AGREEMENT OF CO-OPERATION BETWEEN THE GOVERNMENT OF THE

REPUBLIC OF SOUTH AFRICA AND THE GOVERNMENT OF

THE REPUBLIC

OF FRANCE REGARDING THE KOEBERG NUCLEAR POWER STATION

UNITS I AND II

The Government of the Republic of South Africa and the Governnent of the Republic of France (hereinafter called "The Parties"),

Desirous of contributing to the development of the application of nuclear energy for peaceful purposes, considering the project for the establishment of a nuclear power station called Koebery for the purpose of generating electricity,

Have agreed as follows:

(a)

(b)

ARTICLE I

In accordance with the conditions embodled in the present

Agreement, the Parties shall facilitate the provision and the supply of services, installations, equipment and materials necessary for the establishment and operation of a nuclear pover station in the Republic of south Africa, called Koeberg Power

Station Units I and II.

The conditions

to which these operations shall be subject,

shall from case to case, be decided upon between the Parties and/or any public or private bodies concerned, and shall be embodied in agreements or contracts to be concluded between then.

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(a)

Each Party shall preserve the confidential nature of any information declared as such, concerning any technical document, equipment, installation, nuclear or other materials supplied to it by the other Party in terms of this Agreement and,

except as provided in

an agreement

or contract referred to in Article I (b), neither

Party shall without the prior written consent of the

Party supplying it, divulge such information to any third party whatsoever.

(b) Each Party shall ensure that any recipient entitled in terms of an agreement or contract referred to in

Article I (b) to information of the nature mentioned in paragraph (a), shall not transmit such information to any person or entity not authorised in terms of such agreement or contract to receive it.

ARTICLE III

Each Party shall take all necessary measures to ensure the physical security of the Koeberg Power Station Units I and II and of all special nuclear material supplied to, used in or derived from it, both while they are in Its territory and in transit from Its territory, and shall by agreement with the other Party decide upon the level of physical protection upon which such measures shall be based.

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ARTICLE

IV

Notwithstanding anything contained in this Agreement, where the supply of any technical information or any equipment, installation, or nuclear or other materials, or services, in terms of this

Agreement,

is in the opinion of either Party of such a nature as

to present special or particular risks, such supply shall be subject to

such conditions

as may be determined in advance by

agreement of the Parties and such agreements may be in the form Of an Exchange of Notes through the diplomatic channel.

ARTICLE V

When any special nuclear material for Koeberg Power Station

Units I and II or any irradiated fuel elements from this pover station, require reprocessing and are to be removed from a reactor and to be altered in form or content, or any plutonium recovered from It is to be stored, such reprocessing or alteration shall be performed or such plutonium stored, in facllities outside South Africa acceptable to both Parties, who shall satisfy themselves that the requirements of Articles III, IV and

VI are being and will be complied with, but the provisions of this

Article shall not apply to special nuclear material received from the United States of América or irradiated fuel elements derived therefron, which are safeguarded in terms of existing agreements with the United States of America and the International Atonic

Energy Agency.

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ARTICLE VI

The Parties shall particularly ensure that Koeberg Power Station

Units I and II or any component thereof or any special nuclear material supplied

to, used in or derived from it -

(a)

shall not be used by a State which has not produced and exploded a nuclear device before 1 January 1967, not be transmitted to any person or body in such a state, for military purposes or for the production of explosive nuclear devices; and (b) shall be subject to the application of the safeguards of the International Atomic Energy Agency In such a State.

ARTICLE VII

The Parties shall, within their competence, take all the necessary administrative, fiscal or customs measures for the proper execution of this Agreement.

ARTICLE VIII

None of the provisions of the present Agreement shall be inter- preted as having any effect on any rights or obligations which, at the date of the signature of the present Agreement, flow from the participation of either Party in other international agree- ments for the peaceful use of nuclear energy, especially in regard to the participation of the Government of France in the

Euratom Treaty.

Ho .

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ARTICLE IX

Nothing in this Agreement shall be construed as engaging the responsibility of either Party for anything done in the implementation of any agreement or contract referred to in Article I (b) to which it is

not party.

ARTICLE X

The representatives of the Parties shall meet, as and when necessary, to consult each other on any question flowing from the interpretation or application of this Agreement.

ARTICLE XI

This Agreement may be modified by agreement between the

Parties and any modification thus agreed upon shall be effected by means of an Exchange of Notes between them through the diplomatic channel.

ARTICLE XII

This Agreement shall remain In force for a period of twenty-flve (25) years and thereafter unt1] a period of six months notice of termination, given in writing by the one

Party to the other, shall have lapsed.

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ARTICLE XIII

Notwithstanding the termination of this Agreement in terms of Article XII - (a)

the provisions of this Agreement shall where relevant continue to apply to any agreement or contract referred to in Article I (b) which is still

of force;

(b) the provisions of Articles II to VI Inclusive, shall continue to apply in respect of any equipment, instal- lation, nuclear or other material and any special nuclear material supplied to, used in or derived from Koeberg Power

Station Units I and II for the full period of their utilisation as defined in the Agreement concluded between the Parties and the International Atomic Energy Agency.

ARTICLE XIV

The present Agreement shall be approved in accordance with the constitutional procedures of each of the Parties and shall enter into force on the date of exchange of notification from both Parties stating that the requisite consitutional provisions have been complied with.

The undersigned, duly authorised thereto by their respective

Governments, have signed

the present Agreement.

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DONE at Pretoria...... on fiftecult October ,76. in two copies in the English and French languages, each text being equally valid.

On behalf of the Government of the Republic of South Africa

On behalf of the Government

of the Republic of France

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