Article 12 Criteria applying to international nuclear safety cooperation

1.   A common understanding and a reciprocal agreement between the third country and the Community shall, in principle, be confirmed through a formal request to the Commission. Such request shall bind the respective government.

2.   Third countries wishing to cooperate with the Community shall be parties to the Treaty on the Non-Proliferation of Nuclear Weapons and shall have an Additional Protocol in force or shall have concluded a safeguards agreement with the IAEA. They shall fully subscribe to the Fundamental Safety Principles as stipulated in IAEA Safety Standards and shall be parties to the relevant conventions, such as the Convention on Nuclear Safety and the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management, or have taken steps demonstrating a firm undertaking to accede to such conventions. In the case of active cooperation, that undertaking shall be evaluated annually, taking into account national reports and other documents on the implementation of relevant conventions. On the basis of that evaluation, a decision shall be taken with regard to the continuation of the cooperation. In cases of emergency, flexibility should, exceptionally, be shown in the application of those principles.

3.   In order to ensure and monitor compliance with the cooperation-related objectives of the Instrument, the third country concerned shall accept the evaluation of the actions undertaken. That evaluation shall allow the monitoring and verification of compliance with the agreed objectives and may be a condition for continued payment of the Community contribution.

4.   Cooperation provided by the Union in the field of nuclear safety and security under this Regulation is not aimed at promoting nuclear energy and shall therefore not be interpreted as a measure to promote such energy in third countries.