Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Considering the Constitution, in particular articles 52 to 55;
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:
The cooperation agreement between the Government of the French Republic and the Government of the Kingdom of Saudi Arabia for the development of the peaceful uses of nuclear energy (a consolidated annex), signed in Riyadh on 22 February 2011, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs are responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
A C C O R D
OF COOPERATION BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE GOVERNMENT OF THE SAUDI ARAB ROYAL FOR THE DEVELOPMENT OF THE PACIFIC USE OF NUCLEAR ENERGY (ENSEMBLE ANNEX)
The Government of the French Republic and the Government of the Kingdom of Saudi Arabia (hereinafter 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 the two States and in accordance with the principles governing their respective nuclear policy, cooperation in the field of the use of nuclear energy for exclusively peaceful and non-explosive purposes;
Considering the respective non-proliferation obligations of the two Parties, in particular under the Treaty of 1 July 1968 on the Non-Proliferation of Nuclear Weapons (hereinafter referred to as the NPT), and the relevant international obligations, in particular United Nations Security Council resolution 1540;
Stressing the importance for each Party of the security of its energy supplies and the need for enhanced cooperation in the energy sector;
Considering the entry into force of the Comprehensive Safeguards Agreement signed by the Kingdom of Saudi Arabia and the A.I.E.A. on 15 June 2005 and the fact that the Kingdom of Saudi Arabia will consider concluding an additional protocol;
Affirming their support for the A.I.E.A. safeguards system and their desire to work together to ensure its improvement and sustainability of its effectiveness;
Considering also the willingness of the Parties to take the necessary steps for the safe and sustainable development of nuclear energy, in accordance with the principles and provisions of the Convention on Nuclear Safety, the Convention on the Physical Protection of Nuclear Material and its amendment, the Convention on the Safety of Waste Fuel Management and the Safety of Radioactive Waste Management, the Convention on the Rapid Notification of a Nuclear Safety Accident, the Convention on Assistance in Cases
The following provisions were agreed:
Article I
1. The Parties shall cooperate in the field of the use of nuclear energy for peaceful and non-explosive purposes in accordance with the provisions of this Agreement and the applicable laws and regulations 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:
- application of nuclear energy to the production of electrical energy and the desalination of water;
- 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;
– fundamental and applied research does not require, for research reactors, the use of uranium enriched to 20% or more in U235 or U233 isotopes or requiring heavy water as a moderator;
- exploration and exploitation of uranium deposits;
management of used fuel and nuclear waste;
nuclear safety, radiation protection and environmental protection;
nuclear security;
prevention and response to emergencies related to radiological 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 in accordance with Article V of this Agreement;
- 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;
participation in the review of regulatory projects;
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 which is an integral part of this Agreement.
Article III
The conditions for the application of cooperation between the Parties 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 materials, nuclear materials, equipment, facilities, technologies and services.
It is understood between the Parties that the participation of French and Saudi organizations, undertakings or establishments in the implementation of cooperation in the territory of the Kingdom of Saudi Arabia under this Agreement does not constitute an obstacle in any way to their future participation, or to the participation of organizations, undertakings or institutions of French or Saudi Arabia with direct or indirect relations with them Participation in the implementation of cooperation under this Agreement shall be subject to the approval of the joint commission established under Article XVI of this Agreement.
Article IV
The Parties shall take all administrative, fiscal and customs measures of their jurisdiction necessary for the effective implementation of this Agreement and specific agreements and contracts referred to in Article III of this Agreement.
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. Technical data and information exchanged may not be communicated to a third party, public or private, without prior written consent by the Party providing 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 and the specific agreements and contracts referred to in Article III of this Agreement shall be assigned on a case-by-case basis.
Article VIII
In order to compensate for damage caused by a nuclear incident, Parties will agree on a civil liability regime based on the principles established by the main relevant international instruments, in particular:
(i) sole responsibility for operators of nuclear facilities;
(ii) absolute liability of the operator (i.e. the operator is held responsible, whether or not there is a fault);
(iii) limited liability for the amount.
In this context, the operators of the Parties will be required to subscribe to appropriate assurances.
Article IX
The Parties shall ensure that the materials, nuclear materials, equipment, facilities and technologies transferred in the framework of arrangements made under this Agreement, as well as nuclear materials obtained or recovered as by-products, are used only for peaceful and non-explosive purposes.
Article X
1. Any nuclear material held by or transferred to the Kingdom of Saudi Arabia under this Agreement and notified by the French Republic to that effect, 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 concluded between the Kingdom of Saudi Arabia and the A.I.E.
2. All nuclear material held by or transferred to the French Republic under this Agreement and notified by the Kingdom of Saudi Arabia to this effect, 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 signed by 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 shall immediately enter into a report with a view to submitting, as soon as possible, the nuclear material transferred or obtained under this Agreement, and all successive generations of nuclear material obtained or recovered as mutually beneficial by-products,
Article XII
The materials, nuclear materials, equipment, facilities and technologies referred to in Article IX 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
(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 X 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 Convention on the Physical Protection of Nuclear Material and its amendment.
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 implementing 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 the equipment or facilities transferred from or obtained through the equipment, facilities or technologies transferred under Article IX within the framework of this Agreement, it shall do so only after having obtained the same peaceful means, in particular the Agreements
2. In addition, a Party considering a transfer or retransfer in accordance with the provisions of paragraph 1 of this article shall obtain prior written 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) of this section, or designed from the technologies referred to in paragraph (a) above;
(c) for any transfer or transfer of plutonium produced or recovered from nuclear material transferred under this Agreement, or for any transfer of nuclear material transferred under this Agreement to the Kingdom of Saudi Arabia.
3. Within the European Union, transfers and transfers of nuclear materials, equipment, facilities and technologies are subject to the provisions of Chapter IX of the Treaty establishing the European Atomic Energy Community and the regulations establishing a European 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, its membership in the EURATOM Community.
Article XVI
The Parties shall establish a joint commission to promote and monitor cooperation under this Agreement. The Joint Commission is chaired by two co-chairs of each Party. The co-chairs decide on the composition of the Mixed Commission on an equal basis. The Joint Commission decides on its internal regulations and programme of work. Working groups may be established to discuss specific issues related to the development of the peaceful uses of nuclear energy in the Kingdom of Saudi Arabia based on specific arrangements between bodies designated by the Parties.
Article XVII
The Parties shall endeavour to resolve any dispute relating to the interpretation or application of this Agreement by negotiation, mediation, conciliation or by any other peaceful means of dispute resolution on which the Parties agree.
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 have mutually informed in writing of the performance of their respective internal procedures required for its entry into force.
Rule XIX
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 shall remain in force until it has been denounced by either of the Parties in accordance with the procedure referred to in paragraph 1 of this Article.
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 that are in force and to contracts signed under Article III;
- the provisions of Articles V, VI, VII, VIII, IX, X, XI, XII, XIII and XIV continue to apply to substances, nuclear material, equipment, facilities and technologies referred to in Article IX transferred pursuant to this Agreement, as well as to nuclear material 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 Riyadh on 22 February 2011, in two copies, in French and Arabic, both texts being equally authentic.
A N N E X E
For the purposes of this Agreement:
(a) The term "material" means 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 "gross material" or any "special fissile material" in accordance with the definition of those terms 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 Guidelines.
(d) The term "installations" means 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, published books, or that have been made internationally accessible without any restrictions on dissemination.
This information may take the form of "technical data" or "technical assistance".
The term "development" refers to all phases prior to "production", including studies, research relating to the design, assembly and testing of prototypes 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" can be made up 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" means any information, documentation or data, of any kind, transmitted in a physical form, relating to materials, equipment, facilities or technologies subject to this Agreement, excluding information, documentation and data accessible to the public.
Done on 25 July 2013.
François Hollande
By the President of the Republic:
The Prime Minister,
Jean-Marc Ayrault
Minister of Foreign Affairs,
Laurent Fabius
For the Government
of the Republic of
French:
H.E.M. Eric Besson
Minister to the Minister
of the economy,
Finance
and industry,
responsible for the industry,
of energy
and the digital economy
For the Government
of the Kingdom of Arabia
Saudi Arabia:
H.E.M. Hashem A. Yamani
Chairman of the Committee
King Abdullah
for Nuclear Energy
and Renewable Energy
(KACARE)
