CELEX: 51991PC0021
Language: en
Date: 1991-02-04
Title: PROPOSAL FOR A COUNCIL DECISION APPROVING THE CONCLUSION OF AN EXCHANGE OF LETTERS AMENDING THE AGREEMENT BETWEEN THE EUROPEAN ATOMIC ENERGY COMMUNITY ( EURATOM ) AND THE GOVERNMENT OF CANADA FOR COOPERATION IN THE PEACEFUL USES OF ATOMIC ENERGY OF 6 OCTOBER 1959

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                C0M(91) 21 final
                                                Brussels, 4 February 1991
                               Proposal for a
                             COUNCIL DECISION
 approving the conclusion of an exchange of letters amending the Agreement
 between the European Atomic Energy Community (Euratom) and the Government
         of Canada for cooperation in the peaceful uses of atomic
                         energy of 6 October 1959
                       (presented by the Commission)
 ---pagebreak---                           EXPLANATORY MEMORANDUM
1. On 23 April 1990, the Council adopted directives to be followed by
   the Commission for the negotiation of an amendment to the
   Euratom/Canada Agreement, to lay down the conditions for the supply
   of tritium and tritium-related equipment from Canada to Euratom for
   the purposes of the Euratom Fusion Programme, pursuant to the
   Memorandum of Understanding concerning co-operation in the field of
   fusion of 6 March 1986.
2. Accordingly, the Commission and Canada, following exchanges of
   draft texts In writing, negotiated and agreed ad referendum, in
   Ottawa on 22 October 1990, the exchange of letters attached to the
   draft Council Decision contained In the Annex.
3. This text    applies to tritium and tritium-related equipment
   supplied by  Canada for uses In the Euratom Fusion Programme, as
   well as to    tritium produced or processed with such equipment
   (hereinafter referred to together as "tritium Items").
4. Tritium Items are made, by virtue of operative paragraph 1 of the
   exchange of letters, subject to the Euratom/Canada Agreement, as
   amended. The same provision recalls the two main consequences of
   such an application of the Agreement:
   (a) peaceful and non-explosive use;
   (b) Canadian prior consent for retransfers of tritium Items outside
       the Community.
5. Paragraph 2, which provides  for Canadian prior consent for uses in
   the Community other than     In the Euratom Fusion Programme, Is
   consequential to the fact     that the scope of the amendment is
   limited, In accordance with Council Directives, to supplies for the
   Fusion programme.
6. Under paragraph 3, the Community undertakes to apply to tritium
   Items, as part of Its safeguards system, appropriate recording,
   accounting and inventory procedures. Because of the lack, so far,
   of any International precedent, as regards safeguards procedures on
   tritium Items, the same provision recalls that such measures are
   open to review by the Joint Technical Working Group (JTWG) or, upon
   request, to consultations between the Parties.
 ---pagebreak--- 7.  Paragraph 4 makes applicable to retransfers of tritium Items to
    third countries co-operating In or with the Fusion programme, on
    condition that they have given Canada assurances equivalent to
    those provided by the Community, the simplified mechanism, based on
    generic consent, Introduced by the Exchange of Letters of 21 June
    1985<1>.
3.  As regards physical protection on tritium items, It is noted that,
    since no international consensus has, as yet, been developed In
    this field, the commitment laid down by paragraph 5 is couched In
    very general terms. It will be up to the Member States to apply
    any measures which they deem "appropriate", to protect tritium
    items against unauthorised removals or uses.
9.  Given the relevance of the Fusion Programme for the purpose of this
    Exchange of Letters, paragraph 6   (a) provides that the Community
    shall notify Canada of any future  substantial changes and that any
    such change could be reviewed,     upon request, at consultations
    between the Parties.
10. The   Commission   Is convinced    that   this   amendment   of   the
    Euratom/Canada   Agreement, which    Is consistent     with   Council
    Directives, will make possible transfers of tritium items In the
    full respect of both Community law and Canadian non-proliferation
    policy, without Imposing any unreasonable burden on Community
    undertakings participating in the Fusion programme.
11. The Commission therefore Invites      the  Council  to   approve  the
    Decision set out in the Annex.
(1) O.J. E.C., C 191, 31.7.85, p.3.
 ---pagebreak---             Council Decision approving the conclusion by the
              Commission of an Exchange of Letters amending
            the Agreement between the European Atomic Energy
          Community (Euratom) and the Government of Canada for
           co-operation in the peaceful uses of atomic energy
                             of 6 October 1959
    THE COUNCIL OF THE EUROPEAN COMMUNITIES,
    Having regard to the Treaty establishing the European Atomic Energy
Community, and In particular the second paragraph of Article 101
thereof,
    Having regard to the draft decision presented by the Commission,
    WHEREAS the Commission has carried out negotiations In accordance
with Council directives on an Exchange of Letters amending the
Agreement between the European Atomic Energy Community (Euratom) and
the Government of Canada for co-operation in the peaceful uses of
atomic energy of 6 October 1959,
    WHEREAS the conclusion     by   the Commission   of  that Exchange of
Letters should be approved,
                          HAS DECIDED AS FOLLOWS
                                SQle Article
The conclusion by the Commission of the Exchange of Letters amending
the Agreement between the European Atomic Energy Community (Euratom)
and the Government of Canada for co-operation in the peaceful uses of
atomic energy of 6 October 1959, Is hereby approved.
The text of the Exchange of Letters Is attached to this Decision.
Done In Brusseis
                                           For the CounclI
                                          The President
                                                                          4
 ---pagebreak---                          Exchange of Letters
      between the European Atomic Energy Community (EURATOM)
                    and the Government of Canada
                             amending the
      Agreement between the European Atomic Energy Community
              (Euratom) and the Government of Canada
               for co-operation in the peaceful uses
                 of atomic energy of 6 October 1959
A. Letter from the Community
Excellency
     I refer to the history of co-operation between Euratom and
Canada in*the peaceful use of atomic energy and in the field of
fusion research and development and to the common desire of
Euratom and Canada to pursue their co-operation in these domains.
     In the development of this co-operation, I note the
importance of the Agreement between the European Atomic Energy
Community (Euratom) and the Government of Canada for co-operation
in the peaceful uses of atomic energyf signed on 6 October 1959
and subsequently amended by exchanges of letters of 16 January
1978, 18 December 1981 and 21 June 1985 (hereinafter referred to
as "the Agreement") and the Memorandum of Understanding between
the European Atomic Energy Community represented by the
Commission of the European Communities and the Government of
Canada concerning co-operation in the field of fusion research
and development, concluded on 6 March 1986.
     Euratom requires substantial quantities of tritium for the
implementation of the Euratom programme of research and training
in the field of controlled thermonuclear fusion. I note that
Canada has declared its readiness to supply tritium and tritium-
related equipment for this purpose subject to appropriate non-
proliferation assurances.
     At present, tritium and tritium-related equipment do not
come within the purview of the Agreement. The Agreement can
provide the basis for the application of non-proliferation
assurances to tritium and tritium-related equipment transferred
from Canada to Euratom for use in the Fusion Programme, and to
tritium produced or processed with such equipment.
     I have therefore the honour to propose that the Agreement be
completed by the following provisions:
 ---pagebreak---  1.  Tritium and tritium-related equipment transferred from
     Canada to Euratom, whether directly or indirectly, for use
     in the Fusion Programme and tritium produced or processed
     with such equipment (all such tritium and tritium-related
     equipment being hereinafter referred to as "tritium items")
     shall be subject to the Agreement. Accordingly, in
    particular, such tritium items:
           (a)  shall not be used for the manufacture of any
                nuclear weapon or for other military uses of
                nuclear energy or for the manufacture of any other
                nuclear explosive device; and
           (b>  shall not be retransferred beyond the territories
                in which the Euratom Treaty is applied, except as
               provided for in paragraph 4 of this exchange of
                letters, without the prior written consent of the
               Government of Canada.
2.  Unless the prior written consent of the Government of Canada
    is obtained for another use, tritium items subject to the
    Agreement shall only be used in the Fusion Programme.
3.  With reference to the undertakings made in article IX of the
    Agreement and paragraph c of the Exchange of Letters of 16
    January 1978, Euratom shall apply to tritium items
    appropriate recording, accounting and inventory procedures.
    These procedures shall be regularly reviewed by the Joint
    Technical Working Group (J.T.W.G.), and, at the request of
    either Contracting Party, shall be subject to consultations
    in accordance with Article XIII of the Agreement.
4.   (a)  Paragraph 2 of the Exchange of Letters of 21 June 1985
          shall apply to retransfers of tritium items, for use in
          connection with the Fusion Programme, to third parties
          co-operating in or with the Fusion Programme.
     (b)  Pursuant to this exchange of letters, Canada shall
          identify a third party, in accordance with paragraph 2
          (a) i) of the Exchange of Letters of 21 June 1985, once
          it has given Canada appropriate non-proliferation
          assurances equivalent to those provided by the present
          exchange of letters.
    (c)   The waiver provided in paragraph 4 of the Exchange of
          Letters of 21 June 1985 shall be deemed to apply to a
          tritium item received by Euratom from a third party
          identified in accordance with (b) above which has
          identified the tritium item as being subject to an
          agreement with Canada. For greater certainty, the
          tritium item so received shall become subject to the
         Agreement upon receipt.
5.  Appropriate measures shall be applied within the Community
    to prevent unauthorized taking and use of tritium items
    subject to the Agreement.
 ---pagebreak---  6.    a)    "Fusion Programme" means the Euratom programme of
       research and training in the field of controlled
       thermonuclear fusion as adopted by the Council of the
       European Communities by "Council Decision of 25 July 1988
       adopting a multinannual   research and training programme in
       the field of controlled thermonuclear fusion"
       (88/448/EURATOM), (O.J.E.C. N°. L.222, 12. 8. 1988, p.6.)
       and, for the purpose of greater certainty, includes
       Euratom1s participation in the International Thermonuclear
       Experimental Reactor (ITER). Each time a change is made to
       the substance of the Euratom programme of research and
       training in the field of controlled thermonuclear fusion,
       Euratom shall notify Canada of the change. At the request
       of either Contracting Party, any change to the Fusion
       Programme shall be reviewed at consultations pursuant to
       Article XIII of the Agreement.
       b)   "Tritium-related equipment" means equipment specially
       designed or prepared for the production, recovery,
     . extraction, concentration or handling of tritium and its
    * compounds and mixtures.
       c)   "Tritium" includes compounds and mixtures that contain
       tritium in which the ratio of tritium to hydrogen by atoms
       is greater than 1 part in 1000.
       If the foregoing is acceptable to the Government of Canada,
I have the honour to propose that this letter, which is authentic
in both English and French, together with your Excellency's reply
to that effect, shall constitute an agreement amending the
Agreement. The present agreement shall enter into force as of
the date of your Excellency's reply to this letter and shall
remain in force so long as any tritium items referred to in this
letter remain in existence or it is otherwise agreed.
       Please accept, Your Excellency, the assurance of my highest
consideration.
                                                                    i
 ---pagebreak---        Letter from the Government of Canada
   Sir,
   I have the honour to acknowledge receipt of your letter of today's date
   which reads, as follows:
    "l refer to the history of co-operation between Euratom and
Canada in*the peaceful use of atomic energy and in the field of
fusion research and development and to the common desire of
Euratom and Canada to pursue their co-operation in these domains.
      In the development of this co-operation, I note the
importance of the Agreement between the European Atomic Energy
Community (Euratom) and the Government of Canada for co-operation
in the peaceful uses of atomic energy, signed on 6 October 1959
and subsequently amended by exchanges of letters of 16 January*
1978, 18 December 1981 and 21 June 1985 (hereinafter referred to
as "the Agreement") and the Memorandum of Understanding between
the European Atomic Energy Community represented by the
Commission of the European Communities and the Government of
Canada concerning co-operation in the field of fusion research
and development, concluded on 6 March 1986.
      Euratom requires substantial quantities of tritium for the
implementation of the Euratom programme of research and training
in the field of controlled thermonuclear fusion. I note that
Canada has declared its readiness to supply tritium and tritium-
related equipment for this purpose subject to appropriate non-
proliferation assurances.
     At present, tritium and tritium-related equipment do not
come within the purview of the Agreement. The Agreement can
provide the basis for the application of non-proliferation
assurances to tritium and tritium-related equipment transferred
from Canada to Euratom for use in the Fusion Programme, and to
tritium produced or processed with such equipment.
      I have therefore the honour to propose that the Agreement be
completed by the following provisions:
 ---pagebreak---  1.  Tritium and tritium-related equipment transferred from
     Canada to Euratom, whether directly or indirectly, for use
     in the Fusion Programme and tritium produced or processed
    with such equipment (all such tritium and tritium-related
     equipment being hereinafter referred to as "tritium items")
     shall be subject to the Agreement. Accordingly, in
    particular, such tritium items:
           (a)  shall not be used   for the manufacture of any
                nuclear weapon or   for other military uses of
                nuclear energy or   for the manufacture of any other
                nuclear explosive   device; and
           (b>  shall not be retransferred beyond the territories
                in which the Euratom Treaty is applied, except as
                provided for in paragraph 4 of this exchange of
                letters, without the prior written consent of the
                Government of Canada.
2.  Unless the prior written consent of the Government of Canada
    is obtained for another use, tritium items subject to the
    Agreement shall.only be used in the Fusion Programme.
3.  With reference to the undertakings made in article IX of the
    Agreement and paragraph c of the Exchange of Letters of 16
    January 1978, Euratom shall apply to tritium items
    appropriate recording, accounting and inventory procedures.
    These procedures shall be regularly reviewed by the Joint
    Technical Working Group (J.T.W.G.), and, at the request of
    either Contracting Party, shall be subject to consultations
    in accordance with Article XIII of the Agreement.
4.   (a)  Paragraph 2 of the Exchange of Letters of 21 June 1985
          shall apply to retransfers of tritium items, for use in
          connection with the Fusion Programme, to third parties
          co-operating in or with the Fusion Programme.
     (b)  Pursuant to this exchange of letters, Canada shall
          identify a third party, in accordance with paragraph 2
          (a) i) of the Exchange of Letters of 21 June 1985, once
          it has given Canada appropriate non-proliferation
          assurances equivalent to those provided by the present
          exchange of letters.
    (c)   The waiver provided in paragraph 4 of the Exchange of
          Letters of 21 June 1985 shall be deemed to apply to a
          tritium item received by Euratom from a third party
          identified in accordance with (b) above which has
          identified the tritium item as being subject to an
          agreement with Canada. For greater certainty, the
          tritium item so received shall become subject to the
          Agreement upon receipt.
5.  Appropriate measures shall be applied within the Community
    to rr-Qve-^t -nr.'thorized taking and use of tritium items
    subject to the Agreement.
 ---pagebreak---        a)          "Fusion Programme" means t h e Euratom programme of
       r e s e a r c h and t r a i n i n g i n t h e f i e l d of c o n t r o l l e d
       t h e r m o n u c l e a r fus-ion. as adopted by t h e Council of t h e
       European Communities by "Council Decision of 25 J u l y 198 8
       a d o p t i n g a multinannual                 r e s e a r c h and t r a i n i n g programme in
       t h e f i e l d of c o n t r o l l e d t h e r m o n u c l e a r f u s i o n "
        (88/448/EURATOM) , ( O . J . E . C . N°. L-.222, 12. 8. 1988, p . 6.)
       and, f o r t h e purpose of g r e a t e r c e r t a i n t y , i n c l u d e s
       E u r a t o m ' s p a r t i c i p a t i o n i n t h e I n t e r n a t i o n a l Thermonuclear
       E x p e r i m e n t a l R e a c t o r (ITER). Each t i m e a change i s made t o
       t h e s u b s t a n c e of t h e Euratom programme of r e s e a r c h and
       t r a i n i n g i n t h e f i e l d of c o n t r o l l e d t h e r m o n u c l e a r f u s i o n ,
       Euratom s h a l l n o t i f y Canada of t h e change. At t h e r e q u e s t
       of e i t h e r C o n t r a c t i n g P a r t y , any change t o t h e Fusion
       Programme s h a l l be reviewed a t c o n s u l t a t i o n s p u r s u a n t t o
       A r t i c l e - X I I I of t h e Agreement.
       b)          " T r i t i u m - r e l a t e d equipment" means equipment s p e c i a l l y
       designed or p r e p a r e d f o r t h e p r o d u c t i o n , r e c o v e r y ,
       e x t r a c t i o n , c o n c e n t r a t i o n or h a n d l i n g of t r i t i u m and i t s
       compounds and m i x t u r e s .
       c)          " T r i t i u m " i n c l u d e s compounds and m i x t u r e s t h a t c o n t a i n
       t r i t i u m i n which t h e r a t i o of t r i t i u m t o hydrogen by atoms
       i s g r e a t e r t h a n 1 p a r t i n 1000."
I have the honour to Inform you that the Government of Canada Is In
agreement with the contents of your l e t t e r , and to confirm that your
letter and this reply, which Is authentic In English and French, shall
constitute an agreement amending the Agreement between the Government
of Canada and the European Atomic Energy Community (Euratom) of 6
October 1959, as amended, which shall enter Into force on the date of
this letter and shall remain In force so long as any tritium Items
referred to In this letter remain In existence or It Is otherwise
agreed.
Please      accept,           Your     Excellency,       the      assurance     of     my  highest
considérât Ion.
                                                          For the Government of Canada
                                                                                                          t>
 ---pagebreak---                                                                           ISSNÛ254-147S
                                                               C0M(91) 21 final
                                                    DOCUMENTS
                                                                                       n
EN
                               Catalogue number : CB-CO-91-039-EN-C
                                                            ISBN 92-77-69183-2
ÏTJCE                 j    ;-30psgeK3JOECU        |    per «ddMoaal 10 pages- ! "3 ECU
Office for CSeial Publications of îhe European Communities
L-2985 Luxembourg
                                                                                         1' t