Source: EURLEX
Language: en
Format: md

No L 120 / 12 PenI Official Journal of the European Communities 20 . 5 . 96

AGREED MINUTE

During the negotiation of the Agreement for Cooperation in the peaceful uses of nuclear energy
between the United States of America and the Community signed today, the following
understandings, which shall be an integral part of the Agreement, were reached .

A. Peaceful purposes

1 . The Parties agree that, with reference to Article 7, ' peaceful purposes ' includes provision of
power for a military base drawn from any power network or production of radioisotopes to be
used for medical purposes in a military hospital .

B. Nuclear fuel cycle activities

2 . Upon entry into force of this Agreement, the Parties shall exchange lists of third countries to
which re-transfers pursuant to Article 8.1(C)(i ) may be made by the other Party . Eligibility for
continued inclusion on such lists shall be based, as a minimum, upon satisfaction of the
following criteria :

— third countries must have made effective non-proliferation commitments, normally by being

party to, and in full respect of their obligations under the Non-proliferation Treaty or the
Treaty of Tlatelolco and by being in compliance with the conditions of INFCIRC 254 / REV

1 / Part 1 ;

— in case of re-transfer of items obligated to the United States from the territory of the

Member States of the Community, third countries must be party to a nuclear cooperation
agreement with the United States .

3 . Should re-transfers pursuant to Article 8.1 ( C)(ii ) and ( iii ) be requested in the future by a
Party, a list of third countries to which such re-transfers may be made, shall be provided by the
other Party . In this connection, the Parties shall take into account the following additional
criteria :

— consistency of the proposed action with the guidelines contained in IAEA document

INFCIRC 225 / REV 3 and with the provisions of IAEA document INFCIRC 274 / REV 1, as
they may be revised and accepted by the Parties and the Member States ;

— the nature and content of the peaceful nuclear programmes of the third country in

question ;

— the potential proliferation and security implications of the transfer for either Party or a

Member State of the Community .

4 . Either Party may add eligible third countries to its lists at any time . Either Party may delete
third countries from its lists following consultations with the other Party . Neither Party shall
delete third countries from its lists for the purpose of obtaining commercial advantage or of
delaying, hampering or hindering the peaceful nuclear programmes of the other Party or its
peaceful nuclear cooperation with third countries . The Parties will cooperate in efforts to obtain
as soon as possible on a generic basis a confirmation from the third countries on the lists that
any re-transferred items will be subject to any agreement for cooperation in force between thie
receiving country and the non-re-transferring Party . The receipt of such confirmation shall not
constitute a precondition for the addition of a third country to the lists .

20 . 5 . 96 EN Official Journal of the European Communities No L 120 / 13

Re-transfers to third countries not included on the lists may be considered on a case-by-case
basis .

5 . The Parties agree that, notwithstanding the provisions of paragraphs 2, 3 and 4, the
provisions set out in the Exchange of Notes dated 18 July 1988 between the Commission of the
European Communities and the United States Mission to the European Communities concerning
the Agreement for Cooperation in the Peaceful Uses of Nuclear Energy between the United
States of America and Japan shall remain in effect as long as this Agreement remains in force .
The Parties confirm that the abovementioned provisions shall apply, inter alia, to plutonium
contained in mixed oxide fuel . The consents granted therein may be suspended only if an event
of the same or greater degree of seriousness as those referred to in paragraph 8 arises which
directly threatens either the re-transfer or the activities involving the re-transferred plutonium in
Japan .

6 . With reference to paragraph 2 of Article 8 of the Agreement and notwithstanding paragraph
6 of Article 14, either Party, acting through its appropriate authorities, may make changes to
the peaceful nuclear programmes it has delineated by notifying the other Party in writing in
accordance with the procedures set forth below and receiving a written acknowledgement .

7 . Such acknowledgement shall be given no later than 30 days after the receipt of the
notification and shall be limited to a statement that the notification has been received . Intended

changes in delineated programmes shall receive the fullest possible consideration during
consultations under the Agreement, which may include an exchange of information and views
on safeguards matters of mutual interest .

( A ) For an addition of a facility within its territorial jurisdiction to the peaceful nuclear

programme delineated by the Community, the notification shall contain :

( i ) the name, type and location of the facility and its existing or planned capacity ;

( ii ) a confirmation that the Euratom Safeguards Regulation 3227 / 76, as amended, is fully
applied ;

( iii ) for a facility to be under IAEA safeguards inspections pursuant to a safeguards

agreement referred to in paragraph 1(a ), ( b ) or ( c ) of Article 6, a confirmation that
relevant safeguards arrangements have been agreed upon with the IAEA and that
those arrangements will permit the IAEA to exercise fully its rights pursuant to the
aforementioned safeguards agreements, in the light of how these agreements are
implemented during the life of this Agreement and so as to enable the IAEA to meet
its objectives and inspection goal ;

( iv ) such non-confidential information as is available to the Community on the IAEA

safeguards approach and non-confidential information on Euratom safeguards relevant
to the facility ;

( v ) a confirmation that physical protection measures as required by Article 11 of this
Agreement will be applied .

( B ) For an addition of a facility within its territorial jurisdiction to the delineated peaceful
nuclear programme of the United States, the notification shall contain :

( i ) the name, type and location of the facility and its existing or planned capacity ;

( ii ) for facilities licensed or certified by the United States Nuclear Regulatory Commission,
a confirmation that the Fundamental Nuclear Material Control Plan,

No L 120 / 14 | En1 Official Journal of the European Communities 20 . 5 . 96

describing how the requirements of the US Code of Federal Regulations, Title 10, Part
74, as amended, will be met, has been approved for the facility ; for United States
Department of Energy civil facilities, a confirmation that the facility is in compliance
with the requirements of the Department of Energy Order 5633 . 3B, ' Control and
Accountability of Nuclear Materials ' and associated guides, as amended ;

( iii ) for a facility to be under IAEA safeguards inspections pursuant to the safeguards

agreement referred to in paragraph 1(d ) of Article 6, a confirmation that the relevant
safeguards arrangements have been agreed upon with the IAEA and that those
arrangements will permit the IAEA to exercise fully its rights pursuant to the
aforementioned safeguards agreement, in the light of how this agreement is
implemented during the life of this Agreement and so as to enable the IAEA to meet
its objectives and inspection goal ;

( iv ) information on the basic features contained in the fundamental Nuclear Material

Control Plan or the compliance with the Department of Energy Order referred to
above, and such non-confidential information as is available to the United States on
the IAEA safeguards approach ; and

( v ) a confirmation that physical protection measures as required by Article 11 of this
Agreement will be applied .

( C ) Either Party may delete a facility from the peaceful nuclear programme it has delineated, by

providing to the other Party a notification containing the facility name and other relevant
information available .

8 . A. The activities referred to in paragraph 2 of Article 8 of this Agreement may proceed as
long as those provisions continue in effect with respect to the peaceful nuclear
programme delineated by a Party, unless the other Party considers, pursuant to the
procedures set out below, that these activities should be suspended on the basis of
objective evidence that their continuation would entail a serious threat to the security of
either Party or of a Member State of the Community, or a significant increase in the
risk of nuclear proliferation, resulting from a situation of the same or greater degree of
seriousness as the following :

( a ) With regard to the Community :

( i ) a non-nuclear-weapon Member State of the Community detonates a nuclear
weapon or any other nuclear explosive device ;

( ii ) a nuclear-weapon Member State of the Community detonates a nuclear
weapon or any other nuclear explosive device using any item subject to this
Agreement ;

( iii ) a . Member State of the Community or the Community, as relevant, materially,

violates, terminates, or declares itself not to be bound by, the Non-Proliferation
Treaty or the relevant safeguards agreements referred to in Article 6.1 or the
Guidelines applicable to the transfers of nuclear items laid down in document
INFCIRC 254 / REV 1 / Part 1, as it may be revised and accepted by the
Parties ;

( iv ) a Member State of the Community re-transfers an item subject to this

Agreement to a non-nuclear-weapon State which has not concluded a
full-scope safeguards Agreement with the IAEA ;

( v ) a Member State of the Community is subjected to measures taken by the Board
of Governors of the IAEA, pursuant to Article 19 of the relevant safeguards
Agreement referred to in Article 6.1(a ), ( b ) or ( c );

20 . 5 . 96 EN Official Journal of the European Communities No L 120 / 15

( vi ) acts of war or serious internal disturbances preventing the maintenance of law

and order, or serious international tension constituting a threat of war, that
threaten severely and directly the safeguarding or physical protection of such
activities .

( b ) With regard to the United States :

( i ) the United States detonates a nuclear weapon or any other nuclear explosive
device using any item subject to this Agreement ;

( ii ) the United States materially violates, terminates or declares itself not to be
bound by, the Non-Proliferation Treaty or the relevant safeguards agreement
referred to in Article 6.1.(d ) or the guidelines applicable to the transfers of
nuclear items laid down in document INFCIRC 254 / REV 1 / Part 1, as it may be
revised and accepted by the Parties ;

( iii ) the United States retransfers an item subject to this Agreement to a
non-nuclear-weapon State which has not concluded a full-scope safeguards
agreement with the IAEA ;

( iv ) the United States is subjected to measures taken by the Board of Governors of

the IAEA, pursuant to Article 18 of the safeguards Agreement referred in
Article 6.1(d );

( v ) acts of war or serious internal disturbances preventing the maintenance of law
and order or serious international tension constituting a threat of war, that
threaten severely and directly the safeguarding or physical protection of such
activities .

B. The Party considering that such objective evidence may exist, shall consult with the
other Party, at Cabinet level for the United States and at European Commission level
for the Community, before reaching any decision .

C. Any such decision that such objective evidence does exist, and that activities referred to
in paragraph 2 of Article 8 should therefore be suspended, shall be taken only by the
President of the United States or by the Council of the European Union, as the case
may be, and shall be notified in writing to the other Party .

D. Any decision taken by a Party pursuant to this paragraph shall apply to the activities of
the other Party referred to in Article 8, paragraph 2 of this Agreement, taken as a
whole .

E. The Parties confirm that, as of the time of entry into force of this Agreement, there
exists no objective evidence of any of the threats referred to above and that they do not
foresee any such threats developing in the future .

9 . Actions of governments of third countries or events beyond the territorial jurisdiction of
either Party shall not be used as a basis for invoking the provisions of paragraph 8 with respect
to activities or facility operations within that Party 's territorial jurisdiction unless, due to such
actions or events, those activities or facility operations would clearly result in a significant
increase in the risk of nuclear proliferation or in a serious threat to the security of the Party
invoking the provisions of paragraph 8 .

10 . The Party invoking the provisions of paragraph 8 shall keep under constant review the
development of the situation which prompted the decision and shall withdraw its invocation as
soon as warranted .

11 . The provisions of paragraph 8 shall not be invoked due to differences over the nature of
the Parties ' peaceful nuclear programmes or fuel cycle choices, or for the purpose of obtaining

No L 120 / 16 EN Official Journal of the European Communities 20 . 5 . 96

commercial advantage, or of delaying, hampering or hindering the peaceful nuclear programmes
or activities of the other Party, or its peaceful nuclear cooperation with third countries .

12 . Any decision to invoke the provisions of paragraph 8 shall only be taken in the most
extreme circumstances of exceptional concern from a non-proliferation or security point of view
and shall be applied for the minimum period of time necessary to deal in a manner acceptable
to the Parties with the exceptional case .

13 . Should the activities agreed upon in paragraph 2 of Article 8 of the Agreement be
suspended, as provided in paragraph 8, quantities of nuclear material equivalent to the
inventory described in Article 20.1 shall, at the option of the Party against which the suspension
is applied, be regarded during such suspension as subject to this Agreement but only to the
extent covered by the agreements referred to in Article 19 .

C. Proportionality

14 . For the purpose of implementing the provisions of Article 8 and paragraphs 2-5 of Article
13 with respect to special fissionable material produced through the use of nuclear material
and / or non-nuclear material transferred pursuant to the Agreement, when such nuclear material
and / or non-nuclear material is used in equipment not so transferred, such provisions shall be
applied to that proportion of special fissionable material produced that represents the ratio of
transferred nuclear material and / or non-nuclear material used in the production of the special
fissionable material to the total amount of nuclear material and / or non-nuclear material so

used .

D. Resulting obligations

15 . The obligations arising out of Articles 6, 7 and 11 in relation to special fissionable material
produced through the use of nuclear material subject to the Agreement in equipment not
transferred under the Agreement may be satisfied without specific tracking of that special
fissionable material . When such special fissionable material is subsequently used in equipment
not so transferred, that equipment shall, during such use, be operated for peaceful applications
only .

E. Suspension and termination

16 . Both sides regard it as extremely unlikely that actions would be taken by the Community,
its Member States or the United States of America which would cause the other Party to invoke
the rights specified in Article 13 . Nonetheless this Article reflects the firm conviction of both
Parties that they would view with the utmost concern acts constituting a material violation or
breach of non-proliferation commitments by any country and that appropriate actions such as
those provided for in Article 13 would be taken by the Community, its Member States or the
United States of America in response to any material violation of non-proliferation
commitments .

17 . No violation may be considered as being material unless corresponding to the definition of
material violation or breach contained in the Vienna Convention on the Law of Treaties .

18 . Additionally, a determination as to whether there has been a material violation of the
fundamental safeguards commitments contained in the safeguards Agreements referred to in
Article 6.1 or in such other agreement as may amend or replace them, would only be made by
the President of the United States of America or the Council of the European Union, as relevant .
In making such a determination, a crucial factor will be whether the Board of Governors of the
Agency has made a finding of non-compliance .

20 . 5 . 96 | EN I Official Journal of the European Communities No L 120 / 17

Done at Brussels this seventh day of November 1995, in duplicate, in the English language,

Udfærdiget i Bruxelles, den 7 . november 1995, i to eksemplarer på engelsk,

Gedaan te Brussel op 7 november 1995, in tweevoud, in de Engelse taal,

Tehty Brysselissä 7 päivänä marraskuuta 1995 kahtena samanlaisena kappaleena englannin
kielellä,

Fait à Bruxelles, le 7 novembre 1995, en deux exemplaires, en langue anglaise,

Geschehen zu Brüssel am 7 . November 1995 in zwei Urschriften in englischer Sprache,

Έγινε στις Βρυξελλες, στις 7 Νοέμβριου 1995, εις διπλούν, στα αγγλικά,

Fatto a Bruxelles, addì 7 novembre 1995, in duplice copia, in lingua inglese,

Feito em Bruxelas em sete de Novembro de mil novecentos e noventa e cinco, em duplo
exemplar, em língua inglesa,

Hecho en Bruselas, el 7 de noviembre de 1995, en doble ejemplar en lengua inglesa,

Utfärdat i Bryssel den 7 november 1995 på engelska i två likalydande exemplar,

No L 120 / 18 EN Official Journal of the European Communities 20 . 5 . 96

For the European Atomic Energy Community

For det Europæiske Atomenergifællesskab

Voor de Europese Gemeenschap voor Atoomenergie

Euroopan atomienergiayhteisön puolesta

Pour la Communauté européenne de l'énergie atomique

Für die Europäische Atomgemeinschaft

Για την Ευρωπαϊκή Κοινότητα Ατομικής Ενεργείας

Per la Comunità europea dell'energia atomica

Pela Comunidade Europeia da Energia Atómica

Por la Comunidad Europea de la Energía Atómica

På Europeiska Atomenergigemenskapens vägnar

Sir Leon BRITTAN Christos PAPOUTSIS

Vice-President of the Commission

of the European Communities

For the United States of America

For Amerikas Forenede Stater

Voor de Verenigde Staten van Amerika

Amerikan yhdysvaltojen puolesta

Pour les Etas-Unis d'Amerique

Für die Vereinigten Staaten von Amerika

Για τις Ηνωμενες Πολιτείες της Αμερικής

Per gli Stati Uniti d'America

Pelos Estados Unidos da América

Por los Estados Unidos de América

Pa Förenta staternas vägnar

Ambassador Stuart E. EIZENSTAT

Member of the Commission

of the European Communities

20 . 5 . 96 rENl Official Journal of the European Communities No L 120 / 19

and at Brussels this . . . day of . . . 1995 ( ), in duplicate, in the Danish, Dutch, Finnish, French,
German, Greek, Italian, Portuguese, Spanish and Swedish languages, all eleven languages being
equally authentic .

og i Bruxelles, den . . . 1995 ( ), i to eksemplarer, på dansk, tysk, spansk, fransk, græsk,
italiensk, nederlandsk, portugisisk, svensk og finsk idet alle elleve sprog er lige autentiske .

en te Brussel op . . . 1995 ( ), in tweevoud, in de Deense, de Duitse, de Finse, de Franse, de
Griekse, de Italiaanse, de Nederlandse, de Portugese, de Spaanse en de Zweedse taal, zijnde alle
elf teksten gelijkelijk authentiek .

ja Brysselissä . . . päivänä . . . kuuta 1995 ( ), kahtena samanlaisena kappaleena tanskan,
hollannin, suomen, ranskan, saksan, kreikan, italian, portugalin, espanjan ja ruotsin kielellä
kaikkien yhdentoista kielen ollessa todistusvoimaisia,

et à Bruxelles, le . . . 1995 { ), en deux exemplaires, en langues allemande, danoise, espagnole,
finnoise, française, grecque, italienne, néerlandaise, portugaise et suédoise, ces onze langues
faisant toutes également foi,

und zu Brüssel am . . . 1995 ( ) in zwei Urschriften in dänischer, deutscher, finnischer,
französischer, griechischer, italienischer, niederländischer, portugiesischer, spanischer und
schwedischer Sprache, wobei jeder Wortlaut gleichermaßen verbindlich ist .

και στις Βρυξελλες, στις ... 1995 ( ), εις διπλούν, στα δανικά, ολλανδικά, φινλανδικά, γαλλικά,
γερμανικά, ελληνικά, ιταλικά, πορτογαλικά, ισπανικά και σουηδικά, και οι ένδεκα
γλώσσες είναι εξίσου αυθεντικές .

e a Bruxelles, addì . . . 1995 { ), in duplice copia, nelle lingue danese, olandese, finnico, francese,
tedesco, greco, italiano, portoghese, spagnolo, svedese, gli undici testi facenti ugualmente fede .

e em Bruxelas, em ... de ... de 1995 ( ), em duplo exemplar, em línguas alemã, dinamarquesa,
espanhola, finlandesa, francesa, grega, italiana, neerlandesa, portuguesa e sueca, fazendo fé
todas as onze versões linguísticas .

y en Bruselas, el ... de ... de 1995 ( ), en doble ejemplar en lenguas alemana, danesa, española,
finesa, francesa, griega, italiana, neerlandesa, portuguesa y sueca, siendo los once textos
igualmente auténticos .

och i Bryssel den . . . 1995 ( ) i två likalydande exemplar på danska, finska, franska, grekiska,
italienska, nederländska, portugisiska, spanska, svenska och tyska språken vilka alla är lika
giltiga .

( ) 29 . 3 . 1996 .

No L 120 / 20 IEN Official Journal of the European Communities 20 . 5 . 96

For the European Atomic Energy Community

For det Europæiske Atomenergifællesskab

Voor de Europese Gemeenschap voor Atoomenergie

Euroopan atomienergiayhteisön puolesta

Pour la Communauté européenne de l'énergie atomique

Für die Europäische Atomgemeinschaft

Για την Ευρωπαϊκή Κοινότητα Ατομικής Ενεργείας

Per la Comunità europea dell'energia atomica

Pela Comunidade Europeia da Energia Atómica

Por la Comunidad Europea de la Energía Atómica

På Europeiska Atomenergiegemenskapens vägnar

Sir Leon BRITTAN

Vice-President of the Commission

of the European Communities

For the United States of America

For Amerikas Forenede Stater

Voor de Verenigde Staten van Amerika

Amerikan yhdysvaltojen puolesta

Pour les États-Unis d'Amérique

Für die Vereinigten Staaten von Amerika

Για τις Ηνωμένες Πολιτείες της Αμερικής

Per gli Stati Uniti d'America

Pelos Estados Unidos da América

Por los Estados Unidos de América

Pa Förenta staternas vägnar

Ambassador Stuart E. EIZENSTAT

Head of the Mission of the United States of America

to the European Communities

Christos PAPOUTSIS

Member of the Commission

of the European Communities

20 . 5 . 96 EN Official Journal of the European Communities No L 120 / 21

ANNEX A

( Article 8 )

EURATOM DELINEATED PEACEFUL NUCLEAR PROGRAMME

Reprocessing facilities

Capacity (')

Cogema — Établissement de La Hague La Hague France 1 600

Cogema — Usine UP - 1 and
CEA service de l' atelier pilote

Marcoule France 400

British Nuclear Fuels pic Sellafield United
Kingdom

UKAEA Government Division Dounreay United
Kingdom

(') Capacity is expressed in tonnes of heavy metal per year .

( 2 ) = MOX fuel .

( 3 ) = HEU fuel .

Alteration in form or content facilities

2 700

ca 5 ( 2 )

ca 0,2 ( 3 )

Capacity ( 1 )

Belgonucleaire — Usine de fabrication d' éléments PU Dessel Belgium 35

FBFC International —

Assemblage des combustibles MOX

Siemens Brennelementewerk —

Betriebsteil MOX-Verarbeitung

Dessel Belgium 35

Hanau Germany 160

CERCA / Établissement de Romans Romans 
sur-Isère

France 0,2

Société industrielle de combustible nucléaire Veurey France 0,05

Cogema — Complexe de fabrication des combustibles Cadarache France 30

Établissement MELOX Marcoule France 115

British Nuclear Fuels pic Sellafield United
Kingdom

UKAEA Government Division Dounreay United
Kingdom

(') Capacity is expressed in tonnes of heavy metal per year .

( 2 ) = Pu residues .

128

ca 1 ( HEU )

ca 1 ( 2 )

No L 120 / 22 PEN ] Official Journal of the European Communities 20 . 5 . 96

UNITED STATES DELINEATED PEACEFUL NUCLEAR PROGRAMME

I. Facilites for reprocessing or alteration in form or content of plutonium, uranium-233 and high enriched
uranium in an aggregate quantity exceeding one ( 1 ) effective kilogram .

A. REPROCESSING FACILITIES

None

B. FACILITES FOR ALTERATION IN FORM OR CONTENT

1 . Conversion plants

Name and location Type Licensed capacity

Nuclear Fuel Services Uranium downblending 7 000 kg U-235
PO Box 337, MS 123
Erwin, TN 37650

Radiochemistry Conversion Less than 1 000 kg of HEU and
Processing Pilot Plant more than 100 kg of U-233
Oak Ridge National Lab
PO Box X,
Oak Ridge, TN 37830 l

2 . Fuel fabrication and processing plants

Name and location Type Licensed capacity

General Atomics Fuel fabrication for TRIGA         - 20 % enriched U, 100 kg
PO Box 81608 research reactors U-235 .

San Diego, CA 92138

II . Facilities for reprocessing or alteration in form or content of plutonium, uranium-233 and high enriched

uranium in an aggregate quantity not to exceed one one ( 1 ) effective kilogram do not require
specification .

20 . 5 . 96 EN Official Journal of the European Communities No L 120 / 23

ANNEX B

INTELLECTUAL PROPERTY RIGHTS

Pursuant to Article 17 of this Agreement, rights to intellectual property created or furnished under this
Agreement shall be allocated as provided in this Annex .

I. Application

This Annex is applicable to all cooperative activities undertaken pursuant to this Agreement, except as
otherwise specifically agreed .

II . Ownership, Allocation and Exercise of Rights

1 . For purposes of this Agreement ' Intellectual property ' shall have the meaning found in Article 2 of
the Convention establishing the World Intellectual Property Organization, done at Stockholm, 14
July 1967 .

2 . This Annex addresses the allocation of rights, interests and royalties between the Parties and

participants . Each Party shall ensure that the other Party may obtain the rights to intellectual
property allocated to it in accordance with this Annex . This Annex does not otherwise alter or
prejudice the allocation between a Party and its nationals, which shall be determined by that Party 's
laws and practices .

3 . Termination or expiry of this Agreement shall not affect rights or obligations under this Annex .

4 . ( a ) In the case of cooperative activities between the Parties, intellectual property arising from joint

research, i . e ., cooperative research supported by both Parties, shall be treated in a Technology
Management Plan according to the following principles :

( i ) The Parties shall notify each other within a reasonable time of any intellectual property
rights arising under this Agreement ( or relevant implementing arrangements ).

( ii ) Unless otherwise agreed, rights and interests in intellectual property created during joint
research shall be exploitable by either Party without territorial restriction .

( iii ) Each Party shall seek protection for the intellectual property to which it obtains rights and

interests under the Technology Management Plan in a timely fashion .

( iv ) Each Party shall have a non-exclusive, irrevocable, royalty-free licence to use any

intellectual property arising under the Agreement for research and development purposes
only .

( v ) Visiting researchers shall receive intellectual property rights and royalty shares earned by
the host institutions from licensing of such intellectual property rights under the policies of
the host institutions .

( b ) In all other cases, to the extent required by its laws and regulations, each Party shall require all

its participants to enter into specific agreements concerning the implementation of joint research
and the respective rights and obligations of the participants . With respect to intellectual
property, the agreement will normally address, among other things, ownership, protection, user
rights for research and development purposes, exploitation and dissemination, including
arrangements for joint publication, the rights and obligations of visiting researchers and dispute
settlement procedures . The agreement may also address foreground and background
information, licensing and deliverables .

5 . While maintaining the conditions of competition in areas affected by the Agreement, each Party

shall endeavour to ensure that rights acquired pursuant to this Agreement and arrangements made

No L 120 / 24 EN Official Journal of the European Communities 20 . 5 . 96

under it are exercised in such a way as to encourage, in particular ( i ) the use of information
created, or otherwise made available, under the Agreement and its dissemination in so far as this is
in accordance both with the conditions set out in this Agreement, the provisions of section IV
hereof and any rules which may be in force under the Parties ' domestic laws governing treatment of
sensitive or confidential information in the nuclear field, and ( ii ) the adoption and implementation
of international standards .

III . Copyright works

Consistent with the terms of this Agreement, copyright belonging to the Parties or to participants shall
be accorded treatment consistent with the Agreement on Trade Related Aspects of Intellectual Property
Rights administered by the World Trade Organization .

IV . Scientific Literary Works

Subject to the treatment provided for undisclosed information in section V, the following procedures
shall apply :

1 . Each Party shall be entitled to a non-exclusive, irrevocable, royalty-free licence in all countries to

translate, reproduce and publicly distribute information contained in scientific and technical
journals, articles, reports, books, or other media, directly arising from joint research pursuant to
this Agreement by or on behalf of the Parties .

2 . All publicly distributed copies of a copyrighted work prepared under this provision shall indicate
the names of the authors of the work unless an author explicitly declines to be names . They shall
also bear a clearly visible acknowledgment of the cooperative support of the Parties .

V. Undisclosed Information

A. Documentary undisclosed information

1 . Each Party and the participants shall identify at the earliest possible moment the information
that they wish to remain undisclosed in relation to this Agreement, taking account, inter alia,
of the following criteria :

— the information is secret in the sense that it is not, as a body or in the precise configuration

or assembly of its components, generally known or readily accessible by lawful means ;

— the information has actual or potential commercial value by virtue of its secrecy ;

— the information has been subject to steps that were reasonable under the circumstances by

the person lawfully in control, to maintain its secrecy .

The Parties or the participants may in certain cases agree that, unless otherwise indicated, parts
or all of the information provided, exchanged or created in the course of joint research
pursuant to this Agreement may not be disclosed .

2 . Each Party or participant shall ensure that undisclosed information under the Agreement and
its ensuant privileged nature is readily recognizable as such by the other Party or participant,
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 .

A Party or participant receiving undisclosed information pursuant to such agreement shall
respect the privileged nature thereof . These limitations shall automatically terminate when this
information is disclosed by the owner without restriction .

3 . Undisclosed information communicated under this Agreement may be disseminated by the
receiving Party or participant to persons employed by the receiving Party or participant
including its contractors, and other concerned departments of the Party or participant
authorized for the specific purposes of the joint research under way, provided that any
undisclosed information so disseminated shall be protected to the extent provided by each
Party 's laws and regulations and shall be readily recognizable as such, as set out above .

20 . 5 . 96 EN Official Journal of the European Communities No L 120 / 25

B. Non-documentary undisclosed information

Non-documentary undisclosed or other confidential or privileged information provided in
seminars and other meetings arranged under the Agreement, or information arising from the
attachment of staff, use of facilities, or joint projects, will be treated by the Parties or their
designees according to the principles specified for documentary information in the Agreement,
provided, however, that the recipient of such undisclosed or other confidential or privileged
information has been made aware in writing of the confidential character of the information
communicated not later than the time such a communication is made .

C. Control

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

VI . Dispute Settlement and New Types and Unforeseen Intellectual Property

1 . Disputes between the Parties concerning intellectual property shall be resolved in accordance with
Article 12 of this Agreement .

2 . In the event either Party or a participant concludes that a new type of intellectual property not

covered in a TMP or agreement between participants may result from a cooperative activity
undertaken pursuant to this Agreement, or if other unforeseen difficulties arise, the Parties shall
enter into immediate discussions with the object of assuring that the protection, exploitation and
dissemination of the intellectual property in question are adequately provided for in their respective
territories .