COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 12.11.1996 
COM(%) 572 final 
Proposal for a 
COUNCIL DECISION 
approving the Conclusion by the Commission of a cooperation agreement between the 
European Atomic Energy Community and the Republic of Kazakstan in the field of 
nuclear safety 
(presented by the Commission) 

EXPLANATORY MEMORANDUM 
1. By Decision of 17 June 1991 the Council authorised the Commission to negotiate an 
agreement for cooperation with the Soviet Union on nuclear safety. Following the 
dissolution of the Soviet Union negotiations continued at first solely with the Russian 
Federation. By decision of 22 December 1994 the Council authorised the Commission to 
conclude a cooperation agreement on nuclear safety with the Russian Federation. 
2. The Community considered it appropriate to complement the negotiation of the nuclear 
safety agreement with Russia with similar agreements with other successor States of the 
Soviet Union. Accordingly by Decision of 9 June 1995 the Council issued Directives to 
the Commission for the negotiation inter alia of a bilateral agreement for cooperation with 
Kazakstan on nuclear safety. 
3. In subsequent negotiations with Kazakstan an understanding was reached on a text 
equivalent in scope and content to the one negotiated with the Russian Federation. The 
text is in full accordance with the Council's directives. 
4. On the basis of mutual benefit, the aim of the agreement would be to contribute to the 
improvement of nuclear safety in the areas of reactor safety research, radiation protection, 
nuclear waste management, decommissioning, decontamination and dismantling of nuclear 
installations and R&D on safeguards of nuclear material. 
5. Kazakstan has acceded to the NPT (Treaty on the Non-Proliferation of Nuclear 
Weapons) and has signed a full scope safeguards agreement with the IAEA that is in 
effect. 
6. The Commission therefore proposes that the Council adopts the annexed decision 
which approves the conclusion of the above mentioned agreement for cooperation 
between EURATOM and Kazakstan in the field of nuclear safety. 
Proposal for a 
COUNCIL DECISION 
approving the conclusion by the Commission of a cooperation agreement between the 
European Atomic Energy Community and the Republic of Kazakstan in the field of 
nuclear safety 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Atomic Energy Community, and in 
particular Article 101 (2) thereof, 
Having regard to the Agreement on Partnership and Cooperation signed on 23 January 
1995 by the European Union and Kazakstan expressing the desire to establish a close 
cooperation inter alia in the area of nuclear safety. 
Having regard to the Council's decision of 09 June 1995 issuing directives to the 
Commission for the negotiation of a bilateral agreement for cooperation between the 
European Atomic Energy Community and Kazakstan on nuclear safety, 
Whereas the agreement set out in the annex to this Decision is in accordance with the 
negotiating directives referred to above and achieves a balance which corresponds to the 
concept of mutual benefit, 
HAS DECIDED AS FOLLOWS: 
Sole Article 
The conclusion by the Commission of a cooperation agreement between the European 
Atomic Energy Community and the Republic of Kasakstan in the field of nuclear safety is 
hereby approved. 
Done at Brussels, For the Council 
The President 
AGREEMENT FOR CQ-QPERATIQN 
BETWEEN THE EUROPEAN ATOMIC ENERGY COMMUNITY AND 
THE REPUBLIC OF KAZAKSTAN IN THE HELD OE NUCLEAR SAFETY 
The European Atomic Energy Community, hereinafter referred to as "the 
Community"; of the one part, and the Republic of Kazakstan, hereinafter referred to 
as "Kazakstan", of the other part, both also generally referred to hereinafter as the 
"Party" or "Parties", as appropriate, 
RECALLING that an Agreement on Partnership and Cooperation was signed on 23 
January 1995 by the European Union and Kazakstan; 
RECALLING that the Commission of the European Communities, hereinafter referred 
to as "the Commission", has responsibilities, inter alia, for laying down basic 
standards for radiation protection, and for ensuring their implementation, and for 
collecting and monitoring radiation data at Community level; 
RECALLING that the Commission is charged with implementing Commumty action to 
protect the environment and with co-operating in this connection with third parties; 
CONSIDERING that the Commission implements a Community research programme 
in nuclear safety, including reactor safety, radiation protection, waste management and 
nuclear plant decommissioning and dismantling, as well as in safeguards for nuclear 
materials, and intends to develop scientific and technological co-operation with third 
countries on these subjects with a view to contributing towards internationally accepted 
nuclear safety principles and guidelines; 
CONSIDERING that Kazakstan operates a nuclear power plant and three powerful 
research reactors which could be used as a apart of a research and development 
programme to increase the safety of nuclear power plants; 
CONSIDERING that large areas of Kazakstan have been contaminated by radioactive 
fall-out and a significant remediation effort will be required in these areas; 
RECALLING that Kazakstan1 s regulatory activity for the nuclear sector is intended to 
ensure the protection of the environment and population in general, as well as the 
protection of workers, against radiation on the basis of internationally accepted 
guidelines and principles; 
RECOGNIZING that the future contribution of nuclear energy to meet the energy 
needs of Kazakstan and of Europe as a whole, with due consideration for 
diversification, the economy and the environment, also depends on developing 
satisfactory answers to the safety related issues aforementioned; 
MINDFUL of the various forms of co-ordinated action on nuclear safety envisaged by 
the Community and Kazakstan, 
HAVE AGREED AS FOLLOWS: 
Article 1 
Co-operation under this Agreement shall, on the basis of mutual benefit, contribute to 
the improvement of nuclear safety, including the definition and application of 
scientifically warranted and internationally accepted nuclear safety guidelines. 
Arlkk_2 
The Parties will endeavour to promote co-operation in the following areas: 
(a) Reactor safety research 
Review and analysis of safety issues; identification of appropriate techniques to 
improve reactor safety including through research and development and evaluation 
studies on nuclear reactors in operation and planned. 
(b) Radiation protection 
Research, regulatory aspects, development of safety standards, public information, 
training and education, particular attention shall be paid to low-dose effects, 
industrial exposures and post-accident management. 
(c) Nuclear waste management 
Managment of radioactive wastes including remediation of contaminated areas 
managment and disposal of long-lived radioactive wastes. 
(d) Decommissioning, decontamination and dismantling of nuclear installations 
Strategies for decommissioning and dismantling nuclear installations, including 
radiological aspects. 
(e) Research and development on safeguards of nuclear material 
Development and evaluation of nuclear material measurement techniques and 
characterization of reference materials for safeguards activities and development of 
the systems of accounting for and control of nuclear materials. 
(f) Prevention of illicit trafficking of nuclear material 
Cooperation shall relate to the promotion of methods and techniques of control of 
nuclear material. 
Article 3 
1. Co-operation shall be implemented in particular through: 
- exchange of technical information by means of reports, visits, seminars, technical 
meetings, etc.; 
- exchange of personnel between laboratories and/or bodies involved on both sides, 
including for training purposes; 
- exchange of samples, materials, instruments and apparatus for experimental 
purposes; 
- balanced participation in joint studies and activities. 
2. To the extent necessary, implementing arrangements to set out the scope, terms and 
conditions to implement specific co-operation activities, may be entered into by the 
Parties and/or by bodies which either Party may eventually entrust with the 
aforementioned activities. 
Such implementing arrangements may, inter alia, cover financing provisions, 
assignment of management responsibilities and detailed provisions on dissemination of 
information and intellectual property rights. 
3. 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. Each Party's obligations under this Agreement shall be subject to the availability of 
the required funds. 
2. All costs resulting from co-operation shall be borne by the Party that incurs them. 
3. The financing of industrial activities shall be excluded from the scope of this 
Agreement. 
AtticleJ) 
1. In so far as the Community is concerned, this Agreement shall apply to the 
territories in which the Treaty establishing the European Atomic Energy Community 
applies. 
2. Co-operation under this Agreement shall be in accordance with the laws and 
regulations in force. 
3. Each Party shall use its best endeavours, within the framework of the 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 co-operation. 
4. Compensation for damages incurred during the implementation of this Agreement 
shall be in accordance with the laws and regulations applicable. 
Attkte_£ 
Treatment of information, industrial property and copyright connected with the 
co-operation activities under this Agreement shall be in accordance with the Annexes, 
which form an integral part of this Agreement. 
Article 7 
Subject to the laws and regulations applicable, the Parties shall endeavour to settle all 
questions connected with this Agreement through consultations between themselves. 
Anicje_& 
1. A Co-ordinating Committee consisting of members appointed in equal number by 
the two Parties shall be established to supervise the implementation of this Agreement. 
2. The Co-ordinating Committee shall meet each year, alternately in the Community 
and in Kazakstan, for regular sessions in order to: 
- review and assess the state of co-operation under this Agreement and prepare annual 
reports thereon; 
-determine by mutual agreement the specific tasks to be undertaken under this 
Agreement, without prejudice to the taking of autonomous decisions by the Parties on 
their respective programmes. 
3. If mutually agreeable, extraordinary sessions may be held for dealing with 
particular topics, or in particular circumstances. 
AtiicIeJ? 
1. This Agreement shall enter into force on the date which the Parties, by an exchange 
of diplomatic notes, specify for its entry into force and shall remain in force for an 
initial period of 10 years. 
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 six months prior to the expiry date. 
3. In the event of termination or renegotiation, this Agreement shall remain in force in 
its previous form with respect to co-operation activities effectively entered into prior 
to the request for termination or renegotiation until the end of such activities and 
relative implementing arrangements or for one calendar year after the expiry of this 
Agreement in its previous form, whichever is the earlier. 
4. Termination of this Agreement shall not affect rights and obligations under Article 
6. 
Article 10 
This Agreement shall be drawn up in duplicate in the Danish, Dutch, English, Finnish, 
French, German, Greek, Italian, Portuguese, Russian, Spanish, Swedish languages, 
each text being equally authentic. 
Done at on 
For the European Atomic For the Government of the 
Energy Commumty Republic of Kazakstan 
ANNEX I 
GUIDING PRINCIPLES ON THE ALLOCATION OF 
INTELLECTUAL PROPERTY RIGHTS ( ï RESULTING FROM 
JOINT RESEARCH UNDER 
THE AGREEMENT FOR CO-OPERATION 
IN THE PEACEFUL USES OF NUCLEAR ENERGY 
I. OWNERSHIP. ALLOCATION AND EXERCISE OF RIGHTS 
1. All research carried out pursuant to this Agreement shall be "joint research". The 
participants shall jointly develop joint technology management plans (TMPs) ( ) in 
respect of the ownership and use, including publication, of information and Intellectual 
Property (IP) to be created in the course of joint research. Those plans shall be 
approved by the Parties before the conclusion of any specific R&D co-operation 
contracts to which they refer. The TMPs shall be developed taking into account the 
aims of the joint research, the relative contributions of the participants, the advantages 
and disadvantages of licensing by territory or for fields of use, requirements imposed 
by laws applicable and other factors deemed appropriate by the participants. The 
rights and obligations concerning the research generated by visiting researchers in 
respect of IP shall also be addressed in the joint technology management plans. 
2. Information or IP created in the course of joint research and not addressed in the 
technology management plan shall be allocated, with the approval of the Parties, 
according to the principles set out in the technology management plan. In case of 
disagreement, such information or IP shall be owned jointly by all the participants 
involved in the joint research from which the information or IP results. Each 
participant to whom this provision applies shall have the right to use such information 
or IP for his own commercial exploitation with no geographical limitation. 
3. Each Party shall ensure that the other Party and its participants may have the rights 
to IP allocated to them in accordance with these principles. 
4. While maintaining the conditions of competition in areas affected by the agreement 
each Party shall endeavour to ensure that rights acquired pursuant to this Agreement 
are exercised in such a way as to encourage in particular: 
(i) the dissemination and use of information created, disclosed, or otherwise made 
available, under the Agreement; 
(ii) the adoption and implementation of international standards. 
( ) Definitions of the concepts referred to in these guiding 
principles are set out in Annex II. ** ( ) The indicative features of such TMPs are set out in 
Annex III. 
9 
IL COPYRIGHT WORKS 
Copyright belonging to the Parties or to their participants shall be accorded 
treatment consistent with the Berne Convention (1971 Paris Act). 
m. SCIENTIFIC LITERARY WORKS 
Without prejudice to Section IV, 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 general rule, the following procedures shall 
apply: 
1. In the case of publication by a Party or public bodies of that Party of scientific 
and technical journals, articles, reports, books, including video and software, 
arising from joint research pursuant to this Agreement, the other Party shall be 
entitled to a worldwide, non-exclusive, irrevocable, royalty-free licence to 
translate, reproduce, adapt, transmit and publicly distribute such works. 
2. 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 widely as possible. 
3. All copies of a copyright work to be publicly distributed and prepared under this 
provision shall indicate the names of the author(s) of the work unless an author 
or authors expressly declines or decline to be named. They shall also bear a 
clearly visible acknowledgement of the co-operative support of the Parties. 
IV. UNDISCLOSED INFORMATION 
A. Documentary undisclosed information 
1. Each Party or its participants, as appropriate, shall identify at the earliest 
possible moment and preferably in the technology management plan the 
information that it wishes to remain undisclosed in relation to this 
Agreement, taking account inter alia of the following criteria: 
- secrecy of the information in the sense that the information is not, as a 
body or in the precise configuration or assembly of its components, 
generally known among or readily accessible by lawful means to experts 
in the field; 
- the actual or potential commercial value of the information by virtue of 
its secrecy; 
- 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 in control, to maintain its secrecy. 
10 
The Parties and the participants may in certain cases agree that, unless 
otherwise indicated, parts or all of the information provided, exchanged or 
created in the course of joint research pursuant to the Agreement may not 
be disclosed. 
2. Each Party shall ensure that undisclosed information under this Agreement 
and its ensuant privileged nature is readily recognizable as such by the other 
Party, for example by means of an appropriate marking or restrictive 
legend. This also applies to any reproduction of the said information, in 
whole or in part. 
A Party receiving undisclosed information pursuant to the Agreement shall 
respect the privileged nature thereof. These limitations shall automatically 
terminate when this information is disclosed by the owner without 
restriction to experts in the field. 
3. Undisclosed information communicated under this Agreement may be 
disseminated by the receiving Party to persons within or employed by the 
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 any undisclosed information so disseminated shall 
be pursuant to an agreement of confidentiality and shall be readily 
recognizable as such, as set out above. 
4. 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 3 above. The Parties shall co-operate 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 domestic policies, regulations and laws. 
B. 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 the Parties or their participants according to the 
principle specified for documentary information in the Agreement, provided, 
however, that the recipient of such undisclosed or other confidential or 
privileged information has been made aware of the confidential character of the 
information communicated at the time such communication is made. 
11 
C. Control 
Each Party shall endeavour to ensure that undisclosed information received by 
it under this Agreement shall be controlled as provided therein. If one of the 
Parties becomes aware that it will be, or may reasonably be expected to 
become, unable to meet the non-dissemination provisions of paragraphs A 
and B above, it shall immediately inform the other Party. The Parties shall 
thereafter consult to define an appropriate course of action. 
12 
ANNEX 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 on 14 July 1967. 
2. PARTICIPANT: any natural or legal person, 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 Parties and with collaboration from participants of both 
Parties, where appropriate. 
4. INFORMATION: scientific or technical data, results or methods of research and 
development stemming from the JOINT RESEARCH and any other information 
deemed necessary by the Parties and/or participants engaged in the JOINT 
RESEARCH to be provided or exchanged under this Agreement or research 
pursuant thereto. 
13 
ANNEX HI 
INDICATIVE FEATURES OF A 
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 IPR, 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 may also address foreground 
and background information, licensing and deliverables. 
14 
ISSN 0254-1475 
COM(96) 572 final 
DOCUMENTS 
EN 12 11 15 14 
Catalogue number : CB-CO-96-574-EN-C 
ISBN 92-78-11480-4 
Office for Official Publications of the European Communities 
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