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 South Africa
Date: 2012-02-02
Institutions: European Commission
Subjects: South Africa, association agreement (EU), industrial cooperation, peaceful use of energy, scientific cooperation, security of supply, technical cooperation, uranium

EUROPEAN COMMISSION 

Brussels, 2.2.2012  
COM(2012) 27 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 
South Africa 

 
 
 
 
 
 
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 
South Africa 

1. 

INTRODUCTION 

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

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 

With  a  view  to  strengthening  the  overall  co-operative  relationship  between  the  Community 
and South Africa, the importance of concluding this Agreement is mainly based on the mutual 
interest  to  establish  a  stable  legal  framework  in  order  to  facilitate  equal,  reciprocal 
cooperation in the peaceful uses of nuclear energy, including commercial exchanges, taking 
into account that South Africa has large uranium reserves and starts to play a growing role in 
the civil nuclear field.  

Further  the  Agreement  would  foster  the  scientific  cooperation  between  the  Community  and 
South Africa, in particular to facilitate the participation of South African research entities in 
research  projects  carried  out  in  the  framework  of  the  relevant  Community  research 
programmes  and  to  ensure  a  reciprocal  participation  of  research  entities  of  the  Community 
and its Member States in South African projects in similar areas of research.  

Thus,  as  a  concrete  example,  South  Africa  has  developed  the  Pebble  Bed  Modular  Reactor 
(PBMR),  which  could  become  a  viable  alternative  to  other  reactor  types.  European  R&D 
organisations are already involved in this programme.  

South Africa is also active on medical applications of nuclear energy and is a major producer 
of medical radio-isotopes.  

For  Euratom,  the  interest  in  signing  this  Agreement  stems  from  the  fact  that  it  ensures  a 
corresponding  level  of  physical  protection,  safeguards,  and  export  control  standards  and 
facilitates nuclear trade between the Parties. The Agreement also ensures the free movement 
of  nuclear  and  non-nuclear  materials,  equipment  and  technology  within  the  Community,  as 
well  as  requires  that  transfers  of  nuclear  material  and  provisions  of  relevant  services  be 
carried out under fair commercial conditions. 

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The  conclusion  of  a  new  agreement  between  the  European  Atomic  Energy  Community 
('Euratom') and South Africa for cooperation in the peaceful uses of nuclear energy will create 
a  long-term  and  stable  framework  for  both  Parties  and  their  governments  and  industrial 
operators, within which such co-operation could take place, as well as encourage and facilitate 
the scientific co-operation in research and development in the field of nuclear energy on the 
basis of mutual benefit, equality and reciprocity.  

3. 

GENERAL SCHEME OF THE AGREEMENT 

The  Agreement  has  as  its  objective  cooperation  in  the  peaceful  uses  of  nuclear  energy 
between Euratom and South Africa. The scope and forms of cooperation (Article III) mainly 
comprise  research  and  development  in  the  field  of  nuclear  energy,  use  of  nuclear  materials 
and technologies, transfers of nuclear material and equipment and nuclear safeguards.  

The  Agreement  further  defines  the  Items  subject  to  this  Agreement  (Article  IV)  –  different 
forms of nuclear and non-nuclear material– and describes in detail modalities Trade in nuclear 
material, non-nuclear material or equipment (Article V). 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). 

Specific  provisions  on  the  Exchange  of  Information  and  Intellectual  Property  (Article  VII) 
and  implementing  provisions  (Article  VIII)  follow.  In  order  to  guarantee  the  smooth 
implementation  of  the  Agreement,  a  specific  article  on  Consultation  and  dispute  resolution 
(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 XV). 

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  South 
Africa, the adoption of which is proposed: 

–  is in conformity with the negotiating directives issued by the Council on 8 October 2010; 

–  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 South Africa 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, 

1 

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 South Africa, in Annex. 

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ANNEX  

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

PREAMBLE 

The Government of the Republic of South Africa, hereinafter referred to as South Africa, and 
the  European  Atomic  Energy  Community  (Euratom),  hereinafter  referred  to  as  "the 
Community", and hereinafter jointly referred to as the "Parties",  

CONSIDERING the friendly relations and co-operation existing between the two Parties; 

NOTING  with  satisfaction  the  fruitful  outcome  of  economic,  technical  and  scientific  co-
operation between the Parties;  

TAKING into account the Agreement on Trade, Development and Cooperation between the 
European  Community  and  its  Member  States,  of  the  one  part,  and  the  Republic  of  South 
Africa, of the other part, done on 11 October 1999; 

TAKING  into  account  the  Partnership  Agreement  between  the  Members  of  the  African, 
Caribbean and Pacific Group of States on the one part, and the European Community and its 
Member States, on the other Part, done on 23 June 2000; 

DESIRING to promote their cooperation in the use of nuclear energy for peaceful purposes; 

REAFFIRMING the strong commitment of the Republic of South Africa, 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  the  Republic  of 
South Africa and the Community should be carried out; 

to  nuclear  non-proliferation 

its  Member  States 

including 

REAFFIRMING  the  support  of  the  Republic  of  South  Africa,  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; 

REAFFIRMING the strong commitment of the Republic of South Africa, the Community and 
its Member States to the Convention on the Physical Protection of Nuclear Material done on 3 
March 1980; 

WHEREAS  the  Republic  of  South  Africa  and  all  Member  States  of  the  Community  are 
Parties  to  the  Treaty  on  the  Non-Proliferation  of  Nuclear  Weapons  done  on  1  July  1968, 
hereinafter referred to as "NPT"; 

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NOTING that nuclear safeguards are applied in all Member States of the Community pursuant 
to both the Treaty establishing the European Atomic Energy Community (hereinafter referred 
to  as  "the  Euratom  Treaty")  and  the  safeguards  agreements  concluded  between  the 
Community, its Member States and the IAEA; 

TAKING into account the African Nuclear-Weapon-Free zone treaty (Pelindaba Treaty), done 
on 11 April 1996 and entered into force on 15 July 2009; 

NOTING that the Republic of South Africa and the Governments of all Member States of the 
Community participate in the Nuclear Suppliers Group; 

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

RECOGNISING  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 Republic of South Africa under the World Trade Organisation; 

REITERATING  commitments  of  the  Republic  of  South  Africa  and  the  Governments  of 
Member States of the Community to their bilateral agreements in the peaceful uses of nuclear 
energy; 

HAVE AGREED AS FOLLOWS: 

Article I 

Definitions 

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

1. 

"competent authority" means: 

(a) 

for the Republic of South Africa, the Department of Energy; 

(b) 

for the Community, the European Commission  

2. 

3. 

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

"equipment" means those items listed in Sections 1, 3, 4, 5, 6 and 7 of Annex B of 
IAEA document INFCIRC/254/Rev.10/Part 1 (Guidelines for Nuclear Transfers), as 
amended from time to time; 

"information" means scientific or technical data, results or methods of research and 
development  stemming  from  the  joint  research  projects  and  any  other  information 
deemed  necessary  by  the  Parties  and/or  participants  engaged  in  the  joint  research 

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4. 

5. 

6. 

projects  to  be  provided  or  exchanged  under  this  Agreement  or  research  pursuant 
thereto; 

"intellectual property" shall have the meaning set out in Article 2 of the Convention 
establishing the World Intellectual Property Organization, done on 14 July 1967, as 
amended on 28 September  1979, and may include other subject matter as mutually 
determined by the Parties; 

"joint  research  projects"  means  research  or  technological  development  that  is 
implemented  with  or  without  financial  support  from  one  or  both  Parties  and  that 
involves  collaboration  by  participants  from  both  the  Community  and  South  Africa 
and  is  designated  as  joint  research  in  writing  by  the  Parties  or  their  scientific  and 
technological  organisations  and  agencies  implementing  the  scientific  research 
programmes. In the case where there is funding by only one Party the designation is 
made by that Party and the participant in that project; 

"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 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; 

7. 

"non-nuclear material" means: 

(a)  Deuterium  and  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, as defined in paragraph (1.1) of Annex B of 
IAEA Information Circular INFCIRC/254/Rev.10/Part 1, 

(b)  Nuclear grade graphite: graphite, for use in a nuclear reactor, as defined 
in  paragraph  (1.1)  of  Annex  B  of  IAEA  Information  Circular 
INFCIRC/254/Rev.10/Part 1, having a purity level better than 5 parts per 
million boron equivalent and with a density greater than 1.50 grams per 
cubic centimetre; 

8. 

9. 

10. 

11. 

"participant" means any person, any research institute, any legal entity or firm or any 
other body otherwise allowed by either Party to participate in cooperative activities 
and or joint research projects under this Agreement including the Parties themselves; 

"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; 

"results  of  intellectual  activity"  (RIA)  means  information  and/or  intellectual 
property; 

"Parties" means the Republic of South Africa on the one hand and the Community on 
the other hand;  

"the Community" means both: 

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(a) 

the legal person created by the Euratom Treaty; and 

(b) 

the territories to which the Euratom Treaty applies; 

12. 

"technology"  has  the  meaning  defined  in  Annex  A  of  IAEA  Information  Circular 
INFCIRC/254/Rev.10/Part 1. 

Article II 

Objective 

1. 

2. 

3. 

1. 

2. 

The  objective  of  this  Agreement  is  to  encourage  and  to  facilitate,  on  the  basis  of 
mutual benefit, equality and reciprocity, cooperation in the peaceful uses of nuclear 
energy with a view to strengthening the overall co-operative relationship between the 
Community  and  South  Africa,  in  accordance  with  the  needs  and  priorities  of  their 
respective nuclear programmes.  

The Agreement aims to foster the scientific cooperation between the Community and 
South  Africa,  in  particular  to  facilitate  the  participation  of  South  African  research 
entities in research projects carried out in the framework of the relevant Community 
research programmes and to ensure a reciprocal participation of research entities of 
the Community and its Member States in South African projects in similar areas of 
research. 

Nothing contained in this Agreement shall be construed as binding the Parties to any 
form of exclusivity and each Party shall be entitled to conduct business independent 
of the other where market requirements so dictate.  

Article III 

Scope and forms of co-operation 

Nuclear material, equipment, non-nuclear material or nuclear material produced as a 
by-product  shall  be  used  only  for  peaceful  purposes;  and  shall  not  be  used  for  any 
nuclear explosive device, for research or for development of any such device, nor for 
any military purpose. 

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

(a) 

research  and  development  in  the  field  of  nuclear  energy  (including  fusion 
technologies); 

(b)  use  of  nuclear  materials  and  technologies  such  as  applications  in  health, 

agriculture; 

(c) 

transfers of nuclear materials and equipment; 

(d)  nuclear 

safety, 

fuel  management, 
decommissioning,  radiation  protection  including  emergency  preparedness  and 
response;  

radioactive  waste 

spent 

and 

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(e)  nuclear safeguards; 

(f) 

other  areas  to  be  agreed  by  the  Parties,  insofar  as  they  are  covered  by  the 
Parties’ respective programmes. 

3. 

The co-operation referred to in paragraph 2 of this Article may be undertaken in the 
following forms: 

(a) 

supply  of  nuclear  and  non-nuclear  materials,  equipment  and  related 
technologies; 

(b)  provision of nuclear fuel cycle services; 

(c) 

(d) 

establishment of Working Groups, if necessary, to implement specific studies 
and projects in the area of scientific research and technological development; 

exchange  of  experts,  scientific  and  technological  information,  organization  of 
scientific  seminars  and  conferences,  training  of  administrative,  scientific  and 
technical personnel; 

(e) 

consultations  on  research  and  technological  issues  and  performing  joint 
research under agreed programmes; 

(f) 

co-operation activities in promoting nuclear safety; and 

(g)  other forms of cooperation as may be determined by the Parties in writing. 

The  co-operation  referred  to  in  paragraph  2  of  this  Article  may  also  take  place 
between authorised persons and undertakings established in the respective territories 
of the Parties. 

Article IV 

Items subject to the Agreement 

This Agreement shall apply to nuclear material, non-nuclear material or equipment, 
transferred  between  the  Parties  or  their  respective  persons,  whether  directly  or 
through  a  third  country.  Such  nuclear  material,  non-nuclear  material  or  equipment 
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,  in  accordance  with  procedures  defined  in 
the  Administrative  Arrangement,  and  that  the  proposed  recipient,  if  other  than  the 
receiving  Party,  is  an  authorised  person  under  the  territorial  jurisdiction  of  the 
receiving Party. 

Nuclear  material,  non-nuclear  material  or  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 
Arrangements: 

(a) 

that such item has been re-transferred beyond the jurisdiction of the receiving 
Party in accordance with the relevant provisions of this Agreement; or 

4. 

1. 

2. 

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(b) 

(c) 

(d) 

that nuclear material is no longer usable for any nuclear activity relevant from 
the point of view of safeguards referred to in paragraph 1 of Article VI or has 
become practically irrecoverable; or 

that  equipment  or  non-nuclear  material  is  no  longer  usable  for  nuclear 
purposes; or 

that  the  Parties  mutually  determine  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  that  have  expressed  their  willingness  to  place  such  transfers  in  the 
framework of this Agreement through a written notification from the Member State 
concerned  to  the  European  Commission.  A  prior  notification  between  the  Member 
State(s) concerned and the European Commission, on one side, and South Africa, on 
the other, should be given before each transfer. 

Article V 

Trade in nuclear material, non-nuclear material or equipment 

Any  transfer  of  nuclear  material,  non-nuclear  material  or  equipment  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  Republic  of  South  Africa  in  relation  to  peaceful  uses  of  nuclear  energy  as 
listed in Article VI. 

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  Republic  of  South  Africa,  of  nuclear  material,  non-nuclear 
material or equipment. 

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  system  for  safeguards  and  control  of  nuclear  material,  non-nuclear 
material or equipment established by the Republic of South Africa. 

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

Transfers of nuclear material subject to this Agreement and the provision of relevant 
services shall be carried out under fair commercial conditions and not jeopardise the 
international  obligations  of  the  Parties  under  the  World  Trade  Organisation.  The 
implementation  of  this  paragraph  shall  be  without  prejudice  to  the  Euratom  Treaty 
and its derived legislation, and to South African laws and regulations. 

Any  retransfers  of  any  nuclear  material,  non-nuclear  material,  equipment  or 
technology subject to this Agreement outside the jurisdiction of the Parties shall only 
be  made  in  the  framework  of  the  commitments  undertaken  by  the  Governments  of 
individual Member States of the Community and the Republic of South Africa within 

3. 

1. 

2. 

3. 

4. 

5. 

6. 

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the  group  of  nuclear  supplier  countries  known  as  the  Nuclear  Suppliers  Group.  In 
particular,  the  Guidelines  for  Nuclear  Transfers,  as  set  out  in  IAEA  Information 
Circular  INFCIRC/254/Rev.  9/Part  1,  shall  apply  to  retransfers  of  any  nuclear 
material, non-nuclear material, equipment or technology subject to this Agreement. 

7. 

8. 

Upon entry into force of this Agreement, the Parties shall exchange lists of the third 
countries to which retransfers pursuant to paragraph 6 of this Article are authorised 
without  the  need  to  obtain  prior  authorisation  from  the  supplier  Party.  Each  Party 
shall notify the other Party of changes to its list of third countries.  

The  prior  written  consent  of  the  supplier  Party  shall  be  required  for  retransfers 
pursuant  to  paragraph  6  of  this  Article  to  countries  not  figuring  upon  the  supplier 
Party's list of third countries.  

Article VI 

Applying conditions to Nuclear Material subject to the Agreement 

1. 

Nuclear  material  subject  to  this  agreement  shall  be  subject  to  the  following 
conditions: 

(a) 

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: 

i) 

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); 

ii)  The  Agreement  between  France,  European  Atomic  Energy  Community 
and the International Atomic Energy Agency, which entered into force on 
12 September 1981 (published as INFCIRC/290); 

iii)  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);  

iv)  The  Additional  Protocols  signed  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); 

(b) 

In  South  Africa,  to  the  IAEA  safeguards  pursuant  to  the  Agreement  between 
the  Government  of  the  Republic  of  South  Africa  and  the  IAEA  for  the 
Application  of  Safeguards  in  connection  with  the  Treaty  on  the  Non-
Proliferation of Nuclear Weapons, which was signed and entered into force on 
16 September 1991 and was published as INFCIRC/394, supplemented by the 
Additional Protocol, which was signed and entered into force on 13 September 
2002, and to the African Nuclear-Weapon-Free Zone Treaty which was signed 
on 11 April 1996 and entered into force on 15 July 2009. 

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2. 

3. 

4. 

In the event of the application of any of the Agreements with the IAEA referred to in 
paragraph 1 of this article being suspended or terminated for any reason within the 
Community or South Africa, 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  a)  or  b)  of  paragraph  1  of  this 
Article, or, if that is not possible, 

(a) 

(b) 

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 a) of paragraph 1 of this article or, if that is not possible, 

the  Parties  shall  enter  into  arrangements  for  the  application  of  safeguards, 
which  provide  for  effectiveness  and  coverage  equivalent  to  that  provided  by 
the safeguards agreements referred to in provisions a) or b) of paragraph 1 of 
this Article. 

Application  of  physical  protection  measures  shall  be  at  all  times  at  levels  which 
satisfy as a minimum the criteria set out in Annex C of IAEA Information Circular 
INFCIRC/254/Rev.10/Part 1 as it may be revised; supplementary to this document, 
the  Member  States  of  the  Community,  the  European  Commission,  as  appropriate, 
and  South  Africa  will  refer  when  applying  physical  protection  measures  to  its 
obligations  under  the  Convention  on  the  Physical  Protection  of  Nuclear  Material 
done  on  3  March  1980,  including  any  amendments  that  are  in  force  for  each  Party 
and  the  recommendations  in  Nuclear  Security  Recommendations  on  Physical 
Protection  of  Nuclear  Material  and  Nuclear  Facilities  (INFCIRC/225/Revision  5), 
IAEA Nuclear Security Series No. 13. International transport shall be subject to the 
provisions  of  the  International  Convention  on  the  Physical  Protection  of  Nuclear 
Material done on 3 March 1980, including any amendments that are in force for each 
Party, and to the IAEA Regulations for the Safe Transport of Radioactive Materials 
(IAEA Safety Standards Series No. TS-R-1). 

Nuclear safety and waste management shall be subject to 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),  the  Convention  on  Early  Notification  of  a 
Nuclear Accident (IAEA Information Circular INFCIRC/335). 

Article VII 

Exchange of Information and Intellectual Property 

Utilisation  and  diffusion  of  information  and  intellectual  property  rights,  including  industrial 
property,  patents  and  copyrights,  and  technology  transferred  pursuant  to  the  cooperative 
activities under this Agreement shall be in accordance with provisions in Annex A. 

Article VIII 

Implementation of the Agreement 

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1. 

2. 

3. 

4. 

1. 

2. 

3. 

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 
South  Africa  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  South 
Africa and the Community. 

Nuclear material subject to this Agreement shall be handled based on the principles 
of proportionality, fungibility and the equivalence of nuclear materials. 

Any amendment to the documents published by the IAEA mentioned in Articles I, V 
or VI of this Agreement shall have effect under this Agreement only when the Parties 
have  informed  each  other  in  writing  through  diplomatic  channels  that  they  accept 
such amendment. 

Article IX 

Administrative Arrangements 

The  competent  authorities  of  both  Parties  shall  establish  Administrative 
Arrangements  to  ensure  the  effective  implementation  of  the  provisions  of  this 
Agreement. 

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

An  administrative  arrangement  established  pursuant  to  paragraph  1  of  this  Article 
may be amended as mutually determined in writing by the competent authorities. 

Article X 

Applicable law 

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

Article XI 

Non-Compliance 

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1. 

2. 

3. 

1. 

2. 

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  a  decision  on  whether  corrective  measures  are  needed,  and  if  so,  the 
corrective measures to be taken and the time-scale within which such measures shall 
be  taken.  Such  action  shall  be  taken  only  if  there  has  been  failure  to  take  decided 
measures within the time decided by the Parties or, in the event of failure to find a 
solution after the lapse of a period of time defined by the Parties. 

Termination  of  this  Agreement  shall  not  affect  the  implementation  of  any 
arrangements  and/or  contracts,  made  during  the  period  of  its  validity  but  still  not 
completed by the date of its termination, unless otherwise agreed upon by the Parties. 

Article XII  

Consultation and dispute resolution 

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 interpretation or the 
implementation  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, the application or the implementation 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. 

3. 

For dispute resolution purposes, the English version of this Agreement shall be used. 

Article XIII 

Complementary Provisions 

1. 

This  agreement  is  without  prejudice  to  the  right  of  the  Member  States  to  conclude 
bilateral  agreements  with  South  Africa, respecting  the  competences  of  the  Member 
States  on  the  one  hand  and  the  Community  on  the  other,  and  in  so  far  as  such 

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2. 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

bilateral  agreements  are  in  full  conformity  with  the  aims  and  terms  of  the  present 
Agreement.  Bilateral  agreements  concluded  by  certain  Member  States  before  the 
entry  into  force  of  the  Agreement  between  the  Community  and  South  Africa  may 
continue to apply. 

Provisions for articulating these agreements and the Agreement should be projected 
where appropriate, in accordance with the respective competence of the Parties, and 
subject to the agreement of concerned parties. 

Article XIV 

Amendments and Status of the Annex 

The  Parties  may  consult,  at  the  request  of  either  Party,  on  possible  amendments  to 
this  Agreement,  particularly  to  take  account  of  international  developments  in  the 
field of nuclear safeguards. 

This Agreement may be amended if the Parties so agree. 

Any  amendment  shall  enter  into  force  on  the  date  the  Parties,  by  exchange  of 
diplomatic notes, specify for its entry into force. 

The Annex to this Agreement forms an integral part of this Agreement and may be 
amended in accordance with paragraphs 1 to 3 of this Article. 

Article XV 

Entry into force and duration 

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. 

Notwithstanding the suspension, termination or expiration of this Agreement or any 
co-operation hereunder for any reason, the obligations in Articles III, IV, V, VI, VII, 
VIII, IX and X shall continue in effect so long as any nuclear material, non-nuclear 
material or equipment subject to these Articles remains in the territory of the other 
Party  or  under  its  jurisdiction  or  control  anywhere  or  until  it  is  determined  in 
accordance with the provisions of Article IV that such nuclear material is no longer 
usable, or is practicably irrecoverable for processing into a form in which it is usable, 
for any nuclear activity relevant from the point of view of safeguards. 

Done at 
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,  each  text  being 
equally authentic. 

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

For the European Atomic Energy Community 

For the Republic of South Africa 

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ANNEX A 

Guiding principles on the allocation of intellectual property rights resulting from joint 
research activities under the Agreement for cooperation in the peaceful uses of nuclear 
energy 

I. OWNERSHIP, ALLOCATION AND EXERCISE OF RIGHTS 

1. This Annex shall apply to cooperative activities under this Agreement except as otherwise 
agreed  by  the  Parties.  The  participants  shall  jointly  develop  technology  management  plans 
(TMPs)  in  respect  of  the  ownership  and  use,  including  publication,  of  information  and 
intellectual property, to be created in the course of cooperative activities. The TMPs shall be 
approved  by  the  Parties  before  the  conclusion  of  any  specific  Research  and  Development 
cooperation contracts to which they refer.  

The TMPs shall be developed taking into account the aims of the cooperative activities, the 
relative contributions of the participants, peculiarities of licensing by territory or for a specific 
field of use, requirements imposed by laws applicable and other factors deemed appropriate 
by the participants. The rights and obligations concerning the research generated by visiting 
researchers under this Agreement in respect of RIA shall also be addressed in the joint TMPs. 

2. RIA created in the course of cooperative activities and not addressed in the TMP shall be 
allocated, with the approval of the Parties, according to the principles set out in the TMP. In 
case of disagreement, such RIA shall be owned jointly by all the participants involved in the 
joint  research  from  which  the  RIA  results.  Each  participant  to  whom  this  provision  applies 
shall have the right to use such RIA for his own commercial exploitation with no geographical 
limitation. 

3. Each Party shall ensure that the other Party and its participants shall have the rights to RIA 
allocated to them in accordance with these principles. 

4. While maintaining the conditions of competition in areas affected by this Agreement each 
Party  shall  endeavor  to  ensure  that  rights  acquired  pursuant  to  this  Agreement  and 
arrangements made under it are exercised in such a way as to encourage in particular: 

(i)  the  dissemination  and  use  of  information  created,  disclosed  legally,  or  otherwise  legally 
made available, under the Agreement; 

(ii) the adoption and implementation of international technical standards. 

II. COPYRIGHT WORKS 

Under  this  Agreement,  copyright  belonging  to  the  Parties  or  to  their  participants  shall  be 
accorded  treatment  consistent  with  the  Berne  Convention  for  the  protection  of  literary  and 
artistic work (Paris Act 1971). 

III. SCIENTIFIC LITERARY WORKS 

Without  prejudice  to  section  IV  of  this  Annex,  unless  otherwise  agreed  in  the  TMP, 
publication of results of research shall be made jointly by the Parties or participants to those 

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cooperative  activities.  Subject  to  the  foregoing  general  rule,  the  following  procedures  shall 
apply: 

(a)  in  the  case  of  publication  by  a  Party  or  its  other  participants,  of  scientific  and  technical 
journals,  articles,  reports,  books,  including  video  and  software,  of  the  results  arising  from 
cooperative  activities.  pursuant  to  this  Agreement,  the  other  Party  or  its  other  participants 
shall be entitled to a worldwide, non-exclusive, irrevocable, royalty-free license to translate, 
reproduce, adapt, transmit and publicly distribute such works; 

(b)  the  Parties  shall  ensure  that  literary  works  of  a  scientific  character  arising  from 
cooperative  activities.  Pursuant  to  this  Agreement  and  published  by  independent  publishers 
shall be disseminated as widely as possible; 

(c) all copies of a copyright work to be publicly distributed and prepared under the provisions 
of this Agreement shall indicate the names or pseudonyms of the author(s) of the work unless 
an author or authors expressly declines or decline to be named. The copies shall also bear a 
clearly  visible  acknowledgment  of  the  cooperative  support  of  the  Parties  and/or  their 
representatives and/or organizations. 

IV. UNDISCLOSED INFORMATION 

1. Documentary undisclosed information 

(a) Each Party or its participants, as appropriate, shall identify at the earliest possible moment 
and preferably in the TMP, the information that it wishes to remain undisclosed in relation to 
this Agreement, taking account, inter alia, of the following criteria: 

- secrecy of the information in the sense that the information is not, as a body or in the precise 
configuration or assembly of its components, generally known among or readily accessible by 
lawful means to experts in the field, 

- the actual or potential commercial value of the information by virtue of its secrecy, 

- previous protection of the information in the sense that it has been subject to steps that were 
reasonable under the circumstances by the person lawfully in control, to maintain its secrecy. 

The Parties and their participants may, in certain cases, agree, that, unless otherwise indicated, 
parts  of  or  all  the  information  provided,  exchanged  or  created  in  the  course  of  cooperative 
activities pursuant to the Agreement shall not be disclosed. 

(b) each Party shall ensure that undisclosed information under this Agreement and its ensuing 
privileged nature is readily recognizable as such by the other Party, for example by means of 
an appropriate marking or restrictive legend. This also applies to any reproduction of the said 
information, in whole or in part; 

Party  receiving  undisclosed  information  pursuant  to  this  Agreement  shall  respect  the 
privileged  nature  thereof.  These  limitations  shall  automatically  terminate  when  this 
information is disclosed by the owner without restriction to experts in the field; 

(c) undisclosed information communicated under this Agreement may be disseminated by the 
receiving  Party  to  persons  within  or  employed  by  the  receiving  Party,  and  other  concerned 
departments  or  agencies  in  the  receiving  Party  authorized  for  the  specific  purposes  of  the 

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cooperative activities. under way, provided that any undisclosed information so disseminated 
shall be pursuant to a specific agreement on confidentiality and shall be readily recognizable 
as such, as set out above; 

(d)  with  the  prior  written  consent  of  the  Party  providing  undisclosed  information  under  this 
Agreement,  the  receiving  Party  may  disseminate  such  undisclosed  information  more  widely 
than  otherwise  permitted  in  paragraph  (c).  The  Parties  shall  cooperate  in  developing 
procedures  for  requesting  and  obtaining  prior  written  consent  for  such  wider  dissemination, 
and  each  Party  will  grant  such  approval  to  the  extent  permitted  by  its  domestic  policies, 
regulations and laws. 

2. Non-documentary undisclosed information 

Non-documentary  undisclosed  or  other  confidential  or  privileged  information  provided  in 
seminars and other meetings arranged under this Agreement, or information arising from the 
attachment of staff, use of facilities, or joint projects, shall be treated by the Parties or their 
participants according to the principles specified for documentary information in this Annex, 
provided, however, that the recipient of such undisclosed or other confidential or privileged 
information  has  been  made  aware  of  the  confidential  character  of  the  information 
communicated at the time such communication is made. 

3. Control 

Each  Party  shall  endeavor  to  ensure  that  undisclosed  information  received  by  it  under  this 
Agreement shall be controlled as provided therein. If one of the Parties becomes aware that it 
will  be,  or  may  reasonably  be,  expected  to  become  unable  to  meet  the  non-dissemination 
provisions of paragraphs 1 and 2, it shall immediately inform the other Party. The Parties shall 
thereafter consult to define an appropriate course of action. 

V. Indicative features of a technology management plan (TMP) 

The  TMP  is  a  specific  agreement  to  be  concluded  between  the  participants,  about  the 
implementation  of  cooperative  activities  and  the  respective  rights  and  obligations  of  the 
participants.  With  respect  to  RIA,  the  TMP  will  normally  address,  inter  alia:  ownership, 
protection,  user  rights  for  R  &  D  purposes,  exploitation  and  dissemination,  including 
arrangements  for  joint  publication,  the  rights  and  obligations  of  visiting  researchers  and 
dispute  settlement  procedures.  The  TMP  may  also  address  foreground  and  background 
information, licensing and deliverables. 

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