Agreement for cooperation between the European Atomic Energy Community and the Government of the Russian Federation in the field of nuclear safety
Date: 2001-10-03
Institutions: European Atomic Energy Community, Russia
Subjects: EAEC, Russia, cooperation agreement (EU), nuclear safety, scientific cooperation

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for cooperation between the European Atomic Energy Community and the Government of the
Russian Federation in the field of nuclear safety

AGREEMENT

THE EUROPEAN ATOMIC ENERGY COMMUNITY,

hereinafter referred to as ‘the Community’, and

the Government of the RUSSIAN FEDERATION,

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

RECALLING that the Agreement on partnership and cooperation between the European Communities and their Member
States, on the one hand, and the Russian Federation, on the other hand, which entered into force on 1 December 1997,
establishes that the Parties shall cooperate in the nuclear sector inter alia through the implementation of two agreements
on thermonuclear fusion and on nuclear safety,

RECALLING that the Commission of the European Communities has responsibilities, 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 with third parties is of importance,

CONSIDERING that the Commission of the European Communities implements Community research programmes in the
field of nuclear safety, including reactor safety, radiation protection, waste management and nuclear plant decommis-
sioning and dismantling, as well as in the field of safeguards for nuclear materials, and intends to develop scientific and
technological cooperation with third countries on these subjects with a view to contributing towards internationally
accepted nuclear safety principles and guidelines,

CONSIDERING that the Russian Federation makes a considerable effort on the implementation of research and develop-
ment programmes aimed at improving the safety of existing nuclear power plants and of those being under design to
answer accepted up-to-date nuclear safety requirements, as well as at solving problems of radioactive waste management
and of nuclear plant decommissioning,

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

RECOGNIZING 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, also depends on developing satisfactory solutions to
the safety related issues aforementioned, as well as on assessing the safety levels of existing nuclear reactors and their
necessary upgrading as a consequence,

TAKING INTO ACCOUNT the various forms of coordinated actions on nuclear safety undertaken by the Parties, in
particular, under the TACIS programme,

DETERMINED to strengthen their cooperation and to avail themselves of regular consultations in the field of nuclear
safety,

HAVE AGREED AS FOLLOWS:

Article 1

tion shall be paid to low-dose effects, industrial exposures
and post-accident management.

Cooperation under this Agreement shall, on the basis of
mutual benefit, contribute to the improvement of nuclear
safety.

(c) Nuclear waste management

Article 2

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

(d) Decommissioning, decontamination and dismantling of

Cooperation shall

involve the following topics:

nuclear installations

(a) Reactor safety research

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

(b) Radiation protection

Research, regulatory aspects, development of safety stan-
dards, personnel training and education, particular atten-

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

(e) Research and development on accountancy and control of

nuclear material

Development and evaluation of nuclear material measure-
ment techniques and characterisation of reference materials
for accountancy and control activities and improvement of
the systems of accounting for and control of nuclear mate-
rials.

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Article 3

Cooperation in the areas specified in Article 2 of this

1.
Agreement shall be implemented in particular through:

— exchange of technical

information by means of reports,

visits, seminars, technical meetings, etc.,

— exchange of personnel between laboratories and/or bodies,

including for training purposes,

— exchange of samples, materials, instruments and apparatus

for experimental purposes,

— balanced participation in joint studies and activities.

2.
To the extent necessary, implementing arrangements to
set out 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.

Compensation for damages incurred during the imple-
4.
mentation of this Agreement shall be made in accordance with
the laws and regulations applicable in each of the Parties.

Article 6

Treatment of information,
industrial property and copyright
resulting from the cooperation activities under this Agreement
shall be in accordance with Annexes I, II and III, which form an
integral part of this Agreement.

Article 7

Subject to their respective laws and regulations, the Parties shall
endeavour to settle all questions connected with this Agree-
ment
including those related to its application and inter-
pretation through consultations between themselves.

Such implementing arrangements may,
cover
financing provisions, assignment of management responsibili-
ties and detailed provisions on dissemination of information
and intellectual property rights.

inter

alia,

The executive agent for the Russian Party for implementing this
Agreement shall be the Ministry of the Russian Federation for
Atomic Energy.

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

Article 4

The activities under this Agreement shall be subject to the

1.
availability of appropriated funds in each of the Parties.

Article 8

A coordinating

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

committee

The coordinating committee shall meet each year, alter-
2.
nately in the Community and in the Russian Federation, for
regular sessions in order to:

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

ment and prepare annual reports thereon,

— determine by mutual agreement the specific tasks to be

undertaken under this Agreement.

3.
If mutually agreeable, extraordinary sessions of the Coor-
dinating Committee may be held for dealing with particular
topics, or in particular circumstances.

All costs resulting from cooperation shall be borne by the

2.
Party that incurs them.

Article 9

The financing of industrial activities is excluded under

3.
this Agreement.

Article 5

1.
This Agreement shall apply, on the one hand, to the
territories in which the Treaty establishing the European
Atomic Energy Community is applied and under the conditions
laid down in this Treaty and, on the other hand, to the territory
of the Russian Federation.

2.
Cooperation under this Agreement shall be in accordance
with the laws and regulations in force in each of the Parties.

3.
Each Party shall use its best endeavours, within the frame-
work of its 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.

1.
This Agreement shall enter into force on the date on
which the Parties have notified each other in writing that their
respective internal procedures necessary for its entry into force
have been completed. It shall remain in force for an initial
period of 10 years.

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.

In the event of

termination or renegotiation of

this
3.
Agreement, the provisions thereof shall remain valid,
in its
previous form with respect to cooperation activities effectively
entered into prior to the request for termination or renegotia-
tion, until the end of such activities and relative implementing
arrangements or for one calendar year after the expiry of this
Agreement in its previous form, whichever is the earlier.

4.
Termination of this Agreement shall not affect rights and
obligations of the Parties under Article 6 of this Agreement.

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Done at Brussels on the third day of October in the year two thousand and one in duplicate in the Danish,
Dutch, English, Finnish, French, German, Greek,
Italian, Portuguese, Russian, Spanish and Swedish
languages, each text being equally authentic.

For the European Atomic Energy Community

For the Government of the Russian Federation

Philippe BUSQUIN

Alexander RUMYANTSEV

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Guiding principles on the allocation of intellectual property rights resulting from joint research activities under
the Agreement for Cooperation in the field of nuclear safety

ANNEX I

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 participants shall jointly develop technology management plans (TMPs) in respect of the ownership and use,
including publication, of information and intellectual property, 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 concerning the research generated by visiting
researchers under this Agreement in respect of RIA 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 own commercial exploitation 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

accordance 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 and arrangements made under it are exercised in such a
way as to encourage in particular:

(i) the dissemination and use of information created, 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 Parties or to their participants shall be accorded treatment consistent with the Berne

Convention for the protection 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 other participants, of scientific and technical journals, articles,
reports, books,
including video and software, of the results arising from joint research pursuant to this
Agreement, the other Party or its other participants shall be entitled to a worldwide, non-exclusive, irrevocable,
royalty-free licence to translate, reproduce, adapt, transmit and publicly distribute such works;

(b) 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;

(c) all copies of a copyright work 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 decline to be named. The copies shall also bear a clearly visible acknowledgment of the cooperative
support of the Parties and/or their representatives and/or organisations.

III. UNDISCLOSED INFORMATION

1. Documentary undisclosed information

(a) 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
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 circumstances by the person lawfully in control, to maintain its secrecy,

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the Parties and their participants may, in certain cases, agree, that, unless 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 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 a specific agreement on confidentiality and shall
be readily recognisable as such, as set out above;

(d) 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
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 the extent permitted by its
domestic policies, regulations and laws.

2. 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 principles specified for
documentary information in this Annex, provided, however, that the recipient of such undisclosed or other
confidential or privileged information has been made aware of the confidential character of the information
communicated at the time such communication is made.

3. Control

Each Party shall endeavour to 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 1 and 2, 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 projet 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.

5. RESULTS OF INTELLECTUAL ACTIVITY:

information and/or intellectual property.

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 RIA, 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.