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 Canada
Date: 2011-07-26
Institutions: European Commission
Subjects: Canada, EAEC, cooperation agreement, energy supply, nuclear energy, nuclear safety, peaceful use of energy

EUROPEAN COMMISSION 

Brussels, 26.7.2011 
SEC(2011) 969 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 
Canada 

 
 
 
 
  
 
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 
Canada 

1. 

INTRODUCTION 

The Agreement between Euratom Atomic Energy Community and the Government of Canada 
for cooperation in the peaceful uses of atomic energy covers most fields of mutual interest. 

The  Agreement  has  been  amended  five  times  since  it  was  signed  fifty  years  ago  and  these 
successive  modifications  make  it  difficult  to  implement.  The  negotiating  mandate  was 
adopted  by  the  Council  on  27  July  2009.  The  aim  of  the  negotiations  was  to  simplify  the 
Agreement,  provided  that  additional  provisions  (in  particular,  on  technology  transfer)  are 
incorporated.  

The  Agreement  provides  for  a  broad  cooperation  in  the  area  of  peaceful  uses  of  nuclear 
energy setting up the overall framework for political, technical and industrial cooperation. It 
will  create  a  legal  framework  both  for  the  governments  and  the  industrial  operators  of  the 
Parties which will facilitate the cooperation in this field between the Parties. 

2. 

IMPORTANCE OF THE AGREEMENT 

The importance of concluding this Agreement is mainly based on commercial needs.  

Canada has been the world's second largest uranium producer for many years, accounting for 
about 22% of world output. Production is expected to increase significantly from 2013 as new 
mines  will  come  into  operation. With  known  uranium  resources  of  572,000  tonnes  of  U3O8 
(485,000 tU), and continued exploration, Canada will have a significant role in meeting future 
world demand. 

For many years, Canada has been a leader in nuclear research and technology, exporting full 
reactor systems. The country also plans to expand its nuclear capacity over the next 10 years 
by building nine new reactors. 

For Euratom, the interest in signing this Agreement stems from the fact that Canada is one of 
its main suppliers of natural uranium. Facilitating trade in the nuclear domain contributes to 
the Community's policy of security of energy supply and diversification of energy sources.  

Furthermore,  the  conclusion  of  the  present  Agreement  reaffirms  the  non-proliferation 
commitment  of  Canada,  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. 

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3. 

GENERAL SCHEME OF THE AGREEMENT 

The  Agreement  has  as  its  objective  cooperation  in  the  peaceful  uses  of  nuclear  energy 
between  Euratom  and  Canada.  The  scope  of  cooperation  (Article  III)  mainly  comprises 
nuclear safety, the supply of nuclear material, technology transfer, transfer of equipment and 
the transfer of tritium and tritium-related equipment.  

The  Agreement  further  defines  the  Items  subject  to  this  Agreement  (Article  IV)  –  different 
forms of nuclear and non-nuclear material, equipment, tritium and tritium-related equipment – 
and  describes  in  detail  modalities  concerning  the  issue  of  enrichment  (Article  VI).  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 Protocols1). 

International  transfers  and  trade  in  nuclear  materials  are  explicated  in  Article  VII.  The 
Agreement  restates  the  principles  of  free  movement  of  nuclear  materials  within  the 
Community and tackles the issue of Reprocessing in Article VIII. Intellectual property issues 
(Article  IX)  are  dealt  with  in  detail,  as  well  as  the  modalities  of  Exchange  of  Information 
between the Parties (Article X).  

In  order  to  guarantee  the  smooth  implementation  of  the  Agreement,  a  specific  article  on 
Consultation  and  Arbitration  (Article  XII)  is  inserted  to  address  questions  on  the  correct 
application of the Agreement. The duration of the Agreement is set with an initial period of 10 
years, thereafter automatically renewed for additional periods of five years (Article XIV). 

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 Government of Canada, the 
adoption of which is proposed: 

–  is in conformity with the negotiating directives issued by the Council on 27 July 2009; 

–  fulfils the goals of simplifying, updating and extending the current Agreement; 

–  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 further strengthen the very good relations between the EU and the Canada in the field 

of energy policy cooperation. 

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, 

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INFCIRC/540. 

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the Agreement for cooperation in the peaceful uses of nuclear energy between the European 
Atomic Energy Community and the Government of Canada, in Annex. 

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ANNEX 

AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE 
EUROPEAN ATOMIC ENERGY COMMUNITY (EURATOM) FOR CO-
OPERATION IN THE PEACEFUL USES OF NUCLEAR ENERGY 

PREAMBLE 

The  Government  of  Canada  and  the  European  Atomic  Energy  Community  (Euratom), 
hereinafter referred to as "the Community", 

CONSIDERING  that  the  Government  of  Canada  and  the  Community  have  expressed  their 
mutual  desire  for  the  development  of  close  co-operation  in  the  peaceful  and  non-explosive 
uses of nuclear energy; 

DESIRING  to  collaborate  with  each  other  in  order  to  promote  and  enlarge  the  contribution 
which  the  development  of  the  peaceful  uses  of  nuclear  energy  can  make  to  welfare  and 
prosperity in Canada and within the Community; 

RECOGNIZING  that  the  Agreement  between  Canada  and  the  European  Atomic  Energy 
Community for co-operation in the area of nuclear research signed in 1998 provides for co-
operation  in  the  fields  of  common  interest  of  Parties  in  the  peaceful,  non-explosive,  non-
military uses of nuclear energy; 

REAFFIRMING the strong commitment of the Government of Canada, the Community and 
the  Governments  of 
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  Canada  and  the 
Community should be carried out; 

to  nuclear  non-proliferation 

its  Member  States 

including 

REAFFIRMING  the  support  of  the  Government  of  Canada,  the  Community  and  the 
Governments  of  its  Member  States  for  the  objectives  of  the  International  Atomic  Energy 
Agency (hereinafter referred to as "IAEA") and its safeguards system; 

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

NOTING that nuclear safeguards are applied in all Member States of the Community pursuant 
both 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 IAEA; 

NOTING  that  account  should  be  taken  of  the  commitments  made  by  the  Government  of 
Canada and the Government of each Member State of the Community in the framework of the 
Nuclear Suppliers Group; 

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RECOGNIZING  the  principle  of  the  free  movement  of  nuclear  material,  equipment, 
non-nuclear material, and technology within the Community; 

AGREEING that the Agreement should be in compliance with international obligations of the 
European Union and the Government of Canada under the World Trade Organisation; 

REITERATING  commitments  of  the  Government  of  Canada  and  the  Governments  of 
Member States of the Community to their bilateral agreements in the peaceful uses of nuclear 
energy; 

CONSIDERING  that  an  arrangement  providing  for  co-operation  in  the  peaceful  uses  of 
nuclear  energy  would  reinforce  an  existing  fruitful  exchange  of  experience,  provide 
opportunities for mutually beneficial action and reinforce solidarity within Europe and across 
the Atlantic; 

HAVE AGREED AS FOLLOWS: 

Article I 

Definitions 

For the purpose of this Agreement, except as otherwise specified therein, 

1. 

"Parties" means the Government of Canada on the one hand and the Community on 
the other hand; the term "Party" means one of the above "Parties"; 

"the Community" means both: 

(a) 

the legal person created by the Euratom Treaty; and 

(b) 

the territories to which the Euratom Treaty applies; 

2. 

"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; 

3. 

"competent authority" means: 

(a) 

the  Government  of  Canada, 

for 
Commission; 

the  Canadian  Nuclear  Safety 

(b) 

for the Community, the European Commission  

or such other authority as the Party concerned may at any time notify in writing to 
the other Party; 

"equipment"  means  items  of  machinery  or  plant,  as  listed  in  Annex  A.1  to  this 
agreement, specially suitable for use in nuclear energy projects; 

"non-nuclear material" means: 

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4. 

5. 

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Deuterium and heavy water: deuterium, heavy water (deuterium oxide) and any other 
deuterium  compound  in  which  the  ratio  of  deuterium  to  hydrogen  exceeds  1:5000, 
for use in a nuclear reactor,  

Nuclear grade graphite: graphite, for use in a nuclear reactor as moderator material, 
having  a  purity  level  better  than  5  parts  per  million  boron  equivalent  and  with  a 
density greater than 1.50 grams per cubic centimetre;  

"nuclear material" means any source material or special fissionable material as those 
terms are defined in Article XX of the Statute of the IAEA. Any determination by the 
Board  of  Governors  of  the  IAEA  under  Article  XX  of  the  IAEA's  Statute  that 
amends the list of material considered to be "source material" or "special fissionable 
material",  shall  only  have  effect  under  this  Agreement  when  the  Parties  have 
informed each other in writing that they accept that determination;  

"technology"  has  the  meaning  defined  in  Annex  A  of  IAEA  Information  Circular 
INFCIRC/254/Rev.9/Part 1 (Guidelines for Nuclear Transfers); 

"fusion programme" means the Euratom programme for research and training in the 
field of controlled thermonuclear fusion as adopted by Decision of the Council of the 
European Union, pursuant to Article 7 of the Euratom Treaty, as well as any further 
programme in that field adopted by Council Decision; 

"tritium" refers to compounds and mixtures that contain tritium in which the ratio of 
tritium to hydrogen by atoms is greater than 1 part per 1000; 

"tritium-related equipment and technology" means equipment especially designed or 
prepared  for  the  production,  recovery,  extraction,  concentration  or  handling  of 
tritium and its compounds and mixtures in the framework of the specific needs of the 
fusion programme or the operation of Pressurized Heavy Water Reactors; 

"by-product"  means  special  fissionable  material  derived  by  one  or  more  processes, 
whether  successive  or  not,  from  nuclear  material  transferred  pursuant  to  this 
Agreement. 

Article II 

Objective 

The objective of this Agreement is to provide a framework for co-operation between 
the Parties in the peaceful uses of nuclear energy on the basis of mutual benefit and 
reciprocity and without prejudice to the respective competences of each Party. 

Nuclear  material,  equipment,  non-nuclear  material,  tritium  and  tritium-related 
equipment transferred pursuant to this Agreement or nuclear material 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 or for development of any such device. 

6. 

7. 

8. 

9. 

10. 

11. 

1. 

2. 

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Article III 

Scope of co-operation 

The  co-operation  intended  by  this  Agreement  relates  to  the  peaceful  uses  of  nuclear  energy 
and may include, inter alia: 

(a) 

the supply of information related to:  

(i) 

health and safety, 

(ii) 

equipment,  facilities  and  devices  (including  the  supply  of  designs,  drawings, 
and specifications),  

(iii)  uses  of  nuclear  material,  non-nuclear  material,  equipment,  facilities  and 

devices (including manufacturing processes and specifications); and 

(iv)  external nuclear assistance programmes of the Parties; 

the supply of nuclear material, non-nuclear material, and equipment; 

technology  transfer,  including  the  supply  of  information  as  defined  in  point  (a)  of 
this article, provided that the individual Member States of the Community involved 
accept placing such transfers in the framework of this Agreement; 

transfer  of  equipment  which  has  been  designated  by  the  Parties  as  equipment 
designed,  constructed  or  operated  on  the  basis  of  or  by  the  use  of  information 
obtained  from  the  other  Party  and  which  is  within  the  jurisdiction  of  one  of  the 
Parties at the time of designation; 

the procurement of equipment and devices; 

the use of intellectual property rights; 

access to and use of equipment and facilities; 

direct  or  indirect  transfer  of  tritium  for  its  use  in  the  fusion  programme  and  of 
tritium-related equipment and technology for its use in the fusion programme or the 
operation of Pressurized Heavy Water Reactors, or its return to the supplying Party; 

cooperation  in  planning  and  execution  of  the  Parties'  external  nuclear  assistance 
programmes; 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

(j) 

other areas relevant to the subject of this Agreement. 

Article IV 

Items subject to the Agreement 

1. 

Nuclear  material,  non-nuclear  material,  equipment,  tritium  and  tritium-related 
equipment  transferred  between  the  Parties  or  their  respective  persons,  whether 
directly or through a third country, shall become subject to this Agreement upon their 

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entry  into  the  territorial  jurisdiction  of  the  receiving  Party,  provided  that  the 
supplying  Party  has  notified  the  receiving  Party  in  writing  of  the  intended  transfer 
and  that  the  receiving  Party  has  confirmed  in  writing  that  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 territorial jurisdiction of the receiving 
Party. 

2. 

Nuclear  material,  non-nuclear  material,  equipment,  tritium  and  tritium-related 
equipment  referred  to  in  paragraph  1  of  this  Article  shall  remain  subject  to  the 
provisions  of  this  Agreement  until  it  has  been  determined,  in  accordance  with  the 
procedures set out in the Administrative Arrangement: 

– 

– 

– 

– 

– 

that such item has been re-transferred beyond the jurisdiction of the receiving 
Party; 

that nuclear material is no longer usable for any nuclear activity relevant from 
the point of view of safeguards referred to in subparagraph a) of paragraph 6 of 
Article VII or has become practically irrecoverable; 

that  equipment  and  non-nuclear  material  are  no  longer  usable  for  nuclear 
purposes; 

that  tritium  and  tritium-related  equipment  are  no  longer  usable  for  the  fusion 
programme or the operation of Pressurized Heavy Water Reactors; 

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

Technology transfer shall be subject to this Agreement for the Member States of the 
Community which agree to place such transfers in the framework of this Agreement. 
Technology  transferred  between  the  Parties  or  their  respective  persons,  whether 
directly or through a third country, shall become subject to this Agreement upon its 
entry  into  the  territorial  jurisdiction  of  the  receiving  Party,  provided  that  the 
supplying  Party  has  notified  the  receiving  Party  in  writing  of  the  intended  transfer 
and  that  the  receiving  Party  has  confirmed  in  writing  that  such  item  will  be  held 
subject to this Agreement, and that the proposed recipient, if other than the receiving 
Party, will be an authorized person under the territorial jurisdiction of the receiving 
Party.  

Tritium  and  tritium-related  equipment  and  technology  will  be  used  solely  for  the 
Fusion Programme and Pressurized Heavy Water reactors. 

In addition to the items subject to this Agreement pursuant to paragraph 1 above, the 
following  material,  nuclear  material  and  equipment  will  be  subject  to  this 
Agreement: 

i) 

Non-nuclear material or nuclear material that is produced or processed by the 
use of the installations subject to this Agreement listed in Annex A.2; 

ii)  Nuclear  material  that  is  produced  or  processed  by  the  use  of  any  nuclear 

material or non-nuclear material subject to this Agreement; and 

3. 

4. 

5. 

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iii)  Equipment which the recipient Party, or the supplying Party after consultation 
and  agreement  with  the  recipient  Party,  has  designated  as  being  designed, 
constructed,  manufactured  or  operated  on  the  basis  of,  or  by  the  use  of 
technology  subject  to  this  Agreement,  transferred  pursuant  to  paragraph  1 
above. 

Article V 

Implementation arrangements 

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 
Canada  and  in  the  Community  and  so  as  to  be  consistent  with  the  prudent 
management  practices  required  for  the  economic  and  safe  conduct  of  nuclear 
activities. 

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  within  the  respective  territorial  jurisdiction  of  the  Parties  or  between  the 
Government of Canada and the Community. 

In  implementing  the  provisions  of  this  Agreement,  Canada,  the  Community  and  its 
Member  States  shall  act  in  conformity  with  the  provisions  of  the  Convention  on 
Nuclear Safety (IAEA Information Circular INFCIRC/449), the Joint Convention on 
the  Safety  of  Spent  Fuel  Management  and  on  the  Safety  of  Radioactive  Waste 
Management  (IAEA  Information  Circular  INFCIRC/546),  the  Convention  on 
Assistance  in  the  case  of  a  Nuclear  Accident  or  Radiological  Emergency  (IAEA 
Information Circular INFCIRC/336), and the Convention on Early Notification of a 
Nuclear Accident (IAEA Information Circular INFCIRC/335). 

The  competent  authorities  of  both  Parties  shall  establish  an  administrative 
arrangement  to  ensure  the  effective  implementation  of  the  provisions  of  this 
Agreement  and  shall  consult  regularly  or  at  any  other  time  at  the  request  of  either 
competent authority.  

Consistent  with  the  laws,  regulations  and  policies  of  the  Parties,  the  administrative 
arrangement may include procedures to, inter alia:  

(a)  obtain  written  consent  of  the  other  Party  prior  to  the  transfer  of  any  nuclear 
material,  non-nuclear  material,  equipment  or  technology  subject  to  the 
Agreement as specified in Article VII, paragraph (6)(d); 

(b)  manage  generic  retransfers  of  nuclear  material,  non-nuclear  material, 

equipment or technology; 

1. 

2. 

3. 

4. 

5. 

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(c) 

report  on  and  account  for  holdings  of  nuclear  material  subject  to  this 
Agreement  according  to  the  principles  of  equivalence,  fungibility,  and 
proportionality. 

(d)  determine  that  an  item  is  no  longer  subject  to  the  Agreement  in  accordance 

with the provisions of Article IV, paragraph 2. 

6. 

An  administrative  arrangement  established  pursuant  to  paragraph  4  of  this  Article 
may  be  amended  by  written  agreement  between  the  competent  authorities  of  the 
Parties. 

Article VI 

Enrichment  

Prior  to  the  enrichment  of  any  nuclear  material  subject  to  this  Agreement  to  twenty  (20) 
percent or more in the isotope U 235, the written consent of both Parties shall be obtained and 
the  IAEA  shall  be  notified.  Such  consent  shall  describe  the  conditions  under  which  the 
uranium enriched to twenty (20) percent or more may be used. An agreement to facilitate the 
implementation of this provision may be established by the Parties. 

Article VII 

International transfers and trade in nuclear materials  

1. 

2. 

3. 

4. 

5. 

Any nuclear transfer carried out pursuant to the co-operation activities shall be made 
in  accordance  with  the  relevant  international  commitments  of  the  Community,  the 
Member  States  of  the  Community,  and  the  Government  of  Canada  in  relation  to 
peaceful uses of nuclear energy as listed in paragraph 6 of this Article.  

The  Parties  shall,  to  such  extent  as  is  practicable,  assist  each  other  in  the 
procurement,  by  either  Party  or  by  persons  within  the  Community  or  under  the 
jurisdiction of the Government of Canada, of nuclear material, non-nuclear material, 
equipment  and  other  requisites  for  nuclear  energy  research,  development  and 
production within the Community or in Canada. 

The  continuation  of  the  co-operation  envisaged  in  the  present  Agreement  shall  be 
contingent  upon  the  mutually  satisfactory  application  of  the  system  for  safeguards 
and  control  established  by  the  Community  in  accordance  with  the  Euratom  Treaty 
and  of  the  measures  for  accounting  for  the  use  of  nuclear  material,  non-nuclear 
material or equipment established by the Government of Canada. 

The provisions of this Agreement shall not be used to impede the free movement of 
nuclear material, non-nuclear material, equipment, tritium, tritium-related equipment 
and technology within the territory of the Community. 

Transfers of nuclear material and appropriate services shall be carried out under fair 
commercial  conditions.  The  implementation  of  this  paragraph  shall  be  without 
prejudice to the Euratom Treaty and its derived legislation. 

6. 

a) Transfer of nuclear material shall be subject to the following conditions: 

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i) 

– 

– 

– 

ii) 

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,  European  Atomic  Energy  Community  and  the  International 
Atomic  Energy  Agency,  which  entered  into  force  on  21  February  1977 
(published as INFCIRC/193); 

The  Agreement  between  France,  Euratom  Atomic  Energy  Community 
and the International Atomic Energy Agency, which entered into force on 
12 September 1981 (published as INFCIRC/290) and constitutes France's 
voluntary offer agreement with the Agency. The Agreement between the 
United  Kingdom,  European  Atomic  Energy  Community  and  the 
International  Atomic  Energy  Agency,  which  entered  into  force  on  14 
August  1978  (published  as  INFCIRC/263)  and  constitutes  United 
Kingdom’s voluntary offer agreement with the Agency.  

The  Additional  Protocols  concluded  on  22  September  1998  which 
entered  into  force  on  30  April  2004  on  the  basis  of  the  document 
published as INFCIRC/540 (Strengthened Safeguards System, Part II); 

In  Canada,  to  the  IAEA  safeguards  pursuant  to  the  Agreement  between 
Canada and the International Atomic Energy Agency for the Application 
of Safeguards in connection with the Treaty on the Non-Proliferation of 
Nuclear  Weapons,  which  entered  into  force  on  21  February  1972 
(published  as  INFCIRC/164);  supplemented  by  an  Additional  Protocol 
concluded on 24 September 1998 on the basis of the document published 
as INFCIRC/164/Add.1 (Strengthened Safeguards System, Part II) which 
entered into force on 8 September 2000. 

b) 

In  the  event  of  the  application  of  any  of  the  Agreements  with  the  IAEA 
referred to in paragraph 6 a) of this article being suspended or terminated for 
any reason within the Community or Canada, 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 
provisions  i)  or  ii) of paragraph  6  a) of this article, 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 
provision i) of paragraph 6 a) of this article 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 provisions i) or ii) of paragraph 6 a). 

c)  Application of physical protection measures shall be at all times at levels which 
satisfy  as  a  minimum  the  criteria  set  out  in  Annex  C  to  IAEA  Information 
Circular  INFCIRC/254/Rev.9/Part  1  (Guidelines  for  Nuclear  Transfers); 

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supplementary  to  this  document,  the  Member  States  of  the  Community,  the 
European  Commission,  as  appropriate,  and  Canada  will  refer  when  applying 
physical  protection  measures  to  the  recommendations  in  IAEA  Information 
Circular INFCIRC/225/Rev.5 (Nuclear Security Recommendations on Physical 
Protection  of  Nuclear  Material  and  Nuclear  Facilities).  International  transport 
shall  be  subject  to  the  provisions  of  the  International  Convention  on  the 
Physical  Protection  of  Nuclear  Material  (IAEA  Information  Circular 
INFCIRC/274/Rev.1)  and  to  the  IAEA  Regulations  for  the  Safe  Transport  of 
Radioactive Materials (IAEA Safety Standards Series No. TS-R-1). 

d)  Nuclear  material,  non-nuclear  material,  equipment  and  technology  subject  to 
this Agreement shall not be transferred beyond the territorial jurisdiction of the 
receiving Party without the prior written consent of the supplier Party, except 
in accordance with sub-paragraph (e). 

e)  Upon  entry  into  force  of  this  agreement,  the  competent  authorities  of  both 
Parties  shall  exchange  lists  of  third  countries  to  which  retransfers  of  natural 
uranium,  depleted  uranium,  other  source  materials,  uranium  enriched  to  less 
than 20% in the isotope U235, and non-nuclear materials are authorised by the 
other  Party.  The  competent  authorities  of  each  Party  shall  notify  the  other  of 
changes  to  its  list  of  third  countries.  Procedures  acceptable  to  the  Parties 
related to such retransfers shall be established. 

f) 

Retransfers  of  any  items  subject  to  this  Agreement  outside  the  jurisdiction  of 
the  Parties  shall  only  be  made  under  the  framework  of  the  commitments 
undertaken  by  the  group  of  nuclear  supplier  countries  known  as  the  Nuclear 
Suppliers Group, as set out in IAEA Information Circular INFCIRC/254/Rev. 
9/Part 1. 

g)  Retransfers  of  tritium  and  tritium-related  equipment  outside  the  territories  of 
the Parties are subject to the prior written consent of the relevant Party.  

Article VIII 

Reprocessing 

The Parties grant their consent to the reprocessing of nuclear fuel containing nuclear material 
subject to this agreement provided that such reprocessing takes place in accordance with the 
conditions set out in Annex B. 

Article IX 

Intellectual Property 

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 Canada and 
in the European Union and Community or their Member States. 

Article X 

Exchange of information 

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1. 

2. 

3. 

4. 

1. 

2. 

3. 

(a)  The  Parties  may  make  available  to  each  other  and  to  persons  within  the 
Community  or  under  the  jurisdiction  of  the  Government  of  Canada, 
information at their disposal on matters within the scope of this Agreement. 

(b)  The  supply  of  information  received  from  any  third  party  under  terms 
preventing such supply shall be excluded from the scope of Agreement. 

(c) 

Information  regarded  by  the  supplying  Party  as  being  of  commercial  value 
shall be supplied only under the terms and conditions specified by the Parties.  

(a)  The Parties shall encourage and facilitate the exchange of information between 
persons  under  the  jurisdiction  of  the  Government  of  Canada  on  the  one  hand 
and  persons  within  the  Community  on  the  other  hand  on  matters  within  the 
scope of this Agreement. 

(b) 

Information owned by such persons shall be supplied only with the consent of 
and under the terms and conditions to be specified by those persons. 

The  Parties  shall  to  such  extent  as  is  practicable  provide  technical  advice  to  each 
other  or  to  persons  within  the  Community  or  under  the  jurisdiction  of  the 
Government of Canada by the secondment of experts or in such other ways as may 
be agreed. 

Each  Party  shall,  wherever  possible,  provide  in  its  own  schools  or  facilities,  and 
assist in obtaining elsewhere in Canada or within the Community, training in subjects 
relevant  to  the  peaceful  uses  of  nuclear  energy  for  students  and  trainees 
recommended by the other. 

Article XI 

Applicable law 

The  co-operation  provided  for  in  this  Agreement  shall  be  in  accordance  with  the 
laws, regulations in force in Canada and within the European Union and Community 
as  well  as  with  the  international  agreements  entered  into  by  the  Parties.  For  the 
Community,  the  applicable  law  includes  the  Euratom  Treaty  and  its  derived 
legislation.  

Each Party shall be responsible toward the other for ensuring that the provisions of 
this  Agreement  are  accepted  and  complied  with  as  to  Canada  by  all  of  its 
governmental  enterprises  and  by  all  persons  under  its  jurisdiction,  and  as  to  the 
Community  by  all  persons  within  the  Community  to  whom  authorisation  has  been 
granted pursuant to this Agreement. 

The revised versions of the IAEA documents and Information Circulars mentioned in 
this Agreement will be taken into account and made applicable when agreed by the 
Parties. 

Article XII 

Consultation and arbitration 

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1. 

2. 

At  the  request  of  either  Party,  representatives  of  the  Parties  shall  meet  when 
necessary to consult with each other on matters arising out of the application of the 
present  Agreement,  to  supervise  its  operation  and  to  discuss  arrangements  for  co-
operation additional to those provided in the present Agreement. Such consultations 
may take also the form of an exchange of correspondence. 

Any dispute arising out of the interpretation or application of this Agreement which 
is not settled by negotiation or as may otherwise be agreed between the Parties shall, 
on  the  request  of  either  Party,  be  submitted  to  an  arbitral  tribunal  which  shall  be 
composed of three arbitrators. Each Party shall designate one arbitrator and the two 
arbitrators so designated shall elect a third, not a national of either Party, who shall 
be the Chairman. If within thirty days of the request for arbitration either Party has 
not designated an arbitrator, the other Party to the dispute may request the President 
of  the  International  Court  of  Justice  to  appoint  an  arbitrator  to  the  Party  which  has 
not designated an arbitrator. If within thirty days of the designation or appointment 
of arbitrators for both the Parties the third arbitrator has not been elected, either Party 
may  request  the  President  of  the  International  Court  of  Justice  to  appoint  the  third 
arbitrator.  A  majority  of  the  members  of  the  arbitral  tribunal  shall  constitute  a 
quorum, and all decisions shall be made by majority vote of all the members of the 
arbitral tribunal. The arbitral procedure shall be fixed by the tribunal. The decisions 
of  the  tribunal  shall  be  binding  on  both  Parties  and  implemented  by  them.  The 
remuneration of the arbitrators shall be determined on the same basis as that for ad 
hoc judges of the International Court of Justice. 

Article XIII 

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  Canada  and  the  European 
Commission without amendment of this Agreement. 

Article XIV 

Entry into force and duration 

1. 

2. 

3. 

This Agreement shall enter into force on the date of the latter written notification that 
internal  procedures  necessary  for  its  entry  into  force  have  been  completed  by  the 
Parties. 

This  Agreement  shall  remain  in  force  for  a  period  of  ten  years.  Thereafter  this 
Agreement  shall  be  automatically  renewed  for  additional  periods  of  five  years, 
unless, at least six months before the expiration of any such additional period, a Party 
notifies the other Party of its intention to terminate the Agreement. 

If either Party or any Member State of the Community violates any of the material 
provisions  of  the  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  time-scale 
within which such measures shall be taken. Such action shall be taken only if there 

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has  been  failure  to  take  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. 

4. 

The present Agreement replaces the Agreement signed by the Parties on the 6th day 
of October, 19592 and amended on 1959, 1978, 1981, 1985 and 1991.  

This  Agreement  shall  be  drawn  up  in  duplicate,  in  the  Bulgarian,  Czech,  Danish,  Dutch, 
English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, 
Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, 
all twenty-two texts being equally authentic.  

IN  WITNESS  WHEREOF,  the  undersigned,  being  duly  authorized  thereto  have  signed  the 
present Agreement.  

For the European Atomic Energy Community 

For the Government of Canada 

2 

OJ 1165/59 

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ANNEX A.1 - Equipment 

1. 

Nuclear  reactors  and  especially  designed  or  prepared  equipment  and  components 
therefor 

1.1. 

Complete nuclear reactors 

1.2. 

Nuclear reactor vessels 

1.3. 

Nuclear reactor fuel charging and discharging machines 

1.4. 

Nuclear reactor control rods and equipment 

1.5. 

Nuclear reactor pressure tubes 

1.6. 

Zirconium tubes 

1.7. 

Primary coolant pumps 

1.8. 

Nuclear reactor internals 

1.9. 

Heat exchangers 

1.10.  Neutron detection and measuring instruments 

2. 

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

2.1. 

Irradiated fuel element chopping machines 

2.2. 

Dissolvers 

2.3. 

Solvent extractors and solvent extraction equipment 

2.4. 

Chemical holding or storage vessels 

3. 

4. 

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

Plants for the separation of isotopes of natural uranium, depleted uranium or special 
fissionable  material  and  equipment,  other  than  analytical  instruments,  especially 
designed or prepared therefor 

4.1. 

Gas centrifuges and assemblies and components especially designed or prepared for 
use in gas centrifuges 

4.1.1.  Rotating components 

4.1.2.  Static components 

4.2.  Especially  designed  or  prepared  auxiliary  systems,  equipment  and  components  for  gas 
centrifuge enrichment plants 

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4.2.1. Feed systems/product and tails withdrawal systems 

4.2.2. Machine header piping systems 

Especially designed or prepared piping systems and header systems for handling UF6 within 
the centrifuge cascades. 

4.2.3 Special shut-off and control valves 

4.2.4. UF6 mass spectrometers/ion sources 

4.2.5. Frequency changers 

4.3. Especially designed or prepared assemblies and components for use in gaseous diffusion 
enrichment 

4.3.1. Gaseous diffusion barriers 

4.3.2. Diffuser housings 

4.3.3. Compressors and gas blowers 

4.3.4. Rotary shaft seals 

4.3.5. Heat exchangers for cooling UF6 

4.4. Especially designed or prepared auxiliary systems, equipment and components for use in 
gaseous diffusion enrichment 

4.4.1. Feed systems/product and tails withdrawal systems 

Especially designed or prepared process systems, capable of operating at pressures of 300kPa 
(45psi) or less. 

4.4.2. Header piping systems 

4.4.3. Vacuum systems 

4.4.4. Special shut-off and control valves 

4.4.5. UF6 mass spectrometers/ion sources 

4.5.  Especially  designed  or  prepared  systems,  equipment  and  components  for  use  in 
aerodynamic enrichment plants 

4.5.1. Separation nozzles 

4.5.2. Vortex tubes 

4.5.3. Compressors and gas blowers 

4.5.4. Rotary shaft seals 

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4.5.5. Heat exchangers for gas cooling 

4.5.6. Separation element housings 

4.5.7. Feed systems/product and tails withdrawal systems 

4.5.8. Header piping systems 

4.5.9. Vacuum systems and pumps 

4.5.10. Special shut-off and control valves 

4.5.11. UF6 mass spectrometers/Ion sources 

4.5.12. UF6/carrier gas separation systems 

4.6. Especially designed or prepared systems, equipment and components for use in chemical 
exchange or ion exchange enrichment plants 

4.6.1. Liquid-liquid exchange columns (Chemical exchange) 

4.6.2. Liquid-liquid centrifugal contactors (Chemical exchange) 

4.6.3. Uranium reduction systems and equipment (Chemical exchange) 

4.6.4. Feed preparation systems (Chemical exchange) 

4.6.5. Uranium oxidation systems (Chemical exchange) 

4.6.6. Fast-reacting ion exchange resins/adsorbents (Ion exchange) 

4.6.7. Ion exchange columns (Ion exchange) 

4.6.8. Ion exchange reflux systems (Ion exchange) 

4.7.  Especially  designed  or  prepared  systems,  equipment  and  components  for  use  in  laser-
based enrichment plants 

4.7.1. Uranium vaporization systems (AVLIS) 

4.7.2. Liquid uranium metal handling systems (AVLIS) 

4.7.3. Uranium metal 'product' and 'tails' collector assemblies (AVLIS) 

4.7.4. Separator module housings (AVLIS) 

4.7.5. Supersonic expansion nozzles (MLIS) 

4.7.6. Uranium pentafluoride product collectors (MLIS) 

4.7.7. UF6/carrier gas compressors (MLIS) 

4.7.8. Rotary shaft seals (MLIS) 

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4.7.9. Fluorination systems (MLIS) 

4.7.10. UF6 mass spectrometers/ion sources (MLIS) 

4.7.11. Feed systems/product and tails withdrawal systems (MLIS) 

4.7.12. UF6/carrier gas separation systems (MLIS) 

4.7.13. Laser systems (AVLIS, MLIS and CRISLA) 

4.8. Especially  designed or prepared systems,  equipment  and  components  for  use  in  plasma 
separation enrichment plants 

4.8.1. Microwave power sources and antennae 

Especially  designed  or  prepared  microwave  power  sources  and  antennae  for  producing  or 
accelerating ions. 

4.8.2. Ion excitation coils 

4.8.3. Uranium plasma generation systems 

4.8.4. Liquid uranium metal handling systems 

4.8.5. Uranium metal 'product' and 'tails' collector assemblies 

4.8.6. Separator module housings 

4.9.  Especially  designed  or  prepared  systems,  equipment  and  components  for  use  in 
electromagnetic enrichment plants 

4.9.1. Electromagnetic isotope separators 

4.9.2. High voltage power supplies 

4.9.3. Magnet power supplies. 

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

5.1. Water - Hydrogen Sulphide Exchange Towers 

5.2. Blowers and Compressors 

5.3. Ammonia-Hydrogen Exchange Towers 

5.4. Tower Internals and Stage Pumps 

5.5. Ammonia Crackers 

5.6. Infrared Absorption Analyzers 

5.7. Catalytic Burners 

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5.8. Complete heavy water upgrade systems or columns therefor 

6.  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 sections 4 and 5 respectively, 
and equipment especially designed or prepared therefor 

6.1.  Plants  for  the  conversion  of  uranium  and  equipment  especially  designed  or  prepared 
therefor 

6.1.1. Especially designed or prepared systems for the conversion of uranium ore concentrates 
to UO3 

6.1.2. Especially designed or prepared systems for the conversion of UO3 to UF6 

6.1.3. Especially designed or prepared systems for the conversion of UO3 to UO2 

6.1.4. Especially designed or prepared systems for the conversion of UO2 to UF4 

6.1.5. Especially designed or prepared systems for the conversion of UF4 to UF6 

6.1.6. Especially designed or prepared systems for the conversion of UF4 to U metal 

6.1.7. Especially designed or prepared systems for the conversion of UF6 to UO2 

6.1.8. Especially designed or prepared systems for the conversion of UF6 to UF4 

6.1.9. Especially designed or prepared systems for the conversion of UO2 to UCl4 

6.2.  Plants  for  the  conversion  of  plutonium  and  equipment  especially  designed  or  prepared 
therefor 

6.2.1.  Especially  designed  or  prepared  systems  for  the  conversion  of  plutonium  nitrate  to 
oxide 

6.2.2. Especially designed or prepared systems for plutonium metal production 

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ANNEX A.2 - Complete installations 

Nuclear reactors; 

Plants for the reprocessing of irradiated fuel elements; 

Plants for the fabrication of nuclear reactor fuel elements; 

Plants for the separation of isotopes of natural uranium, depleted uranium or special 
fissionable material; 

Plants for the production or concentration of heavy water, deuterium and deuterium 
compounds; 

Plants for the conversion of plutonium. 

1. 

2. 

3. 

4. 

5. 

6. 

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The guidelines set forth below should cover reprocessing and plutonium storage and use: 

ANNEX B - Reprocessing 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

an  effective  commitment  to  non-proliferation  should  have  been  made  and  should 
continue  to  be  maintained  by  the  party  envisaging  reprocessing  and  plutonium 
storage and use; 

all  nuclear  material  subject  to  a  peaceful  uses  commitment  in  facilities  involved  in 
reprocessing  and  the  storage  and  use  of  plutonium  should  be  subject  to  IAEA 
safeguards; 

all  nuclear  material  subject  to  a  peaceful  uses  commitment  in  facilities  involved  in 
reprocessing  and  the  subsequent  storage  and  use  activities,  including  related 
transport, should be subject to adequate physical protection measures; 

mutually  satisfactory  notification  and  material  reporting  procedures  should  be  in 
place between the parties ; 

a  description  of  the  current  and  planned  nuclear  energy  programme  including  in 
particular a detailed description of the policy, legal and regulatory elements relevant 
to  reprocessing  and  plutonium  storage  and  use  should  be  provided  by  the  party 
envisaging such activities., 

the parties should agree to periodic and timely consultations at which inter alia the 
information provided under guideline (e) should be updated and significant changes 
in the nuclear energy programme would receive the fullest possible consideration ; 

the reprocessing and plutonium storage envisaged should only take place so long as 
the commitment of the party in question to non-proliferation does not change and so 
long as the commitment to periodic and timely consultations referred to in guideline 
(f) is honoured. 

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DRAFT AGREED MINUTES 

In  connection  with  the  Agreement  between  the  Government  of  Canada  and  the  European 
Atomic Energy Community (EURATOM) for Co-operation in the Peaceful Uses of Nuclear 
Energy,  signed  at  […]  (hereinafter  referred  to  as  "the  Agreement"),  the  undersigned  hereby 
record the following understandings: 

(1) 

(2) 

(3) 

(4) 

With  reference  to  the  provisions  of  paragraph  3  of  Article  IV,  it  is  confirmed  that 
they  are  applicable  only  to  technology  transfers  made  between  Canada  and  the 
Member  States  having  expressed  their  willingness  to  place  such  transfers  in  the 
framework of the Agreement which are listed in the Annex to these Agreed Minutes. 

With reference to the provisions of paragraph 5, sub-paragraph (i), of Article IV, it is 
understood  that  it  is  the  Parties'  intent  to  treat  foreign-origin  nuclear  material  and 
non-nuclear material produced or processed in a complete installation as per Annex 
A.2  supplied  by  the  other  Party  as  being  subject  to  the  obligations  set  out  in  the 
Agreement,  notably  the  accountancy  and  reporting  obligations  of  Article  V, 
paragraph 5.c). 

For the purpose of paragraph 5, sub-paragraph (ii), of Article IV, the Parties wish to 
emphasize  that  "non-nuclear  material"  refers  to  non-nuclear  material  supplied  in 
significant quantities to the other Party for the purpose of being used as moderator. 

With reference to the list set out in Annex A.2, it is confirmed that this list does not 
apply to the transfer of equipment listed in Annex A.1 and that the sole purpose of 
the  list  set  out  in  Annex  A.2  is  in  relation  to  the  application  of  paragraph  5,  sub-
paragraphs i) and iii), of Article IV, which is limited to full installations.  

SIGNED at Brussels, […] 

For the European Atomic Energy Community 

For the Government of Canada 

ANNEX 

List of EU Member States that have expressed their willingness to place technology transfer 
in the framework of the Agreement. 

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