++++

AGREEMENT

BETWEEN THE EUROPEAN ATOMIC ENERGY COMMUNITY ( EURATOM ) AND THE GOVERNMENT OF THE UNITED STATES OF BRAZIL FOR COOPERATION CONCERNING THE PEACEFUL USES OF ATOMIC ENERGY

( 69/95/EURATOM )

- AGREEMENT SIGNED IN THE FOUR LANGUAGES OF THE COMMUNITY AND IN PORTUGUESE .

- DATE OF THE DECISION TO CONCLUDE THE AGREEMENT : EURATOM COUNCIL , 20 AND 21 MAY 1961 .

- DATE OF SIGNATURE OF THE AGREEMENT : 9 JUNE 1961 .

- DATE OF RATIFICATION OF THE AGREEMENT BY THE PARTIES :

- EURATOM : 9 JUNE 1961

- BRAZIL : BRAZILIAN LEGISLATIVE DECREE NO 42 OF 21 MAY 1965 , PUBLISHED IN THE OFFICIAL JOURNAL OF BRAZIL , 24 MAY 1965 .

- DATE OF ENTRY INTO FORCE OF THE AGREEMENT : 24 JUNE 1965 .

THE EUROPEAN ATOMIC ENERGY COMMUNITY ( EURATOM ) ,

ACTING THROUGH ITS COMMISSION ( HEREINAFTER CALLED THE " EURATOM COMMISSION " ) ;

THE GOVERNMENT OF THE UNITED STATES OF BRAZIL ,

ACTING THROUGH THE " COMISSAO NACIONAL DE ENERGIA NUCLEAR " ( HEREINAFTER CALLED THE " NATIONAL COMMISSION " ) ;

CONSIDERING THAT BY THE TREATY SIGNED AT ROME ON 25 MARCH 1957 THE KINGDOM OF BELGIUM , THE FEDERAL REPUBLIC OF GERMANY , THE FRENCH REPUBLIC , THE ITALIAN REPUBLIC , THE GRAND DUCHY OF LUXEMBOURG AND THE KINGDOM OF NETHERLANDS ESTABLISHED A COMMUNITY WITH THE PURPOSE OF CONTRIBUTING TO THE RAISING OF THE STANDARD OF LIVING IN THE MEMBER STATES AND TO THE DEVELOPMENT OF RELATIONS WITH OTHER COUNTRIES BY CREATING THE CONDITIONS NECESSARY FOR THE SPEEDY ESTABLISHMENT AND GROWTH OF NUCLEAR INDUSTRIES ;

CONSIDERING THAT THE COMMUNITY AND THE GOVERNMENT OF THE UNITED STATES OF BRAZIL HAVE EXPRESSED THEIR DESIRE TO ESTABLISH CLOSE COLLABORATION CONCERNING THE PEACEFUL USES OF ATOMIC ENERGY ,

HAVE AGREED AS FOLLOWS :

ARTICLE I

THE CONTRACTING PARTIES SHALL RENDER EACH OTHER AID AND ASSISTANCE IN ENCOURAGING AND DEVELOPING PEACEFUL USES OF ATOMIC ENERGY .

IN VIEW OF THE EXCLUSIVELY PEACEFUL FUNCTIONS OF THE EUROPEAN ATOMIC ENERGY COMMUNITY ( EURATOM ) , COOPERATION BETWEEN THE CONTRACTING PARTIES SHALL NOT EXTEND TO ACTIVITIES UNCONNECTED WITH PEACEFUL USES OF ATOMIC ENERGY .

ARTICLE II

THE COOPERATION ENVISAGED IN ARTICLE I OF THIS AGREEMENT MAY INCLUDE :

( A ) THE SUPPLY OF INFORMATION RELATING IN PARTICULAR TO :

( I ) RESEARCH AND DEVELOPMENT ;

( II ) HEALTH AND SAFETY ;

( III ) INSTALLATIONS AND EQUIPMENT ( INCLUDING PROJECTS , DESIGNS AND DESCRIPTIONS ) ;

( IV ) THE USE OF INSTALLATIONS AND EQUIPMENT , ORES , SOURCE MATERIALS , SPECIAL FISSILE MATERIALS , IRRADIATED FUELS AND RADIOISOTOPES ;

( B ) THE GRANTING OF LICENCES OR SUBLICENCES UNDER PATENTS ;

( C ) THE EXCHANGE OF STUDENTS , TECHNICIANS AND TEACHING PERSONNEL ;

( D ) THE IMPROVEMENT OF TECHNIQUES IN PROSPECTING FOR AND INVESTIGATING MINERAL DEPOSITS ;

( E ) THE CONSTRUCTION OF INSTALLATIONS AND EQUIPMENT ;

( F ) THE SUPPLY OF ORES , SOURCE MATERIALS , SPECIAL FISSILE MATERIALS AND RADIOISOTOPES ;

( G ) THE PROCESSING OF ORES AND SOURCE MATERIALS AND THE CHEMICAL PROCESSING OF FUELS .

ARTICLE III

ARRANGEMENTS FOR THE COOPERATION ENVISAGED IN THIS AGREEMENT SHALL BE AGREED IN EACH CASE . SUCH COOPERATION SHALL NOT , HOWEVER , BE IN CONTRAVENTION OF LAWS OR REGULATIONS IN FORCE IN THE COMMUNITY OR IN THE UNITED STATES OF BRAZIL , OR OF INTERNATIONAL AGREEMENTS TO WHICH THE COMMUNITY OR THE UNITED STATES OF BRAZIL ARE PARTIES AT THE DATE OF THE ENTRY INTO FORCE OF THIS AGREEMENT .

ARTICLE IV

1 . THE EURATOM COMMISSION AND THE NATIONAL COMMISSION MAY MAKE AVAILABLE TO EACH OTHER AND TO PERSONS ESTABLISHED IN THE UNITED STATES OF BRAZIL OR IN THE COMMUNITY INFORMATION AT THEIR DISPOSAL ON MATTERS WITHIN THE SCOPE OF THIS AGREEMENT .

2 . THIS AGREEMENT SHALL NOT EXTEND TO THE SUPPLY OF INFORMATION RECEIVED FROM A THIRD PARTY ON TERMS OR CONDITIONS PRECLUDING SUCH SUPPLY .

3 . INFORMATION REGARDED BY THE SUPPLYING CONTRACTING PARTY AS BEING OF COMMERCIAL VALUE SHALL BE SUPPLIED ONLY UNDER TERMS AND CONDITIONS DETERMINED BY THAT CONTRACTING PARTY .

ARTICLE V

1 . THE CONTRACTING PARTIES SHALL ENCOURAGE AND FACILITATE THE EXCHANGE OF INFORMATION BETWEEN PERSONS ESTABLISHED IN THE COMMUNITY AND PERSONS ESTABLISHED IN THE UNITED STATES OF BRAZIL ON MATTERS WITHIN THE SCOPE OF THIS AGREEMENT .

2 . INFORMATION OWNED BY SUCH PERSONS SHALL BE SUPPLIED ONLY WITH THEIR CONSENT AND UNDER CONDITIONS SPECIFIED BY THEM .

ARTICLE VI

1 . ( A ) THE CONTRACTING PARTIES MAY , ON COMMERCIAL TERMS , GRANT TO EACH OTHER OR TO PERSONS ESTABLISHED IN THE UNITED STATES OF BRAZIL OR IN THE COMMUNITY LICENCES OF SUBLICENCES UNDER PATENTS OWNED BY THEM OR FOR WHICH THEY HAVE THE RIGHT TO GRANT LICENCES OR SUBLICENCES AND WHICH RELATE TO MATTERS WITHIN THE SCOPE OF THIS AGREEMENT .

( B ) THIS AGREEMENT SHALL NOT EXTEND TO THE GRANTING OF LICENCES OR SUBLICENCES UNDER PATENTS OR LICENCES RECEIVED FROM THIRD PARTIES UNDER CONDITIONS PRECLUDING SUCH GRANTS .

2 . THE CONTRACTING PARTIES SHALL ENCOURAGE AND FACILITATE THE GRANTING TO PERSONS ESTABLISHED IN THE COMMUNITY OR IN THE UNITED STATES OF BRAZIL OF LICENCES AND SUBLICENCES UNDER PATENTS OWNED BY PERSONS ESTABLISHED IN THE COMMUNITY OR IN THE UNITED STATES OF BRAZIL ON MATTERS WITHIN THE SCOPE OF THIS AGREEMENT . LICENCES AND SUBLICENCES SHALL BE GRANTED ONLY WITH THE CONSENT OF SUCH PERSONS AND UNDER CONDITIONS SPECIFIED BY THEM .

ARTICLE VII

THE CONTRACTING PARTIES SHALL ENCOURAGE AND PROMOTE THE EXCHANGE OF STUDENTS , TECHNICIANS AND TEACHING PERSONNEL . THEY SHALL , IN PARTICULAR , SO FAR AS POSSIBLE ASSIST TRAINEES TO ATTEND RESEARCH ESTABLISHMENTS IN THE COMMUNITY OR IN THE UNITED STATES OF BRAZIL FOR THE PURPOSE OF COMPLETING THEIR TRAINING .

ARTICLE VIII

1 . AT THE REQUEST OF THE NATIONAL COMMISSION THE EURATOM COMMISSION SHALL ENCOURAGE PERSONS ESTABLISHED IN THE COMMUNITY TO COOPERATE IN PROSPECTING FOR , AND INVESTIGATING , DEPOSITS OF URANIUM AND OTHER ORES OF NUCLEAR INTEREST IN BRAZILIAN TERRITORY .

2 . THE FORM AND THE CONDITIONS OF COOPERATION IN THIS FIELD SHALL BE LAID DOWN BY AGREEMENT BETWEEN THE NATIONAL COMMISSION AND PERSONS ESTABLISHED IN THE COMMUNITY .

3 . IF COOPERATION IN THIS FIELD YIELDS POSITIVE RESULTS , THE CONTRACTING PARTIES SHALL CONSULT EACH OTHER ON THE WAY IN WHICH THE DEPOSITS DISCOVERED MIGHT BE USED IN CONFORMITY WITH BRAZILIAN LAW , THE TREATY ESTABLISHING THE EUROPEAN ATOMIC COMMUNITY ( EURATOM ) , THE NATIONAL LAWS OF THE MEMBER STATES OF THE COMMUNITY AND INTERNATIONAL OBLIGATIONS IN FORCE .

ARTICLE IX

1 . THE CONTRACTING PARTIES SHALL , SO FAR AS POSSIBLE , ASSIST EACH OTHER IN THE ACQUISITION OR CONSTRUCTION BY EITHER CONTRACTING PARTY OR BY PERSONS ESTABLISHED IN THE UNITED STATES OF BRAZIL OR IN THE COMMUNITY OF EQUIPMENT AND OTHER REQUISITES FOR ATOMIC ENERGY RESEARCH , DEVELOPMENT AND PRODUCTION IN THE UNITED STATES OF BRAZIL OR IN THE COMMUNITY .

2 . THE CONTRACTING PARTIES SHALL ENDEAVOUR TO ENCOURAGE THE SUPPLY AND EXCHANGE OF RADIOISOTOPES BETWEEN THE COUNTRIES OF THE COMMUNITY AND THE UNITED STATES OF BRAZIL .

ARTICLE X

THE CONTRACTING PARTIES AGREE THAT , WITH THE GENERAL OR SPECIFIC AUTHORIZATION OF THE GOVERNMENT OF THE UNITED STATES OF BRAZIL OR , WHERE SO REQUIRED BY THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY ( EURATOM ) , OF THE EURATOM COMMISSION , ORES , SOURCE MATERIALS AND SPECIAL FISSILE MATERIALS MAY BE SUPPLIED OR RECEIVED UNDER THIS AGREEMENT ON COMMERCIAL TERMS OR AS OTHERWISE AGREED BY THE SUPPLY AGENCY OF THE COMMUNITY , OR BY PERSONS ESTABLISHED IN THE UNITED STATES OF BRAZIL OR IN THE COMMUNITY .

ARTICLE XI

THE EURATOM COMMISSION SHALL ENDEAVOUR TO ENSURE FAVOURABLE CONSIDERATION FOR APPLICATIONS FOR PROCESSING OF IRRADIATED FUELS MADE BY THE NATIONAL COMMISSION UNDER CONDITIONS TO BE DETERMINED IN EACH CASE .

ARTICLE XII

1 . AGREEMENTS OR CONTRACTS DRAWN UP UNDER THIS AGREEMENT MAY CONTAIN GUARANTEES WHICH WILL BE AGREED CASE BY CASE . SUBJECT TO THE PROVISIONS OF SUCH AGREEMENTS OR CONTRACTS , NO PROVISION OF THIS AGREEMENT MAY BE INTERPRETED AS IMPOSING ANY LIABILITY WHATSOVER ON EITHER CONTRACTING PARTY WITH REGARD TO :

( A ) THE ACCURACY OR COMPLETENESS OF ANY INFORMATION SUPPLIED UNDER THIS AGREEMENT ;

( B ) THE CONSEQUENCES OF THE USE MADE OF ANY INFORMATION OR OF MATERIALS OR EQUIPMENT SUPPLIED UNDER THIS AGREEMENT ;

( C ) THE SUITABILITY OF SUCH INFORMATION , MATERIALS OR EQUIPMENT FOR ANY PARTICULAR USE OR APPLICATION .

2 . THE CONTRACTING PARTIES RECOGNIZE THAT THE FULL IMPLEMENTATION OF THIS AGREEMENT CALLS FOR MEASURES FOR SOLVING THE PROBLEM OF CIVIL LIABILITY RISKS WHICH AT PRESENT ARE UNINSURABLE . THE CONTRACTING PARTIES AGREE TO COOPERATE IN PREPARING AND SECURING THE EARLIEST POSSIBLE ADOPTION OF MEASURES FOR ENSURING ADEQUATE FINANCIAL PROTECTION IN RESPECT OF CIVIL LIABILITY .

ARTICLE XIII

1 . THE CONTRACTING PARTIES UNDERTAKE TO ENSURE THAT :

( A ) MATERIALS OR EQUIPMENT OBTAINED UNDER THIS AGREEMENT , AND SOURCE MATERIALS OR SPECIAL FISSILE MATERIALS DERIVED FROM THE USE OF ANY MATERIALS OR EQUIPMENT SO OBTAINED , SHALL BE EMPLOYED SOLELY FOR THE PROMOTION AND DEVELOPMENT OF PEACEFUL USES OF ATOMIC ENERGY AND NOT FOR ANY MILITARY PURPOSE ;

( B ) TO THIS END , NO MATERIALS AND NO EQUIPMENT OBTAINED UNDER THIS AGREEMENT , OR ANY SOURCE MATERIALS OR SPECIAL FISSILE MATERIALS DERIVED FROM ANY MATERIALS OR EQUIPMENT SO OBTAINED , SHALL BE TRANSFERRED TO UNAUTHORIZED PERSONS OR BEYOND THE CONTROL OF A CONTRACTING PARTY WITHOUT THE PRIOR CONSENT IN WRITING OF THE OTHER PARTY .

2 . BEFORE SUPPLYING MATERIALS OR EQUIPMENT UNDER THIS AGREEMENT , THE CONTRACTING PARTIES SHALL CONSULT EACH OTHER IN ORDER TO APPLY , AT THE APPROPRIATE TIME , A SYSTEM OF SAFEGUARDS WHICH WILL ENSURE THAT THE USE OF SUCH MATERIALS OR EQUIPMENT IS IN ACCORDANCE WITH THE OBJECTIVES OF THIS AGREEMENT .

SUCH CONSULTATION SHALL TAKE INTO ACCOUNT THE SYSTEM OF SAFEGUARDS SET UP BY THE COMMUNITY UNDER THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY ( EURATOM ) AND THE MEASURES ADOPTED TO THE SAME END BY THE GOVERNMENT OF BRAZIL .

3 . IN RECOGNITION OF THE IMPORTANCE OF THE INTERNATIONAL ATOMIC ENERGY AGENCY , THE EURATOM COMMISSION AND THE GOVERNMENT OF THE UNITED STATES OF BRAZIL SHALL CONSULT EACH OTHER FROM TIME TO TIME TO DETERMINE WHETHER THAT AGENCY COULD BE ASKED TO PROVIDE TECHNICAL ASSISTANCE WITH REGARD TO SAFEGUARDS .

ARTICLE XIV

1 . AT THE REQUEST OF EITHER CONTRACTING PARTY , THEIR REPRESENTATIVES SHALL MEET FROM TIME TO TIME TO CONSULT EACH OTHER ON QUESTIONS ARISING FROM THE APPLICATION OF THIS AGREEMENT , TO SUPERVISE ITS OPERATION AND TO STUDY MEASURES OF COOPERATION ADDITIONAL TO THOSE PROVIDED IN THIS AGREEMENT .

2 . SUCH CONSULTATION MAY RELATE , IN PARTICULAR , TO QUESTIONS OF COMMON CONCERN AFFECTING PEACEFUL USES OF ATOMIC ENERGY BEARING ON RESEARCH , PRODUCTION TECHNOLOGY , HEALTH AND SAFETY AND ECONOMIC QUESTIONS .

ARTICLE XV

( A ) " CONTRACTING PARTIES " MEANS THE EUROPEAN ATOMIC ENERGY COMMUNITY ( EURATOM ) AND THE GOVERNMENT OF BRAZIL ;

( B ) " INSTALLATIONS " MEANS FACTORIES , BUILDINGS OR STRUCTURES ENCLOSING OR COMPRISING EQUIPMENT WITHIN THE MEANING OF PARAGRAPH ( C ) OF THIS ARTICLE OR WHICH ARE SPECIALLY SUITABLE FOR OR ARE USED FOR NUCLEAR PURPOSES ;

( C ) " EQUIPMENT " MEANS ITEMS OF MACHINERY OR PLANT , OR MAJOR COMPONENTS THEREOF , SPECIALLY SUITABLE FOR USE IN ATOMIC ENERGY PROJECTS ;

( D ) " FUEL " MEANS ANY SUBSTANCE , OR COMBINATION OF SUBSTANCES , PREPARED FOR USE IN A REACTOR FOR THE PURPOSE OF INITIATING AND MAINTAINING A SELFSUSTAINING FISSION CHAIN REACTION ;

( E ) " ORES " MEANS ORES OR ORE CONCENTRATES CONTAINING SUBSTANCES FROM WHICH THE SOURCE MATERIALS DEFINED BELOW MAY BE OBTAINED BY THE APPROPRIATE CHEMICAL AND PHYSICAL PROCESSING ;

( F ) " 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 OR CHEMICAL COMPOUND , SUCH OTHER MATERIAL AS MAY BE MUTUALLY AGREED BY THE CONTRACTING PARTIES ;

( G ) " SPECIAL FISSILE MATERIAL " MEANS PLUTONIUM ; URANIUM 233 ; URANIUM 235 ; URANIUM ENRICHED IN THE ISOTOPE 233 OR 235 ; ANY SUBSTANCE CONTAINING ONE OR MORE OF THE FOREGOING , OR ANY OTHER SUBSTANCE AS MAY BE AGREED BETWEEN THE CONTRACTING PARTIES . THE TERM " SPECIAL FISSILE MATERIAL " DOES NOT INCLUDE " SOURCE MATERIAL " ;

( H ) " PERSON " MEANS ANY NATURAL OR LEGAL PERSON , ANY ASSOCIATION OF PERSONS WHETHER OR NOT HAVING LEGAL PERSONALITY , ANY BODY GOVERNED BY PUBLIC OR PRIVATE LAW OR ANY GOVERNMENT BODY OR UNDERTAKING , OTHER THAN THE CONTRACTING PARTIES ;

( I ) " IN THE COMMUNITY " MEANS IN THE TERRITORIES TO WHICH THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY ( EURATOM ) APPLIES OR WILL APPLY .

ARTICLE XVI

THIS AGREEMENT SHALL BE SUBMITTED FOR APPROVAL TO THE CONGRESS OF THE UNITED STATES OF BRAZIL .

ARTICLE XVII

( A ) THIS AGREEMENT SHALL ENTER INTO FORCE ON THE DAY ON WHICH EACH OF THE PARTIES RECEIVES FROM THE OTHER PARTY NOTIFICATION IN WRITING THAT ALL THE LEGAL AND CONSTITUTIONAL FORMALITIES REQUIRED FOR THE ENTRY INTO FORCE OF SUCH AN AGREEMENT HAVE BEEN COMPLETED . IT SHALL REMAIN IN FORCE FOR 20 YEARS .

( B ) EITHER CONTRACTING PARTY MAY TERMINATE THIS AGREEMENT SUBJECT TO SIX MONTHS' NOTICE TO THE OTHER PARTY .

( C ) SHOULD THIS AGREEMENT BE DENOUNCED , AGREEMENTS OR CONTRACTS CONCLUDED WITHIN ITS FIELD OF APPLICATION SHALL REMAIN IN FORCE FOR THE FULL PERIODS FOR WHICH THEY WERE CONCLUDED , UNLESS OTHERWISE AGREED BETWEEN THE CONTRACTING PARTIES .

IN WITNESS WHEREOF , THE UNDERSIGNED REPRESENTATIVES , DULY AUTHORIZED , HAVE SIGNED THIS AGREEMENT .

DONE AT BRASILIA , 9 JUNE 1961 .

IN TWO COPIES IN THE DUTCH , FRENCH , GERMAN , ITALIAN AND PORTUGUESE LANGUAGES , EACH OF THESE TEXTS BEING EQUALLY AUTHENTIC .

HEINZ KREKELER

E . M . J . A . SASSEN

MARCELLO DAMY DE SOUZA SANTOS