Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister of State, Minister for Foreign and European Affairs,
Considering the Constitution, in particular articles 52 to 55;
Vu la Act No. 2011-589 of 26 May 2011 authorizing the ratification of the Treaty between the French Republic and the United Kingdom of Great Britain and Northern Ireland on common radiographic and hydrodynamic installations;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France,
Decrete:
The Treaty between the French Republic and the United Kingdom of Great Britain and Northern Ireland on shared radiographic and hydrodynamic facilities, signed in London on 2 November 2010, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister of State, Minister for Foreign and European Affairs, are responsible, each with regard to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.
T R A I T E
BETWEEN THE FRENCH REPUBLIC AND THE UNITED KINGDOM OF GREAT BRITAIN AND IRELAND OF THE NORTH RELATING TO RADIOGRAPHIC AND HYDRODYNAMICAL INSTALLATIONS
The French Republic and the United Kingdom of Great Britain and Northern Ireland, hereafter referred to as "the Parties",
Aware of their common defence interests and of the importance of nuclear deterrence, which is a key element of their national and allied defence strategies, and bearing in mind that they do not consider a situation in which the vital interests of one of the Parties could be threatened without those of the other,
Determined to maintain only a credible minimum nuclear capability, consistent with the strategic and security context of their commitments under Article 5 of the North Atlantic Treaty, signed in Washington on 4 April 1949, and considering that their nuclear forces contribute to the security of Europe as a whole,
Reaffirming their rights and obligations under the Treaty on the Non-Proliferation of Nuclear Weapons, signed on 1 July 1968, and their commitments under the Comprehensive Nuclear-Test-Ban Treaty, signed on 10 September 1996,
Reaffirming the mutual interest they have in maintaining their independent nuclear forces at the highest level of safety and reliability, at the lowest cost, and determined to cooperate to that end in the industrial, technological and scientific fields,
Desirous of further improving the effectiveness of their armed forces, in accordance with the Treaty of Cooperation in Defence and Security between the French Republic and the United Kingdom of Great Britain and Northern Ireland, signed in London on 2 November 2010,
The following provisions were agreed:
Article 1
General cooperation
1.1. Parties shall cooperate in the following areas, including through the exchange of relevant classified information:
(a) the safety and security of nuclear weapons;
(b) simulation for the guarantee of arms;
(c) The fight against nuclear or radiological terrorism.
1.2. As part of the cooperation in these areas, Parties have decided to jointly build and operate dedicated radiographic and hydrodynamic facilities, as described below as TEUTATES or "the Program". In particular, Parties agreed:
a) to jointly construct and operate a radiographic/hydrodynamic facility in France. This joint installation is referred to as TEUTATES EPURE or "EPURE";
(b) cooperate in a joint programme of radiographic and diagnostic technologies in a joint facility in the United Kingdom, as follows: TEUTATES or TDC Technology Development Centre. The purpose of this joint installation is to produce development work to accompany the evolution of the technologies used in the EPURE installation throughout its operational life.
1.3. Other programs of mutual interest will be considered in a timely manner and will be subject to separate agreements as required.
Article 2
Facilities
2.1. The EPURE installation is built in France, on the site of the Office of the Commissioner for Atomic Energy and Alternative Energy (CEA-DAM). The TDC facility is built in the UK on the Aldermaston site of the Atomic Weapons Establishment (AWE).
2.2. A joint project team, from both Parties, is responsible for the design, construction and commissioning of the facilities in accordance with a common agreed specifications and based on the preliminary design of the two facilities. The two facilities are operated by joint teams, under the supervision of a steering committee chaired by the "Leaders" of the program, with the exception of work undertaken for national programs.
The operations in the EPURE installation are carried out in accordance with French regulations; operations in the TDC facility are conducted in accordance with British regulations.
2.3. Each Party may independently conduct independent hydrodynamic tests required for its national programmes in the required safety and security conditions in the EPURE facility.
2.4. The TDC facility allows both Parties to undertake development work on radiographic equipment technologies used in the EPURE facility during its operational life.
2.5. Joint use of facilities does not imply that all work carried out by Parties is shared. Both facilities will be designed to ensure the security of national information and operations specific to each Party.
2.6. The detailed technical, financial, administrative and security arrangements relating to the design, construction, operation, maintenance, withdrawal of service and dismantling of common facilities are set out in separate and appropriate classification arrangements, in accordance with the provisions of this Treaty. Facilities arrangements will be finalized and finalized by Program Officers by 31 March 2011.
Article 3
Contact points
3.1. The Office of the Commissioner for Atomic Energy and Alternative Energy (CEA), represented by the Director of Military Applications (DAM), is the point of contact of the programme for the French Republic. It coordinates with other French agencies involved in this programme.
3.2. The Ministry of Defence, represented by the Chief Scientific Advisor, is the focal point for the United Kingdom of Great Britain and Northern Ireland. It coordinates with other British agencies involved in this programme.
3.3. The Director of Military Applications and the Chief Scientific Advisor of the British Ministry of Defence are the Programme Managers. Managers meet regularly, at least once a year, to review the implementation and effectiveness of the program, approve future directions and other program issues.
3.4. Given the sensitive nature of the program, the Heads also report on the progress of work to the High-level Panel that defines strategic direction and ensures the monitoring of the programme in accordance with the Treaty of Defence and Security Cooperation between the French Republic and the United Kingdom of Great Britain and Northern Ireland, signed in London on 2 November 2010.
Article 4
Construction programme
common facilities
4.1. The EPURE installation is built in two phases.
Phase 1 consists of:
(a) A first step of shooting including a first high performance radiographic machine where hydrodynamic experiments are carried out.
(b) An assembly hall for French operations and all associated facilities. This hall will be commissioned in 2014 to meet the requirements of the French program.
(c) Preparations for Phase 2, below referred to as "Extended Phase 1".
4.2. All tests carried out at Phase 1 facilities are carried out inside duly certified tanks.
4.3. Phase 2 includes:
(a) The necessary assembly facilities and annexes, designed, constructed and commissioned in 2016 to meet the requirements of the British program.
(b) A second high-performance radiographer on the first shot in 2019.
(c) A second step with the appropriate measurement capabilities to meet the needs for a number of tests to be carried out, as well as a waste treatment facility by 2022.
(d) A third high-performance radiography machine on the first shot in 2022.
4.4. The TDC installation consists of:
(a) a high-performance radiographic machine assembly/development hall with an X-ray x-ray x-ray annex cell.
b) labs to facilitate the study of laser, electrical and optical diagnostic equipment.
4.5. Experiences in the TDC facility do not use fissile material.
4.6. The TDC installation is designed, built and commissioned by 2014.
Article 5
Design and operational characteristics
of facilities
5.1. The EPURE installation includes separate areas as they are dedicated to exclusively national or common use.
5.2. The TDC facility includes common areas within a common facility. As an exception, the installation can be configured for national work only under the required safety and security conditions.
5.3. Office of the Commissioner for Atomic Energy and Alternative Energy ― Military Applications Directorate – is the owner and nuclear operator of the EPURE facility.
5.4. The Minister of Defence of the United Kingdom is the owner of the TDC facility, which is operated on behalf of AWE plc or any other designated company.
5.5. Subject to paragraph 5.7 below, the United Kingdom shall enjoy guaranteed and unimpededed access to the EPURE facility for 50 years or until the agreed date of agreement between the Parties in accordance with Article 17. The French Republic has secured and unimpededed access to the TDC facility for 50 years or until the agreed date between the Parties in accordance with Article 17.
5.6. The United Kingdom shall conduct all necessary tests in support of its national program in the EPURE installation without supervision by the French Republic, provided that these tests are certified by the United Kingdom nuclear safety authority as being in compliance with the approved safety rules for the facility and that they do not exceed the capacity of the facility. Similarly, the French Republic carries out all its necessary tests in the EPURE installation without supervision from the United Kingdom and ensures that they are conducted in accordance with the safety rules approved for the installation and that they do not exceed the facility's capacity.
5.7. The British area of the EPURE facility is accessible exclusively to British personnel. Access to this area is subject to the prior agreement of the United Kingdom Security Authority.
5.8. The French area of the EPURE installation is accessible exclusively to French staff. Access to this area is subject to the prior agreement of the security authority of the French Republic.
5.9. The occasional access of one of the Parties, to undertake work exclusively dedicated to its national programme in the TDC facility, is subject to the prior agreement of the Program Officers. This work is undertaken in an environment that respects safety and security conditions and in accordance with approved safety regulations.
5.10. Details of the operational management of EPURE and TDC facilities are set out in facilities arrangements.
Article 6
Financing, costs and benefits
6.1. Subject to paragraphs 6.2 and 6.3 below, Parties shall share equitably all financial costs and benefits resulting from their participation in the programme, including all relevant administrative and indirect costs. Similarly, the additional costs, risks or modifications to the approved technical specifications for the facilities covered by this Treaty are apportioned fairly and in accordance with the decisions taken by the Programme Officers.
6.2. The costs associated with the design, construction, operation, maintenance, final shutdown and dismantling of TEUTATES facilities are as follows:
(a) The French Republic supports the costs of Phase 1 of the EPURE installation.
(b) The UK supports the costs of the TDC installation.
As of 1 January 2015, with the exception of work undertaken exclusively within the framework of national programmes, Parties share equally the costs and benefits resulting from their participation in the joint programme, including all administrative and indirect costs associated with them.
6.3. More specific details on cost-sharing between Parties are specified in facilities arrangements.
Article 7
Conditions of employment
Mutual arrangements were agreed between the Parties to cover the terms and conditions of employment applicable to the staff they detache to work in the EPURE facility or in the TDC facility as appropriate. The underlying principle of these arrangements is that staff remain subject to the labour law of their nationality.
Article 8
Safety
8.1. The safety authority of the EPURE facility is the French security authority responsible for all nuclear defence applications, the "Delegated to Nuclear Safety and Radiation Protection for Defence Activities (DSND)" and the French regulations are applicable to the EPURE facility. The UK regulations apply to the TDC facility.
8.2. The French security authority recognizes as a nuclear operator the Office of the Commissioner for Atomic Energy and Alternative Energy, represented by the Director of the ECA Valduc site, who is legally responsible for the EPURE installation and its operation before the nuclear safety authority.
8.3. A safety arrangement is concluded between the ECA-DAM and the Ministry of Defence of the United Kingdom to allow the ECA-DAM to ensure that French security standards are met in the operations of the United Kingdom in the EPURE facility. Joint security inspections are conducted by the French and British security authorities. The French Republic provides the United Kingdom with all information concerning its regulations. Conversely, mutual arrangements are made for the French operations carried out in the TDC facility in accordance with the United Kingdom security regulations.
8.4. More detailed information on facility safety management is provided in facilities arrangements.
8.5. The applicable regulation of either Party shall not be changed throughout this Treaty without prior consultation with the other Party.
Article 9
Other nuclear defence agreements
Security Council
The provisions of this Treaty shall not affect the rights or obligations of each Party under other nuclear agreements to which they are Parties.
Article 10
Waste
10.1. Wastes from testing and experiments remain the ownership and responsibility of the country of origin. Unless otherwise agreed, waste from the tests carried out by the United Kingdom in the EPURE facility remains the property of the United Kingdom to which it is returned after treatment and packaging. Similarly, waste from French operations in the TDC facility remains the property of the French Republic to which they are returned, unless otherwise agreed.
10.2. More detailed information on waste management is provided in facilities arrangements.
Article 11
Transport
11.1. With respect to air travel, components of the systems to be tested or packages transported by an aircraft approved by the United Kingdom, between British and French air bases, are transported in accordance with the applicable British nuclear regulations for military and nuclear defence aviation.
11.2. The safety of the air transport of the components of the systems to be tested in the United Kingdom is the responsibility of the United Kingdom during the overflight of British territory, including its territorial waters and international waters, and the responsibility of the French Republic during the overflight of French territory, including its territorial waters.
11.3. Civil liability for damage caused in connection with the air transport of the components of the systems to be tested falls within the United Kingdom until the package is transferred to the representatives of the French Republic on the French military airbase. Upon his return to the United Kingdom, he assumed responsibility once the package was placed in the custody of the representative of the United Kingdom. However, the United Kingdom ' s civil liability is limited if it is due to negligence or violation of legal obligations, regulations or procedures by the French Republic ' s air control services.
11.4. The components and materials used in the TDC facility are transported by an aircraft approved by the French Republic between a French military airbase and a military airbase in the United Kingdom in accordance with the regulations of French military aviation.
11.5. The safety of the air transport of French cargo parcels to the United Kingdom is the responsibility of the French Republic during the overflight of the French territory, including its territorial waters and international waters, and the responsibility of the United Kingdom during the overflight of the British territory, including its territorial waters.
11.6. Civil liability for damage caused in connection with the air transport of packages of equipment is vested in the French Republic until the parcel is transferred to the representatives of the United Kingdom on the British military airbase. Upon return to France, it assumes responsibility once the package is placed in the custody of the French representative. However, the civil liability of the French Republic is limited if it is due to negligence or violation of legal obligations, regulations or procedures by the United Kingdom air control services.
11.7. More specific details on the transport of test components and consignments of materials are set out in facilities arrangements.
Article 12
Exclusive information
12.1. The Parties shall enter into arrangements for the exchange of information, including classified information, for the purposes of cooperation under this Treaty, subject to the provisions of the Agreement between the Government of the French Republic and the Government of the United Kingdom of Great Britain and Northern Ireland concerning the mutual protection of classified information, signed in London on 27 March 2008, or any subsequent agreement. Under these arrangements, information provided by one of the Parties to the other Party may only be used for the purposes for which it was provided.
12.2. With respect to information for which there is intellectual property rights, no provision of this Treaty authorizes or governs the communication, use, exchange or disclosure of information, classified or not, for which there is intellectual property rights, unless the specific written authorization of the owner of the said rights has been obtained, whether it is a Party to this Treaty or a third party.
Article 13
Accountability
13.1. In the event of damage to property, injury or death resulting from a voluntary act or omission or a serious negligence of any of the Parties, its personnel or agents, the said Party shall be fully responsible for the satisfaction or treatment of any resulting claim for compensation.
13.2. In cases not covered by paragraph 13.1, liability for injury or damage to property arising out of British operations conducted by British personnel either in the United Kingdom area or in the common areas of the EPURE facility or in the TDC facility is the responsibility of the United Kingdom exclusively. However, this liability is limited if the incident or damage is attributable to negligence or breach of legal obligations, regulations or procedures by French personnel providing their support and services to United Kingdom operations.
13.3. Liability for injury or damage to property resulting from joint operations carried out by the French Republic and the United Kingdom in the common area of the EPURE facility or in the TDC facility is shared by the French Republic and the United Kingdom.
13.4. In cases not covered by paragraph 13.1, liability for injury or damage caused to property resulting from French operations conducted by French staff either in the French area or in the common areas of the EPURE facility or in the TDC facility is the responsibility of the French Republic exclusively. However, this liability is limited if the incident or damage is attributable to negligence or violation of legal obligations, regulations or procedures by British personnel providing support and services to the operations of the French Republic.
13.5. The civil liability for nuclear damage resulting from operations carried out in the EPURE facility, regardless of the area concerned in the facility, reports to the Office of the Commissioner for Atomic Energy and Alternative Energy, as a nuclear operator, in accordance with French legislation and the Paris Convention on Civil Liability in the Field of Nuclear Energy. However, the Office of the Commissioner for Atomic Energy and Alternative Energy has a right of appeal against the United Kingdom if the incident or damage is due to negligence or breach of legal obligations, regulations or procedures by United Kingdom staff.
Article 14
Design, construction, maintenance,
final shutdown and dismantling of facilities
In accordance with European and national legislation, French and British and European companies benefit from the same opportunities to bid on all contracts related to the TDC facility or Phase 2 of the EPURE facility.
Article 15
Language
15.1. French and English are used as common languages of common facilities and have the same value.
15.2. All approved documents relating to the design, construction, operation, management and final disposition of both facilities must be written in English and French and have the same value.
Article 16
Settlement of disputes
Any dispute relating to the interpretation or application of the provisions of this Treaty shall, to the extent possible, be resolved through consultations between the Parties. If a dispute cannot be resolved through consultations, Parties may decide to rely on a dispute resolution mechanism. The Parties shall decide on the appropriate mechanism.
Article 17
Duration
This Treaty remains in force throughout the life cycle of facilities, including during upgrades. The total life cycle (including design, construction, operation, final shutdown and dismantling) of the two facilities is 50 years or beyond an agreed date between the Parties.
Article 18
Withdrawal or denunciation
18.1. Following the receipt of final approvals of the national investment authorizing the launch of Phase 2 of the EPURE facility, each Party may, on a 10-year notice, withdraw from this Treaty, except in the event of conflicting obligations between future treaties that may arise for one of the Parties. In this case, the Party may withdraw on a one-year notice.
18.2. Subject to the above provisions, if the United Kingdom withdraws from this Treaty during the period of operation of the EPURE facility, the French Republic will have full operational use and the United Kingdom will have to pay for its dismantling pro rata temporis at the end of its operational life. If the French Republic withdraws from the TDC facility during the operating period of this facility, the United Kingdom will have full operational use of the facility and the French Republic will have to pay for its dismantling pro rata temporis.
18.3. If the French Republic withdraws from the EPURE facility for the 25 years following the entry into force of this Treaty, the United Kingdom will be able to recover all of its capital invested in the facility. The same rule applies if the UK withdraws from the TDC facility.
Article 19
Amendments
This Treaty may be amended at any time in writing by mutual agreement between the Parties.
Rule 20
Entry into force
This Treaty comes into force on the first day of the second month following the deposit of the last of the two instruments of ratification.
In faith, the undersigned, duly authorized by their respective Governments, have signed this Treaty.
Done in London on 2 November 2010, in duplicate, in French and English, both texts being equally authentic.
For the French Republic:
President of the Republic,
Nicolas Sarkozy
For the United Kingdom
of Great Britain
and Northern Ireland:
The Prime Minister,
David Cameron
The Prime Minister,
François Fillon
Minister for Foreign Affairs
and European,
Bernard Kouchner
Minister of Defence,
Hervé Morin
Done on 4 October 2011.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
The Minister of State,
Minister for Foreign Affairs
and European,
Alain Juppé
