26 5 月

AGREEMENT BETWEEN THE FUEL CYCLE AND MATERIALS ADMINISTRATION OF THE ATOMIC ENERGY COUNCIL (AEC-FCMA), TAIPEI AND THE SWISS NATIONAL COOPERATIVE FOR THE DISPOSAL OF RADIOACTIVE WASTE (NAGRA) IN THE FIELD OF RADIOACTIVE WASTE MANAGEMENT (AD.1996.11.13)-1

AGREEMENT between The Fuel Cycle and Materials Administration of the Atomic EnergyCouncil (hereafter referred to as AEC-FCMA), with its Head Office at (5F), No. 37, SAN MIN Road, Section 2, PANCHIAO, 200 TAIPEI, TAIWAN, Republic of China represented by: Mr. Syh Tsong Chiou, Director of AEC-FCMA on the one hand, AND The National Cooperative for the Disposal of Radioactive Waste (hereafter referred to as NAGRA), with its Head Office at Hardstrasse 73, CH-5430 WETTINGEN, SWIT-ZERLAND represented by: Mr. Hans Issler President on the other hand Hereafter referred to as the Party or Parties IN THE FIELD OF RADIOACTIVE WASTE MANAGEMENT PREAMBLE WHEREAS ACE-FCMA and NAGRA wish to develop cooperation in the field of radioactive waste management; WHEREAS ACE-FCMA and NAGRA believe that a cooperative programme of equi-table information exchange on their respective research and dev-elopment projects, technology and experience in the management of radioactive waste would be of mutual benefit, WHEREAS Radioactive waste management and licensing procedures may requi-re that, beyond the above-mentioned informal cooperation, there could be a need for formal exchange of information and experien-ce and the present Agreement is intended to offer an adequate f-ramework for such professional exchange of services, AND WHEREAS ACE-FCMA and NAGRA recognize the contribution that such researchand development in radioactive waste management can make to pro-tecting the environment, while furthering the safety and econom-ic application of nuclear energy IT IS AGREED AS FOLLOWS ARTICLE 1 OBJECTIVES The objective of this Agreement is to establish cooperation bet-ween the Parties in the field of radioactive waste management a-nd related activities of the nuclear fuel cycle. Cooperation be-tween the Parties shall be on the basis of mutual benefit, equa-lity and reciprocity. ARTICLE 2 AREAS OF COOPERATION 1 Cooperation between the Parties in the field of radioactive w- aste management covered by this Agreement may include: a) Waste disposal concepts b) Site investigation and characterization c) In situ geological, geotechnical, hydrogeological and geoch- emical studies d) Conceptual design of final disposal facilities e) Mining techniques for underground cavities (such as drifts and boreholes) f) Performance assessment and environmental impact studies g) Waste characterization h) Public information 2 Other areas of cooperation may be added by mutual written agr- eement of the Parties. ARTICLE 3 FORMS OF COOPERATION Cooperation under this Agreement may include, but is not limitedto, the following forms: a) Exchange of scientific and technical information and results of research and development. Such exchanges of information s- hall be in accordance with Article 5 of this Agreement. b) Exchange of scientists, engineers and other specialists for agreed periods for participation in agreed research, develop- ment, analysis, design and experimental activities conducted in research centres, laboratories, engineering offices and o- ther facilities and enterprises of each of the Parties or its contractors. Such exchanges of staff shall be in accordance with Article 6 of this Agreement. c) Exchange of samples, materials and equipment for testing, su- bject in each case to a separate written agreement. d) Organization of, and participation in, seminars and other me- etings on specific agreed topics in the areas listed in Arti- cle 2. e) Short visits by specialist teams or individuals to the radio- active waste management facilities of the other Party. f) Observation of, and participation in, studies dealing with t- he areas of cooperation listed in Article 2, subject in each case to a separate written agreement. g) Joint projects in which the Parties agree to share the work and/or costs, subject in each case to a separate written agr- eement. The relative contribution to costs shall be determin- ed in each case allowing for the efforts to be invested by e- ach Party and for the value of background information, infra- structure or support work contributed by each Party. Other forms of cooperation may be added by mutual written ag- reement. ARTICLE 4 PROJECT AGREEMENTS Items mentioned in Article 3 shall be performed under appropria-te Project Agreements between the Parties. Project Agreements s-hall contain detailed provisions for carrying out the proposed activities, including but not limited to such matters as: techn-ical scope, financial compensation, schedule, intellectual prop-erty rights, warranties, disputes and arbitration, liability, a-nd indemnification against third party claims. ARTICLE 5 EXCHANGE OF INFORMATION 1 In this Article, information means scientific or technical da- ta, results or methods of research and development and any ot- her information intended to be provided, exchanged, or arising under this Agreement. 2 Information may be exchanged by AEC-FCMA and NAGRA experts ei- ther by mail following a written request or during meetings. 3 The Parties agree that information provided, exchanged, or ar- ising under this Agreement may be given wide distribution, su- bject to the need to protect restricted information, to copyr- ight restrictions and to the provisions of Article 8. Wherever practicable, information shall be made available to the public by either Party through customary channels and in accordance with normal procedures of the Parties. ARTICLE 6 ATTACHMENT OF STAFF 1 Whenever an exchange of staff is contemplated under this Agre- ement, each Party shall ensure that qualified staff is select- ed for attachment to other Party. 2 Each such attachment shall be the subject of a separate attac- hment agreement between the Parties. 3 Each Party shall be responsible for the salaries, travel and living expenses of its personnel while on attachment to the h- ost Party, unless otherwise agreed. 4 The host establishment shall arrange for accommodation for the attached staff and families of the other Party or its contrac- tors on a mutually agreeable, reciprocal basis. 5 Each Party shall provide all necessary assistance to the atta- ched staff and their families regarding administrative formal- ities such as travel arrangements and work permits. 6 The attached personnel shall conform to the general and speci- al rules of work and safety regulations in force at the host establishment, or as agreed in separate attachment of staff a- greements. ARTICLE 7 RESTRICTED INFORMATION A Definition as used in this Agreement (i) In this Article, restricted information means any informati- on of a confidential nature that is marked with the followi- ng legend: “Restricted Information” (ii) Restricted information does not include information which: a) One Party can demonstrate was in its lawful possession p- rior to receipt thereof from the other Party b) Is lawfully in the public domain at the time of one Part- y’s receipt thereof from the other Party or which, after such receipt, becomes a part of the public domain without breach of any confidentiality obligation c) After one Party’s receipt thereof from other Party, is l- awfully obtained by the receiving Party from another sou- rce without restriction on further disclosure, and witho- ut breach by such other source of any confidentiality ob- ligation d) Is independently developed or produced by one Party notw- ithstanding its receipt of the same or substantially sim- ilar information from the other Party. B Procedures (i) Restricted information received in confidence under this Ag- reement may be disseminated by the receiving Party to: a) Persons within or employed by the receiving Party and con- cerned Government departments and Government agencies in the country of the receiving Party b) Prime or subcontractors of the receiving Party working on projects within the geographical limits of the receiving Party’s country, for use only within the framework of the- ir contracts with the receiving Party in work relating to the subject matter of the restricted information. Provided that any such restricted information shall be disseminated pursuant to an agreement of confidentiality and shall be marked with a restrictive legend identical to that appear- ing in sub-section A.(i) above. (ii) With the prior consent of the Party providing restricted i- nformation under this Agreement, the receiving Party may d- isseminate such restricted information more widely than ot- herwise permitted in the foregoing sub-section (i). The Pa- rties shall cooperate with each other in developing proced- ures for requesting and obtaining prior written consent for such wider dissemination, and each Party shall grant such approval to the extent permitted by its national policies, regulations and laws. C No restricted information communicated orally shall be subject to the limited disclosure requirements of this Agreement unle- ss the individual communicating such information places the r- ecipient on notice as to the character of the information com- municated. D In cases where information requested by one Party is not free- ly available and is of commercial value, the Parties may agree an appropriate charge to cover the costs incurred in compilat- ion of such information. E The rights of use and further disclosure granted to a receivi- ng Party under this Article shall in no way prejudice or othe- rwise derogate from the ownership or other rights of the tran- smitting Party with respect to restricted information. ARTICLE 8 PATENTS 1 With respect to any invention or discovery made or conceived in the course of or under this Agreement by personnel of one Party (the Assigning Party) or its contractors while assigned to the other Party (Receiving Party) or its contractors, in c- onnection with exchange of scientists, engineers, and other s- pecialists: a) The Receiving Party shall acquire all right, title and inte- rest in and to any such invention or discovery in its own c- ountry and in third countries, subject to a nonexclusive, i- rrevocable, royalty-free license to the Assigning Party, its Government and its nationals designated by it, in all such countries. b) The Assigning Party shall acquire all right, title, and int- erest in and to any such invention or discovery in its own country, subject to a non-exclusive, irrevocable, royalty-f- ree license to the Receiving Party, its Government and its nationals designated by it, in such country. 2 With respect to any invention or discovery made or conceived in the course of or under this Agreement by a Party or its co- ntractors as a direct result of employing information which h- ad been communicated to it under this Agreement by the other Party or its contractors or communicated during seminars or o- ther joint meetings, the Party making the invention shall acq- uire all right, title and interest in and to such invention of discovery in all countries, subject to the grant to the other Party, its Government and its nationals designated by it, of a non-exclusive irrevocable, royalty-free license in all such c- ountries. 3 Information regarding inventions on which patent protections is to be obtained shall not be published or publicly disclosed by the Parties until a patent application has been filed in e- ither country of the Parties; provided, however, that this re- striction on publication or dissemination shall not extend be- yond six months from the date of reporting of the invention. It shall be the responsibility of the Party reporting the inv- ention to mark appropriately reports which disclose inventions that have not been appropriately protected by the filing of a patent application. 4 Each Party shall, without prejudice to any rights of inventors or authors under its national laws, take all necessary steps to provide the cooperation from its inventors and authors req- uired to carry out the provisions of this Article and Article 9. ARTICLE 9 COPYRIGHTS Copyrights of the Parties shall be accorded treatment consistentwith internationally recognized standards of protection. As to copyrights on materials within the scope of paragraph 3 of Arti-cle 5 above owned or controlled by a Party, that Party shall ma-ke all reasonable efforts to grant to the other Party a license to reproduce or translate the copyrighted materials. ARTICLE 10 COORDINATION 1 Each Party shall appoint a Coordinator. Coordinators shall be responsible for following on behalf of the Parties the progre- ss of the cooperation under this Agreement and any subsequent Project Agreements. 2 Coordinators shall meet on their own initiative alternatively in Taipei and in Wettingen at regular intervals and be assist- ed where necessary by appropriate expert staff. ARTICLE 11 DISCLAIMER The application or use of any information exchanged under this Agreement shall be the responsibility of the Party receiving it and the other Party does not warrant the suitability of such in-formation for any particular use or application. ARTICLE 12 APPLICABLE LAWS AND REGULATIONS Cooperation under this Agreement shall be in accordance with thelaws and regulations under which each Party operates. All quest-ions relating to this Agreement arising during its term shall besettled by the Parties by mutual agreement. ARTICLE 13 COSTS Except when otherwise agreed, all costs resulting from cooperat-ion under this Agreement shall be borne by the Party that incursthem. Cooperation under this Agreement shall be subject to the availability of appropriate funds. ARTICLE 14 LANGUAGE This Agreement is established in duplicate in the English langu-age, which shall be the authoritative language. An official tra-nslation of this Agreement into Chinese will be communicated to the Parties. ARTICLE 15 ENTRY INTO FORCE AND TERMINATION 1 This Agreement shall come into force upon the later date of s- ignature and shall continue for a five-year period. 2 Three (3) months before the date of expiration, the Parties s- hall consult each other in order to consider the possible ext- ension of this Agreement. 3 Any services which have not been completed at the date of exp- iration can continue until their completion pursuant to the p- rovisions of this Agreement. 4 This Agreement may be terminated at any time at the discretion of either Party upon one year’s advance notification in writi- ng by the Party seeking to terminate the Agreement. 5 Termination of this Agreement shall be without prejudice to r- ights which may have accrued under this Agreement to either P- arty up to the date of termination. ARTICLE 16 NOTICE Any notices from one Party to the other pursuant to or as resultof this Agreement shall be given to the respective addresses setforth below: to ACE-FCMA: The Director Fuel Cycle and Materials Administration of Atomic Energy Council(5F), NO. 37, SAN MIN Road, Section 2, PANCHIAO 220 Taipei County Taiwan, Republic of China Telefax number: 886 2 964 7460 to NAGRA: The President National Cooperative for the Disposal of Radioactive Waste Hardstrasse 73 CH-5430 Wettingen Switzerland Telefax number: 41 56 4371 207 Either Party may change its address for purposes of receipt of notices by giving at least thirty (30) days prior written noticeof such change to the other Party, in the manner prescribed abo-ve. Any notice so transmitted shall be deemed to have been rece-ived on the date of which it was hand delivered, or sent by tel-efax, telegram or cable, or if mailed, on the 30th day next fol-lowing the mailing thereof. IN WITNESS WHEREOF the Representatives of the two Agreeing Part-ies have affixed their signatures hereto. Done in Duplicate Taipei, Nov. 13, 1996 Wettingen, for for The Fuel Cycle and Materials The Swiss National Cooperative Administration of the for the Disposal of Radioactive Atomic Energy Council Waste (NAGRA) (ACE-FCMA), Taipei [Signed] [Signed] [Signed] [Signed] Mr.S.T. Chiou Dr. C.H. Lee Mr. H. Issler Dr. C. McCombie Director Division Head President Director Science & Technology