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

Article 1 The objective of this Agreement is to provide a framework for cooperation between the Parties in the peaceful uses of nuclear Article 3 energy with a view to strengthening the overall cooperation relationship between the Community and Uzbekistan on the basis of mutual benefit and reciprocity and without prejudice 1. The cooperation shall encourage and contribute to the to the respective powers of each Party. improvement of nuclear safety, including the definition and application of scientifically warranted and internationally accepted nuclear safety guidelines, as well as to the implemen-

Article 2 tation of the Convention on Nuclear Safety as far as the Parties are concerned. 1. The Parties may cooperate in the way as specified in Art- icles 3 to 7 below in the peaceful uses of nuclear energy in the following areas: 2. The cooperation shall be as broad as possible and involve the following areas: (a) nuclear safety (Article 3); (b) nuclear research and development in other areas than those (a) Radiation protection provided for under (a) above (Article 6); Research, regulatory aspects, development of safety stan- (c) trade in nuclear materials and provision of nuclear fuel dards, training and education. Particular attention shall be cycle services (Article 7); paid to low-dose effects, industrial exposure, forecasting of doses and personnel and post-accident management; (d) other relevant areas of mutual interest (Article 8). (b) Nuclear waste management 2. The cooperation referred to in this Article, as between the Parties, may also take place between authorised persons and Assessment and optimisation of geological disposal, and undertakings established in the Community and Uzbekistan. scientific aspects of the management of nuclear waste; L 269/10 EN Official Journal of the European Union 21.10.2003 (c) Research and development on safeguards of nuclear mate- CHAPTER III rial Development and evaluation of nuclear material measure- OTHER AREAS OF NUCLEAR RESEARCH AND DEVELOPMENT ment techniques and characterisation of reference materials for safeguards activities and development of the systems of accounting for and control of nuclear materials;

Article 6 (d) Prevention of illicit trafficking of nuclear and radioactive material 1. Cooperation under this chapter shall extend to nuclear Cooperation shall relate to the promotion of methods and research and development activities of mutual interest to the techniques of control of nuclear and radioactive material. Parties other than those provided for in Article 3, as agreed between the Parties, insofar as they are covered by respective research and development activities undertaken by the Parties. 3. Other areas of cooperation under this Chapter may be added as agreed between the Parties and as far as they can be implemented under their respective legislation. 2. The cooperation may include in particular the following areas: (a) applications of nuclear energy in the fields of medicine and industry, including generation of electricity;

Article 4 (b) interaction between nuclear energy and the environment; 1. The cooperation under this Chapter shall be implemented in particular through: (c) any other area of nuclear research and development as agreed between the Parties and as far as they can be imple- mented under their respective legislations. — exchange of technical information by means of reports, visits, seminars, technical meetings, etc., 3. The cooperation shall be implemented in particular — exchange of personnel between laboratories and/or bodies through: involved on both sides, including for training purposes, — exchange of technical information by means of reports, visits, seminars, technical meetings, etc., — exchange of samples, materials, instruments and apparatus for experimental purposes, — exchange of personnel between laboratories and/or bodies involved on both sides, including for training purposes, — balanced participation in joint studies and activities. — exchange of samples, materials, instruments and apparatus for experimental purposes, 2. To the extent necessary, implementing arrangements to set out the scope, terms and conditions to implement specific cooperation activities, may be entered into by the Parties and/ — balanced participation in joint studies and activities. or bodies which either Party may eventually entrust with the aforementioned activities. Such implementing arrangements 4. (a) To the extent necessary, the scope, terms and conditions may, inter alia, cover financing provisions, assignment of for cooperation in concrete projects will be laid down in management responsibilities and detailed provisions on disse- implementing arrangements, entered into by the Parties mination of information and intellectual property rights. acting through their competent institutions which will proceed according to their respective legislative and regulatory requirements. 3. In order to minimise duplication of efforts, the Parties shall endeavour to coordinate their activities under this Agree- ment with other international activities related to nuclear safety (b) Such implementing arrangements may, inter alia, cover in which they are participants. financing provisions, assignment of management responsibilities and detailed provisions on dissemination of information and intellectual property rights. (c) Costs resulting from cooperation activities shall be

Article 5 borne by the Party that incurs them, unless otherwise specifically agreed by the Parties. 1. Each Party's obligations under this Chapter shall be (d) Any nuclear transfers carried out pursuant to the coop- subject to the availability of the required funds. eration activities under this chapter shall be made in accordance with the relevant international and multilat- eral commitments of the Parties and of the Member 2. All costs resulting from this cooperation shall be borne States of the European Union in relation to peaceful uses by the Party that incurs them. of nuclear energy as listed in Article 7(5). 21.10.2003 EN Official Journal of the European Union L 269/11 CHAPTER IV 5. Transfers of nuclear material shall be subject to the following conditions: TRADE IN NUCLEAR MATERIALS AND PROVISION OF RELEVANT SERVICES (a) the nuclear material shall be used for peaceful purposes and not for any nuclear explosive device or for research on, or development of, any such device;

Article 7 (b) the nuclear material shall be subject: 1. Nuclear material transferred between the Parties, whether (i) in the Community, to the Euratom safeguards pursuant directly or through a third country, shall become subject to this to the Euratom Treaty and to the IAEA safeguards Agreement upon its entry into the territorial jurisdiction of the pursuant to the following safeguards agreements, as receiving Party, provided that the supplying Party has notified relevant, and as they may be revised and replaced, so the receiving Party in writing prior to, or at the time of, ship- long as coverage as required by the Non-proliferation ment, in accordance with procedures defined in an Administra- Treaty is provided for: tive Arrangement to be established by the appropriate authori- ties of the Parties. — the Agreement between the Community's non- nuclear weapon Member States, Euratom and the 2. Nuclear material referred to in paragraph 1 above shall IAEA, which entered into force on 21 February remain subject to the provisions of this Agreement until 1977 (published as INFCIRC/193), — it is determined in accordance with the provisions for the — the Agreement between France, Euratom and the termination of safeguards in the relevant agreement referred IAEA, which entered into force on 12 September to in paragraph 5(e), that it is no longer usable for any 1981 (published as INFCIRC/290), nuclear activity relevant from the point of view of safe- guards, or has become practicably irrecoverable, — the Agreement between the United Kingdom, Euratom and the IAEA, which entered into force on 14 August 1978 (published as INFCIRC/263), — it has been transferred beyond the jurisdiction of the reci- pient Party in accordance with paragraph 5(e), or supplemented in due course by Additional Protocols concluded on 22 September 1998 on the basis of the — the Parties agree that it should no longer be subject to this document published as INFCIRC/540 (Model Protocol Agreement. Additional to the Agreement(s) between State(s) and the IAEA for the Application of Safeguards); 3. Trade in nuclear materials and provision of relevant services between the Parties shall be carried out at market- (ii) in Uzbekistan, to the safeguards agreement concluded related prices. with the IAEA in implementation of Article III.(1) and (4) of the NPT, which entered into force on 8 October 1994 (published as INFCIRC/508); supplemented by an Additional Protocol concluded on 22 September 1998, 4. (a) The Parties shall try to avoid conflict situations requiring on the basis of the document published as INFCIRC/ commercial safeguard measures in their mutual trade in 540 (Model Protocol Additional to the Agreement(s) nuclear materials. If problems nevertheless arise in their between State(s) and the IAEA for the Application of mutual trade in nuclear materials which would seriously Safeguards), as well as to the legislation of Uzbekistan; jeopardise the viability of the nuclear industry, including uranium mining, of the Community or Uzbekistan, either Party may request consultations which shall be held as soon as possible in the framework of an ad hoc (c) in the event of the application of any of the Agreements Committee. with the IAEA referred to in paragraph (b) above being suspended or terminated for any reason within the (b) If no mutually acceptable solution to these problems Community or Uzbekistan, the relevant Party shall enter can be found in the consultations, the Party having into an agreement with the IAEA which provides for effec- requested the consultations may take the appropriate tiveness and coverage equivalent to that provided by the commercial safeguard measures to solve them or miti- safeguards agreements referred to in paragraphs (b)(i) or gate their effects in accordance with its internal legisla- (b)(ii), or, if that is not possible, tion and with the relevant principles of international law. the Community, as far as it is concerned, shall apply safe- (c) The implementation of subparagraphs (a) and (b) above guards based on the Euratom safeguards system, which shall be without prejudice to the Euratom Treaty and provides for effectiveness and coverage equivalent to that secondary legislation thereunder, as well as to the legis- provided by the safeguards agreements referred to in para- lation of Uzbekistan. graph (b)(i) or, if that is not possible, L 269/12 EN Official Journal of the European Union 21.10.2003 the Parties shall enter arrangements for the application of CHAPTER V safeguards, which provide for effectiveness and coverage equivalent to that provided by the safeguards agreements OTHER AREAS OF MUTUAL INTEREST referred to in paragraphs (b)(i) or (b)(ii); (d) application of physical protection measures at levels which Article 8 satisfy as a minimum the criteria set out in Annex C to IAEA document INFCIRC/254/Rev.5/Part 1 (Guidelines for Nuclear Transfers) as it may be revised; supplementary to 1. The Parties may agree within the scope of their respective this document, the Member States of the Community, the competences to cooperation in other activities in the field of European Commission, as appropriate, and Uzbekistan will nuclear energy. refer when applying physical protection measures to the recommendations in IAEA document INFCIRC/225/Rev.4 (Physical Protection of Nuclear Material and Nuclear Facil- 2. On the Community's side, the activities would have to be ities) as it may be revised. International transport shall be covered by relevant programmes of action and correspond to subject to the provisions of the International Convention the conditions specified for it, e.g. in areas such as the safe on the Physical Protection of Nuclear Material (IAEA docu- transport of nuclear material, safeguards or industrial coopera- ment INFCIRC/274/Rev.1), as it may be revised and tion to promote certain aspects of the safety of nuclear installa- accepted by the Parties and the Member States of the tions. Community and to the IAEA Regulations for the Safe Transport of Radioactive Materials (IAEA Safety Standards 3. The provisions of Article 6(4) are equally applicable. Series TS-R-1/ST-1, Revised), as they may be revised; (e) retransfers of any items subject to this Article outside the jurisdiction of the Parties shall only be made under the conditions of the Guidelines for Nuclear Transfers, as set CHAPTER VI out in IAEA document INFCIRC/254/Rev.5/Part 1, as it may be revised. GENERAL PROVISIONS 6. (a) The Parties shall facilitate nuclear trade between them- Article 9 selves or between authorised persons or undertakings established in the respective territories of the Parties in the mutual interest of producers, the nuclear fuel cycle Cooperation under this Agreement shall be in accordance with industry, utilities and consumers. the laws and regulations in force within the Community and Uzbekistan as well as with the international agreements entered into by the Parties. In the case of the Community the applicable law includes the Euratom Treaty and secondary legislation (b) Authorisations, including export and import licences as thereunder. well as authorisations or consents to third parties, relating to trade, industrial operations or nuclear mate- rial movements on the territories of the Parties shall not be used to restrict trade or hinder the commercial inter- ests of either Party on the peaceful use of nuclear energy Article 10 both internationally and domestically. The relevant authority shall act upon applications for such authorisa- The utilisation and diffusion of information and intellectual tions as soon as possible after submission and without property rights, patents and copyrights connected with the unreasonable expense. Appropriate administrative provi- cooperation activities under this Agreement shall be in accor- sions shall be in place to ensure respect of this provi- dance with the Annexes, which form an integral part of this sion. Agreement. (c) Provisions of this Agreement shall not be used to impede the free movement of nuclear material within Article 11 the territory of the Community. 1. The Parties will hold regular consultations within the PCA framework to monitor the cooperation under this Agreement unless the Parties foresee specific consultation mechanisms. 7. Notwithstanding the suspension or termination of this Agreement for any reason, paragraph 5 shall continue to apply so long as any nuclear material subject to these provisions 2. Any dispute relating to the application or interpretation remains under the jurisdiction of either Party or until a deter- of this Agreement may be dealt with according to Article 90 of mination is made in accordance with paragraph 2 above. the PCA. 21.10.2003 EN Official Journal of the European Union L 269/13

Article 12 Article 13 For the purpose of this Agreement: 1. The Agreement shall enter into force on the date the (a) ‘nuclear material’ means any source material or special Parties, through an exchange of diplomatic notes, specify its fissionable material as those terms are defined in Article XX entry into force and shall remain in force for an initial period of the Statute of the IAEA; of five years. (b) ‘Community’ means both: (i) the legal person created by the Treaty establishing the 2. Thereafter this Agreement shall be automatically renewed European Atomic Energy Community, Party to this for five-year periods, unless either Party, by written notice, Agreement; requests the termination or renegotiation of the Agreement not (ii) the territories to which this same Treaty applies; later than six months prior to the expiry date. (c) ‘appropriate authorities of the Parties’ means: (i) for the Community, the European Commission; 3. If either Party or any Member State of the Community (ii) for Uzbekistan, the Cabinet of Ministers of the Republic violates any of the material provisions of this Agreement, the of Uzbekistan; other Party may, on giving written notice to that effect, suspend or terminate cooperation under this Agreement in or such other authority as the Party concerned may at any whole or in part. Before either Party takes action to that effect time notify to the other Party. the Parties shall consult with a view to reaching agreement on the corrective measures to be taken and on the timescale within which such measures shall be taken. Such action shall be taken Article 14 only if there has been failure to take the agreed measures within the agreed time or, in the event of failure to reach agree- This Agreement shall be drawn up in duplicate in the Danish, ment as provided in the foregoing paragraph, after the lapse of German, Greek, Spanish, French, Italian, Dutch, English, a reasonable period of time having regard to the nature and Finnish, Portuguese, Swedish and Uzbek languages, each text gravity of the violation. being equally authentic. Hecho en Bruselas, el seis de octubre de dos mil tres. Udfærdiget i Bruxelles, den sjette oktober to tusind og tre. Geschehen zu Brüssel am sechsten Oktober zweitausendunddrei. Έγινε στις Βρυξέλλες, στις έξι Οκτωβρίου δύο χιλιάδες τρία. Done at Brussels on the sixth day of October in the year two thousand and three. Fait à Bruxelles, le six octobre deux mille trois. Fatto a Bruxelles, addì sei ottobre duemilatre. Gedaan te Brussel, de zesde oktober tweeduizenddrie. Feito em Bruxelas, em seis de Outubro de dois mil e três. Tehty Brysselissä kuudentena päivänä lokakuuta vuonna kaksituhattakolme. Som skedde i Bryssel den sjätte oktober tjugohundratre. Ym6y EHTHM Ep10cceJ\Aa, 2003 HHAHHHr 6 0KTx6pHAa TY3HMa!l. L 269/14 EN Official Journal of the European Union 21.10.2003 Por la Comunidad Europea de la Energía Atómica På vegne af Det Europæiske Atomenergifællesskab Für die Europäische Atomgemeinschaft Για την Ευρωπαϊκή Κοινότητα Ατοµικής Ενέργειας For the European Atomic Energy Community Pour la Communauté européenne de l'énergie atomique Per la Comunità europea dell'energia atomica Voor de Europese Gemeenschap voor atoomenergie Pela Comunidade Europeia da Energia Atómica Euroopan atomienergiayhteisön puolesta För Europeiska atomenergigemenskapen ATOM 3HeprM5.ICM 6y.awrn EBpona X,aMJKaMM5.ITM HOMMAaH Por el Gobierno de la República de Uzbekistán På vegne af Republikken Usbekistans regering Für die Regierung der Republik Usbekistan Για την κυβέρνηση της ∆ηµοκρατίας του Ουζµπεκιστάν For the Government of the Republic of Uzbekistan Pour le gouvernement de l'Ouzbékistan Per il governo della Repubblica di Uzbekistan Voor de regering van de Republiek Oezbekistan Pelo Governo da República do Usbequistão Uzbekistanin tasavallan hallituksen puolesta För Republiken Uzbekistans regering Y36eKMCTOH Pecrry6AMKacM X.YKYMaTM HOMlfAaH 21.10.2003 EN Official Journal of the European Union L 269/15

ANNEX I Guidelines on the allocation of intellectual property rights (1) resulting from joint research under the Agree- ment for cooperation in the peaceful uses of nuclear energy between the European Atomic Energy Community and the Government of the Republic of Uzbekistan 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) (2) 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 responsible funding agency or department of the Party involved in financing the research, before the conclusion of the specific research and development cooperation contracts to which they are attached. The TMPs shall be developed taking into account the aims of the joint research, the relative contributions of the parti- cipants, 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. 2. Information or IP created in the course of joint research and not addressed in the TMP 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 have the rights 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 are exercised in such a way as to encourage in parti- cular: (i) the dissemination and use of information created, disclosed, or otherwise made available, under the Agree- ment; (ii) the adoption and implementation of international standards. II. COPYRIGHT WORKS Under this Agreement, copyright belonging to the Parties or to their participants shall be accorded treatment consis- tent with the Bern Convention (1971 Paris Act). III. 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 proce- dures 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 the 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 these provisions 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 cooperative support of the Parties. (1) Definitions of the concepts referred to in these guidelines are set out in Annex II. (2) The indicative features of such TMPs are set out in Annex III. L 269/16 EN Official Journal of the European Union 21.10.2003 IV. UNDISCLOSED INFORMATION A. Doc u me ntar y u ndi sclosed i nfor mati on 1. 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 configura- tion 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. 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 due 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 ensuing privileged nature is readily recognisable as such by the other Party, for example by means of an appropriate marking or restric- tive 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 the owner without restriction to experts in the field discloses this information. 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 authorised for the specific purposes of the joint research under way, provided that any un- disclosed information so disseminated shall be pursuant to an agreement of confidentiality and shall be readily recognisable 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 para- graph 3 above. 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. B. Non- doc u men t a r y un di sc lose d i n for ma t i on 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 docu- mentary information in the Agreement, provided, however, that the recipient of such undisclosed or other confi- dential or privileged information has been made aware of the confidential character of the information commu- nicated at the time such communication is made. C. Con trol Each Party shall 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. 21.10.2003 EN Official Journal of the European Union L 269/17

ANNEX II Definitions 1. ‘INTELLECTUAL PROPERTY’: shall have the meaning given 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 project under this Agreement. 3. ‘JOINT RESEARCH’: research development and/or funded by the joint contributions of the Parties and with collabora- tion 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.

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 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.