TREATIES AND OTHER INTERNATIONAL ACTS SERIES 15-915.4

________________________________________________________________________

ATOMIC ENERGY

Nuclear Safety 

Arrangement Between the 

UNITED STATES OF AMERICA

and the EUROPEAN ATOMIC ENERGY 

COMMUNITY (EURATOM)

Signed at Vienna September 15, 2015

with

Addenda and Annex
 NOTE BY THE DEPARTMENT OF STATE

 Pursuant to Public Law 89—497, approved July 8, 1966

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued

under the authority of the Secretary of State shall be competent

evidence . . . of the treaties, international agreements other than

treaties, and proclamations by the President of such treaties and

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime

jurisdiction, and in all the tribunals and public offices of the

United States, and of the several States, without any further proof

or authentication thereof.”
 EUROPEAN ATOMIC ENERGY 

 COMMUNITY (EURATOM)

 Atomic Energy: Nuclear Safety

 Arrangement signed at Vienna 

 September 15, 2015;

 Entered into force September 15, 2015.

 With addenda and annex.
ARRANGEMENT 

BETWEEN 

THE UNITED STATES NUCLEAR REGULATORY 

COMMISSION (USNRC) 

AND 

THE EUROPEAN ATOMIC ENERGY COMMUNITY 

(EURATOM) 

REPRESENTED BY THE 

EUROPEAN COMMISSION 

FOR THE EXCHANGE OF TECHNICAL 

INFORMATION 

AND 

COOPERATION IN NUCLEAR SAFETY MATTERS 
ARRANGEMENT 

BETWEEN 

THE UNITED STATES NUCLEAR REGULATORY COMMISSION (USNRC) 

AND 

THE EUROPEAN ATOMIC ENERGY COMMUNITY (EURATOM) 

REPRESENTED BY 

THE EUROPEAN COMMISSION 

FOR THE EXCHANGE OF TECHNICAL INFORMATION 

AND 

COOPERATION IN NUCLEAR SAFETY MATTERS 

The United States Nuclear Regulatory Commission (hereinafter called the USNRC), and 

the European Atomic Energy Community (hereinafter called EURATOM) represented by the 

European Commission, both hereinafter referred to as "the Parties:" 

Having a mutual interest in a continuing exchange of information pertaining to regulatory 

matters and of standards required or recommended by their organizations for the regulation of 

safety and environmental impact of nuclear facilities; 

Having similarly cooperated under the terms of a five-year Technical Exchange and 

Cooperation Arrangement in the Field of Nuclear Safety Research, signed at Rockville on 

September 30, 2009; 

Have agreed as follows: 
I. SCOPE OF THE ARRANGEMENT 

A. Technical Information Exchange 

To the extent that the Parties are permitted to do so under applicable laws, 

regulations, guidelines, and policy directives. they will exchange the following 

types of unclassified technical information relating to the regulation of safety, 

waste management, radiological safety, and environmental impact of designated 

nuclear energy facilities and to nuclear safety research programs: 

1. Topical reports concerning safety, waste management, radiological 

safety, and environmental effects written by or for one of the Parties as a 

basis for, or in support of, regulatory decisions and policies. 

2. Documents relating to significant licensing actions and safety and 

environmental decisions affecting nuclear facilities. 

3. Detailed documents describing the USNRC process for licensing and 

regulating certain U.S. facilities designated by EURATOM as similar to 

certain facilities being built or planned in the European Union and 

equivalent documents on such facilities owned by EURATOM. 

4. Information in the field of reactor safety research either in the possession 

of one of the Parties or available to it, including light water reactor safety 

information from the technical areas described in Addenda "A" and "B," 

attached hereto and made integral parts of this Arrangement. 

Cooperation in these itemized research areas may require a separate 

agreement, as determined to be necessary by the research organizations 

of one or both of the Parties. Each Party will transmit immediately to the 

other information concerning research results that requires ear1y attention 

in the interest of public safety, along with an indication of significant 

implications. 

5. Reports on operating experience, such as reports on nuclear incidents, 

accidents and shutdowns, and compilations of historical reliability data on 

components and systems. 

6. Regulatory procedures for the safety, waste management. radiological 

safety, and environmental impact evaluation of nuclear facilities. 

7. Ear1y advice of important events, such as serious operating incidents, 

government-directed reactor shutdowns, and emerging technical issues 

that are of immediate interest to the Parties. 
B. Cooperation in Nuclear Safetv Research 

The terms of cooperation for joint programs and projects of nuclear safety 

research and development, or those programs and projects under which 

activities are divided between the two Parties, including·the use of test facilities 

and/or computer programs owned by either Party, will be considered on a caseby-case basis and may be the subject of a separate agreement, if determined to 

be necessary by the research organizations of one or both of the Parties. When 

not the subject of a separate agreement, the terms of cooperation may be 

established by an exchange of letters between the research organizations of the 

Parties, and will be subject to the terms and conditions of the present 

Arrangement. 

Technical areas specified by such exchanges of letters may be modified 

subsequently by mutual consent. Temporary assignments of personnel by one 

Party in the other Party's Agency will also be considered on a case-by-case basis 

and will, in general, require a separate agreement between the research 

organizations of the Parties. 

C. Training and Assignments 

Within the limits of available resources and subject to the availability of 

appropriated funds, the USNRC will cooperate with EURATOM in providing 

certain training and experience for EURATOM safety personnel. Unless 

otherwise agreed, costs of salary, allowances, and travel of EURATOM 

participants will be paid by EURATOM. The following are typical of, but not 

necessarily exclusive of, the kinds of training and experience that may be 

provided: 

1. EURATOM designated inspector accompaniment of USNRC inspectors 

on reactor operation and reactor construction inspection visits in the 

United States, including extended briefings at USNRC regional inspection 

offices. 

2. Participation by EURATOM employees in USNRC staff training courses. 

3. Assignment of EURATOM experts for certain periods to be determined by 

the Parties within the USNRC staff to work on USNRC staff duties and 

gain on-the-job experience. 

4. Training assignments of EURATOM within the radiation control program 

in the United States. 
II. ADMINISTRATION 

A. The exchange of information under this Arrangement will be accomplished 

through letters, reports, and other documents, and by visits and meetings 

arranged in advance on a case-by-case basis. Periodic meetings will be held at 

such times as mutually agreed to review the exchange of information and 

cooperation under this Arrangement. to recommend revisions to the provisions of 

the Arrangement, and to discuss topics coming within the scope of the 

cooperation. The time, place, and agenda for such meetings will be agreed upon 

in advance. Visits which take place under the Arrangement, including their 

schedules, will have the prior approval of the administrators referred to in 

paragraph II.B. 

B. An administrator will be designated by each Party to coordinate its participation in 

the overall exchange under this Arrangement. The administrators will be the 

recipients of all documents transmitted under the exchange, including copies of 

all letters unless otherwise agreed. Within the terms of the exchange, the 

administrators will be responsible for developing the scope of the exchange, 

including agreement on the designation of the nuclear energy facilities subject to 

the exchange, and on specific documents and standards to be exchanged. One 

or more technical coordinators may be appointed as direct contacts for specific 

disciplinary areas. These technical coordinators will ensure that both 

administrators receive copies of all transmittals. These detailed arrangements 

are intended to ensure, among other things, that a reasonably balanced 

exchange giving access to equivalent available information is achieved and 

maintained. 

C. The administrators will determine the number of copies to be provided of the 

documents exchanged. Each document will be accompanied by an abstract in 

English, 250 words or less, describing its scope and content. 

D. The application or use of any information exchanged or transferred between the 

Parties under this Arrangement will be the responsibility of the receiving Party, 

and the transmitting Party does not warrant the suitability of such information for 

any particular use or application. 

E. Recognizing that some information of the type covered in this Arrangement is not 

available within the agencies that are Parties to this Arrangement, but is available 

from affiliated agencies and other official entities of the governments of the 

Parties, each Party will assist the other to the maximum extent possible by 

organizing visits and directing inquiries concerning such information to 

appropriate agencies of the government concerned. The foregoing will not 

constitute a commitment of other agencies to furnish such information or to 

receive such visitors. 
Ill. EXCHANGE AND USE OF INFORMATION 

A. General 

The Parties support the widest possible dissemination of information provided or 

exchanged under this Arrangement, subject to the requirements of the laws, 

regulations, guidelines, and policies applicable to each Party and the need to 

protect proprietary and other confidential or privileged information, and subject to 

the provisions of the Intellectual Property Annex, which is an integral part of this 

Arrangement. 

B. Definitions 

1. The term "information" means unclassified nuclear energy-related 

regulatory, safety, waste management, scientific, or technical data, 

including information on results or methods of assessment, research, and 

any other knowledge provided, created, or exchanged under this 

Arrangement. 

2. The term "proprietary information" means information made avaiiable 

under this Arrangement that contains trade secrets or other privileged or 

confidential commercial information (such that the person having the 

information may derive a commercial benefit from it or may have a 

commercial advantage over those who do not have it) and may only 

include information that: 

a. has been held in confidence by its owner; 

b. has not been transmitted by the owner to other entities (including 

the receiving Party), except on the basis that it be held in 

confidence; 

c. is not otherwise available to the receiving Party from another 

source without restriction on its further dissemination; and 

d. is not already in the possession of the receiving Party. 

3. The term "other confidential or privileged information" means information, 

other than "proprietary information," that has been transmitted and 

received in confidence under this Arrangement and is protected from 

public disclosure under the laws, regulations, guidelines, or policies 

applicable to the Party providing the information. 

C. Marking Procedures for Documentary Proprietary Information 

A Party receiving documentary proprietary information pursuant to this 

Arrangement will respect the privileged nature of such information, provided that 

such proprietary information is clearly marked with the following (or substantially 

similar) restrictive legend: 
"This document contains proprietary information furnished in 

confidence under an Arrangement dated __ • 20XX, 

between the United States Nuclear Regulatory Commission 

(USNRC) and the European Atomic Energy Community 

(EURATOM) and will not be disseminated outside these 

organizations, their consultants, contractors, and licensees, or 

concerned departments and agencies of the Government of the 

United States and EURATOM, without the prior written approval of 

(name of transmitting Party). This notice must be marked on each 

page of any reproduction hereof, in whole or in part. These 

limitations will automatically terminate when the proprietary 

information is disclosed by the owner without restriction." 

This restrictive legend will be respected by the Parties to this Arrangement. 

Proprietary information bearing this restrictive legend will not be made public or 

otherwise disseminated in any manner unspecified or contrary to the terms of this 

Arrangement without the prior written consent of the transmitting Party. 

Proprietary information bearing this restrictive legend will not be used by the 

receiving Party or its contractors and consultants for any commercial purposes 

without the prior written consent of the transmitting Party. 

D. Dissemination of Documentary Proprietary Information 

1. In general, proprietary information received under this Arrangement may 

be disseminated by the receiving Party without prior consent to persons 

within or employed by the receiving Party, and to concerned Government 

departments and Government agencies in the jurisdiction of the receiving 

Party, provided: 

a. such dissemination is made on a case-by-case basis; and 

b. such proprietary information bears the restrictive legend appearing 

in Section Ill. C. of this Arrangement. 

2. Proprietary information received under this Arrangement may be 

disseminated by the receiving Party without prior consent to contractors 

and consultants of the receiving Party located within the geographical 

limits of that Party's jurisdiction provided: 

a. that the proprietary information is used by such contractors and 

consultants only for work within the scope of their contracts with 

the receiving Party relating to the subject matter of the proprietary 

information, and will not be used by such contractors and 

consultants for any other private commercial purposes; 

b. that such dissemination is made on a case-by-case basis to 

contractors and consultants who have executed a non-disclosure 

agreement; and 
c. that such proprietary information will bear the restrictive legend 

appearing in Section Ill. C. of this Arrangement. 

3. With the prior written consent of the Party furnishing proprietary 

information under this Arrangement, the receiving Party may disseminate 

such proprietary information more widely than otherwise permitted under 

the terms set forth in this Arrangement. The Parties will endeavor to 

grant such approval to the extent permitted by their respective laws, 

regulations, guidelines, and policies, provided: 

a. that the entities receiving proprietary information under Section 

III.D.3. of this Arrangement, including domestic or related 

organizations permitted or licensed by the receiving Party to 

construct or operate nuclear production or utilization facilities, or to 

use nuclear and materials radiation sources, have executed a 

non-disclosure agreement; 

b. that the entities receiving proprietary information under Section 

III.D.3. of this Arrangement, including domestic or related 

organizations permitted or licensed by the receiving Party to 

construct or operate nuclear production or utilization facilities, will 

not use such proprietary information for any private commercial 

purposes; and 

c. that those entities receiving proprietary information under Section 

III.D.3. of this Arrangement that are domestic or related 

organizations permitted or licensed by the receiving Party, agree 

to use the proprietary information only for activities carried out 

under or within the terms of their specific permit or license. 

E. Marking Procedures for Other Confidential or Privileged Information of a 

Documentary Nature 

A Party receiving under this Arrangement other confidential or privileged 

information will respect its confidential nature, provided such information is 

clearly marked so as to indicate its confidential or privileged nature and is 

accompanied by a statement indicating: 

1. that the information is protected from public disclosure by the appropriate 

governing authorities of the transmitting Party; and 

2. that the information is transmitted under the condition that it be 

maintained in confidence. 

F. Dissemination of Other Confidential or Privileged Information of a Documentary 

Nature 

Other confidential or privileged information may be disseminated in the same 

manner as that set forth in Section III.D, "Dissemination of Documentary 

Proprietary Information." 
G. Non-Documentary Proprietary or Other Confidential or Privileged Information 

Non-documentary proprietary or other confidential or privileged information 

provided in seminars and other meetings organized under this Arrangement, or 

information arising from the attachments of staff, use of facilities, or joint projects, 

will be treated by the Parties according to the principles specified for 

documentary information in this Arrangement; provided, however, that the Party 

communicating such proprietary or other confidential or privileged information 

has placed the recipient on notice as to the character of the information 

communicated. 

H. Consultation 

If, for any reason, one of the Parties becomes aware that it will be, or may 

reasonably be expected to become, unable to meet the non-dissemination 

provisions of this Arrangement, it will immediately inform the other Party. The 

Parties will thereafter consult to define an appropriate course of action. 

I. Other 

Nothing contained in this Arrangement will preclude a Party from using or 

disseminating information received without restriction by a Party from sources 

outside of this Arrangement. 

IV. FINAL PROVISIONS 

A. Nothing contained in this Arrangement will require either Party to take any action 

that would be inconsistent with the laws, regulations, guidelines, or policy 

directives applicable to it. Should any conflict arise between the terms of this 

Arrangement and those laws, regulations, guidelines, or policy directives, the 

Parties agree to consult before any action is taken. No nuclear information 

related to proliferation-sensitive technologies will be exchanged under this 

Arrangement. 

B. Unless otherwise agreed, all costs resulting from cooperation pursuant to this 

Arrangement will be the responsibility of the Party that incurs them. The ability of 

the Parties to carry out their obligations is subject to the appropriation of funds by 

the appropriate governmental authority and to the laws, regulations, guidelines, 

and policies applicable to the Parties. 

C. Cooperation under this Arrangement will be in accordance with the laws, 

regulations, and guidelines applicable to the Parties. Any dispute or questions 

between the Parties concerning the interpretation or application of this 

Arrangement will be settled by mutual agreement of the Parties. 
D. This Arrangement will enter into force upon signature and, subject to paragraph 

E of this Section, will remain in force for a period of five years. It may be 

extended for a further period of time by written agreement of the Parties. Upon 

entry into force of this Arrangement, the Technical Exchange and Cooperation 

Arrangement in the Field of Nuclear Safety Research, signed at Rockville on 

September 30, 2009, will be superseded. 

E. Either Party may terminate this Arrangement after providing the other Party 

written notice 180 days prior to its intended date of termination. 

DONE at V\e !!\. '\.c.._ 

language. 

FOR THE UNITED STATES NUCLEAR 

REGULA TOR MMISSION: 

/ 20~. in the English 

FOR THE EUROPEAN ATOMIC 

ENERGY COM NITY: 

General of the 
Addendum A 

USNRC- EURATOM Safety Research Exchange 

Areas in Which the USNRC Is Performing or Sponsoring Nuclear Safety Research 

1. Digital Instrumentation and Control 

2. Reactor and Electrical Equipment Qualification 

3. Environmental Transport 

4. Radionuclide Transport and Waste Management 

5. Dry Cask Storage and Transport 

6. Fire Safety Research 

7. Nudear Fuel Analysis 

8. Severe Accident Analysis 

9. Operating Experience and Generic Issues 

10. Human Factors Engineering 

11. Organizational Factors/Safety Culture 

12. Human Reliability Analysis 

13. Probabilistic Risk Assessments 

14. Radiation Protection and Health Effects 

15. Seismic Safety 

16. State of the Art Risk Consequences 

17. Reactor Containment Structural Safety 

18. Reactor Vessel and Piping Integrity 

19. Regulatory Guide Update 

20. New and Advanced Reactor Designs 

21. Decommissioning 

22. Thermal Hydraulic Code Applications and Maintenance 

23. Uncertainty Analysis for Thermal Hydraulic Kinetics 

24. Coupled 3D Neutronic and Plant Thermal Hydraulics 

25. Medical Isotope Production 

26. Long-term Operational Management 

27. Plant and Systems Operations 
Addendum B 

USNRC- EURATOM Safety Research Exchange 

Areas in Which EURATOM Is Performing or Sponsoring Nuclear Safety Research 

1. Integrity of Reactor Components 

2. Structural Materials Performance 

3. Plant Operation Safety 

4. Seismic Safety 

5. Life Extension and Management (Plant Modernization) 

6. Probability Safety Assessment 

7. Severe Accidents Management 

8. Reactor Containment Performance 

9. Multiphase thermal-hydraulics coupled with neutronics 

10. Analysis of Nuclear Reactor Systems 

11. Innovative or Revisited Reactor Concepts 

12. Advanced nuclear energy systems (GENIV) 

13. Nuclear Fuel Behavior 

14. Spent fuel and High Level Waste characterization and stability 

15. Partitioning and Transmutation 

16. Fuel & materials development for Transmutation 

17. Reference nuclear data for safety of new reactor developments and radioactive 

waste management 

18. Innovative fuels for advanced systems 

19. Revisited fuel cycle concepts 

20. Development of codes and modeling 

21. Environmental transfer of radioactive material and Health effects 

22. Nuclear Safety Education, Training and Knowledge Management 

23. Decommissioning 
Intellectual Property Rights Annex 

I. General Obligation 

The Parties will ensure adequate and effective protection of intellectual property 

created or furnished under this Arrangement and relevant implementing arrangements. 

Rights to such intellectual property will be allocated as provided in this Annex. 

11. Scope 

A. This Annex is applicable to all cooperative activities undertaken pursuant to this 

Arrangement, except as otherwise specifically agreed by the Parties or their 

designees. 

B. For purposes of this Arrangement, "intellectual property" will mean the subject 

matter listed in Article 2 of the Convention Establishing the World Intellectual 

Property organization, done at Stockholm, July 14, 1967, and may include other 

subject matter as agreed by the Parties. 

C. Each Party will ensure, through contracts or other legal means with its own 

participants, if necessary, that the other Party can obtain the rights to intellectual 

property allocated in accordance with this Annex. This Annex does not otherwise 

alter or prejudice the allocation between a Party and its nationals, or nationals of 

its member states, which will be determined by the laws and practices applicable 

to that Party. 

D. Except as otherwise provided in this Arrangement, disputes concerning 

intellectual property arising under this Arrangement will be resolved through 

discussions between the concerned participating institutions, or, if necessary, the 

Parties or their designees. Upon mutual agreement of the Parties, a dispute will 

be submitted to an arbitral tribunal for binding arbitration in accordance with the 

applicable rules of international law. Unless the Parties or their designees agree 

otherwise in writing, the arbitration rules of UNCITRAL will govern. 

E. Termination or expiration of this Arrangement will not affect rights or obligations 

under this Annex. 

Ill. Allocation of Rights 

A. Each Party will be entitled to a non-exclusive, irrevocable, royalty-free license in 

all countries to translate, reproduce, and publicly distribute scientific and 

technical journal articles, reports, and books directly arising from cooperation 

under this Arrangement. All publicly distributed copies of a copyrighted work 

prepared under this provision will indicate the names of the authors of the work 

unless an author explicitly declines to be named. 

B. Rights to all forms of intellectual property, other than those rights described in 

paragraph II I.A. above, will be allocated as follows: 

(1) Visiting researchers will receive rights, awards, bonuses and royalties in 
(2) 

accordance with the policies of the host institution. 

(a) Any intellectual property created by persons employed or 

sponsored by one Party under cooperative activities other than 

those covered by paragraph 111.(8)(1) will be owned by that Party. 

Intellectual property created by persons employed or sponsored 

by both Parties will be jointly owned by the Parties. In addition, 

each creator will be entitled to awards, bonuses, and royalties in 

accordance with the policies of the institution employing or 

sponsoring that person. 

(b) Unless otherwise agreed in an implementing or other 

arrangement, each Party will have within the geographical limits of 

that Party's jurisdiction a right to exploit or license intellectual 

property created in the course of the cooperative activities. 

(c) The rights of a Party outside the geographical limits of that Party's 

jurisdiction will be determined by mutual Arrangement considering 

the relative contributions of the Parties and their participants to the 

cooperative activities, the degree of commitment in obtaining legal 

protection and licensing of the intellectual property, and such other 

factors deemed appropriate. 

(d) Notwithstanding paragraphs III.B(2)(a) and (b) above, if either 

Party believes that a particular project is likely to lead to or has led 

to the creation of intellectual property not protected by the laws 

applicable to the other Party, the Parties will immediately hold 

discussions to determine the allocation of rights to the intellectual 

property. If an agreement cannot be reached within three months 

of the date of the initiation of the discussions, cooperation on the 

project in question will be terminated at the request of either Party. 

Creators of intellectual property will nonetheless be entitled to 

awards, bonuses, and royalties as provided in paragraph 

III.B(2)(a). 

(e) For each invention made under any cooperative activity, the 

Party employing or sponsoring the inventor(s) will disclose the 

invention promptly to the other Party together with any 

documentation and information necessary to enable the other 

Party to establish any rights to which it may be entitled. Either 

Party may ask the other Party in writing to delay publication or 

public disclosure of such documentation or information for the 

purpose of protecting its rights in the invention. Unless otherwise 

agreed in writing, the delay will not exceed a period of six months 

from the date of disclosure by the inventing Party to the other 

Party. 
IV. Business Confidential Information 

In the event that infonnation identified in a timely fashion as business-confidential is 

furnished or created under this Arrangement, each Party and its participants will protect 

such information in accordance with applicable laws, regulations, guidelines, and 

administrative practices. Information may be identified as "business-confidential" if a 

person having the information may derive an economic benefit from it or may obtain a 

competitive advantage over those who do not have it, and the information is not 

generally known or publicly available from other sources, and the owner has not 

previously made the information available without imposing in a timely manner an 

obligation to keep it confidential.