2003/462/EC: Council Decision of 19 May 2003 on the signing on behalf of the European Community and provisional application of a Framework Agreement on a Multilateral Nuclear Environmental Programme in the Russian Federation and its Protocol on Claims, Legal Proceedings and Indemnification and approving the conclusion by the Commission on behalf of the European Atomic Energy Community of the abovementioned Agreement and its Protocol
Date: 2003-06-24
Institutions: Council of the European Union
Subjects: Russia, cooperation policy, environmental protection, framework agreement, indemnification, judicial proceedings, legal action, legislation, nuclear policy

24.6.2003

EN

Official Journal of the European Union

L 155/35

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 19 May 2003

on the signing on behalf of the European Community and provisional application of a Framework
Agreement on a Multilateral Nuclear Environmental Programme in the Russian Federation and its
Protocol on Claims, Legal Proceedings and Indemnification and approving the conclusion by the
Commission on behalf of the European Atomic Energy Community of the abovementioned Agree-
ment and its Protocol

(2003/462/EC)

THE COUNCIL OF THE EUROPEAN UNION,

HAS DECIDED AS FOLLOWS:

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 181a(3) second sentence,
in
conjunction with Article 300(2) first sentence thereof,

Article 1

Having regard to the Treaty establishing the European Atomic
Energy Community, and in particular Article 101, paragraph 2
thereof,

The signing of the Framework Agreement and its Protocol on a
Multilateral Nuclear Environmental Programme in the Russian
Federation and its Protocol on Claims, Legal Proceedings and
Indemnification is hereby approved on behalf of the European
Community, subject to the Council Decision concerning the
conclusion of the said Agreement.

Having regard to the proposal from the Commission,

The texts of the Agreement and its Protocol are attached to this
Decision.

Whereas:

(1)

(2)

(3)

(4)

on

the
The Commission has participated on behalf of
Community in the negotiations on a Framework Agree-
ment
Environmental
Programme in the Russian Federation (MNEPR) and a
Protocol on Claims, Legal Proceedings and Indemnifica-
tion, with the Russian Federation.

a Multilateral Nuclear

Article 2

The conclusion by the Commission on behalf of the European
Atomic Energy Community of the Framework Agreement and
its Protocol is hereby approved.

Article 3

The Commission and the Member States concerned
should coordinate their positions prior to the meetings
of the MNEPR Committee.

The Commission shall
the Community in the
represent
Committee referred to in Article 4 of the Agreement (MNEPR
Committee).

Subject to its conclusion, the Agreement and its Protocol
should be signed on behalf of the European Community.

Article 4

The conclusion, by the Commission of the Agreement
and its Protocol, on behalf of the European Atomic
Energy Community, should be approved,

The President of the Council is hereby authorised to designate
the person(s) empowered to sign, on behalf of the Community,
to its
the Framework Agreement and its Protocol, subject
conclusion.

L 155/36

EN

Official Journal of the European Union

24.6.2003

The Agreement and its Protocol shall be applied on a provisional basis from the date of its signature,
pending its entry into force.

Article 5

Done at Brussels, 19 May 2003.

For the Council

The President

G. PAPANDREOU

24.6.2003

EN

Official Journal of the European Union

L 155/37

FRAMEWORK AGREEMENT

on a Multilateral Nuclear Environmental Programme in the Russian Federation

THE GOVERNMENT OF THE KINGDOM OF BELGIUM,

THE GOVERNMENT OF THE KINGDOM OF DENMARK,

THE GOVERNMENT OF THE REPUBLIC OF FINLAND,

THE GOVERNMENT OF THE FRENCH REPUBLIC,

THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY,

THE GOVERNMENT OF THE KINGDOM OF THE NETHERLANDS,

THE GOVERNMENT OF THE KINGDOM OF NORWAY,

THE GOVERNMENT OF THE RUSSIAN FEDERATION,

THE GOVERNMENT OF THE KINGDOM OF SWEDEN,

THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

THE GOVERNMENT OF THE UNITED STATES OF AMERICA,

THE EUROPEAN COMMUNITY, AND

THE EUROPEAN ATOMIC ENERGY COMMUNITY

(hereinafter referred to as the Parties),

NOTING the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Manage-
ment of 29 September 1997 (hereinafter referred to as the Joint Convention);

the Joint Convention stipulates that spent

NOTING that
fuel and radioactive waste within military or defence
programmes should be managed in accordance with the objectives stated in that Convention even though they are
excluded from it except as provided in Article 3 thereof;

NOTING also the Convention on Nuclear Safety of 20 September 1994;

RECALLING the importance the Joint Convention attaches to international cooperation in enhancing the safety of spent
fuel and radioactive waste management through bilateral and multilateral mechanisms;

REAFFIRMING the importance the Parties attach to the principles embodied in relevant international conventions on
nuclear liability for the provision of international assistance in this field;

RECOGNISING the work of the Contact Expert Group for International Radwaste Projects established under the auspices
of the International Atomic Energy Agency to deal with issues regarding international cooperation in radioactive waste
management and related issues in the Russian Federation, and its contribution to the development of a comprehensive
International Action Plan;

DESIRING to facilitate practical cooperation to enhance the safety of spent fuel and radioactive waste management in
the Russian Federation, in particular through the implementation of projects in the Russian Federation that may be iden-
tified by the Contact Expert Group for International Radwaste Projects;

RECALLING the Declaration of Principles by members and observers of the Barents Euro-Arctic Council representing
Denmark, Finland, France, Germany, Iceland, Italy, the Netherlands, Norway, Poland, the Russian Federation, Sweden,
the United Kingdom and the United States regarding the Multilateral Nuclear Environmental Programme in the Russian
Federation signed at Bodø (Norway) on 5 March 1999 in which the participants declared their readiness to negotiate a
multilateral framework agreement covering the necessary conditions for the provision of international assistance in this
field;

HAVE AGREED AS FOLLOWS:

Article 1

Multilateral Nuclear Environmental Programme in the Russian Federation (MNEPR)

1.
The Parties hereby establish a framework to facilitate cooperation in the area of safety of spent
nuclear fuel and radioactive waste management in the Russian Federation. This framework shall be referred
to as the ‘Multilateral Nuclear Environmental Programme in the Russian Federation’ (MNEPR). The MNEPR
shall apply to projects undertaken between Contributors and Recipients or any other form of cooperation
agreed by them. It may also apply to projects or any other form of cooperation in other areas of nuclear
activities, including nuclear safety, if so agreed by the Parties concerned.

L 155/38

EN

Official Journal of the European Union

24.6.2003

The Parties shall seek to avoid duplication of Assistance activities and to ensure that such activities
2.
are complementary to activities under other multilateral or bilateral funds, agreements, mechanisms or
arrangements.

For the purposes of this Agreement the following terms shall have the following meanings:

Article 2

Definitions

Technical aid (assistance):

Contributor:

Recipient:

Implementing Agreement:

Any form of gratuitous aid and/or contribution provided
under this Agreement or under any Implementing Agree-
ment, or otherwise agreed to by the Russian Party and the
Contributing Party or Parties (hereinafter referred to as
Assistance).

Any Party other than the Russian Party or any entity
authorised by such Party to provide Assistance under the
MNEPR.

The Russian Party or any other Russian entity authorised
by the Russian Party to serve as beneficiary of Assistance
and partner for the realisation of a project under the
MNEPR.

An agreement between one or more Recipients and one or
more Contributors for the provision of Assistance for the
realisation of a project under the MNEPR.

Article 3

Modes of cooperation under the MNEPR

1.

Assistance under the MNEPR may be provided through:

(a) implementing Agreements between one or more Recipients and any one of the Contributors (Bilateral

mode);

(b) implementing Agreements between one or more Recipients and several Contributors whereby a

common financing arrangement will not be established (Multilateral simple mode);

(c) implementing Agreements between one or more Recipients and several Contributors whereby a

common financing arrangement will be established (Multilateral funding mode); or

(d) any other mechanism agreed by the Recipient(s) and Contributor(s) concerned.

2.
Except as otherwise provided in this Agreement, the terms and conditions of this Agreement shall
apply to all Assistance provided under paragraph 1 of this Article. The provisions of this Agreement may
also apply to activities undertaken before its entry into force if so agreed by the Parties involved in those
activities.

The provision of Assistance by the Contributors under this Agreement shall be subject to the avail-

3.
ability of appropriated funds.

Article 4

MNEPR Committee

1.
To facilitate cooperation and to exchange information under the MNEPR, the Parties hereby establish
the MNEPR Committee. The MNEPR Committee shall be composed of one authorised official/governmental
representative of each of the Parties, who shall also serve as a contact point for all questions of relevance
to the MNEPR.

2.

The MNEPR Committee may:

— discuss the development and implementation of projects and any other form of cooperation under this

Agreement,

— discuss relevant activities under other bilateral or multilateral agreements or arrangements,

— coordinate funding for projects under Article 3.1(c),

— identify obstacles and problems encountered in the implementation of projects, and make recommen-

dations regarding their resolution,

— establish working groups as required for the functioning of the MNEPR Committee,

— discuss and make recommendations on other matters relevant to the operation of MNEPR activities,

and

24.6.2003

EN

Official Journal of the European Union

L 155/39

— invite States,

intergovernmental organisations or regional economic integration organisations being

subject to public international law to accede in accordance with Article 16.

3.

The MNEPR Committee shall adopt its Rules of Procedure.

The MNEPR Committee shall elect two co-chairpersons for 12 month periods from among represen-

4.
tatives of the Parties, one from among the Contributing Parties and one representing the Russian Party.

5.
The MNEPR Committee may decide to admit as observers any interested State, intergovernmental
organisation or regional economic integration organisation being subject to public international law not
party to this Agreement. Where a coordinator has been designated according to Article 5, that coordinator
shall be admitted as an observer to meetings of the MNEPR Committee, where relevant.

6.

Decisions and recommendations of the MNEPR Committee shall be made by consensus.

Article 5

Coordinator of multilateral funding under the MNEPR

The Contributing Parties to a common financing arrangement, as referred to in Article 3.1(c), may

1.
designate a coordinator for such an arrangement.

The rights and obligations of the Contributing Parties under this Agreement apply equally to the

2.
coordinator where the coordinator performs activities on behalf of the contributors.

Article 6

Specific undertakings

1.

The Parties shall promote activities necessary for the implementation of projects under the MNEPR.

The Russian Party shall ensure the prompt issuance of, inter alia, licences, permits, approvals and the
2.
prompt customs clearances necessary for the efficient implementation of projects. The Russian Party shall
ensure the provision of data and information necessary for the implementation of specific projects within
the framework of this Agreement. The Russian Party shall grant access to sites and facilities necessary for
the implementation of specific projects within the framework of this Agreement. Should such access be
restricted according to the provisions of the legislation of the Russian Federation, mutually acceptable
procedures shall be developed in the Implementing Agreements. The Implementing Agreements shall also
define the procedures for, and the scope of, the information to be transferred.

The provision of Assistance shall be complemented by Russian resources. Such resources may be

3.
contributed in-kind or otherwise for the implementation of projects under the MNEPR.

Article 7

Claims, legal proceedings and indemnification

1.
This Agreement is supplemented by a Protocol containing provisions on claims, legal proceedings
and indemnification in respect of claims against Contributors and their personnel or contractors, subcon-
tractors, consultants, suppliers or subsuppliers of equipment, goods and services at any tier and their
personnel, for any loss or damage of whatsoever nature arising from activities undertaken pursuant to this
Agreement.

The Protocol and its Annex shall not apply to any Party that does not become a party to the

2.
Protocol.

3.
Any Party that does not become a party to the Protocol may conclude with the Russian Party a sepa-
rate agreement covering claims, legal proceedings and indemnification in respect of claims for any loss or
damage of whatsoever nature arising from activities undertaken pursuant to this Agreement.

Article 8

Use and retransfer of Assistance

1.
Unless the written consent of the Contributor has first been obtained, the Recipient shall not transfer
title to, or possession of, any Assistance provided pursuant to this Agreement to any entity, other than an
officer, employee or agent of that Contributor or that Recipient and shall not permit the use of such Assis-
tance for purposes other than those for which it has been furnished.

2.
The Russian Party shall take all reasonable measures within its power to ensure the security of, ensure
the appropriate use of, and prevent the unauthorised transfer of Assistance provided pursuant to this
Agreement.

L 155/40

EN

Official Journal of the European Union

24.6.2003

Article 9

Exemption from taxes or similar charges

1.
The Russian Party shall exempt Assistance provided under this Agreement from customs duties,
profits taxes, other taxes and similar charges. The Russian Party shall take all necessary steps to ensure that
no local or regional taxes are levied on Assistance provided under this Agreement. These steps will include
the provision of letters from competent local and/or regional authorities confirming that no taxes will be
levied on Assistance provided under this Agreement. Such letters of confirmation covering localities and
regions where projects under this Agreement will be carried out shall be deposited with at least one of the
Depositaries before the start of implementation of the projects.

2.
The Russian Party shall exempt remuneration to foreign natural persons and to Russian citizens not
ordinarily resident in the Russian Federation for work undertaken and services performed by such persons
for the implementation of Assistance under this Agreement from income tax, social security tax contribu-
tions, and similar charges within the territory of the Russian Federation. With regard to remuneration
exempted by this paragraph, the Russian Party shall not have any obligations in terms of any charges and
payments to the persons indicated in this paragraph, at the expense of the social security system or any
other government funds.

The Contributing Parties and their personnel, their contractors, subcontractors, suppliers and subsup-
3.
pliers may import into, and export out of, the Russian Federation equipment, supplies, materials or services
required to implement this Agreement. In addition to the provisions regarding Assistance, temporary
importation and exportation shall not be subject to customs duties, license fees, undue restrictions, taxes or
similar charges.

4.
In addition to the preceding paragraphs, persons and entities participating in the implementation of
the programmes in the framework of this Agreement within the territory of the Russian Federation are
entitled to exemption from value added tax and other charges with regard to equipment and goods
purchased within the territory of the Russian Federation for the implementation of the projects or the
programmes in the framework of this Agreement, as well as works done and services rendered within the
territory of the Russian Federation.

Imposition of taxation shall be regarded as a valid reason for suspension or termination of an Assis-

5.
tance project, or not to initiate an Assistance project.

The Russian Party shall be responsible for procedures ensuring the implementation of this Article.

6.
Necessary certificates shall be issued by the relevant competent authority.

Article 10

Accounts, audits and examinations

1.
Each Recipient shall maintain proper accounts of all Assistance funding received from Contributors,
and furnish such accounts, together with full supporting documentation, to the Contributor or Contribu-
tors concerned at regular intervals, as specified in the relevant Implementing Agreement or as otherwise
agreed.

2.
Upon request, representatives of a Contributor shall have the right, within 60 days of making the
request, to examine the use of any Assistance provided by that Contributor in accordance with this Agree-
ment, at sites of their location or use if possible, and shall have the right to audit and examine any and all
related records or documentation for a period of seven years after the completion or early termination of
the project in question, unless another period is specified in the Implementing Agreement. The practical
details of such audits and examinations shall be set out in the Implementing Agreements.

Article 11

Intellectual property

The Parties shall provide in Implementing Agreements, as appropriate, effective protection and allocation
of rights to intellectual property transmitted or created under this Agreement.

Article 12

Status of personnel and entry and exit of personnel

1.
The Russian Party shall facilitate the entry and exit of employees of the Contributing Parties to this
Agreement and their personnel and contractors, subcontractors, consultants, suppliers and subsuppliers
and their personnel into and out of the territory of the Russian Federation for the purpose of carrying out
activities in accordance with this Agreement.

24.6.2003

EN

Official Journal of the European Union

L 155/41

The Russian Party shall accredit military and civilian personnel of the Contributing Parties, including
2.
employees of the Commission of the European Communities present in the territory of the Russian Federa-
tion in order to carry out activities related to the provision of Assistance under this Agreement, as adminis-
trative and technical personnel of the respective diplomatic missions, the mission of the Commission of
the European Communities and the missions of intergovernmental organisations, in the Russian Federation.
After entry into force of this Agreement, the Parties will consult on the number of such personnel covered
by this paragraph. The accreditation of such personnel shall have no effect on the number of accredited
personnel permitted at Russian diplomatic missions in the Contributing Parties.

3.
The Russian Party guarantees that the contractors, subcontractors, consultants, suppliers, subsuppliers
and their personnel as referred to in paragraph 1 of this Article may import and re-export out of the terri-
tory of the Russian Federation all of their personal household effects as well as foodstuffs for their personal
use without being liable to any customs duties, taxes, or similar charges. Duty-free import into and re-
export out of the Russian Federation of one motor vehicle per family is allowed, provided that the vehicle
is used only within the period of the relevant contract and is re-exported at the end of this period.

Article 13

Settlement of disputes

Any disagreement between two or more Parties concerning the interpretation of this Agreement, or its
implementation, shall be resolved through consultations. Consultations shall take place not later than three
months after one of the Parties submits such a request in writing to the other Party or Parties.

Article 14

Awarding of contracts

In the event that a Party awards a contract for the acquisition of goods and services, including construction,
to implement this Agreement, such contracts shall be awarded in accordance with the laws and regulations
of that Party, or such other laws and regulations as that Party may choose. Russian companies can also be
used as contractors or subcontractors.

Article 15

Modifications and amendments

Any modification or amendment to this Agreement, and any additional protocol to it, may be made

1.
by agreement among the Parties to this Agreement.

2.
Any modification or amendment made pursuant to this Article shall be subject to ratification, accep-
tance or approval by all of the Parties. Modifications or amendments shall enter into force for all Parties 30
days following the date of receipt by at least one of the Depositaries of the last notification of ratification,
acceptance or approval.

Article 16

Accession

1.
This Agreement shall be open for accession by any State, intergovernmental organisation or regional
economic integration organisation being subject to public international law upon invitation by the MNEPR
Committee.

2.
This Agreement shall enter into force for the acceding Party 30 days following the date of receipt by
at least one of the Depositaries of the acceding Party's instrument of accession and the last of the notifica-
tions by the Parties expressing concurrence.

Article 17

Depositaries

The Minister of Foreign Affairs of the Russian Federation and the Secretary General of the Organisation for
Economic Cooperation and Development are hereby designated as Depositaries. The Depositaries shall fulfil
their duties in accordance with Article 77 of the Vienna Convention on the Law of Treaties of 23 May
1969 and shall consult each other in the fulfilment of their duties.

L 155/42

EN

Official Journal of the European Union

24.6.2003

Article 18

Entry into force, duration, withdrawal and termination

1.
This Agreement shall be subject to ratification, acceptance or approval. Instruments of ratification,
acceptance or approval shall be deposited with at least one of the Depositaries. It shall enter into force on
the 30th day following the date of receipt of such instruments from the Russian Party and from one other
Signatory, and shall remain in force for a period of five years from that date. For each Signatory depositing
such an instrument thereafter, this Agreement shall enter into force for it 30 days following the receipt by
at least one of the Depositaries of such instrument and shall remain in force until the expiration of its
original five-year period.

2.
This Agreement shall be extended automatically for further periods of five years. Any Party may
request at least one of the Depositaries at least 90 days before the expiration of the five-year period to
convene a meeting of the Parties to consider the termination, modification or amendment of this Agree-
ment.

3.
Any Party may withdraw from this Agreement upon giving 90 days written notification to at least
one of the Depositaries. The MNEPR Committee shall immediately be seized of the matter and shall make
recommendations to the Parties on the further continuation of the Agreement.

The obligations under Articles 8 to 11, Article 12, first and third paragraphs, and Article 13 of this
4.
Agreement shall remain in effect regardless of any subsequent transfer of ownership of the object of coop-
eration, and regardless of any termination of, or withdrawal from, this Agreement, or the expiration of its
validity.

Notwithstanding any termination of this Agreement, it shall continue to apply to any Implementing
5.
Agreement which the parties to such Implementing Agreement agree to continue, for the duration of such
Implementing Agreement.

6. Where a Party withdraws from this Agreement but continues to be a Party to an Implementing
Agreement, this Agreement shall continue to apply to such Party with respect to its participation in such
Implementing Agreement.

7.

This Agreement shall be applied on a provisional basis from the date of its signature.

Done at Stockholm on 21 May 2003 in the English, French and Russian languages, all texts being equally
authentic, in two originals of which one shall be deposited in the archives of the Ministry of Foreign Affairs
of the Russian Federation and one in the archives of the Organisation for Economic Cooperation and
Development. Duly certified copies of this Agreement shall be transmitted to the Signatories and acceding
Parties. In the event of any dispute or divergence in relation to this Agreement the English text shall prevail
for the purposes of interpretation.

24.6.2003

EN

Official Journal of the European Union

L 155/43

PROTOCOL ON CLAIMS, LEGAL PROCEEDINGS AND INDEMNIFICATION TO THE FRAME-
WORK AGREEMENT ON A MULTILATERAL NUCLEAR ENVIRONMENTAL PROGRAMME IN
THE RUSSIAN FEDERATION

THE GOVERNMENT OF THE KINGDOM OF BELGIUM,

THE GOVERNMENT OF THE KINGDOM OF DENMARK,

THE GOVERNMENT OF THE REPUBLIC OF FINLAND,

THE GOVERNMENT OF THE FRENCH REPUBLIC,

THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY,

THE GOVERNMENT OF THE KINGDOM OF THE NETHERLANDS,

THE GOVERNMENT OF THE KINGDOM OF NORWAY,

THE GOVERNMENT OF THE RUSSIAN FEDERATION,

THE GOVERNMENT OF THE KINGDOM OF SWEDEN,

THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

THE GOVERNMENT OF THE UNITED STATES OF AMERICA,

THE EUROPEAN COMMUNITY, AND

THE EUROPEAN ATOMIC ENERGY COMMUNITY (hereinafter referred to as the Parties),

REAFFIRMING their commitment to achieving the purposes of the Framework Agreement on a Multilateral Nuclear
Environmental Programme in the Russian Federation signed on 21 May 2003 (hereinafter referred to as the Agreement);

CONVINCED of the need to establish provisions ensuring that claims against the Contributing Parties and their
personnel or contractors, subcontractors, consultants, suppliers or subsuppliers of equipment, goods or services at any
tier and their personnel, for any loss or damage of whatsoever nature arising from activities undertaken pursuant to the
Agreement are not brought by the Russian Party and, if brought by a third party, are indemnified by the Russian Party;

HAVE AGREED AS FOLLOWS:

Article 1

1. The definitions contained in Article 2 of the Agreement shall apply to this Protocol as fully and effec-

tively as if they were set forth in full herein.

2. For the purposes of this Protocol, the following terms shall have the following meanings:

Nuclear Incident: Any occurrence or series of occurrences having the same origin which causes

Nuclear Damage.

Nuclear Damage:

(i) loss of life, any personal injury or any loss of, or damage to, property which
arises out of or results from the radioactive properties or a combination of
radioactive properties with toxic, explosive or other hazardous properties of
nuclear fuel or radioactive products or waste in, or of nuclear material coming
from, originating in, or sent to, a nuclear installation;

(ii) any other loss or damage so arising or resulting if and to the extent that the

law of the competent court so provides; and

(iii) if the law of the State in which the nuclear installation of the liable operator is
situated so provides, loss of life, any personal injury or any loss of, or damage
to, property which arises out of or results from other ionising radiation emitted
by any other source of radiation inside a nuclear installation.

3. For the purposes of this Protocol, whenever both nuclear damage and damage other than nuclear
damage have been caused by a nuclear incident, or jointly by a nuclear incident and one or more other
occurrences, such other damage shall, to the extent that it is not reasonably separable from the nuclear
damage, be deemed, for the purposes of this Protocol, to be nuclear damage caused by that nuclear
incident.

L 155/44

EN

Official Journal of the European Union

24.6.2003

Article 2

1. With the exception of claims for injury or damage against individuals arising from omissions or acts of
such individuals done with intent to cause injury or damage, the Russian Party shall bring no claims or
legal proceedings of any kind against the Contributors and their personnel or contractors, subcontrac-
tors, consultants, suppliers or subsuppliers of equipment, goods or services at any tier and their
personnel, for any loss or damage of whatsoever nature, including but not limited to personal injury,
loss of life, direct, indirect and consequential damage to property owned by the Russian Federation
arising from activities undertaken pursuant to the Agreement. This paragraph shall not apply to the
enforcement of the express provisions of a contract.

2. With the exception of claims for nuclear damage against individuals arising from omissions or acts of
such individuals done with intent to cause damage, the Russian Party shall provide for the adequate
legal defence of and indemnify, and shall bring no claims or legal proceedings against the Contributors
and their personnel, or any contractors, subcontractors, consultants, suppliers, or subsuppliers of equip-
ment, goods or services at any tier and their personnel in connection with third-party claims, in any
court or forum, arising from activities undertaken pursuant to the Agreement, for nuclear damage
occurring within or outside the territory of the Russian Federation, that results from a nuclear incident
occurring within the territory of the Russian Federation.

3. Upon request by a Party, the Russian Party or its authorised representative shall issue an indemnity
confirmation letter to any contractor, subcontractor, consultant, supplier or subsupplier confirming the
provisions of this Protocol. A standard form of such Indemnity Confirmation Letter is enclosed as an
integral part of this Protocol.

4. The Parties may consult as appropriate, on claims and proceedings under this Article.

5. Any payments related to the indemnification in paragraph 2 of this Article shall be made promptly and

shall be freely transferable to the beneficiary in its national currency.

6. Contributors, contractors, subcontractors, consultants, suppliers or subsuppliers of equipment, goods
or services at any tier and their personnel may refer any dispute concerning the implementation of
obligations under this Article to arbitration in accordance with UNCITRAL Arbitration Rules, if such
dispute has not been resolved amicably within 90 days of its submission to the Russian Party. Any arbi-
tration award shall be final and binding on the parties to the dispute.

7. Nothing in this Article shall be construed as acknowledging the jurisdiction of any court or forum
outside the Russian Federation over third-party claims to which paragraph 2 of this Article applies,
except as provided for in paragraph 6 of this Article and in any other case where the Russian Federa-
tion has pledged itself to acknowledge and execute a legal decision on the basis of provisions of inter-
national agreements.

8. Nothing in this Article shall be construed as waiving the immunity of the Parties with respect to poten-

tial third-party claims that may be brought against any of them.

Article 3

1. This Protocol is open for signature by any Signatory to the Agreement.

2. This Protocol is subject to ratification, acceptance or approval by Signatories that are Parties to the
Agreement. Instruments of ratification, acceptance or approval shall be deposited with at least one of
the Depositaries of the Agreement.

3. This Protocol shall be open to accession by any Party that has acceded to the Agreement.

4. Accession shall be effected by the deposit of an instrument of accession with at least one of the Deposi-

taries of the Agreement.

5. The Depositaries of this Protocol shall be the Depositaries of the Agreement and shall fulfil their duties
in accordance with Article 77 of the Vienna Convention on the Law of Treaties of 23 May 1969 and
shall consult each other in the fulfilment of their duties.

24.6.2003

EN

Official Journal of the European Union

L 155/45

Article 4

1. Subject to the entry into force of the Agreement, this Protocol shall enter into force on the 30th day
following the date of receipt by at least one of the Depositaries of the instruments of ratification, accep-
tance or approval referred to in Article 3.2 from the Russian Federation and from any other Signatory
to this Protocol and it shall remain in force for a period of five years from that date. For each Signatory
ratifying, accepting or approving thereafter, this Protocol shall enter into force for it on the 30th day
following the receipt by at least one of the Depositaries of the instruments of ratification, acceptance or
approval referred to in Article 3.2 and it shall remain in force until the expiration of its original five-
year period.

2. For each Party acceding to this Protocol, it shall enter into force for it 30 days following the receipt by
at least one of the Depositaries of the instrument of accession referred to in Article 3.4 and it shall
remain in force until the expiration of the original five-year period mentioned in paragraph 1 of this
Article.

3. This Protocol shall be extended automatically for further periods of five years. Any Party may request
at least one of the Depositaries, at least 90 days before the expiration of the five-year period, to
convene a meeting of the Parties to consider the continuation, modification or amendment of this
Protocol.

4. Any Party may withdraw from this Protocol upon giving 90 days written notification to at least one of
the Depositaries. The MNEPR Committee shall immediately be seized of the matter and shall make
recommendations to the Parties on the further continuation of this Protocol and the Agreement.

5. The obligations under this Protocol shall remain in effect regardless of any subsequent transfer of
ownership of the object of cooperation, and regardless of any termination of, or withdrawal from, this
Protocol or the Agreement, or the expiration of their validity.

6.

(a) Notwithstanding any termination of this Protocol, it shall continue to apply to any Implementing
Agreement which the Parties to such Implementing Agreement agree to continue, for the duration
of such Implementing Agreement.

(b) Where a Party withdraws from this Protocol but continues to be a Party to an Implementing Agree-
ment, this Protocol shall continue to apply to such Party with respect to its participation in such
Implementing Agreement.

7. Where,

(a) the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963 (hereinafter referred
to as the Vienna Convention) and the Joint Protocol relating to the Application of the Vienna
Convention and the Paris Convention of 21 September 1988 (hereinafter referred to as the Joint
Protocol) have both come into force for the Russian Federation, and

(b) the Vienna Convention or the Paris Convention on Third Party Liability in the Field of Nuclear
Energy of 29 July 1960 and the Joint Protocol have both come into force for any other Party to this
Protocol,

such other Party may, in its discretion and by notice in writing to the Russian Federation, terminate the
application of Article 2.2 of this Protocol as between it and the Russian Federation with respect to any
activity undertaken pursuant to the Agreement to which these instruments apply. The Russian Federa-
tion and such other Party shall each inform the other in writing of the dates upon which such instru-
ments come into force in their respective territories.

8. This Protocol shall be applied on a provisional basis from the date of its signature.

Done at Stockholm on 21 May 2003 in the English, French and Russian languages, all texts being equally
authentic, in two originals of which one shall be deposited in the archives of the Ministry of Foreign Affairs
of the Russian Federation and one in the archives of the Organisation for Economic Cooperation and
Development. Duly certified copies of this Protocol shall be transmitted to the Signatories and acceding
Parties. In the event of any dispute or divergence in relation to this Protocol the English text shall prevail
for the purposes of interpretation.

L 155/46

EN

Official Journal of the European Union

24.6.2003

ANNEX