Agreement for co-operation in the peaceful uses of nuclear energy between the European Atomic Energy Community and the Government of the Republic of Kazakhstan
Date: 2006-12-05
Institutions: European Atomic Energy Community, Kazakhstan
Subjects: EAEC, Kazakhstan, cooperation agreement (EU), nuclear energy, nuclear research, peaceful use of energy

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for co-operation in the peaceful uses of nuclear energy between the European Atomic Energy
Community and the Government of the Republic of Kazakhstan

AGREEMENT

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 Co-operation Agreement (PCA) between the European Communities and their Member
States, of the one part, and the Republic of Kazakhstan, of the other part, 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 Co-operation Agreement between the European Atomic Energy Community and
the Republic of Kazakhstan in the field of nuclear safety and the Agreement for co-operation between the European
Atomic Energy Community and the Government of the Republic of Kazakhstan 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,

its Member States and the Republic of Kazakhstan are committed to ensuring that the
WHEREAS the Community,
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 to 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 for the 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 authorised persons or undertakings
interest of
established in the respective territories of the Community and the Republic of Kazakhstan in the mutual
producers, the nuclear fuel cycle industry, utilities and consumers,

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,

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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:

(c) 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);

(d) 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).

(a)

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

2.
The co-operation 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.

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

3.

‘competent authorities of the Parties’ means:

— 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,
through diplomatic communication channels.

the Parties shall notify each other

Article 2

Objective

The objective of this Agreement is to provide a framework for
co-operation between the Parties in the peaceful uses of nuclear
energy with a view to strengthening the overall co-operation
relationship between the Community and 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 co-operation

Article 4

Nuclear safety

The co-operation in the field of nuclear safety shall be im­
plemented according to the Co-operation Agreement 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 co-operation in the field of controlled nuclear fusion shall
be implemented according to the Agreement for co-operation
between the European Atomic Energy Community and the
Government of
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.
Co-operation shall extend to nuclear research and devel­
opment 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.

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

2.
areas:

The co-operation may include, in particular, the following

(a) nuclear safety (Article 4);

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

industry, including generation of electricity;

(b) controlled nuclear fusion (Article 5);

(b) environmental impact of nuclear energy;

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

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

The co-operation shall be implemented in particular

3.
through:

(a) exchange of

technical

information by means of reports,

visits, seminars, technical meetings, etc.;

(b) exchange of personnel between laboratories and/or bodies

involved, including for training purposes;

(c) 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 co-operation in concrete projects will be laid down in im­
plementing arrangements, entered into by the competent auth­
orities of the Parties which will proceed according to respective
requirements of
the Community and the
legislation of the Republic of Kazakhstan.

legislation of

(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

(c)

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

Any nuclear transfers carried out pursuant

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

international commitments of

the Community,

Trade in nuclear materials and provision of

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

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

inter

alia,

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

5.
by the Party that
agreed by the Parties.

shall

The Parties

try to avoid conflictual

5.
situations
requiring commercial safeguard measures in their mutual trade
If problems nevertheless arise in their
in nuclear materials.
trade in nuclear materials which would seriously
mutual
jeopardise the viability of
including
the nuclear
uranium mining, of
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.

the Community or

industry,

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.

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.

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Transfers of nuclear material shall be subject

6.
following conditions:

to the

the IAEA for the Application of Safeguards) if it is in
force;

(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;

(c)

(b) the nuclear material shall be subject:

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 para­
graphs 6(b)(1) or 6(b)(2), or, if that is not possible,

— 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 Community, as far as it is concerned, shall apply safe­
guards based on the Euratom safeguards system, which
provides for effectiveness and coverage equivalent to that
provided by the safeguards agreements referred to in para­
graphs 6(b)(1) or, if that is not possible,

1. 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);

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

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

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

— 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 Protocol Additional to the Agreement between
the IAEA and the Republic of Kazakhstan for the appli­
cation of
in connection with the NPT,
concluded on 6 February 2004 on the basis of the
document published as INFCIRC/540 (Model Protocol
to the Agreement(s) between State(s) and
Additional

safeguards

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);

to the recommendations

(d) application of physical protection measures at levels which
satisfy as a minimum the criteria set out in Annex C to
IAEA document INFCIRC/254/Rev.6/Part 1 (Guidelines for
Nuclear Transfers) as it may be revised; supplementary to
this document, the Member States of the Community, the
European Commission, as appropriate, and the Republic of
Kazakhstan will refer when applying physical protection
in IAEA document
measures
of
INFCIRC/225/REV.4 corrected
Protection
Nuclear Material and Nuclear Facilities) as
it may be
to the
revised.
provisions of the International Convention on the Physical
Protection
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 Radio­
active Materials (IAEA Safety Standards Series TS-R-1/ ST-1,
Revised), as they may be revised and transposed to the
legislation of
and the Republic of
Kazakhstan;

Nuclear Material

the Community

shall be subject

International

transport

(Physical

(IAEA

of

(e) retransfers of any items subject to this Article outside the
jurisdiction of
the Republic of
the Community or
Kazakhstan shall only be made under the conditions of
the Guidelines for Nuclear Transfers, as set out in IAEA
document INFCIRC/254/Rev.6/Part1, as it may be revised.

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No administrative provision related to trade,

industrial
7.
operations or nuclear material movements on the territories
the Community or the Republic of Kazakhstan shall be
of
used to restrict trade or hinder the commercial
interests of
either Party on the peaceful use of nuclear energy both inter­
nationally and domestically.

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

Article 10

Intellectual property

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

this Agreement

shall be

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

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

Article 11

Consultation and arbitration

this
Notwithstanding the suspension or termination of
8.
Agreement for any reason, paragraph 6 of this Article shall
continue to apply so long as any nuclear material subject to
the
these provisions
Community or
a
determination is made in accordance with paragraph 2 of this
Article.

the
the Republic of Kazakhstan or until

remains under

jurisdiction of

Article 8

Other areas relevant to the subject of this agreement

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

2.
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 co-operation to promote certain aspects of
the
safety of nuclear installations.

The provisions of Article 6, paragraph 4, are equally

3.
applicable to this co-operation.

Any dispute relating to the application or interpretation of
2.
this Agreement may be dealt with according to Article 88 of the
PCA.

Article 12

Bilateral nuclear co-operation agreements

The provisions of

this Agreement shall supersede the
1.
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.

between

2.
To the extent that the provisions in the said bilateral
the
agreements
individual Member
Community and the Republic of Kazakhstan provide for
rights and obligations of the respective Member States and for
the Republic of Kazakhstan beyond those contained in this
Agreement, those rights and obligations will continue to be
implemented under the respective bilateral agreements.

States

of

Article 13

Entry into force and duration

1.
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 10 years.

Article 9

Applicable law

Co-operation 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.

2.
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 expire within six months from the date of receiving of
notification of the relevant Party.

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

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

Article 14

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.

Done at Brussels, 5 December 2006.

For the European Atomic Energy Community

For the Government of the Republic of Kazakhstan

Andris PIEBALGS

Bakhtykozha IZMUKHAMBETOV