On the ratification of the Agreement on Cooperation between the Republic of Kazakhstan and the European Atomic Energy Community in the field of nuclear Safety

Home / RLA / On the ratification of the Agreement on Cooperation between the Republic of Kazakhstan and the European Atomic Energy Community in the field of nuclear Safety

Law of the Republic of Kazakhstan dated May 5, 2003 No. 406

To ratify the Agreement on Cooperation between the Republic of Kazakhstan and the European Atomic Energy Community in the field of nuclear safety, signed in Brussels on July 19, 1999.

 President of the Republic of Kazakhstan

Agreement on Cooperation between the Republic of Kazakhstan and the European Atomic Energy Community in the field of nuclear safety

The Republic of Kazakhstan, hereinafter referred to as "Kazakhstan", on the one hand, and the European Atomic Energy Community, hereinafter referred to as the "Community", on the other hand, hereinafter referred to as the "Party" or "Parties", respectively, Recalling that Kazakhstan and the European Community and their member States on January 21, 1995 Signed a Partnership and Cooperation Agreement; Recalling that Kazakhstan and the member States of the Community are parties to the Treaty on the Non-Proliferation of Nuclear Weapons and members of the International Atomic Energy Agency; Recalling that the Commission of the European Community, hereinafter referred to as the "Commission", is responsible, inter alia, for defining basic standards for the protection of radiation, for ensuring their implementation, and for collecting and monitoring radiation data at the Community level; Recalling that environmental protection and cooperation in this regard with third parties at the Community level play a role an important role; Whereas the Commission is implementing a Community research program in the field of nuclear safety, including reactor safety, radiation safety, waste management and decommissioning and dismantling of nuclear facilities, as well as in the application of safeguards to nuclear materials, and that it intends to develop scientific and technological cooperation with third countries on these issues, having The aim is to bring them closer to internationally accepted principles and guidelines on nuclear safety.; Whereas Kazakhstan has a nuclear power plant and three research reactors that could be used as part of a research and development program to improve the safety of nuclear power plants; Recalling that Kazakhstan's regulatory activities in the field of nuclear safety are aimed at protecting the environment and the general public, as well as protecting personnel from radiation exposure based on internationally recognized norms and standards; Recognizing that the future contribution of nuclear energy to meeting the energy needs of Kazakhstan and the Community, taking into account the need for a variety of energy sources according to the requirements of the economy, the environment and the general population depends on solving the above-mentioned nuclear safety challenges; Taking into account the various forms of joint nuclear safety actions envisaged by Kazakhstan and the Community, Agreed on the following:

Article 1

Cooperation under this Agreement will be based on mutual interests only for peaceful purposes and will contribute to strengthening nuclear safety, including the definition and application of scientifically based and internationally accepted nuclear safety standards.

Article 2

The parties will make every effort to cooperate in the following areas:: (a)Reactor safety Study Review and analyze safety issues; identify appropriate ways to strengthen nuclear safety, and evaluate existing and planned nuclear reactors. (b)Radiation safety Research, regulatory aspects, development of safety standards, public awareness, professional training and education. Special attention should be paid to studying the effects of low doses and the recoverability of areas exposed to radioactive contamination, industrial and medical radiation, and post-emergency measures. (c)Nuclear waste management Assessment and optimization of geologically suitable burial sites, scientific aspects of long-lived waste management and a strategy for site restoration. (d)Decommissioning, decontamination and dismantling of nuclear installations Strategy for decommissioning, decontamination and dismantling of nuclear installations, in particular, radiological aspects. (e)Research and development of a nuclear material nonproliferation assurance system Development and evaluation of methods for measuring nuclear materials and characterization of related materials in the application of safeguards and development of accounting and control systems for nuclear materials. f)Preventing illegal trade in nuclear materials Cooperation should be carried out in order to improve methods and methods of control over nuclear materials.

Article 3

1. Cooperation is carried out by: - exchange of technical information through reports, meetings, seminars, technical meetings, etc.; - exchange of working personnel, including for training purposes, between laboratories and/or organizations of both Sides; such cooperation may also be carried out between individuals and institutions established in the respective territories of the Parties; - exchange of samples, materials, tools and equipment for experimental purposes; - balanced participation in joint exercises and activities. 2. If necessary, executive agreements may be concluded between the Parties and/or authorized bodies defining the scope, terms and conditions of certain joint aforementioned activities. Such agreements may, among other things, relate to financial terms, descriptions of management functions, and contain specific provisions regarding the dissemination of information and intellectual property rights. 3. In order to minimize duplication of efforts, the Parties will coordinate their activities under this Agreement with other international nuclear safety-related activities to which they are parties.

Article 4

1. The obligations of each Party under this Agreement shall be fulfilled subject to the availability of the required financial resources. 2. All costs arising from the cooperation are covered by the Party that produces them. 3. Financing of industrial activities is excluded from the scope of this Agreement.

Article 5

1. Taking into account the interests of the Community, this Agreement will be applied in the territories where the Treaty Establishing the European Atomic Energy Community applies. 2. Cooperation under this Agreement is carried out in accordance with the applicable laws of the Parties, as well as international agreements concluded between the Parties. 3. Each Party shall make every effort, within the framework of applicable legislation, to simplify the implementation of formalities related to business trips, transportation of materials and equipment, and the transfer of currency necessary for cooperation. 4. Compensation for damages incurred during the implementation of this Agreement shall be carried out in accordance with applicable law.

Article 6

The application and dissemination of information and intellectual property rights, patents and copyrights related to cooperation under this Agreement comply with the Annexes that form an integral part of this Agreement.

Article 7

The Parties, within the framework of applicable legislation, shall make every effort to resolve all issues arising under this Agreement through consultations among themselves.

Article 8

1. A Coordinating Committee consisting of members appointed in equal numbers by both Sides will be formed to guide the implementation of this Agreement. 2. The Coordinating Committee holds regular meetings as needed, either in the Community or in Kazakhstan to: - review and evaluation of cooperation under this Agreement and preparation of annual reports on them; - mutual agreement on individual tasks carried out under this Agreement, without prejudice to independent decisions by the Parties on their respective programs. 3. By mutual agreement, extraordinary meetings may be held to discuss special issues or individual circumstances.

Article 9

1. This Agreement shall enter into force on the date that the Parties determine through the exchange of diplomatic notes, and initially remains in force for ten years from the date of its signing. 2. Further, this Agreement is automatically extended for the next five years, unless either Party, by written notification, requests its termination or revision six months before the expiration date of the Agreement. 3. In the event of termination or revision, this Agreement remains in force in its former form with respect to cooperation carried out prior to the request for termination or revision, until the end of such cooperation and related agreements, or for one calendar year from the date of expiration of this Agreement in its former form, whichever occurs earlier. 4. Termination of this Agreement shall not affect the rights and obligations under Article 6.

Article 10

This Agreement is drawn up in two copies in Kazakh, Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Russian, Spanish and Swedish. The text of this Agreement in these languages is equally valid.

Done in Brussels on July 19, 1999.

For the Republic of Kazakhstan and the European Atomic Energy Community

 Annex I

Principles governing the granting of intellectual property rights* arising from a joint study on a nuclear safety cooperation agreement

* The definitions used in these Guidelines are described in Annex II.

I. Ownership of rights, granting and application of rights

1. All research conducted under this Agreement is a "collaborative study". Participants jointly develop joint technology management plans (PUTs)** In relation to ownership and use, including the publication of information and Intellectual Property (IP), which will be created during the joint research. Such plans are approved by the Parties prior to the completion of any cooperation agreements and other agreements to which they relate. The paths are developed taking into account the objectives of the joint study, the relevant contributions of the participants, the benefits and disadvantages of licensing by territory or area, the requirements provided for by applicable law, and other factors that the participants deem necessary. The rights and obligations regarding the research of seconded researchers in relation to IP are also described in the joint technology management plans. ** The indicative characteristics of such bindings are set out in Annex III. 2. Information or IP obtained or created in the course of joint research and not specified in the technology management plan is distributed with the approval of the Parties in accordance with the principles set out in the technology management plan. In case of disapproval, such information or IP is jointly owned by all participants involved in joint research during which information is obtained or IP is formed. Each participant to whom this regulation applies has the right to use such information or IP for their own commercial use without any geographical restrictions. 3. Each Party shall ensure that the other Party and its participants can have the right to IP granted to them in accordance with these principles. 4. By ensuring competitive conditions in the areas covered by this Agreement, each Party will make efforts to ensure that the rights related to this Agreement are exercised in such a way as to promote, in particular: (i) the dissemination and use of information obtained or otherwise available under this Agreement; (ii) the adoption and application of international standards.

II. Copyright

Copyrights owned by the Parties or their participants should be treated in accordance with the provisions of the Berne Convention (Paris Act of 1971).

III. Scientific literary works

 Without prejudice to section IV, unless otherwise agreed in the Contract, the publication of the research results is carried out jointly by the Parties or participants in such a joint study. Subject to the above-mentioned general rule, the following provisions apply: 1. If a Party or government agencies of that Party publish scientific and technical journals, articles, reports, books, including videos and software in connection with joint research in accordance with this Article, the other Party is entitled to a worldwide non-exclusive, unconditional license, free from royalties, for translation, reproduction, adaptation, transmission and the public distribution of such works. 2. The Parties shall ensure that literary works of a scientific nature arising in connection with joint research under this Agreement and published by independent publishers are distributed to the widest possible range of people. 3 All copies of copyrighted works distributed publicly and prepared in accordance with these regulations must indicate the names of the author(s) of the work, unless the author or authors express a refusal to indicate their name(s). They should also contain visible evidence of the Parties' joint support.

IV. Undisclosed information

A.Undocumented undisclosed information

1. Each Party or its Participants, respectively, will determine as soon as possible and preferably in terms of technology management the information that it or they wish to keep undisclosed with respect to this Agreement, taking into account, inter alia, the following criteria: - secrecy of information, i.e. the fact that information, as a publication or in the exact configuration or ensemble of its components, is not generally known or legally accessible to relevant experts in the field of research; - the actual or potential commercial value of the information based on its secrecy; - the early protection of the information, i.e. that it provided for the adoption of measures that were reasonable in the circumstances by persons lawfully responsible for maintaining its secrecy. The Parties and participants may in individual cases agree that, unless otherwise agreed, part or all of the information provided, exchanged or obtained in the course of joint research under this Agreement may not be disclosed. 2. Each Party ensures that undisclosed information under this Agreement and its privileged nature is recognized as such by the other Party, for example, by appropriate marking or restrictive label. This also applies to any reproduction of the above information in whole or in part. The Party receiving undisclosed information in accordance with the Agreement respects its privileged nature. These restrictions are automatically terminated if such information is disclosed by the owner without restriction to experts in the field of research. 3. Undisclosed information under this Agreement may be distributed by the receiving Party, to persons of the receiving Party or working for it, and to other commercial departments or agencies of the receiving Party authorized for the special purposes of the joint research, provided that the dissemination of any undisclosed information in this way must be carried out in accordance with the confidentiality agreement and such information must be recognized as indicated higher. 4. With the prior written consent of the Party providing undisclosed information under this Agreement, the receiving Party may distribute such undisclosed information to a wider range of persons than provided for in paragraph 3 above. The Parties shall jointly develop a procedure for requiring and obtaining prior written consent for such wider dissemination, and each Party will provide such approval to the extent permitted by its internal policies and legislation.

B.Undocumented undisclosed information

Undocumented undisclosed or other confidential or privileged information provided at seminars and other meetings held under this Agreement, or information received in connection with appointments, use of devices or joint projects, shall be applied by the Parties or their participants in accordance with the principle defined for documentary information in the Agreement, provided, however, that the recipient such undisclosed or other confidential or privileged information was aware of the confidential nature of the information, received during the discussion of such information.

B.Control

Each Party shall make every effort to ensure that undisclosed information received by it under this Agreement is controlled in the manner provided for therein. If one Party becomes aware or reasonably expects that it will not be able to comply with the non-proliferation provisions contained in paragraphs A and B above, it shall promptly inform the other Party. The Parties then hold consultations to determine the appropriate course of action.

Annex II

Definitions

1. Intellectual property: has the meaning assigned in Article 2 of the Convention Establishing the World Intellectual Property Organization, signed in Stockholm on July 14, 1967. 2. Participant: any natural or legal person, including the parties involved in the project under this Agreement. 3. Joint research: research carried out and/or funded by joint contributions from the Parties and with the cooperation of participants from both Sides, if necessary. 4. Information: scientific or technical data, results or methods of research and development obtained or developed in the course of Joint Research, and any other information that the Parties and/or participants engaged in Joint Research consider necessary to provide or exchange under this Agreement or research in accordance with it.

Annex III

Indicative characteristics of the Management Plan By Technology (PUT)

The PUT is a separate agreement concluded between the participants on the implementation of joint research and the corresponding rights and obligations of the participants. With respect to Intellectual Property Rights, the PUT will cover, among other things: ownership, protection, rights of users for research purposes, use and dissemination, including the organization of joint publications, the rights and obligations of seconded researchers and dispute resolution procedures, the PUT may also contain information regarding the background, licensing and documents received.

President

Republic of Kazakhstan

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