Decree No. 2013-675 25 July 2013 On The Publication Of 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 The Energi...

Original Language Title: Décret n° 2013-675 du 25 juillet 2013 portant publication de l'accord de coopération entre le Gouvernement de la République française et le Gouvernement du Royaume d'Arabie saoudite pour le développement des utilisations pacifiques de l'énergi...

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Summary pursuant to sections 52 to 55 of the Constitution.
Keywords foreign, INTERNATIONAL agreement, BILATERAL agreement, FRANCE, Saudi Arabia, nuclear energy, development, use Pacific, policy nuclear, nuclear COOPERATION, agreement of COOPERATION JORF n ° 0173 July 27, 2013 page 12558 text no. 6 Decree No. 2013-675 25 July 2013 on the publication of the cooperation agreement between the Government of the French Republic and the Government of the Kingdom of Saudi Arabia for the development of peaceful uses of nuclear energy (set a schedule) signed at Riyadh on February 22, 2011 (1) NOR: MAEJ1318474D ELI: https://www.legifrance.gouv.fr/eli/decret/2013/7/25/MAEJ1318474D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2013/7/25/2013-675/jo/texte the President of the Republic, on the report of the Prime Minister and the Minister of Foreign Affairs, pursuant to the Constitution, particular articles 52 to 55.
Having regard to Decree No. 53-192, 14 March 1953 as amended relating to the ratification and the publication of the international commitments entered into by France;
Having regard to Decree No. 92 - 1019 September 21, 1992 on the publication of the Treaty on the non-proliferation of nuclear weapons, made in Washington, London and Moscow on 1 July 1968, enacts as follows: Article 1 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 (set a schedule) signed at Riyadh on February 22, 2011, will be published in the Official Journal of the French Republic.


Article 2 the Prime Minister and the Foreign Minister are responsible, each in relation to the implementation of this Decree, which shall be published in the Official Journal of the French Republic.


A C C O R D of COOPERATION between the Government of the Republic FRANÇAISE and the Government of Kingdom of Saudi Arabia for the development of uses peaceful of the nuclear energy (set a schedule) 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 friendship between the two countries.
Eager to expand and strengthen in the interests of the two States and in accordance with the principles governing their respective nuclear policies, cooperation in the field of the use of nuclear energy for exclusively peaceful and non-explosive purposes;
Whereas the respective obligations of the Parties on non-proliferation, in particular 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 resolution 1540 of the Security Council of United Nations;
Stressing the importance for each of the parts of the security of its energy supplies and the need for enhanced cooperation in the field of energy;
Whereas the entry into force of the comprehensive safeguards agreement signed by the Kingdom of Saudi Arabia and the I.A.E.A. June 15, 2005 and the fact that the Kingdom of Saudi Arabia shall consider concluding an additional protocol;
Affirming their support for the system of guarantees of the I.A.E.A. and their desire to work together to ensure its improvement and sustainability of its effectiveness;
Considering also the wish of the Parties to take the provisions of their spring necessary for a safe and sustainable development of nuclear energy, in compliance with the principles and provisions laid down in the Convention on nuclear safety, the Convention on the physical protection of nuclear material and its amendment, the Joint Convention on the safety of spent fuel management and the safety of the management of waste radioactive , the Convention on early notification of a nuclear accident, the Convention on assistance in the case of nuclear accident or radiological emergency, the Convention on third party liability in the field of nuclear energy and the Vienna Convention on liability for nuclear damage, have agreed upon the following provisions: 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 laws and regulations applicable in each country and in accordance with the international obligations and commitments of each party.
2. the cooperation mentioned in paragraph 1 of the present article may be initiated in the following areas: ― application of nuclear energy to electrical energy production and water desalination;
― training of human resources in the field of the peaceful uses of nuclear energy;
— development of the applications of nuclear energy in the fields of Agronomy, biology, the science of the Earth, medicine and industry.
― Basic and applied research, applicant for what concerns research reactors, the use of uranium enriched to 20% and more isotope U235 or U233 or requiring the use of water heavy as moderator;
― exploration and exploitation of uranium deposits;
― management of spent fuel and nuclear waste;
― nuclear safety, radiation protection and environmental protection;
― nuclear safety;
― prevention and response to emergency situations related to radiological or nuclear accidents;
― development of legislation and regulations in the nuclear field;
― provision of information to the public on matters relating to the peaceful uses of nuclear energy;
or any other area of cooperation agreed between the Parties.
3. cooperation may take the following forms: ― Exchange and training of scientific and technical personnel;
― Exchange of scientific and technical information, in accordance with article V of this agreement;
― involvement of scientific and technical personnel of one of the Parties to the research and development carried out by the other party;
― conduct joint research and engineering, including research and joint experiments;
― conferences and scientific and technical seminars;
― provision of materials, nuclear materials, equipment, facilities, technologies and services;
― involvement in the review of the draft regulations;
or any other form of cooperation agreed between the Parties.
Article II in this agreement, all terms and expressions have the precise meaning in the annex which is an integral part of this agreement.
Section III conditions for the application of the cooperation of the Parties set out in article 1 are specified, case by case, in compliance with the provisions of this agreement: ― by specific agreements between the Parties or agencies concerned, designated by them, to specify in particular the programmes and the arrangements for scientific and technical exchanges;
― by contracts concluded between the agencies, companies and institutions involved, for the industrial achievements and the provision of materials, nuclear materials, equipment, facilities, technologies and services.
It is understood between the Parties that the participation of organizations, companies, or french and Saudi institutions in the implementation of cooperation in the territory of the Kingdom of Saudi Arabia under this Agreement shall preclude in any way whatsoever to their future participation, participation bodies, companies or french or Saudi institutions having direct or indirect relationships with them , to the development of a programme of civil nuclear power in the Kingdom of Saudi Arabia. Participation in the implementation of cooperation in the framework of this agreement is subject to the approval of the Joint Committee set up under article XVI of this agreement.
Article IV the Parties shall take all administrative, fiscal and customs of their jurisdiction measures necessary for the proper execution of this agreement as well as specific agreements and contracts referred to in article III of this agreement.
Article V the Parties guarantee the security and preserve the confidentiality of technical data and information designated as such by the party that the information under this agreement. Technical data and the information exchanged may only be communicated to a third party, public or private, without prior consent in writing by the party providing the technical data or information.
Article VI the Parties shall ensure that cooperation conducted under this agreement is compatible with the implementation and maintenance of the highest level of safety and security nuclear.
Article VII the rights of intellectual property acquired under the cooperation provided for by this agreement and by specific agreements and contracts referred to in article III of this agreement are assigned to the case-by-case basis.
Article VIII to compensate for damage caused by a nuclear incident, the Parties will agree to a civil liability regime based on the principles established by the major relevant international instruments, in particular: i) responsibility exclusively to the operators of nuclear facilities;
(ii) absolute liability of the operator (namely that the operator is liable for, that there is fault or not);
(iii) limited as to the amount.

In this context, operators of the Parties must obtain the appropriate insurance coverage.
Article IX the Parties ensure that the materials, nuclear materials, equipment, facilities and technologies transferred under arrangements made under this agreement, as well as nuclear materials obtained or recovered as by-products, are used only for peaceful purposes and not explosive.
Article X 1. All nuclear material held by the Kingdom of Saudi Arabia or transferred to it under this agreement and notified by the French Republic to this effect and all successive generations of nuclear materials recovered or obtained as by-products, are subject to the controls of the I.A.E.A. pursuant to the safeguards agreement concluded between the Kingdom of Saudi Arabia and the I.A.E.A. on June 16, 2005 that apply to all nuclear material in all nuclear activities carried out in the territory of the Kingdom of Saudi Arabia, under its jurisdiction, or companies under its control in any place whatsoever, supplemented by the additional protocol when it enters into force.
2. all nuclear materials held by the French Republic or transferred to it under this agreement and notified by the Kingdom of Saudi Arabia to this effect and all generations of nuclear materials recovered or obtained as by-products are subject to controls of security of the Community European Atomic Energy and the safeguards system applied by the I.A.E.A. under the agreement signed by the France , the European Atomic Energy Community and the I.A.E.A. on 20 and 27 July 1978 and relating to the application of safeguards in France, as supplemented by the additional protocol signed on September 22, 1998.
Article XI to the guarantees of the I.A.E.A. referred to in article X of this agreement could apply on the territory of one or the other party, the Parties undertake to immediately report to submit nuclear material transferred or obtained pursuant to this agreement, as well as all successive generations of nuclear material obtained or recovered as by-products in the shortest to a mutually agreed system of guarantees, effective and equivalent to those in scope previously applied by the I.A.E.A. to such nuclear materials.
Article XII materials, nuclear materials, equipment, facilities and technologies referred to in article IX of this Agreement remain subject to the provisions of this agreement up to this: a) that they were transferred or re-transferred beyond the jurisdiction of the recipient party in accordance with the provisions of article XIV of this agreement, or b) that the Parties decide by mutual agreement of removing (, or c) be established with regard to nuclear material, they are almost more recoverable to be usable for a form any nuclear activity relevant from the point of view of the guarantees referred to in article X of this agreement.
Article XIII 1. Each Party shall ensure materials, nuclear materials, equipment, facilities and technologies referred to in article IX of this agreement are only subject to the control of persons under its jurisdiction and equipped with all the necessary qualifications for the particular activity which they have responsibility.
2. each Party shall ensure that, within its territory or, outside its territory to the point where this responsibility is supported by the other party or by a third State, adequate measures of physical protection of materials, nuclear materials, equipment and facilities referred to in this agreement are taken, in accordance with its national legislation and international commitments to which it is party in particular the provisions of the Convention on the physical protection of nuclear material and its amendment.
3. the levels of physical protection are at least those specified in Appendix I of the Convention on the physical protection of nuclear material. Each party reserves the right, where appropriate, in accordance with its national regulations, to apply more stringent criteria of physical protection of 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 inspired by the document of the I.A.E.A. infcirc/225/rev.4.
Amendments to the recommendations of the I.A.E.A. in relation to physical protection take effect pursuant to this agreement only when the two Parties are informed each other in writing of their acceptance of such amendment.
Article XIV 1. In case one party plans to retransfer outside its jurisdiction of materials, nuclear materials, equipment, facilities and technologies referred to in article IX, or transfer materials, nuclear materials, facilities, equipment and technology from installations or transferred technologies originally transferred or obtained through equipment, installations or equipment referred to in article IX under this agreement It does so only after obtaining the same assurances, in particular of peaceful use and explosive than those provided for by this agreement.
2. in addition, the party which envisages a transfer or retransfer in accordance with the provisions of paragraph 1 of this article must first obtaining the written consent of the provider part: has) to any retransfer of facilities, equipment or technologies such as defined in the annex and provided under this agreement;
(b) for any transfer of facilities or equipment of the installations or equipment referred to in paragraph a) of the present article, or designed from the technologies referred to in paragraph a) above;
(c) for any transfer or retransfer of plutonium produced or recovered from nuclear material transferred pursuant to this agreement, or to any retransfer of nuclear material transferred pursuant to this agreement to the Kingdom of Saudi Arabia.
3A inside of the European Union, the transfers and retransfers of materials, equipment, facilities and nuclear technology are subject to the provisions of chapter IX of the Treaty establishing the European Atomic Energy Community and the regulations establishing a European scheme for the control of exports of goods and dual-use technologies.
Article XV none of the provisions of this agreement may be interpreted as affecting the rights and obligations which, at the date of its signature, result from the participation of other party to other international agreements for the use of nuclear energy for peaceful purposes, inter alia, for the French part of his belonging to the EURATOM community.
Article XVI the Parties create a joint commission on the promotion and monitoring of cooperation undertaken under this agreement. The Joint Commission is chaired by two co-chairs of each party. The co-chairs decide the composition of the Joint Commission on a basis of equality. The Joint Committee decided its internal regulation and its programme of work. Working groups may be established to discuss specific issues relating to the development of the peaceful uses of nuclear energy in the Kingdom of Saudi Arabia under specific arrangements between organizations designated by the Parties.
Article XVII the Parties shall endeavour to resolve any dispute concerning the interpretation or application of this agreement by negotiation, mediation, conciliation, or by any other peaceful means of settlement of disputes where the Parties agree.
Article XVIII this agreement may be amended by written agreement between the Parties. This amendment will enter into force on the date on which Parties will will be mutually informed in writing of the completion of their respective internal procedures required for its entry into force.
Article XIX 1. This agreement is concluded for a period of twenty years. It may be terminated at any time by one or other of the Parties. Any denunciation shall be notified in writing with six months notice.
At the end of this period of twenty years, it remains in effect as long as it has not 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 continue to apply to specific agreements that are in force and contracts signed under section III.
― the provisions of sections V, VI, VII, VIII, IX, X, XI, XII, XIII and XIV continue to apply to the materials, nuclear materials, equipment, facilities and technologies referred to in article IX transferred pursuant to this agreement, as well as to nuclear materials recovered or obtained as by-products.
Article XX each Party shall notify the other party the accomplishment of the internal procedures required by far for the entry into force of this agreement. It shall enter into force on the date of receipt of the last notification.
In faith whereof the representatives of the two Governments, duly authorized thereto, have signed this agreement.
Done at Riyadh, February 22, 2011, in two copies, in Arabic and French languages both texts being equally authentic.

Annex



A N N E X E for the purposes of this agreement: a) 'substances' means non-nuclear materials for reactors, specified in paragraph 2 of Annex B of the guidelines of the nuclear suppliers group published by the I.A.E.A. in document infcirc/254/rev.9/part.1 (hereinafter referred to as "the guidelines").
(b) "nuclear material" means any 'raw material' or just 'special fissionable material' according to the definition of these terms in article XX of the Statute of the I.A.E.A.
(c) the term 'equipment' means the main components specified in paragraphs 1, 4 and 7 of Annex B of the Directives.
(d) "facilities" means plants referred to in paragraphs 1, 4 and 7 of Annex B of the Directives.
(e) the term "technology" means specific information necessary for the "development", "production" or "use" of any item listed in the Annex B of the Directives, with the exception of the data provided to the public, for example through periodicals, published books, or which have been made available worldwide without restriction of broadcast.
This information can take the form of «technical data» or «technical assistance»
'Development' means all phases prior to "production", including studies, research related to design, assemblies and testing of prototypes and execution plans.
'Production' means all phases of production, including the construction, production engineering, manufacture, integration, Assembly, inspection, testing and quality assurance.
"Use" means the implementation, installation (including on-site installation), maintenance, repairs, disassembly of revision and restoration.
'Technical assistance' may take forms such as instruction, skills, training, know-how and consulting services.
'Technical data' may consist of layers, plans, drawings, manuals and instructions written or recorded on other media such as disks, tapes, or passive memories form.
(f) 'information' means any information, documentation or any data of any nature whatsoever, transmissible in a physical form on materials, equipment, facilities or technologies subject to this agreement, excluding the information, documentation and data accessible to the public.

Is July 25, 2013.
François Hollande by the President of the Republic: Prime Minister Jean-Marc Ayrault Foreign Minister Laurent Fabius for the Government of the French Republic: h.e. Mr. Eric Besson Minister to the Minister of economy, finance and industry, responsible for industry, energy and the digital economy for the Government of the Kingdom of Saudi Arabia: h.e. Mr. Hashem A. Yamani Chairperson of the of King Abdullah city for nuclear and renewable energies (KACARE) (1) the present agreement entered into force on 25 June 2013.

Related Laws