Agreement between the Government of Japan and the European Atomic Energy Community for co-operation in the peaceful uses of nuclear energy
Date: 2006-08-24
Institutions: European Atomic Energy Community, Japan
Subjects: EAEC, Japan, cooperation agreement (EU), nuclear energy, nuclear research, nuclear safety, nuclear technology, peaceful use of energy

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Between the Government of Japan and the European Atomic Energy Community for co-operation in the peaceful
uses of nuclear energy

AGREEMENT

THE GOVERNMENT OF JAPAN AND THE EUROPEAN ATOMIC ENERGY COMMUNITY (HEREINAFTER REFERRED TO
AS ‘THE COMMUNITY’),

Desiring to continue and further develop a long-term, stable co-operation which may benefit Japan, the
Community and third parties in the peaceful and non-explosive uses of nuclear energy on the basis of mutual
benefit and reciprocity;

Recognizing that Japan, the Community and its Member States have attained a comparable 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;

Desiring also to make long-term co-operative arrangements in the field of the peaceful and non-explosive uses
of nuclear energy in a predictable and practical manner, which take into account the needs of their respective
nuclear energy programmes and which facilitate trade, research and development and other co-operative
activities between Japan and the Community;

Reaffirming the strong commitment of the Government of Japan, 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 Japan and the Community should be carried out;

Reaffirming the support of the Government of Japan, the Community and the Governments of its Member
States for the objectives of the International Atomic Energy Agency (hereinafter referred to as ‘the Agency’)
and 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 all Member States of the Community pursuant to the Treaty
establishing the European Atomic Energy Community, done on March 25, 1957 (hereinafter referred to as ‘the
Euratom Treaty’);

Recognizing the principle of the free movement of nuclear material, equipment and non-nuclear material
within the Community contained in the Euratom Treaty; and

Recognizing also the significance of a high level of transparency concerning the management of plutonium in
order to reduce the risk of proliferation of nuclear weapons and to ensure the protection of workers, the
general public and the environment,

HAVE AGREED AS FOLLOWS:

Article 1

Definitions

For the purposes of this Agreement:

(a)

The term ‘Parties’ means the Government of Japan and the
Community. The term ‘Party’ means one of the above
‘Parties’.

(b) The term ‘the Community’ means both:

(i)

the legal person created by the Euratom Treaty; and

(ii)

the territories to which the Euratom Treaty applies.

(c)

The term ‘persons’ means any natural person, undertaking
or other entity governed by the applicable laws and
regulations in the respective territorial jurisdiction of the
Parties, but does not include the Parties.

(d) The term ‘appropriate authority’ means, in the case of the
Government of Japan, the government agency designated
by the Government of
the
Community,
the European Commission or such other
authority as the Community may at any time notify in
writing to the Government of Japan.

Japan, and in the case of

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(e)

The term ‘unclassified information’ means information not
bearing a security classification placed by either of the
Parties or by an individual Member State of the Commu-
nity.

transfer, any other equipment specified in Part A of
Annex A to this Agreement which is intended to be
transferred pursuant to this Agreement.

(f)

The term ‘nuclear material’ means

(i)

(ii)

‘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 con-
the foregoing in such
taining one or more of
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
in
authorities of both Parties inform each other,
writing, to accept; and such other material as the
Board of Governors of the Agency determines under
the Statute and the appropriate
Article XX of
in
authorities of
writing, to accept.

the Parties inform each other,

‘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’.

(g)

The term ‘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.

(h) The term ‘equipment’ means major

items of plant,
machinery or
instrumentation, or major components
thereof, which are especially designed or manufactured
for use in nuclear activities, and which are specified in Part
A of Annex A to this Agreement.

(i)

(j)

The term ‘non-nuclear material’ means heavy water, or any
other material suitable for use in a nuclear reactor to slow
down high velocity neutrons and increase the likelihood of
further fission, as specified in Part B of Annex A to this
Agreement.

The term ‘nuclear material recovered or produced as a by-
product’ means special fissionable material derived from
nuclear material transferred pursuant to this Agreement or
by one or more processes from the use of complete nuclear
reactors transferred pursuant to this Agreement and, if the
Government of
Japan and the European Commission,
following consultations between the European Commission
the
and the Government of
to its
Community concerned, agree in writing prior

the Member State of

Article 2

Scope of co-operation

this Agreement

1. The Parties shall co-operate under
to
promote and facilitate nuclear trade, research and development
and other activities between or in Japan and the Community for
peaceful and non-explosive uses of nuclear energy, in the mutual
interests of producers, the nuclear fuel cycle industry, utilities,
institutes and consumers while
research and development
abiding by the principles of non-proliferation.

2. The Parties shall co-operate in the following ways:

(a)

(b)

(c)

Either Party or authorised persons may supply to or receive
from the other Party or authorised persons nuclear
material, equipment and non-nuclear material, on such
terms as may be agreed upon between the supplier and the
recipient.

Either Party or authorised persons may perform nuclear
fuel cycle services and other services within the scope of
this Agreement for or receive such services from the other
Party or authorised persons, on such terms as may be
agreed upon between the supplier and the recipient.

The Parties shall encourage co-operation between them-
selves and between persons by exchange of experts. When
co-operation pursuant to this Agreement requires such
exchanges of experts, the Parties shall facilitate the entry of
the experts to Japan and the Community and their stay
therein.

(d) The Parties

shall

facilitate

supply and exchange of
unclassified information as may be agreed between
themselves, between persons, or between either Party and
persons.

(e)

The Parties may co-operate and encourage co-operation
between themselves and between persons in other ways as
deemed appropriate by the Parties.

3. Co-operation as specified in paragraphs 1 and 2 above shall
be subject to the provisions of this Agreement and the applicable
international agreements, laws and regulations in force in Japan
and in the Community.

Article 3

Items subject to the Agreement

1. Nuclear material
transferred between Japan 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, only if the supplying
Party has notified the receiving Party in writing of the intended
transfer and the receiving Party has confirmed in writing that

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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
receiving Party.

jurisdiction of

the territorial

2.
Equipment and non-nuclear material which are transferred
between Japan and the Community, whether directly or through
a third country, shall become subject to this Agreement upon
their entry into the territorial jurisdiction of the receiving Party,
only if:

(a)

(b)

in the case of transfers from Japan to the Community, the
Government of Japan or, in the case of transfers from the
Community to Japan, the Government of the Member State
of
the
the Community concerned or, as appropriate,
European Commission, has decided that the transfer of
such items shall take place under this Agreement; and

the supplying Party has notified the receiving Party in
writing of the intended transfer and the receiving Party has
confirmed in writing that such items 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.

3. The written notifications and confirmations required under
paragraphs 1 and 2 above shall be made in accordance with the
procedures referred to in Article 14 of this Agreement.

4. Nuclear material, equipment and non-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)

it

in the relevant agreements

in the case of nuclear material,
is determined in
accordance with the provisions for the termination of
referred to in
safeguards
paragraph 1 of Article 8 of
the
that
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.

this Agreement,

in so far as it is covered by its specific programmes. The Parties
or their agencies, as appropriate, may allow the participation in
such co-operation of researchers and organisations from all
research sectors,
laboratories and the
private sector. The Parties shall also facilitate such co-operation
between persons in this field.

including universities,

2. The Parties shall conclude a separate agreement for the
purpose of further developing and facilitating activities subject to
this Article.

Article 5

Implementation of the Agreement

1. The provisions of this Agreement shall be implemented in
good faith in such a manner as to avoid hampering, delay or
undue interference in the nuclear activities in Japan and in the
Community and so as to be consistent with the prudent
the economic and safe
management practices required for
conduct of their nuclear activities.

2. 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
jurisdiction of the Parties or
within the respective territorial
between Japan and the Community.

3. Nuclear material subject to this Agreement may be handled
based on the principles of fungibility and proportionality when it
is used in mixing processes where it loses its identity, or is
deemed to lose it, in the process of conversion, fuel fabrication,
enrichment or reprocessing.

4.
In implementing the provisions of this Agreement, Japan,
the Community and its Member States shall act in conformity
with the provisions of the Convention on Nuclear Safety, which
entered into force on 24 October 1996.

Article 4

Article 6

Intellectual property

Co-operation on nuclear research and development

1. As provided for in Article 2 of this Agreement, the Parties
shall develop co-operation on research and development for
peaceful and non-explosive uses of nuclear energy between
themselves and their agencies and, in respect of the Community,

The Parties shall ensure the adequate and effective protection of
intellectual property created and technology transferred pursuant
to the co-operation under this Agreement in accordance with the
relevant international agreements and the laws and regulations in
force in Japan and in the European Communities or their
Member States.

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Article 7

Peaceful use

Agreement for France’), as supplemented by an Additional
Protocol, done on September 22, 1998.

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 and
nuclear material recovered or produced as a by-product shall be
subject:

2. Nuclear material, equipment and non-nuclear material
transferred pursuant to this Agreement and nuclear material
recovered or produced as a by-product shall not be used other
than for peaceful purposes; nor shall they be used for any nuclear
explosive device, for research on or for development of any such
device.

Article 8

Agency and Euratom safeguards

(a) while within Japan, to safeguards of the Agency pursuant to
the provisions of the Safeguards Agreement for Japan; and

(b) while within the Community, to safeguards applied by the
Community pursuant to the Euratom Treaty and, where
applicable, to safeguards of the Agency pursuant to the
provisions of the Safeguards Agreement for the Member
States of the Community other than the United Kingdom of
Great Britain and Northern Ireland and the French
Republic, the Safeguards Agreement for the United King-
dom or the Safeguards Agreement for France.

this Agreement

1. Co-operation under
require the
application, as appropriate, of safeguards by the Community
the
pursuant
application of safeguards by the Agency pursuant
to the
following safeguards agreements:

to the Euratom Treaty and acceptance of

shall

(a)

(b)

(c)

the Agreement between the Government of Japan and the
Agency in implementation of paragraphs 1 and 4 of Article
III of the Non-Proliferation Treaty, done on March 4, 1977
(hereinafter referred to as ‘the Safeguards Agreement for
Japan’), as supplemented by an Additional Protocol, done
on December 4, 1998;

the Agreement between the Republic of Austria,
the
the
the Kingdom of Denmark,
Kingdom of Belgium,
Republic of Estonia, 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 Slovak
Republic, the Community and the Agency in implementa-
tion of Article III (1) and (4) of the Non-Proliferation Treaty,
done on April 5, 1973 (hereinafter referred to as ‘the
the
Safeguards Agreement
Community other than the United Kingdom of Great
Britain and Northern Ireland and the French Republic’), as
supplemented by an Additional Protocol, done on
September 22, 1998, as subsequently amended;

the Member States of

for

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 Safe-
guards Agreement for the United Kingdom’), as supple-
mented by an Additional Protocol, done on September 22,
1998; and

(d)

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

such rectifying measures,

3.
In the event that for any reason the Agency does not apply
safeguards as required by paragraph 2 above, the Parties shall
forthwith consult to take rectifying measures and, in the absence
of
into
arrangements which conform to safeguards principles and
procedures of the Agency and provide effectiveness and coverage
equivalent to that intended to be provided by the safeguards of
the Agency specified in paragraph 2 above.

immediately enter

shall

Article 9

Retransfers

1. Nuclear material, equipment and non-nuclear material
transferred pursuant to this Agreement and nuclear material
recovered or produced as a by-product 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 B to 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 following items transferred pursuant to this Agree-
ment shall not be retransferred beyond the territorial jurisdiction
of the receiving Party, except into the territorial jurisdiction of
the supplying Party, without the prior written consent of the
supplying Party:

(a)

sensitive nuclear material; and

(b)

equipment for enrichment, reprocessing or production of
heavy water

in the case of

unless,
items transferred from Japan to the
Community, they will be subject to the appropriate bilateral
agreement
for co-operation in the peaceful uses of nuclear
energy between the Government of Japan and the Government
of the receiving third country or, in the case of transfers from the

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Community to Japan, 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.

Kingdom of Great Britain and Northern Ireland and between
Japan and the French Republic pursuant
to the bilateral
agreements referred to in paragraph 1 above.

Article 10

Transparency

The Parties shall exchange information in respect of the safe and
effective management of nuclear material, equipment and non-
nuclear material transferred pursuant to this Agreement.

Article 11

Physical protection

1.
In respect of nuclear material transferred pursuant to this
Agreement and nuclear material recovered or produced as a by-
product, the Government of Japan, the Governments of the
Member States of
the
shall apply measures of physical
European Commission,
protection according to the criteria which they have individually
adopted and which bring about, as a minimum, protection at
levels set out in Annex C to this Agreement.

the Community and, as appropriate,

In respect of international transport of nuclear material
2.
subject to this Agreement,
Japan, 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 Material, which entered into force
on February 8, 1987, to which they are parties.

Article 12

Existing agreements

1. The provisions of
this Agreement shall be regarded as
complementary to the provisions of the Agreement between the
Government of
the United Kingdom of Great Britain and
Northern Ireland and the Government of Japan for Co-operation
in the Peaceful Uses of Nuclear Energy, done on February 25,
1998 and to the provisions of the Agreement between the
Government of
the French
Republic for Co-operation in the Peaceful Uses of Nuclear
Energy, done on February 26, 1972, as amended by the Protocol
between the same Parties, done on April 9, 1990 and shall,
where appropriate, take precedence over the provisions of the
said bilateral agreements.

Japan and the Government of

2. To the extent that the provisions in the bilateral agreements
referred to in paragraph 1 of this Article provide for rights or
obligations for the Government of Japan, the Government of the
United Kingdom of Great Britain and Northern Ireland or the
Government of the French Republic beyond those contained in
this Agreement, those rights and obligations will continue to be
implemented under the said bilateral agreements.

3. Notwithstanding the provisions of paragraph 1 of Article 3
of this Agreement, the provisions of this Agreement shall apply
to nuclear material which has been transferred before the entry
into force of this Agreement between Japan and the United

4. Notwithstanding the provisions of paragraph 1 of Article 3
of this Agreement, the provisions of this Agreement shall apply
to nuclear material which has been transferred before the entry
into force of this Agreement between Japan and Member States
of the Community other than the United Kingdom of Great
Britain and Northern Ireland and the French Republic, if the
Parties agree that such nuclear material will be made subject to
this Agreement.

Article 13

Suspension and termination

If the Community or any of its Member States, or Japan at

1.
any time following entry into force of this Agreement :

(a)

(b)

acts in violation of the provisions of Articles 7, 8, 9 or 11
of this Agreement, or the decisions of the arbitral tribunal
referred to in Article 15 of this Agreement; or

terminates or materially violates any of
its safeguards
Agreements with the Agency referred to in paragraph 1 of
Article 8 of this Agreement,

the Government of Japan or the Community respectively shall
this
have the right
Agreement in whole or in part, or to terminate this Agreement
and to require the return of any nuclear material transferred
pursuant to this Agreement.

to cease further co-operation under

If the Community or any of the Member States of the
2.
Community other than the United Kingdom of Great Britain and
Northern Ireland and the French Republic detonates a nuclear
explosive device, the Government of Japan shall have the right
specified in paragraph 1 above.

3.
If the United Kingdom of Great Britain and Northern Ireland
or the French Republic detonates a nuclear explosive device using
any nuclear material transferred pursuant to this Agreement, the
Government of Japan shall have the right specified in paragraph 1
above.

If Japan detonates a nuclear explosive device, the Commu-

4.
nity shall have the right specified in paragraph 1 above.

5. Before either Party takes steps to cease co-operation in
whole or in part under this Agreement or to terminate this
Agreement, or to require such return, the Parties shall consult for
the purpose of taking corrective measures and shall, where
appropriate, carefully consider the following, taking into account
the need to make such other appropriate arrangements as may be
required:

(a)

the effects of taking such steps; and

(b) whether the facts which gave rise to consider such steps

were caused deliberately.

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6. Rights under this Article shall be exercised only if the other
Party fails to take corrective measures within an appropriate
period of time following the consultations.

7.
If either Party exercises its rights under this Article to require
the return of any nuclear material transferred pursuant to this
Agreement, it shall compensate the other Party or the persons
concerned for the fair market value thereof.

Article 14

Operational procedures

procedure shall be fixed by the tribunal. The decisions of the
tribunal shall be binding on the Parties.

Article 16

Status of Annexes

The Annexes to this Agreement form an integral part of this
Agreement. They may be modified by mutual consent in writing
of the Government of Japan and the European Commission
without amendment of this Agreement.

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.

Article 17

Entry into force and duration

Article 15

Consultation and arbitration

1. With a view to promoting co-operation under
this
Agreement, the Parties may at the request of either of them,
consult with each other through diplomatic channels or other
consultative fora.

2.
If any question arises concerning the interpretation or
application of this Agreement, the Parties shall, at the request of
either of them, consult with each other.

If any dispute arising out of the interpretation or application
3.
this Agreement is not settled by negotiation, mediation,
of
conciliation or other similar procedure, the Parties may agree to
submit such dispute to an arbitral
tribunal which shall be
composed of three arbitrators appointed in accordance with the
provisions of this paragraph. Each Party shall designate one
arbitrator who may be a national of Japan or of a Member State
of the Community and the two arbitrators so designated shall
elect a third, a national of a state other than Japan or a Member
State of the Community, who shall be the Chairman. If, within
thirty days of the request for arbitration, either Party has not
designated an arbitrator, either Party may request the President of
the International Court of Justice to appoint an arbitrator. The
same procedure shall apply if, within thirty days of
the
designation or appointment of the second arbitrator, the third
arbitrator has not been elected, provided that the third arbitrator
so appointed shall not be a national of Japan or of a Member
State of the Community. A majority of the members of the
arbitral tribunal shall constitute a quorum, and all decisions shall
two arbitrators. The arbitral
require

concurrence of

the

1. This Agreement shall enter into force on the thirtieth day
after the date on which the Parties exchange diplomatic notes
informing each other that their respective internal procedures
necessary for entry into force of this Agreement have been
completed and shall remain in force for a period of thirty
years (1).

This Agreement shall be automatically extended for five-year
periods thereafter unless either Party notifies the other Party in
writing to terminate this Agreement not later than six months
prior to the expiry date.

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

This Agreement and its Annexes are drawn up in two originals in
the Danish, Dutch, English, Finnish, French, German, Greek,
Italian, Japanese, Portuguese, Spanish and Swedish languages. In
case of divergence, the English and Japanese versions shall prevail
over the other language versions.

IN WITNESS WHEREOF the undersigned, being duly authorised
thereto by the Government of Japan and the European Atomic
Energy Community respectively, have signed this Agreement.

Done at Brussels, 24 February 2006

For the Governmentof Japan
T. KAWAMURA

For the European Atomic Energy
Community
A. PIEBALGS

(1) The exchange of diplomatic notes took place on 20 November 2006.
In accordance with the provisions of the Agreement, the date of
entry into force is 20 December 2006.

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ANNEX A

Part A

1.

Complete nuclear reactors:

Nuclear reactors capable of operation so as to maintain a controlled self-sustaining fission chain reaction, excluding
zero energy reactors, the latter being defined as reactors with a designed maximum rate of production of plutonium
not exceeding 100 grams per year.

2.

Nuclear reactor vessels:

Metal vessels, or major shop-fabricated parts therefor, especially designed or prepared to contain the core of a nuclear
reactor as defined in paragraph 1 above, as well as relevant nuclear reactor internals as defined in paragraph 8 below.

3.

Nuclear reactor fuel charging and discharging machines:

Manipulative equipment especially designed or prepared for inserting or removing fuel in a nuclear reactor as defined
in paragraph 1 above.

4.

Nuclear reactor control rods and equipment:

Especially designed or prepared rods, support or suspension structures therefor, rod drive mechanisms or rod guide
tubes to control the fission process in a nuclear reactor as defined in paragraph 1 above.

5.

Nuclear reactor pressure tubes:

Tubes which are especially designed or prepared to contain fuel elements and the primary coolant in a nuclear reactor
as defined in paragraph 1 above at an operating pressure in excess of 50 atmospheres.

6.

Zirconium tubes:

Zirconium metal and alloys in the form of tubes or assemblies of tubes, and in quantities exceeding 500 kg in any
period of 12 months, especially designed or prepared for use in a nuclear reactor as defined in paragraph 1 above, and
in which the relation of hafnium to zirconium is less than 1:500 parts by weight.

7.

Primary coolant pumps:

Pumps especially designed or prepared for circulating the primary coolant for nuclear reactors as defined in
paragraph 1 above.

8.

Nuclear reactor internals:

Nuclear reactor internals especially designed or prepared for use in a nuclear reactor as defined in paragraph 1 above,
including support columns for the core, fuel channels, thermal shields, baffles, core grid plates and diffuser plates.

9.

Heat exchangers:

Heat exchangers (steam generators) especially designed or prepared for use in the primary coolant circuit of a nuclear
reactor as defined in paragraph 1 above.

10. Neutron detection and measuring instruments:

Especially designed or prepared neutron detection and measuring instruments for determining neutron flux levels
within the core of a nuclear reactor as defined in paragraph 1 above.

11.

Plants for the reprocessing of irradiated fuel elements, and equipment especially designed or prepared therefore.

12.

Plants for the fabrication of nuclear reactor fuel elements, and equipment especially designed or prepared therefore.

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13.

14.

15.

Plants for the separation of isotopes of uranium and equipment, other than analytical instruments, especially designed
or prepared therefore.

Plants for the production or concentration of heavy water, deuterium and deuterium compounds and equipment
especially designed or prepared therefore.

Plants for the conversion of uranium and plutonium for use in the fabrication of fuel elements and the separation of
uranium isotopes as defined in paragraphs 12 and 13 above respectively, and equipment especially designed or
prepared therefore.

1.

Deuterium and heavy water:

Part B

Deuterium, heavy water (deuterium oxide) and any other deuterium compound in which the ratio of deuterium to
hydrogen atoms exceeds 1:5 000 for use in a nuclear reactor as defined in paragraph 1 of Part A above, in quantities
exceeding 200 kg of deuterium atoms in any period of 12 months.

2.

Nuclear grade graphite:

Graphite having a purity level better than 5 parts per million boron equivalent and with a density greater than 1,50g/
cm3 for use in a nuclear reactor as defined in paragraph 1 of Part A above, in quantities exceeding 30 metric tons in
any period of 12 months.

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ANNEX B

(i)

(ii)

(iii)

(iv)

(v)

Items retransferred will be used only for peaceful and non-explosive purposes in the receiving third country.

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

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 Annex C.

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

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ANNEX C

Levels of physical protection

The agreed levels of physical protection to be ensured by the Government of Japan, the Governments of the Member States
of the Community and, as appropriate, the European Commission in the use, storage and transportation of nuclear material
as categorized in the attached table shall as a minimum include protection characteristics as follows:

CATEGORY III

Use and storage within an area to which access is controlled.

Transportation under special precautions including prior arrangements among sender, recipient and carrier, and prior
agreement between entities subject to the jurisdiction and regulation of supplier and recipient States, respectively, in case of
international transport, specifying time, place and procedures for transferring transport responsibility.

CATEGORY II

Use and storage within a protected area to which access is controlled, i.e., an area under constant surveillance by guards or
electronic devices, surrounded by a physical barrier with a limited number of points of entry under appropriate control, or
any area with an equivalent level of physical protection.

Transportation under special precautions including prior arrangements among sender, recipient and carrier, and prior
agreement between entities subject to the jurisdiction and regulation of supplier and recipient States, respectively, in case of
international transport, specifying time, place and procedures for transferring transport responsibility.

CATEGORY I

Nuclear material in this category shall be protected with highly reliable systems against unauthorised use as follows:

Use and storage within a highly protected area, i.e., a protected area as defined for Category II above, to which, in addition,
access is restricted to persons whose trustworthiness has been determined, and which is under surveillance by guards who
are in close communication with appropriate response authorities. Specific measures taken in this context should have as
their objective the detection and prevention of any assault, unauthorised access or unauthorised removal of the nuclear
material concerned.

Transportation under special precautions as identified above for transportation of Category II and III nuclear material and, in
addition, under constant surveillance by escorts and under conditions which assure close communication with appropriate
response authorities.

6.2.2007

EN

Official Journal of the European Union

L 32/75

Table

Categorisation of nuclear material

Nuclear Material

Form

Category I

Category II

Category III

Plutonium (a)

Unirradiated (b)

2 kg or more

Less than 2 kg but
more than 500 g

500 g or less (c)

Uranium — 235 Unirradiated (b)

5 kg or more

Less than 5 kg but
more than 1 kg

1 kg or less (c)

10 kg or more

Less than 10 kg (c)

1.

2.

3.

4.

— uranium enriched
to 20 % 235U or
more

— uranium enriched
to 10 % 235U but
less than 20 %
235U

— uranium enriched
above natural, but
less than 10 %
235U (d)

Uranium — 233 Unirradiated (b)

2 kg or more

Irradiated fuel

10 kg or more

500 g or less (c)

Less than 2 kg but
more than 500 g

Depleted or natural
uranium, thorium or
low-enriched fuel (less
than 10 % fissile con-
tent) (e) (f)

Plutonium with an isotopic concentration of plutonium-238 exceeding 80 % shall not be included.

(a)
(b) Nuclear material not irradiated in a reactor or nuclear material irradiated in a reactor but with a radiation level equal to or less than 1 Gy/

(c)

hr (100 rads/hr) at one metre unshielded.
Less than a radiologically significant quantity should be exempted but should be protected in accordance with prudent management
practice.

(d) Natural uranium, depleted uranium, thorium and quantities of uranium enriched to less than 10 % not falling in Category III should be

protected in accordance with prudent management practice.

(e) Although this level of protection is recommended, it would be open to the Government of Japan, the Governments of the Member States
of the Community and the European Commission, as appropriate, upon evaluation of the specific circumstances, to assign a different
category of physical protection.

(f) Other fuel which by virtue of its original fissile material content is classified as Category I or II before irradiation may be reduced one

category level while the radiation level from the fuel exceeds 1 Gy/hr (100 rads/hr) at one metre unshielded.