EN    EN  COMMISSION OF THE E UROPEAN COMMUNITIES 
Brussels, 16.11.2004 
COM(2004) 755 final 
  
COMMUNICATION FROM THE CO MMISSION TO THE COUNCIL 
concerning the conclusion of an agreement for R&D co-operation in the peaceful uses  
of nuclear energy between the European  Atomic Energy Community (Euratom)  
and the government of the People's Republic of China 
 
EN 2   EN COMMUNICATION FROM THE CO MMISSION TO THE COUNCIL 
concerning the conclusion of an agreement for R&D co-operation in the peaceful uses  
of nuclear energy between the European  Atomic Energy Community (Euratom)  
and the government of the People's Republic of China 
By its decision of 11th June 2003, the Counc il issued directives to the Commission to 
negotiate with the Chinese authorities a coope ration agreement between Euratom and China, 
mainly centered on research and development,  but also containing provisions on possible 
trade of nuclear material.  
During a negotiating session held mid-October in  Beijing, the Chinese authorities confirmed 
their position, already expressed twice before, to see this agreement entirely and exclusively 
devoted to scientific and technical cooperati on between China and the Community. On this 
basis an agreed text was established.  
This draft agreement, based on mutual interest, envisages access of each Party to the research 
activities of the other Party. It covers all the fields of research appearing in the Euratom 
Framework programme1. 
The agreement envisages the possibility for each Party to use for the purpose of R&D 
facilities of the other Party. This is particular ly interesting for the Community, whose nuclear 
research plants are ageing while China deve lops and builds new and powerful facilities.  
The present agreement contains specific pr ovisions on aspects connected with non-
proliferation and control of nuc lear materials, physical prot ection, nuclear sa fety and the 
conditions of retransfer of nuclear material.  
The agreement will respect existing bilateral ag reements between China and certain Member 
States.  
At the time of the adoption of the mandate, th e Council and the Commission agreed that the 
Council would informally be kept informed on the development of the negotiations based of 
the texts under discussion. A presentation of the draft agreement therefore took place in the 
Council on Wednesday 27 October.  
The Council is invited to approve the text of th e agreement in view of its conclusion by the 
Commission on behalf of the European Atomic Energy Community and in accordance with Article 101, subparagraph 2 of the Euratom Treaty. 
                                                
 
1 2002/668/Euratom: Council Decision of 3 June 2002 concerning the sixth framework programme of the 
European Atomic Energy Community for nuclear res earch and training activities, also contributing to 
the creation of the European Re search Area (2002 to 2006). 
 
EN 3   EN ANNEX  
Agreement for R&D co-operation in the peaceful uses of nuclear energy  
between the European Atomic Energy Community (Euratom)  
and the government of the People's Republic of China 
THE EUROPEAN ATOMIC ENERGY COMMUNITY (EURATOM), 
hereinafter referred to as ’the Community’, on the one part, and THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA, hereinafter referred to as ‘China’ on the other part, hereinafter referred to as the ‘Parties’; DESIRING to further develop a long-term, stab le co-operation which may benefit to China, 
the Community and its Member States in th e peaceful and non-explosive uses of nuclear 
energy on the basis of mutual benefit and reciprocity; 
CONSIDERING the 1985 Agreement on trade and economic cooperation between the 
European Economic Community and the People's Republic of China and noting that there has also been active co-operation and information exchange in a number of scientific and technological areas under the Agreement for scie ntific and technological cooperation between 
the European Community and the Government of the People's Republic of China signed in 
1998; 
CONSIDERING the importance of  science and technology fo r their economic and social 
development and desiring to establish a form al basis for cooperatio n in scientific and 
technological research which will extend and st rengthen the conduct of cooperative activities 
in the fields of common interest in the peacef ul uses of nuclear energy and encourage the 
application of the results of such coopera tion to their economic and social benefit; 
WHEREAS co-operation in the peaceful uses of nuclear energy between the Community and 
China should further enhance research in area s of common interest as  well as economic co-
operation;  
CONSIDERING that the Community and Chin a are currently pursuing research and 
development activities in the area of peaceful uses  of nuclear energy and that participation in 
each other's research and development activities on a basis of reciprocity will provide mutual 
benefits; 
CONSIDERING, in particular, the willingne ss of both the Community and China to 
strengthen their co-operation in the field of c ontrolled thermonuclear fusion within the present 
agreement and if appropriate within a dedicated agreement . 
 
EN 4   EN REAFFIRMING the strong commitment of the G overnment of China, the Community and the 
Governments of its Member States to nuclear  non-proliferation incl uding the strengthening 
and efficient application of the related safe guards and export control regimes under which co-
operation in the peaceful uses of nuclear ener gy between China and the Community should be 
carried out; 
REAFFIRMING the support of the Governme nt of China, the Community and the 
Governments of its Member States for the obj ectives of the International Atomic Energy 
Agency (IAEA, hereinafter referred to as “the  Agency”), including its safeguards system and 
their desire to promote universal adherence to the Treaty on the Non-Proliferation of Nuclear 
Weapons, done on July 1, 1968 (hereinafter referre d to as “the Non-Pr oliferation Treaty”); 
NOTING that nuclear safeguards are applied in the Community both under Chapter VII of the 
Euratom Treaty and under safeguards agreemen ts concluded between the Community, its 
Member States and the IAEA; 
WHEREAS it is appropriate to provide a legal framework for promoting co-operation in all 
potential peaceful uses of nuclear energy, focu sing particularly on present opportunities of 
mutual benefit, 
RECOGNIZING that China, the Community a nd its Member States have attained a 
comparably advanced level in the peaceful uses of nuclear energy and in the security afforded 
by their respective laws and regulat ions concerning health, safety, the peaceful uses of nuclear 
energy and the protection of the environment; 
CONSIDERING that this Agreement for co-opera tion in the peaceful uses of nuclear energy 
is within the context of the global co operation between China and the Community, 
HAVE AGREED AS FOLLOWS: 
Article 1 
Purpose 
The overall purpose of this Agreement is to enc ourage and facilitate coop eration, in fields of 
common interest in the peaceful, non-explosive,  non-military uses of nuclear energy with a 
view to strengthening the overall co-opera tive relationship between the Community and 
China. 
The main objective of the Agreement is to foster scientific and technical co-operation between 
the Community and China and, in particular to f acilitate the part icipation of Chinese research 
entities in research projects carried out in th e framework of the releva nt Community research 
programmes and to ensure a reci procal participation of research entities of the Community 
and its Member States in Chinese projects in similar areas of research. 
 
EN 5   EN Article 2 
Definitions 
For the purpose of this Agreement: 
1. ‘Parties’ means the Government of China and the European Atomic Energy Community. 
‘Party’ means one of the above ‘Parties’. 
2. ‘The Community’ means both:  (a) the legal person created by the Treaty es tablishing the European Atomic Energy 
Community (Euratom); and 
 (b) the territorities to which the Euratom Treaty applies. 3. ‘cooperative activity’ means any activity which the Parties undertake or support, pursuant 
to this Agreement, and includes joint research; 
4. ‘information’ means scientific or technica l data, results or met hods of research and 
development stemming from joint research and any other data deemed necessary by the participants to cooperative act ivities; including, as necessa ry, by the Parties themselves; 
5. ‘intellectual property’ shall have the mean ing defined in Articl e 2 of the Convention 
establishing the World Intellectual Property Or ganisation, done at Stockholm, 14 July 1967; 
6. ‘joint research’ means research or technologi cal development that is implemented with or 
without financial support from one or both Pa rties and that involv es collaboration by 
participants from both the Commun ity and China and is designated as joint research in writing 
by the Parties or their scientific and technol ogical organisations and agencies implementing 
the scientific research program mes. In the case where there is  funding by only one Party the 
designation is made by that Party an d the participant in that project; 
7. ‘Participant’ or ‘research entities’ means any person moral or private, any research institute 
or any other legal entity or firm establishe d in the Community or in China involved in 
cooperative activitie s including the Part ies themselves; 
8. ‘Results of intellectual activity’ means information and/or intellectual property; 
9. The term “nuclear material” means (a) “source material”, namely, uranium containing the mixture of  isotopes occurring in nature; 
uranium depleted in the isotope 235; thorium; any of the foregoing in the fo rm of metal, alloy, 
chemical compound, or concentrate; any other material containing one or more of the 
foregoing in such concentration as the Board of Governors of the Agency determines under 
Article XX of the Statute of the Agency, done on October 26, 1956 (hereina fter referred to as 
“the Statute”), and the appropriate authorities of both Parties inform each other, in writing, to 
accept; and such other material as th e Board of Governors of the Agency  determines under 
Article XX of the Statute and the appropriate aut horities of the Parties inform each other, in 
writing, to accept. 
 
EN 6   EN (b) “special fissionable material”, namely, pl utonium; uranium-233; uranium enriched in the 
isotope 233 or 235; any material  containing one or more of th e foregoing; and such other 
material as the Board of Gove rnors of the Agency determines  under Article XX of the Statute 
and the appropriate authorities of both Parties inform each other, in writing, to accept. The 
term “special fissionable material” do es not include “source material”. 
10. "Sensitive nuclear material" means separated plutonium (including pl utonium contained in 
mixed oxide fuel) or uranium enriched to more  than 20 % in the isot ope 235 and/or uranium 
233. 
Article 3 
Principles 
Cooperative activities shall be conducted on the basis of the following principles: 
1. mutual benefit based on an overall balance of  advantages; 
2. reciprocal access to the activities of resear ch and technological development undertaken by 
each Party; 
3. timely exchange of information which may affect  the actions of participants in cooperative 
activities; 
4. effective protection of intell ectual property and equitable sh aring of intellectual property 
rights. 
Article 4 
Areas of cooperative activities 
Cooperation under this Agreement may cover all the activities of research, technological 
development, hereinafter referred to as ‘R&D ’, included in the Framework Programme of the 
European Atomic Energy Community for nucl ear research and tr aining activities under 
Article 7 of the Treaty establishing the Eur opean Atomic Energy Community and all similar 
R&D activities in China in  the corresponding scientific  and technological fields. 
Co-operation under this Agreement shall be ca rried out within the sc ope of the respective 
competences of each Party, and shall include the following areas: 
(a) radiation protection an d radiological monitoring; 
(b) nuclear safeguards; (c) nuclear safety and nuclear technology; (d) innovative concepts; (e) nuclear metrology and reference materials; (f) nuclear medicine ; 
 
EN 7   EN (g) decommissioning of nuclear installations; 
(h) management of radioactive waste; (i) controlled thermonuclear fusion; (k) nuclear education and training; (l) other areas of co-operation as may be mutually agreed upon by the Parties. 
Article 5 
Forms of cooperative activities 
1. Subject to their applicable laws, regulations and policies, the Parties shall foster, to the 
fullest extent practicable, the i nvolvement of particip ants in cooperative ac tivities u nder this 
Agreement with a view to providing comparab le opportunities for pa rticipation in their 
scientific and technolog ical research and development activities. 
2. Cooperative activities may take the following forms: (a) participation of Chinese research entities to R&D projects under the Framework 
Programmes of the European Atomic Energy Co mmunity for nuclear research and training 
activities and participation of research enti ties established in the Community to Chinese 
projects in similar sectors of R&D. Such a part icipation is subject to the rules and procedures 
applicable in each Party, 
(b) pooling of R&D projects already implemented according to the procedures applicable in 
the R&D programmes of each Party,  
(c) visits and exchanges of scie ntists and technical experts, 
(d) joint organisation of scientif ic seminars, conferen ces, symposia and wo rkshops, as well as 
participation of experts to those activities, 
(e) exchanges, sharing and transfer of sample s, materials, instruments and apparatus for 
experimental purposes, 
(f) exchanges of information on practices, la ws, regulations and programmes relevant to 
cooperation under this Agreement, 
(g) any other modality that would be recommended by the Steering Committee, established in 
accordance with Article 12 of this Agreement, and deemed in conformity with the policies 
and procedures applicable in both Parties. Th e joint R&D projects shall be implemented when 
the participants have developed a technology ma nagement plan, as indicated in the Annex B 
to this Agreement. 
Any transfers of nuclear material carried out pursuant to the co-operation referred to this 
Article shall be made in accordan ce with the relevant internati onal commitments of the Parties 
and of the Member States of the Community in  relation to peaceful uses of nuclear energy. 
 
EN 8   EN Article 6 
Items subject to the Agreement 
1. Nuclear material transferre d between China and the Community, whether directly or 
through a third country, shall become subject to this Agreement upon its entry into the 
territorial jurisdiction of the receiving Party, provided that the supplying Party has notified the 
receiving Party in writing of the intended transfer and the receiving Party has confirmed in 
writing that such item will be held subject to th is Agreement and that the proposed recipient, 
if other than the receiving Party, will be an authorised person under the territorial  jurisdiction 
of the receiving Party. 
2. Nuclear material subject to this Agreement shall remain subject to this Agreement until: 
(a) such items have been tran sferred beyond the territo rial jurisdiction of  the receiving Party 
in accordance with the relevant  provisions of this Agreement; 
(b) the Parties agree that such items shoul d no longer be subject to this Agreement;  
or (c) in the case of nuclear mate rial, it is determined in accord ance with the provisions for the 
termination of safeguards in the relevant agreemen ts referred to in paragraph 1. of Article 8 of 
this Agreement, that the nuclear material has been consumed, or has been diluted in such a 
way that it is no longer usable for any nuclear activity  relevant from the point of view of 
safeguards, or has become practicably irrecoverable. 
3. The appropriate authorities of the Parties sh all establish and if n ecessary amend operational 
procedures for the purpose of  the effective implementation of the provisions of this 
Agreement and in particular the written not ifications and confir mations required under 
paragraphs 1. and 2. above. 
Article 7 
Peaceful use 
1. Co-operation under this Agreement shall be ca rried out only for peac eful and non-explosive 
purposes. 
2. Nuclear material, transferred pursuant to this  Agreement shall not be used other than for 
peaceful purposes; nor shall it be used for any nuclear explosive device, for research on or for 
development of any such device. 
Article 8 
Nuclear Safeguards 
Co-operation under this Agreement shall require the application, as appropriate, of safeguards 
by the Community and acceptance of the applica tion of safeguards by the Agency. Therefore, 
nuclear material transferred pursuant to this Agreement shall be subject to safeguards by the 
 
EN 9   EN Community while on its territory, pursuant to the Euratom Treaty and by the Agency pursuant 
to the following safeguards agreements (a s they may be revised and replaced): 
1. the Agreement between the Republic of Austri a, the Kingdom of Belgium, the Kingdom of 
Denmark, the Republic of Finland, the Federa l Republic of Germany, the Hellenic Republic, 
Ireland, the Italian Republic, the Grand Du chy of Luxembourg, the Kingdom of the 
Netherlands, the Portuguese Republic, the King dom of Spain, the Kingdom of Sweden, the 
Czech Republic, the Republic of Estonia, the Republic of Cyprus , the Republic of Latvia, the 
Republic of Lithuania, the Republic of Hunga ry, the Republic of Malta, the Republic of 
Poland, the Republic of Slovenia and the Slovak Republic, the Community and the Agency in 
implementation of Article III (1) and (4) of th e Treaty on the Non-Prol iferation of Nuclear 
Weapons done on April 5, 1973 (hereinafter  referred to as "the Safeguards Agreement for the 
non-nuclear weapon Member States of the Community "), as supplemented by an Additional 
Protocol, done on September 22, 1998 (INFCIRC/193); 
2. the Agreement between the United Kingdom of  Great Britain and Northern Ireland, the 
Community  and the Agency for the application of sa feguards in the United Kingdom of Great 
Britain and Northern Ireland in connection with the Non-Proliferation Treaty, done on 
September 6, 1976 (hereinafter referred to as  "the Safeguards Agreement for the United 
Kingdom"), as supplemented by an Additiona l Protocol done on September 22, 1998; and 
3. the Agreement between France, the Community , and the Agency for the application of 
safeguards in France, done on July 27, 1978 (hereinafter refe rred to as "the Safeguards 
Agreement for France"), as supplemented by  an Additional Protocol  done on September 22, 
1998. 
4. The Agreement between the People’s Repub lic of China and th e IAEA (INFCIRC/369), 
which entered into force on 18 September 1989 and was supplemented, by the Additional Protocol which entered in to force in March 2002. 
Implementation of relevant pr ovisions of the Agreement shall not impose upon Member 
States obligations additional to those resulting from the appli cation by the IAEA of the above 
mentioned agreements or those resulting from their bilateral agreements, where appropriate. 
Article 9 
Physical protection 
1. In respect of nuclear material  transferred pursuant  to this Agreement, the Government of 
China, the Governments of the Member States  of the Community and, as appropriate, the 
European Commission, shall apply measures of physical protection accord ing to the criteria 
which they have individually adopted. Furt hermore, the Parties recognise that the 
recommendations laid down in IAEA documen t INFCIRC/225/rev.4 (‘P hysical protection of 
nuclear material and nuclear facilities’), as th ey may be updated from time to time, serve as 
useful orientations for setting up systems fo r the physical protection of nuclear materials 
coming under this Agreement while in use, storage and transit. 
2. In respect of international tr ansport of nuclear material subject to this Agreement, China, 
the Member States of the Community and, as  appropriate, the Community shall act in 
conformity with the provisions of the Conve ntion on the Physical Protection of Nuclear 
 
EN 10   EN Material, which entered into force on Febr uary 8, 1987 (INFCIRC/274/Rev 1), to which they 
are parties. 
Article 10 
Nuclear safety 
The provisions of the “Convention on Nucl ear Safety” (CSN - IAEA document 
INFCIRC/449) to which China, EURATOM and its  Member States are pa rties shall apply. No 
additional obligations to thos e assumed under the CNS on the pa rties to the Agreement and 
the Member States shall arise. 
Article 11 
Retransfers 
1. Nuclear material, transferred pursuant to this Agreement sh all not be retr ansferred beyond 
the territorial jurisdiction of the receiving Party, except into the territorial jurisdiction of the supplying Party, unless the receiving Party is provided with the assu rances of fulfilment of the 
conditions set out in Annex A of this Agreemen t in an appropriate way, or unless, in the 
absence of such assurances, the prior writte n consent of the supplyi ng Party is obtained. 
2. In addition to complying with the provisions of paragraph 1 above, the sensitive nuclear 
material transferred pursuant to this Ag reement shall not be retransferred beyond the 
territorial jurisdiction of the Pa rties, except into the territorial  jurisdiction of  the supplying 
Party, without the prior written consent of the supplying Party unless, in  the case of sensitive 
nuclear material transferred from China to the Community, it will be subject to the 
appropriate bilateral ag reement for co-operation in the peaceful uses of nuclear energy 
between China and the receiving third country  or, in the case of transfers from the 
Community to China, the receiving third countr y is included on a list to be drawn up by the 
Community, and notification of such retransfer s has been given by the receiving Party to the 
supplying Party.  
Article 12 
Coordination and facilitation  of cooperative activities 
1. The coordination and facilitation of cooperati ve activities under this  Agreement shall be 
accomplished on behalf of China, by the Ministry  of Science and Technology and, on behalf 
of the Community, by the services of the Co mmission of the European Communities, acting 
as executive agents. 
2. The executive agents shall establish a Steering R&D Cooperation Committee, hereinafter 
referred to as the ‘Steering Committee’ for the management of this Agreement; this Committee shall consist of an equal number of o fficial representatives of each Party; it shall 
establish its own ru les of procedure. 
 
EN 11   EN 3. The functions of the Steer ing Committee shall include: 
(a) promoting and overseeing the di fferent cooperative activities as mentioned in Article 4 as 
well as those that would be implemented in the framework of R&D cooperation for development; 
(b) indicating, for the following year, pursuant to Article 5.2, first indent, among the potential 
sectors for R&D cooperation, those priority sectors or sub-sectors of mutu al interest in which 
cooperation is sought; 
(c) proposing, pursuant to Article 5.2, second indent, to the scientists of both Parties the 
pooling of their projects which would be of mutual benefit and complementary; 
(d) making recommendations pursuant to Article 5.2, seventh indent; 
(e) advising the Parties on wa ys to enhance and improve c ooperation consistent with the 
principles set out in this Agreement; 
(f) reviewing the efficient functioning and implementation of this Agreement; 
(g) providing, every three years, a report to the Parties on the status, the level reached and the 
effectiveness of cooperation undert aken under this Agreement.  
4. The Steering Committee shall, as a genera l rule, meet annually, according to a jointly 
agreed schedule; the meetings should be held alternatively in the Community and in China. 
Extraordinary meetings may be organi sed at the request of either Party. 
5. The costs incurred by the Steering Committee or  in its name shall be borne by the Party to 
whom members relate. The costs other than those for travel and accommodation which are 
directly associated with mee tings of the Steering Committee sh all be borne by the host Party. 
Article 13 
Funding 
1. Cooperative activities shall be subject to the availability of  appropriate funds and to the 
applicable laws and regulations, policies and programmes of the Parties. The costs incurred by 
the participants to cooperative activities will not lead to any transfer of funds from one Party 
to the other. 
2. When specific cooperative schemes of one  Party provide for financial support to 
participants from the other Part y, any such grants, financial or  other contributions from one 
Party to the participants of th e other Party in support of those activities shall be granted tax 
and customs exemption in accordance with th e laws and regulations applicable in the 
territories of each Party. 
 
EN 12   EN Article 14 
Entry of personnel and experimental equipment 
Each Party shall take all reasonable steps and use its best efforts, within the laws and 
regulations applicable in the te rritories of each Party, to facil itate entry to, sojourn and exit 
from its territory of persons, material, da ta, samples, instruments and apparatus for 
experimental purposes involved in or used in cooperative activities id entified by the Parties 
under the provisions of this Agreement. In par ticular, goods imported into  the territory of one 
of the parties for the purpose of the agreemen t shall be exempted from customs duties and 
levies. 
Article 15 
Diffusion and utilisation of information 
The research entities establis hed in China which are involve d in Community R&D projects 
shall follow, as regards the ownership, diffusion and utilisation of information and as regards 
the intellectual property stemming from this invol vement, the rules of diffusion of research 
results stemming from the Community R&D specific programmes as well as the provisions of the Annex B to this Agreement, which is an integral part of this agreement.  
The research entities established in the Community which are involved in Chinese R&D 
projects have, as regards the ownership, diffusion and utilisation of information and as regards 
the intellectual property stemming from this involvement, the same rights and the same 
obligations as the Chinese research entities and are subject to the provisions of the Annex B to 
this Agreement.  
The provisions of this Agreement shall not be used for the purpose of seeking commercial or 
industrial advantages, nor of in terfering with the commercial or  industrial interests, whether 
domestic or international, of either Party or authorised persons, nor of  interfering with the 
nuclear policy of either Party or  of the Governments of the Me mber 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 notified to be made subject to this 
Agreement either within the respective territori al jurisdiction of the Parties or between the 
Parties. 
Article 16 
Confidentiality 
Without prejudice to application of Article 15,  each Party undertakes to  keep secret, even 
after the termination or end of this Agreement, any information, facts or events concerning the 
other Party and not directly related to the su bject of the Agreement that they may have 
become acquainted with in the course of its execution. 
 
EN 13   EN Article 17 
Territorial application 
This Agreement shall apply, on the one hand to th e territories in which the Treaty establishing 
the European Atomic Energy Community is a pplied and under the conditions laid down in 
that Treaty, and on the other hand to the territory of the People's Republic of China. This shall 
not prevent the conduct of coopera tive activities on the high seas, outer space, or the territory 
of third countries, in accordance with international law. 
Article 18 
Bilateral nuclear co-operation agreements 
This agreement shall be without prejudice to ex isting bilateral agreemen ts between individual 
Member States of the Community and China.  Furthermore, this Agreement shall be without pr ejudice to existing agreements or agreements 
to be concluded in the future  between individual Member Stat es of the Community and China 
covering the transfer of othe r nuclear items (equipment, non- nuclear material and sensitive 
technology). 
Article 19 
Entry into force, termination and dispute settlement 
1. This Agreement shall enter into force on the date on which the Parties have notified each 
other in writing that their respective internal pr ocedures necessary for its entry into force have 
been completed. 
2. This Agreement shall remain in force for a period of thirty years and shall continue in force 
thereafter for additional pe riods of five years each.  
3. This Agreement may be amended by agreement of  the Parties. Amendments shall enter into 
force on the date on which the Parties have notif ied each other in writi ng that their respective 
internal procedures necessary for amendi ng this Agreement have been completed. 
4. Either Party may, by giving six months' writte n notice to the other Party, terminate this 
Agreement at the end of the initial thirty-year pe riod or at the end of any subsequent five-year 
period.. The expiry or termination of this Agreem ent shall not affect the validity or duration of 
any arrangements made under it, or any specific ri ghts and obligations th at have accrued in 
compliance with the Annex B. 
5. If either Party or a Member State of the Community at any time following the entry into 
force of this Agreement takes act ion of any kind which results in  a material violation of its 
obligations under this Agreement and in particular its obliga tions under Articles 7, 8, 9 and 
11, the other Party shall have the right to ceas e further co-operation und er this Agreement or 
to suspend or terminate, in whol e or in part, this Agreement. 
 
EN 14   EN 6. All questions or disputes rela ted to the interpretation or implementation of this Agreement 
shall be settled by mutual agreement between the Parties. 
7. Notwithstanding cessation of further co-operati on under this agreement in whole or in part, 
the termination of this Agreement for any reas on, the provisions of Articles 7, 8, 9, 11, 15 and 
16 of this Agreement shall continue to apply. 
8. This agreement is drawn up in duplicates in 21 languages (Danish, Dutch, English, Finnish, 
French, German, Greek, Italian, Portuguese, Spanish, Swedish, Czech, Estonian, Hungarian, 
Lithuanian, Latvian, Maltese, Po lish, Slovak, Slovenian and Chinese. English and Chinese 
shall be the authentic languages. 
In witness whereof, the undersigned, being dul y authorised thereto, have signed this 
Agreement.  
Done at, ………….., in two copies, in the English and Chinese languages. 
For the European Atomic 
Energy Community For the Government of the 
People's Republic of China 
 
EN 15   EN ANNEX A  
1. Items retransferred will be used only fo r peaceful and non-explosive purposes in the 
receiving third country. 
2. If the receiving third country is a non-nuclear  weapon state, all nucle ar material in that 
country is and will be subject to the application of safeguards by the Agency. 
3. In the case that nuclear material is retr ansferred, safeguards by the Agency will be 
applied to the nuclear material in the receiving third country. 
4. In the case that nuclear material is re transferred, adequate measures of physical 
protection of the nuclear material will be maintained in the receiving third country, as a minimum, at levels set out in Article 9 of this Agreement. 
5. Items retransferred will not be further re transferred beyond the receiving third country 
to another country unless the latt er country provides assurances equivalent to those set out in 
this Annex A. 
 
EN 16   EN ANNEX B-1  
Guiding principles on the allocation of intell ectual property rights resulting from joint 
research activities under the Agreement 
I. OWNERSHIP, ALLOCATION AND EXERCISE OF RIGHTS 
1. This Annex shall apply to joint research  activities under this Agreement except as 
otherwise agreed by the Parties. The part icipants shall jointly develop technology 
management plans (TMPs) in respect of the ownership and use, incl uding publication, of 
information and intellectual proper ty, hereinafter referred to as results of intellectual activities 
(RIA), to be created in the course of joint research. The TMPs shall be approved by the Parties before the conclusion of any specific R & D cooperation 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, peculiarities of  licensing by territory or for a specific field of 
use, requirements imposed by laws applicable and other factors deemed appropriate by the 
participants. The rights and obligations concerni ng the research generated by visiting 
researchers under this Agreement in respect of RI A shall also be addressed in the joint TMPs. 
2. RIA created in the course of joint research and not addressed in the TMP shall be allocated, 
with the approval of the Parties, according to the principles set out in the TMP. In case of disagreement, such RIA shall be owned jointly by all the participants involved in the joint 
research from which the RIA results. Each participant to whom this provision applies shall have the right to use such RIA for his ow n commercial exploitatio n with no geographical 
limitation. 
3. Each Party shall ensure that the other Party and its participants shall have the rights to RIA 
allocated to them in accord ance with these principles. 
4. While maintaining the conditions of competiti on in areas affected by this Agreement each 
Party shall endeavour to ensure that right s acquired pursuant to this Agreement and 
arrangements made under it are exercised in su ch a way as to enc ourage in particular: 
(i) the dissemination and use of information cr eated, disclosed legally, or otherwise legally 
made available, under the Agreement; 
(ii) the adoption and implementation of  international technical standards. 
II. COPYRIGHT WORKS 
1. Copyright belonging to the Pa rties or to their participants  shall be accorded treatment 
consistent with the Berne Convention for the prot ection of literary and artistic work (Paris Act 
1971). 
2. Without prejudice to section III of this Annex, 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: 
(a) in the case of publication by a Party or its ot her participants, of scientific and technical 
journals, articles, reports, books, including video and software, of the results arising from 
 
EN 17   EN joint research pursuant to this Agreement, the other Party or its other participants shall be 
entitled to a worldwide, non-ex clusive, irrevocable, royalty -free licence to translate, 
reproduce, adapt, transmit and pub licly distribute such works; 
(b) the Parties shall ensure that literary work s of a scientific character arising from joint 
research pursuant to this Agreement and published by independent publishers shall be 
disseminated as widely as possible; 
(c) all copies of a copyright wo rk to be publicly distributed and prepared under the provisions 
of this Agreement shall indicate the names or  pseudonyms of the author(s) of the work unless 
an author or authors expressly declines or decl ine to be named. The copies shall also bear a 
clearly visible acknowledgment of the cooperat ive support of the Parties and/or their 
representatives and/or organisations. 
III. UNDISCLOSED INFORMATION 
1. Documentary undisclosed information 
(a) Each Party or its participan ts, as appropriate, shall identify  at the earliest possible moment 
and preferably in the TMP, the information that it wishes to re main 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 for the 
third party, 
— previous protection of the information in the sense that it has been subject to steps that 
were reasonable under the circum stances by the person la wfully in control, to maintain its 
secrecy, 
the Parties and their participants may, in certain cases, agree, that, unle ss otherwise indicated, 
parts of or all the information provided, exchanged or created in the course of joint research 
pursuant to the Agreement shall not be disclosed; 
(b) each Party shall ensure that undisclosed information under this Agreement and its ensuing 
privileged nature is readily recognisable 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 this 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; 
(c) undisclosed information communicated under this Agreement may be disseminated by the 
receiving Party to persons within or employe d by the receiving Party, and other concerned 
departments or agencies in the receiving Party authorised for the specific purposes of the joint 
research under way, provided that any undisclo sed information so disseminated shall be 
 
EN 18   EN pursuant to a specific agreemen t on confidentiality a nd shall be r eadily recognisable as such, 
as set out above; 
(d) with the prior written cons ent of the Party providing undi sclosed information under this 
Agreement, the receiving Party may disseminate  such undisclosed information more widely 
than otherwise permitted in paragraph (c). The Parties shall cooperate in developing procedures for requesting and obtaining prior written consent for such wider dissemination, 
and each Party will grant such approval to th e extent permitted by its domestic policies, 
regulations and laws. 
2. Non-documentary undisclosed information Non-documentary undisclosed or other confidential or privile ged 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 principles specif ied for documentary information in this Annex, 
provided, however, that the recipient of such undi sclosed or other confidential or privileged 
information has been made aware of the c onfidential character of the information 
communicated at the time such communication is made. 
3. Control Each Party shall endeavour to ensure that undis closed information rece ived by it under this 
Agreement shall be controlled as provided therei n. 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 1 and 2, it shall immedi ately inform the other Party. The Parties shall 
thereafter consult to define an  appropriate course of action.  
 
EN 19   EN ANNEX B-2  
Indicative features of a tec hnology management plan (TMP) 
The TMP is a specific agreement to be co ncluded between the pa rticipants, about the 
implementation of joint research and the respecti ve rights and obligations of the participants. 
With respect to RIA, the TMP will normally address, inter alia : ownership, protection, user 
rights for R & D purposes, exploitation and diss emination, including arrangements for joint 
publication, the rights and obligations of visiting researchers and dispute settlement 
procedures. The TMP may also address fo reground and background information, licensing 
and deliverables.