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Uredba o ratifikaciji Dogovora med Upravo Republike Slovenije za jedrsko varnost (URSJV) in Ministrstvom za znanost in tehnologijo Republike Koreje (MOST) o izmenjavi informacij in sodelovanju na področju jedrske varnosti
OBJAVLJENO V: Uradni list RS (mednarodne) 18-100/2000, stran 907 DATUM OBJAVE: 10.8.2000
RS (mednarodne) 18-100/2000
100. Uredba o ratifikaciji Dogovora med Upravo Republike Slovenije za jedrsko varnost (URSJV) in Ministrstvom za znanost in tehnologijo Republike Koreje (MOST) o izmenjavi informacij in sodelovanju na področju jedrske varnosti
Na podlagi tretjega odstavka 63. člena Zakona o zunanjih zadevah (Uradni list RS, št. 1/91-I) izdaja Vlada Republike Slovenije
U R E D B O
O RATIFIKACIJI DOGOVORA MED UPRAVO REPUBLIKE SLOVENIJE ZA JEDRSKO VARNOST (URSJV) IN MINISTRSTVOM ZA ZNANOST IN TEHNOLOGIJO REPUBLIKE KOREJE (MOST) O IZMENJAVI INFORMACIJ IN SODELOVANJU NA PODROČJU JEDRSKE VARNOSTI
O RATIFIKACIJI DOGOVORA MED UPRAVO REPUBLIKE SLOVENIJE ZA JEDRSKO VARNOST (URSJV) IN MINISTRSTVOM ZA ZNANOST IN TEHNOLOGIJO REPUBLIKE KOREJE (MOST) O IZMENJAVI INFORMACIJ IN SODELOVANJU NA PODROČJU JEDRSKE VARNOSTI
1. člen
Ratificira se Dogovor med Upravo Republike Slovenije za jedrsko varnost (URSJV) in Ministrstvom za znanost in tehnologijo Republike Koreje (MOST) o izmenjavi informacij in sodelovanju na področju jedrske varnosti, podpisan 7. januarja 2000 v Ljubljani.
2. člen
Dogovor se v izvirniku v angleškem jeziku in prevodu glasi:
A R R A N G E M E N T
BETWEEN THE NUCLEAR SAFETY ADMINISTRATION OF THE REPUBLIC OF SLOVENIA AND THE MINISTRY OF SCIENCE AND TECHNOLOGY OF THE REPUBLIC OF KOREA FOR THE EXCHANGE OF INFORMATION AND CO-OPERATION IN THE FIELD OF NUCLEAR SAFETY
BETWEEN THE NUCLEAR SAFETY ADMINISTRATION OF THE REPUBLIC OF SLOVENIA AND THE MINISTRY OF SCIENCE AND TECHNOLOGY OF THE REPUBLIC OF KOREA FOR THE EXCHANGE OF INFORMATION AND CO-OPERATION IN THE FIELD OF NUCLEAR SAFETY
The Nuclear Safety Administration of the Republic of Slovenia and the Ministry of Science and Technology of the Republic of Korea (hereinafter referred to as the “Parties“);
Having interest in the exchange of information pertaining to matters related to the regulation and standards required or recommended by the Parties for regulation of the safety and environmental impact of nuclear facilities;
Noting the Agreement on Scientific and Technological Co-operation between the Government of the Republic of Slovenia and the Government of the Republic of Korea signed in Seoul on May 30,1994;
Have agreed as follows:
1. SCOPE OF THE ARRANGEMENT
1.1 EXCHANGE OF TECHNICAL INFORMATION
To the extent that the Parties are permitted to do so under the laws, regulations and policy directives of their respective governments, the Parties will exchange following types of technical information relating to the technical safety of the nuclear facilities designated by mutual consent and the related regulation to be met:
1.1.1 Topical reports on the technical safety written by or for either Party as a basis for, or in support of, regulatory decisions and policies;
1.1.2 Documents relating to significant procedures and safety-related decisions affecting designated nuclear facilities;
1.1.3 Detailed documents describing the procedures applied to license and regulate certain nuclear facilities;
1.1.4 Reports on the operation of components and systems including reliability data and records of nuclear accidents, shutdowns and other malfunctions;
1.1.5 Regulatory procedures for the safety of the designated nuclear facilities;
1.1.6 Copies of the regulatory standards to be applied or proposed for use by the Parties;
1.1.7 Information on the intervention levels in case of emergency and on classifications of the emergency measures to be applied;
1.1.8 Information on the agencies dealing with the planning, regulation and intervention for emergency situations; and
1.1.9 Technical knowledge of the case-by-case approach to the significant nuclear accidents.
1.2 TRAINING AND ASSIGNMENTS
Within the limits of available resources each Party will endeavor to assist the other Party in providing training or similar programmes for its safety personnel. Salary, allowances and travel cost will be borne by the sending Party.
1.3 ADDITIONAL SAFETY ADVICE
In case that the technical information provided by a Party, in accordance with Paragraph 1.1 of this Arrangement, is not adequate to meet the other Party’s requests, the Parties may consult on the best means for meeting such requests.
2. ADMINISTRATION
2.1 The exchange of information in accordance with this Arrangement will be accomplished through letters, reports and other written forms or by direct contacts such as meetings. Meetings may be held, when deemed necessary, to review the co-operation and to recommend the revisions of this Arrangement.
2.2 An administrator will be designated by each Party respectively to co-ordinate the overall exchange. The administrators will be the recipient of all written forms of information provided in a way of exchange unless otherwise agreed. Within the terms of exchange, the administrator will be responsible for developing the scope of the exchange including agreement on the designation of the nuclear facilities and on the specification of documents and standards to be exchanged.
2.3 The application or use of any information exchanged or transferred between the Parties in accordance with this Arrangement will be the responsibility of the receiving Party, and the providing Party will not be responsible for the suitability of such information to any particular use or application.
2.4 If some types of information covered by this Arrangement are not available within the Parties, but available in other agencies of the governments which the Parties belong to, each Party will assist the other Party by organizing visits and directing inquiries concerning such information to the agencies with that information. The foregoing will not introduce the commitment of those agencies.
3. EXCHANGE AND USE OF INFORMATION
3.1 GENERAL
Information received by a Party in accordance with this Arrangement may be disseminated without further permission of the providing Party, subject to the protection of proprietary or confidential information as stated hereunder.
3.2 DEFINITIONS
3.2.1 “Information“ means scientific or technical data concerning nuclear energy related regulation, safety and waste management including results or methods of assessment and research and any other knowledge to be provided or exchanged in accordance with this Arrangement.
3.2.2 “Proprietary information“ means information made available in accordance with this Arrangement which contains trade secrets or confidential commercial information.
3.2.3 “Other confidential information“ means information, other than “proprietary information“, which is protected from public disclosure under the laws and regulations applicable to the providing Party or by the policy directives of the providing Party, and which has been provided and received confidentially.
3.3 PROPRIETARY INFORMATION INCLUDED IN DOCUMENTS
3.3.1 The Party receiving proprietary information included in documents in accordance with this Arrangement will respect the privileged nature thereof, provided that such proprietary information is clearly marked with the restrictive nature.
3.3.2 The restrictive nature will be respected by the receiving Party and proprietary information bearing this nature, without the consent of the providing Party, will not be used for commercial purposes, made public, or disseminated in any manner unspecified by or contrary to the terms of this Arrangement.
3.3.3 Proprietary information received in accordance with this Arrangement may be disseminated by the receiving Party without prior consent from the providing Party to persons belonging to the receiving Party.
3.3.4 With the prior written consent of the Party providing proprietary information in accordance with this Arrangement, the receiving Party may disseminate such proprietary information more widely than otherwise permitted in the Subparagraph 3.3.3. The Parties will co-operate in developing the consent procedures for such wider dissemination, and each Party will grant such consent to the extent permitted by its national policies, laws and regulations.
3.4 OTHER CONFIDENTIAL INFORMATION INCLUDED IN DOCUMENTS
3.4.1 The Party receiving other confidential information in accordance with this Arrangement will respect its confidential nature, provided that such information is clearly marked with the confidential nature.
3.4.2 Other confidential information may be disseminated in the same manner as set forth in Subparagraph 3.3.3 and Subparagraph 3.3.4, provided that any dissemination of the confidential information is carried out on the case-by-case consent basis pursuant to any arrangement on confidentiality and marked with the restrictive nature as described in Subparagraph 3.3.1 and Subparagraph 3.3.2.
3.5 PROPRIETARY OR OTHER CONFIDENTIAL INFORMATION NOT INCLUDED IN DOCUMENTS
Proprietary or other confidential information not included in documents and provided in seminars or other similar occasions organised in accordance with this Arrangement, or acquired through assignment of staff, use of facilities or implementation of joint projects, will be treated by the Parties according to the principles specified for documentary information in this Arrangement, if the Party providing such proprietary or other confidential information has notified the receiving Party as to the nature of that information.
3.6 CONSULTATION
If, for any reason, a Party becomes aware that it will be or is reasonably expected to become unable to meet the conditions for dissemination in this Arrangement, it will immediately inform the other Party of this. The Parties will thereafter consult each other to find the appropriate course of action.
3.7 OTHER
Nothing in this Arrangement will preclude either Party from using or disseminating the information received without restriction from sources outside this Arrangement.
3.8 DISPUTE RESOLUTION
Any dispute between the Parties concerning the interpretation or application of this Arrangement will be settled by consultations.
4. FINAL PROVISIONS
4.1 This Arrangement shall enter into force on the date of the last notification by which the Parties notify each other about fulfillment of their internal legal requirements for entry into force if required by either Party and shall remain in force for five (5) years unless extended for a further period by written notice of the Parties.
4.2 Either Party may withdraw from this Arrangement after notifying the other Party in writing ninety (90) days prior to its intended date of withdrawal.
4.3 This Arrangement may be amended at any time by agreement between the Parties.
Signed in duplicate, in Ljubljana, on 7 January 2000 in the English language, both copies being equally authentic.
Having interest in the exchange of information pertaining to matters related to the regulation and standards required or recommended by the Parties for regulation of the safety and environmental impact of nuclear facilities;
Noting the Agreement on Scientific and Technological Co-operation between the Government of the Republic of Slovenia and the Government of the Republic of Korea signed in Seoul on May 30,1994;
Have agreed as follows:
1. SCOPE OF THE ARRANGEMENT
1.1 EXCHANGE OF TECHNICAL INFORMATION
To the extent that the Parties are permitted to do so under the laws, regulations and policy directives of their respective governments, the Parties will exchange following types of technical information relating to the technical safety of the nuclear facilities designated by mutual consent and the related regulation to be met:
1.1.1 Topical reports on the technical safety written by or for either Party as a basis for, or in support of, regulatory decisions and policies;
1.1.2 Documents relating to significant procedures and safety-related decisions affecting designated nuclear facilities;
1.1.3 Detailed documents describing the procedures applied to license and regulate certain nuclear facilities;
1.1.4 Reports on the operation of components and systems including reliability data and records of nuclear accidents, shutdowns and other malfunctions;
1.1.5 Regulatory procedures for the safety of the designated nuclear facilities;
1.1.6 Copies of the regulatory standards to be applied or proposed for use by the Parties;
1.1.7 Information on the intervention levels in case of emergency and on classifications of the emergency measures to be applied;
1.1.8 Information on the agencies dealing with the planning, regulation and intervention for emergency situations; and
1.1.9 Technical knowledge of the case-by-case approach to the significant nuclear accidents.
1.2 TRAINING AND ASSIGNMENTS
Within the limits of available resources each Party will endeavor to assist the other Party in providing training or similar programmes for its safety personnel. Salary, allowances and travel cost will be borne by the sending Party.
1.3 ADDITIONAL SAFETY ADVICE
In case that the technical information provided by a Party, in accordance with Paragraph 1.1 of this Arrangement, is not adequate to meet the other Party’s requests, the Parties may consult on the best means for meeting such requests.
2. ADMINISTRATION
2.1 The exchange of information in accordance with this Arrangement will be accomplished through letters, reports and other written forms or by direct contacts such as meetings. Meetings may be held, when deemed necessary, to review the co-operation and to recommend the revisions of this Arrangement.
2.2 An administrator will be designated by each Party respectively to co-ordinate the overall exchange. The administrators will be the recipient of all written forms of information provided in a way of exchange unless otherwise agreed. Within the terms of exchange, the administrator will be responsible for developing the scope of the exchange including agreement on the designation of the nuclear facilities and on the specification of documents and standards to be exchanged.
2.3 The application or use of any information exchanged or transferred between the Parties in accordance with this Arrangement will be the responsibility of the receiving Party, and the providing Party will not be responsible for the suitability of such information to any particular use or application.
2.4 If some types of information covered by this Arrangement are not available within the Parties, but available in other agencies of the governments which the Parties belong to, each Party will assist the other Party by organizing visits and directing inquiries concerning such information to the agencies with that information. The foregoing will not introduce the commitment of those agencies.
3. EXCHANGE AND USE OF INFORMATION
3.1 GENERAL
Information received by a Party in accordance with this Arrangement may be disseminated without further permission of the providing Party, subject to the protection of proprietary or confidential information as stated hereunder.
3.2 DEFINITIONS
3.2.1 “Information“ means scientific or technical data concerning nuclear energy related regulation, safety and waste management including results or methods of assessment and research and any other knowledge to be provided or exchanged in accordance with this Arrangement.
3.2.2 “Proprietary information“ means information made available in accordance with this Arrangement which contains trade secrets or confidential commercial information.
3.2.3 “Other confidential information“ means information, other than “proprietary information“, which is protected from public disclosure under the laws and regulations applicable to the providing Party or by the policy directives of the providing Party, and which has been provided and received confidentially.
3.3 PROPRIETARY INFORMATION INCLUDED IN DOCUMENTS
3.3.1 The Party receiving proprietary information included in documents in accordance with this Arrangement will respect the privileged nature thereof, provided that such proprietary information is clearly marked with the restrictive nature.
3.3.2 The restrictive nature will be respected by the receiving Party and proprietary information bearing this nature, without the consent of the providing Party, will not be used for commercial purposes, made public, or disseminated in any manner unspecified by or contrary to the terms of this Arrangement.
3.3.3 Proprietary information received in accordance with this Arrangement may be disseminated by the receiving Party without prior consent from the providing Party to persons belonging to the receiving Party.
3.3.4 With the prior written consent of the Party providing proprietary information in accordance with this Arrangement, the receiving Party may disseminate such proprietary information more widely than otherwise permitted in the Subparagraph 3.3.3. The Parties will co-operate in developing the consent procedures for such wider dissemination, and each Party will grant such consent to the extent permitted by its national policies, laws and regulations.
3.4 OTHER CONFIDENTIAL INFORMATION INCLUDED IN DOCUMENTS
3.4.1 The Party receiving other confidential information in accordance with this Arrangement will respect its confidential nature, provided that such information is clearly marked with the confidential nature.
3.4.2 Other confidential information may be disseminated in the same manner as set forth in Subparagraph 3.3.3 and Subparagraph 3.3.4, provided that any dissemination of the confidential information is carried out on the case-by-case consent basis pursuant to any arrangement on confidentiality and marked with the restrictive nature as described in Subparagraph 3.3.1 and Subparagraph 3.3.2.
3.5 PROPRIETARY OR OTHER CONFIDENTIAL INFORMATION NOT INCLUDED IN DOCUMENTS
Proprietary or other confidential information not included in documents and provided in seminars or other similar occasions organised in accordance with this Arrangement, or acquired through assignment of staff, use of facilities or implementation of joint projects, will be treated by the Parties according to the principles specified for documentary information in this Arrangement, if the Party providing such proprietary or other confidential information has notified the receiving Party as to the nature of that information.
3.6 CONSULTATION
If, for any reason, a Party becomes aware that it will be or is reasonably expected to become unable to meet the conditions for dissemination in this Arrangement, it will immediately inform the other Party of this. The Parties will thereafter consult each other to find the appropriate course of action.
3.7 OTHER
Nothing in this Arrangement will preclude either Party from using or disseminating the information received without restriction from sources outside this Arrangement.
3.8 DISPUTE RESOLUTION
Any dispute between the Parties concerning the interpretation or application of this Arrangement will be settled by consultations.
4. FINAL PROVISIONS
4.1 This Arrangement shall enter into force on the date of the last notification by which the Parties notify each other about fulfillment of their internal legal requirements for entry into force if required by either Party and shall remain in force for five (5) years unless extended for a further period by written notice of the Parties.
4.2 Either Party may withdraw from this Arrangement after notifying the other Party in writing ninety (90) days prior to its intended date of withdrawal.
4.3 This Arrangement may be amended at any time by agreement between the Parties.
Signed in duplicate, in Ljubljana, on 7 January 2000 in the English language, both copies being equally authentic.
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D O G O V O R
MED UPRAVO REPUBLIKE SLOVENIJE ZA JEDRSKO VARNOST IN MINISTRSTVOM ZA ZNANOST IN TEHNOLOGIJO REPUBLIKE KOREJE O IZMENJAVI INFORMACIJ IN SODELOVANJU NA PODROČJU JEDRSKE VARNOSTI
MED UPRAVO REPUBLIKE SLOVENIJE ZA JEDRSKO VARNOST IN MINISTRSTVOM ZA ZNANOST IN TEHNOLOGIJO REPUBLIKE KOREJE O IZMENJAVI INFORMACIJ IN SODELOVANJU NA PODROČJU JEDRSKE VARNOSTI
Uprava Republike Slovenije za jedrsko varnost in Ministrstvo za znanost in tehnologijo Republike Koreje (v nadaljevanju “pogodbenici”) sta se
v želji po izmenjavi informacij, ki se nanašajo na predpise in standarde, ki jih pogodbenici zahtevata ali priporočata za urejanje varnostnega in okoljskega vpliva jedrskih objektov;
ob upoštevanju Sporazuma o znanstvenem in tehnološkem sodelovanju med Vlado Republike Slovenije in Vlado Republike Koreje, podpisanega 30. maja 1994 v Seulu,
dogovorila, kot sledi:
1 OBSEG DOGOVORA
1.1 IZMENJAVA TEHNIČNIH INFORMACIJ
Kolikor to pogodbenicama dovoljujejo zakoni, predpisi in programske usmeritve obeh vlad, si bosta pogodbenici izmenjavali naslednje vrste tehničnih informacij, ki se nanašajo na tehnično varnost jedrskih objektov, določenih z medsebojnim dogovorom, in ustrezne predpise, ki jih je treba upoštevati:
1.1.1 tematska poročila o tehnični varnosti, ki jih pripravi ena od pogodbenic ali se pripravijo zanjo kot podlaga ali podpora za odločitve glede predpisov in usmeritve,
1.1.2 dokumente, ki se nanašajo na pomembnejše postopke, in odločitve, ki se nanašajo na varnost določenih jedrskih objektov,
1.1.3 podrobne dokumente, ki opisujejo postopke za izdajo dovoljenj in predpise, ki se nanašajo na določene jedrske objekte,
1.1.4 poročila o obratovanju sestavnih delov in sistemov, vključno s podatki o zanesljivosti ter zapisi o jedrskih nesrečah, ustavitvah in o drugih okvarah,
1.1.5 predpisane postopke za varnost določenih jedrskih objektov,
1.1.6 kopije predpisanih standardov, ki jih je treba uporabljati ali katerih uporabo predlagata pogodbenici,
1.1.7 informacije o intervencijskih nivojih ob izrednih razmerah in informacije o klasifikaciji ukrepov ob izrednih razmerah, ki jih je treba uporabljati,