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Agreement between the Government of Canada and the Government of Spain for Co-Operation in the Development and Application of Atomic Energy for Peaceful Purposes [1976] CATSer 14 (21 April 1976)

E100350 - CTS 1976 No. 19

AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF SPAIN FOR CO-OPERATION IN THE DEVELOPMENT AND APPLICATION OF ATOMIC ENERGY FOR PEACEFUL PURPOSES

The Government of Canada and the Government of Spain,

Conscious of the many benefits, including the increase of energy supplies, the raising of agricultural and industrial production, and the wider availability of knowledge and means to combat disease, which the application of atomic energy to peaceful purposes is providing,

Desiring to accelerate and enlarge the contribution which the development of atomic energy can make to the welfare and prosperity of their peoples,

Recognizing the advantages to them both of effective co-operation in the development and application of atomic energy for peaceful purposes,

Intending, therefore, to co-operate with one another to these ends,

Have agreed as follows:

ARTICLE I

1. The co-operation contemplated by this Agreement relates solely to the development and application of atomic energy for peaceful purposes (and, without in any way limiting the generality of the foregoing, the development, manufacture or detonation of any nuclear explosive device shall not be regarded as a development or application of atomic energy for peaceful purposes).

2. The co-operation contemplated by this Agreement may include:

(a) the supply of information including that related to:

(i) research and development;

(ii) health and safety;

(iii) equipment and facilities (including the supply of designs, drawings and specifications); and

(iv) uses of equipment, facilities, material and nuclear material;

(b) the supply of material, nuclear material, equipment and facilities;

(c) licensing arrangements and the transfer of patent rights;

(d) access to and use of equipment and facilities;

(e) the rendering of technical assistance and services; and

(f) visits by nuclear scientists from one country to the other.

3. Material, nuclear material, equipment, facilities and information transferred between Canada and Spain whether such transfer took place before or after the entry into force of this Agreement shall be deemed to be supplied pursuant to this Agreement.

ARTICLE II

1. The Parties shall, to such extent as is practicable, assist each other on matters within the scope of this Agreement. They shall encourage and facilitate co-operation between their governmental enterprises and persons under their jurisdiction, on matters within the scope of this Agreement.

2. Subject to the terms of this Agreement, governmental enterprises and persons under the jurisdiction of either Party may, with the prior written approval of their Government:

(i) supply to or receive from governmental enterprises or authorized persons under the jurisdiction of the other Party, information, within the scope of this Agreement, on commercial or other terms as may be agreed by the enterprises or persons concerned, and

(ii) supply to or receive from governmental enterprises or authorized persons under the jurisdiction of the other Party, material, nuclear material, equipment and facilities, within the scope of this Agreement, on commercial or other terms as may be agreed by the enterprises or persons concerned.

3. Each Party may inform the other Party and the International Atomic Energy Agency of approvals granted under paragraph 2 of this Article.

ARTICLE III

1. The co-operation contemplated by this Agreement shall be effected on terms and conditions to be agreed between the Parties, and shall be in accordance with the laws, regulations, licensing requirements and policies in force from time to time in Canada and in Spain.

2. Without in any way limiting the generality of the foregoing,

(i) all equipment, material, nuclear material, facilities and information supplied or obtained pursuant to this Agreement,

(ii) all equipment and facilities produced or developed from, by, in or with the use of information supplied or obtained pursuant to this Agreement and equipment and facilities which are or may be located within the jurisdiction of the receiving Party and which employ principles contained in information supplied or obtained pursuant to this Agreement,

(iii) all material and nuclear material used, produced, processed, reprocessed, enriched, fabricated or converted from, by, in or with the use of any of the foregoing, and

(iv) all subsequent generations of material and nuclear material used, produced, processed, reprocessed, enriched, fabricated or converted from, by, in or with the use of any of the above-mentioned material or nuclear material,

shall be used, produced, processed, reprocessed, enriched, fabricated, converted or stored only at facilities approved by the supplying Party and shall not be transferred beyond the jurisdiction of the receiving Party without the prior written consent of the supplying Party.

3. Each Party shall be responsible to the other Party for ensuring that the provisions of this Agreement are accepted and complied with by all its governmental enterprises, and by all persons under its jurisdiction.

ARTICLE IV

1. The receiving Party shall take all measures necessary, commensurate with the assessed threat prevailing from time to time, to ensure the physical security of nuclear material referred to in paragraph 1 of Article V of this Agreement, and shall in all cases be guided by standards and recommendations established by the International Atomic Energy Agency regarding the protection of nuclear material.

2. The Parties agree to consult with each other periodically, or at any time at the request of either Party, regarding issues of physical security.

ARTICLE V

1. The Parties agree that

(i) equipment, material, nuclear material and facilities supplied pursuant to this Agreement,

(ii) equipment, material, nuclear material and facilities used, produced, developed, processed, reprocessed, enriched, fabricated or converted from, by, in or with equipment, material, nuclear material, facilities or information supplied or obtained pursuant to this Agreement,

(iii) equipment and facilities which are or may be located within the jurisdiction of the receiving Party and which employ principles contained in information supplied or obtained pursuant to this Agreement,

(iv) material and nuclear material used, produced, processed, reprocessed, enriched, fabricated or converted from, by, in or with any of the above-mentioned equipment or facilities, and

(v) all subsequent generations of material and nuclear material used, produced, processed, reprocessed, enriched, fabricated or converted from, by, in or with the use of any of the above-mentioned material or nuclear material

shall be used for peaceful purposes only (and, without in any way limiting the generality of the foregoing, shall not be used for the development, manufacture or detonation of any nuclear explosive device). To this end, all equipment, material, nuclear material and facilities referred to in this paragraph shall be subject to safeguards to be implemented by the International Atomic Energy Agency in accordance with the Agency’s Statute and as specified in the documents which may be issued by the Agency from time to time setting out the required procedures authorized by the Agency. However, no substitution may be made for any equipment, material, nuclear material or facility which is required to be subject to safeguards pursuant to this paragraph without the prior written consent of the supplying Party. Furthermore, the receiving Party shall inform the Agency and the supplying Party of any thefts or other abnormal losses of any equipment, material, nuclear material, facilities or information referred to in this paragraph.

2. The Parties agree to enter into agreements unilaterally or bilaterally with the International Atomic Energy Agency for the application of safeguards required by this Agreement, and to co-operate fully with the International Atomic Energy Agency and with each other in the application of such safeguards. Furthermore, the Parties agree jointly to request the International Atomic Energy Agency to apply any agreements between the International Atomic Energy Agency and a receiving Party under this Agreement in accordance with the terms of this Agreement.

3. In order to facilitate the application of safeguards required by this Agreement, the receiving Party shall notify the International Atomic Energy Agency and the supplying Party of the entry into its jurisdiction of all equipment, material, nuclear material and facilities supplied pursuant to this Agreement. The receiving Party shall also inform the International Atomic Energy Agency and the other Party of any equipment, material, nuclear material or facility which is produced or developed from, by, in or with the use of information supplied or obtained pursuant to this Agreement or which is required to be subject to safeguards under sub-paragraph (iii) of paragraph 1 of this Article.

4. If for any reason, or at any time, the International Atomic Energy Agency is not able to implement all safeguards required by paragraph 1 of this Article in respect of any equipment, material, nuclear material or facility, the Parties agree to establish immediately a safeguards system to provide for these safeguards, and, until such a safeguards system is established, the supplying Party shall have the right to suspend scheduled delivery of any and all equipment, material, nuclear material, facilities and information.

5. If any nuclear material referred to in paragraph 1 of this Article is furthering a non-peaceful purpose as set out in paragraph 1 of this Article, the supplying Party shall have the right to call upon the other Party to take corrective steps, and, until such steps have been taken, shall have the right to suspend scheduled delivery of any and all equipment, material, nuclear material, facilities and information. If such corrective steps are not taken within a reasonable time, the supplying Party shall have the right

(a) to cancel scheduled delivery of any and all equipment, material, nuclear material, facilities and information,

(b) to require the cessation of use and the immediate return to the supplying Party of any and all

(i) equipment, material, nuclear material, facilities and information supplied or obtained pursuant to this Agreement,

(ii) material and nuclear material used, produced, processed, reprocessed, enriched, fabricated or converted from, by, in or with any of the foregoing, and

(iii) all subsequent generations of material and nuclear material used, produced, processed, reprocessed, enriched, fabricated or converted from, by, in or with the use of any of the above-mentioned material or nuclear material which are under the control or within the jurisdiction of the other Party.

(c) to notify the International Atomic Energy Agency of the action it has taken, and

(d) to disclose publicly its action under (a), (b) and (c).

ARTICLE VI

Notwithstanding Article V, if both Parties agree, safeguards may be terminated with respect to material or nuclear material which is to be used in non-nuclear activities.

ARTICLE VII

For the purpose of this Agreement,

(a) “Equipment” means any item referred to in paragraph (A) of Annex A to this Agreement. Annex A may be amended from time to time with the agreement of both Parties;

(b) “Facility” means any plant, building, or structure containing or incorporating equipment, material or nuclear material, or otherwise particularly suited or used for atomic energy activities, or for the application of atomic energy;

(c) “Material” means any item referred to in paragraph (B) of Annex A to this Agreement, Annex A may be amended from time to time with the agreement of both Parties;

(d) “Nuclear material” means any source material or any special fissionable material as these terms are defined in Article XX of the Statute of the International Atomic Energy Agency which is attached as Annex B. Any determination by the Board of Governors of the International Atomic Energy Agency under Article XX of the Agency’s Statute which amends the list of materials considered to be “source material” or “special fissionable material” shall only have effect under this Agreement when both Parties to this Agreement have informed each other in writing that they accept that amendment;

(e) “Governmental enterprises” means such enterprises under the jurisdiction of either Party as either Party designates in writing;

(f) “Persons” means individuals, firms, corporations, companies, partnerships, associations and other entities private or governmental and their respective agents and local representatives; but the term “persons” shall not include “governmental enterprises” as defined in paragraph (e) of this Article; and

(g) “Information” means technical data in material form including but not limited to: technical drawings, photographic negatives and prints, recordings, design data, and technical and operating manuals that can be used in the design, production, operation or testing of equipment, facilities, nuclear material or material except data available to the public, i.e., in published books and periodicals.

The present Agreement replaces the Agreement between the Government of Canada and the Government of Spain for Co-operation in the Peaceful Uses of Atomic Energy, which was signed in Ottawa on September 8, 1964 and which shall terminate on the date of entry into force of the present Agreement.

ARTICLE IX

1. The present Agreement shall be signed and ratified by the two Parties and the exchange of instruments of ratification shall be held at Madrid.

2. The present Agreement shall enter into force upon the date of the exchange of the instruments of ratification.

3. The present Agreement shall remain in force for the operating life of any facility supplied or obtained pursuant to this Agreement or for a period of ten years, whichever is longer. If neither Party has notified the other at least six months prior to the expiry of such period, the Agreement shall continue in force thereafter until six months after notice of termination has been given by either Party to the other; provided, however, that notwithstanding the termination of this Agreement the provisions of Article III and the provisions of Article V shall remain in force until it has been agreed between the Parties that items referred to in these Articles can no longer be used in such a way as to further any non-peaceful purpose or it is otherwise agreed by the Parties that provision of these Articles should no longer apply.

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective governments, have signed the present Agreement.

DONE at Madrid on the seventh of July, 1975 in two originals, each in the English, French and Spanish languages, each version being equally authentic.

Georges H. Blouin

FOR THE GOVERNMENT OF CANADA

Pedro Cortina Mauri

FOR THE GOVERNMENT OF SPAIN

(A) “Equipment” means the following items and major components thereof:

1. Nuclear reactors capable of operation so as to maintain a controlled self-sustaining fission chain reaction, excluding zero energy reactors, the latter being defined as reactor with a designed maximum rate of production of plutonium not exceeding 100 grams per year.

A “nuclear reactor” basically includes the items within or attached directly to the reactor vessel, the equipment which controls the level of power in the core, and the components which normally contain or come in direct contact with or control the primary coolant of the reactor core.

It is not intended to exclude reactors which could reasonably be capable of modification to produce significantly more than 100 grams of plutonium per year. Reactors designed for sustained operation at significant power levels, regardless of their capacity for plutonium production, are not considered as “zero energy reactors”.

2. Reactor pressure vessels: Metal vessels, as complete units or as major shop-fabricated parts therefor, which are especially designed or prepared to contain the core of a nuclear reactor as defined in paragraph 1 above and are capable of withstanding the operating pressure of the primary coolant.

A top plate for a reactor pressure vessel is a major shop-fabricated part of a pressure vessel.

3. Reactor internals (e.g. support columns and plates for the core and other vessel internals, control rod guide tubes, thermal shields, baffles, core grid plates, diffuser plates, etc.)

4. Reactor fuel charging and discharging machines: Manipulative equipment especially designed or prepared for inserting or removing fuel in a nuclear reactor as defined in paragraph 1 above capable of on-load operation or employing technically sophisticated positioning or alignment features to allow complex off-load fuelling operations such as those in which direct viewing of or access to the fuel is not normally available.

5. Reactor control rods: Rods especially designed or prepared for the control of the reaction rate in a nuclear reactor as defined in paragraph 1 above.

This item includes, in addition to the neutron absorbing part, the support or suspension structures therefor if supplied separately.

6. Reactor pressure tubes: Tubes which are especially designed or prepared to contain fuel elements and the primary coolant in a reactor as defined in paragraph 1 above at an operating pressure in excess of 50 atmospheres.

7. Zirconium tubes: Zirconium metal and alloys in the form of tubes or assemblies of tubes, and in quantities exceeding 500 kg. especially designed or prepared for use in a reactor as defined in paragraph 1 above, and in which the relationship of hafnium to zirconium is less than 1:500 parts by weight.

8. Primary coolant pump: Pumps especially designed or prepared for circulating liquid metal as primary coolant for nuclear reactors as defined in paragraph 1 above.

9. Plants for the reprocessing of irradiated fuel elements, and equipment especially designed or prepared therefor.

A “plant for the reprocessing of irradiated fuel elements” includes the equipment and components which normally come in direct contact with and directly control the irradiated fuel and the major nuclear material and fission product processing streams. In the present state of technology only two items of equipment are considered to fall within the meaning of the phrase “and equipment especially designed or prepared therefor”. These items are:

(a) Irradiated fuel element chopping machines: remotely operated equipment especially designed or prepared for use in a reprocessing plant as identified above and intended to cut, chop or shear irradiated nuclear fuel assemblies, bundles or rods; and

(b) Critically safe tanks (e.g. small diameter, annular or slab tanks) especially designed or prepared for use in a reprocessing plant as identified above, intended for dissolution of irradiated nuclear fuel and which are capable of withstanding hot, highly corrosive liquid, and which can be remotely loaded and maintained.

Other items within the functionally defined boundary.

10. Plants for the fabrication of fuel elements

A “plant for the fabrication of fuel elements” includes the equipment:

(a) which normally comes in direct contact with or directly processes, or controls, the production flow of nuclear material, or

(b) which seals the nuclear material within the cladding.

The whole set of items for the foregoing operations as well as individual items intended for any of the foregoing operations, and for other fuel fabrication operations, such as checking the integrity of the cladding or the seal, and the finish treatment to the solid fuel.

11. Equipment, other than analytical instruments, especially designed or prepared for the separation of isotopes of uranium.

“Equipment, other than analytical instruments, especially designed or prepared for the separation of isotopes of uranium” includes each of the major items of equipment especially designed or prepared for the separation process.

12. Plants for the production of heavy water.

A “plant for the production of heavy water” includes the plant and equipment specially designed for the enrichment of deuterium or its compounds.

(B) “Material” means:

Non-Nuclear materials for reactors:

1. Deuterium and heavy water: Deuterium and any deuterium compound in which the ratio of deuterium to hydrogen exceeds 1:5000 for use in a nuclear reactor, as defined in paragraph 1 of Annex A, in quantities exceeding 200 kg of deuterium atoms in any period of 12 months.

2. Nuclear grade graphite: Graphite having a purity level better than 5 parts per million boron equivalent and with a density greater than 1.50 grams per cubic centimetre in quantities exceeding 30 metric tons in any period of 12 months.

ANNEX B

ARTICLE XX

Definitions

As used in this Statute:

1. The term “special fissionable materials” means plutonium-239; uranium-233; uranium enriched in the isotopes 235 or 233; any material containing one or more of the foregoing; and such other fissionable material as the Board of Governors shall from time to time determine; but the term “special fissionable material” does not include source material.

2. The term “uranium enriched in the isotopes 235 or 233” means uranium containing the isotopes 235 or 233 or both in an amount such that the abundance ratio of the sum of these isotopes to the isotopes 238 is greater than the ratio of the isotope 235 to the isotope 238 occurring in nature.

3. The term “source material” means uranium containing the mixture of isotopes occurring in nature; uranium depleted in the isotope 235; thorium; any of the foregoing in the form of metal, alloy, chemical compound or concentrate; any other material containing one or more of the foregoing in such concentration as the Board of Governors shall from time to time determine; and such other material as the Board of Governors shall from time to time determine.