Article 1
This Protocol amplifies certain provisions of the Agreement and, in particular, specifies the conditions and means according to which co-operation in the application of the safeguards provided for under the Agreement shall be implemented in such a way as to avoid unnecessary duplication of the activities of the National System.
Article 2
In the implementation of the Agreement, the Agency shall accord to the Government of Japan treatment with respect to safeguards not less favourable than the treatment it accords to other States or a group of States, provided that the National System achieves and maintains a degree of functional independence and technical effectiveness equivalent to that of such States or group of States.
Article 3
The Government of Japan shall collect the information on facilities and on nuclear material outside facilities to be provided to the Agency under the Agreement on the basis of the agreed indicative questionnaire to be annexed to the Subsidiary Arrangements.
Article 4
The Government of Japan and the Agency shall carry out jointly the examination of design information provided for in Article 46(a) to (f) of the Agreement. The verification of design information provided for in Article 48 of the Agreement shall be carried out by the Agency in co-operation with the Government of Japan.
Article 5
When providing the Agency with the information referred to in Article 3 of this Protocol, the Government of Japan shall also transmit information on the inspection methods which it proposes to use and the full proposals, including estimates of the inspection efforts for the routine inspection activities, for the Attachments to the Subsidiary Arrangements for facilities and material balance areas outside facilities.
Article 6
The preparation of the Attachments to the Subsidiary Arrangements shall be performed together by the Government of Japan and the Agency.
Article 7
The Government of Japan shall collect reports from the operators, keep centralized accounts on the basis of these reports and proceed with the technical and accounting control and analysis of the information received. The Government of Japan shall, on a monthly basis, provide the Agency with the inventory change reports within the time limits specified in Article 63 of the Agreement. The Government of Japan shall also transmit to the Agency material balance reports and physical inventory listings within the time limits specified in Article 63 of the Agreement and in accordance with the frequency of physical inventory taking as specified in the Subsidiary Arrangements.
Article 8
The form and format of reports as agreed between the Government of Japan and the Agency shall be specified in the Subsidiary Arrangements.
Article 9
The routine inspection activities of the Government of Japan and of the Agency, including the inspections referred to in Article 84 of the Agreement, for the purposes of the Agreement, shall be co-ordinated pursuant to the provisions of Articles 10 to 16 of this Protocol and to the Subsidiary Arrangements.
Article 10
Subject to Articles 79 and 80 of the Agreement, in determining the actual number, intensity, duration, timing and mode of the Agency inspections in respect of each facility, account shall be taken of the inspection activities carried out by the Government of Japan pursuant to the provisions of this Protocol.
Article 11
Inspection efforts under the Agreement for each facility shall be determined by the use of the criteria of Article 81 of the Agreement. Such criteria shall be implemented by using the rules and methods to be set forth in the Subsidiary Arrangements, which shall be used for calculation of estimated inspection efforts. These rules and methods shall be reviewed from time to time, pursuant to Article 7 of the Agreement, to take into account new technological developments in the field of safeguards and experience gained.
Article 12
Such inspection efforts, expressed as agreed estimates of the actual inspection efforts to be applied, shall be set out in the Subsidiary Arrangements together with relevant descriptions of verification approaches and scopes of inspection to be carried out by the Government of Japan and by the Agency. These inspection efforts shall constitute, under normal operating conditions and under the conditions set out below, the actual maximum inspection efforts at the facility under the Agreement:
- (a)
- The continued validity of the information on the National System provided for in Article 32 of the Agreement, as specified in the Subsidiary Arrangements;
- (b)
- The continued validity of the information provided to the Agency in accordance with Article 3 of this Protocol;
- (c)
- The continued provision by the Government of Japan of the reports pursuant to Articles 60 and 61, 63 to 65 and 67 to 69 of the Agreement, as specified in the Subsidiary Arrangements;
- (d)
- The continued application of the co-ordination arrangements for inspections pursuant to Articles 9 to 16 of this Protocol, as specified in the Subsidiary Arrangements; and
- (e)
- The application by the Government of Japan of its inspection effort and the achievement of its technical objective with respect to the facility, as specified in the Subsidiary Arrangements, pursuant to this Article.
Article 13
- (a)
- Subject to the conditions of Article .12 of this Protocol and pursuant to Article 89 of the Agreement, co-ordination of inspection activities shall be so arranged that Agency inspections and inspections under the National System shall be carried out simultaneously.
- (b)
- Subject to the provisions of paragraph (a), whenever the Agency can achieve the purposes of its routine inspections set out in the Agreement, the Agency inspectors shall implement the provisions of Articles 74 and 75 of the Agreement through the observation of the inspection activities carried out by Japan's inspectors, provided, however, that:
- (i)
- With respect to inspection activities of Agency inspectors to be implemented other than through the observation of the inspection activities carried out by Japan's inspectors, which can be foreseen, these shall be specified in the Subsidiary Arrangements. Examples of such activities shall also be included in the Subsidiary Arrangements; and
- (ii)
- In the course of an inspection, Agency inspectors may carry out inspection activities other than through the observation of the inspection activities carried out by Japan's inspectors where they find this to be essential and urgent, if the Agency could not otherwise achieve the purposes of its routine inspections and this was unforeseeable.
Article 14
The general scheduling and planning of the inspections carried out by the Government of Japan under the Agreement shall be established by the Government of Japan in co- operation with the Agency.
Article 15
In order to enable the Agency to decide, based on requirements for statistical sampling, as to its presence at certain of the inspections carried out by the Government of Japan, the Government of Japan shall provide the Agency with an advance statement of the numbers, types and contents of items to be inspected according to the information available to the Government of Japan.
Article 16
The Government of Japan shall transmit to the Agency its working papers for those inspections at which Agency inspectors were present and inspection reports for all Japan's other inspection activities performed under the Agreement.
Article 17
Whenever the Agency can achieve the purposes of its ad hoc inspections set out in the Agreement through observation of Japan's inspection activities, it shall do so.
Article 18
- (a)
- With a view to reviewing and facilitating the application of the Agreement and of this Protocol, as well as to benefit from new technological developments in the field of safeguards and experience gained, a Joint Committee shall be established, composed of representatives of the Government of Japan and of the Agency.
- (b)
- The Committee shall meet periodically:
- (i)
- To consider questions arising from the implementation of the Agreement and of this Protocol, including agreed estimates of inspection efforts; and
- (ii)
- To examine the development of safeguards methods and techniques.
- (c)
- The Committee shall also review and promote co-operation between the Government of Japan and the Agency with regard to implementation of the results of research and development in the field of safeguards, and make recommendations concerning the effect which the results of research and development should have on the Subsidiary Arrangements.