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Exchange of Letters between the Government of Canada and the European Atomic Energy Community (Euratom) amending the Agreement for Co-operation in the Peaceful Uses of Atomic Energy signed October 6, 1959 [1991] CATSer 20 (15 July 1991)

1. Tritium and tritium-related equipment transferred from Canada to Euratom, whether directly or indirectly, for use in the Fusion Programme and tritium produced or processed with such equipment (all such tritium and tritium-related equipment being hereinafter referred to as "tritium items") shall be subject to the Agreement. Accordingly, in particular, such tritium items:

(a) shall not be used for the manufacture of any nuclear weapon or for other military uses of nuclear energy or for the manufacture of any other nuclear explosive device; and

(b) shall not be re-transferred beyond the territories in which the Euratom Treaty is applied, except as provided for in paragraph 4 of this exchange of letters, without the prior written consent of the Government of Canada.

2. Unless the prior written consent of the Government of Canada is obtained for another use, tritium items subject to the Agreement shall only be used in the Fusion Programme.

3. With reference to the undertakings made in Article IX of the Agreement and paragraph c of the Exchange of Letters of 16 January 1978, Euratom shall apply to tritium items appropriate recording, accounting and inventory procedures. These procedures shall be regularly reviewed by the Joint Technical Working Group (JTWG), and, at the request of either Contracting Party, shall be subject to consultations in accordance with Article XIII of the Agreement.

4. (a) Paragraph 2 of the Exchange of Letters of 21 June 1985 shall apply to re-transfers of tritium items, for use in connection with the Fusion Programme, to third parties cooperating in or with the Fusion Programme.

(b) Pursuant to this exchange of letters, Canada shall identify a third party, in accordance with paragraph 2(a) i) of the Exchange of Letters of 21 June 1985, once it has given Canada appropriate non-proliferation assurances equivalent to those provided by the present exchange of letters.

(c) The waiver provided in paragraph 4 of the Exchange of Letters of 21 June 1985 shall be deemed to apply to a tritium item received by Euratom from a third party identified in accordance with (b) above which has identified the tritium item as being subject to an agreement with Canada. For greater certainty, the tritium item so received shall become subject to the Agreement upon receipt.

5. Appropriate measures shall be applied within the Community to prevent unauthorized taking and use of tritium items subject to the Agreement.

6. (a) "Fusion Programme" means the Euratom programme of research and training in the field of controlled thermonuclear fusion as adopted by the Council of the European Communities by "Council Decision of 25 July 1988 adopting a multiannual research and training programme in the field of controlled thermonuclear fusion" (88/448/EURATOM), (OJEC No L 222, 12.8.1988, p. 6) and, for the purpose of greater certainty, includes Euratom's participation in the International Thermonuclear Experimental Reactor (ITER). Each time a change is made to the substance of the Euratom programme of research and training in the field of controlled thermonuclear fusion, Euratom shall notify Canada of the change. At the request of either Contracting Party, any change to the Fusion Programme shall be reviewed at consultations pursuant to Article XIII of the Agreement.

(b) "Tritium-related equipment" means equipment specially designed or prepared for the production, recovery, extraction, concentration or handling of tritium and its compounds and mixtures.

(c) "Tritium" includes compounds and mixtures that contain tritium in which the ratio of tritium to hydrogen by atoms is greater than 1 part in 1 000.

If the foregoing is acceptable to the Government of Canada, I have the honour to propose that this letter, which is authentic in both English and French, together with Your Excellency's reply to that effect, shall constitute an agreement amending the Agreement. The present agreement shall enter into force as of the date of Your Excellency's reply to this letter and shall remain in force so long as any tritium items referred to in this letter remain in existence or it is otherwise agreed.

Please accept, Your Excellency, the assurance of my highest consideration.

For the European Atomic Energy Community represented by the Commission of the European Communities,

F. H. J. J. Andriessen

Vice-President

II

The Head of the Canadian Mission to the Vice-President of the Commission of the European Communities

Sir,

I have the honour to acknowledge receipt of your letter of today's date which reads as follows:

"I refer to the history of cooperation between Euratom and Canada in the peaceful use of atomic energy and in the field of fusion research and development and to the common desire of Euratom and Canada to pursue their cooperation in these domains.

In the development of this cooperation, I note the importance of the Agreement between the European Atomic Energy Community (Euratom) and the Government of Canada for cooperation in the peaceful uses of atomic energy, signed on 6 October 1959 and subsequently amended by exchanges of letters of 16 January 1978, 18 December 1981 and 21 June 1985 (hereinafter referred to as "the Agreement") and the Memorandum of Understanding between the European Atomic Energy Community represented by the Commission of the European Communities and the Government of Canada concerning cooperation in the field of fusion research and development, concluded on 6 March 1986.

Euratom requires substantial quantities of tritium for the implementation of the Euratom programme of research and training in the field of controlled thermonuclear fusion. I note that Canada has declared its readiness to supply tritium and tritium-related equipment for this purpose subject to appropriate non-proliferation assurances.

At present, tritium and tritium-related equipment do not come within the purview of the Agreement. The Agreement can provide the basis for the application of non-proliferation assurances to tritium and tritium-related equipment transferred from Canada to Euratom for use in the Fusion Programme, and to tritium produced or processed with such equipment.

I have therefore the honour to propose that the Agreement be completed by the following provisions:

1. Tritium and tritium-related equipment transferred from Canada to Euratom, whether directly or indirectly, for use in the Fusion Programme and tritium produced or processed with such equipment (all such tritium and tritium-related equipment being hereinafter referred to as "tritium items") shall be subject to the Agreement. Accordingly, in particular, such tritium items:

(a) shall not be used for the manufacture of any nuclear weapon or for other military uses of nuclear energy or for the manufacture of any other nuclear explosive device; and

(b) shall not be re-transferred beyond the territories in which the Euratom Treaty is applied, except as provided for in paragraph 4 of this exchange of letters, without the prior written consent of the Government of Canada.

2. Unless the prior written consent of the Government of Canada is obtained for another use, tritium items subject to the Agreement shall only be used in the Fusion Programme.

3. With reference to the undertakings made in Article IX of the Agreement and paragraph c of the Exchange of Letters of 16 January 1978, Euratom shall apply to tritium items appropriate recording, accounting and inventory procedures. These procedures shall be regularly reviewed by the Joint Technical Working Group (JTWG), and, at the request of either Contracting Party, shall be subject to consultations in accordance with Article XIII of the Agreement.

4. (a) Paragraph 2 of the Exchange of Letters of 21 June 1985 shall apply to re-transfers of tritium items, for use in connection with the Fusion Programme, to third parties cooperating in or with the Fusion Programme.

(b) Pursuant to this exchange of letters, Canada shall identify a third party, in accordance with paragraph 2(a) i) of the Exchange of Letters of 21 June 1985, once it has given Canada appropriate non-proliferation assurances equivalent to those provided by the present exchange of letters.

(c) The waiver provided in paragraph 4 of the Exchange of Letters of 21 June 1985 shall be deemed to apply to a tritium item received by Euratom from a third party identified in accordance with (b) above which has identified the tritium item as being subject to an agreement with Canada. For greater certainty, the tritium item so received shall become subject to the Agreement upon receipt.

5. Appropriate measures shall be applied within the Community to prevent unauthorized taking and use of tritium items subject to the Agreement.

6. (a) "Fusion Programme" means the Euratom programme of research and training in the field of controlled thermonuclear fusion as adopted by the Council of the European Communities by "Council Decision of 25 July 1988 adopting a multiannual research and training programme in the field of controlled thermonuclear fusion" (88/448/EURATOM), (OJEC No L 222, 12.8.1988, p. 6) and, for the purpose of greater certainty, includes Euratom's participation in the International Thermonuclear Experimental Reactor (ITER). Each time a change is made to the substance of the Euratom programme of research and training in the field of controlled thermonuclear fusion, Euratom shall notify Canada of the change. At the request of either Contracting Party, any change to the Fusion Programme shall be reviewed at consultations pursuant to Article XIII of the Agreement.

(b) "Tritium-related equipment" means equipment specially designed or prepared for the production, recovery, extraction, concentration or handling of tritium and its compounds and mixtures.

(c) "Tritium" includes compounds and mixtures that contain tritium in which the ratio of tritium to hydrogen by atoms is greater than 1 part in 1 000.

If the foregoing is acceptable to the Government of Canada, I have the honour to propose that this letter, which is authentic in both English and French, together with Your Excellency's reply to that effect, shall constitute an agreement amending the Agreement. The present agreement shall enter into force as of the date of Your Excellency's reply to this letter and shall remain in force so long as any tritium items referred to in this letter remain in existence or it is otherwise agreed."

I have the honour to inform you that the Government of Canada is in agreement with the contents of your letter, and to confirm that your letter and this reply, which is authentic in English and French, shall constitute an agreement amending the Agreement between the Government of Canada and the European Atomic Energy Community (Euratom) of 6 October 1959, as amended, which shall enter into force on the date of this letter and shall remain in force so long as any tritium items referred to in this letter remain in existence or it is otherwise agreed.

Please accept, Sir, the assurance of my highest consideration.

For the Government of Canada,

Daniel Molgat