CELEX: 51996PC0572
Language: en
Date: 1996-11-12
Title: Proposal for a COUNCIL DECISION approving the conclusion by the Commission of a cooperation agreement between the European Atomic Energy Community and the Republic of Kazakstan in the field of nuclear safety

COMMISSION OF THE EUROPEAN COMMUNITIES
                                               Brussels, 12.11.1996
                                               COM(%) 572 final
                                Proposal for a
                           COUNCIL DECISION
approving the Conclusion by the Commission of a cooperation agreement between the
European Atomic Energy Community and the Republic of Kazakstan in the field of
                                  nuclear safety
                       (presented by the Commission)
 ---pagebreak---  ---pagebreak---                            EXPLANATORY MEMORANDUM
1. By Decision of 17 June 1991 the Council authorised the Commission to negotiate an
agreement for cooperation with the Soviet Union on nuclear safety. Following the
dissolution of the Soviet Union negotiations continued at first solely with the Russian
Federation. By decision of 22 December 1994 the Council authorised the Commission to
conclude a cooperation agreement on nuclear safety with the Russian Federation.
2. The Community considered it appropriate to complement the negotiation of the nuclear
safety agreement with Russia with similar agreements with other successor States of the
Soviet Union. Accordingly by Decision of 9 June 1995 the Council issued Directives to
the Commission for the negotiation inter alia of a bilateral agreement for cooperation with
Kazakstan on nuclear safety.
3. In subsequent negotiations with Kazakstan an understanding was reached on a text
equivalent in scope and content to the one negotiated with the Russian Federation. The
text is in full accordance with the Council's directives.
4. On the basis of mutual benefit, the aim of the agreement would be to contribute to the
improvement of nuclear safety in the areas of reactor safety research, radiation protection,
nuclear waste management, decommissioning, decontamination and dismantling of nuclear
installations and R&D on safeguards of nuclear material.
5. Kazakstan has acceded to the NPT (Treaty on the Non-Proliferation of Nuclear
Weapons) and has signed a full scope safeguards agreement with the IAEA that is in
effect.
6. The Commission therefore proposes that the Council adopts the annexed decision
which approves the conclusion of the above mentioned agreement for cooperation
between EURATOM and Kazakstan in the field of nuclear safety.
 ---pagebreak---                                         Proposal for a
                                   COUNCIL DECISION
   approving the conclusion by the Commission of a cooperation agreement between the
    European Atomic Energy Community and the Republic of Kazakstan in the field of
                                        nuclear safety
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Atomic Energy Community, and in
particular Article 101 (2) thereof,
Having regard to the Agreement on Partnership and Cooperation signed on 23 January
1995 by the European Union and Kazakstan expressing the desire to establish a close
cooperation inter alia in the area of nuclear safety.
Having regard to the Council's decision of 09 June 1995 issuing directives to the
Commission for the negotiation of a bilateral agreement for cooperation between the
European Atomic Energy Community and Kazakstan on nuclear safety,
Whereas the agreement set out in the annex to this Decision is in accordance with the
negotiating directives referred to above and achieves a balance which corresponds to the
concept of mutual benefit,
HAS DECIDED AS FOLLOWS:
                                          Sole Article
The conclusion by the Commission of a cooperation agreement between the European
Atomic Energy Community and the Republic of Kasakstan in the field of nuclear safety is
hereby approved.
Done at Brussels,                                                          For the Council
                                                                          The President
 ---pagebreak---                          AGREEMENT FOR CQ-QPERATIQN
       BETWEEN THE EUROPEAN ATOMIC ENERGY COMMUNITY AND
    THE REPUBLIC OF KAZAKSTAN IN THE HELD OE NUCLEAR SAFETY
The European Atomic Energy Community, hereinafter referred to as "the
Community"; of the one part, and the Republic of Kazakstan, hereinafter referred to
as "Kazakstan", of the other part, both also generally referred to hereinafter as the
"Party" or "Parties", as appropriate,
RECALLING that an Agreement on Partnership and Cooperation was signed on 23
January 1995 by the European Union and Kazakstan;
RECALLING that the Commission of the European Communities, hereinafter referred
to as "the Commission", has responsibilities, inter alia, for laying down basic
standards for radiation protection, and for ensuring their implementation, and for
collecting and monitoring radiation data at Community level;
RECALLING that the Commission is charged with implementing Commumty action to
protect the environment and with co-operating in this connection with third parties;
CONSIDERING that the Commission implements a Community research programme
in nuclear safety, including reactor safety, radiation protection, waste management and
nuclear plant decommissioning and dismantling, as well as in safeguards for nuclear
materials, and intends to develop scientific and technological co-operation with third
countries on these subjects with a view to contributing towards internationally accepted
nuclear safety principles and guidelines;
CONSIDERING that Kazakstan operates a nuclear power plant and three powerful
research reactors which could be used as a apart of a research and development
programme to increase the safety of nuclear power plants;
CONSIDERING that large areas of Kazakstan have been contaminated by radioactive
fall-out and a significant remediation effort will be required in these areas;
 ---pagebreak--- RECALLING that Kazakstan1 s regulatory activity for the nuclear sector is intended to
ensure the protection of the environment and population in general, as well as the
protection of workers, against radiation on the basis of internationally accepted
guidelines and principles;
RECOGNIZING that the future contribution of nuclear energy to meet the energy
needs of Kazakstan and of Europe as a whole, with due consideration for
diversification, the economy and the environment, also depends on developing
satisfactory answers to the safety related issues aforementioned;
MINDFUL of the various forms of co-ordinated action on nuclear safety envisaged by
the Community and Kazakstan,
HAVE AGREED AS FOLLOWS:
                                         Article 1
Co-operation under this Agreement shall, on the basis of mutual benefit, contribute to
the improvement of nuclear safety, including the definition and application of
scientifically warranted and internationally accepted nuclear safety guidelines.
                                         Arlkk_2
The Parties will endeavour to promote co-operation in the following areas:
(a) Reactor safety research
     Review and analysis of safety issues; identification of appropriate techniques to
     improve reactor safety including through research and development and evaluation
     studies on nuclear reactors in operation and planned.
 (b) Radiation protection
     Research, regulatory aspects, development of safety standards, public information,
     training and education, particular attention shall be paid to low-dose effects,
     industrial exposures and post-accident management.
 (c) Nuclear waste management
     Managment of radioactive wastes including remediation of contaminated areas
     managment and disposal of long-lived radioactive wastes.
 (d) Decommissioning, decontamination and dismantling of nuclear installations
      Strategies for decommissioning and dismantling nuclear installations, including
      radiological aspects.
 ---pagebreak--- (e) Research and development on safeguards of nuclear material
     Development and evaluation of nuclear material measurement techniques and
     characterization of reference materials for safeguards activities and development of
     the systems of accounting for and control of nuclear materials.
(f) Prevention of illicit trafficking of nuclear material
     Cooperation shall relate to the promotion of methods and techniques of control of
     nuclear material.
                                               Article 3
1. Co-operation shall be implemented in particular through:
    - exchange of technical information by means of reports, visits, seminars, technical
       meetings, etc.;
    - exchange of personnel between laboratories and/or bodies involved on both sides,
       including for training purposes;
    - exchange of samples, materials, instruments and apparatus for experimental
       purposes;
    - balanced participation in joint studies and activities.
2. To the extent necessary, implementing arrangements to set out the scope, terms and
conditions to implement specific co-operation activities, may be entered into by the
Parties and/or by bodies which either Party may eventually entrust with the
aforementioned activities.
Such implementing arrangements may, inter alia, cover financing provisions,
assignment of management responsibilities and detailed provisions on dissemination of
information and intellectual property rights.
 3. In order to minimize duplication of efforts, the Parties shall coordinate their
 activities under this Agreement with other international activities related to nuclear
 safety in which they are participants.
 ---pagebreak---                                           Article 4
1. Each Party's obligations under this Agreement shall be subject to the availability of
the required funds.
2. All costs resulting from co-operation shall be borne by the Party that incurs them.
3. The financing of industrial activities shall be excluded from the scope of this
Agreement.
                                          AtticleJ)
 1. In so far as the Community is concerned, this Agreement shall apply to the
territories in which the Treaty establishing the European Atomic Energy Community
applies.
2. Co-operation under this Agreement shall be in accordance with the laws and
regulations in force.
3. Each Party shall use its best endeavours, within the framework of the laws and
regulations applicable, to facilitate the accomplishment of formalities involved in the
movement of persons, the transfer of materials and equipment and the transfer of
currency required to conduct the co-operation.
4. Compensation for damages incurred during the implementation of this Agreement
 shall be in accordance with the laws and regulations applicable.
                                          Attkte_£
 Treatment of information, industrial property and copyright connected with the
 co-operation activities under this Agreement shall be in accordance with the Annexes,
 which form an integral part of this Agreement.
                                          Article 7
 Subject to the laws and regulations applicable, the Parties shall endeavour to settle all
 questions connected with this Agreement through consultations between themselves.
                                          Anicje_&
  1. A Co-ordinating Committee consisting of members appointed in equal number by
 the two Parties shall be established to supervise the implementation of this Agreement.
 2. The Co-ordinating Committee shall meet each year, alternately in the Community
 and in Kazakstan, for regular sessions in order to:
  - review and assess the state of co-operation under this Agreement and prepare annual
    reports thereon;
 ---pagebreak--- -determine by mutual agreement the specific tasks to be undertaken under this
  Agreement, without prejudice to the taking of autonomous decisions by the Parties on
  their respective programmes.
3. If mutually agreeable, extraordinary sessions may be held for dealing with
particular topics, or in particular circumstances.
                                          AtiicIeJ?
1. This Agreement shall enter into force on the date which the Parties, by an exchange
of diplomatic notes, specify for its entry into force and shall remain in force for an
initial period of 10 years.
2. Thereafter, this Agreement shall be automatically renewed for five-year periods,
unless either Party, by written notice, requests its termination or renegotiation not later
than six months prior to the expiry date.
3. In the event of termination or renegotiation, this Agreement shall remain in force in
its previous form with respect to co-operation activities effectively entered into prior
to the request for termination or renegotiation until the end of such activities and
relative implementing arrangements or for one calendar year after the expiry of this
Agreement in its previous form, whichever is the earlier.
4. Termination of this Agreement shall not affect rights and obligations under Article
6.
                                         Article 10
This Agreement shall be drawn up in duplicate in the Danish, Dutch, English, Finnish,
French, German, Greek, Italian, Portuguese, Russian, Spanish, Swedish languages,
each text being equally authentic.
Done at                 on
For the European Atomic                                      For the Government of the
Energy Commumty                                              Republic of Kazakstan
 ---pagebreak---                                                                                 ANNEX I
                 GUIDING PRINCIPLES ON THE ALLOCATION OF
           INTELLECTUAL PROPERTY RIGHTS ( ï RESULTING FROM
                              JOINT RESEARCH UNDER
                       THE AGREEMENT FOR CO-OPERATION
                  IN THE PEACEFUL USES OF NUCLEAR ENERGY
I. OWNERSHIP. ALLOCATION AND EXERCISE OF RIGHTS
1. All research carried out pursuant to this Agreement shall be "joint research". The
participants shall jointly develop joint technology management plans (TMPs) ( ) in
respect of the ownership and use, including publication, of information and Intellectual
Property (IP) to be created in the course of joint research. Those plans shall be
approved by the Parties before the conclusion of any specific R&D co-operation
contracts to which they refer. The TMPs shall be developed taking into account the
aims of the joint research, the relative contributions of the participants, the advantages
and disadvantages of licensing by territory or for fields 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 in
respect of IP shall also be addressed in the joint technology management plans.
2. Information or IP created in the course of joint research and not addressed in the
technology management plan shall be allocated, with the approval of the Parties,
according to the principles set out in the technology management plan. In case of
disagreement, such information or IP shall be owned jointly by all the participants
involved in the joint research from which the information or IP results. Each
participant to whom this provision applies shall have the right to use such information
or IP for his own commercial exploitation with no geographical limitation.
3. Each Party shall ensure that the other Party and its participants may have the rights
to IP allocated to them in accordance with these principles.
4. 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
are exercised in such a way as to encourage in particular:
(i) the dissemination and use of information created, disclosed, or otherwise made
     available, under the Agreement;
(ii) the adoption and implementation of international standards.
 ( )             Definitions of the concepts referred to in these guiding
         principles are set out in Annex II.
  **
 ( )                The indicative features of such TMPs are set out in
        Annex III.
                                                                                          9
 ---pagebreak--- IL COPYRIGHT WORKS
   Copyright belonging to the Parties or to their participants shall be accorded
   treatment consistent with the Berne Convention (1971 Paris Act).
m. SCIENTIFIC LITERARY WORKS
   Without prejudice to Section IV, unless otherwise agreed in the TMP, publication
   of results of research shall be made jointly by the Parties or participants to that
   joint research. Subject to the foregoing general rule, the following procedures shall
   apply:
    1. In the case of publication by a Party or public bodies of that Party of scientific
       and technical journals, articles, reports, books, including video and software,
       arising from joint research pursuant to this Agreement, the other Party shall be
       entitled to a worldwide, non-exclusive, irrevocable, royalty-free licence to
       translate, reproduce, adapt, transmit and publicly distribute such works.
   2. The Parties shall ensure that literary works of a scientific character arising from
       joint research pursuant to this Agreement and published by independent
       publishers shall be disseminated as widely as possible.
    3. All copies of a copyright work to be publicly distributed and prepared under this
       provision shall indicate the names of the author(s) of the work unless an author
       or authors expressly declines or decline to be named. They shall also bear a
       clearly visible acknowledgement of the co-operative support of the Parties.
IV. UNDISCLOSED INFORMATION
     A. Documentary undisclosed information
         1. Each Party or its participants, as appropriate, shall identify at the earliest
             possible moment and preferably in the technology management plan 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.
                                                                                         10
 ---pagebreak---       The Parties and 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 the Agreement may not
      be disclosed.
   2. Each Party shall ensure that undisclosed information under this Agreement
      and its ensuant 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.
      A Party receiving undisclosed information pursuant to the 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.
   3. 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 joint research
      under way, provided that any undisclosed information so disseminated shall
      be pursuant to an agreement of confidentiality and shall be readily
      recognizable as such, as set out above.
   4. 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 3 above. The Parties shall co-operate 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.
B. 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
   principle 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 of the confidential character of the
   information communicated at the time such communication is made.
                                                                                   11
 ---pagebreak--- C. Control
   Each Party shall endeavour 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 A
   and B above, it shall immediately inform the other Party. The Parties shall
   thereafter consult to define an appropriate course of action.
                                                                                12
 ---pagebreak---                                                                       ANNEX II
                                     DEFINITIONS
1. INTELLECTUAL PROPERTY: shall have the meaning found in Article 2 of the
   Convention establishing the World Intellectual Property Organization, done at
   Stockholm on 14 July 1967.
2. PARTICIPANT: any natural or legal person, including the parties themselves,
   participating in a project under this Agreement.
3. JOINT RESEARCH: research implemented and/or funded by the joint
   contributions of the Parties and with collaboration from participants of both
   Parties, where appropriate.
4. INFORMATION: scientific or technical data, results or methods of research and
   development stemming from the JOINT RESEARCH and any other information
   deemed necessary by the Parties and/or participants engaged in the JOINT
   RESEARCH to be provided or exchanged under this Agreement or research
   pursuant thereto.
                                                                               13
 ---pagebreak---                                                                         ANNEX HI
                                INDICATIVE FEATURES OF A
                       TECHNOLOGY MANAGEMENT PLAN (TMP)
The TMP is a specific agreement to be concluded between the participants, about the
implementation of joint research and the respective rights and obligations of the
participants. With respect to IPR, 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.
                                                                                   14
 ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(96) 572 final
                                             DOCUMENTS
 EN                                                             12 11 15      14
                                    Catalogue number : CB-CO-96-574-EN-C
                                                             ISBN 92-78-11480-4
Office for Official Publications of the European Communities
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