Communication from the Commission to the Council concerning the conclusion of an agreement for R&D co-operation in the peaceful uses of nuclear energy between the European Atomic Energy Community (Euratom) and the government of the People's Republic of China
Date: 2004-11-16
Institutions: European Commission
Subjects: China, EAEC, cooperation agreement, nuclear energy, peaceful use of energy, research and development

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 16.11.2004 
COM(2004) 755 final 

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL 

concerning the conclusion of an agreement for R&D co-operation in the peaceful uses  
of nuclear energy between the European Atomic Energy Community (Euratom)  
and the government of the People's Republic of China 

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COMMUNICATION FROM THE COMMISSION TO THE COUNCIL 

concerning the conclusion of an agreement for R&D co-operation in the peaceful uses  
of nuclear energy between the European Atomic Energy Community (Euratom)  
and the government of the People's Republic of China 

By  its  decision  of  11th  June  2003,  the  Council  issued  directives  to  the  Commission  to 
negotiate with the Chinese authorities a cooperation agreement between Euratom and China, 
mainly  centered  on  research  and  development,  but  also  containing  provisions  on  possible 
trade of nuclear material.  

During a negotiating session held mid-October in Beijing, the Chinese authorities confirmed 
their position, already expressed twice before, to see this agreement entirely and exclusively 
devoted  to  scientific  and  technical  cooperation  between  China  and  the  Community.  On  this 
basis an agreed text was established.  

This draft agreement, based on mutual interest, envisages access of each Party to the research 
activities  of  the  other  Party.  It  covers  all  the  fields  of  research  appearing  in  the  Euratom 
Framework programme1. 

The  agreement  envisages  the  possibility  for  each  Party  to  use  for  the  purpose  of  R&D 
facilities of the other Party. This is particularly interesting for the Community, whose nuclear 
research plants are ageing while China develops and builds new and powerful facilities.  

The  present  agreement  contains  specific  provisions  on  aspects  connected  with  non-
proliferation  and  control  of  nuclear  materials,  physical  protection,  nuclear  safety  and  the 
conditions of retransfer of nuclear material.  

The agreement will respect existing bilateral agreements between China and certain Member 
States.  

At the time of the adoption of the mandate, the Council and the Commission agreed that the 
Council would informally be kept informed on the development of the negotiations based of 
the texts under discussion. A presentation of the draft agreement therefore took place in the 
Council on Wednesday 27 October.  

The Council is invited to approve the text of the agreement in view of its conclusion by the 
Commission  on  behalf  of  the  European  Atomic  Energy  Community  and  in  accordance  with 
Article 101, subparagraph 2 of the Euratom Treaty. 

1 

2002/668/Euratom: Council Decision of 3 June 2002 concerning the sixth framework programme of the 
European Atomic Energy Community for nuclear research and training activities, also contributing to 
the creation of the European Research Area (2002 to 2006). 

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ANNEX 

Agreement for R&D co-operation in the peaceful uses of nuclear energy  
between the European Atomic Energy Community (Euratom)  
and the government of the People's Republic of China 

THE EUROPEAN ATOMIC ENERGY COMMUNITY (EURATOM), 

hereinafter referred to as ’the Community’, 

on the one part, and 

THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA, 

hereinafter referred to as ‘China’ 

on the other part, 

hereinafter referred to as the ‘Parties’; 

DESIRING to further develop a long-term, stable co-operation which may benefit to China, 
the  Community  and  its  Member  States  in  the  peaceful  and  non-explosive  uses  of  nuclear 
energy on the basis of mutual benefit and reciprocity; 

CONSIDERING  the  1985  Agreement  on  trade  and  economic  cooperation  between  the 
European Economic Community and the People's Republic of China and noting that there has 
also  been  active  co-operation  and  information  exchange  in  a  number  of  scientific  and 
technological areas under the Agreement for scientific and technological cooperation between 
the  European  Community  and  the  Government  of  the  People's  Republic  of  China  signed  in 
1998; 

CONSIDERING  the  importance  of  science  and  technology  for  their  economic  and  social 
development  and  desiring  to  establish  a  formal  basis  for  cooperation  in  scientific  and 
technological research which will extend and strengthen the conduct of cooperative activities 
in  the  fields  of  common  interest  in  the  peaceful  uses  of  nuclear  energy  and  encourage  the 
application of the results of such cooperation to their economic and social benefit; 

WHEREAS co-operation in the peaceful uses of nuclear energy between the Community and 
China should further enhance research in areas of common interest as well as economic co-
operation;  

CONSIDERING  that  the  Community  and  China  are  currently  pursuing  research  and 
development activities in the area of peaceful uses of nuclear energy and that participation in 
each other's research and development activities on a basis of reciprocity will provide mutual 
benefits; 

CONSIDERING,  in  particular,  the  willingness  of  both  the  Community  and  China  to 
strengthen their co-operation in the field of controlled thermonuclear fusion within the present 
agreement and if appropriate within a dedicated agreement. 

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REAFFIRMING the strong commitment of the Government of China, the Community and the 
Governments  of  its  Member  States  to  nuclear  non-proliferation  including  the  strengthening 
and efficient application of the related safeguards and export control regimes under which co-
operation in the peaceful uses of nuclear energy between China and the Community should be 
carried out; 

REAFFIRMING  the  support  of  the  Government  of  China,  the  Community  and  the 
Governments  of  its  Member  States  for  the  objectives  of  the  International  Atomic  Energy 
Agency (IAEA, hereinafter referred to as “the Agency”), including its safeguards system and 
their desire to promote universal adherence to the Treaty on the Non-Proliferation of Nuclear 
Weapons, done on July 1, 1968 (hereinafter referred to as “the Non-Proliferation Treaty”); 

NOTING that nuclear safeguards are applied in the Community both under Chapter VII of the 
Euratom  Treaty  and  under  safeguards  agreements  concluded  between  the  Community,  its 
Member States and the IAEA; 

WHEREAS it is appropriate to provide a legal framework for promoting co-operation in all 
potential  peaceful  uses  of  nuclear  energy,  focusing  particularly  on  present  opportunities  of 
mutual benefit, 

RECOGNIZING  that  China,  the  Community  and  its  Member  States  have  attained  a 
comparably advanced level in the peaceful uses of nuclear energy and in the security afforded 
by their respective laws and regulations concerning health, safety, the peaceful uses of nuclear 
energy and the protection of the environment; 

CONSIDERING that this Agreement for co-operation in the peaceful uses of nuclear energy 
is within the context of the global cooperation between China and the Community, 

HAVE AGREED AS FOLLOWS: 

Article 1 

Purpose 

The overall purpose of this Agreement is to encourage and facilitate cooperation, in fields of 
common  interest  in  the  peaceful,  non-explosive,  non-military  uses  of  nuclear  energy  with  a 
view  to  strengthening  the  overall  co-operative  relationship  between  the  Community  and 
China. 

The main objective of the Agreement is to foster scientific and technical co-operation between 
the Community and China and, in particular to facilitate the participation of Chinese research 
entities in research projects carried out in the framework of the relevant Community research 
programmes  and  to  ensure  a  reciprocal  participation  of  research  entities  of  the  Community 
and its Member States in Chinese projects in similar areas of research. 

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Article 2 

Definitions 

For the purpose of this Agreement: 

1.  ‘Parties’  means  the  Government  of  China  and  the  European  Atomic  Energy  Community. 
‘Party’ means one of the above ‘Parties’. 

2. ‘The Community’ means both: 

(a)  the  legal  person  created  by  the  Treaty  establishing  the  European  Atomic  Energy 

Community (Euratom); and 

(b) the territorities to which the Euratom Treaty applies. 

3. ‘cooperative activity’ means any activity which the Parties undertake or support, pursuant 
to this Agreement, and includes joint research; 

4.  ‘information’  means  scientific  or  technical  data,  results  or  methods  of  research  and 
development  stemming  from  joint  research  and  any  other  data  deemed  necessary  by  the 
participants to cooperative activities; including, as necessary, by the Parties themselves; 

5.  ‘intellectual  property’  shall  have  the  meaning  defined  in  Article  2  of  the  Convention 
establishing the World Intellectual Property Organisation, done at Stockholm, 14 July 1967; 

6. ‘joint research’ means research or technological development that is implemented with or 
without  financial  support  from  one  or  both  Parties  and  that  involves  collaboration  by 
participants from both the Community and China and is designated as joint research in writing 
by  the  Parties  or  their  scientific  and  technological  organisations  and  agencies  implementing 
the scientific research programmes. In the case where there is funding by only one Party the 
designation is made by that Party and the participant in that project; 

7. ‘Participant’ or ‘research entities’ means any person moral or private, any research institute 
or  any  other  legal  entity  or  firm  established  in  the  Community  or  in  China  involved  in 
cooperative activities including the Parties themselves; 

8. ‘Results of intellectual activity’ means information and/or intellectual property; 

9. The term “nuclear material” means 

(a) “source material”, namely, uranium containing the mixture of isotopes occurring in nature; 
uranium depleted in the isotope 235; thorium; any of the foregoing in the form of metal, alloy, 
chemical  compound,  or  concentrate;  any  other  material  containing  one  or  more  of  the 
foregoing in such concentration as the Board of Governors of the Agency determines under 
Article XX of the Statute of the Agency, done on October 26, 1956 (hereinafter referred to as 
“the Statute”), and the appropriate authorities of both Parties inform each other, in writing, to 
accept;  and  such  other  material  as  the  Board  of  Governors  of  the  Agency  determines  under 
Article XX of the Statute and the appropriate authorities of the Parties inform each other, in 
writing, to accept. 

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(b) “special fissionable material”, namely, plutonium; uranium-233; uranium enriched in the 
isotope  233  or  235;  any  material  containing  one  or  more  of  the  foregoing;  and  such  other 
material as the Board of Governors of the Agency determines under Article XX of the Statute 
and  the  appropriate  authorities  of  both  Parties  inform  each  other,  in  writing,  to  accept.  The 
term “special fissionable material” does not include “source material”. 

10. "Sensitive nuclear material" means separated plutonium (including plutonium contained in 
mixed oxide fuel) or uranium enriched to more than 20 % in the isotope 235 and/or uranium 
233. 

Article 3 

Principles 

Cooperative activities shall be conducted on the basis of the following principles: 

1. mutual benefit based on an overall balance of advantages; 

2. reciprocal access to the activities of research and technological development undertaken by 
each Party; 

3. timely exchange of information which may affect the actions of participants in cooperative 
activities; 

4.  effective  protection  of  intellectual  property  and  equitable  sharing  of  intellectual  property 
rights. 

Article 4 

Areas of cooperative activities 

Cooperation  under  this  Agreement  may  cover  all  the  activities  of  research,  technological 
development, hereinafter referred to as ‘R&D’, included in the Framework Programme of the 
European  Atomic  Energy  Community  for  nuclear  research  and  training  activities  under 
Article 7 of the Treaty establishing the European Atomic Energy Community and all similar 
R&D activities in China in the corresponding scientific and technological fields. 

Co-operation  under  this  Agreement  shall  be  carried  out  within  the  scope  of  the  respective 
competences of each Party, and shall include the following areas: 

(a) 

radiation protection and radiological monitoring; 

(b) 

nuclear safeguards; 

(c) 

nuclear safety and nuclear technology; 

(d) 

innovative concepts; 

(e) 

nuclear metrology and reference materials; 

(f) 

nuclear medicine ; 

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(g) 

decommissioning of nuclear installations; 

(h) 

management of radioactive waste; 

(i) 

controlled thermonuclear fusion; 

(k) 

nuclear education and training; 

(l) 

other areas of co-operation as may be mutually agreed upon by the Parties. 

Article 5 

Forms of cooperative activities 

1.  Subject  to  their  applicable  laws,  regulations  and  policies,  the  Parties  shall  foster,  to  the 
fullest extent practicable, the involvement of participants in cooperative activities under this 
Agreement  with  a  view  to  providing  comparable  opportunities  for  participation  in  their 
scientific and technological research and development activities. 

2. Cooperative activities may take the following forms: 

(a)  participation  of  Chinese  research  entities  to  R&D  projects  under  the  Framework 
Programmes  of  the  European  Atomic  Energy  Community  for  nuclear  research  and  training 
activities  and  participation  of  research  entities  established  in  the  Community  to  Chinese 
projects in similar sectors of R&D. Such a participation is subject to the rules and procedures 
applicable in each Party, 

(b) pooling of R&D projects already implemented according to the procedures applicable in 
the R&D programmes of each Party,  

(c) visits and exchanges of scientists and technical experts, 

(d) joint organisation of scientific seminars, conferences, symposia and workshops, as well as 
participation of experts to those activities, 

(e)  exchanges,  sharing  and  transfer  of  samples,  materials,  instruments  and  apparatus  for 
experimental purposes, 

(f)  exchanges  of  information  on  practices,  laws,  regulations  and  programmes  relevant  to 
cooperation under this Agreement, 

(g) any other modality that would be recommended by the Steering Committee, established in 
accordance  with  Article  12  of  this  Agreement,  and  deemed  in  conformity  with  the  policies 
and procedures applicable in both Parties. The joint R&D projects shall be implemented when 
the participants have developed a technology management plan, as indicated in the Annex B 
to this Agreement. 

Any  transfers  of  nuclear  material  carried  out  pursuant  to  the  co-operation  referred  to  this 
Article shall be made in accordance with the relevant international commitments of the Parties 
and of the Member States of the Community in relation to peaceful uses of nuclear energy. 

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Article 6 

Items subject to the Agreement 

1.  Nuclear  material  transferred  between  China  and  the  Community,  whether  directly  or 
through  a  third  country,  shall  become  subject  to  this  Agreement  upon  its  entry  into  the 
territorial jurisdiction of the receiving Party, provided that the supplying Party has notified the 
receiving  Party  in  writing  of  the  intended  transfer  and  the  receiving  Party  has  confirmed  in 
writing that such item will be held subject to this Agreement and that the proposed recipient, 
if other than the receiving Party, will be an authorised person under the territorial jurisdiction 
of the receiving Party. 

2. Nuclear material subject to this Agreement shall remain subject to this Agreement until: 

(a) such items have been transferred beyond the territorial jurisdiction of the receiving Party 
in accordance with the relevant provisions of this Agreement; 

(b) the Parties agree that such items should no longer be subject to this Agreement;  

or 

(c) in the case of nuclear material, it is determined in accordance with the provisions for the 
termination of safeguards in the relevant agreements referred to in paragraph 1. of Article 8 of 
this  Agreement,  that  the  nuclear  material  has been  consumed,  or  has  been  diluted  in  such  a 
way  that  it  is  no  longer  usable  for  any  nuclear  activity  relevant  from  the  point  of  view  of 
safeguards, or has become practicably irrecoverable. 

3. The appropriate authorities of the Parties shall establish and if necessary amend operational 
procedures  for  the  purpose  of  the  effective  implementation  of  the  provisions  of  this 
Agreement  and  in  particular  the  written  notifications  and  confirmations  required  under 
paragraphs 1. and 2. above. 

Article 7 

Peaceful use 

1. Co-operation under this Agreement shall be carried out only for peaceful and non-explosive 
purposes. 

2.  Nuclear  material,  transferred  pursuant  to  this  Agreement  shall  not  be  used  other  than  for 
peaceful purposes; nor shall it be used for any nuclear explosive device, for research on or for 
development of any such device. 

Article 8 

Nuclear Safeguards 

Co-operation under this Agreement shall require the application, as appropriate, of safeguards 
by the Community and acceptance of the application of safeguards by the Agency. Therefore, 
nuclear material transferred pursuant to this Agreement shall be subject to safeguards by the 

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Community while on its territory, pursuant to the Euratom Treaty and by the Agency pursuant 
to the following safeguards agreements (as they may be revised and replaced): 

1. the Agreement between the Republic of Austria, the Kingdom of Belgium, the Kingdom of 
Denmark, the Republic of Finland, the Federal Republic of Germany, the Hellenic Republic, 
Ireland,  the  Italian  Republic,  the  Grand  Duchy  of  Luxembourg,  the  Kingdom  of  the 
Netherlands,  the  Portuguese  Republic,  the  Kingdom  of  Spain,  the  Kingdom  of  Sweden,  the 
Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the 
Republic  of  Lithuania,  the  Republic  of  Hungary,  the  Republic  of  Malta,  the  Republic  of 
Poland, the Republic of Slovenia and the Slovak Republic, the Community and the Agency in 
implementation  of  Article  III  (1)  and  (4)  of  the  Treaty  on  the  Non-Proliferation  of  Nuclear 
Weapons done on April 5, 1973 (hereinafter referred to as "the Safeguards Agreement for the 
non-nuclear weapon Member States of the Community"), as supplemented by an Additional 
Protocol, done on September 22, 1998 (INFCIRC/193); 

2.  the  Agreement  between  the  United  Kingdom  of  Great  Britain  and  Northern  Ireland,  the 
Community and the Agency for the application of safeguards in the United Kingdom of Great 
Britain  and  Northern  Ireland  in  connection  with  the  Non-Proliferation  Treaty,  done  on 
September  6,  1976  (hereinafter  referred  to  as  "the  Safeguards  Agreement  for  the  United 
Kingdom"), as supplemented by an Additional Protocol done on September 22, 1998; and 

3.  the  Agreement  between  France,  the  Community,  and  the  Agency  for  the  application  of 
safeguards  in  France,  done  on  July  27,  1978  (hereinafter  referred  to  as  "the  Safeguards 
Agreement for France"), as supplemented by an Additional Protocol done on September 22, 
1998. 

4.  The  Agreement  between  the  People’s  Republic  of  China  and  the  IAEA  (INFCIRC/369), 
which  entered  into  force  on  18  September  1989  and  was  supplemented,  by  the  Additional 
Protocol which entered into force in March 2002. 

Implementation  of  relevant  provisions  of  the  Agreement  shall  not  impose  upon  Member 
States obligations additional to those resulting from the application by the IAEA of the above 
mentioned agreements or those resulting from their bilateral agreements, where appropriate. 

Article 9 

Physical protection 

1.  In  respect  of  nuclear  material  transferred  pursuant  to  this  Agreement,  the  Government  of 
China,  the  Governments  of  the  Member  States  of  the  Community  and,  as  appropriate,  the 
European Commission, shall apply measures of  physical  protection  according to the criteria 
which  they  have  individually  adopted.  Furthermore,  the  Parties  recognise  that  the 
recommendations laid down in IAEA document INFCIRC/225/rev.4 (‘Physical protection of 
nuclear material and nuclear facilities’), as they may be updated from time to time, serve as 
useful  orientations  for  setting  up  systems  for  the  physical  protection  of  nuclear  materials 
coming under this Agreement while in use, storage and transit. 

2. In respect of international transport of nuclear material subject to this Agreement, China, 
the  Member  States  of  the  Community  and,  as  appropriate,  the  Community  shall  act  in 
conformity  with  the  provisions  of  the  Convention  on  the  Physical  Protection  of  Nuclear 

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Material, which entered into force on February 8, 1987 (INFCIRC/274/Rev 1), to which they 
are parties. 

Article 10 

Nuclear safety 

The  provisions  of  the  “Convention  on  Nuclear  Safety”  (CSN  -  IAEA  document 
INFCIRC/449) to which China, EURATOM and its Member States are parties shall apply. No 
additional obligations to those assumed under the CNS on the parties to the Agreement and 
the Member States shall arise. 

Article 11 

Retransfers 

1. Nuclear material, transferred pursuant to this Agreement shall not be retransferred beyond 
the territorial jurisdiction of the receiving Party, except into the territorial jurisdiction of the 
supplying Party, unless the receiving Party is provided with the assurances of fulfilment of the 
conditions  set  out  in  Annex  A  of  this  Agreement  in  an  appropriate  way,  or  unless,  in  the 
absence of such assurances, the prior written consent of the supplying Party is obtained. 

2.  In  addition  to  complying  with  the  provisions  of  paragraph  1  above,  the  sensitive  nuclear 
material  transferred  pursuant  to  this  Agreement  shall  not  be  retransferred  beyond  the 
territorial  jurisdiction  of  the  Parties,  except  into  the  territorial  jurisdiction  of  the  supplying 
Party, without the prior written consent of the supplying Party unless, in the case of sensitive 
nuclear  material  transferred  from  China  to  the  Community,  it  will  be  subject  to  the 
appropriate  bilateral  agreement  for  co-operation  in  the  peaceful  uses  of  nuclear  energy 
between  China  and  the  receiving  third  country  or,  in  the  case  of  transfers  from  the 
Community to China, the receiving third country is included on a list to be drawn up by the 
Community, and notification of such retransfers has been given by the receiving Party to the 
supplying Party.  

Article 12 

Coordination and facilitation of cooperative activities 

1.  The  coordination  and  facilitation  of  cooperative  activities  under  this  Agreement  shall  be 
accomplished on behalf of China, by the Ministry of Science and Technology and, on behalf 
of the Community, by the services of the Commission of the European Communities, acting 
as executive agents. 

2. The executive agents shall establish a Steering R&D Cooperation Committee, hereinafter 
referred  to  as  the  ‘Steering  Committee’  for  the  management  of  this  Agreement;  this 
Committee shall consist of an equal number of official representatives of each Party; it shall 
establish its own rules of procedure. 

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3. The functions of the Steering Committee shall include: 

(a) promoting and overseeing the different cooperative activities as mentioned in Article 4 as 
well  as  those  that  would  be  implemented  in  the  framework  of  R&D  cooperation  for 
development; 

(b) indicating, for the following year, pursuant to Article 5.2, first indent, among the potential 
sectors for R&D cooperation, those priority sectors or sub-sectors of mutual interest in which 
cooperation is sought; 

(c)  proposing,  pursuant  to  Article  5.2,  second  indent,  to  the  scientists  of  both  Parties  the 
pooling of their projects which would be of mutual benefit and complementary; 

(d) making recommendations pursuant to Article 5.2, seventh indent; 

(e)  advising  the  Parties  on  ways  to  enhance  and  improve  cooperation  consistent  with  the 
principles set out in this Agreement; 

(f) reviewing the efficient functioning and implementation of this Agreement; 

(g) providing, every three years, a report to the Parties on the status, the level reached and the 
effectiveness of cooperation undertaken under this Agreement.  

4.  The  Steering  Committee  shall,  as  a  general  rule,  meet  annually,  according  to  a  jointly 
agreed schedule; the meetings should  be  held alternatively in the Community and in China. 
Extraordinary meetings may be organised at the request of either Party. 

5. The costs incurred by the Steering Committee or in its name shall be borne by the Party to 
whom  members  relate.  The  costs  other  than  those  for  travel  and  accommodation  which  are 
directly associated with meetings of the Steering Committee shall be borne by the host Party. 

Article 13 

Funding 

1.  Cooperative  activities  shall  be  subject  to  the  availability  of  appropriate  funds  and  to  the 
applicable laws and regulations, policies and programmes of the Parties. The costs incurred by 
the participants to cooperative activities will not lead to any transfer of funds from one Party 
to the other. 

2.  When  specific  cooperative  schemes  of  one  Party  provide  for  financial  support  to 
participants from the other Party, any such grants, financial or other contributions from one 
Party to the participants of the other Party in support of those activities shall be granted tax 
and  customs  exemption  in  accordance  with  the  laws  and  regulations  applicable  in  the 
territories of each Party. 

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Article 14 

Entry of personnel and experimental equipment 

Each  Party  shall  take  all  reasonable  steps  and  use  its  best  efforts,  within  the  laws  and 
regulations  applicable  in  the  territories  of  each  Party,  to  facilitate  entry  to,  sojourn  and  exit 
from  its  territory  of  persons,  material,  data,  samples,  instruments  and  apparatus  for 
experimental  purposes  involved  in  or  used  in cooperative  activities  identified  by  the  Parties 
under the provisions of this Agreement. In particular, goods imported into the territory of one 
of  the  parties  for  the  purpose  of  the  agreement  shall  be  exempted  from  customs  duties  and 
levies. 

Article 15 

Diffusion and utilisation of information 

The  research  entities  established  in  China  which  are  involved  in  Community  R&D  projects 
shall follow, as regards the ownership, diffusion and utilisation of information and as regards 
the  intellectual  property  stemming  from  this  involvement,  the  rules  of  diffusion  of  research 
results stemming from the Community R&D specific programmes as well as the provisions of 
the Annex B to this Agreement, which is an integral part of this agreement.  

The  research  entities  established  in  the  Community  which  are  involved  in  Chinese  R&D 
projects have, as regards the ownership, diffusion and utilisation of information and as regards 
the  intellectual  property  stemming  from  this  involvement,  the  same  rights  and  the  same 
obligations as the Chinese research entities and are subject to the provisions of the Annex B to 
this Agreement.  

The provisions of this Agreement shall not be used for the purpose of seeking commercial or 
industrial advantages, nor of interfering with the commercial or industrial interests, whether 
domestic  or  international,  of  either  Party  or  authorised  persons,  nor  of  interfering  with  the 
nuclear policy of either Party or of the Governments of the Member States of the Community, 
nor of hindering the promotion of the peaceful and non-explosive uses of nuclear energy, nor 
of  hindering  the  movement  of  items  subject  to  or  notified  to  be  made  subject  to  this 
Agreement  either  within  the  respective  territorial  jurisdiction  of  the  Parties  or  between  the 
Parties. 

Article 16 

Confidentiality 

Without  prejudice  to  application  of  Article  15,  each  Party  undertakes  to  keep  secret,  even 
after the termination or end of this Agreement, any information, facts or events concerning the 
other  Party  and  not  directly  related  to  the  subject  of  the  Agreement  that  they  may  have 
become acquainted with in the course of its execution. 

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Article 17 

Territorial application 

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 
that Treaty, and on the other hand to the territory of the People's Republic of China. This shall 
not prevent the conduct of cooperative activities on the high seas, outer space, or the territory 
of third countries, in accordance with international law. 

Article 18 

Bilateral nuclear co-operation agreements 

This agreement shall be without prejudice to existing bilateral agreements between individual 
Member States of the Community and China.  
Furthermore, this Agreement shall be without prejudice to existing agreements or agreements 
to be concluded in the future between individual Member States of the Community and China 
covering  the  transfer  of  other  nuclear  items  (equipment,  non-nuclear  material  and  sensitive 
technology). 

Article 19 

Entry into force, termination and dispute settlement 

1. This Agreement shall enter into force on the date on which the Parties have notified each 
other in writing that their respective internal procedures necessary for its entry into force have 
been completed. 

2. This Agreement shall remain in force for a period of thirty years and shall continue in force 
thereafter for additional periods of five years each.  

3. This Agreement may be amended by agreement of the Parties. Amendments shall enter into 
force on the date on which the Parties have notified each other in writing that their respective 
internal procedures necessary for amending this Agreement have been completed. 

4.  Either  Party  may,  by  giving  six  months'  written  notice  to  the  other  Party,  terminate  this 
Agreement at the end of the initial thirty-year period or at the end of any subsequent five-year 
period.. The expiry or termination of this Agreement shall not affect the validity or duration of 
any  arrangements  made  under  it,  or  any  specific  rights and obligations that have accrued in 
compliance with the Annex B. 

5. If either Party or a Member State of the Community at any time following the entry into 
force of this Agreement takes action of any kind which results in a material  violation of its 
obligations under this Agreement and in particular its  obligations under Articles 7, 8, 9 and 
11, the other Party shall have the right to cease further co-operation under this Agreement or 
to suspend or terminate, in whole or in part, this Agreement. 

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6. All questions or disputes related to the interpretation or implementation of this Agreement 
shall be settled by mutual agreement between the Parties. 

7. Notwithstanding cessation of further co-operation under this agreement in whole or in part, 
the termination of this Agreement for any reason, the provisions of Articles 7, 8, 9, 11, 15 and 
16 of this Agreement shall continue to apply. 

8. This agreement is drawn up in duplicates in 21 languages (Danish, Dutch, English, Finnish, 
French, German, Greek, Italian, Portuguese, Spanish, Swedish, Czech, Estonian, Hungarian, 
Lithuanian,  Latvian,  Maltese,  Polish,  Slovak,  Slovenian  and  Chinese.  English  and  Chinese 
shall be the authentic languages. 

In  witness  whereof,  the  undersigned,  being  duly  authorised  thereto,  have  signed  this 
Agreement.  

Done at, ………….., in two copies, in the English and Chinese languages. 

For the European Atomic 
Energy Community 

For  the  Government  of  the 
People's Republic of China 

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ANNEX A 

Items retransferred will be used only for peaceful and non-explosive purposes in the 

1. 
receiving third country. 

If the receiving third country is a non-nuclear weapon state, all nuclear material in that 

2. 
country is and will be subject to the application of safeguards by the Agency. 

In  the  case  that  nuclear  material  is  retransferred,  safeguards  by  the  Agency  will  be 

3. 
applied to the nuclear material in the receiving third country. 

4. 
In  the  case  that  nuclear  material  is  retransferred,  adequate  measures  of  physical 
protection  of  the  nuclear  material  will  be  maintained  in  the  receiving  third  country,  as  a 
minimum, at levels set out in Article 9 of this Agreement. 

Items retransferred will not be further retransferred beyond the receiving third country 
5. 
to another country unless the latter country provides assurances equivalent to those set out in 
this Annex A. 

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ANNEX B-1 

Guiding principles on the allocation of intellectual property rights resulting from joint 
research activities under the Agreement 

I. OWNERSHIP, ALLOCATION AND EXERCISE OF RIGHTS 

1.  This  Annex  shall  apply  to  joint  research  activities  under  this  Agreement  except  as 
otherwise  agreed  by  the  Parties.  The  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 

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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, 

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 

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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 B-2 

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. 

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