EN    EN EN 
EN    EN  EUROPEAN COMMISSION 
Brussels, 2.3.2011 
SEC(2011) 243 final 
  
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 
Australia 
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 
Australia 
A. EXPLANATORY  MEMORANDUM 
1. I NTRODUCTION  
There is an existing Euratom-Australia Agreement which will expire in early 2012. Since 
Australia is one of the main uranium suppliers to the EU nuclear power plant operators, there 
is a need to maintain the agreement in order to  provide a stable legal framework for relations 
in this domain. 
The scope of the current agreement is limited to tr ansfers of nuclear material from Australia to 
the European Atomic Energy Community. Theref ore, in accordance w ith the directives 
negotiated with the Council, the Commission ha s enlarged the scope of the Agreement to 
include transfers of materi als, equipment and technology. 
While certain EU Member States have bilate ral agreements with Australia, this Euratom 
Agreement ensures equal treatment for all Member  States and their operators, and reduces the 
need to have numerous  bilateral agreements between Australia and individual EU Member 
States. 
The Agreement will provide for a broad cooperati on in the area of peaceful 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 – the Government of Australia and the Community - which will facilitate the 
cooperation in this field. 
2. I MPORTANCE OF THE AGREEMENT  
For Euratom, the interest in signing this Agreement is based on the fact that Australia is one 
of its main suppliers of natural uranium. Facilit ating trade in the nuclear domain contributes to 
the Community's policy of security of energy s upply and diversification of energy sources. 
The importance of the conclusion of this Agreement is mainly based on commercial needs. Australia is the world’s third largest producer of uranium with  a production capacity of about 
8 000 t U/year (19% of global uranium productio n). Australia's uranium reserves are the 
world's largest, with 23% of the total. Pr oduction and exports average about 10,000 tonnes of 
uranium oxide (8500 tU) per year.  
Australia's uranium is sold strictly for el ectrical power generation only, and safeguards
 are in 
place to ensure this. Australia is a party to the Nuclear Non-Prolifera tion Treaty (NPT) as a 
non-nuclear weapons state. Its safeguards agre ement under the NPT came into force in 1974 
and it was the first countr y in the world to bring into force th e Additional Protoc ol in relation 
EN 3   EN to this - in 1998. In addition to these interna tional arrangements Australia requires customer 
countries to have entered into a nuclear  cooperation agreement with Australia.  
Furthermore, the conclusion of the presen t Agreement reaffirms the commitments of 
Australia, the Community and the Governments of  the Member States of the European Union, 
to the strengthening and strict  application of safeguards, export controls, and physical 
protection. 
3. G ENERAL SCHEME OF THE AGREEMENT  
The objective of the Agreement is cooperation in the peaceful uses of nuclear energy between 
Euratom and Australia. The scope of coopera tion (Article III) mainly comprises nuclear 
safety, the supply of nuclear material, technology transfer, transfer of equipment and radiation 
protection, safeguards, use of radioisotopes. The present Agreement builds on the Agreement 
from 1981, which only covered transf ers of nuclear material from Australia to Euratom. The 
revised Agreement is bi-directional in nature. 
With the aim of updating, it revises outdated provi sions and, as far as po ssible, consolidates 
the main text with its annexes and the attached  exchange of notes. The current provisions on 
non-proliferation, safeguards, physical protecti on, transfer and retran sfer, as well as on 
consultation and administrative arrangements, c onfidentiality and dispute resolution as set out 
in the existing Agreement and in the exchange of notes between the Government of Australia 
and the European Atomic Energy Community were kept. 
In order to respond to the wish of both Parties for extension of its scope and in line with the 
most recent developments, like the enlargemen ts of the Community, the new Agreement also 
includes additional provisions, considered as of importance by the concerned Euratom 
Member States and the Government of Australia. 
In terms of structure, the Agreement further defines the items subject to this Agreement 
(Article IV) – different forms of nuclear a nd non-nuclear material an d describes in detail 
modalities for trade in nuclear material, non-nucl ear material and equipment (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 an d in compliance with the relevant safeguards 
agreements (in the Community, Euratom safeguards pursuant to the Euratom Treaty as well as 
the IAEA Safeguards Agreements and their Additional Protocols1). Transports of nuclear 
materials should be in conform ity with the provisions of th e International Convention on the 
Physical Protection of Nuclear Material2.  
In addition, the Agreement restates the princi ples of free movement of nuclear materials 
within the Community. Intellectual property issues  (Article IX) are dealt with in detail, as 
well as the modalities of Exchange of Inform ation (Article X). In order to guarantee the 
smooth implementation of the Agreement, a sp ecific article on Consul tation and Arbitration 
(Article XV) is being introduced, if questions on the correct application of the Agreement should arise. The initial duration of the Agreem ent will be 30 years, i.e. mirroring the 1981 
Agreement (Article XVIII). 
                                                
 
1 INFCIRC/540 
2 INFCIRC/274/Rev.l 
EN 4   EN B. RECOMMENDATION 
The Commission considers that the Agreement for cooperation in the peacef ul uses of nuclear 
energy between the European Atomic Energy Community and the Government of Australia, 
whose adoption is proposed: 
– is in conformity with the negotiating dire ctives issued by the Council on 9 June 2010; 
– 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 be tween the EU and Austra lia 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, 
the Agreement for cooperation in  the peaceful uses of nuclear energy between the European 
Atomic Energy Community and the G overnment of Australia, in Annex. 
EN 5   EN ANNEX  
AGREEMENT BETWEEN THE GOVER NMENT OF AUSTRALIA AND 
THE EUROPEAN ATOMIC ENERGY COMMUNITY (EURATOM) FOR CO-
OPERATION IN THE PEACEFUL USES OF NUCLEAR ENERGY 
The Government of Australia  and the European Atomic Energy Community (Euratom), 
hereinafter referred to as "the Community", 
DESIRING to promote their cooperation in th e use of nuclear energy for peaceful purposes; 
CONSIDERING that the Agreement between the Government of Australia and the European 
Atomic Energy Community concerning transfers of nuclear material from Australia to the 
European Atomic Energy Community done at Brussels on 21 September 1981 is limited in 
scope and expires in 2012; 
REAFFIRMING the strong commitment of the G overnment of Australia, 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 energy between Australia and the 
Community is carried out; 
REAFFIRMING the support of the Government of Australia, 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; 
REAFFIRMING the strong commitment of the G overnment of Australia, the Community and 
its Member States to the Convention on the Phys ical Protection of Nuclear Material done at 
New York and Vienna on 3 March 1980 and entering into force generally on 8 February 1987 and for Australia on 22 October 1987; 
WHEREAS Australia and all Member States of the Community are Parties to the Treaty on 
the Non-Proliferation of Nu clear Weapons done at Washington, London and Moscow on 1 
July 1968 and entering into force on 5 March 1970, hereinafter refe rred to as "NPT"; 
NOTING that nuclear safeguards are applied in all Member States of the Community pursuant 
to both the Treaty establishing the European Atomic Energy Community (hereinafter referred 
to as "the Euratom Treaty") and the safe guards agreements concluded between the 
Community, its Member States and the IAEA; 
NOTING that the Governments of Australia an d of all Member States of the Community 
participate in the Nuclear Suppliers Group; 
NOTING that account should be taken of the commitments made by the Government of 
Australia and the Government of each Member State of the Community in the framework of 
the Nuclear Suppliers Group; 
EN 6   EN RECOGNISING 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 Au stralia under the World Trade Organisation 
agreements; 
REITERATING commitments of the Government  of Australia and the Governments of 
Member States of the Community to their bilate ral agreements in the peaceful uses of nuclear 
energy; 
HAVE AGREED AS FOLLOWS: 
Article I 
Definitions 
For the purpose of this Agreement, except as otherwise specified: 
1. "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. 
2. "competent authority" means: 
– for the Government of Australia, the Australian  Safeguards and Non-
Proliferation Office; 
– 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. 
3. "equipment" means those items listed in S ections 1, 3, 4, 5, 6 and 7 of Annex B of 
IAEA INFCIRC/254/Rev.9/Part 1.  
4. "intellectual property" sha ll have the meaning set out in  Article 2 of the Convention 
establishing the World Intellectual Propert y Organization, done at Stockholm on 14 
July 1967, as amended on 28 September 1979, and may include other subject matter 
as mutually determined by the Parties.  
5. "military purpose" includes but it is not limited to direct military applications of 
nuclear energy such as nuclear weapons  or other nuclear explosive devices 
(including research and development, or pr oduction of tritium for use in such nuclear 
weapons and other nuclear explosive devices), military nuclear propulsion, 
munitions, including depleted uranium mun itions, military nuclear rocket engines or 
military nuclear reactors but does not incl ude indirect uses such as power for a 
military base drawn from a civil power netw ork, or production of radioisotopes to be 
used for diagnosis in a military hospital. 
6. "non-nuclear material" means: 
EN 7   EN – Deuterium and heavy water (deuterium oxide) and any other deuterium 
compound in which the ratio of deuter ium to hydrogen exceeds 1:5000, for use 
in a nuclear reactor, as defined in paragraph (1.1)  of Annex B of IAEA 
INFCIRC/254/Rev.9/Part 1 (Guide lines for Nuclear Transfers), 
– Nuclear grade graphite: graphite, for use in a nuclear reactor, as defined in 
paragraph (1.1) of Annex B of IAEA  INFCIRC/254/Rev.9/Part 1 (Guidelines 
for Nuclear Transfers), having a purity  level better than 5 parts per million 
boron equivalent and with a density greater than 1.50 grams per cubic 
centimetre. 
7. "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 done  at the Headquarters 
of the United Nations on 23 October 1956, a nd which entered into force on 29 July 
1957 (hereinafter referred to as the IAEA's Statute). Any determination by the Board 
of Governors of the IAEA under Article XX of the IAEA's Statute that amends the 
list of material considered to be "source ma terial" or "special fi ssionable material", 
shall only have effect under this Agreemen t when the Parties have informed each 
other in writing that they accept that determination.  
8. "Parties" means the Government of Aust ralia on the one hand and the Community on 
the other hand;  
"the Community" means both: – the legal person created by the Euratom Treaty; and 
– the territories to which the Euratom Treaty applies. 
9. "persons" means any natura l person, undertaking or ot her entity governed by the 
applicable laws and regulations in the respective territorial jurisdiction of the Parties, but does not include the Part ies to this Agreement. 
10. "technology" has the meaning as  defined in Annex A of IAEA 
INFCIRC/254/Rev.9/Part 1 (Guide lines for Nuclear Transfers). 
Article II 
Objective 
The objective of this Agreement is to prov ide 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 prejudice to the resp ective competences of each Party. 
Article III 
Scope of co-operation 
1. Nuclear material, equipment, non-nuclear mate rial or nuclear material produced as a 
by-product shall be used only for peaceful pur poses; and shall not be used for any 
military purpose. 
EN 8   EN 2. The co-operation envisaged between the Pa rties under this Agr eement may include, 
inter alia: 
a) the supply of nuclear material, non-nuclear material, and equipment; 
b) technology transfer, including supply of information relevant  to this Article, 
providing that indivi dual Member States of the Community had expressed their 
willingness to place such transfers in  the framework of this Agreement; 
c) transfer of equipment which has been  designated by the Parties as equipment 
designed, constructed or operated on the basis of or by the use of information 
obtained from the other Party and which is  within the jurisdic tion of one of the 
Parties at the time of designation;  
d) the procurement of equipment and devices; e) access to and use of equipment and facilities; f) management of spent fuel and radioactive waste; g) nuclear safety and radiation protection; h) safeguards, and physical protection of nuclear material and facilities; 
i) use of radioisotopes and radiation in agriculture, industry and medicine; 
j) geological and geophysical explora tion, development, production, further 
processing and use of uranium resources; 
k) nuclear forensics; l) regulatory aspects of the peacef ul uses of nuclear energy; and 
m) other areas relevant to the subject of this Agreement, insofar as they are 
covered by the Parties’ respective programmes. 
3. Co-operation shall extend to nuclear research and development activities of mutual 
interest to the Parties according to comp lementary provisions to be agreed by the 
Parties. 
4. The co-operation referred to in paragraph 2 of this Article may be undertaken in the 
following forms: 
a) organisation of symposia and seminars; b) organisation of joint projects a nd establishment of joint ventures; 
c) establishment of bilateral working groups for implementation of the joint 
projects; 
d) supply of nuclear fuel cycle serv ices including uranium conversion and 
isotopic enrichment; 
EN 9   EN e) trade and commercial cooperation re lating to the nuclear fuel cycle; 
f) transfer of industrial equipm ent and industrial technology; and 
g) other forms of cooperation as may be  determined by the Parties in writing. 
5. The co-operation in specific areas outlined in paragraph 2 of this Article may be 
implemented as necessary through arrangement s between a legal en tity of Australia 
and a legal entity of the Community, which the respective competent authority notifies the other competent authority as bein g duly authorised to implement such co-
operation. Any such arrangements shall incl ude provisions dealin g with intellectual 
property rights protection where such rights exist or arise. 
Article IV 
Items subject to the Agreement 
1. This Agreement shall apply to: 
a) Nuclear material, non-nuclear material, or equipment,  transferred between the 
Parties or their respective persons, whethe r directly or through a third country. 
 Such nuclear material, non-nuclear ma terial, or equipment shall become 
subject to this Agreement upon its entry into the territorial ju risdiction of the 
receiving Party. The supplying Party shall notify the receiving Party in writing of the intended transfer, and the receiving Party shall confirm in writing that such item will be held subject to this Agreement. The proposed recipient, if 
other than the receiving Part y, will be an authorised person under the territorial 
jurisdiction of th e receiving Party. 
b) All forms of nuclear material prepar ed by chemical or physical processes or 
isotopic separation provided th at the quantity of nuclear material so prepared 
shall only be regarded as falling within th e scope of this Agreement in the same 
proportion as the quantity of nuclear materi al used in its preparation, and which 
is subject to this Agreement, bears to the total quantity of nuclear material so 
used;  
c) All generations of nuclear material produced by neutron irradiation provided 
that the quantity of nuclear material so produced shall only be regarded as 
falling within the scope of the Agr eement in the same proportion as the 
quantity of nuclear material  which is subject to this Agreement and which, 
used in its production, contribu tes to this production;  
d) Nuclear material produced, proces sed or used in equipment where: 
 (i) non-nuclear material subject to this  Agreement was principally or wholly 
responsible for the production, processing or  use of that nuclear material and; 
EN 10   EN  (ii) equipment3 subject to this Agreement was wholly responsible for the 
production, processing or use of that nuclear material and; 
 (iii) equipment3 has been designated by the supp lying Party after consultation 
with the recipient Party as being de signed, constructed, manufactured or 
operated on the basis of, or by the use of  technology transferre d subject to this 
Agreement. 
e) Nuclear material which was subject to  the Agreement concerning transfers of 
nuclear material from Australia to the European Atomic Energy Community, 
done at Brussels on 21 September 1981; 
f) Nuclear material which was transferre d from Member States of the Community 
to Australia pursuant to bilateral agreements, and which is notified to the Community at the time this Agreement comes into force; 
g) Nuclear material recovered for nuclea r purposes from ores or concentrates, 
other than uranium ore concentrates, wh ich are transferred between the Parties 
directly or through a third country, and which recovery has been notified by the 
transferring Party as being of  relevance to the Agreement
4.  
2. Nuclear material, non-nuclear material, or eq uipment, referred to in paragraph 1 of 
this 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: 
a) that such item has been re-transferr ed beyond the jurisdictio n of the receiving 
Party in accordance with paragraphs 5 a nd 6 of Article VII of this Agreement; 
b) that nuclear material is no longer usab le for any nuclear activity relevant from 
the point of view of safeguards referred to in paragraph 1 of Article VII or has 
become practically irrecoverable. For the purpose of determining when nuclear 
material subject to this Agreement is no longer us able or is no longer 
practicably recoverable for processing into  a form in which it is usable for any 
nuclear activity relevant from the point  of view of safeguards, both Parties 
shall accept a determination made by the IAEA in accordance with the 
provisions for the termination of sa feguards of the relevant safeguards 
agreement to which the IAEA is a party; 
c) that non-nuclear material and equi pment are no longer usable for nuclear 
purposes; or 
d) that the Parties mutually determine th at it should no longer be subject to this 
Agreement. 
                                                
 
3 For the purpose of this article, equipment is restricted to items 1.1, 3, 4, 5, 6, 7 of Annex B of 
INFCIRC/254/Rev.9/Part 1, but does not include their sub-components. 
4 If such nuclear material cannot be subject to the all of the conditions set out in Article VII, then such 
nuclear material shall not be used until the Partie s have consulted and decided on safeguards and 
physical protection measures to apply. 
EN 11   EN 3. Technology transfer shall be su bject to this Agreement for the Member States of the 
Community that have expressed their will ingness to place such transfers in the 
framework of this Agreement through a written notification from the Member State concerned to the European Commission. A prior notification between the Member 
State(s) concerned and the European Co mmission, on one side, and the Government 
of Australia, on the other, should be given before each transfer. 
Article V 
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 mo re may be used. An arrangement to facilitate 
the implementation of this provision may be established by the Parties. 
Article VI 
Trade in nuclear material, non- nuclear material or equipment  
1. Any transfer of nuclear material, non-nuc lear material or equipment carried out 
pursuant to the co-operation activities shall be made in accordance with the relevant 
international commitments of the Communit y, the Member States of the Community, 
and Australia in relation to peaceful uses of  nuclear energy as listed in Article VII. 
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 G overnment of Australia, of nuclea r material, non-nuclear material 
or equipment. 
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 system for safeguards and co ntrol of nuclear material, non-nuclear 
material or equipment establishe d by the Government  of Australia. 
4. The provisions of this Agreement shall not be used to impede the free movement of 
nuclear material, non-nuclear material, equipment, and technology within the 
territory 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 Treaty and its deri ved legislation, and to Australian laws 
and regulations. 
6. Further to paragraphs 5 and 6 of Article  VII any retransfers of any items or 
technology subject to this Ag reement outside the jurisdicti on of the Partie s shall only 
be made in the framework of the comm itments undertaken by the Governments of 
individual Member States of the Community  and the Government of Australia within 
the group of nuclear supplier countries known as the Nuclear Suppliers Group. In 
particular, the Guidelines for Nuclear  Transfers, as set out in IAEA 
EN 12   EN INFCIRC/254/Rev. 9/Part 1, sh all apply to retransfers of any items subject to this 
Agreement. 
Article VII 
Nuclear Material Subject to the Agreement  
1. Nuclear material subject to this agreement shall be subject to the following 
conditions: 
a) In the Community, to the Euratom sa feguards pursuant to the Euratom Treaty 
and to the IAEA safeguards  pursuant to the follow ing safeguards agreements, 
as they may be revised and repla ced, and in accordance with the Non-
Proliferation Treaty: 
i) The Agreement between the Comm unity's non-nuclear weapon Member 
States, the European Atomic Ener gy Community and the International 
Atomic Energy Agency, done at Brussels on 5 April 1973 and which entered into force on 21 February 1977 (published as IAEA INFCIRC/193); 
ii) The Agreement between France, the European Atomic Energy 
Community and the International Atomic Energy Agency, done in July 1978 and which entered into force on 12 September 1981 (published as IAEA INFCIRC/290); 
iii) The Agreement between the United Kingdom of Great Britain and 
Northern Ireland, the European Atomic Energy Community and the 
International Atomic Energy Agency fo r the application of safeguards in 
the United Kingdom of Great Britain and Northern Ireland in connection 
with the Treaty on the Non-Prolifer ation of Nuclear Weapons, done at 
Vienna on 6 September 1976 and which entered into force on 14 August 1978 (published as IAEA INFCIRC/263);  
iv) The Additional Protocols c oncluded on 22 September 1998 which 
entered into force on 30 April 2004 on the basis of the IAEA INFCIRC/540 (corrected) (Strengthe ned Safeguards System, Part II); 
b) In Australia, to the IAEA safeguards pursuant to the Agreement between 
Australia and the International Atomic Energy Agency for the Application of 
Safeguards in connection with the Treat y on the Non-Prolifer ation of Nuclear 
Weapons, which entered into for ce on 10 July 1974 (IAEA INFCIRC/217); 
supplemented by a Protocol Additional to the Agreement between Australia 
and the International Atomic Energy Ag ency for the application of safeguards 
in connection with the Treaty on the N on-Proliferation of Nuclear Weapons, 
done at Vienna on 23 September 1997 a nd which entered into force on 12 
December 1998 (published as IAEA INFCIRC/217/Add.1). 
2. In the event of the applicati on of any of the Agreements w ith the IAEA referred to in 
paragraph 1 of this Article being suspended or terminated for any reason within the 
Community or Australia, the relevant Party shall enter into an agreement with the 
IAEA which provides for effectiveness and co verage equivalent to that provided by 
EN 13   EN the safeguards agreements referred to in provisions a) or b) of paragraph 1 of this 
Article, or, if that  is not possible, 
a) the Community, as far as it is conc erned, shall apply safe guards 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 a) of paragraph 1 of this ar ticle or, if that is not possible; 
b) the Parties shall enter into arrangem ents for the application of safeguards, 
which provide for effectiveness and cove rage equivalent to that provided by 
the safeguards agreements referred to in provisions a) or b) of paragraph 1 of 
this Article. 
3. Application of physical protection measures shall be at all times at levels which 
satisfy as a minimum the criteria  set out in Annex C of IAEA 
INFCIRC/254/Rev.9/Part 1 (Guidelines for Nu clear Transfers); supplementary to this 
document, the Member States of the Community, the European  Commission, as 
appropriate, and Australia will refer when applying physical protection measures to 
their obligations under the Convention on the Physical Prot ection of Nuclear 
Material done on 3 March 1980, including any amendments that are in force for each 
Party and the recommendations in IAEA  INFCIRC/225/Rev.4 corrected (Physical 
Protection of Nuclear Material). Transport shall be subject to the provisions of the International Convention on the Physical Protection of Nuclear Material done on 3 
March 1980, including any amendments that are in force for each Party, and to the IAEA Regulations for the Safe Transport of Radioactive Material (IAEA Safety 
Standards Series No. TS-R-1). 
4. Nuclear safety and waste management sha ll be subject to the Convention on Nuclear 
Safety, done at Vienna on 17 June 1994 a nd which entered into force on 24 October 
1996 (IAEA INFCIRC/449), the Joint Conven tion on the Safety of Spent Fuel 
Management and on the Safety of Radioa ctive Waste Management, done at Vienna 
on 5 September 1997 and which entered into force on 18 June 2001 (IAEA INFCIRC/546), the Convention on Assistance in the Case of a Nuclear Accident or 
Radiological Emergency, done at Vienna  on 26 September 1986 and which entered 
into force on 26 February 1987 (IAEA INFCIRC/336), the Convention on Early Notification of a Nuclear A ccident, done at Vienna on 26 September 1986 and which 
entered into force on 27 October 1986 (IAEA INFCIRC/335). 
5. Nuclear material subject to this Agr eement shall not be transferred beyond the 
territorial jurisdiction of the receiving Part y without the prior written consent of the 
supplier Party, except in accordance w ith paragraph 6 of this Article. 
6. Upon entry into force of this agreement, the Parties shall exchange lists of third 
countries to which retransf ers by the other Party pursuan t to paragraph 5 of this 
Article are authorised. Each Pa rty shall notify the ot her Party of change s to its list of 
third countries.  
EN 14   EN 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 A.  
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 documented arrangements between the Pa rties and with the relevant international 
agreements and the laws and regulations in for ce in Australia and in the European Union, the 
Community or their Member States.  
Article X 
Exchange of information 
1. (a) The Parties may make available to each other and to persons within the 
Community or under the jurisdiction of the G overnment of Australia, 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 this Agreement. 
(c) Information regarded by the supplyi ng Party as being of commercial value 
shall be supplied only under terms and conditions specified by the Parties. 
2. (a) The Parties shall encourage and facilit ate the exchange of information between 
persons under the jurisdiction of the Gove rnment of Australia on the one hand and 
persons within the Community on the other ha nd on matters within the scope of this 
Agreement. 
(b) Information owned by such persons shall be supplied only with the consent of 
and under terms and conditions to be specified by those persons. 
3. The Parties shall take all a ppropriate precautions to pres erve the confidentiality of 
information received as a result of  the operation of this Agreement. 
Article XI 
Implementation of the Agreement 
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 
Australia 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. 
EN 15   EN 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 Australia and the Community. 
3. The accounting of nuclear material subject to this Agreement will be based on the 
fungibility of the nuclear  material and the principles of proportionality and 
equivalence of nuclear materials as set out in the Administrative Arrangements 
pursuant to Article XII of this Agreement. 
4. Any amendment to IAEA Information Circulars mentioned in Articles I, IV, VI and 
VII of this Agreement shall have effect under this Agreement only when the Parties 
have informed each other in writing thr ough diplomatic channels that they accept 
such amendment. 
Article XII 
Administrative arrangements 
1. The competent authorities of both Parties shall establish administrative arrangements 
to ensure the effective implementation of the provisions of this Agreement. 
2. An administrative arrangement established pursuant to paragra ph 1 of this Article 
may be amended as mutually determined  in writing by the competent authorities.  
Article XIII 
Applicable law 
1. The co-operation provided for in this Ag reement shall be in accordance with the 
laws, regulations in force in Australia and within the European Union as well as with 
the international agreements entered into by the Parties. In the case of 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 Australia 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. 
EN 16   EN Article XIV 
Non-Compliance 
1. 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 unde r this Agreement.  
2. Before either Party takes action to that effect, the Parties shall consult with a view to 
reaching a decision on whether corrective measures are needed, and if so, the corrective measures to be taken and the tim e-scale within which such measures shall 
be taken.  
3. Action pursuant to paragraph 1 of this Arti cle shall be taken only if there has been 
failure to implement the decided measures within the time determined by the Parties 
or, in the event of failure to find a soluti on, after the lapse of a reasonable period of 
time. In these cases, the supplier Party shall have the right to require the return of nuclear material subject to this Agreement. 
4. In the event of detonation of a nuclear explosive device by a non-nuclear weapon 
Member State of the Community or by Australia, the aforementioned provisions 
would apply 
Article XV 
Consultation and arbitration 
1. At the request of either Party, represen tatives of the Parties shall meet when 
necessary to consult with each other on matters  arising out of the application of this 
Agreement, to supervise its operation and to discuss arrangements for co-operation 
additional to those provided in this Agreemen t. Such consultations may also take the 
form of an exchange of correspondence. Spec ifically, the Parties shall consult before 
the commencement of new enrichment or reprocessing projects relevant to nuclear material subject to this Agreement. 
2. Any dispute arising out of th e interpretation or application of this Agreement which 
is not settled by negotiation or as may ot herwise be resolved between the Parties 
shall, on the request of either Party, be submitted to an arbitral  tribunal which shall 
be composed of three arbitrators. Each Pa rty shall designate one arbitrator and the 
two arbitrators so designated  shall elect a third, not a national of either Party, who 
shall be the Chairman. If within thirty days  of the request for ar bitration either Party 
has not designated an arbitr ator, the other Party to th e dispute may request the 
President of the Intern ational Court of Justi ce to appoint an arbi trator to the Party 
which has not designated an ar bitrator. If within thirty days of the designation or 
appointment of arbitrators for both the Pa rties the third arbitr ator has not been 
elected, either Party may request the President of the International Court of Justice to appoint the third arbitrator. A majority of the 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 tribuna l. The arbitral procedure sh all be fixed by the tribunal. 
The decisions of the tribunal shall be binding on both Parties and implemented by 
EN 17   EN them. The remuneration of the arbitrators sh all be determined on the same basis as 
that for ad hoc judges of the International Court of Justice. 
3. For dispute resolution purposes, the English version of this Agreement shall be used. 
Article XVI 
Complementary Provisions 
The provisions of any b ilateral nuclear co-operation agreem ents in force between Australia 
and Member States of the Community shall be regarded as complementary to this Agreement 
and shall, where appropriate, be supersed ed by the provisions of this Agreement. 
Article XVII 
Amendments  
1. The Parties may consult, at the request of  either Party, on possible amendments to 
this Agreement, particularly to take acc ount of international developments in the 
field of nuclear safeguards. 
2. This Agreement may be amended if the Parties so agree. 
3. Any amendment shall enter into force on th e date specified by the Parties, by an 
exchange of diplomatic notes between the Parties. 
4. The Annex to this Agreement forms an inte gral part of this Agreement and may be 
amended in accordance with this Article. 
Article XVIII 
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 an initial period of thirty years. Thereafter 
this Agreement shall be automatically rene wed for additional periods of ten 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. Notwithstanding the suspension, termination or  expiration of this Agreement or any 
co-operation hereunder for any reason, the oblig ations in Articles III, IV, V, VI, VII, 
VIII, IX, X, XI, XII and XIII sh all continue in effect so long as any nuclear material, 
non-nuclear material or equipm ent subject to thes e Articles remains in  the territory of 
the other Party or under its jurisdiction or control anywhere or until it is mutually 
determined by the Parties in accordance with the provisions of Article IV that such 
nuclear material is no longer usable, or is  practicably irrecoverable for processing 
into a form in which it is usable, for any nuclear activity relevant  from the point of 
view of safeguards. 
4. This Agreement replaces: 
EN 18   EN a) Agreement between the Government of  Australia and the European Atomic 
Energy Community concerning Transfers of Nuclear Material  from Australia 
to the European Atomic Energy Commun ity, done at Brussels on 21 September 
1981; 
b) Exchange of Notes constituting an Implementing Arrangement, concerning 
International Obligation Exchanges, to the Agreement between the Government of Australia and the European Atomic Energy Community 
(EURATOM) concerning Transfers of Nu clear Material of 21 September 1981, 
done at Brussels on 8 September 1993; 
c) Exchange of Notes constituting an Implementing Arrangement, concerning 
Plutonium Transfers, to the Agreement between the Government of Australia 
and the European Atomic Energy Community (EURATOM) concerning 
Transfers of Nuclear Material of 21 September 1981, done at Brussels on 8 September 1993; and 
d) Exchange of Notes constituting an Implementing Arrangement between the 
Government of Australia and the European Atomic Energy Community 
(EURATOM) concerning Plutonium Tran sfers under the Agreement between 
the Government of Australia and EURA TOM concerning Transfers of Nuclear 
Material from Australia to EURATOM,  and accompanying Side Letter No. 2, 
of 21 September 1981, and the Implem enting Arrangement concerning 
Plutonium Transfers of 8 September 1993. 
Done in duplicate at …………………., in the Bulgarian, Czech, Danish, Dutch, English, 
Estonian, Finnish, French, German, Greek, Hunga rian, Italian, Latvian, Lithuanian, Maltese, 
Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each text 
being equally authentic. 
IN WITNESS WHEREOF, the und ersigned, being duly authorised thereto have signed the 
present Agreement. 
For the European Atomic Energy Commun ity For the Government of Australia 
[signature] [signature] 
EN 19   EN ANNEX A 
REPROCESSING 
Whereas Article VIII of the Agreement provides that nuclear material subject to this 
Agreement (hereinafter referred to as NM SA) shall be reproce ssed only according to 
conditions set out in this Annex. 
The Parties to this Agreement, 
Acknowledging that the separation, storage, tr ansportation and use of plutonium require 
particular measures to reduce the risk of nuclear proliferation; 
Recognizing the role of reproce ssing in connection with efficien t energy use, management of 
materials contained in spent fuel or other peaceful non-explosive us es including research; 
Desiring predictable an d practical implementation of the ag reed conditions set out in this 
Annex, taking into account both their determinati on to ensure the furtherance of the objective 
of non-proliferation and the long-term needs of  the nuclear fuel cycle programmes of the 
Parties; 
Determined to continue to support the develo pment of international safeguards and other 
measures relevant to reprocessing and plutonium , including measures to promote proliferation 
resistance and effectiv e physical protection; 
Have agreed as follows: 
Article 1 
NMSA may be reprocessed subjec t to the following conditions: 
a) reprocessing shall take place for the purpose of energy use or management of 
materials contained in spent fuel, in accordance with the nuclear fuel cycle 
programme mutually determined thr ough consultation between the competent 
authorities; 
b) a description of any proposed nuclear  fuel cycle program me, including details 
on the policy, legal and regulatory framew ork relevant to reprocessing and 
plutonium storage, use and transpor tation shall be provided by the Party 
envisaging such activities; 
c) the recovered plutonium shall be stored and used in accordance with the 
nuclear fuel cycle programme referre d to in paragraph (a) above; and 
d) reprocessing and use of the rec overed plutonium for other peaceful non-
explosive purposes including research shall take place only under conditions mutually determined in writing between the Parties following consultations pursuant to Article 2 of this Annex. 
EN 20   EN Article 2 
Consultations shall be held between the Parties w ithin 40 days of the receipt of a request from 
either Party: 
a) to review the ope ration of the provisions of this Annex; 
b) to consider amendments to the nuclear fuel cycle programme referred to in 
Article 1 of this Annex; 
c) to consider improvements in inte rnational safeguards and other control 
techniques including th e establishment of new and generally accepted 
international mechanisms relevant to  reprocessing and plutonium; or 
d) to consider proposals for reprocessing, use, storage and transportation of the 
recovered plutonium for other peacef ul non-explosive purposes including 
research.