ARCHIVES HISTORIQUES 
DE LA COMMISSION 
 
 
 
COLLECTION RELIEE DES 
DOCUMENTS "COM" 
 
 
 
 
COM (85) 598 
 
 
 
Vol. 1985/0 216 
  
 
Disclaimer  
Conformém ent au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 
concernant l'ouverture au public des archives historiques de la Communauté économique 
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, 
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003 
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents 
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit 
règlem ent. 
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 
concerning the opening to the public of the historical archives of the European Economic 
Community and the European Atomic Energy Communit y (OJ L 43, 15.2.1983, p. 1), as 
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243, 
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this 
file have been declassified in conformity with Article 5 of the aforementioned regulation. 
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom  1. 
Februar 1983 über die Freigabe der historischen Archive der Europäischen 
Wirtschaftsgemeinschaft und der Europäischen Atomgem einschaft (ABI. L 43 vom  15.2.1983, 
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. Septem ber 2003 
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit 
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5 
der genannten Verordnung freigegeben. 
COMMISSION OF THE EUROPEAN COMMUNITIES
Concerning an R & D  cooperation agreement in th e f ie l d  of ra d io a c tiv e  waste 
management with the Swedish Nuclear Fuel and Waste Management Company 
- SK B  -  (Sweden), to  be concluded by the Commission in pursuance 
of th e th ir d  paragraph of A rtic le  101 of the T reaty e s ta b lis h in g  
the European Atomic Energy CommunityC O M (85) 598 f in a l
B ru ssels, 6 November 1985
C O M M U N IC A TIO N  F R O M  TH E COM M ISSION TO  T H E  COUNCIL
C0M(85) 598 fin a l

COMMUNICATION TO THE COUNCIL
Concerning an R&D cooperation agreement in the field of radioactive  
waste management with the Swedish Nuclear Fuel and Waste Management  
Company - SKB - (Sweden), to be concluded by the Comission in pursu­
ance of the third paragraph of Article 101 of the Treaty establishing  
the European Atomic Energy Community.
1. The European Atomic Energy Community and the Swedish company SKB  
both have scientific R&D programmes in the field of radioactive  
waste management. It was considered of nutual benefit to cooperate  
in certain areas common to both programmes :
- the characterization of waste forms;
- the disposal of high-level waste in crytallime geological forma­
tions ;
- other research topics in the field of radioactive waste manage­
ment, to be agreed on in writing by the parties concerned.
2. The Management and Coordination Advisory Committee (CGC) has  
delivered a favourable opinion on the principle of such cooperation  
with SKB. This cooperation is also in line with the implementation  
of the framework agreement on scientific and technical cooperation  
between the European Economic Community, the European Atomic Energy  
Community and the Kingdom of Sweden.
3. The Commission informs the Council of its intention of concluding  
with SKB the attached cooperation agreement on radioactive waste  
management, in accordance with the procedure laid down in the third  
paragraph of Article 101 of the Treaty establishing the European  
Atomic Energy Community, a procedure that has already been applied  
in the conclusion of similar agreements with other bodies in  
non-member countries (Canada, United States, Switzerland).

R AND D COOPERATION AGREEMENT IN  
THE FIELD OF RADIOACTIVE WASTE MANAGEMENT
BETWEEN
SWEDISH NUCLEAR FUEL AND  
WASTE MANAGEMENT COMPANY, SKB
AND
THE EUROPEAN ATOMIC ENERGY COMMUNITY

2
THE SWEDISH NUCLEAR FUEL AND WASTE MANAGEMENT COMPANY, SKB
OF THE FIRST PART
AND
THE EUROPEAN ATOMIC ENERGY COMMUNITY (EURATOM)
acting through and represented by the Commission of the European Communities
OF THE SECOND PART
hereinafter referred to as "the Parties",
HAVING REGARD to the framework agreement on scientific and technical  
cooperation between the European Economic Community, the European Atomic  
Energy Community and the Kingdom of Sweden of ...»
WHEREAS SKB and EURATOM recognize that they have a mutual interest in  
cooperation in the field of nuclear waste management,
AND WHEREAS as a result of this recognition, SKB and EURATOM wish to  
initiate a programme of cooperation in the field of nuclear waste management  
research,
have agreed as follows

3
ARTICLE I - DEFINITION
1.1. In this Agreement,
(a) "Information" means scientific or technical data, results or  
methods of research and development, and any other information  
intended to be provided or exchanged under this Agreement;
(b) "Joint Research Centre" means the Joint Research Centre of the  
Commission of the European Communities;
(c) "Member State" means a state that is a member of the European  
Atomic Energy Community;
(d) "Proprietary information" means information which contains trade  
secrets or other privileged or confidential commercial informa­
tion, and shall only include information which
(i) has been held in confidence by the Party owning the same;
(ii) is of a type which is customarily held in confidence by the  
Party owning the same;
(iii) has not been transmitted by the Party owning the same to  
any other entity except on the basis that it be held in  
confidence; m:
(iv) is not otherwise available from any other source without  
restriction on its further dissemination.
(e) "Invention" means any new and useful art, process, machine,  
manufacture or composition of matter, or any new and useful  
improvement in any art, process, machine, manufacture or compo­
sition of matter.
1.2. The annex which is attached herewith forms an integral part of this  
Agreement.
1.3. Words in the singular include the plural and words in the plural  
include the singular.
ARTICLE II - OBJECTIVES
2.1. SKB and EURATOM shall, in accordance with the terms of this Agree­
ment, engage in specific cooperative arrangements, the objectives of  
which are to establish for the mutual benefit of the Parties, a  
reasonably balanced exchange of information on research in the field  
of radioactive waste management.
2.2. The programme of cooperation covered by this Agreement Includes (see  
annex):
A. Characterization of waste forms

4
B. High level waste disposal in crystalline geological formations
Other areas of research in the field of radioactive waste management  
may be added by the Parties by mutual agreement in writing.
ARTICLE III - FORM OF COOPERATION
3.1. The programme of cooperation referred to in Article II shall be  
carried out by one or more of the following means !
(a) the exchange of non-published technical information in the form  
of reports, experimental data, computer codes and correspondence  
any of which may be designated by the transmitting Party "not  
for publication" (or substantially similar legend);
(b) exchange of samples, materials, instruments and components for  
testing, as agreed in writing by the Parties;
(c) oral discussions related to the exchange of information referred  
to in paragraph (a);
(d) meetings organized for the purpose of discussing specific and  
agreed topics, such meetings normally to be held alternatively  
in Sweden and in the Community;
(e) short visits by specialist teams or individuals representing one  
Party to the facilities of the other Party;
(f) temporary assignment of personnel of one Party to the laborato­
ries or facilities of the other Party for research on specifi­
cally defined topics, each such assignment to be considered on a  
case-by-case basis and to be the subject of a separate attach­
ment of staff agreement between the Parties ;  and
(g) the coordination of research and development activities with  
respect to specific topics in order to avoid unnecessary dupli­
cation.
3.2. All visits and assignments to the laboratories or facilities of a  
research institute of a Member State shall require the prior written  
consent of such institute.
ARTICLE IV - SCOPE OF INFORMATION EXCHANGE
4.1. SKB agrees to provide EURATOM with information relating to radioac­
tive waste management subject to the following conditions :
(a) the information relates to one or more of the technical areas  
listed in the annex attached herewith;
(b) SKB is performing radioactive waste management research in the  
area to which the information relates;

5
(c) SKB has the information in its possession or has access thereto;  
and
(d) SKB has the right to disclose the information.
4.2. EURATOM agrees to provide to SKB information relating to radioactive  
waste management subject to the following conditions :
(a) the information relates to one or more of the technical areas  
listed in the annex attached herewith;
(b) EURATOM is performing radioactive waste management research in  
the area to which the information relates;
(c) EURATOM has the information in its possession or has access  
thereto; and
(d) EURATOM has the right to disclose the information.
(e) the information has arisen as a result of research activities  
defined under Article II and carried out on EURATOM behalf by  
the Joint Research Centre, or pursuant to a contract entered by  
EURATOM with a research institute in a Member State or both;
4.3. Each Party will promptly call to the attention of the other Party,  
and transmit to it any research results arising from this Agreement  
appearing to have significant implications for radioactive waste  
management.
ARTICLE V - ADMINISTRATION OF THE AGREEMENT
5.1. Each Party will designate as Administrator a highly qualified repre­
sentative to coordinate its participation in the programme of coope­
ration. A Review Meeting of the Administrators or their designated  
representatives will be held once a year alternately in Sweden and in  
the Community to review the scope and status of the cooperation  
established under this Agreement and to recommend methods of impro­
ving or further developing the cooperation. The time, place and  
agenda for such meetings shall be agreed upon in advance by the  
Administrators.
ARTICLE VI - COSTS
6.1. Each Party shall bear its own costs in implementing the programme of  
cooperation established by this Agreement, it being understood that  
each Party’s obligations are subject to the availability of the  
required funds. In the event that such funds are not available to  
one Party, the other Party shall be notified immediately and the  
Agreement shall forthwith terminate upon receipt of such notice  
unless otherwise agreed to by the Parties in writing.

6
ARTICLE VII - EXCHANGE AND USE OF INFORMATION
7.1. The Parties support the widest possible dissemination of information  
provided or exchanged under this Agreement, subject to the need to  
respect contractual commitments, to protect proprietary information,  
and to the provisions of article VIII.
7.2. A Party receiving proprietary information pursuant to this Agreement  
shall^ respect the privileged nature thereof. Any document which  
contains proprietary information shall be clearly marked with the  
following (or substantially similar) restrictive legend :
"This document contains proprietary information furnish­
ed in confidence under an Agreement dated .............
be
tween the Swedish Nuclear Fuel and Waste Management  
Company and the European Atomic Energy Community and  
shall not be disseminated outside these organizations,  
their contractors, licensees and the concerned depart­
ments and agencies of the Swedish Government, of the  
European Atomic Energy Community (EURATOM) and of the  
Governments of the Member States of Euratom without the  
prior approval of the Administrator of the transmitting  
Party. This notice shall be marked on any reproduction  
hereof, in whole or in part. These limitations shall  
automatically terminate when this information is disclo­
sed by the owner without restriction."
7.3. Proprietary information received in confidence under this Agreement  
may be disseminated by the receiving Party to :
(a) persons within the receiving Party and concerned Government  
departments and Government agencies of the receiving Party or of  
the country of the receiving Party.
(b) prime or subcontractors of the receiving Party located within  
the geographical limits of the receiving Party's country, for  
use only within the framework of their contracts with the  
receiving Party in work relating to the subject matter of the  
proprietary information;
provided that any proprietary information so disseminated shall be  
pursuant to an agreement of confidentiality and shall be marked with  
a restrictive legend substantially identical to that appearing in  
sub-paragraph 7.2.
7.4. With the prior written consent of the Party providing proprietary  
information under this Agreement, the receiving Party may disseminate  
such proprietary information more widely than otherwise permitted in  
the foregoing sub-paragraph 7.3. The Parties shall cooperate with  
each other in developing procedures for requesting and obtaining  
prior written consent for such wider dissemination, and each Party  
will grant such approval to the extent permitted by its own policies,  
regulations and laws.
7.5. Each Party shall exercise its best efforts to ensure that proprietary  
information received by it under this Agreement is protected as  
provided herein. If at any time it becomes apparent that one of the  
Parties will be unable to comply with the provisions of this Article,

7
that Party shall Immediately inform the other Party and thereafter  
the Parties shall consult to define an appropriate course of action.
7.6. Non-documentary proprietary information provided in seminars and  
other meetings organized under this Agreement, and information  
arising from the attachments of staff shall be treated by the Parties  
in accordance with the provisions of this Article, provided that the  
Party communicating such proprietary information clearly notifies the  
other Party of the privileged character of such information.
7.7. Nothing contained in this Agreement shall preclude the use or disse­
mination of information received by a Party from a source that is not  
a party to this Agreement.
7.8. Information provided by one Party to the other under this Agreement  
shall be accurate to the best knowledge and belief of the Party  
providing it, but neither Party shall be deemed to warrant the  
accuracy of such information nor shall either Party be held liable  
for the consequences of any use to which such information may be put  
by the other Party or by any third party.
ARTICLE VIII - PATENTS
.1. The proprietary rights of the Parties with respect to all inventions  
conceived, developed or first actually reduced to practice in carry­
ing out the programme of cooperation under this Agreement shall be  
determined as follows :
(a) if the invention is conceived, developed or first actually  
reduced to practice by an officer,  employee or agent of or a  
contractor to one Party (hereinafter referred to as the "Assi­
gning Party") while such person is assigned to the other Party  
(hereinafter referred to as the "Recipient Party") or to a  
contractor to the Recipient Party,
(i) the Recipient Party shall, as against the Assigning Party,  
acquire all right, title and interest in and to any such  
invention in its own country or Member States, as the case  
may be, and in any country not party to this Agreement, on  
condition that where the Recipient Party files a patent  
application or obtains patent protection for such inven­
tion, either in its own country or Member States, as the  
case may be, or in any country not party to this Agreement,
shall grant to the Assigning Party a non—exclusive,  
irrevocable, royalty-free unconditional license to make,  
have made and use and to sell or otherwise dispose of any  
article or thing embodying or using any such invention and  
a similar license to practice or cause to be practiced any  
such method or process, together with the right to grant  
sub—licenses,  so as to grant to the Assigning Party only  
those rights as are necessary to enable the Assigning Party  
to employ the invention;
(ii) the Assigning Party shall, as against the Recipient Party, 
acquire all right, title and interest in and to any such  
invention in its own country or Member States, as the case

8
may be, on condition that where the Assigning Party files a  
patent application for such invention either in its own  
country or Member States, as the case may be, it shall  
grant to the Recipient Party a non-exclusive, irrevocable,  
royalty-free unconditional license to make, have made and  
use and to sell or otherwise dispose of any article or  
thing embodying or using any such invention and a similar  
license to practice or cause to be practiced any such  
method or process, together with the right to grant sub­
licenses, so as to grant to the Recipient party only those  
rights as are necessary to enable the Recipient Party to  
employ the invention.
(b) If the invention is conceived, developed or first actually  
reduced to practice by a person, other than a person referred to  
in paragraph (a),  as a result of using information which has  
been communicated under this Agreement by one Party or its  
contractors by any means whatsoever to the other Party or its  
contractors, the Party by whom such person is employed or for  
whom such person acts as agent or representative shall acquire  
all right, title, and interest in and to any such invention on  
condition that where such Party files a patent application or  
obtains patent protection for such invention in any country, it  
shall grant to the other Party a non-exclusive, irrevocable,  
royalty-free unconditional license to make, have made and use  
and to sell or otherwise dispose of any article or thing embody­
ing or using any such invention and a similar license to practi­
ce or cause to be practiced any such method or process, together  
with the right to grant sub-licenses, so as to grant to the  
other only those rights as are necessary to enable employment of  
the invention.
8.2. It is mutually understood and agreed that the Party in which the  
ownership of an invention vests by virtue of 8.1. (a) or (b) hereof  
shall notify the other Party of its intention :
(a) not to seek patent protection in respect of any such invention  
in its own country or Member States, or in any country not party  
to this agreement; or,
(b) to seek limited patent protection only in its own country or  
Member States;
and, if requested to do so, by the other Party, shall assign, in  
whole or in party, as applicable, the right, title and interest in  
and to such invention to the Party for the purpose of seeking patent  
protection in its own country and elsewhere. The notice required  
herein shall be in writing not more than 90 days after the decision  
is made not to seek patent protection, or 180 days before any antici­
pated publication regarding the invention is made, whichever period  
is the lesser.
8.3. Neither Party shall discriminate against citizens of the country or  
Member States of the other Party with respect to granting any license  
or sub—license described in clause 8.1.

9
ARTICLE IX - TERMINATION
9.1. Either Party may terminate this Agreement for any reason by notifying  
the other Party in writing of its intention to do so at least six (6)  
months prior to the intended date of termination.
ARTICLE X - EFFECTIVE DATE
10.1. This Agreement shall enter into force upon signature and, subject to  
sub-clause 9.1., shall remain in force for a period of five (5) years  
from the first day of the month next following such effective date.
ARTICLE XI - TERRITORIAL CLAUSE
11.1. 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 laid down in that Treaty and, on the  
other hand, to the territory of Sweden.
Done at ..................... . this .... day of
SW
EDISH NUCLEAR FUEL AND  
WASTE MANAGEMENT COMPANYEUROPEAN ATOMIC ENERGY COMMUNITY  
REPRESENTED BY THE COMMISSION OF  
THE EUROPEAN COMMUNITIES

10
ANNEX
R and D cooperation in the field of radioactive waste management
between SKB and EURATOM
Scientific areas of cooperation
A. Waste characterization
— Characterization of low, medium and high level waste including  
the evaluation of the behaviour of fuel.
High level Waste disposal in crystalline geological formations
_ ion^of_in-situ of_crystalline_geological formations
(Deep borehole test methodology, analysis of experimental data from  
single well test, characterization of fracture systems, application  
of geophysical test methods).
“ Characterization and modelling of_the geological_formations
(Hydrogeology in fractured crystalline rocks, rock mechanics and  
evolution of geological systems.)
- Migration of radionuclides in crystalline rocks
(Modelling of physical and chemical processes in the near field  
environment of emplaced waste, natural analogues, measurement of  
nuclide diffusion and sorption, radionuclide transport in the  
geosphere and biosphere.)
- Engineered^barriers
(Development of engineered barriers and evaluation of their beha­
viour in disposal systems in particular containers, backfilling and  
sealing materials and techniques.)
- Underground laboratories
(Project, construction and tests of underground laboratories.)
- Regository_design
(Strategies for allocation of waste to appropriate repository  
types, design and construction methods for repositories in crystal­
line media.)
- Risk assessment