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Decree No. 2009-1075 August 26, 2009 On The Publication Of The Cooperation Agreement Between The Government Of The French Republic And The Government Of The Hashemite Kingdom Of Jordan For The Development Of The Peaceful Uses Of The In...

Original Language Title: Décret n° 2009-1075 du 26 août 2009 portant publication de l'accord de coopération entre le Gouvernement de la République française et le Gouvernement du Royaume hachémite de Jordanie pour le développement des utilisations pacifiques de l'én...

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Summary

Application of art. 52 to 55 of the Constitution.

Keywords

AFFAIRS AND EUROPEAN , INTERNATIONAL AGREEMENT , BILATERAL AGREEMENT , FRANCE , JORDANIE , INTERNATIONAL COOPERATION , COOPERATION AGREEMENT , PACIFIC USE , NUCLAR ENERGY , DEVELOPMENT , NUCLAR DOMAIN


JORF n°0201 of 1 September 2009 page 14418
text No. 6



Decree No. 2009-1075 of 26 August 2009 on the publication of the cooperation agreement between the Government of the French Republic and the Government of the Hashemite Kingdom of Jordan for the development of the peaceful uses of nuclear energy, signed in Amman on 30 May 2008 (1)

NOR: MAEJ0918048D ELI: https://www.legifrance.gouv.fr/eli/decret/2009/8/26/MAEJ0918048D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2009/8/26/2009-1075/jo/texte


President of the Republic,
On the report of the Prime Minister and the Minister for Foreign and European Affairs,
Seen them articles 52 to 55 of the Constitution;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France;
Vu le Decree No. 92-1019 of 21 September 1992 Publication of the Treaty on the Non-Proliferation of Nuclear Weapons, done in Washington, London and Moscow on 1 July 1968,
Decrete:

Article 1


The cooperation agreement between the Government of the French Republic and the Government of the Hashemite Kingdom of Jordan for the development of the peaceful uses of nuclear energy, signed in Amman on 30 May 2008, will be published in the Official Journal of the French Republic.

Article 2


The Prime Minister and the Minister for Foreign and European Affairs are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.

  • Annex

    A C C O R D D E C O P E R A T I O N

    BETWEEN THE GOVERNMENT OF THE FRANÇAISE REPUBLIC AND THE GOVERNMENT OF THE JORDANIA ROYAUME FOR THE DEVELOPMENT OF THE PACIFIC USE OF NUCLÉAIRE ENERGY (ENSEMBLE ANNEX)
    The Government of the French Republic and the Government of the Hashemite Kingdom of Jordan referred to as the Parties,
    Affirming their willingness to develop the traditional bonds of friendship between the two countries,
    Desirous of expanding and strengthening, in the interests of both States, cooperation in the field of the use of nuclear energy for exclusively peaceful purposes,
    Considering the rights and obligations of the Parties, in particular under the Treaty of 1 July 1968 on the Non-Proliferation of Nuclear Weapons (hereinafter referred to as the NPT) and Security Council resolution 1540,
    Affirming their support for the objectives and provisions of the NPT and their desire to promote international compliance with the NPT,
    Emphasizing the importance for each Party of the security of its energy supplies and the need to develop new energy sources,
    Considering the entry into force on 28 July 1998 of the additional protocol to the safeguards agreement between the Hashemite Kingdom of Jordan and the International Atomic Energy Agency (hereinafter referred to as A.I.E.A. ),
    Affirming their support for the A.I.E.A. safeguards system and their desire to work together to ensure continuous improvement and effectiveness,
    Considering also the willingness of the Parties to take the necessary steps for the development of safe nuclear energy, in accordance with the principles and provisions of the Convention on Nuclear Safety, the revised Convention on the Physical Protection of Nuclear Material, the Joint Convention on the Safety of Waste Management and on the Safety of Radioactive Waste Management, the Convention on the Rapid Notification of a Nuclear Accident and the Convention on Assistance in the Event of a Nuclear Accident
    The following agreed:

    Article I

    1. The Parties shall cooperate, on the basis of equality and mutual interest, in the field of the use of nuclear energy for peaceful purposes in accordance with the provisions of this Agreement, as well as the laws and regulations in force in each country and in accordance with the international obligations and commitments of each Party.
    2. Cooperation referred to in paragraph 1 of this article may be undertaken in the following areas:
    ― prospecting, exploration and exploitation of uranium deposits;
    - extraction of uranium from phosphates;
    - application of nuclear energy for the production of electrical energy and for the desalination of water;
    – fundamental and applied research does not require, for research reactors, the use of uranium enriched to 20% or more in isotope 235;
    - training human resources in the peaceful uses of nuclear energy;
    development of nuclear energy applications in the fields of agronomy, biology, earth sciences, medicine and industry;
    management of used fuel and nuclear waste;
    nuclear safety, radiation protection and environmental protection;
    nuclear security;
    prevention and response to emergencies related to radioactive or nuclear accidents;
    development of nuclear legislation and regulations;
    providing information to the public on issues relating to the peaceful uses of nuclear energy;
    or any other area of cooperation agreed between Parties.
    3. Cooperation can take the following forms:
    - exchange and training of scientific and technical staff;
    - exchange of scientific and technical information;
    - participation of scientific and technical staff from one Party in research and development activities conducted by the other Party;
    - joint conduct of research and engineering activities, including joint research and experimentation;
    - organization of scientific and technical conferences and seminars;
    - provision of nuclear materials, equipment, facilities, technology and service services;
    or any other form of cooperation agreed between the Parties.

    Article II

    In this Agreement, all terms and expressions have the meaning specified in the Annex that is an integral part of this Agreement.

    Article III

    The conditions for the application of the cooperation defined in Article 1 shall be specified, on a case-by-case basis, in accordance with the provisions of this Agreement:
    - by specific agreements between the Parties or the bodies concerned, designated by them, to specify, inter alia, the programmes and modalities of scientific and technical exchanges;
    - by contracts between the organizations, companies and institutions concerned, for industrial achievements and the provision of nuclear materials, equipment, facilities or technologies.

    Article IV

    The Parties shall take all administrative, fiscal and customs measures of their jurisdiction which are necessary for the effective implementation of this Agreement and specific agreements and contracts referred to in Article III.

    Article V

    The Parties shall guarantee security and preserve the confidential nature of the technical data and information designated as such by the Party which has provided them under this Agreement. The technical data and information exchanged shall not be communicated to a third party, public or private, without prior written consent by the Party providing the technical data or information.

    Article VI

    Parties shall ensure that cooperation under this Agreement is consistent with the implementation and maintenance of the highest level of nuclear safety and security.

    Article VII

    The intellectual property rights acquired under the cooperation provided for in this Agreement shall be assigned on a case-by-case basis in the specific agreements and contracts referred to in Article III of this Agreement.

    Article VIII

    1. Parties or bodies responsible for the implementation of this Agreement shall deal with matters relating to civil liability, including nuclear civil liability, in specific agreements.
    2. For the purpose of repairing damage caused by a nuclear incident, each Party shall establish a civil liability regime based on the international principles established in accordance with its international obligations.

    Article IX

    The Parties shall ensure that the materials, nuclear materials, equipment, facilities and technologies transferred as part of arrangements made under this Agreement, as well as nuclear materials obtained or recovered as by-products, are used only for peaceful purposes.

    Article X

    1. All nuclear material held by the Hashemite Kingdom of Jordan or transferred to it under this Agreement and notified by the French Republic for this purpose, as well as all successive generations of nuclear material recovered or obtained as by-products, shall be subject to the control of the A.I.E.A. under the Agreement of Guarantees between the Hashemite Kingdom of Jordan and the A.I.E.A.,
    2. All nuclear material held by or transferred to the French Republic under this Agreement and notified by the Hashemite Kingdom of Jordan for this purpose, as well as all successive generations of nuclear material recovered or obtained as by-products, shall be subject to the security controls of the European Atomic Energy Community and to the safeguards system applied by the A.I.E.A. under the Agreement between France,

    Article XI

    In the event that the A.I.E.A. safeguards referred to in Article X of this Agreement may not apply in the territory of either Party, the Parties undertake to enter forthwith in order to submit and nest the shortest time limits the nuclear material transferred or obtained under this Agreement, as well as all successive generations of nuclear material obtained or recovered as a by-product

    Article XII

    The materials, nuclear materials, equipment, facilities and technologies referred to in Article IV of this Agreement shall remain subject to the provisions of this Agreement until:
    (a) that they have been transferred or transferred outside the jurisdiction of the receiving Party in accordance with the provisions of Article XIV of this Agreement, or
    (b) that the Parties agree to subtract them, or that:
    (c) that it is established, with respect to nuclear material, that they are practically no longer recoverable to be put in a form usable for any relevant nuclear activity from the standpoint of the safeguards referred to in Article IX of this Agreement.

    Article XIII

    1. Each Party shall ensure that the substances, nuclear materials, equipment, facilities and technologies referred to in Article IX of this Agreement are subject to the control of persons under its jurisdiction and have all the qualifications necessary for the particular activity of which they are responsible.
    2. Each Party shall ensure that, in its territory or, outside its territory to the extent that such liability is borne by the other Party or by a third State, the appropriate measures for the physical protection of the materials, nuclear materials, equipment and facilities covered by this Agreement are taken, in accordance with its national legislation and the international commitments to which it is a party, in particular the provisions of the revised Convention on the Physical Protection of Nuclear Materials.
    3. Physical protection levels are at least those specified in Annex I to the Convention on the Physical Protection of Nuclear Material. Each Party reserves the right, where appropriate, in accordance with its national regulations, to apply stricter physical protection criteria in its territory.
    4. The implementation of physical protection measures is the responsibility of each Party within its jurisdiction. In the implementation of these measures, each Party is guided by the A.I.E.A. INFCIRC 225/Rev.4 document.
    Amendments to the A.I.E.A. recommendations in relation to physical protection shall only take effect under this Agreement when the two Parties have mutually informed in writing of their acceptance of such an amendment.

    Article XIV

    1. In the event that one of the Parties intends to transfer from its jurisdiction any material, nuclear material, equipment, facilities and technologies referred to in Article IX, or to transfer any material, nuclear material, facilities, equipment and technology originating from equipment or facilities transferred or obtained through equipment, facilities or technologies transferred under Article X, within the framework of this Agreement, it shall do so only after obtaining the same non-peaceful Agreements, in particular
    2. In addition, the party considering a transfer or retransfer in accordance with the provisions of paragraph 1 of this article shall obtain prior consent from the supplier party:
    (a) for any retransfer of facilities, equipment or technologies as defined in the Appendix and provided under this Agreement;
    (b) for any transfer of facilities or equipment from the facilities or equipment referred to in paragraph (a), or designed from the technologies referred to in paragraph (a) above;
    (c) For any transfer or transfer of uranium enriched to more than 20% isotopes 233 or 235 or plutonium produced or recovered from nuclear material transferred under this Agreement, or for any transfer of nuclear material transferred under this Agreement to the Hashemite Kingdom of Jordan.
    3. Within the European Union, transfers and retransfers of nuclear material, equipment, installations and technologies are subject to the provisions of Chapter IX of the Treaty establishing the European Atomic Energy Community and the regulations establishing a community regime for the control of exports of dual-use goods and technologies.

    Article XV

    None of the provisions of this Agreement shall be construed as violating the rights and obligations that, at the date of its signature, result from the participation of either Party in other international agreements for the use of nuclear energy for peaceful purposes, including for the French Party, of its membership in the European Communities.

    Article XVI

    The parties shall establish a joint committee to monitor the cooperation under this Agreement within one month of its entry into force. Parties agree on the structure, composition and procedures of this committee, taking into account equality between Parties.

    Article XVII

    The Parties shall endeavour to resolve any dispute relating to the interpretation or application of this Agreement through negotiation, investigation, mediation, conciliation, arbitration, judicial settlement or any other peaceful means of dispute resolution on which the Parties have agreed.

    Article XVIII

    This Agreement may be amended by written agreement between the Parties. This amendment will come into force on the date on which the Parties will be notified in writing of the performance of their respective internal procedures required for its entry into force.

    Article IX

    1. This Agreement shall be concluded for a period of twenty years. It may be denounced at any time by either Party. Any denunciation must be notified in writing with a notice of six months.
    At the end of this twenty-year period, it remains in force until it has been denounced by either of the Parties in accordance with the procedure referred to in the preceding paragraph.
    2. In the event of denunciation of this Agreement in accordance with the procedure referred to in paragraph 1 of this Article:
    - the relevant provisions of this Agreement shall remain applicable to specific agreements and contracts signed under Article III, which are in force;
    - the provisions of Articles V, VII, VIII, IX, X, XI, XII, XIII and XIV continue to apply to substances, nuclear materials, equipment, facilities and technologies referred to in Article IX transferred under this Agreement, as well as to nuclear materials recovered or obtained as by-products.

    Rule XX

    Each Party shall notify the other Party of the performance of the internal procedures required for the entry into force of this Agreement. The latter comes into force on the date of receipt of the last notification.
    In faith, the representatives of the two Governments duly authorized to do so have signed this Agreement.
    Done in Amman on 30 May 2008 in two copies, in French and Arabic, both texts being equally authentic.

    For the Government
    of the French Republic:
    Bernard Kouchner
    Minister of Affairs
    Foreign and European
    For the Government
    of the Hashemite Kingdom
    Jordan:
    Salaheddin Albashir
    Minister for Foreign Affairs

    A N N E X E

    For the purposes of this Agreement:
    (a) The term material refers to non-nuclear substances intended for reactors, as specified in paragraph 2 of Annex B of the Nuclear Suppliers Group Guidelines issued by the A.I.E.A. in INFCIRC/254/Rev.9/Part.1 (hereinafter referred to as the Guidelines),
    (b) The term " nuclear material " means any special raw material or fissile material as defined in Article XX of the Statute of the A.I.E.A.
    (c) The term equipment means the main components specified in paragraphs 1, 4 and 7 of Appendix B of the directives.
    (d) The term facility refers to the plants referred to in paragraphs 1, 4 and 7 of Appendix B of the Guidelines;
    (e) The term technology refers to the specific information necessary for the development, production or use of any article contained in Appendix B of the Guidelines, with the exception of data communicated to the public, for example through periodicals or published books, or which have been made internationally accessible without any restrictions on dissemination.
    This information can take the form of technical data or technical assistance.
    The term development refers to all phases prior to production, including studies, research related to design, assembly and prototype testing and implementation plans.
    The term production refers to all phases of production, including construction, production engineering, manufacturing, integration, assembly, inspection, testing and quality assurance.
    The term use refers to implementation, installation (including installation on the site itself), maintenance, repairs, revision dismantling and remediation.
    Technical assistance may take forms such as instruction, qualifications, training, practical knowledge and consultation services.
    Technical data may be made of layers, plans, diagrams, manuals and modes of use in a written form or recorded on other media such as discs, magnetic tapes or passive memory.
    (f) The term information shall mean any information, documentation or data, of any kind, transmitted in a physical form, relating to materials, equipment, facilities or technologies subject to this Agreement, other than information, documentation and data accessible to the public.
    (g) The peaceful term means peaceful and non-explosive.


Done in Paris, August 26, 2009.


Nicolas Sarkozy


By the President of the Republic:


The Prime Minister,

François Fillon

Minister for Foreign Affairs

and European,

Bernard Kouchner

(1) This Agreement entered into force on 16 December 2008.
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