Uredba o ratifikaciji Spremenjenega dopolnilnega sporazuma med Mednarodno agencijo za atomsko energijo in Vlado Republike Slovenije o zagotavljanju strokovne pomoči Mednarodne agencije za atomsko energijo Vladi Republike Slovenije

THE INTERNATIONAL ATOMIC ENERGY AGENCY (hereinafter called the »Agency«) and THE GOVERNMENT OF THE REPUBLIC OF SLOVENIA (hereinafter called the »Government«) hereby enter into this Agreement concerning the provision of technical assistance to the Government by or through the Agency.

ARTICLE I

Basic Conditions Governing Technical Assistance

The Government and the Agency (hereinafter called the »Parties«) shall apply to the technical assistance provided to the Government by the Agency the basic conditions governing such technical assistance which are set out in the Annex hereto which constitutes an integral part of this Agreement.

ARTICLE II

Safety Standards and Measures

The Government shall apply to the operations making use of the technical assistance provided to it pursuant to this Agreement the Agency's Safety Standards and Measures defined in document INFCIRC/18/Rev.1 and the applicable safety standards as they are established in accordance with that document and as they may be revised from time to time.

ARTICLE III

Peaceful Use Undertaking and Safeguards

1. The Government undertakes that the technical assistance it receives pursuant to this Agreement shall be used only for peaceful applications of atomic energy and, in particular, that such assistance shall not be used for the manufacture of nuclear weapons, for the furtherance of any military purpose and for uses which could contribute to the proliferation of nuclear weapons, such as research on, development, testing or manufacture of a nuclear explosive device.
    2. To this end and to the extent required by the Board of Governors of the Agency, the Agency's safeguards rights and responsibilities provided for in paragraph A of Article XII of its Statute shall be implemented and maintained with respect to a project subject to this Agreement pursuant to an applicable safeguards agreement which is in force between the Government and the Agency or, in the absence of such an agreement, pursuant to a safeguards agreement to be concluded between the Government and the Agency prior to the implementation of the assistance approved for the project.

ARTICLE IV

Physical Protection

To the extent relevant, the Government shall take all the measures necessary for the physical protection of nuclear facilities, equipment and materials relating directly to the technical assistance provided by or through the Agency. The Government shall be guided by the recommendations of the Agency set forth in document INFCIRC/225/Rev.4 and as they may be revised from time to time.

ARTICLE V

Title to Equipment or Materials

1. Title to the equipment and materials provided to the Government by or through the Agency in relation to a project subject to this Agreement shall vest in the Government upon the release of the equipment and materials from the customs office at the port of entry in the Republic of Slovenia to the consignee or the representative of the Government duly authorized to claim the equipment/materials on behalf of the project.
    2. Upon such transfer of title to the equipment and materials, the Government:
    (a) shall assume full and exclusive responsibility and all liabilities for the handling, use, maintenance, storage and disposal of such equipment and materials;
    (b) undertakes that:
    (i) it shall ensure the proper operation and adequate maintenance of the equipment;
    (ii) the equipment shall be made available for use by any expert provided by or through the Agency as may be required for the discharge of his professional duties; and
    (iii) to the extent relevant, the use of the equipment and materials shall be subject to the provisions of Article III of this Agreement.

ARTICLE VI

Settlement of Disputes

Any dispute concerning the interpretation or application of this Agreement which cannot be settled by negotiation or another agreed mode of settlement shall be submitted to arbitration at the request of either Party to this Agreement. Each Party shall appoint one arbitrator, and the two arbitrators so appointed shall elect a third, who shall be the Chairman. If within thirty days of the request for arbitration either Party has not appointed an arbitrator or within fifteen days of the appointment of the second arbitrator the third arbitrator has not been elected, either Party may request the Secretary General of the United Nations to appoint an arbitrator. A majority of the members of the arbitral tribunal shall constitute a quorum, and all decisions shall be made by majority vote. The arbitral procedure shall be established by the arbitrators, and the expenses of the arbitration shall be borne by the Parties as assessed by the arbitrators. The arbitral award shall contain a statement of the reasons on which it is based and shall be accepted by the Parties as the final adjudication of the dispute.

ARTICLE VII

General Provisions

1. This Agreement shall enter into force on the date upon which the Agency receives the written notification from the Government that the constitutional requirements for its entry into force have been fulfilled, and shall be provisionally applied by the Parties from the date of the last signature.
    2. This Agreement may be terminated by either Party by written notice to the other and shall terminate sixty days after receipt of such notice.
    Done, in duplicate in the English language, both copies being equally authentic.

Ljubljana 10. 5. 2006

Vienna 16-03-2006

ANNEX

Article I

Scope of this Annex

1. Pursuant to Article 1 of the Agreement, this Annex embodies the basic conditions under which the Agency shall assist the Government in carrying out its technical projects, and under which such Agency-assisted projects shall be executed. It shall apply to all such Agency assistance and to such Project Documents or other instruments (hereinafter called Project Documents) as the Parties may conclude to define the particulars of such assistance and the respective responsibilities of the Parties hereunder in more detail in regard to such projects.
    2. Assistance shall be provided by the Agency under this Annex only in response to requests submitted by the Government and approved by the Agency. Such assistance shall be made available to the Government, or to such entity as the Government may designate, and shall be furnished and received in accordance with the relevant and applicable resolutions and decisions of the competent organs of the Agency, and subject to the availability of the necessary funds to the Agency.

Article II

Forms of Assistance

1. Assistance which may be made available by the Agency to the Government under this Annex may consist of:
    (a) The services of advisory experts and consultants, including consultant firms or organizations, selected by and responsible to the Agency;
    (b) The services of operational experts selected by the Agency, to perform functions of an operational, executive or administrative character as civil servants of the Government or as employees of such entities as the Government may designate under Article I, paragraph 2, hereof:
    (c) Equipment and supplies not readily available in the Republic of Slovenia (hereinafter called the country);
    (d) Seminars, training programmes, demonstration projects, expert working groups and related activities;
    (e) Scholarships and fellowships, or similar arrangements under which candidates nominated by the Government and approved by the Agency may study or receive training; and
    (f) Any other form of assistance which may be agreed upon by the Government and the Agency.
    2. Requests for assistance shall be presented by the Government to the Agency in the form and in accordance with procedures established by the Agency for such requests. The Government shall provide the Agency with all appropriate facilities and relevant information to appraise the request, including an expression of its intent with respect to the follow-up of investment-oriented projects.
    3. Assistance may be provided by the Agency to the Government either directly or with such external assistance as the Agency may deem appropriate.

Article III

Execution of Projects

1. The Government shall remain responsible for its Agency-assisted development projects and the realization of their objectives as described in the relevant Project Documents, and shall carry out such parts of such projects as may be stipulated in the provisions of this Annex and such Project Documents. The Agency undertakes to complement and supplement the Government's participation in such projects through assistance to the Government in fulfilling its intent with respect to investment follow-up. The Government shall inform the Agency of the National Liaison Organization directly responsible for the Government's participation in each Agency-assisted project.
    2. Compliance by the Government with any prior obligations agreed to be necessary or appropriate for Agency assistance to a particular project shall be a condition of performance by the Agency of its responsibilities with respect to that project. Should provision of such assistance be commenced before such prior obligations have been met, it may be terminated or suspended without notice and at the discretion of the Agency.
    3. The National Liaison Organization shall assign a full-time National Liaison Officer who shall perform such functions as are assigned to him by the National Liaison Organization. The Agency shall appoint a Country Officer responsible to oversee the Agency's assistance at the project level. He shall serve as the principal channel of communication with the Government on all technical assistance matters. The Agency Country Officer shall maintain liaison on behalf of the Agency with the appropriate organs of the Government, including the National Liaison Organization, and shall inform the Government of the policies, criteria and procedures of the Agency. He shall supervise and coordinate activities of experts and other personnel and be responsible for the on-the-job training of national Government counterparts. He shall be responsible for the management and efficient utilization of all Agency-financed inputs, including equipment provided to the project.
    4. In the performance of their duties, advisory experts and consultants shall act in close consultation with the Government and with persons or bodies designated by the Government, and shall comply with such instructions from the Government as may be appropriate to the nature of their duties and the assistance to be given and as may be mutually agreed upon between the Agency and the Government. Operational experts shall be solely responsible to, and be under the exclusive direction of, the Government or the entity to which they are assigned, but shall not be required to perform any functions incompatible with their international status or with the purposes of the Agency. The Government undertakes that the commencing date of each operational expert in its service shall coincide with the effective date of his contract with the Agency.
    5. Recipients of fellowships shall be selected by the Agency. Such fellowships shall be administered in accordance with the fellowship policies and practices of the Agency.
    6. Technical and other equipment, materials, supplies and other property financed or provided by the Agency shall belong to the Agency unless and until such time as ownership thereof is transferred, on terms and conditions mutually agreed upon between the Government and the Agency, to the Government or to an entity nominated by it.
    7. Patent rights, copyright rights, and other similar rights to any discoveries or work resulting from Agency assistance under this Annex shall belong to the Agency. Unless otherwise agreed by the Parties in each case, however, the Government shall have the right to use any such discoveries or work within the country free of royalty or any charge of similar nature.

Article IV

Information Concerning Projects

1. The Government shall furnish the Agency with such relevant reports, maps, accounts, records, statements, documents and other information as it may request concerning any Agency-assisted projects, its execution or its continued feasibility and soundness, or concerning the compliance by the Government with its responsibilities under this Annex or Project Documents.
    2. The Agency undertakes that the Government shall be kept currently informed of the progress of its assistance activities under this Annex. Either party shall have the right, at any time, to observe the progress of operations on Agency-assisted projects.
    3. The Government shall, subsequent to the completion of a Agency-assisted project, make available to the Agency at its request information as to benefits derived from and activities undertaken to further the purposes of that project, including information necessary or appropriate to its evaluation or to evaluation of Agency assistance, and shall consult with and permit observation by the Agency for this purpose.
    4. The Parties shall consult each other regarding the publication, as appropriate, of any information relating to any Agency-assisted project or to benefits derived therefrom. However, any information relating to any investment-oriented project may be released by the Agency to potential investors, unless and until the Government has requested the Agency in writing to restrict the release of information relating to such project.

Article V

Participation and Contribution of Government in Execution of Project

1. In fulfillment of the Government's responsibility to participate and co-operate in the execution of the projects assisted by the Agency under this Annex, it shall contribute the following in kind to the extent detailed in relevant Project Documents:
    (a) local counterpart professional and other services, including national counterparts to operational experts;
    (b) land, buildings, and training and other facilities available or produced within the country; and
    (c) equipment, materials and supplies available or produced within the country.
    2. Whenever the provision of equipment forms part of Agency assistance to the Government, the latter shall meet charges relating to customs clearance of such equipment, its transportation from the port of entry to the project site together with any incidental handling or storage and related expenses, its insurance after delivery to the project site, and its installation and maintenance.
    3. The Government shall also meet the salaries of trainees and recipients of fellowships during the period of their fellowships.
    4. If so provided in the Project Document, the Government shall pay, or arrange to have paid, to the Agency the sums required, to the extent specified in the Project Budget of the Project Document, for the provision of any of the items enumerated in paragraph 1 of this Article.
    5. Monies payable to the Agency under the preceding paragraph shall be paid to an account designated for this purpose by the Agency and shall be administered in accordance with the applicable financial regulations and rules of the Agency.
    6. The cost of items constituting the Government's contribution to the project and any sums payable by the Government in pursuance of this Article, as detailed in Project Budgets, shall be considered as estimates based on the best information available at the time of preparation of such Project Budgets. Such sums shall be subject to adjustment whenever necessary to reflect the actual cost of any such items purchased thereafter.
    7. The Government shall as appropriate display signs at each project identifying it as one assisted by the Agency.

Article VI

National Participation Costs

1. In addition to the contribution referred to in Article V above, the Government shall assist the Agency in providing it with assistance by paying or arranging to pay for the following local costs or facilities, in the amounts specified in the relevant Project Document or otherwise determined by the Agency in pursuance of relevant decisions of its governing bodies:
    (a) Local administrative and clerical services, including necessary local secretarial help, interpreter-translators, and related assistance;
    (b) Transportation of personnel within the country; and
    (c) Postage and telecommunications for official purposes.
    2. Monies payable under the provisions of this Article, shall be paid by the Government and administered by the Agency in accordance with Article V, paragraph 5.

Article VII

Relation to Assistance From Other Sources

In the event that assistance towards the execution of a project is obtained by either Party from other sources, the Parties shall consult each other with a view to effective co-ordination and utilization of assistance received by the Government from all sources. The obligations of the Government hereunder shall not be modified by any arrangements it may enter into with other entities co-operating with it in the execution of a project.

Article VIII

Use of Assistance

The Government shall exert its best efforts to make the most effective use of the assistance provided by the Agency and shall use such assistance for the purpose for which it is intended. Without restricting the generality of the foregoing, the Government shall take such steps to this end as are specified in the Project Document.

Article IX

Privileges and Immunities

1. The Government shall apply to the Agency, to its property, funds and assets, and to its officials and experts, the Agreement on the Privileges and Immunities of the International Atomic Energy Agency.
    2. (a) Except as the Parties may otherwise agree in Project Documents relating to specific projects, the Government shall grant all persons, other than Government nationals employed locally, performing services on behalf of the Agency, who are not covered by paragraph 1 above the same privileges and immunities as officials of the Agency under Section 18 of the Agreement on the Privileges and Immunities of the International Atomic Energy Agency.
    (b) For purposes of the Agreement on the Privileges and Immunities of the International Atomic Energy Agency referred to in the preceding parts of this Article:
    (1) All papers and documents relating to a project in the possession or under the control of the persons referred to in sub-paragraph 2 (a) above shall be deemed to be documents belonging to the Agency; and
    (2) Equipment, materials and supplies brought into or purchased or leased by those persons within the country for purposes of a project shall be deemed to be property of the Agency.
    3. The expression »persons performing services« as used in Articles IX, X and XIII of this Annex includes operational experts, volunteers, consultants, and juridical as well as natural persons and their employees. It includes governmental or non-governmental organizations or firms which the Agency may retain to execute or to assist in the execution of Agency assistance to a project, and their employees. Nothing in this Annex shall be construed to limit the privileges, immunities or facilities conferred upon such organizations or firms or their employees in any other instrument.

Article X

Facilities for Execution of Agency Assistance

1. The Government shall take any measures which may be necessary to exempt the Agency, its officials, experts and other persons performing services on its behalf from regulations or other legal provisions which may interfere with operations under this Annex, and shall grant them such other facilities as may be necessary for the speedy and efficient execution of Agency assistance. It shall, in particular, grant them the following rights and facilities:
    (a) prompt clearance of officials, experts and other persons performing services on behalf of the Agency;
    (b) prompt issuance without cost of necessary visas, licenses or permits;
    (c) access to the site of work and all necessary rights of way;
    (d) free movement within or to or from the country, to the extent necessary for proper execution of Agency assistance;
    (e) the most favourable legal rate of exchange;
    (f) any permits necessary for the importation of equipment, materials and supplies, and for their subsequent exportation;
    (g) any permits necessary for importation of property belonging to and intended for the personal use or consumption of officials or experts of the Agency or other persons performing services on the Agency’s behalf, and for the subsequent exportation of such property; and
    (h) prompt release from customs of the items mentioned in sub-paragraphs (f) and (g) above.
    2. As assistance under this Annex is being provided for the benefit of the Government and people of the Republic of Slovenia, the Government shall bear all risks of operations arising under this Annex. It shall be responsible for dealing with claims which may be brought by third parties against the Agency, its officials, experts or other persons performing services on its behalf, and shall hold them harmless in respect of claims or liabilities arising from operations under this Annex. The foregoing provision shall not apply where the Parties have agreed that a claim or liability arises from the gross negligence or wilful misconduct of the above-mentioned individuals.

Article XI

Suspension or Termination of Assistance

1. The Agency may by written notice to the Government suspend its assistance to any project if in the judgment of the Agency any circumstance arises which interferes with or threatens to interfere with the successful completion of the project or the accomplishment of its purposes. The Agency may, in the same or a subsequent written notice, indicate the conditions under which it is prepared to resume its assistance to the project. Any such suspension shall continue until such time as such conditions are accepted by the Government and as the Agency shall give written notice to the Government that it is prepared to resume its assistance.
    2. If any situation referred to in paragraph 1 of this Article shall continue for a period of fourteen days after notice thereof and of suspension shall have been given by the Agency to the Government, then at any time thereafter during the continuance thereof, the Agency may by written notice to the Government terminate its assistance to the project.
    3. The provisions of this Article shall be without prejudice to any other rights or remedies the Agency may have in the circumstances, whether under general principles of law or otherwise.

Article XII

Modification

This Annex may be modified by written agreement between the Parties hereto. Any relevant matter for which no provision is made in this Annex shall be settled by the Parties in keeping with the relevant resolutions and decisions of the appropriate organs of the Agency. Each Party shall give full and sympathetic consideration to any proposal advanced by the other Party under this Article.