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Official Journal of the European Union
1.2.2012
AGREEMENT
between the Government of Australia and the European Atomic Energy Community (Euratom) for
cooperation in the peaceful uses of nuclear energy
THE GOVERNMENT OF AUSTRALIA
and
THE EUROPEAN ATOMIC ENERGY COMMUNITY (Euratom), hereinafter referred to as ‘the Community’,
DESIRING to promote their cooperation in the use of nuclear energy for peaceful purposes;
CONSIDERING that the Agreement between the Government of Australia and the European Atomic Energy Community
concerning transfers of nuclear material from Australia to the European Atomic Energy Community done at Brussels on
21 September 1981 is limited in scope and expires in 2012;
REAFFIRMING the strong commitment of the Government of Australia, the Community and the Governments of its
Member States to nuclear non-proliferation including the strengthening and efficient application of the related safeguards
and export control regimes under which cooperation in the peaceful uses of nuclear energy between Australia and the
Community is carried out;
REAFFIRMING the support of the Government of Australia, the Community and the Governments of its Member States
for the objectives of the International Atomic Energy Agency (hereinafter referred to as ‘IAEA’) and its safeguards system;
REAFFIRMING the strong commitment of the Government of Australia, the Community and its Member States to the
Convention on the Physical Protection of Nuclear Material done at New York and Vienna on 3 March 1980 and entering
into force generally on 8 February 1987;
WHEREAS Australia and all Member States of the Community are Parties to the Treaty on the Non-Proliferation of
Nuclear Weapons done at Washington, London and Moscow on 1 July 1968 and entering into force on 5 March 1970,
hereinafter referred to as ‘NPT’;
NOTING that nuclear safeguards are applied in all Member States of the Community pursuant to both the Treaty
establishing the European Atomic Energy Community (hereinafter referred to as ‘the Euratom Treaty’) and the safeguards
agreements concluded between the Community, its Member States and the IAEA;
NOTING that the Governments of Australia and of all Member States of the Community participate in the Nuclear
Suppliers Group;
NOTING that account should be taken of the commitments made by the Government of Australia and the Government
of each Member State of the Community in the framework of the Nuclear Suppliers Group;
RECOGNISING the fundamental principle of free movement in the internal market within the European Union;
AGREEING that the Agreement should be in compliance with international obligations of the European Union and the
Government of Australia under the World Trade Organisation agreements;
REITERATING commitments of the Government of Australia and the Governments of Member States of the Community
to their bilateral agreements in the peaceful uses of nuclear energy;

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HAVE AGREED AS FOLLOWS:
material’, shall only have effect under this Agreement when
the Parties have informed each other in writing that they
accept that determination.
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.

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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
relevant to this Article, providing that Australia and
5. The
cooperation
in
specific
areas
outlined
in
paragraph
2
relevant Member States of the Community have expressed
of this Article may be implemented as necessary through
their willingness to place such transfers in the framework of
arrangements between a legal entity of Australia and a legal
this Agreement;
entity of the Community, which the respective competent
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
(h) safeguards;
shall become subject to this Agreement upon its entry into
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;

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(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
the European Atomic Energy Community, done at Brussels
Article V
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
5 and 6 of Article VII of this Agreement;
3. The
continuation
of
the
cooperation
envisaged
in
the
present Agreement shall be contingent upon the mutually satis
factory application of the system for safeguards and control
(b) that nuclear material is no longer usable for any nuclear
established by the Community in accordance with the
activity relevant from the point of view of safeguards
Euratom Treaty and of the system for safeguards and control
referred to in paragraph 1 of Article VII or has become
of nuclear material, non-nuclear material or equipment estab
practicably irrecoverable. For the purpose of determining
lished by the Government of Australia.
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.

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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
particular, the Guidelines for Nuclear Transfers, as set out in
2. In the event of the application of any of the agreements
IAEA INFCIRC/254/Rev.9/Part 1, shall apply to retransfers of
with the IAEA referred to in paragraph 1 of this Article being
any items subject to this Agreement.
suspended or terminated for any reason within the Community
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).

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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
The Parties grant their consent to the reprocessing of nuclear
subject to or notified to be made subject to this Agreement
fuel containing nuclear material subject to this Agreement
either within the respective territorial jurisdiction of the
provided that such reprocessing takes place in accordance
Parties or between the Government of Australia and the
with the conditions set out in Annex A.
Community.
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.
Information regarded by the supplying Party as being of
2. An
administrative
arrangement
established
pursuant
to
commercial value shall be supplied only under terms and
paragraph 1 of this Article may be amended as mutually
conditions specified by the supplying Party.
determined in writing by the competent authorities.
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
of this Agreement.
1. The
cooperation
provided
for
in
this
Agreement
shall
be
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.

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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
correspondence. Specifically, the Parties shall consult before the
The Annex to this Agreement forms an integral part of this
commencement of new enrichment or reprocessing projects
Agreement and may be amended in accordance with this
relevant to nuclear material subject to this Agreement.
Article.
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.

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EN
1.2.2012 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

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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.

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