Australia-UK agreement on nuclear co-operation and development after UK leaves European Union
This agreement allows the strong links between the UK and Australia in the civil nuclear sector to continue following the UK’s withdrawal from Euratom and provides the basis for future collaboration.
International treaty Gov UK
[CS Australia No.1/2018] UK/Australia: Agreement for Cooperation in the Peaceful Uses of Nuclear Energy Presented to Parliament 12 November 2018
Details
- Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Australia on Cooperation in the peaceful uses of Nuclear Energy
EXPLANATORY MEMORANDUM ON THE AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF AUSTRALIA ON COOPERATION IN THE PEACEFUL USES OF NUCLEAR ENERGY
SubjectMatter
1. The UK participates in a number of international agreements as a result of, or relevant to, its membership of the European Union (EU) and the European Atomic Energy Community (Euratom) and which help underpin the UK’s relationships with third countries and international organisations. This agreement is intended to replicate, as between Australia and the UK, the effect of the “Agreement between the Government of Australia and the European Atomic Energy Community (Euratom) for Cooperation in the Peaceful Uses of Atomic Energy (2011)” (the Australia-Euratom Nuclear Cooperation Agreement (NGA)). It will enter into force when the Australia-Euratom NGA ceases to apply to and in the UK. This is expected to be at the end of the Implementation Period.
Title of the Agreement
Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Australia on Cooperation in the Peaceful Uses of Nuclear Energy
Command Paper No 9731
1. Ahead of the UK’s withdrawal from the EU and Euratom the Government has committed to put in place all the necessary arrangements to ensure that the UK can continue to demonstrate its commitment to nuclear safeguards and non-proliferation when Euratom arrangements no longer apply in the UK. Given there is not an existing NGA in force between the UK and Australia that would maintain the benefits of the Australia-Euratom NGA, the Government has concluded a bilateral NGA with Australia, which the Government is now laying before Parliament.
2. This new “Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Australia on Cooperation in the Peaceful Uses of Nuclear Energy” (the UK-Australia NGA) sets out the intention of the UK and Australia to continue our mutually beneficial cooperation in the civil nuclear sector, and provides a framework for doing so.
3. The UK-Australia NGA was signed on 21 August 2018 by Menna Rawlings, the British High Commissioner to Australia for the United Kingdom of Great Britain and Northern Ireland and by Julie Bishop, Minister for Foreign Affairs and Trade for Australia.
Ministerial Responsibility
1. Civil nuclear policy falls within the remit of the Secretary of State for Business, Energy and Industrial Strategy, and policy on nuclear export controls belongs with the Secretary of State for International Trade.
- The Secretary of State for Foreign and Commonwealth Affairs has responsibility for the overall relationship between the UK and the Overseas Territories. The Secretary of State for Justice has overall responsibility for the relationship between the UK and the Crown Dependencies.
Policy considerations
(i) General
NCAs provide a useful framework for nuclear co-operation. They are legally binding treaties that allow states to formally recognise their willingness to cooperate with each other on civil nuclear matters and can be useful in helping to focus efforts where cooperation would be particularly beneficial to both parties. NCAs can cover a range of issues, including the exchange of personnel and technology and cooperation on areas such as training, standards, and safety. They can simplify export control of goods/services and can be used to encourage the spread of good practice of accepted standards in civil nuclear programmes.
a) Covers cooperation in a range of applications of the peaceful uses of nuclear energy, including: research and development, nuclear safety, nuclear security, technical training and education, decommissioning, management of spent fuel and radioactive waste, and medical applications of nuclear energy (including the supply of, and exchange of information concerning, radioisotopes for medical use);
b) Allows for the transfer of nuclear material, deuterium, heavy water, nuclear grade graphite, equipment, components, and technology;
c) Ensures that items transferred subject to the agreement are subject to robust assurances regarding nuclear safeguards, safety and security, and specified conditions in respect of retransfers, enrichment and reprocessing.
2. This agreement allows the strong links between the UK and Australia in the civil nuclear sector to continue following the UK’s withdrawal from Euratom and provides the basis for future collaboration.
(i) Financial
Costs of collaboration, exchanges of personnel, training etc. encouraged by this agreement would be met by persons operating within the framework of the NGA and at no additional cost to the UK or Australian Governments.
Implementation
The Nuclear Safeguards Act 2018 provided the UK with the necessary primary legislation to ensure that the obligations under the UK-Australia NGA can be complied with. Through regulations to be made under the powersprovided for in that Act, the NGA will be specified as a “relevant international agreement” for the purposes of section 112(1A) of the Energy Act 2013, ensuring that the UK’s obligations under the NGA can be fully complied with. Draft regulations are expected to be laid before Parliament later in 2018 toensure they are in place for March 2019 if required.
- The agreement shall enter into force on a date to be mutually determined in notifications exchanged between both countries informing each other that their respective domestic requirements for entry into force of the agreement have been completed. The date to be specified will be a date after which the Treaty establishing the European Atomic Energy Community ceases to be applicable to the UK.
Consultation
- BEIS consulted across government before negotiating the agreement including with the Devolved Administrations. A formal consultation on this agreement has been initiated with the Crown Dependencies and Overseas Territories. The agreement will be ratified on behalf of the UK and the Crown Dependencies and Overseas Territories may, following this formal consultation, choose to have the agreement extended to them at a later date, at the time of or after the Agreement enters into force.Richard Harrington, MP Minister of State,Department of Business, Energy and Industrial Strategy https://www.gov.uk/government/publications/cs-australia-no12018-ukaustralia-agreement-for-cooperation-in-the-peaceful-uses-of-nuclear-energy
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November 17, 2018 - Posted by Christina Macpherson | AUSTRALIA - NATIONAL, politics international
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