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 la Act No. 2006-739 of 28 June 2006 programme on the sustainable management of radioactive materials and wastes;
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. 2010-1167 of 30 September 2010 publishing the agreement in the form of an exchange of letters between the Government of the French Republic and the Government of the Kingdom of the Netherlands concerning the treatment in France of irradiated fuel elements (a whole of a amending agreement, signed in Paris on 9 February 2009), signed in Paris on 29 May 1979,
Decrete:
The agreement between the Government of the French Republic and the Government of the Kingdom of the Netherlands on the treatment in France of Dutch irradiated fuel elements, signed in The Hague on 20 April 2012, 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
BETWEEN THE GOVERNMENT OF THE FRANÇAISE REPUBLIC AND THE GOVERNMENT OF THE GOVERNMENT OF COUNTRIES-BAS RELATING TO THE WORK IN FRANCE OF IRADIATED COMBUSTIBLES
The Government of the French Republic, on the one hand,
And
The Government of the Kingdom of the Netherlands, on the other hand,
Considering:
The agreement in the form of an exchange of letters between the Government of the French Republic and the Government of the Kingdom of the Netherlands relating to the treatment in France of irradiated fuel elements (a draft agreement signed in Paris on 9 February 2009), signed in Paris on 29 May 1979;
The contract for the processing of all used fuels from the Borssele reactor located in the Netherlands province of Zeeland, signed on 20 December 2011 between N.V. ELEKTRICITEITS-PRODUKTIEMAATSCHAPPIJ ZUID-NEDERLAND (hereinafter referred to as EPZ) and AREVA NC, whose entry into force is conditioned by this Agreement;
Article L. 542-2-1-I of the Environmental Code, derived from French law No. 2006-739 of 28 June 2006 on the sustainable management of radioactive materials and wastes, which states: "The storage in France of radioactive waste from abroad as well as of radioactive waste from the treatment of used fuels and radioactive waste from abroad is prohibited";
Article L. 542-2-1-I of the Environmental Code, derived from French law No. 2006-739 of 28 June 2006 on the sustainable management of radioactive materials and wastes, which states: " Waste fuels or radioactive wastes may only be introduced in the national territory for the purposes of treatment, research or transfer between foreign states.
The introduction for processing purposes can only be authorized under intergovernmental agreements and provided that radioactive wastes derived from the treatment of these substances are not stored in France beyond a date fixed by these agreements. The agreement sets out the predictive times for receiving and processing these substances and, where appropriate, the prospects for further use of separate radioactive material during processing. »
The following agreed:
Article 1
This Agreement refers to the processing operations in France of used fuels from the Netherlands, as provided for in the above-mentioned contract. It is concluded in compliance with the nuclear safety and radiation protection regulations.
In accordance with the articles L. 542-2 and L. 542-2-1-I of the above-mentioned environmental code, the introduction in the French territory of Dutch used fuels is carried out for the purpose of processing by AREVA NC and cannot result in the storage of radioactive waste from abroad or that of radioactive waste from the treatment of spent fuel in French territory.
The introduction in France of used fuels is authorized subject to obtaining the necessary authorizations for their treatment under nuclear safety regulations, and subject to compliance with the following provisions.
Article 2
The introduction in France of used fuels of the Borssele reactor is scheduled between the date of entry into force of this Agreement and 31 December 2049.
Article 3
The treatment of spent fuel is planned for a period of six years following the year of their arrival at the La Hague plant.
Article 4
In accordance with the obligations and commitments agreed to in Article 1 of this Agreement, radioactive wastes derived from the treatment of these fuels have returned to the Netherlands, which undertake to receive them as packaged waste. The return of these radioactive wastes is scheduled no later than eight years after the treatment of the corresponding spent fuels.
Article 5
The latest releases of radioactive wastes related to the treatment of these spent fuels take place by 31 December 2052.
Article 6
a. The French Government undertakes to make the necessary and relevant arrangements to enable the implementation of the provisions of this Agreement.
b. The Government of the Netherlands undertakes to make the necessary and relevant arrangements to enable the implementation of the provisions of this Agreement.
c. In particular, the Government of the Netherlands undertakes to ensure compliance with the deadlines set out in this Agreement in the licensing procedures, permits and licences required for the shipment of radioactive waste to the Netherlands in a storage or storage facility in accordance with the existing safety rules.
Article 7
The transport of radioactive waste to the territories of the French Republic, any transit State and the Kingdom of the Netherlands shall be carried out by the Parties in accordance with the regulations in force.
Article 8
Uranium from the treatment of spent fuels will be made available to EZP to resume or recycle it in the form of new nuclear fuels in the Netherlands or any other civil-use reactor.
plutonium from the treatment of spent fuel will be used by AREVA NC to complete the wheel of raw materials from its MELOX plant, or to supply MOX fuel to its customers.
Article 9
In the event of a dispute, the Parties shall consult with each other with a view to resolving it expeditiously by means of negotiations, mediation, conciliation or by any other peaceful means acceptable to them, including by mutual consent the International Court of Justice in accordance with the Statute of the latter, or, for matters under the law of the European Union, by compromise within the meaning of Article 273 of the Treaty on the Functioning of the European Union, in conjunction with Article 106 bis
Article 10
Each Party shall notify the other of the completion of the required procedures for the entry into force of this Agreement, which shall enter into force on the first day of the second month following the receipt of the second notification.
This Agreement shall be valid until the date of the last return of radioactive waste or nuclear material from the treatment of spent fuel entering its scope.
In faith, the representatives of the two Governments, duly authorized to do so, have signed this Agreement.
Done in The Hague on 20 April 2012, in duplicate, in French and Dutch languages, both texts being equally authentic.
Done on 27 December 2013.
François Hollande
By the President of the Republic:
The Prime Minister,
Jean-Marc Ayrault
Minister of Foreign Affairs,
Laurent Fabius
Pierre Menat
Ambassador of France
Maxime Verhagen
Minister of Economy,
Agriculture and Innovation
