN, unless the Parties otherwise agree.
5 - The supplied material and any special fissionable material produced through its use, including subsequent generations of produced special fissionable material, shall be stored or reprocessed or otherwise altered in form or content only under conditions and in facilities acceptable to the Parties hereto. Such materials shall not be further enriched unless the Parties amend this Agreement for that purpose.
Article III Payment
1 - Payment to the manufacturer of all charges for or connected with the fabrication of the supplied material into fuel assemblies and delivery thereof to Portugal shall be made by the IAEA and Portugal in accordance with arrangements to be made between the IAEA, Portugal and the manufacturer.
2 - Except as provided in paragraph 1 of this article, neither the IAEA nor the United States, in extending their assistance for the project, assume any financial responsibility in connection with the transfer of the supplied material to Portugal.
Article IV
Transport, handling, use and storage
1 - The United States and Portugal shall take all appropriate measures to ensure the safe transport, han-
dling and use of the supplied material. The IAEA does not warrant the suitability or fitness of the supplied material for any particular use or application and shall not at any time bear any responsibility towards Portugal, or any person for any claims arising out of the transport, handling and use of the supplied material.
2 - Portugal shall take all measures necessary to ensure the safety and security of the fuel assemblies containing the supplied material at all times while subject to its jurisdiction or control, including during storage prior to their use in the reactor and upon their removal from the reactor core following irradiation.
Article V
Safeguards
1 - Portugal undertakes that the supplied material and any special fissionable material produced through the use of the supplied material, including subsequent generations of produced special fissionable material, shall not be used for the manufacture of any nuclear weapon or any nuclear explosive device, or for research on or the development of any nuclear weapon or any nuclear explosive device, or in such a way as to further any military purpose.
2 - The safeguards rights and responsibilities of the IAEA provided for in article XII.A of the Statute of the IAEA (hereinafter the Statute) are relevant to the project and shall be implemented and maintained with respect to the project. Portugal shall cooperate with the IAEA to facilitate the implementation of the safeguards required by this Agreement.
3 - The IAEA safeguards referred to in paragraph 2 of this article shall, for the duration of this Agreement, be implemented pursuant to the Safeguards Agreement.
4 - Article XII.C of the...
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