EN Official Journal of the European Communities L 346/65

AGREEMENT

between Canada and the European Atomic Energy Community for cooperation in the area of nuclear research

THE GOVERNMENT OF CANADA,

of the one part, hereinafter referred to as ‘Canada’, and

THE EUROPEAN ATOMIC ENERGY COMMUNITY,

hereinafter referred to as ‘the Community’, of the other part,

hereinafter referred to as ‘the Parties’,

Considering the importance of science and technology for their economic and social development;

Recognising that Canada and the Community are pursuing research and technological programmes of common interest in a number of areas of nuclear research and that mutual benefits may be derived if the Parties facilitate further cooperation;

Recognising that the Agreement on scientific and technological cooperation between Canada and the European Community entered into force on 26 February 1996;

Noting that there has been active cooperation and information exchange in a number of scientific or technological areas under the Canada-European Communities framework Agreement for commercial and economic cooperation signed in 1976;

Noting that there has also been active cooperation and information exchange in the area of the peaceful uses of nuclear energy under the Agreement between the Government of Canada and Euratom for cooperation in the peaceful uses of atomic energy signed in 1959, as amended, hereinafter referred to as the ‘Canada/Euratom Agreement of 1959’;

Reaffirming their commitment to mutual cooperation in nuclear research and development as provided for in the Canada/Euratom Agreement of 1959;

Having regard to the Declaration on European Community-Canada relations adopted on November 22, 1990 as well as the Joint Political Declaration on Canada-EU relations and Joint Canada-EU action plan of 17 December 1996;

Recalling that Canada and the Member States of the Community are parties to the Treaty on the Non-proliferation of Nuclear Weapons and members of the International Atomic Energy Agency;

Desiring to strengthen cooperation in the peaceful, non-explosive, non-military uses of nuclear research and encourage the application of the results of such cooperation to their economic and social benefit,

HAVE AGREED AS FOLLOWS:

Article 1

Purpose

The purpose of this Agreement is to encourage and facilitate cooperation, in fields of common interest in the peaceful, non-explosive, non-military uses of nuclear energy where the Parties are supporting research and development activities to advance science and/or technology relevant to those fields of interest.

Article 2

Definitions

For the purposes of this Agreement:

(a) ‘cooperative activity’ means any activity carried on under this Agreement, and includes joint research;

(b) ‘information’ means scientific or technical data, results or methods of research and development stemming from the joint research, and any other information deemed necessary by the participants engaged in cooperative activity, including, where necessary, the Parties themselves;

(c) ‘intellectual property’ shall have the meaning defined in Article 2 of the Convention establishing the World Intellectual Property organisation, done at Stockholm, 14 July 1967;

(d) ‘joint research’ means research that is financially supported by either or both Parties and that involves collaboration by participants from both Canada and the Community. All research carried out pursuant to this Agreement shall be joint research;

(e) ‘participant’ means any person, legal entity, university, research institute or any other body and undertaking participating in a cooperative activity, including the Parties themselves.

Article 3

Principles

Cooperation shall be conducted subject to applicable laws and regulations and on the basis of the following principles:

(a) mutual benefit;

(b) reciprocal opportunities for access to each other's programmes and activities relevant to the purpose of this Agreement;

(c) non-discrimination;

(d) timely exchange of information which may affect the actions of participants in cooperative activities;

(e) effective protection of intellectual property and equitable sharing of intellectual property rights;

(f) balanced realisation of economic and social benefits by Canada and the Community in view of the contributions made to cooperative activities by the respective participants and/or Parties.

Article 4

Areas of cooperation

Cooperation may be pursued in the following areas of research and development:

1. nuclear safeguards;

2. radioactive waste management, including disposal;

3. decommissioning of nuclear facilities;

4. radiation protection;

5. nuclear reactor safety;

6. controlled nuclear fusion.

Article 5

Modalities of cooperation

(a) Cooperation may include but is not limited to the following activities: 1. participation of persons and legal entities, including the Parties themselves, universities, research institutions, and other bodies or undertakings, in each other's research projects or in agreed multilateral projects, in accordance with the rules governing such projects, subject to the consent if required, of the third parties involved; 2. specific bilateral cooperative research projects established by the Parties themselves, possibly on the basis of an implementing arrangement; 3. shared use of research facilities; 4. exchange and provision of information and data; 5. exchange of reference materials, samples, fuels, equipment and instrumentation; 6. visits and exchanges of scientists, engineers or other appropriate personnel for the purposes of participating in meetings, seminars, symposia, workshops and other research activities relevant to cooperation under this Agreement; 7. exchange of information on practices, laws, regulations and programmes relevant to cooperation under the Agreement; 8. such other activities as may be mutually determined by the Joint Science and Technology Cooperation Committee in accordance with the applicable policies and programmes of the Parties.

(b) Except as otherwise agreed by the Parties, joint research projects shall proceed under this Agreement only after the participants in a project have concluded a joint technology management plan, as indicated in the Annex to this Agreement.

Article 6

Joint Science and Technology Cooperation Committee (JSTCC)

(a) This Agreement shall be administered by the Joint Science and Technology Cooperation Committee composed of representatives of each Party.

(b) The functions of the JSTCC shall be to: 1. promote and review the activities envisaged under the Agreement; 2. authorise activities falling under Article 5(a)(8) as being cooperation to which this Agreement applies; 3. advise the Parties on ways to enhance cooperation consistent with the principles set out in this Agreement; 4. provide a report annually to the Parties on the level, status and effectiveness of cooperation undertaken under this Agreement; 5. review the efficient and effective functioning of the Agreement, and address any disputes between the Parties concerning the interpretation of this Agreement; 6. maintain a list of contact persons for a given area of research.

(c) The JSTCC shall meet approximately once a year, meetings being held alternatively in Canada and the Community. Other meetings may be held as mutually agreed.

(d) Decisions of the JSTCC shall be reached by consensus. Minutes, comprising a record of the decisions and principal points discussed, shall be taken at each meeting. These minutes shall be agreed by those persons selected from each side to jointly chair the meetings. The JSTCC annual report shall be made available to the Joint Cooperation Committee established under the 1976 EC-Canada framework Agreement for commercial and economic cooperation and appropriate authorities of each party.

Article 7

Funding

(a) Cooperative activities shall be subject to the availability of funds and to the applicable laws and regulations, policies and programmes of Canada and the Community.

(b) Costs incurred by participants in cooperative activities subject to this Agreement shall not require any transfer of funds from one Party to the other.

Article 8

Entry of personnel and equipment

Each Party shall take all reasonable steps and use its best efforts, within applicable laws and regulations, to facilitate entry to and exit from its territory of personnel, material and equipment of the participant(s) engaged in or used in cooperative activities under this Agreement.

Article 9

Dissemination and utilisation of information

The dissemination and utilisation of information, and the management, allocation and exercise of intellectual property rights, resulting from joint research under this Agreement, shall be subject to laws and regulations applicable on each side and to the principles set out in the Annex, which forms an integral part of this Agreement.

Article 10

Other Agreements and transitional provisions

(a) This Agreement shall supersede and replace those provisions of the Canada-European Communities framework agreement for commercial and economic cooperation governing existing science and technology collaboration.

(b) This Agreement shall complement the provisions of the Canada/Euratom Agreement of 1959.

(c) Subject to paragraph 10(a), this Agreement is without prejudice to other existing Agreements or arrangements between the Parties or any Agreement or arrangement between the Parties and third parties.

(d) The activities covered by existing sectoral cooperation agreements and memoranda of understanding between the Parties shall continue to fall under the scope of these agreements or memoranda.

(e) On termination of existing sectoral cooperation agreements and memoranda of understanding between the Parties, as provided for in these agreements and memoranda, the Parties wil review the situation with a view to including the activities covered by such agreements and memoranda within this Agreement.

Article 11

Territorial application

This Agreement shall apply, on the one hand, to the territory of Canada, and, on the other hand, to the territories in which the Treaty establishing the European Atomic Energy Community is applied and under the conditions laid down in that Treaty.

Article 12

Entry into force and termination

(a) This Agreement shall enter into force on the date on which the Parties have notified each other in writing that their legal requirements for entry into force of this Agreement have been fulfilled.

(b) This Agreement may be amended by agreement of the Parties. Amendments shall enter into force on the date on which the Parties have notified each other in writing that their legal requirements have been fulfilled.

(c) This Agreement may be terminated at any time by either Party on 12 months' written notice. The expiration or termination of the Agreement shall not affect the validity or duration of any arrangements made under it, or any specific rights and obligations that have accrued in compliance with the Annex.

Article 13

This Agreement is drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish and Swedish languages, each of those texts being equally authentic.

In witness whereof the undersigned have signed this Agreement. Done at Ottawa, 17 December 1998. For the Government of Canada For the European Atomic Energy Community