Agreement for cooperation between the European Atomic Energy and the Cabinet of Ministers of Ukraine in the field of nuclear safety

Article 1 (a) Nuclear reactor safety research Cooperation under this Agreement shall be for peaceful Review and analysis of safety issues and particularly the purposes only and shall be conducted on the basis of mutual impact of nuclear reactor safety on nuclear power develop- benefit. It shall encourage and contribute to the improvement ment; identification of appropriate techniques to improve of nuclear safety, including the definition and application of nuclear reactor safety through research and development scientifically warranted and internationally accepted nuclear and evaluation studies on nuclear reactors in operation and safety guidelines. planned. (b) Radiation protection

Article 2 Research, regulatory aspects, development of safety stan- dards, training and education, particular attention shall be paid to low-dose effects, industrial exposures, forecasting of Cooperation shall be as broad as possible and involve the doses for population and personnel and post-accident following areas: management. L 322/34 EN Official Journal of the European Communities 27.11.2002 (c) Nuclear waste management 3. The financing of industrial activities shall be excluded from the scope of this Agreement. Assessment and optimisation of geological disposal, and scientific aspects of the management of long-lived waste.

Article 5 (d) Decommissioning, decontamination and dismantling of nuclear installations 1. In so far as the Community is concerned, this Agreement shall apply to the territories in which the Treaty establishing Strategies for decommissioning and dismantling nuclear the European Atomic Energy Community applies. installations, including radiological aspects. (e) Research and development on safeguards of nuclear 2. Cooperation under this Agreement shall be in accordance material with the laws and regulations in force as well as with the inter- national agreements entered into by the Parties. Development and evaluation of nuclear material measure- ment techniques and characterisation of reference materials 3. Each Party shall use its best endeavours, within the frame- for safeguards activities and development of the systems of work of the laws and regulations applicable, to facilitate the accounting for and control of nuclear materials. accomplishment of formalities involved in the movement of persons, the transfer of materials and equipment and the (f) Prevention of illicit trafficking of nuclear material transfer of currency required to conduct the cooperation. Cooperation shall relate to the promotion of methods and techniques of control of nuclear material. Article 6 Other areas of cooperation may be added in accordance with The utilisation and diffusion of information and intellectual procedures in force on each side. property rights including industrial property rights, patents and copyrights connected with the cooperation activities under this Agreement shall be in accordance with the Annexes, which

Article 3 form an integral part of this Agreement. 1. The cooperation shall be implemented in particular Article 7 through: — exchange of technical information by means of reports, The Parties shall endeavour to settle all questions connected visits, seminars, technical meetings, etc., with this Agreement through consultations between them- selves. — exchange of personnel between laboratories and/or bodies involved on both sides, including for training purposes,

Article 8 — exchange of samples, materials, instruments and apparatus for experimental purposes, 1. A Coordinating Committee consisting of members appointed in equal number by the two Parties shall be estab- — balanced participation in joint studies and activities. lished to supervise the implementation of this Agreement. 2. To the extent necessary, implementing arrangements to 2. The Coordinating Committee shall meet as needed, alter- set out the scope, terms and conditions to implement specific nately in the Community and in Ukraine, for regular sessions cooperation activities, may be entered into by the Parties and/ in order to: or by bodies which either Party may eventually entrust with — review and assess the state of cooperation under this Agree- the aforementioned activities. ment and prepare annual reports thereon, Such implementing arrangements may, inter alia, cover finan- — determine by mutual agreement the specific tasks to be cing provisions, assignment of management responsibilities and undertaken under this Agreement, without prejudice to the detailed provisions on dissemination of information and intel- taking of autonomous decisions by the Parties on their lectual property rights. respective programmes. 3. In order to minimise duplication of efforts, the Parties 3. If mutually agreeable, extraordinary sessions may be held shall endeavour to coordinate their activities under this Agree- for dealing with particular topics, or in particular circum- ment with other international activities related to nuclear safety stances. in which they are participants.

Article 9

Article 4 1. This Agreement shall enter into force on the date on which the Parties exchange diplomatic notes informing each 1. Each Party's obligations under this Agreement shall be other that their respective internal procedures necessary for its subject to the availability of the required funds. entry into force have been completed and shall remain in force for an initial period of 10 years (1). 2. All costs resulting from cooperation shall be borne by the Party that incurs them. (1) This agreement shall enter into force on 13 November 2002. 27.11.2002 EN Official Journal of the European Communities L 322/35 2. Thereafter, this Agreement shall be automatically renewed Article 10 for five-year periods, unless either Party, by written notice, requests its termination or renegotiation not later than six 1. This Agreement may be amended by mutual written months prior to the expiry date. agreement of the Parties, in accordance with their respective laws and regulations. Amendments shall form an integral part of this Agreement. 2. In the event of amendment, termination or renegotiation, 3. This Agreement may be terminated at any time by either this Agreement shall remain in force in its previous form with Party upon six month's written notice. respect to cooperation activities effectively entered into prior to the entry into force of the amendment or prior to the request for termination or renegotiation until the end of such activities and relative implementing arrangements but not more than for 4. Termination of this Agreement shall not affect rights and one calendar year after the expiry of this Agreement in its obligations under Article 6. previous form. Done at Kiev on 23 July 1999 in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish and Ukrainian languages, each text being equally authentic. L 322/36 EN Official Journal of the European Communities 27.11.2002 Por la Comunidad Europea de la Energía Atómica På Det Europæiske Atomenergifællesskabs vegne 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 På Europeiska atomenergigemenskapens vägnar Biu €BporreHCbKOl CfILJII,HOTH no aTOMHiH eHeprit Por el Consejo de Ministros de Ucrania På vegne af Ukraines ministerkabinet Für das Ministerkabinett der Ukraine Για το Υπουργικό Συµβούλιο της Ουκρανίας For the Cabinet of Ministers of Ukraine Pour le Cabinet des ministres de l'Ukraine Per il Consiglio dei ministri dell'Ucraina Voor de Ministerraad van Oekraïne Pelo Gabinete de Ministros da Ucrânia Ukrainan hallituksen puolesta På Ukrainas regerings vägnar Bi.u Ka6iHery MiHiCTpiB YKpatHl! 27.11.2002 EN Official Journal of the European Communities L 322/37

ANNEX I GUIDING PRINCIPLES ON THE ALLOCATION OF INTELLECTUAL PROPERTY RIGHTS (*) RESULTING FROM JOINT RESEARCH UNDER THE AGREEMENT FOR COOPERATION BETWEEN THE EUROPEAN ATOMIC ENERGY COMMUNITY AND THE CABINET OF MINISTERS OF UKRAINE IN THE FIELD OF NUCLEAR SAFETY 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) (**) 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. The rights and obligations concerning the research generated by visiting researchers in respect of IP shall also be addressed in the joint technology management plans. 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 to IP allocated to them in accor- dance 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 Copyright belonging to the Parties or to their participants shall be accorded treatment consistent with the Berne 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 this 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. (*) Definitions of the concepts referred to in these guiding principles are set out in Annex II. (**) The indicative features of such TMPs are set out in Annex III. L 322/38 EN Official Journal of the European Communities 27.11.2002 IV. UNDISCLOSED INFORMATION A. Documentary undisclosed information 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 the 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 this information is disclosed by the owner without restriction to experts in the field. 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 undisclosed 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-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 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. Control 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. 27.11.2002 EN Official Journal of the European Communities L 322/39

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 project under this Agreement. 3. JOINT RESEARCH: research implemented 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.