ARCHIVES HISTORIQUES 
DE LA COMMISSION 
 
 
 
COLLECTION RELIEE DES 
DOCUMENTS "COM" 
 
 
 
 
COM (83) 717 
 
 
 
Vol. 1983/0 258 
  
 
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 O F  TH E  EUROPEAN COMMUNITIES
C0MÎ83) 717 f i n a l  
B ru s s e ls , 5 December 1983
COMMUNICATION FROM THE COMMISSION TO THE COUNCIL
c o n c e rn in g  a R  and D  c o o p e ra tio n  agreem ent in  th e  f i e l d  o f r a d io a c tiv e  waste 
management w ith  th e  N a tio n a l C o o p e ra tiv e  f o r  th e  S torage o f 
R a d io a c tiv e  Waste -  NAGRA -  ( S w itz e r la n d ) , t o  be concluded 
by th e  Commission in  pursuance o f th e  t h i r d  paragrap h o f 
A r t i c l e  101 o f th e  T re a ty  e s ta b lis h in g  th e  
European Atom ic Energy Community
C0MC83) 717 f i n a l

COMMUNICATION TO THE COUNCIL
Concerning a R and D cooperation agreement in the field of radioactive  
waste management with the National Cooperative for the Storage of  
Radioactive Waste - NAGRA - (Switzerland),  to be concluded by the  
Commission in pursuance of the third paragraph of Article 101 of Che  
Treaty establishing the European Atomic Energy Community
1. The European Atomic Energy Community and the Swiss Company NAGRA are  
both implementing scientific R&D programmes in the field of radio­
active waste management. It was considered of mutual benefit to  
cooperate in certain areas common to both programmes:
- the characterization and monitoring of waste,
- the disposal of waste In crystalline geological formations,
- other research topics in the field of radioactive waste  
management, to be agreed on in writing by the parties  
concerned.
2. The Advisory Committee on Programme Management (ACPM) responsible has  
delivered a favourable opinion on the principle of such cooperation  
with NAGRA.
3. The Commission informs the Council of its intention of concluding  
with NAGRA, in accordance with the procedure laid down in the third  
paragraph of Article 101 of the Treaty establishing the European  
Atomic Energy Community,  the attached cooperation agreement on  
radioactive waste management.

R AND D COOPERATION AGREEMENT IN  
THE FIELD OF RADIOACTIVE WASTE MANAGEMENT
BETWEEN
THE NATIONAL COOPERATIVE FOR THE STORAGE  
OF RADIOACTIVE WASTE  
(SWITZERLAND)
A N D
THE EUROPEAN ATOMIC ENERGY COMMUNITY

THE NATIONAL COOPERATIVE FOR THE STORAGE OF RADIOACTIVE WASTE (NAGRA),  
SWITZERLAND
OF THE FIRST PART
A N D
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",
WHEREAS NAGRA and EURATOM recognize that they have a mutual interest in  
cooperation in the field of nuclear waste management information,
AND WHEREAS as a result of this recognition, NAGRA and EURATOM wish to  
initiate a programme of cooperation in the field of nuclear waste management  
research,
have agreed as follows :
2

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; ctr
(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 composi­
tion 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.
A R T ! C L E  1  l -  OB J E C T ! V I'S
2.1. NAGRA 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. Waste characterization and monitoring.
3

B. 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  
Switzerland and 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  
laboratories or facilities of the other Party for research on  
specifically defined topics, each such assignment to be  
considered on a case—by—case basis and to be the subject of a  
separate attachment 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 duplica­
tion.
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.
ART T  CLE IV - SCOPE OF INFORMATION EXCHANGE
4.1. NAGRA 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) NAGRA is performing radioactive waste management research in the  
area to which the information relates;
4

(c) NACRA has the information in its possession or has access thereto;  
and
(d) NAGRA has the right to disclose the information.
4.2. EURATOM agrees to provide to NAGRA 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 of 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 coopera­
tion. A Review Meeting of the Administrators or their designated  
representatives will be held once a year alternately in Switzerland  
and in the Community to review the scope and status of the cooperation  
established under this Agreement and to recommend methods of improving  
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.
5

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 ........
betwee
n the National Cooperative for the Storage of  
Radioactive Waste and the European Atomic Energy Commu­
nity and shall not be disseminated outside these organ­
izations, their contractors, licensees and the concerned  
departments and agencies of the Swiss Federal Council,  
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 transmit­
ting Party. This notice shall be marked on any repro­
duction hereof, in whole or in part. These limitations  
shall automatically terminate when this information is  
disclosed 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 other concerned Govern­
ment departments and Government agencies 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 :uch 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 oi this Article,
6

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 communi­
cating 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 dissemi­
nation 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 VJII - PATENTS
8.1. The proprietary rights of the Parties with respect to all inventions  
conceived, developed or first actually reduced to practice in carrying  
out the programme of cooperation under this Agreement shall be deter­
mined 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 "Assigning  
Party") while such person is assigned to the other Party (herein­
after 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,  
it 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
7

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 protec­
tion for such invention in any country, it shall grant to the  
other party a non-exclusive, irrevocable, royalty-free uncondi­
tional license to make, have made and use and to sell or other­
wise 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 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 protec­
tion 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 anticipated  
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.
8

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 Switzerland.
Done at ......................  this ........  day of
NATIO
NAL COOPERATIVE FOR THE EUROPEAN ATOMIC ENERGY COMMUNITY
STORACE OF RADIOACTIVE WASTE REPRESENTED BY THE COMMISSION OF
THE EUROPEAN COMMUNITIES
9

ANNEX
R and D cooperation in the field of radioactive waste management
between NAGRA and EURATOM
Scientific areas of cooperation
A. Waste characterization and monitoring
Characterization of high level waste including the evaluation of the  
behaviour of glass matrices.
Monitoring of actinide contents of conditioned waste
B. Waste disposal in crystalline geological formations
- Investigation of cr^stalline_geological_formations
(Deep borehole test methodology, analysis of experiments] data from  
single well test, characterization of fracture systems, application  
of geophysical test methods, design, construction and operation of  
underground laboratories.)
- Engineered barriers
(Development of engineered barriers and evaluation of their behaviour  
in disposal systems in particular containers, backfilling and sealing  
materials and techniques.)
- Characterization ard_mode^ling_of_the_geological_formations
(Hydrogeology in fractured crystalline rocks, rock mechanics and  
evolution of geological systems.)
- Migration of radionuclides in crystalline rocks and associated  
argillaceous materials
(Modelling of physical and chemical processes in the near field  
environment of emplaced waste, measurement of nuclide diffusion and  
sorption, radionuclide transport in the geosphere and biosphere.)
- Repository
(Strategies for allocation of waste to  
design and construction methods for  
media.)
- Risk assessment
L Oappropriate repository types,  
repositories in crystalline