COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(91) 21 final 
Brussels, 4 February 1991 
Proposal for a 
COUNCIL DECISION 
approving the conclusion of an exchange of letters amending the Agreement 
between the European Atomic Energy Community (Euratom) and the Government 
of Canada for cooperation in the peaceful uses of atomic 
energy of 6 October 1959 
(presented by the Commission) 
EXPLANATORY MEMORANDUM 
1. On 23 April 1990, the Council adopted directives to be followed by 
the Commission for the negotiation of an amendment to the 
Euratom/Canada Agreement, to lay down the conditions for the supply 
of tritium and tritium-related equipment from Canada to Euratom for 
the purposes of the Euratom Fusion Programme, pursuant to the 
Memorandum of Understanding concerning co-operation in the field of 
fusion of 6 March 1986. 
2. Accordingly, the Commission and Canada, following exchanges of 
draft texts In writing, negotiated and agreed ad referendum, in 
Ottawa on 22 October 1990, the exchange of letters attached to the 
draft Council Decision contained In the Annex. 
3. This text applies to tritium and tritium-related equipment 
supplied by Canada for uses In the Euratom Fusion Programme, as 
well as to tritium produced or processed with such equipment 
(hereinafter referred to together as "tritium Items"). 
4. Tritium Items are made, by virtue of operative paragraph 1 of the 
exchange of letters, subject to the Euratom/Canada Agreement, as 
amended. The same provision recalls the two main consequences of 
such an application of the Agreement: 
(a) peaceful and non-explosive use; 
(b) Canadian prior consent for retransfers of tritium Items outside 
the Community. 
5. Paragraph 2, which provides for Canadian prior consent for uses in 
the Community other than In the Euratom Fusion Programme, Is 
consequential to the fact that the scope of the amendment is 
limited, In accordance with Council Directives, to supplies for the 
Fusion programme. 
6. Under paragraph 3, the Community undertakes to apply to tritium 
Items, as part of Its safeguards system, appropriate recording, 
accounting and inventory procedures. Because of the lack, so far, 
of any International precedent, as regards safeguards procedures on 
tritium Items, the same provision recalls that such measures are 
open to review by the Joint Technical Working Group (JTWG) or, upon 
request, to consultations between the Parties. 
7. Paragraph 4 makes applicable to retransfers of tritium Items to 
third countries co-operating In or with the Fusion programme, on 
condition that they have given Canada assurances equivalent to 
those provided by the Community, the simplified mechanism, based on 
generic consent, Introduced by the Exchange of Letters of 21 June 
1985<1>. 
3. As regards physical protection on tritium items, It is noted that, 
since no international consensus has, as yet, been developed In 
this field, the commitment laid down by paragraph 5 is couched In 
very general terms. It will be up to the Member States to apply 
any measures which they deem "appropriate", to protect tritium 
items against unauthorised removals or uses. 
9. Given the relevance of the Fusion Programme for the purpose of this 
Exchange of Letters, paragraph 6 (a) provides that the Community 
shall notify Canada of any future substantial changes and that any 
such change could be reviewed, upon request, at consultations 
between the Parties. 
10. The Commission Is convinced that this amendment of the 
Euratom/Canada Agreement, which Is consistent with Council 
Directives, will make possible transfers of tritium items In the 
full respect of both Community law and Canadian non-proliferation 
policy, without Imposing any unreasonable burden on Community 
undertakings participating in the Fusion programme. 
11. The Commission therefore Invites the Council to approve the 
Decision set out in the Annex. 
(1) O.J. E.C., C 191, 31.7.85, p.3. 
Council Decision approving the conclusion by the 
Commission of an Exchange of Letters amending 
the Agreement between the European Atomic Energy 
Community (Euratom) and the Government of Canada for 
co-operation in the peaceful uses of atomic energy 
of 6 October 1959 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Atomic Energy 
Community, and In particular the second paragraph of Article 101 
thereof, 
Having regard to the draft decision presented by the Commission, 
WHEREAS the Commission has carried out negotiations In accordance 
with Council directives on an Exchange of Letters amending the 
Agreement between the European Atomic Energy Community (Euratom) and 
the Government of Canada for co-operation in the peaceful uses of 
atomic energy of 6 October 1959, 
WHEREAS the conclusion by the Commission of that Exchange of 
Letters should be approved, 
HAS DECIDED AS FOLLOWS 
SQle Article 
The conclusion by the Commission of the Exchange of Letters amending 
the Agreement between the European Atomic Energy Community (Euratom) 
and the Government of Canada for co-operation in the peaceful uses of 
atomic energy of 6 October 1959, Is hereby approved. 
The text of the Exchange of Letters Is attached to this Decision. 
Done In Brusseis 
For the CounclI 
The President 
4 
Exchange of Letters 
between the European Atomic Energy Community (EURATOM) 
and the Government of Canada 
amending the 
Agreement between the European Atomic Energy Community 
(Euratom) and the Government of Canada 
for co-operation in the peaceful uses 
of atomic energy of 6 October 1959 
A. Letter from the Community 
Excellency 
I refer to the history of co-operation between Euratom and 
Canada in*the peaceful use of atomic energy and in the field of 
fusion research and development and to the common desire of 
Euratom and Canada to pursue their co-operation in these domains. 
In the development of this co-operation, I note the 
importance of the Agreement between the European Atomic Energy 
Community (Euratom) and the Government of Canada for co-operation 
in the peaceful uses of atomic energy f signed on 6 October 1959 
and subsequently amended by exchanges of letters of 16 January 
1978, 18 December 1981 and 21 June 1985 (hereinafter referred to 
as "the Agreement") and the Memorandum of Understanding between 
the European Atomic Energy Community represented by the 
Commission of the European Communities and the Government of 
Canada concerning co-operation in the field of fusion research 
and development, concluded on 6 March 1986. 
Euratom requires substantial quantities of tritium for the 
implementation of the Euratom programme of research and training 
in the field of controlled thermonuclear fusion. I note that 
Canada has declared its readiness to supply tritium and tritium-
related equipment for this purpose subject to appropriate non-
proliferation assurances. 
At present, tritium and tritium-related equipment do not 
come within the purview of the Agreement. The Agreement can 
provide the basis for the application of non-proliferation 
assurances to tritium and tritium-related equipment transferred 
from Canada to Euratom for use in the Fusion Programme, and to 
tritium produced or processed with such equipment. 
I have therefore the honour to propose that the Agreement be 
completed by the following provisions: 
1. Tritium and tritium-related equipment transferred from 
Canada to Euratom, whether directly or indirectly, for use 
in the Fusion Programme and tritium produced or processed 
with such equipment (all such tritium and tritium-related 
equipment being hereinafter referred to as "tritium items") 
shall be subject to the Agreement. Accordingly, in 
particular, such tritium items: 
(a) shall not be used for the manufacture of any 
nuclear weapon or for other military uses of 
nuclear energy or for the manufacture of any other 
nuclear explosive device; and 
(b> shall not be retransferred beyond the territories 
in which the Euratom Treaty is applied, except as 
provided for in paragraph 4 of this exchange of 
letters, without the prior written consent of the 
Government of Canada. 
2. Unless the prior written consent of the Government of Canada 
is obtained for another use, tritium items subject to the 
Agreement shall only be used in the Fusion Programme. 
3. With reference to the undertakings made in article IX of the 
Agreement and paragraph c of the Exchange of Letters of 16 
January 1978, Euratom shall apply to tritium items 
appropriate recording, accounting and inventory procedures. 
These procedures shall be regularly reviewed by the Joint 
Technical Working Group (J.T.W.G.), and, at the request of 
either Contracting Party, shall be subject to consultations 
in accordance with Article XIII of the Agreement. 
4. (a) Paragraph 2 of the Exchange of Letters of 21 June 1985 
shall apply to retransfers of tritium items, for use in 
connection with the Fusion Programme, to third parties 
co-operating in or with the Fusion Programme. 
(b) Pursuant to this exchange of letters, Canada shall 
identify a third party, in accordance with paragraph 2 
(a) i) of the Exchange of Letters of 21 June 1985, once 
it has given Canada appropriate non-proliferation 
assurances equivalent to those provided by the present 
exchange of letters. 
(c) The waiver provided in paragraph 4 of the Exchange of 
Letters of 21 June 1985 shall be deemed to apply to a 
tritium item received by Euratom from a third party 
identified in accordance with (b) above which has 
identified the tritium item as being subject to an 
agreement with Canada. For greater certainty, the 
tritium item so received shall become subject to the 
Agreement upon receipt. 
5. Appropriate measures shall be applied within the Community 
to prevent unauthorized taking and use of tritium items 
subject to the Agreement. 
6. a) "Fusion Programme" means the Euratom programme of 
research and training in the field of controlled 
thermonuclear fusion as adopted by the Council of the 
European Communities by "Council Decision of 25 July 1988 
adopting a multinannual research and training programme in 
the field of controlled thermonuclear fusion" 
(88/448/EURATOM), (O.J.E.C. N°. L.222, 12. 8. 1988, p.6.) 
and, for the purpose of greater certainty, includes 
Euratom1s participation in the International Thermonuclear 
Experimental Reactor (ITER). Each time a change is made to 
the substance of the Euratom programme of research and 
training in the field of controlled thermonuclear fusion, 
Euratom shall notify Canada of the change. At the request 
of either Contracting Party, any change to the Fusion 
Programme shall be reviewed at consultations pursuant to 
Article XIII of the Agreement. 
b) "Tritium-related equipment" means equipment specially 
designed or prepared for the production, recovery, 
. extraction, concentration or handling of tritium and its 
* compounds and mixtures. 
c) "Tritium" includes compounds and mixtures that contain 
tritium in which the ratio of tritium to hydrogen by atoms 
is greater than 1 part in 1000. 
If the foregoing is acceptable to the Government of Canada, 
I have the honour to propose that this letter, which is authentic 
in both English and French, together with your Excellency's reply 
to that effect, shall constitute an agreement amending the 
Agreement. The present agreement shall enter into force as of 
the date of your Excellency's reply to this letter and shall 
remain in force so long as any tritium items referred to in this 
letter remain in existence or it is otherwise agreed. 
Please accept, Your Excellency, the assurance of my highest 
consideration. 
i 
Letter from the Government of Canada 
Sir, 
I have the honour to acknowledge receipt of your letter of today's date 
which reads, as follows: 
"l refer to the history of co-operation between Euratom and 
Canada in*the peaceful use of atomic energy and in the field of 
fusion research and development and to the common desire of 
Euratom and Canada to pursue their co-operation in these domains. 
In the development of this co-operation, I note the 
importance of the Agreement between the European Atomic Energy 
Community (Euratom) and the Government of Canada for co-operation 
in the peaceful uses of atomic energy, signed on 6 October 1959 
and subsequently amended by exchanges of letters of 16 January* 
1978, 18 December 1981 and 21 June 1985 (hereinafter referred to 
as "the Agreement") and the Memorandum of Understanding between 
the European Atomic Energy Community represented by the 
Commission of the European Communities and the Government of 
Canada concerning co-operation in the field of fusion research 
and development, concluded on 6 March 1986. 
Euratom requires substantial quantities of tritium for the 
implementation of the Euratom programme of research and training 
in the field of controlled thermonuclear fusion. I note that 
Canada has declared its readiness to supply tritium and tritium-
related equipment for this purpose subject to appropriate non-
proliferation assurances. 
At present, tritium and tritium-related equipment do not 
come within the purview of the Agreement. The Agreement can 
provide the basis for the application of non-proliferation 
assurances to tritium and tritium-related equipment transferred 
from Canada to Euratom for use in the Fusion Programme, and to 
tritium produced or processed with such equipment. 
I have therefore the honour to propose that the Agreement be 
completed by the following provisions: 
1. Tritium and tritium-related equipment transferred from 
Canada to Euratom, whether directly or indirectly, for use 
in the Fusion Programme and tritium produced or processed 
with such equipment (all such tritium and tritium-related 
equipment being hereinafter referred to as "tritium items") 
shall be subject to the Agreement. Accordingly, in 
particular, such tritium items: 
(a) shall not be used for the manufacture of any 
nuclear weapon or for other military uses of 
nuclear energy or for the manufacture of any other 
nuclear explosive device; and 
(b> shall not be retransferred beyond the territories 
in which the Euratom Treaty is applied, except as 
provided for in paragraph 4 of this exchange of 
letters, without the prior written consent of the 
Government of Canada. 
2. Unless the prior written consent of the Government of Canada 
is obtained for another use, tritium items subject to the 
Agreement shall.only be used in the Fusion Programme. 
3. With reference to the undertakings made in article IX of the 
Agreement and paragraph c of the Exchange of Letters of 16 
January 1978, Euratom shall apply to tritium items 
appropriate recording, accounting and inventory procedures. 
These procedures shall be regularly reviewed by the Joint 
Technical Working Group (J.T.W.G.), and, at the request of 
either Contracting Party, shall be subject to consultations 
in accordance with Article XIII of the Agreement. 
4. (a) Paragraph 2 of the Exchange of Letters of 21 June 1985 
shall apply to retransfers of tritium items, for use in 
connection with the Fusion Programme, to third parties 
co-operating in or with the Fusion Programme. 
(b) Pursuant to this exchange of letters, Canada shall 
identify a third party, in accordance with paragraph 2 
(a) i) of the Exchange of Letters of 21 June 1985, once 
it has given Canada appropriate non-proliferation 
assurances equivalent to those provided by the present 
exchange of letters. 
(c) The waiver provided in paragraph 4 of the Exchange of 
Letters of 21 June 1985 shall be deemed to apply to a 
tritium item received by Euratom from a third party 
identified in accordance with (b) above which has 
identified the tritium item as being subject to an 
agreement with Canada. For greater certainty, the 
tritium item so received shall become subject to the 
Agreement upon receipt. 
5. Appropriate measures shall be applied within the Community 
to rr-Qve-^t -nr.'thorized taking and use of tritium items 
subject to the Agreement. 
a) "Fusion Programme" means the Euratom programme of 
research and training in the field of controlled 
thermonuclear fus-ion. as adopted by the Council of the 
European Communities by "Council Decision of 25 July 198 8 
adopting a multinannual research and training programme in 
the field of controlled thermonuclear fusion" 
(88/448/EURATOM) , (O.J.E.C. N°. L-.222, 12. 8. 1988, p. 6.) 
and, for the purpose of greater certainty, includes 
Euratom's participation in the International Thermonuclear 
Experimental Reactor (ITER). Each time a change is made to 
the substance of the Euratom programme of research and 
training in the field of controlled thermonuclear fusion, 
Euratom shall notify Canada of the change. At the request 
of either Contracting Party, any change to the Fusion 
Programme shall be reviewed at consultations pursuant to 
Article- XIII of the Agreement. 
b) "Tritium-related equipment" means equipment specially 
designed or prepared for the production, recovery, 
extraction, concentration or handling of tritium and its 
compounds and mixtures. 
c) "Tritium" includes compounds and mixtures that contain 
tritium in which the ratio of tritium to hydrogen by atoms 
is greater than 1 part in 1000." 
I have the honour to Inform you that the Government of Canada Is In 
agreement with the contents of your letter, and to confirm that your 
letter and this reply, which Is authentic In English and French, shall 
constitute an agreement amending the Agreement between the Government 
of Canada and the European Atomic Energy Community (Euratom) of 6 
October 1959, as amended, which shall enter Into force on the date of 
this letter and shall remain In force so long as any tritium Items 
referred to In this letter remain In existence or It Is otherwise 
agreed. 
Please accept, Your Excellency, the assurance of my highest 
considérât Ion. 
For the Government of Canada 
t> 
ISSNÛ254-147S 
C0M(91) 21 final 
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