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AGREEMENT

BETWEEN THE EUROPEAN ATOMIC ENERGY COMMUNITY ( EURATOM ) AND THE GOVERNMENT OF THE ARGENTINE REPUBLIC FOR COOPERATION CONCERNING THE PEACEFUL USES OF NUCLEAR ENERGY

( 63/68/EURATOM )

THE EUROPEAN ATOMIC ENERGY COMMUNITY ( EURATOM ) , ACTING THROUGH ITS COMMISSION ( HEREINAFTER CALLED THE " COMMISSION " ) , AND THE GOVERNMENT OF THE ARGENTINE REPUBLIC ( HEREINAFTER CALLED THE " GOVERNMENT " ) ,

DESIRING TO COLLABORATE WITH EACH OTHER IN ORDER TO PROMOTE AND ENLARGE THE CONTRIBUTION WHICH THE DEVELOPMENT OF PEACEFUL USES OF NUCLEAR ENERGY CAN MAKE TO WELFARE AND PROSPERITY IN THE COMMUNITY AND IN THE ARGENTINE REPUBLIC ;

CONSIDERING THEIR COMMON DESIRE TO ESTABLISH CLOSE COOPERATION CONCERNING THE PEACEFUL USES OF NUCLEAR ENERGY ,

HAVE AGREED AS FOLLOWS :

ARTICLE I

1 . THE CONTRACTING PARTIES SHALL RENDER EACH OTHER AID AND ASSISTANCE IN ENCOURAGING AND DEVELOPING PEACEFUL USES OF NUCLEAR ENERGY IN THE COMMUNITY AND IN THE ARGENTINE REPUBLIC .

2 . IN VIEW OF THE EXCLUSIVE PEACEFUL FUNCTIONS OF THE EUROPEAN ATOMIC ENERGY COMMUNITY ( EURATOM ) , COOPERATION BETWEEN THE CONTRACTING PARTIES SHALL NOT EXTEND TO ACTIVITIES UNCONNECTED WITH THE PEACEFUL USES OF NUCLEAR ENERGY . ARRANGEMENTS FOR SUCH COOPERATION SHALL BE AGREED IN EACH CASE ; SUCH ARRANGEMENTS SHALL BE CONSISTENT WITH THE LAWS AND REGULATIONS IN FORCE IN THE COMMUNITY AND IN THE ARGENTINE REPUBLIC AND WITH THE INTERNATIONAL AGREEMENTS TO WHICH THE COMMUNITY OR THE ARGENTINE REPUBLIC ARE PARTIES AT THE DATE OF ENTRY INTO FORCE OF THIS AGREEMENT .

ARTICLE II

1 . THE CONTRACTING PARTIES MAY MAKE AVAILABLE TO EACH OTHER AND TO PERSONS ESTABLISHED IN THE ARGENTINE REPUBLIC OR IN THE COMMUNITY INFORMATION AT THEIR DISPOSAL ON PEACEFUL USES OF NUCLEAR ENERGY .

2 . THE CONTRACTING PARTIES SHALL ENCOURAGE AND FACILITATE THE EXCHANGE OF INFORMATION IN THIS FIELD BETWEEN PERSONS ESTABLISHED IN THE COMMUNITY AND PERSONS ESTABLISHED IN THE ARGENTINE REPUBLIC .

3 . THE INFORMATION REFERRED TO IN PARAGRAPHS 1 AND 2 SHALL , IN PARTICULAR , RELATE TO :

( A ) RESEARCH AND DEVELOPMENT ;

( B ) HEALTH AND SAFETY ;

( C ) INSTALLATIONS AND EQUIPMENT ;

( D ) THE USE OF INSTALLATIONS AND EQUIPMENT , ORES , SOURCE MATERIALS , SPECIAL FISSILE MATERIALS , IRRADIATED FUELS AND RADIOISOTOPES .

4 . INFORMATION REGARDED BY THE SUPPLYING CONTRACTING PARTIES AS BEING OF COMMERCIAL VALUE SHALL BE SUPPLIED ONLY UNDER TERMS AND CONDITIONS DETERMINED BY THAT CONTRACTING PARTY .

5 . THE CONTRACTING PARTIES MAY NOT SUPPLY INFORMATION WHICH HAS BEEN ACQUIRED SUBJECT TO RESTRICTIONS ON ITS USE OR DISSEMINATION UNLESS THEY CAN ENSURE THAT THOSE RESTRICTIONS WILL BE OBSERVED .

ARTICLE III

1 . THE CONTRACTING PARTIES MAY , ON COMMERCIAL TERMS , GRANT TO EACH OTHER OR TO PERSONS ESTABLISHED IN THE ARGENTINE REPUBLIC OR IN THE COMMUNITY , LICENCES OR SUBLICENCES UNDER PATENTS FOR WHICH THEY HAVE THE RIGHT TO GRANT LICENCES OR SUBLICENCES AND WHICH RELATE TO PEACEFUL USES OF NUCLEAR ENERGY .

2 . THE CONTRACTING PARTIES SHALL ENCOURAGE AND FACILITATE THE GRANTING TO PERSONS ESTABLISHED IN THE ARGENTINE REPUBLIC OR IN THE COMMUNITY OF LICENCES AND SUBLICENCES UNDER PATENTS OWNED BY PERSONS ESTABLISHED IN THE COMMUNITY OR IN THE ARGENTINE REPUBLIC WHICH RELATE TO PEACEFUL USES OF NUCLEAR ENERGY .

3 . THE CONTRACTING PARTIES SHALL ENCOURAGE AND PROMOTE THE EXCHANGE OF STUDENTS , TECHNICIANS AND TEACHING PERSONNEL . THEY SHALL , IN PARTICULAR , SO FAR AS POSSIBLE ASSIST TRAINEES TO ATTEND RESEARCH ESTABLISHMENTS IN THE COMMUNITY OR IN THE ARGENTINE REPUBLIC FOR THE PURPOSE OF COMPLETING THEIR TRAINING .

ARTICLE IV

1 . AT THE REQUEST OF THE GOVERNMENT , THE COMMISSION SHALL ENCOURAGE PERSONS ESTABLISHED IN THE COMMUNITY TO COOPERATE IN PROSPECTING FOR AND INVESTIGATING DEPOSITS OF URANIUM AND OTHER NUCLEAR MATERIALS IN ARGENTINE TERRITORY .

2 . THE FORM AND THE CONDITIONS OF COOPERATION IN THIS FIELD MAY BE LAID DOWN BY AGREEMENT BETWEEN THE GOVERNMENT AND PERSONS ESTABLISHED IN THE COMMUNITY .

3 . IF COOPERATION IN THIS FIELD YIELDS POSITIVE RESULTS , THE CONTRACTING PARTIES SHALL CONSULT EACH OTHER TO DETERMINE TO WHAT EXTENT THE COMMUNITY AND THE PERSONS ESTABLISHED THEREIN MAY , UNDER ARGENTINE LAW , BENEFIT FROM SUCH RESULTS .

ARTICLE V

THE CONTRACTING PARTIES AGREE THAT , WITH THE GENERAL OR SPECIFIC AUTHORIZATION OF THE GOVERNMENT OR , WHERE SO REQUIRED BY THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY ( EURATOM ) , OF THE COMMISSION , ORES , SOURCE MATERIALS AND SPECIAL FISSILE MATERIALS MAY BE SUPPLIED OR RECEIVED UNDER THIS AGREEMENT ON COMMERCIAL TERMS OR AS OTHERWISE AGREED BY THE SUPPLY AGENCY OF THE COMMUNITY , OR BY PERSONS ESTABLISHED IN THE ARGENTINE REPUBLIC OR IN THE COMMUNITY .

ARTICLE VI

THE CONTRACTING PARTIES SHALL , SO FAR AS POSSIBLE , ASSIST EACH OTHER AND PERSONS ESTABLISHED IN THE ARGENTINE REPUBLIC OR IN THE COMMUNITY IN ACQUIRING OR CONSTRUCTING INSTALLATIONS , EQUIPMENT AND OTHER REQUISITES FOR NUCLEAR ENERGY RESEARCH , DEVELOPMENT AND PRODUCTION IN THE ARGENTINE REPUBLIC OR IN THE COMMUNITY .

ARTICLE VII

1 . THE LIABLILITY OF EACH CONTRACTING PARTY RESULTING FROM THE IMPLEMENTATION OF THIS AGREEMENT SHALL BE LIMITED TO GUARANTEES , WHICH WILL BE AGREED CASE BY CASE .

2 . THE CONTRACTING PARTIES RECOGNIZE THAT THE FULL IMPLEMENTATION OF THIS AGREEMENT CALLS FOR MEASURES FOR SOLVING THE PROBLEM OF CIVIL LIABILITY RISKS WHICH AT PRESENT ARE UNINSURABLE . THE CONTRACTING PARTIES AGREE TO COOPERATE IN PREPARING AND SECURING THE EARLIEST POSSIBLE ADOPTION OF MEASURES FOR ENSURING ADEQUATE FINANCIAL PROTECTION IN RESPECT OF CIVIL LIABILITY .

ARTICLE VIII

1 . THE CONTRACTING PARTIES UNDERTAKE TO ENSURE THAT MATERIALS OR EQUIPMENT OBTAINED UNDER THIS AGREEMENT , AND SOURCE MATERIALS OR SPECIAL FISSILE MATERIALS DERIVED FROM THE USE OF ANY MATERIALS OR EQUIPMENT SO OBTAINED , SHALL BE EMPLOYED SOLELY FOR THE PROMOTION AND DEVELOPMENT OF PEACEFUL USES OF NUCLEAR ENERGY AND NOT FOR ANY MILITARY PURPOSE .

2 . BEFORE SUPPLYING MATERIALS OR EQUIPMENT UNDER THIS AGREEMENT , THE CONTRACTING PARTIES SHALL CONSULT EACH OTHER IN ORDER TO APPLY A SYSTEM OF SAFEGUARDS WHICH WILL ENSURE THAT THE USE OF SUCH MATERIALS OR EQUIPMENT IS IN ACCORDANCE WITH THE OBJECTIVES OF THIS AGREEMENT .

SUCH CONSULTATION SHALL BE BASED UPON THE SYSTEM OF SAFEGUARDS SET UP BY THE COMMUNITY UNDER THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY ( EURATOM ) AND THE MEASURES ADOPTED TO THE SAME END BY THE GOVERNMENT .

ARTICLE IX

1 . THE CONTRACTING PARTIES SHALL REGULARLY CONSULT EACH OTHER ON QUESTIONS ARISING FROM THE APPLICATION OF THIS AGREEMENT . THEY SHALL SUPERVISE ITS OPERATION AND SHALL STUDY MEASURES OF COOPERATION ADDITIONAL TO THOSE PROVIDED IN THIS AGREEMENT .

2 . SUCH CONSULTATION SHALL RELATE , IN PARTICULAR , TO QUESTIONS OF COMMON CONCERN AFFECTING PEACEFUL USES OF ATOMIC ENERGY , BEARING ON RESEARCH , PRODUCTION , TECHNOLOGY , HEALTH AND SAFETY AND ECONOMIC QUESTIONS .

ARTICLE X

IN THIS AGREEMENT :

( A ) " CONTRACTING PARTIES " MEANS THE EUROPEAN ATOMIC ENERGY COMMUNITY ( EURATOM ) AND THE GOVERNMENT OF THE ARGENTINE REPUBLIC ;

( B ) " INSTALLATIONS " MEANS FACTORIES , BUILDINGS OR STRUCTURES ENCLOSING OR COMPRISING EQUIPMENT WITHIN THE MEANING OF SUBPARAGRAPH ( C ) OR WHICH ARE SPECIALLY SUITABLE FOR OR ARE USED FOR NUCLEAR PURPOSES ;

( C ) " EQUIPMENT " MEANS ITEMS OF MACHINERY OR PLANT , OR MAJOR COMPONENTS THEREOF , SPECIALLY SUITABLE FOR USE IN NUCLEAR ENERGY PROJECTS ;

( D ) " FUEL " MEANS ANY SUBSTANCE , OR COMBINATION OF SUBSTANCES , PREPARED FOR USE IN A REACTOR FOR THE PURPOSE OF INITIATING AND MAINTAINING A SELF-SUSTAINING FISSION CHAIN REACTION ;

( E ) " ORES " MEANS ORES CONTAINING SUBSTANCES FROM WHICH THE SOURCE MATERIALS DEFINED BELOW MAY BE OBTAINED BY THE APPROPRIATE CHEMICAL AND PHYSICAL PROCESSING ;

( F ) " SOURCE MATERIAL " MEANS URANIUM CONTAINING THE MIXTURE OF ISOTOPES OCCURING IN NATURE ; URANIUM DEPLETED IN THE ISOTOPE 235 ; THORIUM ; ANY OF THE FOREGOING IN THE FORM OF METAL , ALLOY , CONCENTRATE OR CHEMICAL COMPOUND ; OR SUCH OTHER MATERIAL AS MAY BE MUTUALLY AGREED BY THE CONTRACTING PARTIES ;

( G ) " SPECIAL FISSILE MATERIAL " MEANS PLUTONIUM ; URANIUM 233 ; URANIUM 235 ; URANIUM ENRICHED IN THE ISOTOPES 233 OR 235 ; ANY SUBSTANCES AS MAY BE AGREED BETWEEN THE CONTRACTING PARTIES . THE TERM " SPECIAL FISSILE MATERIAL " DOES NOT INCLUDE " SOURCE MATERIAL " ;

( H ) " PERSON " MEANS ANY NATURAL OR LEGAL PERSON , ANY ASSOCIATION OF PERSONS WHETHER OR NOT HAVING LEGAL PERSONALITY , ANY BODY GOVERNED BY PUBLIC OR PRIVATE LAW OR ANY GOVERNMENT BODY OR UNDERTAKING , OTHER THAN THE CONTRACTING PARTIES ;

( I ) " IN THE COMMUNITY " MEANS IN THE TERRITORIES TO WHICH THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY ( EURATOM ) APPLIES OR WILL APPLY .

ARTICLE XI

THIS AGREEMENT WILL BE RATIFIED BY THE ARGENTINE REPUBLIC IN ACCORDANCE WITH ITS CONSTITUTIONAL AND LEGAL REQUIREMENTS .

ARTICLE XII

1 . THIS AGREEMENT SHALL ENTER INTO FORCE ON THE DAY ON WHICH EACH OF THE CONTRACTING PARTIES RECEIVES FROM THE OTHER PARTY NOTIFICATION IN WRITING THAT ALL LEGAL AND CONSTITUTIONAL FORMALITIES REQUIRED FOR THE ENTRY INTO FORCE OF SUCH AN AGREEMENT HAVE BEEN COMPLETED . IT SHALL REMAIN IN FORCE FOR 20 YEARS .

2 . EITHER CONTRACTING PARTY MAY TERMINATE THIS AGREEMENT SUBJECT TO SIX MONTHS' NOTICE TO THE OTHER PARTY .

3 . ON THE EXPIRY OF THIS AGREEMENT OR IN THE EVENT OF ITS DENUNCIATION , AGREEMENTS OR CONTRACTS CONCLUDED WITHIN ITS FIELD OF APPLICATION SHALL REMAIN IN FORCE FOR THE FULL PERIODS FOR WHICH THEY WERE CONCLUDED , UNLESS OTHERWISE AGREED BETWEEN THE PARTIES TO THOSE AGREEMENTS OR CONTRACTS .

IN WITNESS WHEREOF , THE UNDERSIGNED REPRESENTATIVES , DULY AUTHORIZED , HAVE SIGNED THIS AGREEMENT .

DONE AT BUENOS AIRES , THIS FOURTH DAY OF SEPTEMBER IN THE YEAR ONE THOUSAND NINE HUNDRED AND SIXTY-TWO , IN TWO COPIES IN THE DUTCH , FRENCH , GERMAN , ITALIAN AND SPANISH LANGUAGES , EACH OF THESE TEXTS BEING EQUALLY AUTHENTIC .

BONIFACIO DEL CARRIL

ENRICO MEDI SASSEN

THIS AGREEMENT ENTERED INTO FORCE ON 6 NOVEMBER 1963 .