Agreement for Cooperation between the European Atomic Energy Community and the Cabinet of Ministers of Ukraine in the field of nuclear safety
Date: 1999-07-23
Institutions: European Atomic Energy Community, Ukraine
Subjects: Ukraine, cooperation agreement (EU), cooperation policy, environmental protection, nuclear research, nuclear safety, public safety

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AGREEMENT FOR COOPERATION

between the European Atomic Energy Community and the Cabinet of Ministers of Ukraine in the
field of nuclear safety

The EUROPEAN ATOMIC ENERGY COMMUNITY,

hereinafter referred to as ‘the Community’,

of the one part, and

the CABINET OF MINISTERS OF UKRAINE,

of the other part,

both also generally referred to hereinafter as the ‘Party’ or ‘Parties’, as appropriate,

MINDFUL that the Agreement on Partnership and Cooperation signed on 14 June 1994 by the European Union and
Ukraine establishes that the Parties shall cooperate in the nuclear sector, inter alia, through the implementation of an
agreement on nuclear safety;

RECALLING that Ukraine and the Member States of the Community are Parties to the Treaty on the Non Proliferation of
Nuclear Weapons and members of the International Atomic Energy Agency;

RECALLING that the Commission of the European Communities, hereinafter referred to as ‘the Commission’, has respon-
sibilities, inter alia, for laying down basic standards for radiation protection, and for ensuring their implementation, and
for collecting and monitoring radiation data at Community level;

RECALLING that protection of the environment and cooperating in this connection with third parties at Community
level is of importance;

CONSIDERING that the Commission implements a Community research programme in nuclear safety, including reactor
safety, radiation protection, waste management and nuclear plant decommissioning and dismantling, as well as in safe-
guards for nuclear materials, and intends to develop international scientific and technological cooperation on these
subjects with a view to contributing towards internationally accepted nuclear safety principles and guidelines;

CONSIDERING that Ukraine concentrates its efforts on the implementation of research and development programmes
aimed at improving the safety of existing nuclear power plants and the design of new such plants to answer accepted
up-to-date nuclear safety requirements, as well as at solving problems of radioactive waste management and disposal
and of nuclear plant decommissioning;

RECALLING that Ukraine's regulatory activity for the nuclear sector is intended to ensure the protection of the environ-
ment and population in general, as well as the protection of workers, against radiation on the basis of internationally
accepted guidelines and principles;

RECOGNISING that the future contribution of nuclear energy to meet the energy needs of Europe as a whole, with due
consideration for diversification, the economy and the environment and population in general, also depends on devel-
oping satisfactory answers to the safety related issues aforementioned, as well as assessing the safety of existing nuclear
reactors and their necessary back-fitting as a consequence;

MINDFUL of the various forms of coordinated action on nuclear safety envisaged by the Community and Ukraine,

HAVE AGREED AS FOLLOWS:

Article 1

(a) Nuclear reactor safety research

this Agreement

Cooperation under
shall be for peaceful
purposes only and shall be conducted on the basis of mutual
benefit. It shall encourage and contribute to the improvement
of nuclear safety, including the definition and application of
scientifically warranted and internationally accepted nuclear
safety guidelines.

Review and analysis of safety issues and particularly the
impact of nuclear reactor safety on nuclear power develop-
ment; identification of appropriate techniques to improve
nuclear reactor safety through research and development
and evaluation studies on nuclear reactors in operation and
planned.

Article 2

Cooperation shall be as broad as possible and involve the
following areas:

(b) Radiation protection

Research, regulatory aspects, development of safety stan-
dards, training and education, particular attention shall be
paid to low-dose effects, industrial exposures, forecasting of
doses for population and personnel and post-accident
management.

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(c) Nuclear waste management

Assessment and optimisation of geological disposal, and
scientific aspects of the management of long-lived waste.

(d) Decommissioning, decontamination and dismantling of

nuclear installations

Strategies for decommissioning and dismantling nuclear
installations, including radiological aspects.

(e) Research and development on safeguards of nuclear

material

Development and evaluation of nuclear material measure-
ment techniques and characterisation of reference materials
for safeguards activities and development of the systems of
accounting for and control of nuclear materials.

(f) Prevention of illicit trafficking of nuclear material

Cooperation shall relate to the promotion of methods and
techniques of control of nuclear material.

Other areas of cooperation may be added in accordance with
procedures in force on each side.

Article 3

The cooperation shall be implemented in particular

1.
through:

— exchange of technical

information by means of reports,

visits, seminars, technical meetings, etc.,

— exchange of personnel between laboratories and/or bodies
involved on both sides, including for training purposes,

— exchange of samples, materials, instruments and apparatus

for experimental purposes,

— balanced participation in joint studies and activities.

To the extent necessary, implementing arrangements to
2.
set out the scope, terms and conditions to implement specific
cooperation activities, may be entered into by the Parties and/
or by bodies which either Party may eventually entrust with
the aforementioned activities.

The financing of industrial activities shall be excluded

3.
from the scope of this Agreement.

Article 5

1.
In so far as the Community is concerned, this Agreement
shall apply to the territories in which the Treaty establishing
the European Atomic Energy Community applies.

Cooperation under this Agreement shall be in accordance
2.
with the laws and regulations in force as well as with the inter-
national agreements entered into by the Parties.

Each Party shall use its best endeavours, within the frame-
3.
work of the laws and regulations applicable, to facilitate the
accomplishment of formalities involved in the movement of
persons,
the transfer of materials and equipment and the
transfer of currency required to conduct the cooperation.

Article 6

The utilisation and diffusion of information and intellectual
property rights including industrial property rights, patents and
copyrights connected with the cooperation activities under this
Agreement shall be in accordance with the Annexes, which
form an integral part of this Agreement.

Article 7

The Parties shall endeavour to settle all questions connected
through consultations between them-
with this Agreement
selves.

Article 8

A Coordinating Committee

1.
consisting of members
appointed in equal number by the two Parties shall be estab-
lished to supervise the implementation of this Agreement.

The Coordinating Committee shall meet as needed, alter-
2.
nately in the Community and in Ukraine, for regular sessions
in order to:

— review and assess the state of cooperation under this Agree-

ment and prepare annual reports thereon,

Such implementing arrangements may, inter alia, cover finan-
cing provisions, assignment of management responsibilities and
detailed provisions on dissemination of information and intel-
lectual property rights.

— determine by mutual agreement the specific tasks to be
undertaken under this Agreement, without prejudice to the
taking of autonomous decisions by the Parties on their
respective programmes.

3.
In order to minimise duplication of efforts, the Parties
shall endeavour to coordinate their activities under this Agree-
ment with other international activities related to nuclear safety
in which they are participants.

3.
If mutually agreeable, extraordinary sessions may be held
for dealing with particular topics, or in particular circum-
stances.

Article 4

Each Party's obligations under this Agreement shall be

1.
subject to the availability of the required funds.

Article 9

1.
This Agreement shall enter into force on the date on
which the Parties exchange diplomatic notes informing each
other that their respective internal procedures necessary for its
entry into force have been completed and shall remain in force
for an initial period of 10 years (1).

All costs resulting from cooperation shall be borne by the

2.
Party that incurs them.

(1) This agreement shall enter into force on 13 November 2002.

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Thereafter, this Agreement shall be automatically renewed
2.
for five-year periods, unless either Party, by written notice,
requests its termination or renegotiation not later than six
months prior to the expiry date.

This Agreement may be terminated at any time by either

3.
Party upon six month's written notice.

Termination of this Agreement shall not affect rights and

4.
obligations under Article 6.

Article 10

1.
This Agreement may be amended by mutual written
agreement of the Parties, in accordance with their respective
laws and regulations. Amendments shall form an integral part
of this Agreement.

2.
In the event of amendment, termination or renegotiation,
this Agreement shall remain in force in its previous form with
respect to cooperation activities effectively entered into prior to
the entry into force of the amendment or prior to the request
for termination or renegotiation until the end of such activities
and relative implementing arrangements but not more than for
one calendar year after the expiry of this Agreement in its
previous form.

Done at Kiev on 23 July 1999 in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek,
Italian, Portuguese, Spanish, Swedish and Ukrainian languages, each text being equally authentic.

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Por la Comunidad Europea de la Energía Atómica
På Det Europæiske Atomenergifællesskabs vegne
Für die Europäische Atomgemeinschaft
Για την Ευρωπαϊκή Κοινότητα Ατοµικής Ενέργειας

For the European Atomic Energy Community
Pour la Communauté européenne de l'énergie atomique
Per la Comunità europea dell'energia atomica
Voor de Europese Gemeenschap voor Atoomenergie
Pela Comunidade Europeia da Energia Atómica
Euroopan atomienergiayhteisön puolesta
På Europeiska atomenergigemenskapens vägnar

Por el Consejo de Ministros de Ucrania
På vegne af Ukraines ministerkabinet
Für das Ministerkabinett der Ukraine
Για το Υπουργικό Συµβούλιο της Ουκρανίας

For the Cabinet of Ministers of Ukraine
Pour le Cabinet des ministres de l'Ukraine
Per il Consiglio dei ministri dell'Ucraina
Voor de Ministerraad van Oekraïne
Pelo Gabinete de Ministros da Ucrânia
Ukrainan hallituksen puolesta
På Ukrainas regerings vägnar

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ANNEX I

GUIDING PRINCIPLES ON THE ALLOCATION OF INTELLECTUAL PROPERTY RIGHTS (*) RESULTING
FROM JOINT RESEARCH UNDER THE AGREEMENT FOR COOPERATION BETWEEN THE EUROPEAN
ATOMIC ENERGY COMMUNITY AND THE CABINET OF MINISTERS OF UKRAINE IN THE FIELD OF
NUCLEAR SAFETY

I. OWNERSHIP, ALLOCATION AND EXERCISE OF RIGHTS

1. All research carried out pursuant to this Agreement shall be ‘joint research’. The participants shall jointly develop
joint technology management plans (TMPs) (**) in respect of the ownership and use, including publication, of
information and Intellectual Property (IP) to be created in the course of joint research. Those plans shall be
approved by the responsible funding agency or department of the Party involved in financing the research, before
the conclusion of the specific research and development cooperation contracts to which they are attached. The
TMPs shall be developed taking into account the aims of the joint research, the relative contributions of the parti-
cipants, the advantages and disadvantages of licensing by territory or for fields of use, requirements imposed by
laws applicable and other factors deemed appropriate by the participants. The rights and obligations concerning
the research generated by visiting researchers in respect of IP shall also be addressed in the joint technology
management plans.

2. Information or IP created in the course of joint research and not addressed in the TMP plan shall be allocated,
with the approval of the Parties, according to the principles set out in the technology management plan. In case
of disagreement, such information or IP shall be owned jointly by all the participants involved in the joint
research from which the information or IP results. Each participant to whom this provision applies shall have the
right to use such information or IP for his own commercial exploitation with no geographical limitation.

3. Each Party shall ensure that the other Party and its participants have the rights to IP allocated to them in accor-

dance with these principles.

4. While maintaining the conditions of competition in areas affected by this Agreement each Party shall endeavour
to ensure that rights acquired pursuant to this Agreement are exercised in such a way as to encourage in parti-
cular:

(i) the dissemination and use of information created, disclosed, or otherwise made available, under the Agree-

ment;

(ii) the adoption and implementation of international standards.

II. COPYRIGHT WORKS

Copyright belonging to the Parties or to their participants shall be accorded treatment consistent with the Berne
Convention (1971 Paris Act).

III. SCIENTIFIC LITERARY WORKS

Without prejudice to Section IV, unless otherwise agreed in the TMP, publication of results of research shall be made
jointly by the Parties or participants to that joint research. Subject to the foregoing general rule, the following proce-
dures shall apply:

1. In the case of publication by a Party or public bodies of that Party of scientific and technical journals, articles,
reports, books, including video and software, arising from joint research pursuant to this Agreement, the other
Party shall be entitled to a worldwide, non-exclusive, irrevocable, royalty-free licence to translate, reproduce,
adapt, transmit and publicly distribute such works.

2. The Parties shall ensure that literary works of a scientific character arising from joint research pursuant to this

Agreement and published by independent publishers shall be disseminated as widely as possible.

3. All copies of a copyright work to be publicly distributed and prepared under these provisions shall indicate the
names of the author(s) of the work unless an author or authors expressly declines or decline to be named. They
shall also bear a clearly visible acknowledgement of the cooperative support of the Parties.

(*) Definitions of the concepts referred to in these guiding principles are set out in Annex II.
(**) The indicative features of such TMPs are set out in Annex III.

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IV. UNDISCLOSED INFORMATION

A. Documentary undisclosed information

1. Each Party or its participants, as appropriate, shall identify at the earliest possible moment and preferably in
the TMP the information that it wishes to remain undisclosed in relation to this Agreement, taking account,
inter alia, of the following criteria:

— secrecy of the information in the sense that the information is not, as a body or in the precise configura-
tion or assembly of its components, generally known among or readily accessible by lawful means to
experts in the field;

— the actual or potential commercial value of the information by virtue of its secrecy;

— previous protection of the information in the sense that it has been subject to steps that were reasonable

under the circumstances by the person lawfully in control, to maintain its secrecy.

The Parties and the participants may in certain cases agree that, unless otherwise indicated, parts or all of the
information provided, exchanged or created in the course of joint research pursuant to the Agreement may
not be disclosed.

2. Each Party shall ensure that undisclosed information under this Agreement and its ensuing privileged nature
is readily recognisable as such by the other Party, for example by means of an appropriate marking or restric-
tive legend. This also applies to any reproduction of the said information, in whole or in part.

A Party receiving undisclosed information pursuant to the Agreement shall respect the privileged nature
thereof. These limitations shall automatically terminate when this information is disclosed by the owner
without restriction to experts in the field.

3. Undisclosed information communicated under this Agreement may be disseminated by the receiving Party to
persons within or employed by the receiving Party, and other concerned departments or agencies in the
receiving Party authorised for the specific purposes of the joint research under way, provided that any
undisclosed information so disseminated shall be pursuant to an agreement of confidentiality and shall be
readily recognisable as such, as set out above.

4. With the prior written consent of the Party providing undisclosed information under this Agreement, the
receiving Party may disseminate such undisclosed information more widely than otherwise permitted in para-
graph 3 above. 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 the extent permitted
by its domestic policies, regulations and laws.

B. Non-documentary undisclosed information

Non-documentary undisclosed or other confidential or privileged information provided in seminars and other
meetings arranged under this Agreement, or information arising from the attachment of staff, use of facilities, or
joint projects, shall be treated by the Parties or their participants according to the principle specified for docu-
mentary information in the Agreement, provided, however, that the recipient of such undisclosed or other confi-
dential or privileged information has been made aware of the confidential character of the information commu-
nicated at the time such communication is made.

C. Control

Each Party shall ensure that undisclosed information received by it under this Agreement shall be controlled as
provided therein. If one of the Parties becomes aware that it will be, or may reasonably be expected to become,
unable to meet the non-dissemination provisions of paragraphs A and B above, it shall immediately inform the
other Party. The Parties shall thereafter consult to define an appropriate course of action.

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ANNEX II

DEFINITIONS

1. INTELLECTUAL PROPERTY: shall have the meaning found in Article 2 of the Convention establishing the World

Intellectual Property Organisation, done at Stockholm on 14 July 1967.

2. PARTICIPANT: any natural or legal person, including the Parties themselves, participating in a project under this

Agreement.

3. JOINT RESEARCH: research implemented and/or funded by the joint contributions of the Parties and with collabora-

tion from participants of both Parties, where appropriate.

4. INFORMATION: scientific or technical data, results or methods of research and development stemming from the
JOINT RESEARCH and any other information deemed necessary by the Parties and/or participants engaged in the
JOINT RESEARCH to be provided or exchanged under this Agreement or research pursuant thereto.

ANNEX III

INDICATIVE FEATURES OF A TECHNOLOGY MANAGEMENT PLAN (TMP)

The TMP is a specific agreement to be concluded between the participants, about the implementation of joint research
and the respective rights and obligations of the participants. With respect to IPR, the TMP will normally address, inter
alia: ownership, protection, user rights for R&D purposes, exploitation and dissemination, including arrangements for
joint publication, the rights and obligations of visiting researchers and dispute settlement procedures. The TMP may also
address foreground and background information, licensing and deliverables.