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in material testing reactors and research reactors, each capable of operating with a fuel load not exceeding 8 kilograms of contained U-235.

The agreement specified that contracts for sale or lease of SNM by the then AEC (now ERDA) would be between the AEC (ERDA) and the Euratom Supply Agency. The agreement included about a page of conditions for these contracts. Title to leased SNM would remain in the United States which would have "power and authority" over this material within the Community. Euratom could distribute transferred SNM to authorized users in the Community. Title to SNM produced in nuclear fuel sold by or leased from the United States remains in the Community.

Reprocessing - The U.S. agreed to reprocess spent fuel which the Community purchased from the U.S. When any source or special nuclear material leased from the U. S. requires reprocessing, it is to be performed at the discretion of ERDA by the United States or in other acceptable facilities. As otherwise agreed, the form and content of irradiated fuel elements may not be altered after their removal from reactors and prior to delivery at ERDA or other facilities. SNM or other material recovered from material returned to the United States for reprocessing will be returned to the Community, unless otherwise agreed. The United States will give prior notice if its facilities are not available to reprocess Euratom fuel.

Euratom has a first option to purchase SNM produced in reactors fueled with material obtained from the United States under this Agreement which is in excess of the Community's needs. If this option is not exercised by Euratom, the United States is prepared to purchase the material at current domestic prices.

Commitments to purchase of plutonium produced in any reactor con

structed under the Joint Program were not to extend beyond a period of ten years of operation or December 31, 1973 or December 31, 1975 for certain reactors, unless extended by negotiation.

The U.S. Commission agreed to assist Euratom in obtaining reactor materials other than SNM from private U. S. organizations.

Persons under U. S. jurisdiction may make arrangements to transfer materials to authorized persons under EURATOM jurisdiction.

Information Exchange - All non-patentable information developed in connection with the R&D program will be delivered to all Parties for their use without further obligation.

ERDA and EURATOM will also exchange unclassified information on peaceful use of atomic energy, including technical advice in the design and construction of future reprocessing plants which the Community may decide to design and construct or sponsor.

The application or use of any information transferred is the responsibility of the recipient.

Liability

The Euratom Commission will seek to develop and secure the adoption, at the earliest date practical, of suitable measures to provide

adequate financial protection against third party liability.

Guarantees

The Community guarantees that no material, equipment and devices transferred pursuant to the Agreement will be used for atomic weapons, research and development of atomic weapons, or any other mili

tary purpose.

No material is to be transferred to unauthorized persons unless the U.S. agrees and it falls within an Agreement for Cooperation.

No source or special nuclear material utilized in, recovered from, or produced as a result of the use of materials, equipment and devices transferred under this Agreement are to be used for atomic weapons, research and development of atomic weapons, or for any other military purposes. Safeguards The Community undertook the responsibility for establishing and implementing a safeguards and control system designed to give maximum assurance that any material, equipment or devices made available pursuant to this Agreement, and any source or special nuclear material derived from the use of such material, equipment and devices, are utilized solely for peaceful purposes. The Community agreed to consult with the IAEA in establishing and implementing its safeguards and control system. EURATOM agreed to:

1) Examine the design of equipment, devices and facilities, including nuclear reactors, to assure that they will not further any military purpose and that they will permit effective application of safeguards, if such equipment, devices and facilities:

-are made available pursuant to this Agreement;

-use, process, or fabricate materials relevant to safeguards which

are received from the United States;

-use any special nuclear material produced as the result of the use of equipment or material received from the United States;

2) Require the maintenance and production of operating records to assure the accountability of special nuclear materials;

3) Require that progress reports be prepared and delivered to

EURATOM on projects utilizing material received from the United
States;

4) Establish and require the deposit and storage under continuing safeguards, in Euratom facilities of special nuclear material not

currently being utilized for peaceful purposes in the Community or otherwise transferred.

5) Establish an inspection organization which will have access at all times to relevant persons, places and data necessary to assure The inspection organization will also be

accounting of material.

in a position to make necessary independent measurements.

The United States, as the Community may request, agreed to assist in establishing the safeguards and control system. There are to be frequent consultations between the Parties to assure that the Community's safeguards system effectively meets the principles.

The Parties agreed to consult from time to time to determine whether there are any areas with regard to safeguards and control and matters of health and safety in which the LAEA might assist.

Further Agreements

agreements.

The Parties anticipated further cooperation Member States of EURATOM which have concluded agree

ments with third countries for cooperation in nuclear energy prior to the date of entry into force of this Treaty agreed to enter into obligations under those agreements by the Community.

Existing agreements between EURATOM members and the United

States were not to be modified by the joint program, although modification could be made by joint agreement.

64-626 0-76-11

Liability - Euratom agreed to indemnify and safe harmless the United States against damages or third party liability arising from the joint pro

gram.

Definitions - Definitions for Person, special nuclear material, source material, parties, and Euratom supply agency are included.

The International Atomic Energy Agency

Definitions

The following terms are defined in the agreement with the LAEA: agency, United States, Parties, agency statute, person, reactor material, source material, special nuclear material, and agency activity.

U.S. supply of enriched uranium

The U.S. agreed to make available 5,000 kilograms of contained U235 to the Agency for its activities pursuant to the Agency Statute. The U.S. also agreed to provide amounts of SNM to match the sum of all quantities of SNM made available by all other Members of the Agency prior to July 1, 1960. Additional amounts may also be supplied. The uranium supplied may be enriched up to 20% U-235 unless the parties agree to a higher enrichment for uranium used in research reactors, material testing reactors or for research purposes.

The SNM made available to the Agency is to be used at the Agency's direction and distributed by the Agency in accordance with its Statute, rules and regulations. When requested by the Agency, the U.S. is to deliver the material to the Agency or to a Member or group of members designated by the Agency. Form, composition, delivery, etc., are to be agreed upon.

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