Agreement between the Government of Australia and the European Atomic Energy Community (Euratom) for cooperation in the peaceful uses of nuclear energy

Article I Definitions 7. ‘Parties’ means the Government of Australia on the one For the purpose of this Agreement, except as otherwise spec­ hand and the Community on the other hand. ified: 1. ‘by-product’ means special fissionable material derived by 8. ‘peaceful purpose’ includes the use of nuclear material, non- one or more processes, whether successive or not, from nuclear material, equipment and technology in such fields nuclear material transferred pursuant to this Agreement. as electric power generation, medicine, agriculture and industry, but does not include research on or development of any explosive devices, or any military purpose. Military 2. ‘competent authority’ means: purpose does not include provision of power for a military base drawn from any power network, or production of radioisotopes to be used for medical purposes in a — for the Government of Australia, the Australian Safe­ military hospital. guards and Non-Proliferation Office, — for the Community, the European Commission, 9. ‘persons’ means any natural person, undertaking or other entity governed by the applicable laws and regulations in the respective territorial jurisdiction of the Parties, but does or such other authority as the Party concerned may at any not include the Parties to this Agreement. time notify in writing to the other Party. 10. ‘technology’ has the meaning as defined in Annex A to 3. ‘equipment’ means those items listed in Sections 1, 3, 4, 5, IAEA INFCIRC/254/Rev.9/Part 1 (Guidelines for Nuclear 6 and 7 of Annex B to IAEA INFCIRC/254/Rev.9/Part 1 Transfers). (Guidelines for Nuclear Transfers). 4. ‘intellectual property’ shall have the meaning set out in 11. ‘the Community’ means both:

Article 2 of the Convention establishing the World Intel­ lectual Property Organization, done at Stockholm on 14 July 1967, as amended on 28 September 1979, and — the legal person created by the Euratom Treaty, and may include other subject matter as mutually determined by the Parties. — the territories to which the Euratom Treaty applies. 5. ‘non-nuclear material’ means:

Article II — Deuterium and heavy water (deuterium oxide) and any Objective other deuterium compound in which the ratio of deuterium to hydrogen exceeds 1:5000, for use in a The objective of this Agreement is to provide a framework for nuclear reactor, as defined in paragraph 1.1 of Annex cooperation between the Parties in the peaceful uses of nuclear B to IAEA INFCIRC/254/Rev.9/Part 1 (Guidelines for energy on the basis of mutual benefit and reciprocity and Nuclear Transfers), without prejudice to the respective competences of each Party. — Nuclear grade graphite: graphite, for use in a nuclear Article III reactor, as defined in paragraph 1.1 of Annex B to IAEA INFCIRC/254/Rev.9/Part 1 (Guidelines for Scope of cooperation Nuclear Transfers), having a purity level better than 5 parts per million boron equivalent and with a density 1. Nuclear material, non-nuclear material, equipment and greater than 1,50 grams per cubic centimetre. technology subject to this Agreement shall only be used for peaceful purposes and shall not be used for the manufacture of nuclear weapons or other nuclear explosive devices, research 6. ‘nuclear material’ means any source material or special on or development of nuclear weapons or other nuclear fissionable material as those terms are defined in Article explosive devices, or be used for any military purpose or in XX of the Statute of the IAEA done at the Headquarters any way to further any military purpose. of the United Nations on 23 October 1956, and which entered into force on 29 July 1957 (hereinafter referred to as the Statute of the IAEA). Any determination by the Nuclear material, equipment, non-nuclear material or nuclear Board of Governors of the IAEA under Article XX of the material produced as a by-product shall be used only for Statute of the IAEA that amends the list of material peaceful purposes; and shall not be used for any military considered to be ‘source material’ or ‘special fissionable purpose. L 29/6 EN Official Journal of the European Union 1.2.2012 2. The cooperation envisaged between the Parties under this (f) transfer of industrial equipment and industrial technology; Agreement may include: and (a) the supply of nuclear material, non-nuclear material, and (g) other forms of cooperation as may be determined by the equipment; Parties in writing. (b) technology transfer, including supply of information 5. The cooperation in specific areas outlined in paragraph 2 relevant to this Article, providing that Australia and of this Article may be implemented as necessary through relevant Member States of the Community have expressed arrangements between a legal entity of Australia and a legal their willingness to place such transfers in the framework of entity of the Community, which the respective competent this Agreement; authority notifies the other competent authority as being duly authorised to implement such cooperation. Any such (c) transfer of equipment which has been designated by the arrangements shall include provisions dealing with intellectual Parties as equipment designed, constructed or operated on property rights protection where such rights exist or arise. the basis of or by the use of information obtained from the other Party and which is within the jurisdiction of one of the Parties at the time of designation; Article IV Items subject to the Agreement (d) the procurement of equipment and devices; 1. This Agreement shall apply to: (e) access to and use of equipment and facilities; (a) Nuclear material, non-nuclear material, or equipment, trans­ (f) management of spent fuel and radioactive waste; ferred between the Parties or their respective persons, whether directly or through a third country. (g) nuclear safety and radiation protection; Such nuclear material, non-nuclear material, or equipment shall become subject to this Agreement upon its entry into (h) safeguards; the territorial jurisdiction of the receiving Party, provided that the supplying Party has notified the receiving Party in (i) use of radioisotopes and radiation in agriculture, industry writing of the transfer, and the receiving Party has and medicine; confirmed in writing that such item is or will be held subject to this Agreement and that the proposed recipient, (j) geological and geophysical exploration, development, if other than the receiving Party, is an authorised person production, further processing and use of uranium under the territorial jurisdiction of the receiving Party. resources; (b) All forms of nuclear material prepared by chemical or (k) regulatory aspects of the peaceful uses of nuclear energy; physical processes or isotopic separation provided that the and quantity of nuclear material so prepared shall only be regarded as falling within the scope of this Agreement in (l) other areas relevant to the subject of this Agreement, insofar the same proportion as the quantity of nuclear material as they are covered by the Parties’ respective programmes. used in its preparation, and which is subject to this Agreement, bears to the total quantity of nuclear material 3. Cooperation shall extend to nuclear research and devel­ so used; opment activities of mutual interest to the Parties according to complementary provisions to be agreed by the Parties. (c) All generations of nuclear material produced by neutron irradiation provided that the quantity of nuclear material 4. The cooperation referred to in paragraph 2 of this Article so produced shall only be regarded as falling within the may be undertaken in the following forms: scope of the Agreement in the same proportion as the quantity of nuclear material which is subject to this (a) organisation of symposia and seminars; Agreement and which, used in its production, contributes to this production; (b) organisation of joint projects and establishment of joint ventures; (d) Nuclear material produced, processed or used in equipment where: (c) establishment of bilateral working groups for implemen­ tation of the joint projects; (i) non-nuclear material subject to this Agreement was principally or wholly responsible for the production, (d) supply of nuclear fuel cycle services including uranium processing or use of that nuclear material; conversion and isotopic enrichment; (ii) equipment subject to this Agreement was wholly (e) trade and commercial cooperation relating to the nuclear responsible for the production, processing or use of fuel cycle; that nuclear material; 1.2.2012 EN Official Journal of the European Union L 29/7 (iii) equipment has been designated by the supplying Party (d) that the Parties mutually determine that it should no longer after consultation with the recipient Party as being be subject to this Agreement. designed, constructed, manufactured or operated on the basis of, or by the use of technology transferred subject to this Agreement; and 3. Technology transfer shall be subject to this Agreement for the Member States of the Community that have expressed their willingness to place such transfers in the framework of this (iv) equipment referred to in sub paragraphs (ii) and (iii) is Agreement through a written notification from the Member restricted to items 1.1, 3, 4, 5, 6, 7 of Annex B to State concerned to the European Commission. A prior notifi­ INFCIRC/254/Rev.9/Part 1, and expressly excludes any cation between the Member State(s) concerned and the sub-components of such equipment. European Commission, on one side, and the Government of Australia, on the other, should be given before each transfer. (e) Nuclear material which was subject to the Agreement concerning transfers of nuclear material from Australia to

Article V the European Atomic Energy Community, done at Brussels on 21 September 1981; Enrichment Prior to the enrichment of any nuclear material subject to this (f) Nuclear material which was transferred from Member States Agreement to twenty (20) percent or more in the isotope of the Community to Australia pursuant to bilateral agree­ uranium 235, the written consent of both Parties shall be ments, and which is notified to the Community at the time obtained. Such consent shall describe the conditions under this Agreement comes into force; and which the uranium enriched to twenty (20) percent or more may be used. An arrangement to facilitate the implementation of this provision may be established by the Parties. (g) Nuclear material recovered for nuclear purposes from ores or concentrates, other than uranium ore concentrates, which are transferred between the Parties directly or through a Article VI third country, and which recovery has been notified by Trade in nuclear material, non-nuclear material, equipment the transferring Party as being of relevance to the or technology Agreement. If such nuclear material cannot be subject to all of the conditions set out in Article VII, then such nuclear 1. Any transfer of nuclear material, non-nuclear material or material shall not be used until the Parties have mutually equipment carried out pursuant to the cooperation activities determined the necessary safeguards and physical protection shall be made in accordance with the relevant international measures to apply. commitments of the Community, the Member States of the Community, and Australia in relation to peaceful uses of nuclear energy as listed in Article VII. 2. Nuclear material, non-nuclear material, or equipment, referred to in paragraph 1 of this Article shall remain subject to the provisions of this Agreement until it has been deter­ 2. The Parties shall, to such extent as is practicable, assist mined, in accordance with the procedures set out in the admin­ each other in the procurement, by either Party or by persons istrative arrangements established pursuant to Article XII of this within the Community or under the jurisdiction of the Agreement: Government of Australia, of nuclear material, non-nuclear material or equipment. (a) that such item has been re-transferred beyond the juris­ diction of the receiving Party in accordance with paragraphs 3. The continuation of the cooperation envisaged in the 5 and 6 of Article VII of this Agreement; present Agreement shall be contingent upon the mutually satis­ factory application of the system for safeguards and control established by the Community in accordance with the (b) that nuclear material is no longer usable for any nuclear Euratom Treaty and of the system for safeguards and control activity relevant from the point of view of safeguards of nuclear material, non-nuclear material or equipment estab­ referred to in paragraph 1 of Article VII or has become lished by the Government of Australia. practicably irrecoverable. For the purpose of determining when nuclear material subject to this Agreement is no longer usable or is no longer practicably recoverable for processing into a form in which it is usable for any 4. The provisions of this Agreement shall not be used to nuclear activity relevant from the point of view of safe­ impede the implementation of the principle of free movement guards, both Parties shall accept a determination made by in the internal market within the EU. the IAEA in accordance with the provisions for the termination of safeguards of the relevant safeguards agreement to which the IAEA is a party; 5. Transfers of nuclear material and appropriate services shall be carried out under fair commercial conditions. The implemen­ tation of this paragraph shall be without prejudice to the (c) that non-nuclear material and equipment are no longer Euratom Treaty and its derived legislation, and to Australian usable for nuclear purposes; or laws and regulations. L 29/8 EN Official Journal of the European Union 1.2.2012 6. Further to paragraphs 5 and 6 of Article VII any safeguards in connection with the Treaty on the Non-Prolif­ retransfers of any items or technology subject to this eration of Nuclear Weapons, done at Vienna on Agreement outside the jurisdiction of the Parties shall only be 23 September 1997 and which entered into force on made in the framework of the commitments undertaken by the 12 December 1998 (IAEA INFCIRC/217/Add.1). Governments of individual Member States of the Community and the Government of Australia within the group of nuclear supplier countries known as the Nuclear Suppliers Group. In 2. In the event of the application of any of the agreements particular, the Guidelines for Nuclear Transfers, as set out in with the IAEA referred to in paragraph 1 of this Article being IAEA INFCIRC/254/Rev.9/Part 1, shall apply to retransfers of suspended or terminated for any reason within the Community any items subject to this Agreement. or Australia, the relevant Party shall enter into an agreement with the IAEA which provides for effectiveness and coverage

Article VII equivalent to that provided by the safeguards agreements referred to in provision (a) or (b) of paragraph 1 of this Nuclear material subject to the Agreement Article, or, if that is not possible, 1. Nuclear material subject to this Agreement shall be subject to the following conditions: (a) the Community, as far as it is concerned, shall apply safe­ guards based on the Euratom safeguards system, which (a) In the Community, to the Euratom safeguards pursuant to provides for effectiveness and coverage equivalent to that the Euratom Treaty and to the IAEA safeguards pursuant to provided by the safeguards agreements referred to in the following safeguards agreements, as they may be revised provision (a) of paragraph 1 of this Article; or, if that is and replaced, and in accordance with the Non-Proliferation not possible Treaty: (i) the Agreement between the Community's non-nuclear (b) the Parties shall enter into arrangements for the application weapon Member States, the European Atomic Energy of safeguards, which provide for effectiveness and coverage Community and the International Atomic Energy equivalent to that provided by the safeguards agreements Agency, done at Brussels on 5 April 1973 and which referred to in provision (a) or (b) of paragraph 1 of this entered into force on 21 February 1977 (IAEA Article. INFCIRC/193); 3. Application of physical protection measures shall be at all (ii) the Agreement between France, the European Atomic times at levels which satisfy as a minimum the criteria set out in Energy Community and the International Atomic Annex C to IAEA INFCIRC/254/Rev.9/Part 1 (Guidelines for Energy Agency, done in July 1978 and which entered Nuclear Transfers); supplementary to this document, the into force on 12 September 1981 (IAEA INFCIRC/290); Member States of the Community, the European Commission, as appropriate, and Australia will refer when applying physical protection measures to their obligations under the Convention (iii) the Agreement between the United Kingdom of Great on the Physical Protection of Nuclear Material done on 3 March Britain and Northern Ireland, the European Atomic 1980, including any amendments that are in force for each Energy Community and the International Atomic Party and the recommendations in IAEA INFCIRC/225/Rev.5 Energy Agency for the application of safeguards in (Nuclear Security Recommendations on Physical Protection of the United Kingdom of Great Britain and Northern Nuclear Material and Nuclear Facilities). Transport shall be Ireland in connection with the Treaty on the Non- subject to the provisions of the International Convention on Proliferation of Nuclear Weapons, done at Vienna on the Physical Protection of Nuclear Material done on 3 March 6 September 1976 and which entered into force on 1980, including any amendments that are in force for each 14 August 1978 (IAEA INFCIRC/263); Party, and to the IAEA Regulations for the Safe Transport of Radioactive Material (IAEA Safety Standards Series No TS-R-1). (iv) the Additional Protocols IAEA INFCIRC/193/Add.8, IAEA INFCIRC/263/Add.1, and IAEA INFCIRC/ 290/Add.1 signed in Vienna on 22 September 1998 4. Nuclear safety and waste management shall be subject to and which entered into force on 30 April 2004 on the Convention on Nuclear Safety, done at Vienna on 17 June the basis of the IAEA INFCIRC/540 (corrected) 1994 and which entered into force on 24 October 1996 (IAEA (Strengthened Safeguards System, Part II); INFCIRC/449), the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management, done at Vienna on 5 September 1997 and (b) In Australia, to the IAEA safeguards pursuant to the which entered into force on 18 June 2001 (IAEA Agreement between Australia and the International INFCIRC/546), the Convention on Assistance in the Case of a Atomic Energy Agency for the Application of Safeguards Nuclear Accident or Radiological Emergency, done at Vienna on in connection with the Treaty on the Non-Proliferation of 26 September 1986 and which entered into force on Nuclear Weapons, which entered into force on 10 July 26 February 1987 (IAEA INFCIRC/336), the Convention on 1974 (IAEA INFCIRC/217); supplemented by a Protocol Early Notification of a Nuclear Accident, done at Vienna on Additional to the Agreement between Australia and the 26 September 1986 and which entered into force on International Atomic Energy Agency for the application of 27 October 1986 (IAEA INFCIRC/335). 1.2.2012 EN Official Journal of the European Union L 29/9 5. Nuclear material subject to this Agreement shall not be undue interference in the nuclear activities in Australia and in transferred beyond the territorial jurisdiction of the receiving the Community and so as to be consistent with the prudent Party without the prior written consent of the supplier Party, management practices required for the economic and safe except in accordance with paragraph 6 of this Article. conduct of nuclear activities. 6. Upon entry into force of this Agreement, the Parties shall exchange lists of third countries to which retransfers by the 2. The provisions of this Agreement shall not be used for the other Party pursuant to paragraph 5 of this Article are auth­ purpose of seeking commercial or industrial advantages, nor of orised. Each Party shall notify the other Party of changes to its interfering with the commercial or industrial interests, whether list of third countries. domestic or international, of either Party or authorised persons, nor of interfering with the nuclear policy of either Party or of

Article VIII the Governments of the Member States of the Community, nor of hindering the promotion of the peaceful and non-explosive Reprocessing uses of nuclear energy, nor of hindering the movement of items subject to or notified to be made subject to this Agreement The Parties grant their consent to the reprocessing of nuclear either within the respective territorial jurisdiction of the fuel containing nuclear material subject to this Agreement Parties or between the Government of Australia and the provided that such reprocessing takes place in accordance Community. with the conditions set out in Annex A.

Article IX 3. The accounting of nuclear material and non-nuclear Intellectual property material subject to this Agreement will be based on the fungi­ bility and the principles of proportionality and equivalence of The Parties shall ensure the adequate and effective protection of nuclear materials and non-nuclear material as set out in the intellectual property created and technology transferred administrative arrangements established pursuant to Article XII pursuant to the cooperation under this Agreement in of this Agreement. accordance with the relevant international agreements and arrangements, and the laws and regulations in force in Australia and in the European Union, the Community or their 4. Any amendment to IAEA Information Circulars Member States. mentioned in Articles I, IV, VI and VII of this Agreement shall have effect under this Agreement only when the Parties

Article X have informed each other in writing through diplomatic channels that they accept such amendment. Exchange of information 1. The Parties may make available to each other and to persons within the Community or under the jurisdiction of Article XII the Government of Australia, information at their disposal on Administrative arrangements matters within the scope of this Agreement. 1. The competent authorities of both Parties shall establish Information received from any third party under terms which administrative arrangements to ensure the effective implemen­ prevents the further supply of such information shall be tation of the provisions of this Agreement. excluded from the scope of this Agreement. 2. An administrative arrangement established pursuant to Information regarded by the supplying Party as being of paragraph 1 of this Article may be amended as mutually commercial value shall be supplied only under terms and determined in writing by the competent authorities. conditions specified by the supplying Party. 2. The Parties shall encourage and facilitate the exchange of Article XIII information between persons under the jurisdiction of the Government of Australia on the one hand and persons within Applicable law the Community on the other hand on matters within the scope 1. The cooperation provided for in this Agreement shall be of this Agreement. in accordance with the laws and regulations in force in Australia and within the European Union as well as with the international Information owned by such persons shall be supplied only with agreements entered into by the Parties. In the case of the the consent of and under terms and conditions to be specified Community the applicable law includes the Euratom Treaty by those persons. and its derived legislation. 3. The Parties shall take all appropriate precautions to preserve the confidentiality of information received as a result 2. Each Party shall be responsible toward the other for of the operation of this Agreement. ensuring that the provisions of this Agreement are accepted and complied with as to Australia, by all of its governmental

Article XI enterprises and by all persons under its jurisdiction to whom Implementation of the Agreement authorisation has been granted pursuant to this Agreement, and as to the Community, by all persons within the Community to 1. The provisions of this Agreement shall be implemented in whom authorisation has been granted pursuant to this good faith in such a manner as to avoid hampering, delay or Agreement. L 29/10 EN Official Journal of the European Union 1.2.2012

Article XIV arbitrator has not been elected, either Party may request the President of the International Court of Justice to appoint the Non-compliance third arbitrator. A majority of the members of the arbitral 1. If either Party or any Member State of the Community tribunal shall constitute a quorum, and all decisions shall be violates any of the material provisions of the Agreement, the made by majority vote of all the members of the arbitral other Party may, on giving written notice to that effect, suspend tribunal. The arbitral procedure shall be fixed by the tribunal. or terminate in whole or in part cooperation under this The decisions of the tribunal shall be binding on both Parties Agreement. and implemented by them. The remuneration of the arbitrators shall be determined on the same basis as that for ad hoc judges of the International Court of Justice. 2. Before either Party takes action to that effect, the Parties shall consult with a view to reaching a decision on whether 3. For dispute resolution purposes, the English text of this corrective or other measures are needed, and if so, the measures Agreement shall be used. to be taken and the time-scale within which such measures shall be taken.

Article XVI Complementary provisions 3. Suspension or termination pursuant to paragraph 1 of this The provisions of any bilateral nuclear cooperation agreements Article shall be taken only if there has been failure to in force between Australia and Member States of the implement the corrective or other measures within the time Community shall be regarded as complementary to this determined by the Parties or, in the event of failure to find a Agreement and shall, where appropriate, be superseded by the solution, after the lapse of a reasonable period of time. In such provisions of this Agreement. cases, the supplier Party shall have the right to require the return of nuclear material, non-nuclear material, equipment and technology subject to this Agreement. Article XVII Amendments 1. The Parties may consult, at the request of either Party, on 4. In the event of detonation of a nuclear explosive device by possible amendments to this Agreement, particularly to take a non-nuclear weapon Member State of the Community or by account of international developments in the field of nuclear Australia, paragraphs 1 to 3 of this Article shall apply. safeguards. 2. This Agreement may be amended if the Parties so agree.

Article XV Consultation and arbitration 3. Any amendment shall enter into force on the date 1. At the request of either Party, representatives of the Parties specified by the Parties, by an exchange of diplomatic notes shall meet when necessary to consult with each other on between the Parties that their respective internal procedures matters arising out of the application of this Agreement, to necessary for its entry into force have been completed. supervise its operation and to discuss arrangements for cooperation additional to those provided in this Agreement. Such consultations may also take the form of an exchange of The Annex to this Agreement forms an integral part of this correspondence. Specifically, the Parties shall consult before the Agreement and may be amended in accordance with this commencement of new enrichment or reprocessing projects Article. relevant to nuclear material subject to this Agreement.

Article XVIII 2. Any dispute arising out of the interpretation or appli­ Entry into force and duration cation of this Agreement which is not settled by negotiation or as may otherwise be resolved between the Parties shall, on 1. This Agreement shall enter into force on the date of the the request of either Party, be submitted to an arbitral tribunal latter written notification that internal procedures necessary for which shall be composed of three arbitrators. Each Party shall its entry into force have been completed by the Parties. designate one arbitrator and the two arbitrators so designated shall elect a third, not a national of either Party, who shall be the Chairman. If within thirty days of the request for arbitration 2. This Agreement shall remain in force for an initial period either Party has not designated an arbitrator, the other Party to of thirty years. Thereafter this Agreement shall be automatically the dispute may request the President of the International Court renewed for additional periods of ten years, unless, at least six of Justice to appoint an arbitrator to the Party which has not months before the expiration of any such additional period, a designated an arbitrator. If within thirty days of the designation Party notifies the other Party by an exchange of diplomatic or appointment of arbitrators for both the Parties the third notes of its intention to terminate the Agreement. 1.2.2012 EN Official Journal of the European Union L 29/11 3. Notwithstanding the suspension, termination or expiration Australia and the European Atomic Energy Community of this Agreement or any cooperation hereunder for any reason, (Euratom) concerning Transfers of Nuclear Material of the obligations in Articles III, IV, V, VI, VII, VIII, IX, X, XI, XII 21 September 1981, done at Brussels on 8 September and XIII shall continue in effect so long as any nuclear material, 1993; non-nuclear material or equipment subject to these Articles remains in the territory of the other Party or under its juris­ diction or control anywhere or until it is mutually determined by the Parties in accordance with the provisions of Article IV (c) Exchange of Notes constituting an Implementing that such nuclear material is no longer usable, or is practicably Arrangement, concerning Plutonium Transfers, to the irrecoverable for processing into a form in which it is usable, Agreement between the Government of Australia and the for any nuclear activity relevant from the point of view of European Atomic Energy Community (Euratom) concerning safeguards. Transfers of Nuclear Material of 21 September 1981, done at Brussels on 8 September 1993; and 4. This Agreement replaces: (a) Agreement between the Government of Australia and the (d) Exchange of Notes constituting an Implementing European Atomic Energy Community concerning Transfers Arrangement between the Government of Australia and of Nuclear Material from Australia to the European Atomic the European Atomic Energy Community (Euratom) Energy Community, done at Brussels on 21 September concerning Plutonium Transfers under the Agreement 1981; between the Government of Australia and Euratom concerning Transfers of Nuclear Material from Australia to (b) Exchange of Notes constituting an Implementing Euratom, and accompanying Side Letter No 2, of Arrangement, concerning International Obligation 21 September 1981, and the Implementing Arrangement Exchanges, to the Agreement between the Government of concerning Plutonium Transfers of 8 September 1993. Done in duplicate at Canberra on 5 September 2011 in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each text being equally authentic. IN WITNESS WHEREOF, the undersigned, being duly authorised thereto have signed the present Agreement. For the European Atomic Energy Community For the Government of Australia J. M. BARROSO J. GILLARD L 29/12 EN Official Journal of the European Union 1.2.2012 ANNEX A REPROCESSING Whereas Article VIII of the Agreement provides that nuclear material subject to this Agreement (hereinafter referred to as NMSA) shall be reprocessed only according to conditions set out in this Annex. The Parties to this Agreement, Acknowledging that the separation, storage, transportation and use of plutonium require particular measures to reduce the risk of nuclear proliferation; Recognising the role of reprocessing in connection with efficient energy use, management of materials contained in spent fuel or other peaceful non-explosive uses including research; Desiring predictable and practical implementation of the agreed conditions set out in this Annex, taking into account both their determination to ensure the furtherance of the objective of non-proliferation and the long-term needs of the nuclear fuel cycle programmes of the Parties; Determined to continue to support the development of international safeguards and other measures relevant to reprocessing and plutonium, including measures to promote proliferation resistance and effective physical protection; HAVE AGREED AS FOLLOWS:

Article 1 NMSA may be reprocessed subject to the following conditions: (a) reprocessing shall take place for the purpose of energy use or management of materials contained in spent fuel, in accordance with the nuclear fuel cycle programme mutually determined through consultation between the competent authorities; (b) a description of any proposed nuclear fuel cycle programme, including details on the policy, legal and regulatory framework relevant to reprocessing and plutonium storage, use and transportation shall be provided by the Party envisaging such activities; (c) the recovered plutonium shall be stored and used in accordance with the nuclear fuel cycle programme referred to in paragraph (a) above; and (d) reprocessing and use of the recovered plutonium for other non-explosive peaceful purposes including research shall take place only under conditions mutually determined in writing between the Parties following consultations pursuant to Article 2 of this Annex.

Article 2 Consultations shall be held between the Parties within forty days of the receipt of a request from either Party: (a) to review the operation of the provisions of this Annex; (b) to consider amendments to the nuclear fuel cycle programme referred to in Article 1 of this Annex; (c) to consider improvements in international safeguards and other control techniques including the establishment of new and generally accepted international mechanisms relevant to reprocessing and plutonium; or (d) to consider proposals for reprocessing, use, storage and transportation of the recovered plutonium for other peaceful non-explosive purposes including research.