Euratom-UK agreement on cooperation on the safe and peaceful uses of nuclear energy

SUMMARY OF:

Agreement between the United Kingdom and the European Atomic Energy Community for cooperation on the safe and peaceful uses of nuclear energy

Commission Decision (Euratom) 2020/2255 on the conclusion, by the European Commission, and provisional application of the agreement between the United Kingdom and the European Atomic Energy Community for cooperation on the safe and peaceful uses of nuclear energy and on the conclusion, by the European Commission, on behalf of the European Atomic Energy Community, and provisional application of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom, of the other part

WHAT IS THE AIM OF THE AGREEMENT AND DECISION?

• This Nuclear Cooperation Agreement between the United Kingdom (UK) and Euratom provides for wide-ranging cooperation on safe and peaceful uses of nuclear energy, underpinned by commitments by both sides to comply with international non-proliferation obligations and to maintain a high level of nuclear safety standards. The cooperation includes:
  • facilitating trade and commercial cooperation;
  • the supply and transfer of nuclear items (including nuclear technologies);
  • nuclear safeguards;
  • nuclear safety and radiation protection, including emergency preparedness and response, the safe management of spent fuel and radioactive waste, the use of radioisotopes and radiation in agriculture, industry, medicine and research and development.
• It emphasises that any item or material subject to the agreement must only be used for peaceful purposes.
• The decision approves the conclusion of the Nuclear Cooperation Agreement and the Trade and Cooperation Agreement, as regards matters falling under the Euratom Treaty, on behalf of Euratom, and provides for these agreements to be provisionally applied from 1 January 2021, pending the completion of the procedures necessary for their entry into force.

KEY POINTS

Cooperation on peaceful uses of nuclear energy (other areas may be mutually determined) may include:

• trade and commercial cooperation;
• the supply of nuclear material, non-nuclear material and equipment;
• technology transfer, including the supply of information relevant to the scope of nuclear cooperation;
• procurement of equipment and devices;
• safe management of spent fuel and radioactive waste, including geological disposal;
• nuclear safety and radiation protection, including emergency preparedness and monitoring of levels of radioactivity in the environment;
• nuclear safeguards and physical protection;
• use of radioisotopes and radiation in agriculture, industry, medicine and research in the interest of public health;
• geological and geophysical exploration, development, production, further processing and use of uranium resources;
• regulatory aspects of the peaceful uses of nuclear energy;
• research and development.

Cooperation must include provisions for protecting intellectual property rights where they exist.

Forms of nuclear cooperation

Cooperation could take the following forms (other forms may be mutually determined):

• transfer of material, equipment and technology;
• sharing information in areas of mutual interest, such as nuclear safeguards, nuclear safety, levels of radioactivity in the environment and supply of radioisotopes;
• exchange, visits and training of administrative, scientific and technical personnel and experts;
• symposia and seminars;
• sharing scientific and technical information, assistance and services including on research and development;
• joint projects, joint ventures and bilateral working groups or studies;
• commercial cooperation relating to the nuclear fuel cycle, such as uranium conversion and enrichment.

Nuclear safeguards

Nuclear material subject to this agreement is also subject to the following safeguards.

In the EU:

• safeguards under the 1957 Euratom Treaty (see summary);
• the International Atomic Energy Agency (IAEA) non-proliferation agreement with the EU’s non-nuclear-weapon countries;
• the IAEA safeguards agreement with France (including the additional protocol with France); and
• the IAEA protocols additional to safeguards agreements.

In the United Kingdom:

• the UK domestic safeguards system; and
• the United Kingdom-IAEA Safeguards Agreement.

Both parties agree to implement a robust and effective system of nuclear material accountancy and control, aiming to ensure that nuclear material subject to this agreement is not diverted from its peaceful use.

Nuclear safety

The parties recognised their commitments to the following nuclear safety conventions:

• the Convention on Nuclear Safety,
• the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management,
• the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency,
• the Convention on Early Notification of a Nuclear Accident,
• the Vienna Declaration on Nuclear Safety.

The parties agreed to continue to cooperate, maintain regular contact and share information on nuclear safety, radiation protection, emergency preparedness and response and management of spent fuel and radioactive waste, including the results of international peer reviews, where appropriate. This covers:

• established EU systems for monitoring and exchanging information on levels of radioactivity in the environment, including:
  • the European Community Urgent Radiological Information Exchange (ECURIE), and
  • the European Radiological Data Exchange Platform (EURDEP);
• established expert advisory groups on nuclear safety, including the European Nuclear Safety Regulators Group (ENSREG); and
• any other EU systems or groups as agreed between the parties.

The EU may invite the United Kingdom to participate as a ‘third country’ (non-EU country) in those systems and groups.

Physical protection

The parties committed to applying physical protection measures, with reference to obligations under the amended Convention on the Physical Protection of Nuclear Material, where appropriate, and the Nuclear Security Recommendations on Physical Protection of Nuclear Material and Nuclear Facilities, which, together with the IAEA Regulations for the Safe Transport of Radioactive Material, also cover the transport of nuclear materials.

Enrichment and reprocessing

The other party’s written consent is required prior to the enrichment of any nuclear material to 20% or more in the isotope Uranium-235. Each party grants its consent to the other party reprocessing nuclear fuel containing nuclear material in accordance with the conditions set out in the annex.

Nuclear research and development

The parties agree to facilitate cooperation on research and development of nuclear energy for peaceful use with the participation of researchers and organisations from all research sectors, including universities, laboratories and the private sector. The cooperation may include:

• UK participation as a ‘third country’ (non-EU country) in the EU’s research and training programmes and activities; and
• UK membership of Fusion for Energy.

Exchange of information and technical expertise

The parties agree to promote and facilitate proportionate exchange of information and technical expertise within the scope of the agreement. Restricted information from third parties is excluded.

Information regarded by the supplier party as being of commercial value must be supplied only under terms and conditions specified by that party.

The parties further encourage and facilitate the exchange of information between persons under the jurisdiction of the respective parties on matters within the scope of this agreement. Information owned by such persons must be supplied only with the consent of and under terms and conditions to be specified by those persons.

The parties must take all appropriate precautions to preserve the confidentiality of information received as a result of the operation of this agreement.

DATE OF ENTRY INTO FORCE

The agreement has provisionally applied since 1 January 2021.

BACKGROUND

For more information, see:

• The Euratom-UK Agreement for cooperation on the safe and peaceful uses of nuclear energy (European Commission)
• International Atomic Energy Agency
• Convention on the Physical Protection of Nuclear Material, as amended (International Atomic Energy Agency).

MAIN DOCUMENTS

Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the European Atomic Energy Community for Cooperation on the safe and peaceful uses of nuclear energy (OJ L 445, 31.12.2020, pp. 5-22)

Commission Decision (Euratom) 2020/2255 of 29 December 2020 on the conclusion, by the European Commission, and provisional application of the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the European Atomic Energy Community for Cooperation on the Safe and Peaceful Uses of Nuclear Energy and on the conclusion, by the European Commission, on behalf of the European Atomic Energy Community, and provisional application of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (OJ L 445, 31.12.2020, pp. 2-4)

RELATED DOCUMENTS

Exchange of letters on the provisional application of the Agreement between the European Atomic Energy Community and the Government of the United Kingdom of Great Britain and Northern Ireland for Cooperation on the Safe and Peaceful Uses of Nuclear Energy (OJ L 445, 31.12.2020, pp. 23-24)

Consolidated version of the Treaty establishing the European Atomic Energy Community (OJ C 203, 7.6.2016, pp. 1-112)

See consolidated version.

Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (OJ L 444, 31.12.2020, pp. 14-1462)

Council Decision 2007/198/Euratom of 27 March 2007 establishing the European Joint Undertaking for ITER and the Development of Fusion Energy and conferring advantages upon it (OJ L 90, 30.3.2007, pp. 58-72)

Successive amendments to Decision 2007/198/Euratom have been incorporated into the original text. This consolidated version is of documentary value only.

last update 25.02.2021