EU-India agreement on research and development cooperation in the field of the peaceful uses of nuclear energy

SUMMARY OF:

Agreement between the European Atomic Energy Community and India for research and development cooperation in the field of the peaceful uses of nuclear energy

Council Decision (Euratom) 2021/390 of 20 February 2020 approving the conclusion of the Agreement between the European Atomic Energy Community and India for research and development cooperation in the field of the peaceful uses of nuclear energy

WHAT IS THE AIM OF THE AGREEMENT AND THE DECISION?

The agreement seeks to facilitate research and development cooperation in the peaceful and non-explosive uses of nuclear energy to benefit of both the European Atomic Energy Community (Euratom) and India. The agreement is based on equality and reciprocity, to strengthen the cooperative relationship between the parties, in accordance with the needs and priorities of their respective nuclear programmes.
The Commission approves the decision on the conclusion of the agreement on behalf of the Euratom (Art. 101 of the Euratom Treaty).

KEY POINTS

Purpose and principles

The agreement should not hamper, delay or interfere with the nuclear activities of either party and should be implemented consistent with good management practices and economic and safe nuclear activities.

The agreement should not be used to:

interfere with nuclear policy or programmes;
hinder the promotion of the peaceful uses of nuclear energy;
impede the free movement of material or equipment.

Cooperative activities are based on:

mutual benefit based on balancing the advantages;
reciprocal access to research and technological developments by each party;
timely exchange of information affecting cooperation;
protection of intellectual property and equitable sharing of rights.

Peaceful use

Cooperation under the agreement is for peaceful and non-explosive purposes only. The parties must ensure that any transferred material or equipment is only used for peaceful and non-explosive purposes.

Activities

Peaceful R&D activities covered by the agreement include (others may be mutually agreed):

nuclear safety of reactors (excluding those loaded with highly-enriched uranium);
radiation protection and environmental monitoring;
radioactive waste management, in particular waste volume reduction, conditioning and behaviour when stored;
decommissioning, decontamination and dismantling of nuclear facilities;
nuclear security: methods and technology to prevent, detect and respond to nuclear and radioactive incidents;
nuclear safeguards;
nuclear science research, including applications in agriculture, healthcare, and industrial isotopes;
controlled thermonuclear fusion;
education and training.

Cooperation may take the following forms:

mutual participation of Indian and EU research entities in each other’s R&D projects;
joint R&D projects where a technology management plan (TMP) has been developed;
visits and exchanges of students, scientists and technical experts;
joint organisation of scientific seminars, conferences, symposia, workshops and short-term schools, and expert participation;
exchanges, sharing and transfer of samples, materials, instruments and apparatus for experimental purposes;
exchanges of information on relevant practices, laws, regulations and programmes.

Nuclear safety and safeguards

The rules of the Convention on Nuclear Safety, including the principles of the Vienna Declaration on Nuclear Safety apply.
Nuclear material and equipment transferred to India under this agreement remain subject to the International Atomic Energy Agency (IAEA) safeguards under its agreement with India applying to civilian nuclear facilities.
Nuclear material and equipment transferred to EU countries remain subject to the Euratom Treaty (see summary) and to the IAEA, particularly concerning non-proliferation safeguards, under separate agreements with the other EU Member States.

Funding

Cooperation depends on the availability of funds and on the laws and regulations, policies and programmes of the parties. Any costs incurred will not lead to any transfer of funds between the parties.
Where specific cooperative schemes involve financial support for the other party, this must be in accordance with the respective laws and regulations of the party involved and will be subject to specific conditions which must not contradict this agreement.

DATE OF ENTRY INTO FORCE

The agreement will enter into force after both parties have exchanged letters on completion of respective internal ratification procedures.

BACKGROUND

MAIN DOCUMENTS

Agreement between the European Atomic Energy Community and the Government of the Republic of India for research and development cooperation in the field of the peaceful uses of nuclear energy (OJ L 440, 30.12.2020, pp. 1-12)

Council Decision (Euratom) 2021/390 of 20 February 2020 approving the conclusion, by the European Commission, of the Agreement between the European Atomic Energy Community and the Government of the Republic of India for research and development cooperation in the field of the peaceful uses of nuclear energy (OJ L 77, 5.3.2021, p. 1)