Proposal for a Council Decision concerning the negotiation of the accession of the European Atomic Energy Community (Euratom) to an international Framework Agreement among the Members of the Generation IV International Forum in the field of nuclear-related research
Date: 2005-05-25
Institutions: European Commission
Subjects: EAEC, accession to an agreement, international agreement, international organisation, nuclear research

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 25.5.2005 
COM(2005) 222 final 

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL 

concerning the negotiation of the accession of the European Atomic Energy Community 
(Euratom) to an international Framework Agreement among the Members of the 
Generation IV International Forum in the field of nuclear-related research 

Proposal for a 

COUNCIL DECISION 

concerning the negotiation of the accession of the European Atomic Energy Community 
(Euratom) to an international Framework Agreement among the Members of the 
Generation IV International Forum in the field of nuclear-related research 

(presented by the Commission) 

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COMMUNICATION FROM THE COMMISSION TO THE COUNCIL 

concerning the negotiation of the accession of the European Atomic Energy Community 
(Euratom) to an international Framework Agreement among the Members of the 
Generation IV International Forum in the field of nuclear-related research 

The  "Generation  IV"  initiative  was  launched  by  the  US  DOE  at  the  beginning  of  2000.  It 
concerns concepts for one or more nuclear energy systems that can be operated in a manner 
that will provide a competitive and reliable supply of energy, while satisfactorily addressing 
nuclear  safety,  waste,  proliferation  and  public  perception  concerns.  Several  European 
countries (United Kingdom, France and Switzerland), as well as Japan, Korea, South Africa, 
Argentina, Brazil and Canada, have joined. To this end, these countries signed the Charter of 
the Generation IV International Forum (GIF). The Commission decided on 4 November 2002 
(Commission  decision  number  C(2002)4287)  that  the  Euratom  Atomic  Energy  Community 
(Euratom)  should  adhere  to  the  Charter.  The  Charter  was  subsequently  signed  on  behalf  of 
Euratom  on  30  July  2003.  Several  Member  States  strongly  supported  this  adhesion  because 
they  were  also  interested  to  participate  in  the  research.  Their  participation  is  now  possible 
through  Euratom  membership.  This  will  provide  the  possibility  for  all  interested  Member 
States,  as  well  as  to  countries  associated  to  the  Euratom  Framework  Programmes,  to  build 
competence  and  knowledge  and  gain  information  about  the  technical  and  safety  issues 
connected to the next generation of nuclear reactor systems. 

The  “Technology  Roadmap”,  the  main  document  describing  the  technical  content  of  the 
research  to  be  performed,  identified  six  different  nuclear  energy  systems  for  further 
development.  The  actual  research  work  will  take  place  at  the  level  of  individual  projects 
performed by research institutes, industrial partners etc. and the integration of the results of 
these  projects  into  one  nuclear  energy  system  will  need  to  be  monitored  and  steered  at  the 
appropriate level.  

The  performance  of  the  research  work  necessitates  a  legal  framework.  Informal  discussions 
have taken place from the beginning of the Generation IV initiative on what this framework 
should be. Issues such as governance of the research projects, use of existing know-how and 
intellectual  property  rights,  creation  of  new  intellectual  property  rights,  dispute  settlement, 
accession of new members etc. were addressed. The parties have now come to the conclusion 
that  one  legally  binding  framework  agreement  is  necessary.  Six  arrangements,  one  for  each 
system,  and  arrangements  for  each  project  within  the  GIF  systems  will  be  concluded  as 
implementing instruments for the Framework Agreement. 

The  draft  texts  of  the  envisaged  framework  agreement  and  of  a  template  for  the  six  system 
arrangements were circulated and commented upon without a clear conclusive outcome. 

At the end of November 2004, the US Chair of the GIF Policy Group, which is the highest 
Governance Committee, declared that, based on these discussions, it was able to issue a draft 
Framework  Agreement  and  that  this  draft  has  been  endorsed  through  the  internal  US  inter-
agency procedure. The Policy Group Chair tabled this Framework Agreement still as a draft, 
but  its  main  elements  were  considered  as  no  longer  negotiable.  The  discussion  on  the  text 
continued for a while, only for clarifying the wording of few articles. 

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After having been postponed twice, the Winter meeting of the Policy Group took place mid-
January  2005  and,  relatively  soon  after  this  meeting,  a  finalised  version  of  the  Framework 
Agreement was open for signature on 11 February 2005. The sole purpose of this Framework 
Agreement  being  to  create  a  legally  binding  framework  to  allow  R&D  work  at  the  project 
level, none of the other Parties objected to its opening for signature. 

However, in this process, the Commission was confronted with the systematic request from 
the  US  Department  of  State  aiming  to  prevent  multi-governmental  organisations,  including 
the  Community,  to  take  part  to  deliberation  to  which  one  or  more  of  their  Member  States 
participate. Finally, the Commission informed the US authorities that if the wording was not 
deleted, neither the Community, nor UK and France would be allowed to sign the agreement. 
As a consequence, the signing event has been  delayed  for  two weeks.  A  compromise  being 
necessary in order to facilitate UK and France signature, the Commission agreed to make the 
following declaration if and when it will adhere to the Agreement: 

"In  becoming  a  Party  to  this  Framework  Agreement,  Euratom  shall  fully  participate  in  all 
this  Framework  Agreement  and  any  System 
collaboration  and  deliberations  under 
Arrangement to which it is a signatory, but it shall not block consensus reached by the other 
Parties  to  this  Framework  Agreement  or  by  the  other  signatories  to  System  Arrangements 
where both it and one or more of its member states are signatories." 

This declaration underlines that the Community will be full Party to the agreement, but will 
systematically  stick  together  with  its  Member  States.  In  order  to  ensure  this  solidarity,  the 
Commission  and  Member  State  Parties  to  this  Framework  Agreement  will  make  the 
declaration hereunder, that will be attached to the Council Minutes: 

“The  Commission  and  the  Member  State  Parties  to  the  Framework  Agreement  –  currently, 
France and UK – will co-ordinate closely and harmonise their positions before any significant 
decision is taken in the implementation of the Framework Agreement and the relevant System 
Arrangements.“ 

The Commission will pursue the organisation of regular meetings, at least twice a year, open 
to  any  Member  State  or  research  organisation  willing  to  contribute  to  the  R&D  undertaken 
within  GIF.  This  co-ordination  process  will  involve  countries  associated  to  the  Euratom  FP 
and thus include Switzerland, which is also a GIF Member. 

The Commission considers that the proposed Framework Agreement should be acceptable for 
the  Community  and  thus  decided  to  submit  it  to  the  Council  in  accordance  with  the  article 
101.2 of the Euratom Treaty. 

The Framework Agreement represents a step forward in the definition of the international co-
operation  in  the  field  of  Generation  IV  systems  and  translates  the  provisions  of  the  GIF 
Charter, whose content marked a political agreement without financial implication and which 
was thus signed directly by the Commission, into a legally binding document. The accession 
to  the  Framework  Agreement  requires  endorsement  by  the  Council  as  it  will  constitute  the 
premise of concrete research collaboration, which could not yet start in the absence of clear 
setting of conditions governing such collaboration. In addition, the duration of the Framework 
Agreement  will  cover  more  than  two  Framework  Programmes,  and  at  least  two  Council 
decisions  will  be  needed  to  guide  the  Community  contribution  to  GIF  that  shall  match  the 
Council decisions on the existing and future Framework Programmes. 

Finally,  it  should  be  noted  that  there  is  no  compulsory  provision  for  financial  exchanges  or 
special budgetary allocations between the Parties. The existing provisions in this respect are 

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subject to individual rules, practice and will of the partners. The only costs involved are not 
direct research costs, but refer to the technical highly specialised services of the NEA that will 
ensure  the  knowledge  management  of  GIF.  They  can  be  covered  to  a  large  extent  by  the 
secondment  of  adequate  staff  to  the  Technical  Secretariat,  on  a  voluntary  basis,  from  R&D 
organisations  interested  in  the  participation  in  specific  GIF  projects.  Only  a  limited  amount 
may be needed to cover the remaining part of the costs incurred by the secretarial services of 
the  NEA.  Therefore,  the  direct  Community  contribution  to  GIF  will  be  designated  by  the 
R&D  Framework  Programmes  and  limited  to  possibilities  offered  by  the  Council  decision 
adopting  these  Programmes.  This  will  ensure  the  matching  of  the  Euratom  contribution  to 
R&D activities under GIF projects with the priorities defined in the Framework Programmes. 
However, this will not prevent any Member State or national R&D organisation that wishes to 
contribute  to  GIF  with  its  own  means  to  channel  its  contribution  through  the  Community, 
including in areas that are not covered by the Euratom contribution.  

The  last  point  on  which  the  Commission  wishes  to  draw  the  attention  of  the  Council  is  the 
language regime. All partners were ready to accept the sole English version issued by the US-
DOE as being authentic. However, because it will be signed by the Government of Canada a 
French version was necessary. It has been issued by the Canadian authorities and revised by 
the NEA. 

In the light of the above, the Council is invited to adopt the attached draft decision. 

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EXPLANATORY MEMORANDUM 

The "Generation IV" International Forum (GIF) initiative, launched at the beginning of 2000 
by  the  US-DOE,  concerns  concepts  for  one  or  more  nuclear  energy  systems  that  can  be 
operated  in  a  manner  that  will  provide  a  competitive  and  reliable  supply  of  energy,  while 
satisfactorily  addressing  nuclear  safety,  waste,  proliferation  and  public  perception  concerns. 
Currently there are eleven members of GIF, signatories of the GIF Charter: Argentina, Brazil, 
Canada, Euratom, France, Japan, Korea, South Africa, Switzerland, United Kingdom, and the 
United States of America.  

The GIF Charter was signed on behalf of Euratom on 30 July 2003 based on the Commission 
decision  number  C(2002)4287.  Several  Member  States  strongly  supported  this  adhesion 
because they were also interested to participate in the research to be undertaken under GIF. 
Euratom membership provides the opportunity for all interested Member States, as well as to 
countries  associated  to  the  Euratom  Framework  Programmes,  to  participate  in  GIF  R&D 
activities, to build competence and knowledge and gain information about the technical and 
safety issues connected to the next generation of nuclear reactor systems. 

The technology aspects related to GIF are dealt with in the “Technology Roadmap”, finalised 
at the end of 2002, which identified six nuclear energy systems to pursue research on.  

The  performance  of  the  research  work  necessitates  a  legal  framework.  The  envisaged  GIF 
legal  architecture  will  include  three  levels  of agreements  (a  Framework  Agreement,  System 
Arrangements and, respectively, Project Arrangements within each System) to allow for the 
performance of the research and sharing of the results.  

The Framework Agreement, finalised at the beginning of 2005, represents a step forward in 
the  definition  of  the  international  co-operation  in  the  field  of  Generation  IV  systems  and 
translates  into  a  legally  binding  document  the  provisions  of  the  GIF  Charter.  (The  latter, 
whose  content  marked  a  political  agreement  without  financial  implication,  was  thus  signed 
directly by the Commission.) 

The  accession  to  the  Framework  Agreement  requires  endorsement  by  the  Council  as  it  will 
provide a clear setting of conditions governing the concrete research collaboration within GIF. 
In addition, the duration of the Framework Agreement will cover more than two Framework 
Programmes,  and  at  least  two  Council  decisions  will  be  needed  to  guide  the  Community 
contribution  to  GIF  that  shall  match  the  Council  decisions  on  the  existing  and  future 
Framework Programmes. 

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Proposal for a 

COUNCIL DECISION 

concerning the negotiation of the accession of the European Atomic Energy Community 
(Euratom) to an international Framework Agreement among the Members of the 
Generation IV International Forum in the field of nuclear-related research 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Atomic  Energy  Community 
(hereinafter Euratom), and in particular Article 101(2) thereof, 

Whereas; 

(1) 

the United States of America, the United Kingdom, France, Switzerland, Japan, South 
Korea,  South  Africa,  Argentina  and  Canada  have  created  the  Generation  IV 
International  Forum  (GIF)  with  the  purpose  of  developing  concepts  for  one  or  more 
nuclear  energy  systems  that  can  be  operated  in  a  manner  that  will  provide  a 
competitive  and  reliable  supply  of  energy,  while  satisfactorily  addressing  nuclear 
safety, waste, proliferation and public perception concerns;  

(2) 

Euratom has acceded to the Generation IV International Forum on 30 July 2003; 

(3) 

(4) 

(5) 

(6) 

the international co-operation and exchange in the R&D of nuclear-related technology, 
envisaged under the GIF, necessitates a legal framework in view of the management of 
the  research  work  in  a  way  that  provides  legal  security  to  the  participants  and  in 
particular in view of the protection of rights generated under the research work, such 
as intellectual property rights; 

to  this  end,  the  parties  to  GIF  have  agreed  upon  the  conclusion  of  a  framework 
agreement  setting  the  framework  conditions  for  the  co-operation  and  for  subsequent 
system and project arrangements;  

the Community contribution to GIF R&D projects shall remain within the scope of the 
Council decisions on Euratom Framework Programme; 

any  Member  State,  its  public  or  private  research  organisations  or  its  industry  may 
channel  its  direct  contribution  to  these  R&D  works  through  the  accession  of  the 
Community to the Framework Agreement; 

HAS DECIDED AS FOLLOWS: 

Article 1 

The European Commission is authorised to negotiate the accession of the European Atomic 
Energy Community (Euratom) to the attached Generation IV International Forum Framework 

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Agreement  in  order  to  allow  both  a  direct  contribution  of  the  Community  to  the  GIF  R&D 
activities  and  the  possibility,  for  any  Member  State,  its  public  or  private  research 
organisations or its industry, to channel their contributions to GIF R&D work. 

Article 2 

If  the  Parties  to  the  Generation  IV  International  Forum  accept  this  accession  without  any 
further  comment,  the  Commission  is  authorised  to  sign  the  attached  Framework  Agreement 
on behalf of the Community. 

Done at Brussels,  

For the Council 
The President 

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ANNEX  

FRAMEWORK AGREEMENT 

FOR 

INTERNATIONAL COLLABORATION ON 

RESEARCH AND DEVELOPMENT O 

GENERATION IV NUCLEAR ENERGY SYSTEMS 

The Parties to the present Framework Agreement, 

CONSIDERING  the  expected  increase  in  energy  demand  worldwide,  and  the  contribution 
that the development and deployment of innovative technologies and fuels can make to meet 
future global energy demand in a sustainable manner;  

CONSIDERING  that  collaboration  on  research  and  development  by  many  countries  on  the 
development of advanced next generation nuclear energy systems will aid progress toward the 
realization of such systems;  

CONSIDERING that Parties or their ministries, departments, agencies or other entities have 
signed a Charter for the Generation IV International Forum (hereinafter referred to as “GIF”) 
as a basis for international collaboration on research and development for the next generation 
of nuclear energy systems (hereinafter referred to as “Generation IV Systems”); 

CONSIDERING that GIF members have created a standing governance structure composed 
of a Policy Group, Experts Group, and Secretariat, to implement the Charter;  

CONSIDERING  that  the  GIF  has  completed  “A  Technology  Roadmap  for  Generation  IV 
Nuclear Energy Systems: Technical Roadmap Report” (December 2002) (hereinafter referred 
to  as  “Technology  Roadmap”)  which  identifies  the  six  most  promising  Generation  IV 
Systems  as  well  as  the  research  and  development  necessary  to  advance  these  Systems  to 
technical maturity;  

NOTING that the Generation IV Systems are: Gas-Cooled Fast Reactor System, Lead-Cooled 
Fast  Reactor  System,  Molten  Salt  Reactor  System,  Sodium-Cooled  Fast  Reactor  System, 
Supercritical-Water-Cooled Reactor System, and Very-High-Temperature Reactor System;  

DESIRING  to  facilitate  the  pursuit  of  collaborative  research  and  development  of  the 
Generation  IV  Systems  by  the  Parties  and  their  ministries,  departments,  agencies  and  other 
entities,  together  with  the  industrial,  academic,  governmental  and  non-governmental  sectors 
of the international research community, to advance the Generation IV Systems identified in 
the Technology Roadmap; and 

NOTING the Paris Convention for the Protection of Industrial Property of 20 March 1883, as 
revised and amended; 

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HAVE AGREED AS FOLLOWS: 

ARTICLE I 

Objective 

1. 

2. 

The  objective  of  this  Framework  Agreement  is  to  establish  a  framework  for 
international  collaboration  to  foster  and  facilitate  achievement  of  the  purpose  and 
vision  of  the  GIF:  the  development  of  concepts  for  one  or  more  Generation  IV 
Systems that can be licensed, constructed, and operated in a manner that will provide 
a competitively-priced and reliable supply of energy to the country(ies) where such 
systems  may  be  deployed,  while  satisfactorily  addressing  nuclear  safety,  waste, 
proliferation and public perception concerns. 

Collaboration under this Framework Agreement shall be conducted only for peaceful 
purposes  and  in  accordance  with  non-proliferation  objectives  and  the  Parties’ 
international obligations relating thereto; and on the basis of equality, mutual benefit, 
and reciprocity.  

ARTICLE II 

Forms of Collaboration 

The forms of collaboration under this Framework Agreement may include, but are not limited 
to:  

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

joint research and technology development;  

exchange of technical information and data on scientific and technical activities and 
methods and results of research and development;  

support for the organization of technological demonstrations; 

conduct of joint trials/experiments;  

participation  of  staff  (including  scientists,  engineers,  and  other  specialists)  in 
experiments,  analysis,  design  and  other  research  and  development  activities 
conducted at research centres, academic institutions, laboratories and other facilities;  

exchange  or  loan  of  samples,  materials  and  equipment  for  experiments,  testing  and 
evaluation;  

organization  of,  and  participation  in,  seminars,  scientific  conferences  and  other 
meetings; 

monetary contributions to the deployment of necessary experimental facilities; and  

training and enhancing the skills of scientists and technical experts 

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ARTICLE III 

Implementation 

1. 

2. 

3. 

1. 

2. 

3. 

The  Parties  shall  encourage  and  facilitate,  where  appropriate,  the  development  of 
direct  contacts  and  collaboration  between  government  agencies,  academies  of 
science, universities, science and research centres, institutes and institutions, private 
sector firms, and intergovernmental organizations. 

Each Party shall, upon signature or deposit of an instrument of accession, designate 
itself  or  one  or  more  of  its  ministries,  departments,  agencies  or  other  entities  as  its 
Implementing  Agent(s)  to  accomplish  the  objective  set  forth  in  Article  I  of  this 
Framework Agreement. The Implementing Agents are identified in the Annex, which 
constitutes an integral part of this Framework Agreement. 

A Party may designate additional Implementing Agent(s) or change its Implementing 
Agent(s)  by  written  notification  to  the  Depositary  (identified  in  Article  XI).The 
additional  or  changed  Implementing  Agent  designations  shall  take  effect  in 
accordance with paragraph 4 of Article XII. 

ARTICLE IV 

System Arrangements 

Implementing Agents of two or more Parties may enter into a System Arrangement 
for  each  of  the  six  Generation  IV  Systems  identified  in  the  Technology  Roadmap; 
provided, however, that: 

(a) 

(b) 

there  shall  be  only  one  System  Arrangement  for  each  Generation  IV 
System; and 

if a Party has more than one Implementing Agent, only one of them may 
be a signatory to a System Arrangement. 

Each  System  Arrangement,  which  shall  be  consistent  with  and  governed  by  the 
provisions  of  this  Framework  Agreement,  shall  establish  a  framework  for 
collaboration  to  plan  and  conduct  the  research  and  development  work  necessary  to 
establish the viability and performance of the Generation IV System concerned. 

Each  System  Arrangement  shall  include  implementing  provisions  concerning,  inter 
alia: 

a) 

collaboration to be undertaken; 

b)  management  of  the  research  and  development  activities  undertaken  to 

realize the objective of the GIF;  

c) 

financial arrangements;  

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d) 

e) 

protection,  use  and  disclosure  of  background  proprietary  information; 
and 

adequate  and  effective  protection  and  allocation  of  intellectual  property 
created  or  furnished  in  the  course  of  the  collaboration  under  this 
Framework  Agreement,  including  provisions  for  the  resolution  of 
disputes concerning intellectual property rights.  

4. 

In  the  event  of  any  inconsistency  between  a  System  Arrangement  and  this 
Framework Agreement, the provisions of this Framework Agreement shall prevail. 

ARTICLE V 

Project Arrangements 

1. 

2. 

3. 

4. 

5. 

Each  System  Arrangement  will  be  implemented  through  one  or  more  Project 
Arrangements for research and development (R&D) projects designed to contribute 
to  establishment  of  the  viability  and  performance  of  the  Generation  IV  System  to 
which the project relates. 

Implementing Agents may be signatories to Project Arrangements. Other entities in 
the public and private sectors may be signatories to Project Arrangements subject to 
the  unanimous  approval  of  a  System  Steering  Committee  to  be  established  by  the 
signatories  to  each  System  Arrangement  to  manage  R&D  collaboration  for  each 
Generation IV System.  

Each Project Arrangement should address matters such as, but not limited to, scope 
of  work,  estimated  cost,  proposed  schedule,  project  management  responsibilities, 
intellectual  property  rights,  reporting  requirements,  and  provisions  concerning 
withdrawal of signatories. 

Each Project Arrangement shall be consistent with and governed by the provisions of 
the System Arrangement to which the subject project relates and of this Framework 
Agreement. 

In  case  of  any  inconsistency  between  a  System  Arrangement  and  a  Project 
Arrangement, the provisions of the System Arrangement shall prevail. In case of any 
inconsistency  between  a  System  Arrangement  or  Project  Arrangement  on  the  one 
hand,  and  this  Framework  Agreement  on  the  other  hand,  the  provisions  of  this 
Framework Agreement shall prevail. 

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ARTICLE VI 

Facilitation of Movement of Persons, Equipment and Materials; and Use of Data 

With respect to collaboration under this Framework Agreement, each Party shall, to the extent 
permitted by its international obligations, national laws and regulations:  

a) 

b) 

facilitate  entry  into  and  exit  from  its  territory  of  appropriate  personnel, 
equipment and materials of the other Parties used in collaboration under 
this Framework Agreement; and 

facilitate  the  exchange  and  use  of  scientific  and  technical  data  resulting 
from R&D conducted under this Framework Agreement. 

ARTICLE VII 

Availability of Resources 

The activities of each Party under this Framework Agreement are subject to the availability of 
appropriated funds, personnel, and other resources. 

ARTICLE VIII 

Applicable Law 

Each  Party  shall  conduct  the  collaboration  under  this  Framework  Agreement  in  accordance 
with the applicable laws and regulations to which it is subject. 

ARTICLE IX 

Disclosure of Information 

Scientific  and  technological  information  resulting  from  collaboration  under  this  Framework 
Agreement,  other  than  information  which  is  not  made  available  to  the  public  for  national 
security,  commercial,  or  industrial  reasons,  shall  be  made  available  to  the  world  scientific 
community  through  customary  channels  and  in  accordance  with  normal  procedures  of  the 
Parties and their respective participating ministries, departments, agencies and other entities. 

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ARTICLE X 

Settlement of Disputes 

Any dispute regarding the interpretation or application of this Framework Agreement 
shall be resolved through consultation between or among the Parties concerned. 

Any dispute between two or more Project Arrangement signatories may be resolved 
in accordance with any method(s), set forth in a Project Arrangement, to which the 
Project Arrangement signatories concerned mutually agree in writing. 

ARTICLE XI 

Depositary 

The  original  of  this  Framework  Agreement  shall  be  deposited  with  the  Secretary- 
General  of  the  Organisation  for  Economic  Co-operation  and  Development,  who  is 
hereby designated as Depositary. The Depositary shall fulfil his duties in accordance 
with Article 77 of the Vienna Convention on the Law of Treaties of 23 May 1969. 

Following  entry  into  force  of  this  Framework  Agreement  in  accordance  with 
paragraph 2 of Article XII, the Depositary shall transmit a certified true copy of this 
Framework  Agreement  to  the  Secretary-General  of  the  United  Nations  for 
registration  and  publication  in  accordance  with  Article  102  of  the  Charter  of  the 
United  Nations;  and  likewise  shall  transmit  certified  copies  of  any  amendments  to 
this Framework Agreement which enter into force.  

ARTICLE XII 

Entry into Force, Amendment, Extension and Termination  

This Framework Agreement shall be open for signature only on 28 February 2005.A 
state,  one  or  more  of  whose  ministries,  departments,  agencies  or  other  entities  is  a 
GIF member, or any GIF member composed of more than one state may become a 
Party to this Framework Agreement: 

a) 

b) 

c) 

by signature not subject to ratification, acceptance or approval; or 

by  signature  subject  to  ratification,  acceptance  or  approval  followed  by 
deposit of an instrument of ratification, acceptance or approval; or  

by deposit of an instrument of accession, in accordance with paragraph 1 
of Article XIV. 

This Framework Agreement shall enter into force when three Parties have indicated 
their  consent  to  be  bound:  by  signature  not  subject  to  ratification,  acceptance  or 
approval;  or  by  deposit  of  an  instrument  of  ratification,  acceptance  or  approval. 
Thereafter,  this  Framework  Agreement  shall  enter  into  force  for  a  signatory  on  the 

1. 

2. 

1. 

2. 

1. 

2. 

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3. 

4. 

5. 

1. 

2. 

1. 

2. 

date  of  deposit  of  its  instrument  of  ratification,  acceptance  or  approval;  and  shall 
enter into force for additional Parties in accordance with the provisions of paragraph 
3 of Article XIV. 

Subject  to  paragraph  5  of  this  Article,  this  Framework  Agreement  shall  remain  in 
force  for  a  period  of  10  years,  and  may  be  extended  for  additional  periods  by 
agreement  of  the  Parties,  in  accordance  with  procedures  to  be  elaborated  by  the 
Parties. 

This  Framework  Agreement  may  be  amended  at  any  time  by  agreement  of  all 
Parties. Except as provided in paragraph 2 of Article XIV, an amendment shall enter 
into force for all Parties 30 days following the date of receipt by the Depositary of 
the last written notification of acceptance of the amendment. 

This  Framework  Agreement  may  be  terminated  at  any  time  by  agreement  of  all 
Parties.Termination  shall  be  effective  30  days  following  the  date  of  receipt  by  the 
Depositary of the last written notification of acceptance of the termination. 

ARTICLE XIII 

Withdrawal 

A  Party  may  withdraw  from  this  Framework  Agreement  upon  six  months’  written 
notice to the Depositary. The Annex shall thereafter be amended to delete the name 
of the Party and that of its Implementing Agent(s), in accordance with procedures to 
be elaborated by the Parties. 

A  Party’s  withdrawal  from  this  Framework  Agreement  shall  constitute  withdrawal 
by  its  Implementing  Agent  from  any  System  Arrangement  to  which  that 
Implementing Agent is a signatory. 

ARTICLE XIV 

Additional Parties 

After entry into force of this Framework Agreement, any state, one or more of whose 
ministries,  departments,  agencies  or  other  entities  is  a  GIF  member,  and  any  GIF 
member  composed  of  more  than  one  state,  may  become  a  Party  to  this  Framework 
Agreement  by  depositing  with  the  Depositary  an  instrument  of  accession  and  a 
written  notification  of  the  Implementing  Agent(s)  to  be  designated  in  accordance 
with paragraph 2 of Article III. 

When  an  additional  Party  deposits  its  instrument  of  accession  and  notification  in 
accordance with paragraph 1 of this Article, the Depositary shall circulate a proposed 
amendment  to  the  Annex  to  specify  the  Implementing  Agent(s)  notified  by  that 
Party. Such amendment shall enter into force 90 days after the date of receipt by the 
Depositary of that Party’s notification, provided that no other Party has notified the 
Depositary  that  it  objects  to  the  proposed  amendment.  In  the  event  that  the 

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Depositary receives an objection, the proposed amendment shall not enter into force, 
and the additional Party shall submit to the Depositary a revised written notification 
of its Implementing Agent(s), which shall be subject to the same procedure. 

3. 

4. 

This Framework Agreement shall enter into force as to each additional Party 90 days 
following  the  Depositary’s  receipt  of  the  instrument  of  accession  of  a  state,  one  or 
more of whose ministries, departments, agencies or other entities is a GIF member, 
or of a GIF member composed of more than one state. 

Each  Party  that  accedes  to  this  Framework  Agreement  after  the  entry  into  force  of 
any amendment shall become a Party to the Framework Agreement as amended. 

ARTICLE XV 

Final Provision 

Any  collaboration  initiated  under  this  Framework  Agreement  but  not  completed  at  the 
expiration or termination of this Framework Agreement may continue to completion under the 
provisions of this Framework Agreement. 

IN  WITNESS  WHEREOF,  the  undersigned,  being  duly  authorized,  have  signed  this 
Framework Agreement. 

DONE at Washington, in a single original, on the twenty-eighth day of February 2005, in the 
English and French languages, each text being equally authentic. 

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                         Designated Implementing Agents of the Parties 

Annex  

Party   

Designated Implementing Agent 

Government of Canada 

Department of Natural Resources  

Government of the French Republic 

Commissariat à l’Énergie Atomique 

Government of Japan 

Government of the United Kingdom of 
 Great Britain and Northern Ireland 

Agency for Natural Resources  
and Energy 
Japan Atomic Energy Research  
Institute 
Japan Nuclear Cycle Development 
 Institute 

Department of Trade and Industry 

 Government of the United States   
  of America 

Department of Energy 

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FOR THE GOVERNMENT OF CANADA: 

POUR LE GOUVERNEMENT DU CANADA: 

FOR THE GOVERNMENT OF THE FRENCH REPUBLIC: 

POUR LE GOUVERNEMENT DE LA RÉPUBLIQUE FRANÇAISE: 

FOR THE GOVERNMENT OF JAPAN: 

POUR LE GOUVERNEMENT DU JAPON:   

FOR  THE  GOVERNMENT  OF  THE  UNITED  KINGDOM  OF  GREAT  BRITAIN  AND
NORTHERN IRELAND:  

POUR  LE  GOUVERNEMENT  DU  ROYAUME-UNI  DE  GRANDE-BRETAGNE  ET
D’IRLANDE DU NORD: 

FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA: 

POUR LE GOUVERNEMENT DES ÉTATS-UNIS D’AMÉRIQUE: 

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