Key Benefits:
The President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Having regard to Articles 52 to 55 of the Constitution;
Given the Decree No. 53-192 of 14 March 1953, as amended concerning the ratification and publication of international commitments entered into by France,
Décrète:
The Framework Agreement for a Multilateral Nuclear Environmental Programme in the Russian Federation, Made in Stockholm on 21 May 2003, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs shall be responsible for the execution of this Decree, each of which shall be published in the Official Journal of the French Republic.
A C C O R D-C A D R E
FOR A MULTILATERAL ENVIRONMENTAL PROGRAM IN NUCLEAR DOMAIN IN RUSSIAN FEDERATION
The Government of the Kingdom Belgium, the Government of the Kingdom of Denmark, the Government of the Republic of Finland, the Government of the French Republic, the Government of the Federal Republic of Germany, the Government of the Kingdom of the Netherlands, the Government Of the Kingdom of Norway, the Government of the Russian Federation, the Government of the Kingdom of Sweden, the Government of the United Kingdom of Great Britain and Northern Ireland, the Government of the United States of America, the European Community and the European Atomic Energy Community (hereinafter referred to as the Parties),
In view of the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management of 5 September 1997 (hereinafter referred to as " The Joint Convention) ;
Whereas the Joint Convention provides that spent fuel and radioactive waste under military or defence programmes must be managed in accordance with the objectives set out in the Convention, Although they are excluded subject to the exceptions provided for in Article 3;
Also in view of the Convention on Nuclear Safety of 17 June 1994;
Recalling the importance that the Joint Convention attaches to international cooperation in To enhance the safety of spent fuel and radioactive waste management, through bilateral and multilateral mechanisms; and
Reaffirming the importance that Parties attach to the principles set out in international conventions Relevant to nuclear liability, for the provision of international assistance in this field;
Recognizing the work done by the Contact Group of Experts on International Waste Projects Established under the auspices of the International Atomic Energy Agency to deal with international cooperation in radioactive waste management and related matters in the Russian Federation, and its Contributing to the development of a comprehensive international plan of action;
Desiring to foster effective cooperation in order to improve the safety of spent fuel and radioactive waste management in the Russian Federation, in particular by Implementation in the Russian Federation of projects that could be selected by the Contact Group of Experts on International Radioactive Waste Projects;
Recalling the Declaration of Principles of Members and Observers of the Barents Euro-Arctic Council, representing Germany, Denmark, the United States, Finland, France, Iceland, Italy, the Netherlands, Norway, Poland, the United Kingdom, the Russian Federation and Sweden, on the Programme Nuclear environmental multilateral in the Russian Federation, signed at Bodo/(Norway) on 5 March 1999, in which the participants declared themselves ready to negotiate a multilateral framework agreement establishing the conditions Necessary for international assistance in this area;
agreed as follows:
Article 1
The
Nuclear Environmental Multilateral Program in the Russian Federation (PMENR)
1. The Parties hereby establish a framework for cooperation in the field of safety in the management of spent nuclear fuel and radioactive waste in the Russian Federation. This framework is referred to as " Multilateral Nuclear Environmental Programme in the Russian Federation " (PMENR). The PMENR shall apply to projects between contributors and beneficiaries or to any other form of cooperation agreed between them. It may also apply to projects or other forms of cooperation in other areas of nuclear activities, including nuclear safety, if the Parties agree.
2. The Parties shall endeavour to avoid duplication between assistance activities within the framework of the NENR and actions under other multilateral or bilateral funds, agreements, mechanisms or arrangements, and shall ensure that These activities are complementary to these actions.
Article 2
Definitions
For the purposes of this Agreement, the following terms have the meaning defined below:
Technical Assistance (Assistance): Form of free assistance and/or contribution granted under this Agreement or of an implementing agreement, or otherwise agreed between the Russian Party and one or more contributors (hereinafter referred to as " Assistance ").
Contributor: any Party, other than the Russian Party, or any entity authorized by that Party to provide assistance under the PMENR.
Beneficiary: the Russian Party or any other Russian entity authorized by the Russian Party to Act as a beneficiary of assistance and partner in the implementation of a project under the RMP.
Application Agreement: an agreement between one or more beneficiaries and one or more contributors for the provision of assistance For the implementation of a project under the NECP.
Article 3
Modes of cooperation in the framework of the ENR
1. Under the PMENR, assistance can be provided by:
a) Application agreements between one or more beneficiaries and any of the contributors (bilateral mode);
b) application agreements between one or more Recipients and several contributors under which no common funding arrangement is established (simple multilateral mode);
c) application agreements between one or more beneficiaries and several contributors under Of which a common financing arrangement is established (multilateral financing method); or
(d) any other mechanism agreed between the beneficiary (s) and the contributing (s) concerned.
2. Except as otherwise provided in this Agreement, the terms and conditions of this Agreement shall apply to any assistance provided under paragraph 1 of this Article. The provisions of this Agreement may also apply to actions undertaken prior to its entry into force if the Parties engaged in such actions agree.
3. The provision of assistance by contributors under this Agreement is subject to the availability of funds provided for this purpose.
Article 4
The NENR Committee
1. In order to foster cooperation and exchange information within the framework of the NECP, the Parties hereby establish a PMENR Committee. The latter shall include an official representative or the Government of each Party, duly authorized, which shall also serve as a point of contact for any questions concerning the NECP
The NENR Committee may:
-review the development and implementation of projects and other forms of cooperation under this Agreement; and
-review relevant activities under other bilateral agreements or arrangements, or Multilateral;
-coordinating the financing of projects under Article 3.1 (c);
-identifying obstacles and problems encountered in the implementation of projects and issuing recommendations for resolution;
- Establish working groups based on the Committee's operational needs;
-consider other issues related to the implementation of the NECP activities and make recommendations on them;
-invite States, intergovernmental organizations or regional economic integration organizations governed by public international law to accede to the Agreement under Article 16.
3. The NENR Committee shall adopt its own rules of
. The RMP Committee shall elect from among the representatives of the Parties two Co-Chairs for twelve-month periods, one of the contributors and one representing the Russian Party.
5. The NENR Committee may decide to admit as an observer any interested State or intergovernmental organization or regional economic integration organization governed by public international law which is not Party to this Agreement. When a coordinator is appointed under section 5, he or she is admitted as an observer to the NENR Committee meetings as required.
6. Decisions and recommendations of the RMP Committee are adopted by consensus.
Article 5
The Multilateral Funding Coordinator
as part of the ENR
1. Parties that contribute to a common funding arrangement referred to in 3.1 (c) may designate a coordinator for the purposes of that arrangement.
2. The rights and obligations under this Agreement for Contributors also apply to the Coordinator when acting on behalf of contributors.
Article 6
Specific Commitments
1. The Parties shall promote the activities necessary for the implementation of projects under the NECP.
2. The Russian Party shall ensure prompt issuance, inter alia, of licenses, permits and authorizations, and the prompt execution of customs formalities, necessary for the efficient implementation of projects. It shall ensure the provision of the data and information necessary for the implementation of specific projects in the context of this Agreement. It shall grant access to the sites and facilities necessary for the implementation of specific projects within the framework of this Agreement. In the event that such access is limited by the legislation of the Russian Federation, mutually acceptable procedures are defined in the implementing agreements. The Application Agreements will also define the procedures for information transfer and the scope of information transfers.
3. The Assistance provided is complemented by Russian resources. These resources can be provided in kind or in another form for the implementation of projects under the NECP.
Article 7
Legal Actions,
Legal Proceedings, and Indemnification
1. This Agreement shall be supplemented by a Protocol laying down the provisions applicable to legal proceedings and judicial proceedings as well as compensation for actions brought against the contributors and their staff or their staff. Contractors, subcontractors, consultants, direct or indirect suppliers of equipment, for any loss or damage of any kind arising from activities undertaken under this Agreement.
2. The Protocol and its Annex shall not apply to a Party that does not become party to the Protocol.
3. Any Party that does not become a party to the Protocol may enter into a separate arrangement with the Russian Party relating to legal proceedings and legal proceedings and compensation in respect of actions taken for any loss or damage, Any nature, arising from activities undertaken under this Agreement.
Article 8
Use and re-transfer of assistance
1. Unless prior to the written consent of the contributor, the Recipient shall not transfer any rights of use or ownership to any Assistance provided under this Agreement to any entity other than an employee, employee or agent And may not authorize the use of such assistance for purposes other than those for which it was provided.
2. The Russian Party shall take reasonable measures in its power to ensure the security and appropriate use of the Assistance provided under this Agreement, and to avoid unauthorized transfer.
Article 9
Exemption from taxes or similar taxes
1. The Russian Party shall exempt from customs duties, taxes on profits, other taxes and similar fees the Assistance provided under this Agreement. It shall take all necessary measures to ensure that the Assistance provided under this Agreement is not subject to any local or regional taxation. Such measures shall include, inter alia, the provision of letters from the competent local and/or regional authorities confirming that no tax will be withheld from the Assistance provided under this Agreement. These letters of confirmation, covering the localities and regions where projects under this Agreement will be carried out, shall be deposited with at least one of the Depositaries prior to the commencement of the implementation of these
. The Russian Party exempts from taxes on income, social security contributions and any similar taxes, in the territory of the Russian Federation, remuneration received by foreign natural persons and Russian nationals. Not ordinarily resident in the Russian Federation, in respect of the work and services performed by them for the implementation of Assistance under this Agreement. With regard to the remuneration thus exempted, the Russian Party shall not, under the social security system or any other government fund, assume any obligation to pay contributions or payments for the benefit of the persons mentioned In this paragraph.
3. The contributors and their staff, their contractors, their subcontractors and direct and indirect suppliers, may import into the Russian Federation and export the equipment, supplies, materials and services necessary for the implementation of the The implementation of this Agreement. In addition to the provisions concerning temporary assistance, temporary importation and exportation are not subject to any customs duties, charges, taxes or similar taxes or unjustified restrictions.
4. In addition to the provisions of the preceding paragraphs, persons and entities involved in the implementation of the programmes under this Agreement in the territory of the Russian Federation shall be exempt from the value added tax and Other fees, in respect of equipment and property acquired in the territory of the Russian Federation for the implementation of projects or programmes under this Agreement, as well as in respect of work and services In the territory of the Russian Federation.
5. Any taxation or taxation shall be regarded as a valid reason for suspending or not hiring a Assistance Project.
6. The Russian Party is responsible for implementing the procedures ensuring compliance with the provisions of this Article. The necessary certificates are issued by the appropriate competent authority.
Article 10
Accounting, Audit and Account Review
1. Each beneficiary must keep proper accounts of all the assistance received from contributors and submit this accounting, together with any supporting documents, to the contributor or to the contributors concerned. Regular intervals, in accordance with the corresponding Implementation Agreement or otherwise agreed.
2. The representatives of a contributor shall have the right, upon request and within sixty days of the request, to examine the use of any assistance provided by the contributor in accordance with this Agreement, if possible in the places where it Shall be provided or shall be used, as well as the right to inspect and examine any documents and documents relating thereto for a period of seven years following the time when the project concerned has been completed or terminated before the end of the project, unless another period of time Be specified by the Implementation Agreement. The practical arrangements for such audits and reviews are specified in the Implementation Agreements.
Article 11
Intellectual Property
The Parties shall provide for the The effective protection and distribution of intellectual property rights transmitted or created under this Agreement as appropriate.
Article 12
Status, Entry and Exit of Personnel
1. The Russian Party shall facilitate entry into the territory of the Russian Federation and the exit of that territory from the agents of contributors to this Agreement and their staff, as well as contractors, subcontractors, consultants and suppliers Direct and indirect, and their staff, to carry out activities under this Agreement.
2. The Russian Party accredits civilian and military personnel of the contributing parties, including officials of the Commission of the European Communities, present in the territory of the Russian Federation in order to carry out activities related to the Provision of assistance under this Agreement, as administrative and technical staff of the respective diplomatic representations, of the representation of the Commission of the European Communities and of the representations of the International organizations in the Russian Federation. As a result of the entry into force of this Agreement, the Parties shall consult on the personnel of the personnel referred to in that paragraph. The accreditation of such personnel shall not affect the number of accredited personnel authorized for Russian diplomatic representations to contributors.
3. The Russian Party shall ensure that contractors, subcontractors, consultants and direct and indirect suppliers and their staff referred to in paragraph 1 of this article may import into the territory of the Russian Federation and Re-export all personal effects and foodstuffs intended for their personal use without being bound by any customs duty or any tax or similar tax. Duty-free entry into the Russian Federation and the free re-export of a motor vehicle by family shall be permitted, provided that the vehicle is used only during the period covered by the relevant contract and that it is Re-exported at the expiration of this period.
Article 13
Dispute Settlement
Any dispute between two or more Parties relating to the interpretation of this Agreement or its application Will be resolved through consultations. Such consultations shall take place no later than three months after one Party has submitted the written request to the other Party or to the other Parties.
Article 14
Contract Award
If A Party shall award a contract for the acquisition of goods or services, including construction services, for the implementation of this Agreement, those contracts shall be awarded in accordance with the laws and regulations of that Party or In accordance with other laws and regulations that may have been selected by that Party. Russian companies may also be contractors or subcontractors.
Article 15
Amendments and amendments
1. The Parties to this Agreement may agree to any amendment, amendment of this Agreement or any additional protocol thereto.
2. Any amendment or amendment adopted in accordance with this Article shall be subject to ratification, acceptance or approval by all Parties. Amendments or amendments shall enter into force for all Parties thirty days after the date of receipt by at least one of the custodians of the last notification of ratification, acceptance or approval.
Article 16
Accession
1. This Agreement shall be open to the accession of any State and any intergovernmental organization or regional economic integration organization governed by public international law, by invitation of the Committee of the Governing
. The Agreement shall enter into force for the Party acceding to the Agreement 30 days after the date of receipt by at least one of the custodians, the instrument of accession of the Party concerned and the last of the official notifications of acceptance of the Parties.
Article 17
Depositaries
The Minister for Foreign Affairs of the Russian Federation and the Secretary General of the Organisation for Economic Co-operation and Development are Designated as custodians. Custodians shall carry out their functions in accordance with Article 77 of the Vienna Convention on the Law of Treaties of 23 May 1969 and shall consult each other in the exercise of their functions.
Article 18
Entry into force, Duration, removal, and expiration
1. This Agreement shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with one or more custodians. The Agreement shall enter into force thirty days after the date of receipt by at least one of the custodians of the said instruments emanating from the Russian Federation and another signatory, and the residence for a period of five years from that date. For each signatory filing such an instrument thereafter, this Agreement shall enter into force thirty days after the receipt of the said instrument by at least one depositary and shall remain in force until the expiration of its initial term of five Years.
2. This Agreement shall be renewed tacitly five years in five years. Any Party may request at least one of the custodians, ninety days at least before the expiry of the five-year term, to convene a meeting of the Parties in order to consider the renewal, amendment or amendment of the present Agreement.
3. Any Party may withdraw from this Agreement ninety days after written notification to at least one of the custodians. The NENR Committee shall immediately refer the matter to the Parties and make recommendations to the Parties with respect to the continuation of the
. The obligations arising from Articles 8 to 11, Article 12 (1) and (3) and Article 13 of this Agreement shall remain in force independently of any subsequent transfer of property rights relating to the subject matter of cooperation and Regardless of any termination or withdrawal of this Agreement, or the expiration of its validity.
5. Notwithstanding any termination or expiration of this Agreement, its provisions shall continue to apply to any Implementation Agreement agreed to by the Parties for the duration of the said Agreement.
6. Where a Party withdraws from this Agreement and remains a party to an Implementation Agreement, the provisions of this Agreement shall continue to apply to that Party in respect of its participation in the said Agreement.
7. This Agreement shall be applied provisionally from its date of signature.
Done at Stockholm on May 21, 2003 in the English, French and Russian languages, all texts being equally authentic, in two originals, one of which is deposited in The archives of the Ministry of Foreign Affairs of the Russian Federation and the other in the archives of the Organisation for Economic Co-operation and Development. Duly certified copies of this Agreement shall be addressed to the signatories and Parties that adhere. In the event of a dispute or difference of interpretation relating to this Agreement, the English text shall prevail for the purposes of interpretation.
Done at Paris, January 5, 2005.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Jean-Pierre Raffarin
Foreign Minister,
Michel Barnier
