International Atomic Energy Agency
(Unofficial electronic edition)
The Text of an Agreement Between the International
Atomic Energy Agency and the Federal Government of the Republic
of Austria Regarding the Laboratories at Seibersdorf
- The text of the agreement between the Agency and the Republic
of Austria regarding the Laboratories operated by the Agency at
Seibersdorf, which was approved by the Agency's Board of
Governors on 24 February 1982, is reproduced in this document for
the information of all Members.
- The Agreement entered into force on 1 August 1985, pursuant
to Article VIII thereof.
Agreement Between the International Atomic Energy Agency and
the Republic of Austria Regarding the Laboratories at
CONSIDERING that the International Atomic Energy Agency
(hereinafter called "the IAEA") and the Republic of Austria have
agreed in Section 3 of the Agreement between the International
Atomic Energy Agency and the Republic of Austria of 11 December
1957 regarding the Headquarters of the International Atomic
Energy Agency (hereinafter called "the Headquarters
Agreement") (INFCIRC/15) that the headquarters seat shall
be defined in supplemental agreements,
BEARING IN MIND that ln accordance with Section 5 of the
Headquarters Agreement the IAEA may establish and operate
research and other technical facilities subject to appropriate
safeguards which, in the case of facilities which might create
hazards to health or safety or interfere with property, shall be
agreed with the appropriate Austrian authorities,
BEING AWARE that in accordance with Section 6 of the Headquarters
Agreement the appropriate Austrian authorities shall, at the
request of the IAEA, make arrangements, on such term and in such
manner as may be agreed upon by supplemental agreement, for the
acquisition or use by the IAEA of appropriate premises for such
purposes and for the inclusion of such premises in the
REALIZING that according to Section 8(c) of the Headquarters
Agreement the particular status of the headquarters seat shall
not prevent the application of the fire protection or sanitary
regulations of the appropriate Austrian authorities,
RECOGNIZING the IAEA's duty under Section 11 of the Headquarters
Agreement to take all reasonable step to ensure that the
amenities of the land in the vicinity of the headquarters seat
are not prejudiced by any use made of the land or buildings in
the headquarters seat,
The IAEA and the Republic of Austria (hereinafter called the
Parties) have agreed as follows:
- The Laboratories operated by the IAEA at Seibersdorf
(hereinafter called "the Laboratories") are considered part of
the headquarters seat within the meaning of Section 1(f) and
Section 3 of the Headquarters Agreement.
- In accordance with Section 3 of the Headquarters
Agreement the Laboratories shall be defined in technical
agreements to be concluded under Article II paragraph 2 of the
- The IAEA undertakes, as provided for in Section 5 of the
Headquarters Agreement, to operate the Laboratories in accordance
with appropriate safeguards.
- To the extent provided for in Section 5 of the
Headquarters Agreement the competent Austrian authorities and the
IAEA shall agree on these safeguards and accordingly conclude
appropriate technical agreements based on the relevant Austrian
legislation and corresponding international standards.
- The technical agreements referred to in paragraph 2 above
shall be amended at the request of either Party, in order to
adapt them to changes in the relevant Austrian legislation and
corresponding international standards and to take account of new
scientific developments and the experience gained during the
operation of the Laboratories.
- The operation of the Laboratories shall be conducted in
such a manner that handled amounts of radioactive material and
waste of such material will be kept to the minimum possible, with
regard to radioactivity and radiotoxicity, taking into account
the objectives of the Laboratories. Should accumulation of waste
containing nuclear material occur which, from the point of view
of either quality or quantity might be considered a matter of
concern, consultations shall be entered into at any time at the
request of either Party with a view to agreeing upon appropriate
measures to be taken.
In addition to regular inspections which are carried out by the
IAEA in accordance with its own rules and procedures and in which
Austrian experts may participate, joint inspection tours shall be
conducted by representatives of the competent Austrian
authorities and officials of the IAEA at the request of either
Party with a view to ensuring that the relevant safeguards are
duly implemented. Both sides may be accompanied by experts.
Pursuant to the provisions of Section 10 of the Headquarters
Agreement the competent Austrian authorities shall exercise due
diligence to protect the Laboratories against unauthorized entry
or disturbance in their immediate vicinity.
- In case of incidents which may involve radiation danger
to persons or property, the IAEA shall inform the competent
Austrian authorities without delay and, if necessary, request
assistance from them in order to bring the situation under
control. Such assistance shall be given immediately. The IAEA
shall render all necessary assistance to the Austrian authorities
in the exercise of their functions under this paragraph.
- If the IAEA is unable to bring under control an incident
requiring immediate action for the protection of persons or
property from grave and imminent danger, the representatives of
the Austrian authorities may enter the Laboratories to take the
necessary measures. In that case, appropriate consultations of
the Austrian authorities with the IAEA will take place as soon as
- All questions concerning liability for nuclear damage
shall be governed by Austrian law.
- The IAEA shall take out adequate insurance to cover its
financial liability for nuclear damage, which insurance shall
also provide that any claim concerning the IAEA's liability for
nuclear damage may be brought directly against the insurer.
Austrian courts shall have jurisdiction over such cases.
- Without prejudice to the liability of the IAEA for
nuclear damage the Republic of Austria shall assume the guarantee
for compensation ("Bürge und Zahler" in accordance with
Austrian law) in respect of any such nuclear damage.
- Insofar as a payment which the Republic of Austria is
ordered to make in accordance with paragraph 3 by virtue of a
decision of an Austrian court is not reimbursed by the insurer to
the Republic of Austria, the Republic of Austria shall be
entitled to claim indemnification directly from the IAEA.
- Section 51 of the Headquarters Agreement shall apply to
any dispute arising in connection with a claim of the Republic of
Austria under paragraph 4 against the IAEA.
The legal relations between the IAEA and the Republic of Austria
with regard to the Laboratories insofar as they are not regulated
by this Agreement shall be regulated by the Headquarters
This Agreement shall enter into force on the first day of the
third month following the day on which the Republic of Austria
notifies the IAEA that the necessary requirements under the
Austrian Constitution for entry into force have been fulfilled.
DONE at Vienna, in duplicate, in the English and German
languages, both texts being equally authentic, on 1 March 1982.
For the INTERNATIONAL ATOMIC ENERGY AGENCY:
For the REPUBLIC OF AUSTRIA: