Taipei, July 30th, 1994
Dear Mr Chairman:
I have the honor to propose the measures specified herewith for
organizing the exchange of information and cooperation in the f-
ield of nuclear safety between the relevant organizations repre-
sented, respectively, by the French Institute in Taipei (I.F.T.)
, and the Atomic Energy Council, Taipei (A.E.C.) (refered to as
<the Parties>)
1.SCOPE OF ARRANGEMENT
The Parties agree to exchapge the following types of technical
information relating to the technical safety of nuclear facilit-
ies designated by mutual Consent and the related regulation to
be met:
(1) Topical reports concerning technical safety written by or f-
or either organisation as a basis for, or in support of, re-
gulatory decisions and policies.
(2) Documents relating to significant procedures and safety-rel-
ated decisions affecting designated nuclear facilities.
(3) Detailed documents describing the procedures used to license
and regulate certain facilities.
(4) Reports about operating experience, including reports on nu-
clear incidents, accidents and shutdowns, and compilation of
historical and reliability data of components and systems.
(5) Regulatory procedures forthe safety of designated nuclear f-
acilities.
(6) Copies of regulatory standards to be used or proposed for u-
se by both organisations.
(7) Fast notification of important events, such as serious oper-
ating incidents, reactor shutdowns ordered by regulatory au-
thorities and events that are of immediate interest for both
organisations.
(8) Information on intervention levels in case of emergency and
on classifications of emergency measures.
(9) Information on emergency planning, regulation and intervent-
ion bodies in emergency situations.
2.ADMINISTRATION
2.1 The exchange of information under this Arrangement will be
accomplished through letters, reports, and other documents,
and by visits and meetings arranged in advance. A meeting w-
ill be held periodically to review the exchange of informat-
ion, to recommend revisions to the provisions of the Arrang-
ement. The time, place, and agenda for such meetings shall
be agreed upon in advance.
2.2 An administrator will be designed by each Party to coordina-
te its participation in the overall exchange. The administr-
ators shall be the recipients of all documents transmitted
under the exchange, including copies of all letters unless
otherwise agreed. Within the terms of the exchange, the adm-
inistrators shall be responsible for developing the scope of
the exchange, including agreement on the designation of the
nuclear energy facilities subject to the exchange, and on s-
pecific documents and standards to be exchanged.
2.3 The application or use of any information exchanged or tran-
sferred between the Parties under this Arrangement shall be
the responsibility of the receiving Party, and transmitting
Party does not warrant the suitability of such information
for any particular use or application.
2.4 Recognizing that some information of the type covered in th-
is Arrangement is not available within the Parties to this
Arrangement, but is available from other agencies, each Par-
ty will assist the other to the maximum extent possible by
organizing visits and directing inquires concerning such in-
formation to the appropriate agencies concerned. The forego-
ing shall not constitute a commitment of other agencies to
furnish such information or to receive such visitors.
3.EXCHANGE AND USE OF INFORMATION
3.1 General
In general, information received by each Party to the Arran-
gement may be disseminated freely without further permission
of the other Party, subject to the need to protect propriet-
ary or other confidential or privileged information as may
be exchanged hereunder.
3.2 Definitions(as used in this Arrangement)
(1) The term <information> means nuclear energy related regulat-
ory, safety, waste management, scientific, or technical data
, including information on results or methods of assessment,
research, and any other knowledge intended to be provided or
exchanged under this Arrangement.
(2) The term <proprietary informationl (in French, <information
privilegi'ee>) means information made available under this
Arrangement which contains trade secrets or other privileged
or confidential commercial information.
(3) The term <other confidential or privileged information> mea-
ns information, other than <proprietary information> which
is protected from public disclosure under the laws and regu-
lations applicable to the Party providing the information or
by a decision in keeping with the policy directives of the
Party providing this information and which has been transmi-
tted and received in confidence.
3.3 Marking Procedures for Documentary Proprietary Information
(1) A Party receiving documentary proprietary information pursu-
ant to this Arrangement shall respect the privileged nature
thereof, provided such proprietary information is clearly m-
arked with a restrictive legend.
(2) This restricitive legend shall be respected by the receiving
Party and proprietary information bearing this legend shall
not be used for commercial purposes, made public, or dissem-
inated in any manner unspecified by or contrary to the terms
of this Arrangement without the consent of the transmitting
Party.
3.4 Dissemination of Documentary Proprietary Information
(1) In general, proprietary information received under this Arr-
angement may be freely disseminated by the receiving Party
without prior consent to persons within or employed by the
receiving Party, and to concerned departments and agencies
of the authorities of the receiving Party.
(2) With the prior written consent of the Party furnishing prop-
rietary information under this Arrangement, the receiving P-
arty may disseminate such proprietary information more wide-
ly than otherwise permitted in the previous subsection. The
Parties shall cooperate to the possible Extent in developing
procedures for requesting and obtaining approval for such w-
ider dissemination.
3.5 Marking Procedures for Other Confidential or Rivileged info-
rmation of a Documentary Nature A Party receiving under this
Arrangement other confidential or privileged information sh-
all respect its confidential nature, provided such informat-
ion is clearly marked so as to indicate its confidential or
privileged nature.
3.6 Dissemination of Other Confidential or Privileged Informati-
on of a Documentary Nature Other confrdential or privileged
information may be disseminated in the same manner as that
set forth in paragraph 3.4, Dissemination of Documentary Pr-
oprietary Information, provided that any dissemination of c-
onfidential or privileged information shall be on needed ca-
se-by-case basis, shall be pursuant to an arrangement on co-
nfidentiality, and shall be marked with a restrictive legend
similar to that appearing in 3.3 above.
3.7 Non-Documentary Proprietary or othr Confidential or Privile-
ged Information
Non-Documentary proprietary or other confidential or privil-
eged information provided in seminars and other meetings or-
ganized under this Arrangement, or information arising from
the attachments of staff, use of facilities, or joint proje-
cts, shall be treated by the Parties according to the princ-
iples specified for documentary information in this Arrange-
ment. Provided, however, that the party communicating such
proprietary or other confidential or privileged information
has placed the recipient on notice as to the character of t-
he information communicated.
3.8 Other
Nothing contained in this Arrangement shall preclude a Party
from using or disseminating information received without re-
striction by a Party from sources outside of this Arrangeme-
nt.
If the content of this letter is acceptable to you, this le-
tter and yourreply expressing your acceptance, shall consti-
tute an arrangement between our two organizations which sha-
ll enter into force on the date of your reply.
This arrangement shall remain in force for five years unless
extended by written notice of the parties.
This arrangement may be terminated by either party upon nin-
ety days written notice to the other party.
Sincerely yours,
[Signed]
Jean-Paul REAU
Director of the French Institute
July 30, 1994
Mr. Jean-Paul REAU, Director
The French Institute in Taipei
Suite 1003 Bank Tower
205 Tun Hwa North Road
Taipei, Taiwan
Republic of China
Dear Mr. Reau:
I have the honor to acknowledge receipt of your letter dated Ju-
ly 30, 1994 which reads as follows:
"I have the honor to propose the measures specified herewith for
organizing the exchange of information and cooperation in the f-
ield of nuclear safety between the relevant organizations repre-
sented, respectively, by the French Institute in Taipei (I.F.T),
and the Atomic Energy Council, Taipei (A.E.C) (referred to as "
the Parties")
1.SCOPE OF ARRANGEMENT
The Parties agree to exchange the following types of technical
information relating to the technical safety of nuclear facilit-
ies designated by mutual Consent and the related regulation to
be met:
(1) Topical reports concerning technical safety written by or f-
or either organisation as a basis for, or in support of, re-
gulatory decisions and policies.
(2) Documents relating to significant procedures and safety-rel-
ated decisions affecting designated nuclear facilities.
(3) Detailed documents describing the procedures used to license
and regulate certain facilities.
(4) Reports about operating experience, including reports on nu-
clear incidents, accidents and shutdowns, and compilation of
historical and reliability data of components and systems.
(5) Regulatory procedures for the safety of designated nuclear
facilities.
(6) Copies of regulatory standards to be used or proposed for u-
se by both organisations.
(7) Fast notification of important events, such as serious oper-
ating incidents, reactor shutdowns ordered by regulatory au-
thorities and events that are of immediate interest for both
organisations.
(8) Information on intervention levels in case of emergency and
on classifications of emergency measures.
(9) Information on emergency planning, regulation and intervent-
ion bodies in emergency situations.
2.ADMINISTRATION
2.1 The exchange of information under this Arrangement will be
accomplished through letters, reports, and other documents,
and by visits and meetings arranged in advance. A meeting w-
ill be held periodically to review the exchange of informat-
ion, to recommend revisions to the provisions of the Arrang-
ement. The time, place, and agenda for such meetings shall
be agreed upon in advance.
2.2 An administrator will be designated by each Party to coordi-
nate its participation in the overall exchange. The adminis-
trators shall be the recipients of all documents transmitted
under the exchange, including copies of all letters unless
otherwise agreed. Within the terms of the exchange, the adm-
inistrators shall be responsible for developing the scope of
the exchange, including agreement on the designation of the
nuclear energy facilities subject to the exchange, and on s-
pecific documents and standards to be exchanged.
2.3 The application or use of any information exchanged or tran-
sferred between the Parties under this Arrangement shall be
the responsibility of the receiving Party, and transmitting
Party does not warrant the suitability of such information
for any particular use or application.
2.4 Recognizing that some information of the type covered in th-
is Arrangement is not available within the Parties to this
Arrangement, but is available from other agencies, each Par-
ty will assist t he other to the maximum extent possible by
organizing visits and directing inquires concerning such in-
formation to the appropriate agencies concerned. The forego-
ing shall not constitute a commitment of other agencies to
furnish such information or to receive such visitors.
3.EXCHANGE AND USE OF INFORMATION
3.1 General
In general, information received by each Party to the Arrangeme-
nt may be disseminated freely without further permission of the
other Party, subject to the need to protect proprietary or other
confidential or privileged information as may be exchanged here-
under.
3.2 Definitions (as used in this Arrangement)
(1) The term "information" means nuclear energy related regulat-
ory, safety, waste management, scientific, or technical data
, including information on results or methods of assessment,
research, and any other knowledge intended to be provided or
exchanged under this Arrangement.
(2) The term "proprietary information" (in French, "information
privilegiees" means information made available under this a-
rrangement which contains trade secrets or other privileged
or confidential commercial information.
(3) The term "other confidential or privileged information" mea-
ns information, other than "proprietary information" which
is protected from public disclosure under the laws and regu-
lations applicable to the Party providing the information or
by a decision in keeping with the policy directives of the
Party providing this information and which has been transmi-
tted and received in confidence.
3.3 Marking Procedures for Documentary Proprietary Information
(1) A Party receiving documentary proprietary information pursu-
ant to this Arrangement shall respect the privileged nature
thereof, provided such proprietary information is clearly m-
arked with a restrictive legend.
(2) This restrictive legend shall be respected by the receiving
Party and proprietary information bearing this legend shall
not be used for commercial purposes, made public, or dissem-
inated in any manner unspecified by or contrary to the terms
of this Arrangement without the consent of the transmitting
Party.
3.4 Dissemination of Documentary Proprietary Information
(1) In general, proprietary information received under this Arr-
angement may be fieely disseminated by the receiving Party
without prior consent to persons within or employed by the
receiving Party, and to concerned departments and agencies
of the authorities of the receiving Party.
(2) With the prior written consent of the Party furnishing prop-
rietary information under this Arrangement, the receiving P-
arty may disseminate such proprietary information more wide-
ly than otherwise permitted in the previous subsection. The
Parties shall cooperate to the possible extent in developing
procedures for requesting and obtaining approval for such w-
ider dissemination.
3.5 Marking procedures for Other Confidential or Privileged Inf-
ormation of a Documentary Nature.
A Party receiving under this Arrangement other confidential
or privileged information shall respect its confidential na-
ture, provided such information is clearly marked so as to
indicate its confidential or privileged nature.
3.6 Dissemination of Other Confidential or Privileged Informati-
on of a Documentary Nature Other confidential or privileged
information may be disseminated in the same manner as that
set forth in paragraph 3.4, Dissemination of Documentary Pr-
oprietary Information, provided that any dissemination of c-
onfidential or privileged information shall be on needed ca-
se-by-case basis, shall be pursuant to an arrangement on co-
nfidentiality, and shall be marked with a restrictive legend
similar to that appearing in 3.3 above.
3.7 Non-Documentary Proprietary of other Confidential or Privil-
eged Information
Non-documentary proprietary of other confidential or privil-
eged information provided in seminars and other meetings or-
ganized under this Arrangement, or information arising from
the attachments of staff, use of facilities, or joint proje-
cts, shall be treated by the Parties according to the princ-
iples specified for documentary information in this Arrange-
ment; provided, however, that the party communicating such
proprietary or other confidential or privileged information
has placed the recipient on notice as to the character of t-
he information communicated.
3.8 Other
Nothing contained in this Arrangement shall preclude a Party
from using or disseminating information received without re-
striction by a Party from sources outside of this Arrangeme-
nt.
If the content of this letter is acceptable to you, this le-
tter and your reply expressing your acceptance, shall const-
itute an arrangement between our two organizations which sh-
all enter into force on the date of your reply.
This arrangement shall remain in force for five years unless
extended by written notice of the parties.
This arrangement may be terminated by either party upon nin-
ety days written notice to the other party."
In reply I have the honor to accept, on behalf of our Counc-
il, the foregoing understandings and to confirm that the af-
oresaid letter and this reply shall constitute an agreement
between the Institute and the Council.
Sincerely yours,
[Signed]
Yih-Yun Hsu, Ph.D.
Chairman