PROTOCOL AMENDING THE AGREEMENTBETWEEN THE GOVERNMENT OF JAPANAND THE GOVERNMENT OF THE UNITED KINGDOMOF GREAT BRITAIN AND NORTHERN IRELAND
FOR CO-OPERATION IN THE PEACEFUL USES OF NUCLEAR ENERGYPROTOCOL AMENDING THE AGREEMENTBETWEEN THE GOVERNMENT OF JAPANAND THE GOVERNMENT OF THE UNITED KINGDOMOF GREAT BRITAIN AND NORTHERN IRELAND
FOR CO-OPERATION IN THE PEACEFUL USES OF NUCLEAR ENERGYThe Government of Japan and the Government of theUnited Kingdom of Great Britain and Northern Ireland;
Recognising that the United Kingdom of Great Britainand Northern Ireland and the International Atomic EnergyAgency signed the Agreement between the United Kingdom ofGreat Britain and Northern Ireland and the International
Atomic Energy Agency for the Application of Safeguards inthe United Kingdom of Great Britain and Northern Ireland inConnection with the Treaty on the Non-Proliferation ofNuclear Weapons and the Protocol Additional to the said
Agreement on June 7, 2018; andDesiring to amend the Agreement between the Governmentof Japan and the Government of the United Kingdom of GreatBritain and Northern Ireland for Co-operation in thePeaceful Uses of Nuclear Energy, done on February 25, 1998
(hereinafter referred to as “the Agreement”);
Have agreed as follows:
ARTICLE 1
The preamble of the Agreement shall be amended bydeleting the words “(hereinafter referred to as “the NonProliferation Treaty”)”, by inserting the word “and”
immediately after the words “done on July 1, 1968;”, and by
deleting the words “and Recognising that the United Kingdomof Great Britain and Northern Ireland is a member of theEuropean Atomic Energy Community (hereinafter referred toas “EURATOM”);”.
ARTICLE 2
Sub-paragraph (c) of paragraph l of Article 1 of theAgreement shall be amended by deleting the words “andequipment” and replacing them with the words “, equipmentand technology”.

- 1 -ARTICLE 3
1.
Paragraph (a) of Article 2 of the Agreement shall beamended by deleting the words “the Agreement between theGovernment of Japan and the Agency in Implementation ofArticle III. 1 and 4 of the Non-Proliferation Treaty, doneon March 4, 1977” and replacing them with the words “theAgreement between the Government of Japan and theInternational Atomic Energy Agency in Implementation ofArticle III. 1 and 4 of the Treaty on the Non-Proliferationof Nuclear Weapons, done on March 4, 1977, as supplemented
by the Protocol Additional to the said Agreement, done on
December 4, 1998 (hereinafter referred to as “theSafeguards Agreement for Japan”)”.
2.
Paragraph (b) of Article 2 of the Agreement shall beamended by deleting the words “the Agreement between theUnited Kingdom of Great Britain and Northern Ireland,
EURATOM and the Agency in connection with the NonProliferation Treaty, done on September 6, 1976” andreplacing them with the words “the Agreement between theUnited Kingdom of Great Britain and Northern Ireland andthe International Atomic Energy Agency for the Applicationof Safeguards in the United Kingdom of Great Britain andNorthern Ireland in Connection with the Treaty on the NonProliferation of Nuclear Weapons, done on June 7, 2018, as
supplemented by the Protocol Additional to the said
Agreement, done on the same date (hereinafter referred toas “the Safeguards Agreement for the United Kingdom”)”.
ARTICLE 4
The following new paragraph shall be inserted
immediately before the single paragraph of Article 3 of theAgreement and that single paragraph shall be numbered asparagraph 2 and amended by deleting the words “andequipment transferred pursuant to this Agreement” andreplacing them with the words “, equipment and technologytransferred pursuant to this Agreement, equipment based ontechnology”:“1.
Co-operation under this Agreement shall becarried out only for peaceful non-explosive purposes.”- 2 -ARTICLE 5
1.
Sub-paragraph (a) of paragraph 1 of Article 4 of theAgreement shall be amended by deleting the words “theagreement referred to in paragraph (a) of Article 2 of thisAgreement” and replacing them with the words “theSafeguards Agreement for Japan”. Sub-paragraph (b)(i) ofparagraph 1 of Article 4 of the Agreement shall be amendedby deleting the words “(1) the agreement referred to inparagraph (b) of Article 2 of this Agreement” and replacing
them with the words “the Safeguards Agreement for theUnited Kingdom” and by deleting the words “and (2)safeguards applied by EURATOM pursuant to the Treaty
establishing EURATOM, signed on March 25, 1957,”.
2.
Paragraph 2 of Article 4 of the Agreement shall beamended by deleting the words “or EURATOM” wherever they
appear in the said paragraph.
ARTICLE 6
The single paragraph of Article 5 of the Agreement
shall be numbered as paragraph 1 and the following newparagraph shall be inserted immediately after the newparagraph 1:“2.
In implementing the provisions of this Agreement,
Japan and the United Kingdom of Great Britain andNorthern Ireland shall act in conformity with theprovisions of the Convention on the PhysicalProtection of Nuclear Material and Nuclear Facilities,
adopted on October 26, 1979 and amended on July 8,2005.”
ARTICLE 7
1.
Paragraph 1 of Article 6 of the Agreement shall beamended by deleting the words “and equipment transferredpursuant to this Agreement” and replacing them with thewords “, equipment and technology transferred pursuant tothis Agreement, equipment based on technology”.
2.
Paragraph 2 of Article 6 of the Agreement shall beamended by deleting the word “items” and replacing it withthe words “technology, equipment and nuclear material”.
Sub-paragraph (a) of paragraph 2 of Article 6 of theAgreement shall be amended by inserting the words“technology for or” immediately before the word“equipment”.

- 3 -ARTICLE 8
1.
Paragraph 1 of Article 7 of the Agreement shall beamended by deleting the words “and equipment” and replacing
them with the words “, equipment and technology” and by
deleting the words “items” and “item” and replacing themwith the words “material, nuclear material, equipment ortechnology”.
2.
Paragraph 2 of Article 7 of the Agreement shall beamended by deleting the words “and equipment” and replacing
them with the words “, equipment and technology”. Subparagraph (a) of paragraph 2 of Article 7 of the Agreement
shall be amended by deleting the words “items have” andreplacing them with the words “material, nuclear material
or equipment has”. Sub-paragraph (b) of paragraph 2 ofArticle 7 of the Agreement shall be amended by deleting theword “items” and replacing it with the words “material,nuclear material, equipment or technology”.
ARTICLE 9
The following new Articles shall be inserted
immediately after Article 7 of the Agreement:“ARTICLE 7 A
As provided for in Article 1 of this Agreement,
the Contracting Parties shall develop co-operation on
research and development for peaceful non-explosive
uses of nuclear energy between themselves or theiragencies. The Contracting Parties or their agencies,
as appropriate, may allow the participation in suchco-operation of researchers and organisations from all
research sectors, including universities, laboratories
and the private sector. The Contracting Parties shallalso facilitate such co-operation between persons
under their respective jurisdictions in this field.
ARTICLE 7 B
1.
The provisions of this Agreement shall be
implemented in good faith in such a manner as to avoid
hampering, delaying or undue interference in thenuclear activities in Japan and in the United Kingdomof Great Britain and Northern Ireland and so as to beconsistent with the prudent management practices
required for the economic and safe conduct of thosenuclear activities.

- 4 -2.
The provisions of this Agreement shall not be
used for the purpose of seeking commercial orindustrial advantages, nor of interfering with thecommercial or industrial interests of either
Contracting Party or persons under its jurisdiction,
nor of interfering with the nuclear policy of either
Contracting Party, nor of hindering the promotion of
the peaceful non-explosive uses of nuclear energy.
3.
Nuclear material subject to this Agreement may be
handled based on the principles of fungibility andproportionality when it is used in mixing processes
where it loses its identity, or is deemed to lose it,in the process of conversion, fuel fabrication,enrichment or reprocessing.
4.
In implementing the provisions of this Agreement,
Japan and the United Kingdom of Great Britain andNorthern Ireland shall act in conformity with theprovisions of the Convention on Early Notification ofa Nuclear Accident, adopted on September 26, 1986, theConvention on Assistance in the Case of a Nuclear
Accident or Radiological Emergency, adopted on
September 26, 1986, the Convention on Nuclear Safety,
done on September 20, 1994 and the Joint Convention on
the Safety of Spent Fuel Management and on the Safetyof Radioactive Waste Management, done on September 5,
1997.
ARTICLE 7 C
The Contracting Parties shall ensure the adequate
and effective protection of intellectual property
created and technology transferred pursuant to the cooperation under this Agreement in accordance withrelevant international agreements to which both Japanand the United Kingdom of Great Britain and Northern
Ireland are parties and the laws and regulations inforce in their respective countries.
ARTICLE 7 D
The Contracting Parties shall exchange
information in respect of the safe and effective
management of material, nuclear material, equipment
and technology transferred pursuant to this Agreement,
equipment based on technology and nuclear material
recovered or produced as a by-product.”- 5 -ARTICLE 10
The single paragraph of Article 11 of the Agreement
shall be numbered as paragraph 1 and amended by inserting“: (a)” immediately after the words “entry into force ofthis Agreement”, by inserting the words “; or (b)terminates or materially violates its Safeguards Agreementwith the Agency referred to in Article 2 of this Agreement”
immediately after the words “in Article 10 of thisAgreement”, by deleting the words “the right to suspend or
terminate this Agreement by notification in writing” andreplacing them with the words “the right, by notificationin writing, to cease further co-operation under thisAgreement in whole or in part, or to terminate thisAgreement”, and by deleting the words “any nuclear materialtransferred pursuant to this Agreement which is” andreplacing them with the words “any material, nuclear
material and equipment transferred pursuant to thisAgreement, equipment based on technology and nuclear
material recovered or produced as a by-product which are”.
The following new paragraphs shall then be inserted
immediately after the new paragraph 1:“2.
If the United Kingdom of Great Britain andNorthern Ireland detonates a nuclear explosive device
using any material, nuclear material, equipment ortechnology transferred pursuant to this Agreement,
equipment based on technology or nuclear material
recovered or produced as a by-product, the Governmentof Japan shall have the rights specified in paragraph
1 above to cease further co-operation under thisAgreement or terminate this Agreement and to require
return.
3.
If Japan detonates a nuclear explosive device,
the Government of the United Kingdom of Great Britainand Northern Ireland shall have the rights specifiedin paragraph 1 above to cease further co-operation
under this Agreement or terminate this Agreement andto require return.”
ARTICLE 11
The following new paragraphs shal1 be inserted
immediately after paragraph (e) of Article 12 of theAgreement, paragraph (f) of the said Article shall bedeleted, and paragraph (g) of the said Article shall berenumbered as paragraph (l):- 6 -“(f)The term “technology” means specificinformation required for the development,
production or use of any material, nuclear
material or equipment, excluding information
which has been made available without
restrictions upon its further dissemination.
Basic scientific research information may
also be excluded, if specified and agreed inwriting between the Contracting Parties.
This specific information may take the formof technical data which includes blueprints,
plans, diagrams, models, formulae,
engineering designs and specifications,manuals and instructions written or recordedon other media or devices such as disk, tapeand read-only memories. It may also takethe form of technical assistance which
includes instruction, skills, training,working knowledge and consulting services;(g)

The term “development” referred to inparagraph (f) of this Article means allphases before production such as design,design research, design analysis, designconcepts, assembly and testing ofprototypes, pilot production schemes, design
data, process of transforming design data
into a product, configuration design,integration design and layouts;(h)The term “production” referred to inparagraphs (f) and (g) of this Article means
all activities for producing material,
nuclear material or equipment such as
construction, production engineering,
manufacture, integration, assembly(mounting), inspection, testing and quality
assurance;(i)

The term “use” referred to in paragraph (f)of this Article means operation,installation including on-site installation,maintenance, checking, repair, overhaul andrefurbishing;(j)

The term “equipment based on technology”
means equipment which the Contracting
Parties agree as produced from the use oftechnology transferred pursuant to thisAgreement;(k)

The term “nuclear material recovered or
produced as a by-product” means:

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(i)

nuclear material derived from nuclear
material transferred pursuant to thisAgreement;(ii)

nuclear material derived by one or more
processes from the use of material orequipment transferred pursuant to thisAgreement; and(iii)

nuclear material which the Contracting
Parties agree as derived from the useof technology transferred pursuant tothis Agreement; and”
ARTICLE 12

Paragraph 4 of Article 14 of the Agreement shall beamended by deleting the words “suspension or” and replacing
them with the words “cessation of co-operation under thisAgreement in whole or in part, or the” and by inserting thewords “, paragraphs 3 and 4 of Article 7 B” immediately
after the words “paragraph 2 of Article 7”.
ARTICLE 13The following new paragraph shall be inserted
immediately after paragraph 10 of Part A of Annex A to theAgreement, and paragraphs 11 to 15 of the said Part shallbe renumbered as paragraphs 12 to 16, respectively:“11.

External thermal shields:

External thermal shields especially designed orprepared for use in a nuclear reactor as defined inparagraph 1 above for reduction of heat loss and also
for containment vessel protection.”
ARTICLE 14
Paragraphs 1 and 5 of Annex C to the Agreement shallbe amended by deleting the words “Items transferred orretransferred” and replacing them with the words “Material,nuclear material, equipment and technology transferredpursuant to this Agreement, equipment based on technology
and nuclear material recovered or produced as a by-product,transferred or retransferred,”.

- 8 -ARTICLE 15
1.
This Protocol shall enter into force at the time anddate to be agreed by the Contracting Parties through an
exchange of diplomatic notes informing each other that
their respective constitutional requirements necessary togive effect to this Protocol have been complied with,provided that it is after the Treaty establishing theEuropean Atomic Energy Community, done on March 25, 1957,
ceases to be applicable to and in the United Kingdom ofGreat Britain and Northern Ireland.
2.
Subject to the provisions of paragraph 4 of Article 14of the Agreement as amended, this Protocol shall cease to
be in force when the Agreement ceases to be in force.
In witness whereof the undersigned, being duly
authorised by their respective Governments, have signed
this Protocol.
Done in duplicate at London, on this sixteenth day ofDecember, 2020 in the Japanese and English languages, bothtexts being equally authentic.

For the Government ofJapan:

For the Government ofthe United Kingdom ofGreat Britain andNorthern Ireland:
Kwasi Kwarteng

長嶺安政- 9 -