Communication from the Commission to the Council on a negotiation mandate authorizing the Commission to negotiate an agreement between the European Atomic Energy Community (Euratom) and the Department of Energy of the United States of America (USDOE) in the field of nuclear security research and development
Date: 2008-08-04
Institutions: European Commission
Subjects: United States, international agreement, nuclear safety, research and development, vocational training

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 4.8.2008 
COM(2008) 507 final 

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL 

On a negotiation mandate authorizing the Commission to negotiate an agreement 
between the European Atomic Energy Community (Euratom) and the Department of 
Energy of the United States of America (USDOE) in the field of nuclear security 
research and development. 

Proposal for a 

COUNCIL DECISION 

On a negotiation mandate authorizing the Commission to negotiate an agreement 
between the European Atomic Energy Community (Euratom) and the Department of 
Energy of the United States of America (USDOE) in the field of nuclear security 
research and development. 

(presented by the Commission) 

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COMMUNICATION FROM THE COMMISSION TO THE COUNCIL 

On a negotiation mandate authorizing the Commission to negotiate an agreement 
between the European Atomic Energy Community (Euratom) and the Department of 
Energy of the United States of America (USDOE) in the field of nuclear security 
research and development. 

The European Atomic Energy Community (Euratom) and the Department of the Energy of the 
United  States  of  America  (USDOE)  have  been  cooperating  together  since  1982  in  order  to 
improve and strengthen the methodologies and technologies necessary for the implementation 
of nuclear safeguards.  

In  1995,  the  agreement  was  amended  to  include  the  commitment  of  the  two  partners  to 
coordinate their respective activities in support for third countries. The main goal was then to 
ensure  optimum  collaboration  between  the  programme  of  support  for  Russia  and  for  other 
countries  of  the  former  Soviet  Union  carried  out  by  the  Joint  Research  Centre  under  the 
TACIS Programme and under similar programmes launched by the USDOE.  

The  development  of  the  TACIS  programme  and  the  success  of  this  collaboration  led  both 
partners  to  widen  the  field  of  their  cooperation  in  numerous  areas  exceeding  the  context  of 
nuclear  safeguards,  covering  also  activities  related  to  research,  development  and  training  in 
the  field  of  nuclear  security.  The  Commission  considers  that  this  broadening  of  the  scope 
necessitates an appropriate legal framework. 

The  importance  assumed  by  security  matters  in  the  broad  sense  and  the  strengthening  of 
transatlantic  cooperation  give  a  political  context  particularly  favorable  to  this  widened 
collaboration.  

Such collaboration is already in place in the context of the Generation IV International Forum 
(GIF) and it is proposed to strengthen it in the context of the bilateral relations Euratom /USA. 

In the light of the above, the Council is invited to: 

–  -  Authorise  the  Commission  to  open  and  conduct  negotiations  with  the  USDOE,  on  a 
widening  of the  agreement of 1995,  to include research, development  and  training in the 
field of nuclear security, by replacement of the latter and in accordance with Article 101, 
paragraph 2 of the Euratom Treaty.  

–  - Adopt the draft negotiation mandate in annex. 

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Proposal for a 

COUNCIL DECISION 

On a negotiation mandate authorizing the Commission to negotiate an agreement 
between the European Atomic Energy Community (Euratom) and the Department of 
Energy of the United States of America (USDOE) in the field of nuclear security 
research and development. 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Atomic  Energy  Community,  and  in 
particular Article 101, second paragraph, thereof, 

Having regard to the memorandum of the Commission, 

Whereas: 

(1) 

(2) 

(3) 

An agreement has been signed on 6 January 1995 between Euratom and the USDOE 
in the field of nuclear material safeguards research and development, 

This agreement has to be amended to be widened to all the aspects of nuclear security 
research and development, 

The Commission should be authorised to negotiate an agreement, which will replace 
the agreement of 1995, 

HAS DECIDED AS FOLLOWS: 

Sole Article 

The Commission is hereby authorised, complying with the mandate annexed to this decision, 
to negotiate an Agreement between the European Atomic Energy Community (Euratom) and 
the  Department  of  the  Energy  of  the  United  States  of  America  (USDOE)  in  the  field  of 
nuclear  security  research  and  development.  This  Agreement  will  amend  and  replace  the 
agreement signed on 6 January 1995. 

Done at Brussels,  

For the Council 
The President 

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ANNEX  

Draft  negotiating  mandate  for  a  cooperation  agreement  between  Euratom  and  the 
Department  of  the  Energy  of  the  United  States  of  America  (USDOE)  in  the  field  of 
nuclear security research and development  

1. 

Subject  

The objective of these negotiations is to amend the agreement of 1995 the field of which is 
limited to nuclear safeguards and in particular to extend its scope to nuclear security research 
and development. This agreement will be concluded in accordance with Article 101 paragraph 
2 of the Euratom Treaty. This agreement will amend and replace the agreement signed on 6 
January 1995. 

2. 

Cooperation area  

The  cooperation  under  this  agreement  will  cover  research,  development  and  training  in  the 
field of nuclear security. Particular attention will be paid to training and to the coordination of 
the programmes that both partners implement in support for third countries.  

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Implementation modalities  

The  implementation  modalities  will  be  taken up  again  of  the  agreement  of  1995  on  nuclear 
material safeguards research and development. They nevertheless will be adapted in the light 
of the experience gained since then.  

4. 

Relations with the Member States  

Generally, the Commission will ensure close coordination with the active Member States in 
the field of nuclear security research and development. Moreover, the Member States which 
are  willing  to  do  so  could  be  associated  to  the  implementation  of  this  agreement,  in 
accordance with the following modalities:  

•  Any Member State or any organisation falling within the competence of a Member State 
which would wish to cooperate with the USDOE in the field of nuclear security research, 
development  and  training  will  be  able,  in  agreement  with  the  Commission,  to  use  this 
agreement by respecting its implementation modalities;  

•  The training activities which will be organised under this agreement will be opened to any 
Member State or any organisation falling within the competence of a Member State which 
would  make  a  motivated  request  to  the  Commission  and  following  the  modalities  which 
will be defined on a case by case basis. 

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