Agreement between the European Atomic Energy Community and the Cabinet of Ministers of Ukraine for Co-operation in the Peaceful Uses of Nuclear Energy
Date: 2005-04-28
Institutions: European Atomic Energy Community, Ukraine
Subjects: EAEC, Ukraine, cooperation agreement (EU), nuclear energy, nuclear research, nuclear safety, nuclear technology, peaceful use of energy

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between the European Atomic Energy Community and the Cabinet of Ministers of Ukraine for
Co-operation in the Peaceful Uses of Nuclear Energy

AGREEMENT

The EUROPEAN ATOMIC ENERGY COMMUNITY (Euratom), hereinafter referred to as ‘the Community’,

and the CABINET OF MINISTERS OF UKRAINE,

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

MINDFUL that the Partnership and Co-operation Agreement between the European Communities and their Member States
and Ukraine (hereinafter referred to as ‘Partnership and Co-operation Agreement’), which entered into force on 1 March
1998, establishes that the Parties shall co-operate in the civil nuclear sector on the basis of specific agreements to be
concluded between the Parties,

WHEREAS all Member States of the Community and Ukraine are Parties to the Treaty on the Non-Proliferation of Nuclear
Weapons, hereinafter referred to as ‘the Non-Proliferation Treaty’,

WHEREAS the Community, its Member States and Ukraine are committed to ensuring that the research, development and
use of nuclear energy for peaceful purposes are carried out in a manner consistent with the objectives of the Non-
Proliferation Treaty,

WHEREAS safeguards are applied in the Community both under Chapter 7 of the Treaty Establishing the European
Atomic Energy Community (hereinafter referred to as ‘Euratom Treaty’) and under safeguards agreements concluded
between the Community, its Member States and the International Atomic Energy Agency, hereinafter referred to as ‘the
IAEA’,

WHEREAS safeguards are applied in Ukraine according to the Agreement between Ukraine and the International Atomic
Energy Agency for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear
Weapons,

WHEREAS the Community, its Member States and Ukraine reaffirm their support of the IAEA and of its strengthened
safeguards system,

WHEREAS it is appropriate to strengthen the basis for co-operation between the Parties in the civil nuclear sector by a
framework agreement,

HAVE AGREED AS FOLLOWS:

Article 1

Definitions

For the purpose of this Agreement:

(a)

‘nuclear material’ means any source material or special
as
fissionable material
in
those
Article XX of
the International Atomic
the Statute of
Energy Agency;

are defined

terms

(i)

the legal person created by the Treaty establishing the
European Atomic Energy Community, Party to this
Agreement;

(ii) the territories to which this same Treaty applies;

(c)

‘appropriate authorities of the Parties’ means:

(i)

for the Community, the European Commission;

(b) ‘Community’ means both:

(ii) for Ukraine, the Ministry of Fuel and Energy of Ukraine;

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or such other authority as the Party concerned may at any time
notify to the other Party.

Article 5

Controlled nuclear fusion

Article 2

Objective

The objective of this Agreement is to provide a framework for
co-operation between the Parties in the peaceful uses of nuclear
energy with a view to strengthening the overall co-operation
relationship between the Community and Ukraine on the basis
of mutual benefit and reciprocity and without prejudice to the
respective powers of each Party.

Article 3

Scope of co-operation

1.
The Parties may co-operate in the way as specified in
Articles 4 to 8 of this Agreement below in the peaceful uses
of nuclear energy in the following areas:

(a) nuclear safety (Article 4);

(b) controlled nuclear fusion (Article 5);

(c) nuclear research and development in other areas than those
foreseen under subparagraph (a) and (b) above (Article 6);

(d) international

transfers,

trade

in nuclear materials and

provision of nuclear fuel cycle services (Article 7);

(e) prevention of illicit trafficking of nuclear material (Article

8);

(f) other relevant areas of mutual interest.

The co-operation in the field of controlled nuclear fusion shall
be implemented according to the Agreement for Co-operation
between the European Atomic Energy Community and the
Cabinet of Ministers of Ukraine in the Field of Controlled
Nuclear Fusion, which entered into force on 13 November
2002.

Article 6

Other areas of nuclear research and development

1.
Co-operation shall extend to nuclear research and devel-
opment activities of mutual interest to the Parties other than
those been provided for in Articles 4 and 5 of this Agreement
in so far as they are
above, as agreed between the Parties,
covered by respective research and development activities
undertaken by the Parties.

On the Community side, the co-operation may include in

2.
particular the following areas:

(a) applications of nuclear energy in the fields of medicine and

industry, including generation of electricity;

(b) environmental impact of nuclear energy;

(c) areas of co-operation in the civil nuclear sector outlined in
paragraph 2 of Article 62 of
the Partnership and Co-
operation Agreement, as far as they can be implemented
under the Euratom Treaty.

The co-operation shall be implemented in particular

3.
through:

— exchange of

technical

information by means of reports,

visits, seminars, technical meetings, etc,

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

2.
The co-operation referred to in this Article, as between the
Parties, may also take place between persons and undertakings
established in the Community and Ukraine.

— exchange of samples, materials, instruments and apparatus

for experimental purposes,

Article 4

Nuclear safety

The co-operation in the field of nuclear safety shall be imple-
mented according to the Agreement for Co-operation between
the European Atomic Energy Community and the Cabinet of
Ministers of Ukraine in the Field of Nuclear Safety, which
entered into force on 13 November 2002.

— balanced participation in joint studies and activities.

To the extent necessary, the scope, terms and conditions
4.
for co-operation in concrete projects will be laid down in imple-
menting arrangements, entered into by the Parties acting
institutions which will proceed
through their
according
regulatory
requirements.

competent

respective

legislative

to their

and

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Such implementing arrangements may,

inter alia, cover
5.
financing provisions, assignment of management responsibilities
and detailed provisions on dissemination of information and
intellectual property rights.

Costs resulting from co-operation activities shall be borne
incurs them, unless otherwise specifically

6.
by the Party that
agreed by the Parties.

Article 7

International transfers, trade in nuclear materials and
provision of relevant services

1.
Nuclear material transferred between the Parties, 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 prior to, or at
the time of,
shipment, (in accordance with procedures defined in an Admin-
istrative Arrangement
to be established by the appropriate
authorities of the Parties).

2.
Nuclear material referred to in paragraph 1 of this Article
shall remain subject to the provisions of this Agreement until:

— it is determined in accordance with the provisions for the
termination of safeguards in the relevant agreement referred
to in subparagraph (b) of paragraph 6 of this Article below,
that it is no longer usable for any nuclear activity relevant
from the point of view of safeguards, or has become prac-
ticably irrecoverable,

— it has been transferred beyond the jurisdiction of

the
recipient Party in accordance with subparagraph (e) of
paragraph 6 of this Article below, or

— the Parties agree that it should no longer be subject to this

Agreement.

Any nuclear transfers carried out pursuant

3.
to the co-
operation activities shall be made in accordance with the
the
relevant
Parties and of the Member States of the European Union in
relation to peaceful uses of nuclear energy as
listed in
paragraph 6 of this Article.

international and multilateral commitments of

Trade in nuclear materials and provision of

4.
relevant
services between the Parties shall be carried out at market-
related prices.

the nuclear industry,

the
of
Community or Ukraine, either Party may request consultations
which shall be held as soon as possible in the framework of an
ad hoc Committee.

including uranium mining, of

If no mutually acceptable solution to these problems can be
found in the consultations,
the Party having requested the
consultations may take the appropriate commercial safeguard
measures to solve them or mitigate their effects in accordance
with its internal legislation and with the relevant principles of
international law.

The implementation of the first and second provisions of this
paragraph above shall be without prejudice to the Euratom
Treaty and secondary legislation thereunder.

Transfers of nuclear material shall be subject

6.
following conditions:

to the

(a)

the nuclear material shall be used for peaceful purposes and
not for any nuclear explosive device or for research on, or
development of, any such device;

(b) the nuclear material shall be subject:

(i)

in the Community, to the Euratom safeguards pursuant
to the Euratom Treaty and to the IAEA safeguards
pursuant
to the following safeguards agreements, as
relevant, and as they may be revised and replaced, so
long as coverage as required by the Non-Proliferation
Treaty is provided for:

— the Agreement between the Community’s non-
nuclear weapon Member States, European Atomic
Energy Community and the International Atomic
Energy Agency, which entered into force on 21
February 1977 (published as INFCIRC/193),

— the Agreement between France, European Atomic
Energy Community and the International Atomic
Energy Agency, which entered into force on 12
September 1981 (published as INFCIRC/290),

— the Agreement between the United Kingdom,
European Atomic Energy Community and the Inter-
national Atomic Energy Agency, which entered into
force
as
INFCIRC/263),

14 August

(published

1978

on

5.
The Parties shall try to avoid conflict situations requiring
commercial safeguard measures in their mutual trade in nuclear
materials. If problems nevertheless arise in their mutual trade in
nuclear materials which would seriously jeopardise the viability

supplemented by Additional Protocols concluded on
22 September 1998 on the basis of the document
published as INFCIRC/540 (Strengthened Safeguards
System, Part II).

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(ii) in Ukraine,

and the

to the IAEA safeguards pursuant

to the
Agreement between Ukraine
International
Atomic Energy Agency for the Application of Safe-
guards in Connection with the Treaty on the Non-Prolif-
eration of Nuclear Weapons, which entered into force
on 22 January 1998 (published as
INFCIRC/550);
supplemented by an Additional Protocol concluded on
15 August 2000 on the basis of
the document
published as
INFCIRC/540 (Strengthened Safeguards
System, Part II) if it is in force.

Suppliers Group. In particular, the Guidelines for Nuclear
Transfers,
INFCIRC/
254/Rev.5/Part1, as
shall apply to
retransfers of any items subject to this Article.

in IAEA document

it may be revised,

set out

as

shall

The Parties

7.
facilitate trade in nuclear materials
between themselves or between persons or undertakings estab-
lished in the respective territories of the Parties in the mutual
interest of producers, the nuclear fuel cycle industry, utilities
and consumers.

(c)

In the event of the application of any of the Agreements
this
with the IAEA referred to in subparagraph (b) of
paragraph above being suspended or terminated for any
reason within the Community or Ukraine,
the relevant
Party shall enter into an agreement with the IAEA which
provides for effectiveness and coverage equivalent to that
provided by the safeguards agreements
referred to in
provisions (i) or (ii) of subparagraph (b) of this paragraph,
or, if that is not possible,

the Community, as far as it is concerned, shall apply safe-
guards based on the Euratom safeguards system, which
provides for effectiveness and coverage equivalent to that
referred to in
provided by the safeguards agreements
provision (i) of subparagraph (b) of this paragraph or,
if
that is not possible,

the Parties shall enter arrangements for the application of
safeguards, which provide for effectiveness and coverage
equivalent to that provided by the safeguards agreements
referred to in provisions (i) or (ii) of subparagraph (b) of
this paragraph.

Authorisations, including export and import licences as well as
authorisations or consents to third parties, relating to trade,
industrial operations or nuclear material movements on the
territories of the Parties shall not be used to restrict trade or
hinder the commercial interests of either Party on the peaceful
use of nuclear energy both internationally and domestically. The
relevant authority shall act upon applications for such author-
isations as soon as possible after submission and without unrea-
sonable expense. Appropriate administrative provisions shall be
in place to ensure respect of this provision.

Provisions of this Agreement shall not be used to impede the
free movement of nuclear material within the territory of the
Community.

for any reason,

Notwithstanding the suspension or termination of

this
8.
Agreement
(a) and (b) of
paragraph 6 of this Article shall continue to apply so long as
any nuclear material subject to these provisions remains under
the jurisdiction of either Party or until a determination is made
in accordance with paragraph 2 of this Article.

subparagraphs

(d) Application of physical protection measures at levels which
satisfy as a minimum the criteria set out in Annex C to
IAEA document
INFCIRC/254/Rev.5/Part1 (Guidelines for
Nuclear Transfers) as it may be revised; supplementary to
this document, the Member States of the Community, the
European Commission, as appropriate, and Ukraine will
refer when applying physical protection measures to the
recommendations in IAEA document
INFCIRC/225/Rev.4
corrected (Physical Protection of Nuclear Material) as it
may be revised. International transport shall be subject to
the International Convention on the
the provisions of
Physical Protection of Nuclear Material
(IAEA document
INFCIRC/274/Rev.1), as it may be revised and, as soon as
possible, to the IAEA Regulations for the Safe Transport of
Radioactive Materials (IAEA Safety Standards Series n. ST-1),
as they may be revised.

Article 8

Prevention of illicit trafficking of nuclear material

Co-operation in the field of prevention of illicit trafficking of
nuclear material shall relate to the promotion of methods and
techniques of control of nuclear material.

Article 9

Other areas of mutual interest

1.
The Parties may agree within the scope of their respective
competencies to co-operation in other activities in the field of
nuclear energy.

(e) Retransfers of any items subject to this Article outside the
jurisdiction of the Parties shall only be made under the
framework of the commitments undertaken by individual
Member States of the Community and Ukraine within the
group of nuclear supplier countries known as the Nuclear

On the Community’s side, the activities would have to be
2.
covered by relevant programmes of action and correspond to
in areas such as the safe
the conditions specified for it, e.g.
transport of nuclear material,
industrial co-
operation to promote certain aspects of the safety of nuclear
installations.

safeguards or

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The paragraphs 4, 5 and 6 of Article 6 of this Agreement

3.
are equally applicable.

Article 13

Entry into force and duration

Article 10

Applicable law

Co-operation under this Agreement shall be in accordance with
the laws and regulations in force within the Community and
Ukraine as well as with the international agreements entered
into by the Parties. In the case of the Community the applicable
law includes the Euratom Treaty and secondary legislation
thereunder.

Article 11

Intellectual property

The utilisation and diffusion of
information and intellectual
property rights, patents and copyrights connected with the
in
co-operation activities under
accordance with the Annexes to the Agreements for Co-
operation between the European Atomic Energy Community
and the Cabinet of Ministers of Ukraine in the Field of
Nuclear Safety and Controlled Nuclear Fusion as referred to
above in Articles 4 and 5 of this Agreement, respectively.

this Agreement

shall be

Article 12

Consultation and arbitration

1.
The Parties will hold regular consultations within the
framework of the Partnership and Co-operation Agreement to
monitor the co-operation under this Agreement unless specific
consultation mechanisms are foreseen by the Parties.

1.
The Agreement shall enter into force on the date the
Parties, through an exchange of diplomatic notes, specify its
entry into force (1) and shall remain in force for an initial
period of five years.

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

3.
If either Party or any Member State of the Community
violates any of the material provisions of this Agreement, the
other Party may, on giving written notice to that effect, suspend
or terminate co-operation under this Agreement in whole or in
part.

Before either Party takes action to that effect the Parties shall
consult with a view to reaching agreement on the corrective
measures to be taken and on the time-scale within which such
measures shall be taken.

Action under the first provision of this paragraph shall be taken
only if there has been failure to take the agreed measures within
the agreed time or, in the event of failure to reach agreement as
provided in the foregoing paragraph, after
the lapse of a
reasonable period of
time having regard to the nature and
gravity of the violation.

This Agreement shall be drawn up in duplicate in the Danish,
Dutch, English,
Italian,
Portuguese, Spanish, Swedish and Ukrainian languages, each
text being equally authentic.

French, German, Greek,

Finnish,

2.
Any dispute relating to the application or interpretation of
this Agreement may be dealt with according to the procedure
established by Article 96 of the Partnership and Co-operation
Agreement.

For the European Atomic Energy
Community

For the Cabinet of Ministers of
Ukraine

Andris PIEBALGS

Ivan PLACHKOV

Done at Kiev, 28 April 2005.

(1) 1.9.2006.