EUROPEAN COMMISSION 
Brussels, 26.7.2011 
SEC(2011) 969 final 
  
RECOMMENDATION FROM THE COMMISSION TO THE COUNCIL 
on the approval of an Agreement for cooperat ion in the peaceful uses of nuclear energy 
between the European Atomic Energy Comm unity (Euratom) and the Government of 
Canada 
 
 
EN 2   EN RECOMMENDATION FROM THE CO MMISSION TO THE COUNCIL 
on the approval of an Agreement for cooperation  in the peaceful uses of nuclear energy 
between the European Atomic Energy Comm unity (Euratom) and the Government of 
Canada 
1. I NTRODUCTION  
The Agreement between Euratom Atomic Energy Community and the Government of Canada 
for cooperation in the peaceful uses of atomic en ergy covers most fields  of mutual interest. 
The Agreement has been amended five times si nce it was signed fift y years ago and these 
successive modifications make it difficult to  implement. The negotiating mandate was 
adopted by the Council on 27 Ju ly 2009. The aim of the negotia tions was to simplify the 
Agreement, provided that additional provisio ns (in particular, on technology transfer) are 
incorporated .  
The Agreement provides for a broad cooperation in the area of peacef ul uses of nuclear 
energy setting up the overall framework for politic al, technical and industrial cooperation. It 
will create a legal framework both for the govern ments and the industrial operators of the 
Parties which will facilitate the c ooperation in this field between  the Parties. 
2. I MPORTANCE OF THE AGREEMENT  
The importance of concluding this Agreemen t is mainly based on commercial needs.  
Canada has been the world's second largest ur anium producer for many years, accounting for 
about 22% of world output.  Production is expected to increase significantly from 2013 as new 
mines will come into operation.  With known uranium resour ces of 572,000 tonnes of U 3O8 
(485,000 tU), and continued exploration, Canada will have a significant role in meeting future 
world demand.  
For many years, Canada has been a leader in  nuclear research and technology, exporting full 
reactor systems. The country also plans to expa nd its nuclear capacity over the next 10 years 
by building nine new reactors. 
For Euratom, the interest in signing this Agreement stems from the fact that Canada is one of 
its main suppliers of natural uranium. Facilita ting trade in the nuclear domain contributes to 
the Community's policy of security of energy supply and diversification of energy sources.  
Furthermore, the conclusion of the presen t Agreement reaffirms the non-proliferation 
commitment of Canada, the Community and the Governments of the Member States of the 
European Union, the strengthening and strict application of sa feguards and export control as 
well as physical protection arrangements. 
 
EN 3   EN 3. G ENERAL SCHEME OF THE AGREEMENT  
The Agreement has as its objective cooperation in the peaceful uses of nuclear energy 
between Euratom and Canada. The scope of cooperation (Article III) mainly comprises 
nuclear safety, the supply of nuclear material, technology transfer, transfer of equipment and 
the transfer of tritium and tritium-related equipment.  
The Agreement further defines the Items subject to this Agreement (Article IV) – different 
forms of nuclear and non-nuclear material, equipment, tritium and tritium-related equipment – and describes in detail modalities concerning the issue of enrichment  (Article VI). The 
Agreement contains a series of provisions dete rmining criteria for the transfer of nuclear 
material as well as the way of resolving conflic ting situations. It is un derlined that nuclear 
material shall be used for peaceful purposes and in compliance with the safeguards agreements (for the Community: the Euratom sa feguards pursuant to the Euratom Treaty and 
to the IAEA safeguards a nd its Additional Protocols
1). 
International transfers and trade in nuclear ma terials are explicated in Article VII. The 
Agreement restates the principles of free movement of nuclear materials within the 
Community and tackles the issue of Reprocessing in Article VIII. Intellec tual property issues 
(Article IX) are dealt with in detail, as well as the modalities of Exchange of Information 
between the Parties (Article X).  
In order to guarantee the smoot h implementation of the Agreem ent, a specific article on 
Consultation and Arbitration (A rticle XII) is inserted to address questions on the correct 
application of the Agreement. Th e duration of the Agreement is set with an initial period of 10 
years, thereafter automatically renewed for addi tional periods of five years (Article XIV). 
4. C ONCLUSION  
The Commission considers that the Agreement for cooperation in the peacef ul uses of nuclear 
energy between the European Atomic Energy Co mmunity and the Government of Canada, the 
adoption of which is proposed: 
– is in conformity with the negotiating direc tives issued by the C ouncil on 27 July 2009; 
– fulfils the goals of simplifying, updating and extending the current Agreement; 
– confirms the clear commitment of  the two Parties in favour of  non-proliferation and a high 
level of nuclear safety in order to guarante e the peaceful and safe use of nuclear energy; 
– is in line with the Community's policy on energy security of supply; 
– will further strengthen the very good relations between the EU and the Canada in the field 
of energy policy cooperation. 
The Commission therefore recommends to the Council to approve, purs uant to the second 
paragraph of Article 101 of the Treaty establishing the European Atomic Energy Community, 
                                                 
1 INFCIRC/540. 
 
EN 4   EN the Agreement for cooperation in  the peaceful uses of nuclear energy between the European 
Atomic Energy Community and the G overnment of Canada, in Annex. 
 
EN 5   EN ANNEX  
AGREEMENT BETWEEN THE GOVER NMENT OF CANADA AND THE 
EUROPEAN ATOMIC ENERGY CO MMUNITY (EURATOM) FOR CO-
OPERATION IN THE PEACEFUL USES OF NUCLEAR ENERGY 
PREAMBLE 
The Government of Canada and the Europ ean Atomic Energy Community (Euratom), 
hereinafter referred to as "the Community", 
CONSIDERING that the Government of Canada  and the Community have expressed their 
mutual desire for the development of close co-operation in the peac eful and non-explosive 
uses of nuclear energy;  
DESIRING to collaborate with each other in or der to promote and enlarge the contribution 
which the development of the peaceful uses of nuclear energy can make to welfare and 
prosperity in Canada an d within the Community; 
RECOGNIZING that the Agreement between Canada and the European Atomic Energy 
Community for co-operation in the area of nucl ear research signed in 1998 provides for co-
operation in the fields of co mmon interest of Parties in  the peaceful, non-explosive, non-
military uses of nuclear energy; 
REAFFIRMING the strong commitment of the Government of Canada, the Community and 
the Governments of its Member States to  nuclear non-proliferation including the 
strengthening and efficient application of the related safeguards and export control regimes 
under which co-operation in the peaceful uses of nuclear en ergy between Canada and the 
Community should be carried out; 
REAFFIRMING the support of the Governme nt of Canada, the Community and the 
Governments of its Member States for the obj ectives of the International Atomic Energy 
Agency (hereinafter referred to as  "IAEA") and its safeguards system; 
WHEREAS Canada and all Member States of th e Community are Parties to the Treaty on the 
Non-Proliferation of Nuclear Weapons, hereinafter referred  to as "NPT"; 
NOTING that nuclear safeguards are applied in all Member States of the Community pursuant 
both the Treaty establishing the European Atom ic Energy Community (hereinafter referred to 
as "the Euratom Treaty") and under safe guards agreements concluded between the 
Community, its Member States and the IAEA; 
NOTING that account should be taken of the commitments made by the Government of 
Canada and the Government of each Member Stat e of the Community in the framework of the 
Nuclear Suppliers Group; 
 
EN 6   EN RECOGNIZING the principle of the free move ment of nuclear material, equipment, 
non-nuclear material, and tec hnology within the Community; 
AGREEING that the Agreement should be in comp liance with international obligations of the 
European Union and the Government of Ca nada under the World Trade Organisation; 
REITERATING commitments of the Governme nt of Canada and the Governments of 
Member States of the Community to their bilate ral agreements in the peaceful uses of nuclear 
energy; 
CONSIDERING that an arrangeme nt providing for co-operation in the peaceful uses of 
nuclear energy would reinforce an existing fr uitful exchange of experience, provide 
opportunities for mutually beneficial action and reinforce solidarity within Europe and across 
the Atlantic; 
HAVE AGREED AS FOLLOWS: 
Article I 
Definitions 
For the purpose of this Agreement, except as otherwise specified therein, 
1. "Parties" means the Government of Cana da on the one hand and the Community on 
the other hand; the term  "Party" means one of the above "Parties"; 
"the Community" means both: 
(a) the legal person created by the Euratom Treaty; and 
(b) the territories to which the Euratom Treaty applies; 
2. "persons" means any natural person, undert aking or other entity governed by the 
applicable laws and regulations in the respective territorial jurisdiction of the Parties, but does not include the Parties; 
3. "competent authority" means: 
(a) for the Government of Canada, the Canadian Nuclear Safety 
Commission; 
(b) for the Community, the European Commission  
or such other authority as the Party con cerned may at any time notify in writing to 
the other Party; 
4. "equipment" means items of machinery or pl ant, as listed in Annex A.1 to this 
agreement, specially suitable fo r use in nuclear energy projects; 
5. "non-nuclear material" means: 
 
EN 7   EN Deuterium and heavy water: deuterium, h eavy water (deuterium oxide) and any other 
deuterium compound in which the ratio of deuterium to hydrogen exceeds 1:5000, for use in a nuclear reactor,  
Nuclear grade graphite: graphite, for use in  a nuclear reactor as moderator material, 
having a purity level better than 5 parts per million boron equivalent and with a density greater than 1.50 gr ams per cubic centimetre;  
6. "nuclear material" means any source material  or special fissionabl e material as those 
terms are defined in Article XX of the Stat ute of the IAEA. Any determination by the 
Board of Governors of the IAEA under Ar ticle XX of the IAEA 's Statute that 
amends the list of material considered to be "source material" or  "special fissionable 
material", shall only have effect under this Agreement when the Parties have 
informed each other in writing that they accept that determination;  
7. "technology" has the meaning defined in Annex A of IAEA Information Circular 
INFCIRC/254/Rev.9/Part 1 (Guide lines for Nuclear Transfers); 
8. "fusion programme" means th e Euratom programme for research and training in the 
field of controlled thermonuclear fusion as  adopted by Decision of the Council of the 
European Union, pursuant to Article 7 of the Euratom Treaty, as well as any further 
programme in that field adopted by Council Decision; 
9. "tritium" refers to compounds and mixtures that contain tritium in which the ratio of 
tritium to hydrogen by atoms is greater than 1 part per 1000; 
10. "tritium-related equipment and technology" means equipment especially designed or 
prepared for the production, recovery, ex traction, concentration or handling of 
tritium and its compounds and mixtures in th e framework of the specific needs of the 
fusion programme or the operation of Pressurized Heavy Water Reactors; 
11. "by-product" means special fissionable mate rial derived by one or more processes, 
whether successive or not, from nuclear material transferred pursuant to this 
Agreement. 
Article II 
Objective 
1. The objective of this Agreement is to pr ovide a framework for co-operation between 
the Parties in the peaceful uses of nuclear energy on the basis of mutual benefit and 
reciprocity and without pr ejudice to the respective competences of each Party. 
2. Nuclear material, equipment, non-nuclear material, tritium and tritium-related 
equipment transferred pursuant to this Ag reement or nuclear ma terial produced as a 
by-product shall not be used other than for peaceful purposes; nor shall they be used for any nuclear explosive device, for research  or for development of any such device. 
 
EN 8   EN Article III 
Scope of co-operation 
The co-operation intended by this Agreement rela tes to the peaceful us es of nuclear energy 
and may include, inter alia: 
(a) the supply of information related to:  
(i) health and safety, (ii) equipment, facilities and devices (i ncluding the supply of  designs, drawings, 
and specifications),  
(iii) uses of nuclear material, non-nuclea r material, equipment, facilities and 
devices (including manufacturing pr ocesses and specifications); and 
(iv) external nuclear assistan ce programmes of the Parties; 
(b) the supply of nuclear material, non -nuclear material, and equipment; 
(c) technology transfer, including the supply of in formation as defined in point (a) of 
this article, provided that the individual Member States  of the Community involved 
accept placing such transfers in th e framework of this Agreement; 
(d) transfer of equipment which has been designated by the Parties as equipment 
designed, constructed or operated on the ba sis of or by the use of information 
obtained from the other Part y and which is within the jurisdiction of one of the 
Parties at the time of designation; 
(e) the procurement of equipment and devices; 
(f) the use of intellectual property rights; 
(g) access to and use of equipment and facilities; 
(h) direct or indirect transfer of tritium for its use in the fusion programme and of 
tritium-related equipment and technology fo r its use in the fusion programme or the 
operation of Pressurized Heavy Water Reactors,  or its return to the supplying Party; 
(i) cooperation in planning and execution of th e Parties' external nuclear assistance 
programmes; 
(j) other areas relevant to the subject of this Agreement. 
Article IV 
Items subject to the Agreement 
1. Nuclear material, non-nuclear material, equipment, tritium and tritium-related 
equipment transferred between the Partie s or their respective persons, whether 
directly or through a third country, shall b ecome subject to this  Agreement upon their 
 
EN 9   EN entry into the territorial jurisdiction of the receiving Party, provided that the 
supplying Party has notified the receiving Part y in writing of the intended transfer 
and that the receiving Party has confirmed in writing that such item will be held 
subject to this Agreement, and that the pr oposed recipient, if other than the receiving 
Party, will be an authorised person under th e territorial jurisdic tion of the receiving 
Party. 
2. Nuclear material, non-nuclear material, equipment, tritium and tritium-related 
equipment referred to in paragraph 1 of th is Article shall remain subject to the 
provisions of this Agreement until it has been determined, in accordance with the procedures set out in the Administrative Arrangement: 
– that such item has been re-transferred  beyond the jurisdictio n of the receiving 
Party; 
– that nuclear material is no  longer usable for any nuclear  activity relevant from 
the point of view of safeguards referred to in subparagraph a)  of paragraph 6 of 
Article VII or has become practically irrecoverable; 
– that equipment and non-nuclear materi al are no longer usable for nuclear 
purposes; 
– that tritium and tritium-related equipmen t are no longer usable for the fusion 
programme or the operation of Pr essurized Heavy Water Reactors; 
– or that the Parties agree that it should no longer be subject to this Agreement. 
3. Technology transfer shall be su bject to this Agreement for the Member States of the 
Community which agree to place such transf ers in the framework of this Agreement. 
Technology transferred between the Partie s or their respectiv e persons, whether 
directly or through a third country, shall become subjec t to this Agreement upon its 
entry into the territorial jurisdiction of the receiving Party, provided that the 
supplying Party has notified the receiving Part y in writing of the intended transfer 
and that the receiving Party has confirmed in writing that such item will be held 
subject to this Agreement, and that the pr oposed recipient, if other than the receiving 
Party, will be an authorized person under th e territorial jurisdic tion of the receiving 
Party.  
4. Tritium and tritium-related equipment and technology will be used solely for the 
Fusion Programme and Pressuri zed Heavy Water reactors. 
5. In addition to the items subject to this Agreement pursuant to paragraph 1 above, the 
following material, nuclear material and equipment will be subject to this Agreement: 
i) Non-nuclear material or nuclear materi al that is produced or processed by the 
use of the installations subject to this Agreemen t listed in Annex A.2; 
ii) Nuclear material that is produced or processed by the use of any nuclear 
material or non-nuclear material  subject to this Agreement; and 
 
EN 10   EN iii) Equipment which the reci pient Party, or the supplyi ng Party after consultation 
and agreement with the recipient Part y, has designated as being designed, 
constructed, manufactured or operate d on the basis of, or by the use of 
technology subject to this  Agreement, transferred pursuant to paragraph 1 
above. 
Article V 
Implementation arrangements 
1. The provisions of this Agreement shall be implemented in good faith in such a 
manner as to avoid hampering, delay or undue interference in the nu clear activ ities in 
Canada and in the Community and so as  to be consistent with the prudent 
management practices required for the economic and safe conduct of nuclear 
activities. 
2. The provisions of this Agreement shall not be used for th e purpose of seeking 
commercial or industrial advantages, nor of interfering with the commercial or 
industrial interests, whether domestic or inte rnational, of either Party or authorised 
persons, nor of interfering with the nucl ear policy of either Party or of the 
Governments of the Member States of  the Community, nor of hindering the 
promotion of the peaceful and non-explosive uses of nuclear energy, nor of hindering 
the movement of items subject to or notifie d to be made subject to this Agreement 
either within the respective territorial ju risdiction of the Parties or between the 
Government of Canada and the Community. 
3. In implementing the provisions  of this Agreement, Canada, the Community and its 
Member States shall act in conformity with the provisions of the Convention on 
Nuclear Safety (IAEA Information Circul ar INFCIRC/449), the Joint Convention on 
the Safety of Spent Fuel Management and on the Safety of Radioactive Waste 
Management (IAEA Information Circul ar INFCIRC/546), the Convention on 
Assistance in the case of a Nuclear A ccident or Radiologi cal Emergency (IAEA 
Information Circular INFCIRC/336), and th e Convention on Early Notification of a 
Nuclear Accident (IAEA Inform ation Circular INFCIRC/335). 
4. The competent authorities of both Parties shall establish an administrative 
arrangement to ensure the effective impl ementation of the provisions of this 
Agreement and shall consult re gularly or at any other time at the request of either 
competent authority.  
5. Consistent with the laws, regulations and po licies of the Parties, the administrative 
arrangement may include procedures to, inter alia:  
(a) obtain written consent of the other Party prior to the transfer of any nuclear 
material, non-nuclear material, equi pment or technology subject to the 
Agreement as specified in Ar ticle VII, paragraph (6)(d); 
(b) manage generic retransfers of nucle ar material, non-nuclear material, 
equipment or technology; 
 
EN 11   EN (c) report on and account for holdings of nuc lear material subject to this 
Agreement according to the principles  of equivalence, fungibility, and 
proportionality. 
(d) determine that an item is no longer s ubject to the Agreement in accordance 
with the provisions of Article IV, paragraph 2. 
6. An administrative arrangement established pursuant to paragra ph 4 of this Article 
may be amended by written agreement betw een the competent authorities of the 
Parties. 
Article VI 
Enrichment  
Prior to the enrichment of any nuclear material  subject to this Agreement to twenty (20) 
percent or more in the isotope U 235, the written consent of both Parties shall be obtained and the IAEA shall be notified. Such consent sh all describe the conditions under which the 
uranium enriched to twenty (20)  percent or more may be used. An agreement to facilitate the 
implementation of this provision may be established by the Parties. 
Article VII 
International transfers and trade in nuclear materials  
1. Any nuclear transfer carried out pursuant to  the co-operation activities shall be made 
in accordance with the relevant internat ional commitments of the Community, the 
Member States of the Community, and the Government of Canada in relation to 
peaceful uses of nuclear energy as liste d in paragraph 6 of this Article.  
2. The Parties shall, to such extent as is practicable, assist each other in the 
procurement, by either Party or by pe rsons within the Co mmunity or under the 
jurisdiction of the Government  of Canada, of nuclear material, non-nuclear material, 
equipment and other requisites for nucl ear energy research, development and 
production within the Community or in Canada. 
3. The continuation of the co-operation envi saged in the present Agreement shall be 
contingent upon the mutually satisfactory application of the system for safeguards 
and control established by the Community in accordance with the Euratom Treaty 
and of the measures for accounting for th e use of nuclear material, non-nuclear 
material or equipment establishe d by the Government of Canada. 
4. The provisions of this Agreement shall not be used to impede the free movement of 
nuclear material, non-nuclear ma terial, equipment, tritium, tritium-related equipment 
and technology within the te rritory of the Community. 
5. Transfers of nuclear material and appropriate  services shall be carried out under fair 
commercial conditions. The implementation of this paragraph shall be without 
prejudice to the Euratom Treat y and its derived legislation. 
6. a) Transfer of nuclear material shall be subject to the following conditions: 
 
EN 12   EN i) In the Community, to the Eurato m safeguards pursuant to the Euratom 
Treaty and to the IAEA safeguards pu rsuant to the following safeguards 
agreements, as relevant, and as they may be revised and replaced, so long 
as coverage as required by the Non-Pr oliferation Treaty is provided for: 
– The Agreement between the Commun ity's non-nuclear weapon Member 
States, European Atomic Energy Community and the International 
Atomic Energy Agency, which entere d into force on 21 February 1977 
(published as INFCIRC/193); 
– The Agreement between France, Euratom Atomic Energy Community 
and the International Atomic Energy Ag ency, which entered into force on 
12 September 1981 (published as INFCI RC/290) and constitutes France's 
voluntary offer agreement with the Agency. The Agreement between the United Kingdom, European Atom ic Energy Community and the 
International Atomic Energy Agenc y, which entered into force on 14 
August 1978 (published as INFCIRC/263) and constitutes United 
Kingdom’s voluntary offer agreement with the Agency.  
– The Additional Protocols concluded on 22 September 1998 which 
entered into force on 30 April 2 004 on the basis of the document 
published as INFCIRC/540 (Strengthe ned Safeguards System, Part II); 
ii) In Canada, to the IAEA safeguard s pursuant to the Agreement between 
Canada and the International Atomic Energy Agency for the Application of Safeguards in connection with th e Treaty on the Non-Proliferation of 
Nuclear Weapons, which entered into force on 21 February 1972 (published as INFCIRC/164); supplemented by an Additional Protocol concluded on 24 September 1998 on the basis of the document published as INFCIRC/164/Add.1 (Strengthened Safeguards System, Part II) which entered into force on 8 September 2000. 
b) In the event of the application of any of the Agreements with the IAEA 
referred to in paragraph 6 a) of this ar ticle being suspended or terminated for 
any reason within the Community or Canada, the relevant Party shall enter into an agreement with the IAEA which pr ovides for effectiveness and coverage 
equivalent to that provided by the safeguards agreements referred to in 
provisions i) or ii) of paragraph 6 a) of this article, or, if that is not possible,
  - the Community, as far as it is concer ned, shall apply safeguards based on the 
Euratom safeguards system, which provi des for effectiveness and coverage 
equivalent to that provided by the safeguards agreements referred to in 
provision i) of paragraph 6 a) of this article or, if  that is not possible,  
 - the Parties shall enter arrangements fo r the application of safeguards, which 
provide for effectiveness and coverage equivalent to that provided by the 
safeguards agreements referred to in pr ovisions i) or ii) of paragraph 6 a). 
c) Application of physical pr otection measures shall be at  all times at levels which 
satisfy as a minimum the criteria set out in Annex C to IAEA Information Circular INFCIRC/254/Rev.9/Part 1 (G uidelines for Nuclear Transfers); 
 
EN 13   EN supplementary to this document, the Member States of the Community, the 
European  Commission, as appropriate, and Ca nada will refer when applying 
physical protection measures  to the recommendations  in IAEA Information 
Circular INFCIRC/225/Rev.5 (Nuclear S ecurity Recommendations on Physical 
Protection of Nuclear Material and Nucl ear Facilities). International transport 
shall be subject to the provisions of  the International Convention on the 
Physical Protection of Nuclear Mate rial (IAEA Information Circular 
INFCIRC/274/Rev.1) and to the IAEA Re gulations for the Safe Transport of 
Radioactive Materials (IAEA Safety  Standards Series No. TS-R-1). 
d) Nuclear material, non-nuclear materi al, equipment and t echnology subject to 
this Agreement shall not be  transferred beyond the territ orial jurisdiction of the 
receiving Party without the prior written consent of the supplier Party, except 
in accordance with sub-paragraph (e). 
e) Upon entry into force of  this agreement, the comp etent authorities of both 
Parties shall exchange lists of third c ountries to which retransfers of natural 
uranium, depleted uranium, other sour ce materials, uranium enriched to less 
than 20% in the isotope U235, and non-nuc lear materials are authorised by the 
other Party. The competent authorities of each Party shall notify the other of 
changes to its list of third countries.  Procedures acceptable to the Parties 
related to such retransfers shall be established. 
f) Retransfers of any items subject to th is Agreement outside the jurisdiction of 
the Parties shall only be made unde r the framework of the commitments 
undertaken by the group of nuclear supp lier countries known as the Nuclear 
Suppliers Group, as set out in IAEA In formation Circular INFCIRC/254/Rev. 
9/Part 1. 
g) Retransfers of tritium and tritium-related equipment outside the territories of 
the Parties are subject to the prior written consent of the relevant Party.  
Article VIII 
Reprocessing 
The Parties grant their consent to the reprocessi ng of nuclear fuel containing nuclear material 
subject to this agreement provided that such reprocessing takes place in  accordance with the 
conditions set out in Annex B. 
Article IX 
Intellectual Property 
The Parties shall ensure the ad equate and effective protection of intellectual property created 
and technology transferred pursuant to the co-o peration under this Agreement in accordance 
with the relevant international agreements and th e laws and regulations in force in Canada and 
in the European Union and Comm unity or their Member States.  
Article X 
Exchange of information 
 
EN 14   EN 1. (a) The Parties may make available to each other and to persons within the 
Community or under the jurisdiction of the Government of Canada, 
information at their disposal on matters within the scope of this Agreement. 
(b) The supply of information receive d from any third party under terms 
preventing such supply shall be excluded from the scope of Agreement. 
(c) Information regarded by the supplyi ng Party as being of commercial value 
shall be supplied only under the terms a nd conditions specified by the Parties.  
2. (a) The Parties shall encourage and facilit ate the exchange of information between 
persons under the ju risdiction of the Government of Canada on the one hand 
and persons within the Community on th e other hand on matters within the 
scope of this Agreement. 
(b) Information owned by such persons shall be supplied only with the consent of 
and under the terms and conditions to be specified by those persons. 
3. The Parties shall to such extent as is practicable provide tec hnical advice to each 
other or to persons within the Comm unity or under the jurisdiction of the 
Government of Canada by the secondment of  experts or in such other ways as may 
be agreed. 
4. Each Party shall, wherever possible, pr ovide in its own schools or facilities, and 
assist in obtaining elsewhere in Canada or within the Community, training in subjects 
relevant to the peaceful uses of nuc lear energy for students and trainees 
recommended by the other. 
Article XI 
Applicable law 
1. The co-operation provided for in this Ag reement shall be in accordance with the 
laws, regulations in force in  Canada and within the Eu ropean Union and Community 
as well as with the international agreem ents entered into by the Parties. For the 
Community, the applicable law includes the Euratom Treaty and its derived legislation.  
2. Each Party shall be responsible toward th e other for ensuring that the provisions of 
this Agreement are accepted and complied with as to Canada by all of its governmental enterprises and by all persons  under its jurisdicti on, and as to the 
Community by all persons within the Commu nity to whom authorisation has been 
granted pursuant to this Agreement. 
3. The revised versions of the IAEA document s and Information Circulars mentioned in 
this Agreement will be take n into account and made appl icable when agreed by the 
Parties. 
Article XII 
Consultation and arbitration 
 
EN 15   EN 1. At the request of either Party, represen tatives of the Parties shall meet when 
necessary to consult with each other on matte rs arising out of the application of the 
present Agreement, to supervise its opera tion and to discuss arrangements for co-
operation additional to those provided in th e present Agreement. Such consultations 
may take also the form of an exchange of correspondence. 
2. Any dispute arising out of th e interpretation or application of this Agreement which 
is not settled by negotiation or as may otherw ise be agreed between  the Parties shall, 
on the request of either Party, be submitted to an arbitral tribunal which shall be 
composed of three arbitrators. Each Party shall designate one ar bitrator and the two 
arbitrators so designated shal l elect a third, not a national of either Party, who shall 
be the Chairman. If within thirty days of the request for arbitration either Party has not designated an arbitrator , the other Party to the dis pute may request the President 
of the International Co urt of Justice to appoint an ar bitrator to the Party which has 
not designated an arbitrator. If within thirty days of the designation or appointment 
of arbitrators for both the Parties the third ar bitrator has not been elected, either Party 
may request the President of the Internati onal Court of Justice to appoint the third 
arbitrator. A majority of th e members of the arbitral tribunal shall constitute a 
quorum, and all decisions shall be made by majority vote of all the members of the 
arbitral tribunal. The arbitral procedure sh all be fixed by the tr ibunal. The decisions 
of the tribunal shall be binding on bot h Parties and implemented by them. The 
remuneration of the arbitrators shall be dete rmined on the same basis as that for ad 
hoc judges of the Interna tional Court of Justice. 
Article XIII 
Status of Annexes 
The Annexes to this Agreement form an integral part of this Agreement. They may be 
modified by mutual consent in  writing of the Government of  Canada and the European 
Commission without amendment of this Agreement. 
Article XIV 
Entry into force and duration 
1. This Agreement shall enter into force on the date of the latter written notification that 
internal procedures necessary for its entr y into force have been completed by the 
Parties. 
2. This Agreement shall remain in force for a period of ten years. Thereafter this 
Agreement shall be automatically renewed for additional periods of five years, 
unless, at least six months before the expi ration of any such a dditional period, a Party 
notifies the other Party of its inte ntion to terminate the Agreement. 
3. If either Party or any Member State of th e Community violates any of the material 
provisions of the Agreement, the other Party may, on giving written notice to that effect, suspend or terminate in whole or in  part co-operation under this Agreement. 
Before either Party takes action to that effect, the Parties shall consult with a view to reaching agreement on the corrective measur es to be taken and on the time-scale 
within which such measures shall be taken. Such action shall be taken only if there 
 
EN 16   EN has been failure to take agreed measures wi thin the agreed time or, in the event of 
failure to reach agreement after the lapse of a period of time defined by the Parties. 
4. The present Agreement replaces the Agreem ent signed by the Parties on the 6th day 
of October, 19592 and amended on 1959, 1978, 1981, 1985 and 1991.  
This Agreement shall be drawn up in duplicat e, in the Bulgarian, Czech, Danish, Dutch, 
English, Estonian, Finnish, French, German, Gr eek, Hungarian, Italian, Latvian, Lithuanian, 
Maltese, Polish, Portuguese, Romanian, Slova k, Slovenian, Spanish and Swedish languages, 
all twenty-two texts being equally authentic.  
IN WITNESS WHEREOF, the und ersigned, being duly authorized thereto have signed the 
present Agreement.  
For the European Atomic Energy Commun ity For the Government of Canada 
                                                 
2 OJ 1165/59 
 
EN 17   EN ANNEX A.1  - Equipment 
1. Nuclear reactors and especially designe d or prepared equipment and components 
therefor 
1.1. Complete nuclear reactors 
1.2. Nuclear reactor vessels 
1.3. Nuclear reactor fuel charging and discharging machines 
1.4. Nuclear reactor contro l rods and equipment 
1.5. Nuclear reactor pressure tubes 
1.6. Zirconium tubes 
1.7. Primary coolant pumps 
1.8. Nuclear reactor internals 
1.9. Heat exchangers 
1.10. Neutron detection and measuring instruments 
2. Plants for the reprocessing of irradiated fuel elements, and equipment especially 
designed or prepared therefor 
2.1. Irradiated fuel element chopping machines 
2.2. Dissolvers 
2.3. Solvent extractors and solvent extraction equipment 
2.4. Chemical holding or storage vessels 
3. Plants for the fabrication of nuclear reactor  fuel elements, and equipment especially 
designed or prepared therefor 
4. Plants for the separation of isotopes of na tural uranium, depleted uranium or special 
fissionable material and equipment, other th an analytical instruments, especially 
designed or prepared therefor 
4.1. Gas centrifuges and assemblies and component s especially designed or prepared for 
use in gas centrifuges 
4.1.1.  Rotating components 
4.1.2.  Static components 
4.2. Especially designed or prepared auxiliar y systems, equipment and components for gas 
centrifuge enrichment plants 
 
EN 18   EN 4.2.1. Feed systems/product and tails withdrawal systems 
4.2.2. Machine header piping systems Especially designed or prepared piping system s and header systems for handling UF6 within 
the centrifuge cascades. 
4.2.3 Special shut-off and control valves 4.2.4. UF6 mass spectrometers/ion sources 4.2.5. Frequency changers 4.3. Especially designed or prepared assemblies and components for use in gaseous diffusion 
enrichment 
4.3.1. Gaseous diffusion barriers 4.3.2. Diffuser housings 4.3.3. Compressors and gas blowers 4.3.4. Rotary shaft seals 4.3.5. Heat exchangers for cooling UF6 4.4. Especially designed or prepared auxiliary systems, equipment and components for use in 
gaseous diffusion enrichment 
4.4.1. Feed systems/product and tails withdrawal systems 
Especially designed or prepared process system s, capable of operating at pressures of 300kPa 
(45psi) or less. 
4.4.2. Header piping systems 4.4.3. Vacuum systems 4.4.4. Special shut-off and control valves 4.4.5. UF6 mass spectrometers/ion sources 4.5. Especially designed or prepared syst ems, equipment and components for use in 
aerodynamic enrichment plants 
4.5.1. Separation nozzles 4.5.2. Vortex tubes 4.5.3. Compressors and gas blowers 4.5.4. Rotary shaft seals 
 
EN 19   EN 4.5.5. Heat exchangers for gas cooling 
4.5.6. Separation element housings 4.5.7. Feed systems/product and tails withdrawal systems 4.5.8. Header piping systems 4.5.9. Vacuum systems and pumps 4.5.10. Special shut-off and control valves 4.5.11. UF6 mass spectrometers/Ion sources 4.5.12. UF6/carrier gas separation systems 4.6. Especially designed or prepared systems, equipment and components for use in chemical 
exchange or ion exchange enrichment plants 
4.6.1. Liquid-liquid exchange columns (Chemical exchange) 4.6.2. Liquid-liquid centrifugal cont actors (Chemical exchange) 
4.6.3. Uranium reduction systems and equipment (Chemical exchange) 4.6.4. Feed preparation systems (Chemical exchange) 4.6.5. Uranium oxidation systems (Chemical exchange) 4.6.6. Fast-reacting ion exchange re sins/adsorbents (Ion exchange) 
4.6.7. Ion exchange columns (Ion exchange) 
4.6.8. Ion exchange reflux systems (Ion exchange) 
4.7. Especially designed or prepared systems,  equipment and components for use in laser-
based enrichment plants 
4.7.1. Uranium vaporization systems (AVLIS) 4.7.2. Liquid uranium metal handling systems (AVLIS) 4.7.3. Uranium metal 'product' and 'ta ils' collector assemblies (AVLIS) 
4.7.4. Separator module housings (AVLIS) 4.7.5. Supersonic expansion nozzles (MLIS) 4.7.6. Uranium pentafluoride pr oduct collectors (MLIS) 
4.7.7. UF6/carrier gas compressors (MLIS) 4.7.8. Rotary shaft seals (MLIS) 
 
EN 20   EN 4.7.9. Fluorination systems (MLIS) 
4.7.10. UF6 mass spectrometers /ion sources (MLIS) 
4.7.11. Feed systems/product and tails withdrawal systems (MLIS) 4.7.12. UF6/carrier gas separation systems (MLIS) 4.7.13. Laser systems (AVLIS, MLIS and CRISLA) 4.8. Especially designed or prepared systems, equipment and components for use in plasma 
separation enrichment plants 
4.8.1. Microwave power sources and antennae Especially designed or prepared microwave power sources and ante nnae for producing or 
accelerating ions. 
4.8.2. Ion excitation coils 4.8.3. Uranium plasma generation systems 4.8.4. Liquid uranium metal handling systems 4.8.5. Uranium metal 'product' and 'tails' collector assemblies 4.8.6. Separator module housings 4.9. Especially designed or prepared syst ems, equipment and components for use in 
electromagnetic enrichment plants 
4.9.1. Electromagnetic isotope separators 
4.9.2. High voltage power supplies 4.9.3. Magnet power supplies. 5. Plants for the production or concentrati on of heavy water, deuterium and deuterium 
compounds and equipment especially designed or prepared therefor 
5.1. Water - Hydrogen Sulphide Exchange Towers 5.2. Blowers and Compressors 5.3. Ammonia-Hydrogen Exchange Towers 5.4. Tower Internals and Stage Pumps 5.5. Ammonia Crackers 5.6. Infrared Absorption Analyzers 5.7. Catalytic Burners 
 
EN 21   EN 5.8. Complete heavy water upgrade systems or columns therefor 
6. Plants for the conversion of uranium and pl utonium for use in the fabrication of fuel 
elements and the separation of uranium isotopes as defined in sections  4 and 5 respectively, 
and equipment especially desi gned or prepared therefor 
6.1. Plants for the conversion of uranium and equipment especially designed or prepared 
therefor 
6.1.1. Especially designed or prepared systems fo r the conversion of uranium ore concentrates 
to UO3 
6.1.2. Especially designed or prepared sy stems for the conversion of UO3 to UF6 
6.1.3. Especially designed or prepared sy stems for the conversion of UO3 to UO2 
6.1.4. Especially designed or prepared sy stems for the conversion of UO2 to UF4 
6.1.5. Especially designed or prepared sy stems for the conversion of UF4 to UF6 
6.1.6. Especially designed or prepared syst ems for the conversion of UF4 to U metal 
6.1.7. Especially designed or prepared sy stems for the conversion of UF6 to UO2 
6.1.8. Especially designed or prepared sy stems for the conversion of UF6 to UF4 
6.1.9. Especially designed or prepared syst ems for the conversion of UO2 to UCl4 
6.2. Plants for the conversion of  plutonium and equipment espe cially designed or prepared 
therefor 
6.2.1. Especially designed or prepared systems for the conversion of plutonium nitrate to 
oxide 
6.2.2. Especially designed or prepared systems for plutonium metal production 
 
EN 22   EN ANNEX A.2  - Complete installations 
1. Nuclear reactors; 
2. Plants for the reprocessing of irradiated fuel elements; 
3. Plants for the fabrication of nuclear reactor fuel elements; 
4. Plants for the separation of isotopes of na tural uranium, depleted uranium or special 
fissionable material; 
5. Plants for the production or concentration of heavy water, deuterium and deuterium 
compounds; 
6. Plants for the conversion of plutonium. 
 
EN 23   EN ANNEX B - Reprocessing  
The guidelines set forth below should cover re processing and plutonium storage and use: 
(a) an effective commitment to non-prolifer ation should have been made and should 
continue to be maintained by the part y envisaging reproce ssing and plutonium 
storage and use; 
(b) all nuclear material subject to a peaceful uses commitment  in facilities involved in 
reprocessing and the storage and use of  plutonium should be subject to IAEA 
safeguards; 
(c) all nuclear material subject to a peaceful uses commitment  in facilities involved in 
reprocessing and the subsequent storag e and use activities,  including related 
transport, should be subject to ad equate physical protection measures; 
(d) mutually satisfactory notific ation and material reporting procedures should be in 
place between the parties ; 
(e) a description of the curre nt and planned nuclear en ergy programme including in 
particular a detailed description of the po licy, legal and regulatory elements relevant 
to reprocessing and plutonium storage a nd use should be provided by the party 
envisaging such activities., 
(f) the parties should agree to periodic and timel y consultations at which inter alia the 
information provided under guideline (e) should be updated and significant changes 
in the nuclear energy progra mme would receive the fullest  possible consideration ; 
(g) the reprocessing and plutonium storage envi saged should only take  place so long as 
the commitment of the party in question to non-proliferation does not change and so 
long as the commitment to periodic and tim ely consultations refe rred to in guideline 
(f) is honoured. 
 
EN 24   EN DRAFT AGREED MINUTES 
In connection with the Agreement between th e Government of Canada and the European 
Atomic Energy Community (EURATOM) for Co- operation in the Peaceful Uses of Nuclear 
Energy, signed at […] (hereinaft er referred to as "the Agreement"), the undersigned hereby 
record the following understandings: 
(1) With reference to the provisions of paragra ph 3 of Article IV, it  is confirmed that 
they are applicable only to  technology transfers made between Canada and the 
Member States having expressed their wi llingness to place such  transfers in the 
framework of the Agreement which are listed  in the Annex to these Agreed Minutes. 
(2) With reference to the provisions of paragra ph 5, sub-paragraph (i), of Article IV, it is 
understood that it is the Parties' intent to  treat foreign-origin nuclear material and 
non-nuclear material produced or processed in a complete  installation as per Annex 
A.2 supplied by the other Party as being s ubject to the obligations set out in the 
Agreement, notably the accountancy and reporting obligations of Article V, paragraph 5.c). 
(3) For the purpose of paragraph 5, sub-paragraph (ii), of Article IV, the Parties wish to 
emphasize that "non-nuclear material" refe rs to non-nuclear material supplied in 
significant quantities to the ot her Party for the purpose of being used as moderator. 
(4) With reference to the list se t out in Annex A.2, it is confirmed that th is list does not 
apply to the transfer of e quipment listed in Annex A.1 and that the sole purpose of 
the list set out in Annex A.2 is in relati on to the application of paragraph 5, sub-
paragraphs i) and iii), of Article IV, which is limited to full installations.  
SIGNED at Brussels, […] For the European Atomic Energy Commun ity For the Government of Canada 
ANNEX 
List of EU Member States that  have expressed their willingness to place technology transfer 
in the framework of the Agreement.