Decree No. 59 / 1958 Coll.
Decree on the Statutes of the International Atomic Energy Agency
Valid
Effective from 29.07.1957
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59
Decree of the Minister for Foreign Affairs
of 8 September 1958
on the Statutes of the International Atomic Energy Agency
At an international conference held from 20 September to 26 October 1956 in New York, the Statutes of the International Atomic Energy Agency, established at the same time pursuant to Article I of the Statutes, were negotiated on 26 October 1956.
Pursuant to Article XXI (E), the Statutes took effect on 29 July 1957.
The National Assembly agreed with the Statutes on 18 April 1957 and was ratified by the President of the Republic on 7 June 1957. The instrument of ratification was deposited with the United States Government on 5 July 1957.
The Czechoslovak Republic became a participant in the Statutes on 5 July 1957.
The original members of the International Atomic Energy Agency referred to in Article IV (A) of the Statute shall be:
Afghanistan, Albania, Argentina, Australia, Burma, Belgium, Belarusian Soviet Socialist Republic, Brazil, Bulgaria, Ceylon, Czechoslovakia, China, Denmark, Dominican Republic, Ecuador, Ethiopia, France, Guatemala, Haiti, Holland, Honduras, India, Indonesia, Iceland, Israel, Italy, Japan, South Africa Union, Yugoslavia, Cambodia, Canada, Korea, Cuba, Luxembourg, Hungary, Morocco, Mexico, Monaco, Germany, Nicaragua, Norway, New Zealand, Pakistan, Paraguay, Peru, Poland, Portugal, Austria, Romania, Greece, San Salvador, United States of America, Switzerland, Thailand, Tunisia, Turkey, Ukraine, the Soviet Socialist Republic.
Finland has so far become another member of the Agency under Article IV (B) of the Statute.
The Czech translation of the Statutes is published in the Annex to the Collection of Laws. *)
David v. r.
DEFINITIONS
International Atomic Energy Agencies
Establishment of the International Atomic Energy Agency
The Contracting Parties hereby establish the International Atomic Energy Agency (hereinafter referred to as the Agency) in accordance with the provisions and conditions set out below.
Objectives
The Agency is to speed up and expand the contribution of nuclear energy to peace, health and well-being throughout the world. Where it is in its power, it shall ensure that assistance which it provides itself or which will be provided at its request or under its supervision or under its management is not used in such a way as to facilitate military objectives.
Function
A. The Agency shall be empowered to:
1. encourage and assist research, development and practical use of nuclear energy for peaceful purposes worldwide; to facilitate, upon request, the provision of services or supplies of material, equipment or equipment by one member of the Agency to another and to carry out any activity or service useful for research, development or practical use of nuclear energy for peaceful purposes;
2. take measures in accordance with these Statutes and procuring materials, services, equipment and equipment necessary for research, development and practical use of nuclear energy for peaceful purposes, including electricity production, with due regard to the needs of the world's underdeveloped areas;
3. to ensure the exchange of scientific and technical information on the peaceful use of atomic energy;
4. promote the exchange and training of scientists and experts in the field of the peaceful use of nuclear energy;
5. introduce and implement protective measures designed to ensure that specific fissile materials and other materials, services, equipment, equipment and information provided by the Agency, or at its request or under its direct control, are not used in such a way as to facilitate any military objectives; allow, at the request of the Parties, the use of such safeguards in any bilateral or multilateral agreement or at the request of any State to apply them in the activities of such State in the field of atomic energy;
6., after consultation, and where appropriate, in cooperation with the United Nations authorities called upon to establish and adopt safety standards for the protection of health and the reduction of life and property risks to the minimum (including such standards for working conditions), and take measures to ensure that those standards are maintained in its own work, as well as in an activity involving the use of material, services, equipment, equipment and information provided by the Agency or at its request or under its supervision or under its management; and, at the request of the Parties, ensure that these standards are applied in an activity carried out under any bilateral or multilateral agreement or at the request of any State in an activity of that State in the field of atomic energy;
7. the acquisition or establishment of any establishment, establishment and equipment to carry out the tasks for which the Agency is authorised, at any time the facilities, facilities and equipment which it otherwise has at its disposal in the relevant field are insufficient or are only available to it under conditions which it considers unsatisfactory.
B. In the performance of its tasks, the Agency shall:
1. carry out its activities in accordance with the objectives and principles of the United Nations in order to promote peace and international cooperation and in accordance with the United Nations policy to achieve secure disarmament on a global scale and in accordance with all applicable international agreements concluded in accordance with that policy;
2. establish a control of the use of specific fissile materials obtained by the Agency to ensure that such materials are used exclusively for peaceful purposes;
3. allocate its resources in such a way as to ensure their efficient use and the greatest possible general benefit in all areas of the world, taking into account the special needs of the underdeveloped areas;
4. submit annual reports on its activities to the United Nations General Assembly and whenever necessary to the Security Council; where issues falling within the competence of the Security Council arise in connection with the Agency's activities, the Agency shall inform the Security Council as the body which has the primary responsibility for maintaining international peace and security and may also take the measures for which it is authorised under those Statutes, including those provided for in paragraph C of Article XII;
5. Submits reports to the Economic and Social Council and other United Nations bodies on matters falling within the competence of these institutions.
C. In carrying out its tasks, the Agency shall not bind assistance to members with any political, economic, military or other conditions incompatible with the provisions of these Statutes.
D. Subject to the provisions of these Statutes and the conditions laid down in agreements concluded between a State or a group of States and the Agency which comply with the provisions of the Statutes, the Agency shall ensure that the sovereign rights of States are properly respected in carrying out its activities.
Composition
A. The initial members of the Agency shall be the Member States of the United Nations or any special tasks organisation which sign these Statutes within 90 days of being unsigned and shall deposit the instruments of ratification.
B. Other members of the Agency shall be States, regardless of whether they are or are not members of the United Nations or any expert organisation which imposes a instrument of acceptance of these Statutes after prior approval of their membership by the General Conference, on a recommendation from the Governing Council. When recommending and approving States' membership, the Governing Council and the General Conference shall determine whether the State concerned is able and willing to fulfil the obligations arising from membership of the Agency, taking due account of its competence and willingness to follow the objectives and principles of the United Nations Charter.
C. The Agency shall be based on the principle of sovereign equality of all its members and all members shall fulfil the obligations which they have entered into under these Statutes in order to ensure the rights and benefits of membership for all members.
General Conference
A. A General Conference composed of representatives of all members shall meet at regular annual meetings and at special meetings convened by the Director-General at the request of the Governing Council or of a majority of members. Meetings shall be held at the headquarters of the Agency, unless otherwise specified by the General Conference.
B. Each member shall be represented at meetings by one representative who may be accompanied by alternates and advisers. Each member shall bear the costs of his delegation.
C. At the beginning of each meeting, the General Conference shall elect a President and other officials as required. They shall perform their duties during the meeting. Within the limits of the provisions of these Statutes, the General Conference shall act in its Rules of Procedure. Each member shall have one vote. Decisions pursuant to paragraph H of Article XIV, paragraph C of Article XVIII and paragraph B of Article XIX shall require a majority of two thirds of the members present and voting. Other issues, including other questions or groups of questions to be decided by a two-thirds majority, shall be decided by the majority of the members present and voting. Most members are quorum.
D. The General Conference may discuss any matter or matter which is or is related to the powers and tasks of any body set up by those Statutes and may make recommendations to members of the Agency or the Governing Council on any such matter or matter.
E. General Conference
1. elect the members of the Governing Council in accordance with Article VII;
2. adopt new members in accordance with Article IV;
3. deprives a member of privileges and membership rights pursuant to Article XIX;
4. discuss the annual report of the Governing Council;
5. Approves, in accordance with Article XIV, the budget of the Agency recommended by the Governing Council or returns it to the Governing Council with a recommendation concerning its whole or part in order to re-submit the General Conference;
6. Approves the reports to be submitted to the United Nations, as required by the Agreement on Relations between the Agency and the United Nations, with the exception of the reports referred to in paragraph C of Article XII, or returns them with its recommendation to the Governing Council;
7. Approves any agreement or any agreement between the Agency and the United Nations and other organisations as provided for in Article XVI, or returns such agreement with its recommendation to the Governing Council for re-submission to the General Conference;
8. Approves the principles and limits of the powers of the Council for the negotiation of loans in accordance with paragraph G of Article XIV; approve the rules on the acceptance of voluntary contributions granted to the Agency and, in accordance with paragraph F of Article XIV, approve the manner in which the general fund referred to in that paragraph may be used;
9. Approves amendments to these Statutes in accordance with paragraph C of Article XVIII;
10. Approves the appointment of the Director-General in accordance with paragraph A of Article VII.
F. The General Conference shall be entitled:
1. to decide on any matter which the Governing Council shall, in particular, refer to it for that purpose;
2. propose to the Governing Council for consideration and request reports from the Council on any matter within the Agency's remit.
Governing Council
A. The Governing Council shall be composed as follows:
1. The outgoing Governing Council (or, in the case of the first Council, the Preparatory Committee referred to in Annex I) shall designate for membership of the Council five members of the most advanced in atomic energy technology, including the production of basic materials, as well as the most advanced in atomic energy technology, including the production of basic materials in each of the following areas, unless they are represented by the five:
1. North America
2. Latin America
3rd Western Europe
4. Eastern Europe
5. Africa and the Middle East
6th South Asia
7th Southeast Asia and Pacific
8. Far East.
(2) The outgoing Governing Council (or, in the case of the first Council, the Preparatory Committee referred to in Annex I) shall designate two members of the following other producers of basic material for membership: Belgium, Czechoslovakia, Poland and Portugal; It shall also designate one additional member as a technical assistance supplier for membership of the Council. No member in this category in any year will be able to be re-designated in the same category for the following year.
3. The General Conference shall elect ten members for membership of the Governing Council with due regard for the fair representation of members by area referred to in subparagraph A-1 of this Article in the Council as a whole, so that the Council still has representatives of each of these areas in this category, except North America. Except for five members elected for a period of one year under paragraph A member in that category in any term of office may not be re-elected in the same category for the subsequent term of office.
B. The designation of members as provided for in paragraphs A-1 and A-2 shall be carried out at least 60 days before each regular annual meeting of the General Conference. The elections provided for in subparagraph A-3 of this Article shall take place at regular annual meetings of the General Conference.
C. The members of the representatives of the Governing Council as referred to in paragraphs A-1 and A-2 of this Article shall hold their office from the end of the next regular annual meeting of the General Conference following their designation until the end of the next regular annual meeting of the General Conference.
D. The members of the Board of Governors referred to in subparagraph A-3 of this Article shall hold their office from the end of the regular annual meeting of the General Conference at which they were elected until the end of the second regular annual meeting of the General Conference. However, when selecting those members to the first Governing Council, five members shall be elected for a period of one year.
E. Each member of the Governing Council shall have one vote. The Council shall decide on the amount of the Agency's budget by a two-thirds majority of the members present and voting, as provided for in paragraph H of Article XIV. Other issues, starting with the determination of other questions or groups of questions to be decided by a two-thirds majority, shall be decided by the majority of the members present and voting. Two thirds of all Council members are quorum.
F. The Governing Council shall be empowered to carry out the tasks of the Agency in accordance with these Statutes and shall be responsible for the General Conference as determined by the Statutes.
G. The Governing Council shall meet at a time to be determined. Meetings shall be held at the headquarters of the Agency, unless otherwise specified by the Council.
H. The Governing Council shall elect a President and other officials from among its members and, within the limits of the provisions of these Statutes, shall act in accordance with its Rules of Procedure.
I. The Governing Council may set up a commission it deems appropriate. The Council may appoint persons to represent it in contact with other organisations.
J. The Governing Council shall prepare an annual report for the General Conference on Agency matters and all projects approved by the Agency. The Council shall also prepare and report to the General Conference, which shall present it or will be called upon to the United Nations or to other organisations whose activities relate to the activities of the Agency. These reports, together with the annual reports, shall be submitted to the members of the Agency at least one month before the regular annual meeting of the General Conference.
Staff
A. The CEO is the head of the Agency staff. The Director-General shall be appointed by the Governing Council with the approval of the General Conference for a period of four years. He's a senior administrative employee of the Agency.
B. The Director-General shall be responsible for the appointment, management and activity of the staff, shall be subject to and under the control of the Council. It shall carry out its duties in accordance with the provisions laid down by the Council.
C. Staff shall consist of such qualified scientific and technical staff as are required to fulfil the objectives and tasks of the Agency. The Agency shall follow the principle that the number of its permanent staff should be as small as possible.
D. In the selection and recruitment of staff and the adjustment of service conditions, the main aim is to ensure the highest performance, technical competence and integrity of staff. In maintaining these aspects, due account should be taken of the contributions of the members of the Agency and of staff being selected as widely as possible at the geographical base.
E. The conditions under which staff members are appointed, remunerated and made redundant shall be determined in accordance with the rules laid down by the Governing Council in accordance with the provisions of these Statutes and with the general provisions approved by the General Conference on the recommendation of the Council.
F. The Director-General and the staff, acting in the exercise of their duties, shall neither seek nor take instructions from any place outside the Agency. They shall cut off any action affecting their status as employees of the Agency; in the light of their obligations towards the Agency, it shall not disclose any industrial secrets or other confidential information they obtain in the performance of their duties at the Agency. Each member shall undertake to ensure the international nature of the function of Director-General and of the staff and not to seek to engage in their duties.
G. The term "staff" referred to in this Article includes guards.
Exchange of information
A. Each member is to provide the Agency with information which he considers would be useful to it.
B. Each member shall provide the Agency with all scientific information on the results obtained with the assistance of the Agency under Article XI.
C. The Agency shall collect and make available in accessible form the information provided to it pursuant to paragraphs A and B of this Article. It shall effectively encourage the exchange of information between members on the nature and peaceful use of nuclear energy and shall assist its members as an intermediary to this end.
Supply of materials
A. Members may make available to the Agency as many special fissile materials as they deem appropriate and under the conditions agreed with the Agency. The materials provided to the Agency may be stored either by that member or with the agreement of the Agency in the storage of the Agency, as decided by the member providing them.
B. Members may also make available to the Agency basic materials as defined in Article XX and other materials. The Governing Council shall determine the quantities of such materials to be adopted by the Agency under the arrangements foreseen in Article XIII.
C. Each member shall notify the Agency of the quantity, form and composition of special fissile materials, basic materials and other materials which it is willing to make available, in accordance with its laws, immediately or during a period established by the Governing Council.
D. The member shall, upon request of the Agency, supply to the other member or group of members the quantity of the materials which he has made available to the Agency and shall deliver to the Agency without delay the quantity of such materials that are actually required for the Agency's activities and scientific research.
E. The quantity, form and composition of materials made available by any member may be amended at any time by that member with the approval of the Governing Council.
F. First notification under paragraph A member shall, within three months of the date on which these Statutes become effective for him, make this Article. Unless otherwise provided for by the Governing Council, the first materials supplied shall be determined for the calendar year following that in which the statutes become effective for that member. The following notifications shall also, unless the Council provides otherwise, apply for the calendar year following the notification and shall be made no later than 1 November of each year.
G. The Agency shall determine the place and method of delivery and, if necessary, the form and composition of the materials the supply of which it has requested from a member of the quantity of which he is a member, according to his notification to the Agency, is willing to make available. The Agency shall also verify the quantity of materials delivered and shall notify the members on a regular basis.
H. The Agency shall be responsible for storing and protecting the materials in its possession. The Agency shall ensure that such materials are secured against 1 weather, 2 unauthorised relocation and use for unauthorised purposes, 3 damage or destruction including sabotage and 4 violent withdrawal.
When storing the special fissile materials in its possession, the Agency shall ensure the geographical distribution of those materials in such a way as not to concentrate large stocks of such materials in any country or region of the world.
I. As soon as practicable, the Agency shall, as necessary, establish or obtain:
1. premises, equipment and equipment for the taking-over, storage and supply of materials;
2. protective equipment;
3. adequate health and safety measures;
4. control laboratories for the analysis and verification of the materials received;
5. accommodation and administrative facilities for staff required for the above mentioned tasks.
J. Materials made available under this Article shall be used in accordance with a decision of the Governing Council in accordance with these Statutes. No member shall have the right to require that the material made available to the Agency be stored separately by the Agency or to determine for which individual projects it is to be used.
Services, equipment and equipment
Members may provide the Agency with services, equipment and facilities which may facilitate the achievement of the objectives and tasks of the Agency.
Agency projects
A. Any member or group of members of the Agency wishing to set up a project for research, development or practical use of nuclear energy for peaceful purposes may request the assistance of the Agency in the measures of special fissile and other materials, services, equipment and equipment required for this purpose. Each such request shall be accompanied by an explanation of the purpose and scope of the project. The request shall be discussed by the Governing Council.
B. At the request of the Agency, the Agency may assist any member or group of members in actions aimed at financing from sources outside the Agency in carrying out such projects. When providing such assistance, the Agency shall not be obliged to give any guarantees or take any responsibility for such a project.
C. The Agency may arrange for the delivery of any materials, services, equipment and equipment necessary for the project by one or more members, or may itself directly procure some or all of them, taking into account the wishes of the member or members who have submitted the request.
D. The Agency may send a person or persons qualified to review the project to the territory of a member or group of members submitting an application in order to assess the application. To this end, the Agency may, with the agreement of a member or group of members submitting an application, use its own staff or employ appropriately qualified members of any member.
E. Before approving a project under this Article, the Governing Council shall take due account of:
1. the usefulness of the project, including its scientific and technical feasibility;
2. the adequacy of plans, funds and technical staff to ensure effective implementation of the project;
3. the adequacy of the proposed health and safety standards for material handling, storage and operational facilities;
4. unable to provide the necessary funds, materials, equipment, equipment and services for a member or group submitting an application;
5. the fair distribution of materials and other resources available to the Agency;
6. the special needs of the less developed areas of the world; and
7. To all other important circumstances.
F. After approval of the project, the Agency shall negotiate with the member or group of members submitting the project an agreement which shall:
1. ensure the allocation of the required special fissile or other required material for the purposes of the project;
2. arrange for the transfer of special fissile materials from their existing custody site, whether those materials are in the custody of the Agency or the member who has made them available for use for the projects of the Agency, a member or a group of members presenting the project under conditions that ensure the safety of the necessary transport and comply with relevant health and safety standards;
3. lay down the conditions, including payments, under which the Agency itself is to procure materials, services, equipment and equipment and, where materials, equipment and equipment are to procure a member, the conditions agreed between the member or group of members submitting the project and the member supplying the material;
4. include the commitments of the member or group of members submitting the project that (a) the assistance provided will not be used in such a way as to assist the military objectives, (b) the project will be subject to the protection measures provided for in Article XII, the protection measures that are applicable being set out in detail in the Agreement;
5. include appropriate provisions on the rights and interests of the Agency and of the member or members concerned on all inventions and discoveries or patents obtained in the project;
6. include appropriate provisions concerning the resolution of the issues at issue;
7. include other provisions to be required.
G. The provisions of this Article shall also apply, as appropriate, to applications for materials, services, equipment or equipment for projects already in existence.
Protection measures of the Agency
A. In any project of the Agency or other action where interested parties apply to the Agency for the implementation of safeguard measures, the Agency shall, to the extent appropriate to that project or action, have the following rights and responsibilities:
1. examine and approve the design of special equipment or equipment, including nuclear reactors, only in order to ensure that it does not support any military objectives, that it complies with the relevant health and safety standards and that it allows for effective measures provided for in this Article;
2. to require the maintenance of all health and safety measures prescribed by the Agency;
3. require the maintenance and presentation of operational records to help ensure the registration of essential and special fissile materials used or produced in such a project or measure;
4. require and receive reports on the progress of work;
5. approve the procedures to be used for the chemical treatment of irradiated materials only in order to ensure that such chemical treatment does not allow misuse of materials for military purposes and that appropriate health and safety standards are complied with; require that special fissile materials obtained or produced as by-product be used in the continued compliance with the Agency's peace-keeping measures for research or in reactors already in existence or built, identified by the relevant member or members; require the Agency to deposit a surplus of any special fissile material obtained or produced as a by-product in excess of the amount needed for the abovementioned use in order to prevent the accumulation of such material, on request of the relevant member or members of the special fissile material thus deposited with the Agency, to be returned immediately to the relevant member or members for use under the same conditions as set out above;
6. to send to the territory of the State or States which are beneficiaries, inspectors designated by the Agency, after consultation with the competent State or States, who will always have access to all sites, data and persons who, in their employment, are engaged in the use of materials, equipment or means which must be provided under these Statutes as required for the registration of essential and special fissile materials and fissile products provided for in paragraph A-2 of this Article, ensure that the obligations prohibiting the use of materials to promote military objectives referred to in subparagraph F-4 of Article XI are fulfilled, that the health and protective standards referred to in subparagraph A-2 of this Article and all other conditions laid down in the agreement between the Agency and the Member State or States concerned are fulfilled. Inspectors designated by the Agency shall be accompanied by representatives of the authorities of the competent State, if so requested by such State, provided that they are not delayed or otherwise restricted in the performance of their duties;
7. in the event that the State (s) receiving the beneficiary does not comply with the conditions and does not take the required corrective measures within a reasonable time, temporarily suspend or terminate the assistance and remove all materials and equipment made available to the Agency or to a member in support of the project;
B. As soon as necessary, the Agency shall establish a College of Inspectors. The College of Inspectors shall be responsible for verifying all activities carried out by the Agency and shall determine whether the Agency complies with the health and protective measures it has prescribed for projects subject to its approval, supervision or management and whether the Agency is taking sufficient measures to prevent the use of essential and special fissile materials which are in its custody or which are used or produced in its own activities to support any military objectives. If the relevant measures are not complied with or implemented, the Agency shall immediately remedy.
C. The College of Inspectors shall also be responsible for obtaining and verifying the registration referred to in subparagraph A-6 of this Article and ensuring that the commitments referred to in subparagraph F-4 of Article XI are fulfilled, that the measures referred to in subparagraph A-2 of this Article and all other project conditions set out in the Agreement between the Agency and the participating State or States are maintained. Inspectors shall notify any failure to fulfil their obligations to the Director-General, who shall submit their report to the Governing Council. The Council shall invite the beneficiary State (s) to terminate immediately the infringement of the commitments found. The Council shall report on the breach of commitments to all members of the Agency, the Security Council and the General Assembly of the United Nations. In the event that the State (s) receiving the beneficiary fails to comply fully within a reasonable period of time, the Council may take one or both of the following measures: directly restrict or suspend the assistance provided by the Agency or a member and call for the return of materials and equipment made available to the member or group of members. The Agency may also, in accordance with Article XIX, waive the exercise of membership rights and privileges of a member who fails to fulfil obligations.
Reimbursement of members
Where there is no other agreement between the Governing Council and the member supplying the Agency, the Council shall negotiate with such member an agreement providing for compensation for supplies made.
Financial provisions
A. The Governing Council shall submit annually to the General Conference a draft budget for the Agency's expenditure. In order to facilitate the work of the Council in this respect, the Director-General shall first prepare a draft budget. If the General Conference does not approve the draft budget, it shall, together with its recommendations, return it to the Council. The Council will then submit further proposals for approval to the General Conference.
B. The Agency's expenditure shall be divided into the following categories:
1. administrative expenditure; This expenditure includes:
(a) expenditure on staff of the Agency, except those whose work relates to materials, services, equipment and equipment referred to in subparagraph B-2 below; expenditure on meetings and expenditure needed to prepare the Agency's projects and provide information;
(b) the expenditure related to the implementation of the safeguard measures foreseen by Article XII for the projects of the Agency or subparagraph A-5 of Article III for bilateral or multilateral agreements, together with expenditure on the administration and storage of special fissile material by the Agency, with the exception of the management and storage fees referred to in paragraph E below;
2. expenditure other than those covered by paragraph 1 of this paragraph on any material, equipment, plant and equipment acquired or set up by the Agency in carrying out the tasks for which it is authorised and expenditure on materials, services, equipment and equipment provided by the Agency under agreements with one or more members.
C. In determining the expenditure referred to in subparagraph B-1 (b), the Governing Council shall deduct the amounts to be reimbursed under the agreements implementing safeguard measures concluded between the Agency and the participants in bilateral or multilateral agreements.
D. The Governing Council shall allocate the costs referred to in subparagraph B-1 to members according to a scale to be determined by the General Conference. In doing so, the General Conference will follow the principles adopted by the United Nations for determining Member States' contributions to the proper budget of the United Nations.
E. The Governing Council shall periodically establish a scale of fees, including adequate uniform storage and administration fees, for materials, services, equipment and equipment provided to members of the Agency. This scale shall be determined in such a way that revenue is provided to the Agency in order to cover the expenditure and costs referred to in subparagraph B-2, minus any voluntary contributions which the Governing Council may use for this purpose in accordance with paragraph F. The proceeds of such fees shall be deposited on a special fund from which the materials, services, equipment and equipment supplied to the members are to be paid and the expenditure referred to in subparagraph B-2, incurred by the Agency itself.
F. All surplus revenue referred to in paragraph E, in excess of the expenditure and costs indicated therein, and all voluntary contributions to the Agency shall be transferred to a general fund which may be used in accordance with a decision of the Governing Council approved by the General Conference.
G. Subject to the rules and restrictions approved by the General Conference, the Governing Council shall be entitled to negotiate loans on behalf of the Agency without, however, imposing any obligations on the members of the Agency on loans concluded under this competence and to accept voluntary contributions to the Agency.
H. Decisions of the General Conference on Financial Affairs and the Governing Council on the amount of the Agency's budget shall require a two-thirds majority of the members present and voting.
Privileges and immunities
A. The Agency shall enjoy in the territory of each member the legal capacity and privileges required to carry out its tasks.
B. Representatives of the members and their alternates and advisors, governors appointed to the Council and their alternates and advisors and the Director-General and staff of the Agency shall use the privileges and immunities required to carry out independently their tasks related to the Agency.
C. The legal capacity, privileges and immunities referred to in this Article shall be defined in a specific agreement or agreements between the Agency to be represented by the Director-General acting under the Governing Council's directives and by individual members.
Relationship with other organisations
A. With the approval of the General Conference, the Governing Council shall be entitled to conclude a contract or contracts establishing an appropriate relationship between the Agency and the United Nations, as well as any other organisation whose work relates to the work of the Agency.
B. The Treaty or Treaties governing the relationship between the Agency and the United Nations are to provide for:
1. that the Agency will submit reports in accordance with the provisions of paragraphs B-4 and B5 of Article III;
2. That the Agency shall discuss a resolution, concerning it, adopted by the General Assembly or any United Nations Council, and shall, upon request, submit to the competent authority of the United Nations for approval a report on the measures taken by the Agency itself or its members in accordance with these Statutes as a result of such discussion.
Settlement of disputes
A. Any questions or disputes relating to the interpretation or implementation of these Statutes which are not resolved by negotiation shall be submitted to the International Court of Justice in accordance with the Statute of the Court of Justice, unless the Parties agree otherwise.
B. Both the General Conference and the Governing Council are entitled to request, with the approval of the United Nations General Assembly, the opinion of the International Court of Justice on any legal issue arising in the performance of the Agency's activities.
Changes and disappearances from the Agency
A. Any member of the Agency may submit proposals to amend these statutes. The Director-General shall prepare certified copies of each proposed amendment and deliver them to all members at least 90 days before the General Conference has discussed the proposal.
B. At the fifth annual meeting of the General Conference after the entry into force of these Statutes, a question of general review of the provisions of these Statutes will be included on the agenda of the sitting. If the majority of members present and voting agree, the review of the statutes will be carried out at the next General Conference. Later on, proposals for a general review of these Statutes may be submitted to the General Conference, which shall decide in accordance with the same procedure.
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Regulation Information
| Citation | Decree No. 59 / 1958 Coll., on the Statutes of the International Atomic Energy Agency |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.10.1958 |
|---|---|
| Effective from | 29.07.1957 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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