Recommendation from the Commission to the Council on the approval of an Agreement for cooperation in the peaceful uses of nuclear energy between the European Atomic Energy Community (Euratom) and the Government of the Republic of Kazakhstan
Date: 2006-10-24
Institutions: European Commission
Subjects: EAEC, Kazakhstan, cooperation agreement (EU), nuclear energy, peaceful use of energy

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 24.10.2006 
COM(2006) 617 final 

RECOMMENDATION FROM THE COMMISSION TO THE COUNCIL 

on the approval of an Agreement for cooperation in the peaceful uses of nuclear energy 
between the European Atomic Energy Community (Euratom) and the Government of 
the Republic of Kazakhstan 

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RECOMMENDATION FROM THE COMMISSION TO THE COUNCIL 

on the approval of an Agreement for cooperation in the peaceful uses of nuclear energy 
between the European Atomic Energy Community (Euratom) and the Government of 
the Republic of Kazakhstan 

1. 

INTRODUCTION 

The Partnership and Cooperation Agreement1 concluded between the EU and the Republic of 
Kazakhstan  (hereinafter  Kazakhstan)  states  in  Article  18  that  the  European  Atomic  Energy 
Community and Kazakhstan should conclude an Agreement on trade in nuclear materials. 

On  27  June  2000  the  Council  adopted a Decision issuing directives2 to the Commission for 
the negotiation of a nuclear cooperation agreement between Euratom and Kazakhstan. 

On 18 January 2001, the Commission submitted to the Kazakh authorities a first draft of the 
agreement, proposing to start negotiations. 

The negotiations lasted until September 2006, when the text was agreed by both Parties. 

The aim of the agreement is to complete the existing cooperation in nuclear safety and nuclear 
fusion  by  establishing  collaboration  in  the  peaceful  uses  of  nuclear  energy  between  the  EU 
and Kazakhstan, which is a potentially major supplier of uranium.  

2. 

IMPORTANCE OF THE AGREEMENT 

The  importance  of  the  conclusion  of  this  Agreement  is  mainly  based  on  commercial  needs. 
Kazakhstan holds approximately 20% of the world’s known reserves of uranium, what makes 
it  the  third  largest  world  producer  of  uranium,  in  volume.  It  has  also  developed  nuclear 
activities in several fields, mainly in the uranium industry and research. 

For Euratom, the interest in signing this Agreement is based on the fact that Kazakhstan is one 
of  its  potentially  main  suppliers  of  natural  uranium.  Today,  the  direct  import  of  Kazakh 
uranium to the EU represents only 3% of total uranium imports. However, in recent years, the 
volume  of  imports  of  Kazakh  uranium  has  been  increasing  (in  2005  it  almost  tripled 
comparing  to  the  year  2004)  and  it  is  expected  to  continue  to  rise.  The  duration  of  the 
Agreement  is  initially  for  ten  years.  This  would  represent  potentially  some  hundreds  of 
millions of euros in commercial value. 

Facilitating trade in the nuclear domain contributes to the Community's policy of security of 
energy supply and diversification of energy sources. The Agreement would permit European 
companies  active  in  uranium  mining  and  trade  to  have  easier  access  to  the  Kazakh  market. 
Currently  only  one  European  company  has  succeeded  in  concluding  a  partnership  with  a 
Kazakh company in uranium mining. 

1 
2 

OJ L 196, 28.7.1999. 
Decision 91114/1/00 (C), 19.6.2000. 

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Furthermore,  the  conclusion  of  the  present  Agreement  would  reaffirm  the  non-proliferation 
commitment  of  the  Republic  of  Kazakhstan,  the  Community  and  the  Governments  of  the 
Member States of the European Union, the strengthening and strict application of safeguards 
and export control as well as physical protection arrangements. 

3. 

GENERAL SCHEME OF THE AGREEMENT 

The  Agreement  has  as  its  objective  cooperation  in  the  peaceful  uses  of  nuclear  energy 
between Euratom and Kazakhstan. The scope of cooperation mainly comprises nuclear safety, 
controlled  nuclear  fusion,  nuclear  research  and  development  as  well  as  trade  in  nuclear 
materials  and  the  provision  of  nuclear  fuel  cycle  services  (Article  3).  This  scope  may  be 
extended upon the agreement of both Parties (Article 8). 

The  present  Agreement  builds  on  two  Agreements  in  the  domains  of  nuclear  safety  and 
nuclear fusion that entered into force in June 20033 and April 20044, respectively (Articles 4 
and 5).  

The  Agreement  specifies  the  methods  and  the  extent  of  cooperation  between  Euratom  and 
Kazakhstan in nuclear research and development (Article 6). The cooperation covers nuclear 
activities, mainly in the fields of medicine and industry. It also applies to the evaluation of the 
environmental impact of nuclear energy. This cooperation may take the form of exchange of 
information, experts and nuclear equipment as well as of joint studies and activities. Concrete 
projects  may  be  preceded  by  the  implementation  of  more  detailed  arrangements  covering 
different  provisions.  Costs  resulting  from  these  activities  will  be  covered  by  the  Party  that 
incurs them. 

Special attention is given to trade in nuclear materials (Article 7). The Agreement contains a 
series of provisions determining criteria for the transfer of nuclear material as well as the way 
of  resolving  conflicting  situations.  It  is  underlined  that  nuclear  material  shall  be  used  for 
peaceful purposes and in compliance with the safeguards agreements (for the Community: the 
Euratom  safeguards  pursuant  to  the  Euratom  Treaty  and  to  the  IAEA  safeguards  and  its 
Additional  Protocols5,  as  well  as  separate  trilateral  agreements  Euratom  and  IAEA  with 
Member  States6,  France7  and  the  UK8;  for  Kazakhstan:  the  IAEA  safeguards9  and  its 
Additional  Protocols),  and  its  transfers  should  be  in  conformity  with  the  provisions  of  the 
International Convention on the Physical Protection of Nuclear Material10.  

In  addition,  the  Agreement  restates  the  principles  of  free  movement  of  nuclear  materials 
within  the  Community,  guarantees  that  their  trade  and  the  provision  of  relevant  services 
between  the  Parties  will  be  carried  out  at  market-related  prices  and  removes  administrative 
barriers,  such  as  import  or  export  authorisations,  that  would  impede  movements  of  nuclear 
material in the territories of the Parties. 

3 
4 
5 
6 
7 
8 
9 
10 

OJ L 89, 26.3.2004. 
OJ L 143, 7.6.2005. 
INFCIRC/540. 
Not published. INFCIRC 193 of 14.9.1973. 
Not published. INFCIRC 290 of December 1981. 
Not published. INFCIRC 263 of October 1978. 
INFCIRC/504. 
IAEA document INFCIRC/274/Rev.1. 

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Intellectual  property  issues  (Article  10)  are  dealt  with  in  detail  in  the  Agreements  on 
cooperation in the areas of nuclear safety and controlled nuclear fusion. 

The  Parties  commit  themselves  to  hold  regular  consultations  within  the  framework  of  the 
Partnership and Cooperation Agreement (PCA) framework (Article 11). The PCA will also be 
used to solve any dispute related to the application or interpretation of this Agreement. 

The initial duration of the Agreement will be 10 years, and its suspension or termination, in 
whole or in part, will be possible in the case of a violation of any of its material provisions 
(Article 13). 

4. 

CONCLUSION 

The Commission considers that the Agreement for cooperation in the peaceful uses of nuclear 
energy  between  the  European  Atomic  Energy  Community  and  the  Republic  of  Kazakhstan, 
the adoption of which is proposed: 

–  is in conformity with the negotiating directive issued by the Council on 26 June 2000; 

–  confirms the clear commitment of the two parties in favour of non-proliferation and a high 
level of nuclear safety in order to guarantee the peaceful and safe use of nuclear energy; 

–  is in line with the Community's policy on energy security of supply; 

–  will constitute, together with the Agreements already signed in nuclear fusion and nuclear 
safety between the two Parties, a whole package of cooperation in the nuclear domain; 

–  will  strengthen  commercial  and  political  relations  between  the  EU  and  the  Republic  of 

Kazakhstan. 

The  Commission  therefore  recommends  to  the  Council  to  approve,  pursuant  to  the  second 
paragraph of Article 101 of the Treaty establishing the European Atomic Energy Community, 
the Agreement for cooperation in the peaceful uses of nuclear energy between the European 
Atomic Energy Community and the Government of the Republic of Kazakhstan, in Annex. 

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ANNEX 

AGREEMENT FOR COOPERATION IN THE PEACEFUL 
USES OF NUCLEAR ENERGY BETWEEN 
THE EUROPEAN ATOMIC ENERGY COMMUNITY 
AND THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN 

The European Atomic Energy Community, hereinafter referred to as “the Community”, 

and the Government of the Republic of Kazakhstan, hereinafter referred to as “Government of 
Kazakhstan”;  

both also generally referred to hereinafter as the “Party” or “Parties”, as appropriate, 

MINDFUL  that  the  Partnership  and  Cooperation  Agreement  (PCA)  between  the  European 
Communities  and  their  Member  States  and  the  Republic  of  Kazakhstan,  which  entered  into 
force  on  1  July  1999,  establishes  that  trade  in  nuclear  materials  shall  be  subject  to  the 
provisions  of  a  specific  Agreement  to  be  concluded  between  the  European  Atomic  Energy 
Community and the Government of Kazakhstan, 

WHEREAS  the  Parties  have  signed  the  Agreement  between  the  European  Atomic  Energy 
Community and the Republic of Kazakhstan for cooperation in the field of nuclear safety and 
the  Agreement  between  the  European  Atomic  Energy  Community  and  the  Republic  of 
Kazakhstan for cooperation in the field of controlled nuclear fusion, which came into force on 
1 June 2003 and 13 April 2004, respectively, 

WHEREAS all Member States of the Community and the Republic of Kazakhstan are Parties 
to the Treaty on the Non-Proliferation of Nuclear Weapons, hereinafter referred to as NPT,  

WHEREAS  the  Community,  its  Member  States  and  the  Republic  of  Kazakhstan  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 NPT, 

WHEREAS nuclear safeguards are applied in the Community both under Chapter VII of Title 
II of the Treaty establishing the European Atomic Energy Community, hereinafter referred as 
“the 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”,  and  in  the  Republic  of  Kazakhstan  under  the  Agreement  between  the  Republic  of 
Kazakhstan  and  the  International  Atomic  Energy  Agency  on  application  of  safeguards  in 
connection with the NPT, which came into force on 11 August 1995, hereinafter referred to as 
“Agreement on application of safeguards”,  

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

WHEREAS  the  Parties  shall  facilitate  nuclear  trade  between  themselves  or  between 
authorized persons or undertakings established in the respective territories of the Community 
and  the  Republic  of  Kazakhstan  in  the  mutual  interest  of  producers,  the  nuclear  fuel  cycle 
industry, utilities and consumers, 

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WHEREAS  account  shall  be  taken  of  the  commitments  made  by  the  Government  of  each 
Member State of the Community and the Government of the Republic of Kazakhstan in the 
framework of the Nuclear Suppliers Group, 

WHEREAS it is appropriate to strengthen the basis for cooperation 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 

1. 

“nuclear material” means any source material or special fissionable material as those 
terms are defined in Article XX of the Statute of the IAEA; 

2. 

“Community” means both: 

a) 

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

b) 

the territories to which this same Treaty applies; 

3. 

“competent authorities of the Parties” means: 

a) 

b) 

for the Community, the European Commission; 

for  the  Government  of  Kazakhstan,  the  Committee  for  Atomic  Energy  of  the 
Ministry of Energy and Mineral Resources of the Republic of Kazakhstan. 

In case of any change, the Parties shall notify each other through diplomatic communication 
channels. 

Article 2 
OBJECTIVE 

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

Article 3 
SCOPE OF COOPERATION 

1. 

The  Parties  may  cooperate  in  the  way  as  specified  in  Articles  4  to  8  below  in  the 
peaceful uses of nuclear energy in the following areas: 

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a) 

nuclear safety (Article 4); 

b) 

controlled nuclear fusion (Article 5); 

c) 

d) 

research  and  development  in  other  areas  of  peaceful  uses  of  nuclear  energy 
than those foreseen under a) and b) of paragraph 1 of this Article (Article 6); 

trade in nuclear materials and provision of nuclear fuel cycle services (Article 
7); 

e) 

other areas relevant to the subject of this Agreement (Article 8). 

2. 

The  cooperation  referred  to  in  this  Article,  as  between  the  Parties,  may  also  take 
place  between  authorised  persons  and  undertakings  established  in  the  Community 
and the Republic of Kazakhstan. 

Article 4 
NUCLEAR SAFETY 

The  cooperation  in  the  field  of  nuclear  safety  shall  be  implemented  according  to  the 
Agreement  for  Cooperation  between  the  European  Atomic  Energy  Community  and  the 
Republic  of  Kazakhstan  in  the  Field  of  Nuclear  Safety,  which  entered  into  force  on  1  June 
2003. 

Article 5 
CONTROLLED NUCLEAR FUSION 

The  cooperation  in  the  field  of  controlled  nuclear  fusion  shall  be  implemented  according  to 
the  Agreement  for  Cooperation  between  the  European  Atomic  Energy  Community  and  the 
Republic of Kazakhstan in the Field of Controlled Nuclear Fusion, which entered into force 
on 13 April 2004. 

Article 6 
RESEARCH AND DEVELOPMENT IN OTHER AREAS OF PEACEFUL USES OF 
NUCLEAR ENERGY 

1. 

Cooperation  shall  extend  to  nuclear  research  and  development  activities  of  mutual 
interest  to  the  Parties  other  than  those  provided  for  in  Articles  4  and  5  above,  as 
agreed  between  the  Parties,  insofar  as  they  are  covered  by  their  respective 
programmes.  

2. 

The cooperation may include, in 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; 

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c) 

any  other  area  of  nuclear  research  and  development  as  agreed  between  the 
Parties and insofar as they are covered by their respective programmes. 

3. 

The cooperation shall be implemented in particular through: 

a) 

b) 

c) 

exchange  of  technical  information  by  means  of  reports,  visits,  seminars, 
technical meetings, etc.; 

exchange of personnel between laboratories and/or bodies involved, including 
for training purposes; 

exchange  of  samples,  materials,  instruments  and  apparatus  for  experimental 
purposes; 

d) 

balanced participation in joint studies and activities. 

4. 

To  the  extent  necessary,  the  scope,  terms  and  conditions  for  cooperation  in 
a) 
concrete  projects  will  be  laid  down  in  implementing  arrangements,  entered  into  by 
the  competent  authorities  of  the  Parties  which  will  proceed  according  to  respective 
requirements of the legislation of the Community and the legislation of the Republic 
of Kazakhstan. 

b) 
Such  implementing  arrangements  may,  inter  alia,  cover  financing  provisions, 
assignment of management responsibilities and detailed provisions on dissemination 
of information and intellectual property rights. 

5. 

Costs  resulting  from  cooperation  activities  shall  be  borne  by  the  Party  that  incurs 
them, unless otherwise specifically agreed by the arties. 

Article 7 
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  Community  or  the  Republic  of  Kazakhstan,  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 Administrative Arrangement 
to be established by the competent 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 

a) 

it  is  determined  in  accordance  with  the  provisions  for  the  termination  of 
safeguards  in  the  relevant  agreement  referred  to  in  paragraph  6.b)  of  this 
Article,  that  it  is  no  longer  usable  for  any  nuclear  activity  relevant  from  the 
point of view of safeguards, or has become practicably irrecoverable; 

b) 

it  has  been  transferred  beyond  the  jurisdiction  of  the  Community  or  the 
Republic of Kazakhstan in accordance with paragraph 6.e) of this Article; or 

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3. 

4. 

5. 

c) 

the  Parties  agree  in  writing  that  it  should  no  longer  be  subject  to  this 
Agreement. 

Any nuclear transfers carried out pursuant to the cooperation activities shall be made 
in  accordance  with  the  relevant  international  commitments  of  the  Community,  its 
Member  States  and  the  Republic  of  Kazakhstan  in  relation  to  peaceful  uses  of 
nuclear energy as listed in paragraph 6 of this Article. 

Trade  in  nuclear  materials  and  provision  of  relevant  services  between  the  Parties 
shall be carried out at market-related prices. 

The  Parties  shall  try  to  avoid  conflictual  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 jeopardize the viability 
of the nuclear industry, including uranium mining, of the Community or the Republic 
of Kazakhstan, either Party may request consultations which shall be held as soon as 
possible in  the framework of an  ad  hoc Committee, the  procedure  for convocation, 
period  and  level  of  participants  to  carry  out  consultations  shall  be  defined  by  the 
Parties. 

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

The implementation of paragraph 5 of this Article shall be without prejudice to the 
Euratom Treaty and secondary legislation thereunder. 

6. 

Transfers of nuclear material shall be subject to the following conditions: 

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: 

1) 

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,  Euratom  and  the  IAEA,  which  entered  into 
force on 21 February 1977 (published as INFCIRC/193); 

the Agreement between France, Euratom and the IAEA, which 
entered  into  force  on  12  September  1981  (published  as 
INFCIRC/290); 

the Agreement between the United Kingdom, Euratom and the 
IAEA, which entered into force on 14 August 1978 (published 
as INFCIRC/263); 

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supplemented in due course by Additional Protocols entered in the force 
on  30  April  2004  on  the  basis  of  the  document  published  as 
INFCIRC/540 (Model Protocol Additional to the Agreement(s) between 
State(s) and the IAEA for the Application of Safeguards); 

2) 

in  the  Republic  of  Kazakhstan,  to  the  safeguards  agreement,  which 
entered into force on 11 August 1995 (published as INFCIRC/504); and 
supplemented  by  an  Additional  Protocol  to  the  Agreement  between  the 
Republic  of  Kazakhstan  and  the  IAEA  on  application  of  safeguards  in 
compliance with NPT, concluded on 6 February 2004 on the basis of the 
document published as INFCIRC/540 (Model Protocol Additional to the 
Agreement(s)  between  State(s)  and  the  IAEA  for  the  Application  of 
Safeguards) if it is in force; 

c) 

in the event of the application of any of the Agreements with the IAEA referred 
to  in  paragraph  6.b)  of  this  Article  being  suspended  or  terminated  for  any 
reason within the Community or the Republic of Kazakhstan, 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 paragraphs 6.b 1) or 6.b 2), or, if that is not possible, 

the Community, as far as it is concerned, shall apply safeguards based on the 
Euratom  safeguards  system,  which  provides  for  effectiveness  and  coverage 
equivalent  to  that  provided  by  the  safeguards  agreements  referred  to  in 
paragraphs 6.b 1) 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 paragraph 6.b 1) or 6.b 2); 

d) 

to 

to 

set  out 

the  criteria 

in  Annex  C 

the  Member  States  of 

application  of  physical  protection  measures  at  levels  which  satisfy  as  a 
minimum 
IAEA  document 
INFCIRC/254/Rev.6/Part  1  (Guidelines  for  Nuclear  Transfers)  as  it  may  be 
revised;  supplementary 
the 
this  document, 
Community,  the  European  Commission,  as  appropriate,  and  the  Republic  of 
Kazakhstan  will  refer,  when  applying  physical  protection  measures,  to  the 
recommendations in IAEA document INFCIRC/225/Rev.4 corrected (Physical 
Protection  of  Nuclear  Material  and  Nuclear  Facilities),  as  it  may  be  revised. 
International  transport  shall  be  subject  to  the  provisions  of  the  International 
Convention  on  the  Physical  Protection  of  Nuclear  Material  (IAEA  document 
INFCIRC/274/Rev.1), as it may be revised and accepted by the Parties and the 
Member  States  of  the  Community,  and  to  the  IAEA  Regulations  for  the  Safe 
Transport  of  Radioactive  Materials  (IAEA  Safety  Standards  Series  TS-R-1/ 
ST-1, Revised), as they may be revised and transposed to the legislation of the 
Community and the Republic of Kazakhstan; 

e) 

re-transfers  of  any  items  subject  to  this  Article  outside  the  jurisdiction  of  the 
Community  or  the  Republic  of  Kazakhstan  shall  only  be  made  under  the 
conditions  of  the  Guidelines  for  Nuclear  Transfers,  as  set  out  in  IAEA 
document INFCIRC/254/Rev.6/Part 1, as it may be revised. 

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7. 

8. 

1. 

2. 

No administrative provision related to trade, industrial operations or nuclear material 
movements on the territories of the Community or the Republic of Kazakhstan shall 
be  used  to  restrict  trade  or  hinder  the  commercial  interests  of  either  Party  on  the 
peaceful use of nuclear energy both internationally and domestically.  

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

The implementation of paragraph 7 of this Article shall be without prejudice to the 
Euratom Treaty and secondary legislation thereunder. 

Notwithstanding  the  suspension  or  termination  of  this  Agreement  for  any  reason, 
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. 

Article 8 
OTHER AREAS RELEVANT TO THE SUBJECT OF THIS AGREEMENT 

The  Parties  may  agree  within  the  scope  of  their  respective  competences  to 
cooperation in other activities in the field of nuclear energy. 

On  the  Community  side,  the  activities  would  have  to  be  covered  by  relevant 
programmes of action and correspond to the conditions specified for it, e.g. in areas 
such  as  nuclear  security,  the  safe  transport  of  nuclear  material,  safeguards  or 
industrial  cooperation  to  promote  certain  aspects  of  the  safety  of  nuclear 
installations. 

3. 

The provisions of Article 6(4), are equally applicable to this cooperation. 

Article 9 
APPLICABLE LAW 

Cooperation  under  this  Agreement  shall  be  in  accordance  with  the  laws  and  regulations  in 
force within the Community and the Republic of Kazakhstan as well as with the international 
agreements entered into by the Parties.  

Article 10 
INTELLECTUAL PROPERTY 

The  utilisation  and  diffusion  of  information  and  intellectual  property  rights,  patents  and 
copyrights  connected  with  the  cooperation  activities  under  this  Agreement  shall  be  in 
accordance with the Annexes to the Agreements on cooperation in the areas of nuclear safety 
and controlled nuclear fusion that are referred to above in Articles  4  and 5, respectively, of 
this Agreement. 

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1. 

2. 

1. 

2. 

1. 

2. 

3. 

Article 11 
CONSULTATION AND ARBITRATION 

The Parties will hold regular consultations within the PCA framework to monitor the 
cooperation  under  this  Agreement,  unless  specific  consultation  mechanisms  are 
foreseen by the Parties. 

Any  dispute  relating  to  the  application  or  interpretation  of  this  Agreement  may  be 
dealt with according to Article 88 of the PCA. 

Article 12 
Bilateral nuclear cooperation agreements 

The provisions of this agreement shall supersede the provisions in existing bilateral 
agreements between individual Member States of the Community and the Republic 
of Kazakhstan providing for rights and obligations contained in this agreement. 

To the extent that the provisions in the said bilateral agreements between individual 
Member States of the Community and the Republic of Kazakhstan provide for rights 
and obligations for the Republic of Kazakhstan and of the respective Member States 
beyond those contained in this agreement, those rights and obligations will continue 
to be implemented under the respective bilateral agreements. 

Article 13  
ENTRY INTO FORCE AND DURATION 

The Agreement shall enter into force on the date the Parties, through an exchange of 
diplomatic notes on completion of appropriate procedures, specify its entry into force 
and shall remain in force for a period of ten years. 

Thereafter  this  Agreement  shall  be  automatically  renewed  for  five-year  periods, 
unless either Party, by written notice, requests the termination of the Agreement. The 
Agreement shall expiry within six months from the date of receiving of notification 
of the relevant Party. 

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  in  whole  or  in  part  cooperation  under  this  Agreement. 
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. Such action 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, after the lapse of a period of time defined by the Parties. 

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Article 14 

Upon mutual agreement of the Parties, the amendments and changes in the form of minutes 
could be included in the Agreement that shall be integral part of the Agreement. 

This  Agreement  shall  be  drawn  up  in  duplicate  in  the  Czech,  Danish,  Dutch,  English, 
Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, 
Polish,  Portuguese,  Slovak,  Slovenian,  Spanish,  Swedish  and  Kazakh  languages,  each  text 
being equally authentic. {Romanian and Bulgarian}  

Done at ……………………………on ………………………………… 

For the EUROPEAN ATOMIC ENERGY 
COMMUNITY 

For the Government of THE REPUBLIC 
OF KAZAKHSTAN 

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