COMMISSION OF THE EUROPEAN COMMUNITIES
Brussels, 31.08.2001
COM(2001) 474 final
Proposalfora
COUNCIL DECISION
approving the signingbythe Commission oftwo Cooperation Agreements between the
European Atomic Energy Community (Euratom) and theGovernment ofthe Russian
Federation in the fields ofnuclear safety and controlled nuclearfusion
(presented bythe Commission)
2EXPLANATORY MEMORANDUM
On 17 January 1991 the Council adopted a decision directing the Commission to negotiate
two co-operation agreements, one on nuclear safety, the other on controlled nuclear fusion,
between the European Atomic Energy Community and the Russian Federation based on the
second paragraphof Article 101 ofthe EuratomTreaty.
The negotiations between the Commission and the Russian authorities were completed
without running into any particular difficulties in 1992. The Council approved the signing by
the Commission inDecember 1994.
However, before the formal conclusion of both agreements, the Russian authorities presented
substantial modifications to the initialled text approved by the Council. The reply of the
Commission remained under examination during several years without any reaction from the
Russian side.
The present text, after the necessary modifications has met the consensus of both parties and
has been initialled on 22 June 2001. It complies with the negotiating directives the Council
issued to the Commission.
The Commission calls on the Council to adopt the annexed decision approving the conclusion
ofthe two agreements.
3Proposalfora
COUNCIL DECISION
approving the signingbythe Commission oftwo Cooperation Agreements between the
European Atomic Energy Community (Euratom) and theGovernment ofthe Russian
Federation in the fields ofnuclear safety and controlled nuclearfusion
THE COUNCIL OFTHE EUROPEAN UNION,
Having regard to the Treaty establishing the European Atomic Energy Community, and in
particular the second paragraphof Article 101 thereof,
Having regard to the Agreement on Partnership and Cooperation between the European
Communities and its Member States and the Russian Federation, which entered into force on
1 December 1997, and which aims to establish close cooperation in the nuclear sector inter
alia through the implementation of two agreements on thermonuclear fusion and on nuclear
safety,
Having regard tothe proposalfromthe Commission,
Whereas:
(1) In accordance with the directives the Council adopted in its decision of 17 January
1991, the Commission has negotiated two agreements on nuclear safetyand controlled
nuclear fusion between the European Atomic Energy Community (Euratom) and the
Russian Federation.
( 2 ) Th eC om m i ssi onsh oul db ea u th or i s e dtoc on cl u deth ea g r e em en t.
(3) The Council, acting on a proposal by the Commission, approved the agreement on 22
December 1994. However, subsequent developments made revision and updating
necessary. Therefore, the CouncilDecisionof22 December 1994 should be repealed.
(4) The Council adopted a Decision on 22 December 1998 concerning the Fifth
Framework Programme of the EAEC for research and training activities (1998-2002)
which includes the keyactioncontrolled thermonuclear fusion.
(5) The Council in its Decision of 25 January 1999 adopted a research and training
programme inthe field ofnuclear energy(EURATOM) forthe period 1998-2002,
4HAS DECIDED AS FOLLOWS :
Article 1
The Commission is hereby authorised to conclude two cooperation agreements on nuclear
safety and controlled nuclear fusion between the European Atomic Energy Community and
the Government ofthe RussianFederation.
Article 2
The CouncilDecisionof22 December 1994 is herebyrepealed.
The text ofthetwo agreements is annexed tothis Decision.
Done at Brussels,
For the Council
The President
5ANNEXES
6AGREEMENT FORCOOPERATION
BETWEEN THEEUROPEAN ATOMICENERGY COMMUNITY
AND THE GOVERNMENT OFTHE RUSSIAN FEDERATION
IN THE FIELD OFNUCLEAR SAFETY
7THE EUROPEAN ATOMIC ENERGY COMMUNITY,
hereinafter referred to as"the Community",and
the Government ofthe RUSSIAN FEDERATION,
bothreferred to hereinafter asthe "Party" or "Parties", as appropriate,RECALLING that the Agreement on Partnership and Cooperation between the European
Communities and its Member States, on the one hand, and the Russian Federation, on the other
hand, which entered into force on 1 December 1997, establishes that the Parties shall cooperate
in the nuclear sector inter alia through the implementation of two agreements on thermonuclearfusion and on nuclear safety;
RECALLING that the Commission of the European Communities has responsibilities, inter alia,
for laying down basic standards for radiation protection, and for ensuring their implementation,
and for collecting and monitoring radiationdata at Communitylevel;
RECALLING that protection of the environment and cooperating with third parties is of
importance;
CONSIDERING that the Commission of the European Communities implements Community
researchprogrammes in the field of nuclear safety, including reactor safety, radiation protection,waste management and nuclear plant decommissioning and dismantling, as wellas in the field ofsafeguards for nuclear materials, and intends to develop scientific and technological cooperation
with third countries on these subjects with a view to contributing towards internationally
accepted nuclear safetyprinciples and guidelines;
CONSIDERING that the Russian Federation makes a considerable effort on the implementation
of research and development programmes aimed at improving the safety of existing nuclear
power plants and of those being under design to answer accepted up-to-date nuclear safety
requirements, as well as at solving problems of radioactive waste management and of nuclearplant decommissioning;
RECALLING that the Russian Federation's regulatoryactivity for the nuclear sector is intended
to ensure the protection of the environment and population in general, as well as the protection
ofworkers, against radiationonthe basis of internationallyaccepted guidelines and principles;
RECOGNIZING that the future contribution of nuclear energy to meet the energy needs of
Europe as a whole, withdue consideration for diversification, the economyand the environment,
also depends on developing satisfactory solutions to the safety related issues aforementioned, as
well as on assessing the safety levels of existing nuclear reactors and their necessary upgradingas a consequence;
8TAKING INTO ACCOUNT the various forms of coordinated actions on nuclear safety
undertaken bythe Parties, inparticular, under the TACIS programme;
DETERMINED to strengthen their cooperation and to avail themselves of regular consultations
in the field ofnuclear safety;
HAVE AGREED AS FOLLOWS:
ARTICLE 1
Cooperation under this Agreement shall, on the basis of mutual benefit, contribute to the
improvementofnuclear safety.
ARTICLE 2
Cooperation shall involve the following topics:
(a) Reactor safetyresearch
Review and analysis ofsafetyissues and particularlythe impact ofreactor safetyon nuclear
power development; identification of appropriate techniques to improve reactor safety
through research and development and evaluation studies on nuclear reactors in operationand planned.
(b) Radiationprotection
Research, regulatory aspects, development of safety standards, personnel training and
education, particular attention shall be paid to low-dose effects, industrial exposures andpost-accident management.
(c) Nuclear wastemanagement
Assessment and optimization of geological disposal, and scientific aspects of the
management of long-lived waste.
9(d) Decommissioning, decontaminationand dismantling of nuclear installations
Strategies for decommissioning and dismantling nuclear installations, including
radiologicalaspects.
(e) Researchand development onaccountancyand controlof nuclear material
Development and evaluation of nuclear material measurement techniques and
characterization of reference materials for accountancy and control activities and
improvement ofthe systems ofaccounting for and controlofnuclear materials.
ARTICLE 3
1. Cooperation in the areas specified in Article 2 of this Agreement shall be implemented in
particular through:
−exchange of technical information by means of reports, visits, seminars, technical meetings,
etc.;
−exchange ofpersonnelbetween laboratories and/or bodies, including fortraining purposes;
−exchange ofsamples, materials, instruments and apparatus for experimentalpurposes;
−balanced participation in joint studies and activities.
2. To the extent necessary, implementing arrangements to set out scope, terms and conditions to
implement specific cooperation activities, may be entered into by the Parties and/or by bodieswhich either Party may eventuallyentrust with the aforementioned activities.
Such implementing arrangements may, inter alia, cover financing provisions, assignment of
management responsibilities and detailed provisions on dissemination of information andintellectualpropertyrights.
The Executive Agent for the Russian Party for implementing this Agreement shall be the
Ministryofthe RussianFederation for Atomic Energy.
103. In order to minimize duplication of efforts, the Parties shall coordinate their activities under
this Agreement with other international activities related to nuclear safety in which they are
participants.
ARTICLE 4
1. The activities under this Agreement shall be subject to the availability of appropriated funds
in eachofthe Parties.
2. All costs resulting fromcooperation shall be borne bythe Partythat incurs them.
3. The financing ofindustrialactivities is excluded under this Agreement.
ARTICLE 5
1. This Agreement shall apply, on the one hand, to the territories in which the Treaty
establishing the European Atomic Energy Community is applied and under the conditions laiddowninthis Treatyand, onthe other hand, to theterritoryofthe Russian Federation.
2. Cooperation under this Agreement shall be in accordance with the laws and regulations in
force ineachofthe Parties.
3. Each Party shall use its best endeavours, within the framework of its laws and regulations
applicable, to facilitate the accomplishment of formalities involved in the movement of persons,
the transfer of materials and equipment and the transfer of currency required to conduct the
cooperation.
4. Compensation for damages incurred during the implementation of this Agreement shall be
made inaccordance withthe laws and regulations applicable ineachofthe Parties.
11ARTICLE 6
Treatment of information, industrial property and copyright resulting from the cooperation
activities under this Agreement shall be in accordance with Annexes I, II and III, which form anintegralpartofthisAgreement.
ARTICLE 7
Subject to their respective laws and regulations, the Parties shallendeavour to settle all questions
connected with this Agreement including those related to its application and interpreatationthroughconsultationsbetweenthemselves.
ARTICLE 8
1. A Coordinating Committee consisting of members appointed in equal number by the two
Parties shall be established to supervise the implementation ofthis Agreement.
2. The Coordinating Committee shall meet each year, alternately in the Community and in the
Russian Federation, for regular sessions inorder to:
−review and assess the state of cooperation under this Agreement and prepare annual reports
thereon;
−determine by mutualagreement the specific tasks to be undertakenunder this Agreement.
3. If mutually agreeable, extraordinarysessions of the Coordinating Committee may be held for
dealing withparticular topics, or inparticular circumstances.
12ARTICLE 9
1. This Agreement shall enter into force on the date on which the Parties have notified each
other in writing that their respective internal procedures necessary for its entry into force havebeencompleted. Itshallremainin force for aninitialperiodof10years.
2. Thereafter, this Agreement shall be automatically renewed for five-year periods, unless either
Party, by written notice, requests its termination or renegotiation not later than sixmonths priortothe expirydate.
3. In the event of termination or renegotiation of this Agreement, the provisions thereof shall
remain valid in its previous form with respect to cooperation activities effectively entered into
prior to the request for termination or renegotiation until the end of such activities and relativeimplementing arrangements or for one calendar year after the expiry of this Agreement in itsprevious form, whichever is the earlier.
4. Termination of this Agreement shall not affect rights and obligations of the Parties under
Article6ofthis Agreement.
This Agreement is drawn up in duplicate in the Danish, Dutch, English, Finnish, French,
German, Greek, Italian, Portuguese, Russian, Spanish and Swedish languages, each text beingequallyauthentic.
Done at .......on
For the European Atomic For the Government ofthe
EnergyCommunity RussianFederation
13ANNEX I
GUIDING PRINCIPLESON THE ALLOCATION OFINTELLECTUAL PROPERTY
RIGHTS RESULTING FROMJOINT RESEARCH ACTIVITIES
UNDER THE AGREEMENT FOR COOPERATION
IN THE FIELD OFNUCLEAR SAFETY
I. OWNERSHIP, ALLOCATION AND EXERCISE OFRIGHTS
1. This Annex shall apply to joint research activities under this Agreement except as
otherwise agreed by the Parties. The participants shall jointly develop TechnologyManagement Plans (TMPs) in respect of the ownership and use, including publication,
of information and intellectual property, hereinafter referred to as results of intellectual
activities (RIA), to be created in the course of joint research. The TMPs shall beapproved by the Parties before the conclusion of any specific R&D cooperationcontracts to which they refer. The TMPs shall be developed taking into account the
aims of the joint research, the relative contributions of the participants, peculiarities of
licensing by territory or for a specific fields of use, requirements imposed by lawsapplicable and other factors deemed appropriate by the participants. The rights andobligations concerning the research generated by visiting researchers under this
Agreement inrespect ofRIAshall also be addressed inthe joint TMPs.
2. RIA created in the course of joint research and not addressed in the TMP shall be
allocated, with the approval of the Parties, according to the principles set out in the
TMP. In case of disagreement, such RIA shall be owned jointly by all the participants
involved in the joint research from which the RIA results. Each participant to whomthis provision applies shall have the right to use such RIA for his own commercialexploitationwithno geographicallimitation.
3. Each Party shall ensure that the other Party and its participants shall have the rights to
RIAallocatedto theminaccordance withthese principles.
144. While maintaining the conditions of competition in areas affected by this Agreement
each Party shall endeavour to ensure that rights acquired pursuant to this Agreement
a n da r r a n g e m e n t sm a d eu n d e ri ta r ee x e r c i s e di ns u c haw a ya st oe n c o u r a g ei nparticular:
(i) the dissemination and use of information created, disclosed legally , or otherwise
legally made available, under the Agreement;
(ii) theadoptionand implementationofinternationaltechnicalstandards.
Il. COPYRIGHT WORKS
1. Copyright belonging to the Parties or to their participants shall be accorded treatment
consistent with the Berne Convention for the protection of literary and artistic work (Paris
Act 1971).
2. Without prejudice to Section III of this Annex, unless otherwise agreed in the TMP,
publication of results of research shall be made jointly by the Parties or participants to that
joint research. Subject to the foregoing generalrule, the following procedures shallapply:
(a) In the case of publication by a Party or its other participants, of scientific and technical
journals, articles, reports, books, including video and software, of the results arising fromjoint research pursuant to this Agreement, the other Party or its other participants shall be
entitled to a worldwide, non-exclusive, irrevocable, royalty-free licence to translate,
reproduce, adapt,transmit and publiclydistribute suchworks.
(b) The Parties shall ensure that literary works of a scientific character arising from joint
research pursuant to this Agreement and published by independent publishers shall be
disseminated as widelyas possible.
(c) All copies of a copyright work to be publicly distributed and prepared under the provisions
of this Agreement shall indicate the names or pseudonyms of the author(s) of the workunless an author or authors expressly declines or decline to be named. The copies shall also
bear a clearly visible acknowledgment of the cooperative support of the Parties and/or their
representatives and/or organisations.
15III. UNDISCLOSED INFORMATION
1. Documentaryundisclosed information
(a) Each Party or its participants, as appropriate, shall identify at the earliest possible
moment and preferably in the TMP the information that it wishes to remain
undisclosed in relation to this Agreement, taking account inter alia of the followingcriteria:
−secrecyofthe information in the sense that the information is not, as a body or in
the precise configuration or assemblyof its components, generallyknown among
or readilyaccessible bylawfulmeans to experts inthe field;
−the actual or potential commercial value of the information by virtue of its
secrecyfor the third party;
−previous protection of the information in the sense that it has been subject to
steps that were reasonable under the circumstances by the person lawfully incontrol, to maintain its secrecy.
The Parties and their participants may, in certain cases agree, that, unless otherwise
indicated, partsofor allthe informationprovided, exchanged or created in the course of
joint researchpursuant tothe Agreement shallnot be disclosed.
(b) Each Party shall ensure that undisclosed information under this Agreement and its
ensuing privileged nature is readily recognizable as such by the other Party, for
example by means of an appropriate marking or restrictive legend. This also
appliestoanyreproductionofthesaid information, inwholeorinpart.
A Partyreceiving undisclosed information pursuant to this Agreement shall respect
the privileged naturethereof. These limitations shall automatically terminate when
this information is disclosed bythe owner without restrictionto experts inthe field.
(c) Undisclosed information communicated under this Agreement may be
disseminated bythe receiving Partyto persons within or employed bythe receivingParty, and other concerned departments or agencies in the receiving Party
authorized for the specific purposes of the joint research under way, provided that
any undisclosed information so disseminated shall be pursuant to a specific
16agreement on confidentiality and shall be readily recognizable as such, as set out
above.
(d). With the prior written consent of the Party providing undisclosed information
under this Agreement, the receiving Party may disseminate such undisclosedinformation more widely than otherwise permitted in paragraph (c) above. TheParties shall cooperate in developing procedures for requesting and obtaining prior
written consent for such wider dissemination, and each Party will grant such
approvalto the extent permitted byits domestic policies, regulations and laws.
2. Non-documentary undisclosed information
Non-documentary undisclosed or other confidential or privileged information provided
in seminars and other meetings arranged under this Agreement, or information arisingfrom the attachment of staff, use of facilities, or joint projects, shall be treated by the
Parties or their participants according to the principles specified for documentary
information in this Annex, provided, however, that the recipient of such undisclosed orother confidential or privileged information has been made aware of the confidentialcharacter ofthe informationcommunicated atthe time suchcommunication is made.
173. Control
EachPartyshallendeavour to ensure that undisclosed information received by it under this
Agreement shallbe controlled as provided therein. Ifone ofthe Parties becomes aware thatit will be, or may reasonably be expected to become unable to meet the non-disseminationprovisions of paragraphs 1 and 2 above, it shall immediately inform the other Party. The
Parties shallthereafter consult to define anappropriate courseofaction.
_
18ANNEX II
DEFINITIONS
1. INTELLECTUAL PROPERTY: shall have the meaning found in Article 2 of the
Convention establishing the World Intellectual Property Organization, done at Stockholm
on14 July1967.
2. PARTICIPANT: anynaturalor legalperson, including the Parties themselves, participating
in a project under this Agreement.
3. JOINT RESEARCH: research implemented and/or funded by the joint contributions of the
PartiesandwithcollaborationfromparticipantsofbothParties, whereappropriate.
4. INFORMATION: scientific or technical data, results or methods of research and
development stemming from the JOINT RESEARCH and any other information deemednecessary by the Parties and/or participants engaged in the JOINT RESEARCH to beprovided or exchanged under this Agreement or researchpursuant thereto.
5. RESULTS OFINTELLECTUAL ACTIVITY: informationand/or intellectualproperty
_
19ANNEX III
INDICATIVE FEATURES OFA
TECHNOLOGY MANAGEMENT PLAN (TMP)
The TMP is a specific agreement to be concluded between the participants, about the
implementation of joint research and the respective rights and obligations of the participants.With respect to RIA, the TMP will normally address, inter alia: ownership, protection, user
rights for R&D purposes, exploitation and dissemination, including arrangements for joint
publication, the rights and obligations of visiting researchers and dispute settlement procedures.The TMP mayalso address foreground and background information, licensing and deliverables.
_
20AGREEMENT
FORCOOPERATION BETWEEN
THE EUROPEAN ATOMIC ENERGY COMMUNITY
AND THE GOVERNMENT OFTHE RUSSIAN FEDERATION
IN THE FIELD OFCONTROLLED NUCLEAR FUSION
21THE EUROPEAN ATOMIC ENERGY COMMUNITY,
hereinafter referred to as"TheCommunity",and
the Government ofthe RUSSIAN FEDERATION,bothreferred to hereinafter asthe "Party" or "Parties", as appropriate,
RECALLING that the Agreement on Partnership and Cooperation between the European
Communities and their Member States, on the one hand, and the Russian Federation, on theother hand, which entered into force on 1 December 1997, establishes that the Parties shallcooperate in the nuclear sector inter alia through the implementation of two agreements on
thermonuclear fusionand onnuclear safety;
DESIRING to facilitate the achievement of fusion energy as a potentially environmentally
acceptable, economicallycompetitive, and virtually limitless sourceofenergy;
INTENDING to strengthen the collaboration being carried out worldwide under fusion
programmes, particularly in the framework of the activities connected with the International
Thermonuclear ExperimentalReactor, hereinafter referred to asthe "ITER";
RECOGNIZING the commonalityand complementarityofthe Parties' fusionprogrammes;DETERMINED to strengthen their cooperation in the field of controlled nuclear fusion through
regular consultations,
HAVE AGREED AS FOLLOWS:
ARTICLE 1
The Parties shall maintain and intensify cooperation in the areas covered by their respective
fusion programmes on the basis of equality and mutual benefit in order to develop - particularly
in the framework of activities connected with ITER project implementation - the scientificunderstanding and technologicalcapabilityunderlying a fusionpowersystem.
22ARTICLE 2
Cooperationunder this Agreement may be undertaken inthe following researchareas:
(a) plasma behavior at tokamaks, including the large projects of the present generation and
activities related to those ofthe next generation;
(b) alternative lines to tokamaks;(c) magnetic fusion technology;(d) plasmatheoryand applied plasmaphysics;
(e) development ofprogrammepoliciesandplans;and
(f) other areas as maybe mutuallyagreed bythe Parties.
ARTICLE 3
Cooperation inthe areas referred to inArticle 2 ofthis Agreement may be implemented through:
(a) exchanges ofscientific and technical information;
(b) exchanges ofpersonnel;
(c) joint meetings, conferences and seminars;(d) exchanges of samples, materials, instruments and apparatus for experimental and
evaluationpurposes;
(e) balancedparticipationinjoint studiesandactivities;and
(f) other activities as may be mutuallyagreed bythe Parties.
23ARTICLE 4
1. Within the framework of this Agreement, implementing arrangements on specific
cooperative actions shall be concluded between the Community or any organization associatedwith it within the framework of the Community Fusion Programme designated by the
Community for this purpose, and the Ministry of the Russian Federation for Atomic Energy, or
any organization designated by it for the implementation of specific activities (hereinaftercollectively referred to as "the implementing agencies").
2. The above mentioned arrangements to implement activities listed in Article 3 shall contain:
(a) specific details, procedures and financing provisions for individualcooperative activities;
(b) assignment of the responsibility for the operational management of the concerned activity
to a single organizationor its operating agent;
(c) detailed provisions ondisseminationof informationand treatment of intellectualproperty.
3. Each Party shall coordinate its activities under this Agreement as appropriate, with other
international activities related to research and development in the field of controlled nuclearfusion in which the other Party is a participant, in order to minimize duplication ofeffort.
ARTICLE 5
1. The Parties shall establish a Coordinating Committee to coordinate and to supervise the
execution of this Agreement. Each of the Parties shall appoint an equal number of members to
the Coordinating Committee and nominate one of its appointed members as its Head ofDelegation. The Coordinating Committee shall meet each year, alternately in the Communityand in the Russian Federation unless otherwise agreed upon. The Head of Delegation of the
receivingPartyshallchairthe meeting.
2. The functions ofthe Coordinating Committee shall include:(a) assessing the stateofcooperationunder this Agreement;(b) determining the specific tasksto be undertaken inthe areasreferredto inArticle 2.
243. All decisions of the Coordinating Committee shall be taken by unanimity. For making such
decisions, eachPartyshallhave one voteto be cast byits Head ofDelegation.
4. For periods between meetings of the Coordinating Committee, each Party shall nominate an
Executive Secretary to act on its behalf in all matters concerning cooperation under thisAgreement. The Executive Secretaries shall be responsible for day-to-day management of suchcooperation.
ARTICLE 6
All costs resulting from the cooperation under this Agreement shall be borne by the Party that
incurs them, unless otherwise specificallyagreed in writing.
ARTICLE 7
Treatment of information, industrial property and copyright resulting from with the cooperative
activities under this Agreement shall be inaccordance withthe Annexes I, II and III, which form
anintegralpartofthis Agreement.
ARTICLE 8
Nothing in this Agreement shall be construed to prejudice existing or future arrangements for
cooperationbetweenthe Parties.
25ARTICLE 9
1. The implementation of co-operative activities by the Parties under this Agreement shall be
subject tothe availabilityofappropriated funds.
2. Cooperation under this Agreement shall be in accordance with the laws and regulations
applicable in each ofthe Parties.
3. Each Party shall use its best endeavours, within the framework of its laws and regulations
applicable, to facilitate the accomplishment of formalities involved in the movement of persons,the transfer of materials and equipment and the transfer of currency required to conduct the
cooperation.
4. Compensation for damages incurred during the implementation of this Agreement shall be
made inaccordance withthe laws and regulations applicable ineachofthe Parties.
ARTICLE 10
Subject to their respective laws and regulations, the Parties shallendeavour to settle all questions
connected with this Agreement, including those related to its application and interpretation,
throughconsultationsbetweenthemselves.
ARTICLE 11
1. This Agreement shall enter into force on the date on which the Parties have notified each
other in writing that their respective internal procedures necessary for its entry into force have
beencompleted. Itshallremainin force for aninitialperiodof5years.
262. Thereafter, this Agreement shall be automatically renewed for five-year periods, unless either
Party, bywritten notice, requests its termination or renegotiation not later than 6 months prior to
the expirydate.
3. In the event of termination or renegotiation of this Agreement the provision thereof shall
remain valid in its previous form, with respect to cooperation activities effectively entered intoprior to the request for termination or renegotiation and to implementing arrangements as
envisaged in Article 4 ofthis Agreement, untilthe end ofsuchactivities and arrangements.
4. Termination of this Agreement shall not affect rights and obligations of the Parties under
Article7ofthis Agreement.
ARTICLE 12
This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing
the European Atomic Energy Community is applied and under the conditions laid down in this
Treaty and to the territories of the countries participating in the Community fusion programmeas fullyassociated Third States and, onthe other hand, tothe territoryofthe Russian Federation.
This Agreement is drawn up in duplicate in the Danish, Dutch, English, Finnish, French,
German, Greek, Italian, Portuguese, Russian, Spanish and Swedish languages, each text beingequallyauthentic.
Done at ........ on
For the European Atomic For the Government of
EnergyCommunity the RussianFederation
27ANNEX I
GUIDING PRINCIPLESON THE ALLOCATION OFINTELLECTUAL PROPERTY
RIGHTS RESULTING FROMJOINT RESEARCH ACTIVITIES
UNDER THE AGREEMENT FOR COOPERATION
IN THE FIELD OFCONTROLLED NUCLEAR FUSION
I. OWNERSHIP, ALLOCATION AND EXERCISE OFRIGHTS
1. This Annex shall apply to joint research activities under this Agreement except as
otherwise agreed by the Parties. The participants shall jointly develop TechnologyManagement Plans (TMPs) in respect of the ownership and use, including publication,
of information and intellectual property, hereinafter referred to as results of intellectual
activities (RIA), to be created in the course of joint research. The TMPs shall beapproved by the Parties before the conclusion of any specific R&D cooperationcontracts to which they refer. The TMPs shall be developed taking into account the
aims of the joint research, the relative contributions of the participants, peculiarities of
licensing by territory or for a specific fields of use, requirements imposed by lawsapplicable and other factors deemed appropriate by the participants. The rights andobligations concerning the research generated by visiting researchers under this
Agreement inrespect ofRIAshall also be addressed inthe joint TMPs.
2. RIA created in the course of joint research and not addressed in the TMP shall be
allocated, with the approval of the Parties, according to the principles set out in the
TMP. In case of disagreement, such RIA shall be owned jointly by all the participants
involved in the joint research from which the RIA results. Each participant to whomthis provision applies shall have the right to use such RIA for his own commercialexploitationwithno geographicallimitation.
3. Each Party shall ensure that the other Party and its participants shall have the rights to
RIAallocatedto theminaccordance withthese principles.
284. While maintaining the conditions of competition in areas affected by this Agreement
each Party shall endeavour to ensure that rights acquired pursuant to this Agreement
a n da r r a n g e m e n t sm a d eu n d e ri ta r ee x e r c i s e di ns u c haw a ya st oe n c o u r a g ei nparticular:
(i) the dissemination and use of information created, disclosed legally , or otherwise
legally made available, under the Agreement;
(ii) theadoptionand implementationofinternationaltechnicalstandards.
Il. COPYRIGHT WORKS
1. Copyright belonging to the Parties or to their participants shall be accorded treatment
consistent with the Berne Convention for the protection of literary and artistic work (Paris
Act 1971).
2. Without prejudice to Section III of this Annex, unless otherwise agreed in the TMP,
publication of results of research shall be made jointly by the Parties or participants to that
joint research. Subject to the foregoing generalrule, the following procedures shallapply:
(a)In the case ofpublication bya Partyor its other participants, ofscientific and technical
journals, articles, reports, books, including video and software, of the results arisingfrom joint research pursuant to this Agreement, the other Party or its other participants
shall be entitled to a worldwide, non-exclusive, irrevocable, royalty-free licence to
translate, reproduce, adapt,transmit and publiclydistribute suchworks.
(b)The Parties shall ensure that literary works of a scientific character arising from joint
research pursuant to this Agreement and published by independent publishers shall be
disseminated as widelyas possible.
(c)All copies of a copyright work to be publicly distributed and prepared under the
provisions of this Agreement shall indicate the names or pseudonyms of the author(s)of the work unless an author or authors expressly declines or decline to be named. The
copies shall also bear a clearly visible acknowledgment of the cooperative support of
the Parties and/or their representatives and/or organisations.
29III. UNDISCLOSED INFORMATION
1. Documentaryundisclosed information
(a) Each Party or its participants, as appropriate, shall identify at the earliest possible
moment and preferably in the TMP the information that it wishes to remainundisclosed in relation to this Agreement, taking account inter alia of the followingcriteria:
−secrecyofthe information in the sense that the information is not, as a body or in
the precise configuration or assemblyof its components, generallyknown amongor readilyaccessible bylawfulmeans to experts inthe field;
−the actual or potential commercial value of the information by virtue of its
secrecyfor the third party;
−previous protection of the information in the sense that it has been subject to
steps that were reasonable under the circumstances by the person lawfully incontrol, to maintain its secrecy.
The Parties and their participants may, in certain cases, agree that, unless otherwise
indicated, partsofor allthe informationprovided, exchanged or created in the course ofjoint researchpursuant tothe Agreement shallnot be disclosed.
(b) Each Party shall ensure that undisclosed information under this Agreement and its
ensuing privileged nature is readily recognizable as such by the other Party, for
example by means of an appropriate marking or restrictive legend. This alsoappliestoanyreproductionofthesaid information, inwholeorinpart.
A Partyreceiving undisclosed information pursuant to this Agreement shall respect
the privileged naturethereof. These limitations shall automatically terminate when
this information is disclosed bythe owner without restrictionto experts inthe field.
(c) Undisclosed information communicated under this Agreement may be
disseminated bythe receiving Partyto persons within or employed bythe receiving
Party, and other concerned departments or agencies in the receiving Party
authorized for the specific purposes of the joint research under way, provided that
30any undisclosed information so disseminated shall be pursuant to a specific
agreement on confidentiality and shall be readily recognizable as such, as set out
above.
(d) With the prior written consent of the Party providing undisclosed information
under this Agreement, the receiving Party may disseminate such undisclosed
information more widely than otherwise permitted in paragraph (c) above. The
Parties shall cooperate in developing procedures for requesting and obtaining priorwritten consent for such wider dissemination, and each Party will grant suchapprovalto the extent permitted byits domestic policies, regulations and laws.
2. Non-documentary undisclosed information
Non-documentary undisclosed or other confidential or privileged information provided
in seminars and other meetings arranged under this Agreement, or information arising
from the attachment of staff, use of facilities, or joint projects, shall be treated by theParties or their participants according to the principles specified for documentaryinformation in this Annex, provided, however, that the recipient of such undisclosed or
other confidential or privileged information has been made aware of the confidential
character ofthe informationcommunicated atthe time suchcommunication is made.
3. Control
EachPartyshallendeavour to ensure that undisclosed information received by it under this
Agreement shallbe controlled as provided therein. Ifone ofthe Parties becomes aware thatit will be, or may reasonably be expected to become unable to meet the non-dissemination
provisions of paragraphs 1 and 2 above, it shall immediately inform the other Party. The
Parties shallthereafter consult to define anappropriate courseofaction.
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31ANNEX II
DEFINITIONS
1. INTELLECTUAL PROPERTY: shall have the meaning found in Article 2 of the
Convention establishing the World Intellectual Property Organization, done at Stockholm
on14 July1967.
2. PARTICIPANT: anynaturalor legalperson, including the Parties themselves, participating
in a project under this Agreement.
3. JOINT RESEARCH: research implemented and/or funded by the joint contributions of the
PartiesandwithcollaborationfromparticipantsofbothParties, whereappropriate.
4. INFORMATION: scientific or technical data, results or methods of research and
development stemming from the JOINT RESEARCH and any other information deemednecessary by the Parties and/or participants engaged in the JOINT RESEARCH to beprovided or exchanged under this Agreement or researchpursuant thereto.
5. RESULTS OFINTELLECTUAL ACTIVITY: informationand/or intellectualproperty
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32ANNEX III
INDICATIVE FEATURES OFA
TECHNOLOGY MANAGEMENT PLAN (TMP)
The TMP is a specific agreement to be concluded between the participants, about the
implementation of joint research and the respective rights and obligations of the participants.
With respect to RIA, the TMP will normally address, inter alia: ownership, protection, user
rights for R&D purposes, exploitation and dissemination, including arrangements for jointpublication, the rights and obligations of visiting researchers and dispute settlement procedures.The TMP mayalso address foreground and background information, licensing and deliverables.
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