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Agreement for cooperation between the European Atomic Energy Community
and the Government of the Russian Federation in the field of nuclear safety
Official Journal L 287 , 31/10/2001 P. 0024 - 0029
Text:
Agreement
for cooperation between the European Atomic Energy Community and the Government
of the Russian Federation in the field of nuclear safety
THE EUROPEAN ATOMIC ENERGY COMMUNITY,
hereinafter referred to as "the Community", and
the Government of the RUSSIAN FEDERATION,
both referred to hereinafter as the "Party" or "Parties", as appropriate,
RECALLING that the Agreement on partnership and cooperation between the
European Communities and their Member States, on the one hand, and the
Russian Federation, on the other hand, which entered into force on 1 December
1997, establishes that the Parties shall cooperate in the nuclear sector
inter alia through the implementation of two agreements on thermonuclear
fusion and on nuclear safety,
RECALLING that the Commission of the European Communities 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 protection of the environment and cooperating with third
parties is of importance,
CONSIDERING that the Commission of the European Communities implements
Community research programmes in the field of nuclear safety, including
reactor safety, radiation protection, waste management and nuclear plant
decommissioning and dismantling, as well as in the field of safeguards
for nuclear materials, and intends to develop scientific and technological
cooperation with third countries on these subjects with a view to contributing
towards internationally accepted nuclear safety principles and guidelines,
CONSIDERING that the Russian Federation makes a considerable effort on
the implementation of research and development programmes aimed at improving
the safety of existing nuclear power plants and of those being under design
to answer accepted up-to-date nuclear safety requirements, as well as
at solving problems of radioactive waste management and of nuclear plant
decommissioning,
RECALLING that the Russian Federation'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 Europe as a whole, with due consideration for diversification,
the economy and the environment, also depends on developing satisfactory
solutions to the safety related issues aforementioned, as well as on assessing
the safety levels of existing nuclear reactors and their necessary upgrading
as a consequence,
TAKING INTO ACCOUNT the various forms of coordinated actions on nuclear
safety undertaken by the Parties, in particular, under the TACIS programme,
DETERMINED to strengthen their cooperation and to avail themselves of
regular consultations in the field of nuclear safety,
HAVE AGREED AS FOLLOWS:
Article 1
Cooperation under this Agreement shall, on the basis of mutual benefit,
contribute to the improvement of nuclear safety.
Article 2
Cooperation shall involve the following topics:
(a) Reactor safety research
Review and analysis of safety issues and particularly the impact of reactor
safety on nuclear power development; identification of appropriate techniques
to improve reactor safety through research and development and evaluation
studies on nuclear reactors in operation and planned.
(b) Radiation protection
Research, regulatory aspects, development of safety standards, personnel
training and education, particular attention shall be paid to low-dose
effects, industrial exposures and post-accident management.
(c) Nuclear waste management
Assessment and optimisation of geological disposal, and scientific aspects
of the management of long-lived waste.
(d) Decommissioning, decontamination and dismantling of nuclear installations
Strategies for decommissioning and dismantling nuclear installations,
including radiological aspects.
(e) Research and development on accountancy and control of nuclear material
Development and evaluation of nuclear material measurement techniques
and characterisation of reference materials for accountancy and control
activities and improvement of the systems of accounting for and control
of nuclear materials.
Article 3
1. Cooperation in the areas specified in Article 2 of this Agreement
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, 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 scope,
terms and conditions to implement specific cooperation 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.
The executive agent for the Russian Party for implementing this Agreement
shall be the Ministry of the Russian Federation for Atomic Energy.
3. In order to minimise 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.
Article 4
1. The activities under this Agreement shall be subject to the availability
of appropriated funds in each of the Parties.
2. All costs resulting from cooperation shall be borne by the Party that
incurs them.
3. The financing of industrial activities is excluded under this Agreement.
Article 5
1. This Agreement shall apply, on the one hand, to the territories in
which the Treaty establishing the European Atomic Energy Community is
applied and under the conditions laid down in this Treaty and, on the
other hand, to the territory of the Russian Federation.
2. Cooperation under this Agreement shall be in accordance with the laws
and regulations in force in each of the Parties.
3. Each Party shall use its best endeavours, within the framework of its
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 cooperation.
4. Compensation for damages incurred during the implementation of this
Agreement shall be made in accordance with the laws and regulations applicable
in each of the Parties.
Article 6
Treatment of information, industrial property and copyright resulting
from the cooperation activities under this Agreement shall be in accordance
with Annexes I, II and III, which form an integral part of this Agreement.
Article 7
Subject to their respective laws and regulations, the Parties shall
endeavour to settle all questions connected with this Agreement including
those related to its application and interpretation through consultations
between themselves.
Article 8
1. A coordinating committee consisting of members appointed in equal
number by the two Parties shall be established to supervise the implementation
of this Agreement.
2. The coordinating committee shall meet each year, alternately in the
Community and in the Russian Federation, for regular sessions in order
to:
- review and assess the state of cooperation under this Agreement and
prepare annual reports thereon,
- determine by mutual agreement the specific tasks to be undertaken under
this Agreement.
3. If mutually agreeable, extraordinary sessions of the Coordinating Committee
may be held for dealing with particular topics, or in particular circumstances.
Article 9
1. This Agreement shall enter into force on the date on which the Parties
have notified each other in writing that their respective internal procedures
necessary for its entry into force have been completed. It 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 of this Agreement, the
provisions thereof shall remain valid, in its previous form with respect
to cooperation 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
of the Parties under Article 6 of this Agreement.
Done at Brussels on the third day of October in the year two thousand
and one in duplicate in the Danish, Dutch, English, Finnish, French, German,
Greek, Italian, Portuguese, Russian, Spanish and Swedish languages, each
text being equally authentic.
For the European Atomic Energy Community
Philippe Busquin
For the Government of the Russian Federation
Alexander Rumyantsev
ANNEX I
Guiding principles on the allocation of intellectual property rights
resulting from joint research activities under the Agreement for Cooperation
in the field of nuclear safety
I. OWNERSHIP, ALLOCATION AND EXERCISE OF RIGHTS
1. This Annex shall apply to joint research 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,
hereinafter referred to as results of intellectual activities (RIA), to
be created in the course of joint research. The TMPs shall be approved
by the Parties before the conclusion of any specific R & D cooperation
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, 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 joint research 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 endeavour 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
1. 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).
2. Without prejudice to section III of this Annex, 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:
(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 joint research pursuant
to this Agreement, the other Party or its other participants shall be
entitled to a worldwide, non-exclusive, irrevocable, royalty-free licence
to translate, reproduce, adapt, transmit and publicly distribute such
works;
(b) 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;
(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 organisations.
III. 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 for the third party,
- 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 joint research 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 recognisable 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 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
authorised for the specific purposes of the joint research under way,
provided that any undisclosed information so disseminated shall be pursuant
to a specific agreement on confidentiality and shall be readily recognisable
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 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 1 and 2, it shall immediately inform the other Party. The Parties
shall thereafter consult to define an appropriate course of action.
ANNEX II
Definitions
1. INTELLECTUAL PROPERTY: shall have the meaning found in Article 2 of
the Convention establishing the World Intellectual Property Organisation,
done at Stockholm on 14 July 1967.
2. PARTICIPANT: any natural or legal person, including the Parties themselves,
participating in a projet 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.
5. RESULTS OF INTELLECTUAL ACTIVITY: information and/or intellectual property.
ANNEX III
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 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.
End of the document
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