review of the rca agreement

Dae-ki KimNational Representative, KoreaDirector, Space & Nuclear Cooperation DivisionMinistry of Science, ICT and Future Planning

Review of the RCA Agreement8 August 2013, Seoul

2013 RCARO WORKSHOP ONStrengthening the RCA/RCARO Activities and

its Efficiency

CONTENTS

I. Background

II. Rationale for Agreement Revision

III.Articles to be Revised

IV. Draft Amendment

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Background

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Background • The 35th NRM held in April 2013, Myanmar agreed to table any proposals for revisions of RCA agreement to GCM in September 2013. - This presentation is intended to share the revisions and incorporate the opinions/suggestions to the revised agreement.- Revisions needs to be shared among RCA Member States and generate support from IAEA

Progress & Agreement.Attributing international legal status to RCA Office in the region is to be considered and reflected

when making revisions on the existing agreement. Focus is on identifying articles which require revision and then specifying the basis of RCA office

in the region.

Direction Revision to a minimum After the revision in 1987, further revision is called for but needs to be kept to a minimum to ease concerns about complexity in revising. Essential revisions

• Specifying commissioning basis of GOR, RCA Framework such RCA Chair, NRM, GCM, quorum.• Defining Government Parties to undertake other relevant activities and events besides co- operative projects. Defining entry into Agreement & enactment procedure of amended Agreement, etc

CONTENTS

I. Background


III.Articled to be Revised

IV.Draft Amendment

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Rationale for Agreement Revision

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Social & Economic Change

Legitimacy of GOR

Miscellaneous

Definition of RCA Framework

Since the revision in 1987, changes have occurred not only in society and econ-omy but in the way of international nuclear cooperation for its peaceful use.

Need to expand from educational training to more activities with impact on the economic & social development

The current agreement lacks the basic frame such as NRM, GCM, RCA chair, decision-making process, and quorum.

RCA Guideline and Operating rules is baseless in the agreement

The agreement should stipulate NRs are commissioned with authority of en-actment for the binding force of GOR.

RCARO foundation basis should be specified and other articles for the effi-cient implementation of the agreement should be added.

CONTENTS

I. Background



IV.Draft Amendment

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Articles to be Revised

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Article I:Duty of Governments Parties Revision Remarks

The Governments Parties under-take, in co-operation with each other and the Agency, to pro-mote and co-ordinate co-oper-ative research, development and training projects in nuclear science and technology through their appropriate national institutions.

The Governments Parties under-take, in co-operation with each other and the Agency, to pro-mote and co-ordinate co-oper-ative research, development and training projects or activi-ties and events in nuclear sci-ence and technology through their appropriate national insti-tutions.

Need to enlarge the scope of Government Parties' promotional efforts, being confined to co-op-erative projects, to RCA activities & events for the activating im-plementation of this Agreement.

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Article II: NRM Revision Remarks

1. There shall be a meeting ................ to be convened by the Agency. The Meeting of Representatives shall be held as required and, at least, once every year.

1. There shall be a meeting ................ to be convened by the Agency. The Meeting of Representatives shall be held as required and, at least, twice every year; one in the Member State and the other in the Agency.

Need to update RCA structure. There is no definition of RCA Chair, NRM, GCM, etc.

2. The Meeting of Representatives shall have the authority:(d) to co-ordinate the activities of the project committees established in accordance with article VI;

(f) to consider any other matters re-lated to or connected with the pro-motion and coordination of co-op-erative projects for the purposes of this Agreement as set forth in article 1.

2. The Meeting of Representatives shall have the authority:(d) to co-ordinate the activities of the working group(or Monitoring Committee) established in accor-dance with article VI;

(f) to consider any other matters re-lated to or connected with the pro-motion and co-ordination of co-op-erative projects or activities and events for the purposes of the Agreement as set forth in article 1.

The project committee is no longer valid

Need to consider not only the co-operative projects but the activities and events of RCA.

To be added(g) to set up RCA strategies for the promotion of cooperative projects, or activities and events under this Agreement.

To provide legal binding force and ef -fectiveness to the mid & long term strategy of RCA

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Article II: NRM Revision Remarks

To be added

3. The details of composition, function, Election of Chair, quo-rum, decision making proce-dures of the Meeting of Repre-sentatives shall be defined by the GOR.

Not stipulated in Agreement. To have legitimacy these should be described in Agreement.

To be added

4. the Guideline and Operating program(hereinafter referred to as the "GOR") shall be estab-lished for the promotion of the cooperative projects, or activi-ties and events for the purpose of this Agreement.

Not stipulated in Agreement. Need to be commissioned to subordinate laws by the parent statute. Need to endow power and authority to NRs for enacting GOR.

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Article III: Cooperative project proposal & IAEA and NRM responsibilities

Revision Remarks

1.Any Government Party may submit a written proposal for a co-operative project to the Agency, which shall, upon receipt thereof, notify the other Governments Parties of such proposal.

Any Government Party may submit a written proposal for a co-operative project, or cooperative activities and events to the Agency, which shall, upon receipt thereof, notify the other Governments Parties, Inter-national Organizations, other Gov-ernments and other relevant bodies of such proposal.

Need not to confine only to a co-operative project

Better to enlarge the partnership programmes with many other or-ganizations.

Article VI: Project Committee Revision Remarks

1. There shall be established a project committee for each co-oper-ative project.

1. There shall be established a project committee(a WG, or MC) for the effective implementation of the co-operative projects.

Need to be corrected

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Article VII: IAEA R&R Revision Remarks

To be added

5. There shall be established an of -fice in the region to undertake col-laborative works with Agency's Sec-retariat duties to promote co-oper-ative projects, or activities and events under this Agreement. The details on the establishment and operation of the regional office such as structure, personnel, accounting and budget including rights, privi-leges and immunities that are cus-tomarily accorded to shall be de-cided at the Meeting of Representa-tives and be stipulated by RCA GOR.

To enable RCARO to contribute to promoting RCA visibility and viability by expanding RCA programmes aiming at the preservation of nuclear knowl-edge, the fostering manpower of MSs for the peaceful uses of Nuclear Sci-ence and Technology.

Setting up the ground in the Agreement shall provide RCARO with the stable operation and opportunities to get many partnerships and fund re-sources possible from international organizations, other governments and other relevant bodies.

Article VIII: Funding Revision Remarks

1. …the Agency may invite any Member State other than the Participating Governments or appropriate international organizations to contribute financially…

1. …the Agency and Office in the region may invite any Member State other than the Participating Governments or appropriate international organizations, or any other relevant bodies...

Seeking funding resources is one of the main mission of RCARO

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Article X Revision Remarks

Any Government Party to this Agreement and the Agency may, where appropriate and in consulta-tion with each other, make coopera-tive arrangements with appropriate international organizations for the promotion and development of co-operative projects in the areas cov-ered by this Agreement.

Any Government Party to this Agreement, the Agency and RCARO may, where appropriate and in con-sultation with each other, make co-operative arrangements with appro-priate international organizations, or other relevant bodies ...

Need to provide RCARO with autho-rization to make cooperative ar-rangements with various entities to seek any fund resources available.

Article XII Revision Remarks

Any Member State of the Agency in the area of South Asia, South East Asia and the Pacific or the Far East according to the Statute of the Agency may become a Party to this Agreement by notifying its accep-tance thereof to the Director General of the Agency.

Any Member State of the Agency in the area of South Asia, South East Asia and the Pacific or the Far East, Central Asia according to the Statute of the Agency may become a Party to this Agreement by notifying its ac-ceptance thereof to the Director General of the Agency. The Agency shall, upon receipt thereof, notify all the Government Parties to this Agreement of the date of each noti-fication of the acceptance.

Better open the doors of RCA to many Governments to fulfill the Agreement

Need for the NRs to have opportu-nities to review the entry of MS into Agreement.

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Article XIII Revision Remarks

To be added 4. The entry into force of the amended Agreement, when neces-sary, shall be applied to the proce-dures of, mutatis mutantis, the 1 of this Article.

Need to describe the enactment of the amended Agreement.

Article XIV Revision Remarks

To be added

Article XIV.

Supplementary Provisions

1. RCARO officially opened on 27 March 2002 in Korea by consensus of the MSs at the 23rd National RCA Representatives Meeting(NRM) at Dhaka, Banglasesh in March 2001 and also the 30th RCA General Con-ference Meeting(GCM)in Vienna in September 2001 is deemed as the Regional Office in the region pre-scribed in paragraph 5 of article .Ⅶ2. The existing RCA GOR which was enacted in Sep. 1999 at the National RCA Representatives is considered as being made under this Agreement.

3. RCA cooperative projects, RCA mid term Strategy, and othe RCA activities are regared as done under this Agreement.

Need to give legitimacy and effective-ness to RCA Programs and RCA activi-ties what has been done before the amendment of this Agreement.

CONTENTS

I. Background



IV.Draft Amendment

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Draft Amendment

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Article I

The Governments Parties undertake, in co operation with each other and the Agency, to promote and co-ordinate co-operative research, development and training projects, or activities and events in nuclear science and technology through their appropriate national institutions.

Regional Co-Operative Agreement for Research, Development and Training Related to

Nuclear Science and Technology for Asia and the Pacific WHEREAS it is a function of the International Atomic Energy Agency (hereinafter referred to as the "Agency") to encourage and assist research on, and the development and practical application of, atomic energy for peaceful uses, which function can be fulfilled by furthering co operation among its Member States and by assisting them in their national atomic energy programmes;

WHEREAS the Governments Parties to this Agreement (hereinafter referred to as the "Governments Parties") recognize that, within their national atomic energy programmes, there exist areas of common interest wherein mutual co-operation can promote the more efficient utilization of available resources; and WHEREAS, under the auspices of the Agency, the Governments Parties desire to enter into a Regional Agreement to encourage such co-operative activities;

NOW, THEREFORE, it is agreed as follows:

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Draft Amendment

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Article II .1. There shall be a meeting of representatives of the Governments Parties (hereinafter referred to as the

"Meeting of Representatives") to be convened by the Agency. The Meeting of Representatives shall be held as required and, at least, twice every year; one in the Member State, the other in the Agency. Each representative may be accompanied by alternates, experts and advisers.

2. The Meeting of Representatives shall have the authority:(a) to determine a programme of activities and to establish priorities therefor;(b) to consider and approve the co-operative projects or activities and events proposed in accordance

with paragraph 1 of article III;(c) to review the implementation of the co-operative projects established in accordance with paragraph 2

of article III;(d) to co-ordinate the activities of the project committees established in accordance with article VI;(e) to consider the annual report submitted by the Agency pursuant to paragraph 4 of article VII; and(f) to consider any other matters related to or connected with the promotion and coordination of co-

operative projects for the purposes of this Agreement as set forth in article 1.(g) to set up RCA Strategies for the promotion of cooperative projects, or activities and events under

this Agreement. 3. The details of composition, function, Election of Chair, quorum, decision making procedures of the

Meeting of Representatives shall be defined by the the Guideline and Operating program(hereinafter referred to as the "GOR") .

4. GOR shall be established for the promotion of the cooperative projects, or activities and events for the

purpose of this Agreement.

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Draft Amendment

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Article III .1. Any Government Party may submit a written proposal for a co-operative project, or cooperative activ-ities and events to the Agency, which shall, upon receipt thereof, notify the other Governments Par-ties, International Organizations, other Governments and other relevant bodies of such proposal. The proposal shall specify, in particular, the nature and objectives of the proposed co-operative project and the means of implementing it. At the request of a Government Party, the Agency may assist in the preparation of a proposal for a co-operative project.

2. In approving a co-operative project pursuant to paragraph 2 (b) of article II, the Meeting of Represen-tatives shall specify:

(a) the nature and objectives of the co-operative project;(b) the related programme of research, development and training;(c) the means of implementing the co-operative project and verifying the achievement of project objec-

tives; and(d) other relevant details as deemed appropriate.

Article IV 1. Any Government Party may participate in a co-operative project established in accordance with arti-

cle III, by means of a notification of participation to the Agency, which shall notify the other Govern-ments Parties of such participation.

2. Subject to paragraph 2 of article VII, the implementation of each co-operative project established in accordance with article III may start after receipt by the Agency of the third notification of participa-tion in the co-operative project.

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Draft Amendment

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Article V .1. Each Government participating in a co-operative project in accordance with article IV (hereinafter re-ferred to as "Participating Government") shall implement the portion of the cooperative project as-signed to it in accordance with paragraph 3(b) of article VI. In particular, each Participating Govern-ment, subject to its domestic laws and regulations, shall:(i) make available the necessary scientific and technical facilities and personnel for the implementa-

tion of the co-operative project; and(ii) take all reasonable and appropriate steps for the acceptance of scientists, engineers or technical

experts designated by the other Participating Governments or by the Agency to work at designated installations, and for the assignment of scientists, engineers or technical experts to work at installa-tions designated by the other Participating Governments for the purpose of implementing the co-operative project.

2. Each Participating Government shall submit to the Agency an annual report on the implementation of the portion of the cooperative project assigned to it, including any information it deems appropriate for the purposes of this Agreement.

3. Each Participating Government, subject to its domestic laws and regulations and in accordance with its respective budgetary appropriations, shall contribute, financially or otherwise, to the effective im-plementation of the co-operative project and shall notify annually the Agency of any such contribu-tion.

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Draft Amendment

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Article VI .

1. There shall be established a project committee (or MC) for co-operative projects.

2. The project committee shall consist of one representative from each Participating Government and one representative from the Agency. They may be accompanied by advisers.

3. The functions of the project committee shall be:(a) to determine details for the implementation of each co-operative project in accordance with its ob-

jectives;(b) to establish and amend, as necessary, the portion of the co-operative project to be assigned to each

Participating Government, subject to the consent of that Government;(c) to supervise the implementation of the co-operative project; and(d) to make recommendations to the Participating Governments and to the Agency with respect to the

co-operative project, and to keep under review the implementation of such recommendations.

4. The project committee shall meet as required and, at least, once every year.

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Draft Amendment

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Article VII .1. The Agency shall perform secretariat duties under this Agreement.

2. Subject to available resources, the Agency shall endeavour to support co-operative projects established in accordance with article III by means of technical assistance and its other programmes. Any such assistance shall be provided, mu-tatis mutandis, in accordance with the principles, rules and procedures governing the provision of technical assistance by the Agency.

3. On the basis of recommendations made by the project committee for a co-operative project pursuant to paragraph 3(d) of article VI and in consultation with the project committee, the Agency shall:(a) establish annually a schedule of work and modalities for the implementation of the co-operative project;(b) allocate among the Participating Governments the contributions made in accordance with paragraph 3 of article V

and paragraph 1 of article VIII;(c) consider the annual reports submitted by the Participating Governments on the implementation of their portions of

the co-operative project pursuant to paragraph 2 of article V;(d) assist the Participating Governments in the exchange of information and in compiling, publishing and distributing

reports on the co-operative project, as appropriate; and(e) provide scientific and administrative support for the meetings of the project committee.

4. On the basis of the annual reports submitted by the Participating Governments pursuant to paragraph 2 of Article V and in consultation with them, the Agency shall prepare annually an overall report on the activities carried out under this Agreement, with particular reference to the implementation of the co-operative projects established in accordance with Article III, and submit it to the Meeting of Representatives.

5. There shall be established an office in the region to undertake collaborative works with Agency's Secretariat duties to promote co-operative projects, or activities and events under this Agreement. The details on the establishment and op-eration of the regional office such as structure, personnel, accounting and budget including rights, privileges and im-munities that are customarily accorded to shall be decided at the Meeting of Representatives and be stipulated by RCA GOR.

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Draft Amendment

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Article VIII.1. With the consent of the Meeting of Representatives, the Agency and RCARO 　 may invite any

Member 　 State 　 other 　 than 　 the 　 Participating 　 Governments 　 or 　 appropriate 　international 　 organizations, or any other relevant bodies, 　 to 　 contribute 　 financially 　or 　 otherwise 　 to, 　 or 　 to 　 participate 　 in, 　 a 　 co-operative 　 project. 　 The 　Agency 　 shall 　 inform 　 the 　 Participating 　 Governments 　 of 　 any 　 such 　 contri-butions 　 or 　 participation.

2. 2. The Agency shall administer the contributions made pursuant to paragraph 3 of article V and paragraph 1 of this Article for the purposes of this Agreement, in accordance with its financial regu-lations and other applicable rules. The agency shall keep separate records and accounts for each such contribution.

Article IX 1. In accordance with its applicable laws and regulations, each Government Party shall ensure that the

Agency's safety standards and measures relevant to a co-operative project are applied to its imple-mentation.

2. Each Government Party undertakes that any assistance provided to it under this Agreement shall be used only for peaceful purposes, in accordance with the Statute of the Agency.

3. Neither the Agency nor any Government or appropriate international organization making contribu-tions pursuant to paragraph 3 of article V or paragraph 1 of article VIII shall be held responsible to-wards the Participating Governments or any person claiming through them for the safe implementa-tion of a co-operative project.

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Draft Amendment

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Article X

Any Government Party to this Agreement and the Agency may, where appropriate and in consultation with each other, make cooperative arrangements with appropriate international organizations for the promotion and development of co-operative projects in the areas covered by this Agreement.

Article XI.Any dispute which may arise with respect to the interpretation or application of this Agreement shall be settled through consultations between the parties concerned, with a view to the settlement of the dispute by negotiation or by any other peaceful means of settling disputes acceptable to them.

Article XII

Any Member State of the Agency in the area of South Asia, South East Asia and the Pacific or the Far East, or Central Asia according to the Statute of the Agency may become a Party to this Agree-ment by notifying its acceptance thereof to the Director General of the Agency. The Agency shall, upon receipt thereof, notify all the Government Parties to this Agreement of the date of each notifica-tion of the acceptance.

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Draft Amendment

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Article XIII .

1. This Agreement shall enter into force upon receipt by the Director General of the Agency of the second notification of acceptance in accordance with article XII. In the event such notification is re-ceived by the Director General of the Agency prior to the expiration of the Regional Co-operative Agreement for Research, Development and Training Related to Nuclear Science and Technology of 1972, as extended in 1977, 1982, 1987, 1992 and 1997, this Agreement shall enter into force on the date of expiration of the said Agreement. With respect to Governments accepting this Agreement thereafter, it shall enter into force on the date of receipt by the Director General of the Agency of the notification of such acceptance.

2. This Agreement shall continue in force for a period of five years from the date of its entry into force.

3. The co-operative projects established under the Regional Cooperative Agreement for Research, De-velopment and Training Related to Nuclear Science and Technology of 1972, as extended in 1977, 1982, 1987, 1992 1997, 2002, 2007 and in 2012 which are being implemented as of the date of en-try into force of this Agreement, shall be considered as co-operative projects under this Agreement.

4. The entry into force of the amended Agreement, when necessary, shall be applied to the procedures of, mutatis mutantis, the 1 of this Article.

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Draft Amendment

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Article XIV.

Supplementary Provisions

1. RCARO officilally opened on 27 March 2002 in Korea by consensus of the MSs at the 23rd National RCA Representatives Meeting(NRM) at Dhaka, Banglasesh in March 2001 and also the 30th RCA Gen-eral Conference Meeting(GCM)in Vienna in September 2001 is deemed as the Regional Office in the region prescribed in pa.ragraph 5 of article .Ⅶ

2. The existing RCA GOR which was enacted in Sep. 1999 at the National RCA Representatives is con-sidered as being made under this Agreement.

3. RCA cooperative projects, RCA mid term Strategy, and othe RCA activities are regared as done under this Agreement.

Thank You

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review of the rca agreement

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