AGREEMENT FOR THE EXCHANGE OF SCIENTIFIC AND TECHNICAL INFORMAT-
ION ON NUCLEAR INSTALLATION DECOMMISSIONING PROJECTS
Belgoprocess and the Centre d'etude de l'energie nucleaire (CEN/
SCK) (Belgium), Atomic Energy of Canada Limited (Canada), the
Commissariat a l'Energie Atomique (CEA), COGEMA, CODEM and Elec-
tricite de France (EDF) (France), Forschungszentrum Karlsruhe
GmbH (FKZ), Energiewerke Nord GmbH, WAK GmbH and AVR (Federal
Republic of Germany), SOGIN (Italy), the Japan Atomic Energy Re-
search Institute (JAERI) and the Japan Nuclear Cycle Development
Institute (JNC), JAPCO and RANDEC (Japan), the Korea Atomic Ene-
rgy Research Institute (KAERI) (Korea), the SE-VYZ (Slovak Repu-
blic), the Centro de Investigaciones Energeticas, Medioambienta-
les y Technologicas (CIEMAT) and the Empresa National de Residu-
os Radiactivos S.A. (ENRESA) (Spain), the Svensk Karnbranslehan-
tering AB (SKB) (Sweden), the Institute of Nuclear Energy resea-
rch (INER) (Chinese Taipei), the United Kingdom Atomic Energy
Authority (UKAEA) and the British Nuclear Fuels (BNFL) PLC (Uni-
ted Kingdom) (hereinafter referred to as the "Participants");
CONSIDERING that Article 5 of the Statute of the OECD Nuclear
Energy Agency (NEA) requires the NEA, where appropriate, to pro-
mote the formation of joint undertakings for the production and
uses of nuclear energy for peaceful purposes, endeavouring to
secure the participation of the greatest possible number of cou-
ntries;
CONSIDERING that the NEA has promoted the formation of a joint
undertaking for the exchange of scientific and technical inform-
ation on the decommissioning of nuclear installations (hereinat-
fter referred to as "CPD");
CONSIDERING that the objective of the CPD is to acquire informa-
tion from operational experience in decommissioning nuclear ins-
tallations that is useful for future projects, it being acknowl-
edged that such information can be more effectively obtained,
collected and analysed through the sharing of scientific and te-
chnical knowledge drawn from a number of current decommissioning
projects;
CONSIDERING that several Participants entered into an Agreement,
in September 1985, to carry out the CPD, therein referred to as
the "Co-operative Programme", over an initial period of five (5)
years (hereinafter called the "Original Agreement:");
CONSIDERING that the term of the Original Agreement has been ex-
tended, pursuant to the provisions of Article 9(b) thereof, so
that its current expiration date is 31 December 2005;
CONSIDERING that several Participants which did not enter into
the Original Agreement when it was first adopted in 1985 have
subsequently entered into that Agreement pursuant to the provis-
ions of Article 8 thereof;
CONSIDERING that as of October 2003, Belgoprocess, the Centre
d'etude de l'energie nucleaire (CEN/SCK) (Belgium), Atomic Ener-
gy of Canada Limited (Canada), the Commissariat a l'Energie Ato-
mique (CEA), COGEMA, CODEM, and Electricite de France (France),
Forschungszentrum Karlsruhe GmbH (FKZ), Energiewerke Nord GmbH,
WAK GmbH, AVR (Germany), the Comitato Nazionale per la Ricerca e
per lo Sviluppo dell' Energia Nucleare e delle Energie Alternat-
ive, the Ente Nazionale per l'Energia Elettrica, SOGIN (Italy),
the Japan Atomic Energy Research Institute, the Japan Nuclear
Cycle Development Institute, RANDEC (Japan), the Korea Atomic
Energy Research Institute (Korea), SE-VYZ (Slovak Republic) the
Centro de Investigaciones Energeticas, Medioambientales y Techn-
ologicas, Empresa National de Residuos Radiactivos S.A. (Spain),
Svensk Karnbranslehantering AB (Sweden), the Institute of Nucle-
ar Energy Research (Chinese Taipei), the United Kingdom Atomic
Energy Authority, British Nuclear Fuels PLC, AEA Technology PLC
(United Kingdom) are participants in the Original Agreement;
CONSIDERING that the terms and conditions of the Original Agree-
ment have been amended, pursuant to the provisions of Article 9
(b) thereof, to reflect changes in the method of operation of
the CPD, its cost of operation and the financing of such cost;
CONSIDERING that it is now desirable to terminate the Original
Agreement and enter into a new agreement which will more clearly
define the scope, objectives, membership, method of operation
and financing of the CPD;
AGREE to terminate the Original Agreement and to enter into this
new Agreement governing the CPD, in accordance with the terms
and conditions set out below:
Article 1
SCOPE AND OBJECTIVES
a) The Participants agree to exchange scientific and technical
information in respect of decommissioning projects in their
respective countries, with the information to be provided on
such projects being as detailed as the Participants determine
to be appropriate. Such information may include, but is not
limited to:
i) decommissioning project descriptions and plans;
ii) data obtained from research and development associated
with a decommissioning project;
iii) data resulting from the execution of a decommissioning
project and lessons learned from such execution.
b) The decommissioning projects in respect of which information
is to be exchanged under this Agreement are listed in Annex I
attached hereto.
c) The exchange of information under this Agreement shall be ca-
rried out through the execution of the programme of work to
be established by the Technical Advisory Group referred to in
Article 3 and to be approved by the Management Board referred
to in Article 2.
d) The management of each decommissioning project shall remain
the sole responsibility of the Participant concerned and the
implementation of the CPD under this Agreement is not intend-
ed to effect the scope, cost or schedule of any such project.
Article 2
MANAGEMENT BOARD
a) A Management Board shall be established with overall respons-
ibility for the management and control of the CPD and for en-
suring compliance with the scope and objectives of this Agre-
ement.
b) The Management Board shall consist of one member designated
by each Participant responsible for the management of a deco-
mmissioning project together with the Chairperson of the Tec-
hnical Advisory Group referred to in Article 3. Each Partici-
pant shall notify the NEA of the member designated to repres-
ent it on the Management Board and of an alternate member in
the event that the designated member is unable to do so. The
Vice-Chairperson of the Technical Advisory Group is the alte-
rnate member on the Management Board to the Chairperson of
the Technical Advisory Group. The Management Board shall ele-
ct a Chairperson and a Vice-Chairperson from among its membe-
rs to serve for a period of three (3) years.
c) The Management Board shall:
i) determine the general orientation of the CPD;
ii) approve each year the annual programme of work proposed
by the Technical Advisory Group, and provide general gui-
dance to that Group in carrying out its work;
iii) approve each year the financial reports submitted to it
by the Bureau referred to in paragraph (i) of this Arti-
cle and by the Project Co-ordinator referred to in Arti-
cle 4;
iv) regularly review the status of decommissioning projects;
v) consider and determine any matter brought before it by
the Technical Advisory Group, the Project Co-ordinator or
any Participant; and
vi) carry out such other functions as may be conferred upon
it under this Agreement.
d) Where a Participant proposes that a new decommissioning proj-
ect, for which it has management responsibility, be included
in the CPD, the Management Board shall determine whether or
not such new project shall be so included, taking into accou-
nt, amongst other factors, any recommendation made by the Te-
chnical Advisory Group regarding the extent to which that new
project complies with the technical criteria set forth in An-
nex III to this Agreement;
e) The Management Board shall be convened by its Chairperson, in
consultation with the NEA Secretariat, at least once a year.
The Project Co-ordinator and a representative of the NEA are
invited to attend Management Board meetings in an advisory
capacity. The Management Board may invite any expert or spec-
ialist to attend a specific meeting of the Management Board
as an observer. Reasonable notice of the time, place and age-
nda of a Management Board meeting shall be given to each mem-
ber and to other persons otherwise entitled to attend the me-
eting.
f) Until such time as the election of a Chairperson and a Vice-
Chairperson of the Management Board takes place under this
Agreement, those positions, together with that of immediate
past Chairperson of the Management Board, shall be held by
the members who held those respective positions in relation
to the Liaison Committee under the Original Agreement on 31
December 2003.
g) The Management Board shall reach decisions, to the greatest
extent possible, on the basis of consensus. Where, however,
consensus can not be obtained and formal voting is requested
, decisions shall be made by a two-thirds majority of the vo-
tes cast at the meeting, unless unanimity is expressly requi-
red by the terms of this Agreement. Unanimity requires the
agreement of each member voting at the meeting, and votes may
be cast in person or by proxy. All members of the Management
Board shall each have one vote except for the Chairperson of
the Technical Advisory Group.
h) If necessary, decisions of the Management Board may be made
by regular mail, electronic mail, fax, or other form of writ-
ten communication in which case unanimity shall be required
in respect of the decision. The Chairperson of the Management
Board shall ensure that all members are informed of each dec-
ision made pursuant to this paragraph.
i) A Bureau shall be estalished as the executive committee of
the Management Board. It shall comprise the Chairperson, the
Vice-Chairperson and the immediate past Chairperson of the
Management Board together with the Chairperson of the Techni-
cal Advisory Group. Meetings of the Bureau shall be convened
as frequently as deemed necessary by the Chairperson of the
Management Board in consultation with the NEA Secretariat.
The Project Co-ordinator and a representative of the NEA are
invited to attend meetings of the Bureau in an advisory cap-
acity.
j) The Bureau may make such decisions as are necessary to ensure
the effective implementation of the CPD under this Agreement
during periods between meetings of the Management Board, pro-
vided however that all such decisions shall be submitted to
the Management Board for ratification within a reasonable pe-
riod of time thereafter. In particular, the Bureau may invite
any expert or specialist to attend a specific meeting of the
Management Board as an observer and it shall also be respons-
ible for providing proposals to the Management Board on the
selection of a Project Co-ordinator and for the preparation
and submission to the Management Board of an annual budget
for the CPD co-ordination services.
k) The procedures set out in paragraphs (g) and (h) in respect
of the Management Board shall equally apply to decisions rea-
ched by the Bureau.
Article 3
TECHNICAL ADVISORY GROUP
a) A Technical Advisory Group shall be established consisting of
one senior specialist in respect of each decommissioning pro-
ject, designated by the Participant responsible for managing
that project. Where it is deemed appropriate by the Particip-
ant(s) concerned, one specialist may be designated as the re-
presentative for more than one decommissioning project.
b) The Technical Advisory Group shall elect a Chairperson and a
Vice-Chairperson from among its representatives to serve for
a period of three (3) years. Until such time as the election
of a Chairperson and a Vice-Chairperson taks place under this
Agreement, those positions shall be held by the representati-
ves who held those respective positions under the Original
Agreement on 31 December 2003.
c) The Technical Advisory Group shall:
i) each year submit an annual programme of work to the Manag-
ement Board for its approval;
ii) in accordance with the approved programme of work, and
subject to any general guidance provided by the Manageme-
nt Board, function as the principle mechanism for the ex-
change of scientific and technical information under this
Agreement, including reviewing and commenting on the inf-
ormation so provided by Participants;
iii) report to the Management Board on the progress and resu-
lts of its work and submit proposals to it on potential
means for improving such work;
iv) where a Participant proposes that a new decommissioning
project be included in the CPD, provide the Management
Board with a recommendation regarding the extent to which
that new project complies with the technical criteria set
forth in Annex III to this Agreement;
v) where an applicant applies to participate in this Agreeme-
nt, provide the Management Board with a recommendation re-
garding the extent to which the applicant's proposed deco-
mmissioning project complies with the technical criteria
set out in Annex III; and
vi) consider and determine any item referred to it by the Ma-
nagement Board.
d) The Technical Advisory Group may invite any expert or specia-
list to attend a specific meeting of the Technical Advisory
Group as an observer. Such invitations are only to be extend-
ed on an ad hoc basis and must conform to any general guidan-
ce provided by the Management Board. The NEA is also invited
to attend all meetings of the Technical Advisory Group in an
advisory capacity.
Article 4
PROJECT CO-ORDINATION
a) The Management Board shall retain the services of a Project
Co-ordinator for such period or periods of time as it deems
appropriate, to provide co-ordination services for the imple-
mentation of the CPD under this Agreement: The selection of a
Project Co-ordinator by the Management Board shall be based
upon proposals presented to it by the Bureau. The incumbent
Project Co-ordinator shall not participate in any deliberati-
ons of either the Management Board or the Bureau concerning
any aspect of this selection process.
b) The duties of the Project Co-ordinator shall include the fol-
lowing:
i) in co-operation with the NEA, prepare the documents neces-
sary for Management Board and Bureau meetings, including
the minutes, and attend such meetings;
ii) provide secretariat services to the Technical Advisory
Group, including preparing all documents necessary for
its meetings, attending such meetings as necessary and
when required, producing minutes of such meetings;
iii) maintain an overview of the status of all decommissioni-
ng projects;
iv) prepare the annual financial reports covering the CPD
co-ordination services as set out in Article 5 (b);
v) where requested by the Management Board, prepare prelimin-
ary drafts of internal technical documents and reports as
defined in the CPD programme of work and co-ordinate the
finalisation of such reports;
vi) such other duties as the Management Board may decide.
c) A table showing the tasks of the Project Co-ordinator togeth-
er with the corresponding estimated resource requirements is
set out in Annex II attached hereto. Such table shall be sub-
ject to change from time to time.
Article 5
FUNDING OF CO-ORDINATION SERVICES
a) The Participants agree to provide financial support, by way
of monetary or in-kind contributions, to cover the cost of
the CPD co-ordination services estimated in Annex II. Each
Participant shall provide a minimum of 1 500 euro per year,
or such other amount as the Management Board shall determine.
Contributions shall be due on dates to be set by the Managem-
ent Board.
b) The financial year of this Agreement is from 01 January to 31
December. The Bureau shall prepare and present to the Manage-
ment Board for its approval, no later than 30 September of
each year, an annual budget of the CPD co-ordination services
contributions and expenditures for the following financial
year. The Project Co-ordinator shall prepare and submit to
the Management Board for review and approval at its annual
meeting, a financial report covering all contributions recei-
ved and expenditures incurred for the CPD co-ordination serv-
ices during the previous financial year.
c) The format of all financial reports shall be as specified by
the Management Board. The NEA is invited to keep copies of
all such reports for three (3) years following each financial
year of the term of this Agreement.
d) The Management Board shall decide upon the disposition of any
contributions that remain unused or uncommitted at the expir-
ation of this Agreement, based upon a recommendation of the
Bureau.
Article 6
INFORMATION
a) This Article sets forth the provisions applicable to the pub-
lication and protection of scientific and technical informat-
ion exchanged under this Agreement. Additional rules and pro-
cedures shall, where necessary, be adopted by the Management
Board, acting by unanimity and in conformity with this Artic-
le.
b) Subject to restrictions applying to patents and copyright,
and to prior consultation with the Participant that has prov-
ided the information a Participant which has obtained inform-
ation pursuant to this Agreement may publish that information
as long as it is not proprietary information. Any such publi-
cation shall indicate that the views and opinions expressed
therein do not represent those of the NEA or of its member
countries.
c) Participants shall take all necessary measures in accordance
with this Article, the laws of their respective countries and
international law to protect proprietary information provided
to them pursuant to this Agreement. Proprietary information
shall mean information of a confidential nature such as tra-
de secrets and know-how (for example, computer programs, de-
sign procedures and techniques, chemical compositions of ma-
terials or manufacturing methods, processes, or treatment)
which is appropriately marked, provided such information:
1) is not generally known or publicly available from other
sources;
2) has not previously been made available by the owner to
others without obligation concerning its confidentiality;
and
3) is not already in the possession of the recipient Partic-
ipant without obligation concerning its confidentiality.
It shall be the responsibility of each Participant suppl-
ying proprietary information to identify the information
as such and to ensure that it is appropriately marked.
The confidentiality obligations contained in this Article
shall survive the expiration of this Agreement for a per-
iod of five (5) years.
d) In respect of any information exchanged under this Agreement,
the Participant providing such information shall not be held
to warrant the accuracy, completeness or suitability of such
information for any particular use or application.
Article 7
OECD NUCLEAR ENERGY AGENCY
a) In accordance with its Statute, the OECD Nuclear Energy Agen-
cy shall encourage the broadest possible participation in th-
is Agreement by its member countries, and shall endeavour to
co-ordinate activities under this Agreement with other NEA
activities in this field. While Governments of OECD non-memb-
er economies co-operating with the OECD/NEA and organisations
designated by such Governments will be permitted to join the
Agreement as Participants pursuant to Article 9, it is ackno-
wledged that priority should be given to Governments of OECD
member countries and to organisations designated by such Gov-
ernments.
b) The Management Board shall keep the NEA's Steering Committee
for Nuclear Energy regularly informed of the progress made in
carrying out the CPD under this Agreement through the NEA's
Radioactive Waste Management Committee.
c) The NEA is invited to provide secretariat services to the Ma-
nagement Board and to the Bureau and to send representatives
to attend meetings of both bodies in an advisory capacity.
The NEA is also invited to send an observer to meetings of
the Technical Advisory Group.
d) The NEA may be invited by the Management Board to retain, on
behalf of the Participants, the services of the Project
Co-ordinator. In such case, the NEA shall carry out the cont-
ractual arrangements necessary to implement the Management
Board's request in accordance with applicable OECD policies
and procedures.
e) The NEA is invited to provide secretariat and administrative
services in connection with the funding referred to in Artic-
le 5. Such services shall include issuing a call to Particip-
ants for annual contributions, providing Participants with
necessary information on the payment thereof to a designated
OECD account, arranging for the receipt of contributions and
the payment of expenditures, and keeping the required financ-
ial accounts as set out in paragraph (c) of Article 5, all in
accordance with applicable OECD financial procedures.
Article 8
LEGISLATIVE PROVISIONS
a) Activities under this Agreement shall be subject to the appl-
icable laws and regulations of the State of the Participant
in whose territory the activities in question are carried out
.
b) Each Participant shall use its best efforts to facilitate the
accomplishment of formalities involved in the movement of pe-
rsons and the transfer of materials and equipment required
for the exchange of information under this Agreement.
Article 9
ADDITION AND WITHDRAWAL OF PARTICIPANTS
a) The Government of any OECD member country or of any OECD
non-member economy co-operating with the OECD/NEA or any org-
a nisation designated by any such Government may apply to be-
come a Participant in this Agreement and, subject to paragra-
ph (b), such application shall be accepted where in the unan-
imous opinion of the Management Board,
i) the applicant is actively planning or carrying out a deco-
mmissioning project which, taking into account the recomm-
endation made by the Technical Advisory Group under Artic-
le 3(c)(v), meets the technical criteria set out in Annex
III, and inclusion of the applicant's decommissioning pro-
ject in the CPD would be of value to the CPD as a whole;
and
ii) the applicant is willing and authorised to disclose rele-
vant scientific and technical information concerning its
decommissioning project to the other Participants, even
where such information is proprietary information as def-
ined in Article 6.
b) Where an applicant under paragraph (a) is the Government of
an OECD non-member economy co-operating with the OECD/NEA or
an organisation designated by such Government, its applicati-
on shall, in addition to meeting the requirements set forth
in paragraphs (a)(i) and (ii), be expressly accepted by all
Participants which are Governments of NEA member countries or
organisations designated by such Governments.
c) The addition of a new Participant to this Agreement shall be-
come effective upon receipt by the Director-General of the
NEA of notification given by the new Participant that it ass-
umes all rights and obligations of a Participant under this
Agreement. Upon receipt of such notification, the NEA shall
immediately inform the other Participants thereof, confirming
the date upon which this Agreement comes into effect for that
new Participant.
d) A Participant may withdraw from this Agreement at any time by
giving six months prior written notice to that effect to the
Director-General of the NEA who shall, in turn, immediately
notify all other Participants of its receipt of such notice.
Notwithstanding its withdrawal from this Agreement, a Partic-
ipant shall continue to be obliged to comply with the confid-
entiality requirements of Article 6 hereof for a period of
five (5) years following the date at which the Agreement from
which it has withdrawn will expire.
e) The criteria for participation in this Agreement shall be re-
viewed by the Participants at the time of any extension of
the term of this Agreement as provided for under Article 10(c
), or at any other time upon the request of a Participant.
Article 10
ENTRY INTO FORCE AND FINAL PROVISIONS
a) The Original Agreement, as amended from time to time and inc-
luding the most recent amending Protocol which took effect on
11 October 2001, shall remain in full force and effect as be-
tween all Participants until 24h00 UTC on 31 December 2003 at
which time it shall be deemed to have expired and shall no
longer have any force or effect.
b) Notwithstanding paragraph (a) of this Article, the provisions
concerning the protection of proprietary information which
are contained in Article 5 of the Original Agreement and whi-
ch are identical in all respects to the provisions contained
in Article 6 of this Agreement, shall survive the expiration
of the Original Agreement for a period of five (5) years.
c) This CPD Agreement shall enter into effect at 0h00 UTC on 01
January 2004, immediately upon the expiration of the Original
Agreement, and it shall remain in force for five (5) years.
Its term may be extended thereafter for such further periods
of time as are agreed, in writing, by the Participants.
d) This Agreement may be amended at any time by the written agr-
eement of all Participants, provided however that Annex I and
Annex II to this Agreement may be amended at any time by the
unanimous decision of the Management Board which decision sh-
all be recorded in the minutes of the meeting during which it
was made.
e) The original of this Agreement shall be deposited with the
Director-General of the NEA and the NEA is invited to furnish
each Participant with a certified copy thereof.
f) This Agreement shall not affect any bilateral or other multi-
lateral arrangement for co-operation in the exchange of scie-
ntific and technical information on the decommissioning of
nuclear installations.
DONE at Paris, this November 17th, 2004,
In the English and French languages.