Declaration by India and France on the Development of Nuclear Energy for Peaceful Purposes (20-02-2006)

India and France recalling their deep ties of friendship and co-operation and the importance of the Strategic Dialogue established between them in January 1998 recognize that nuclear energy provides a safe, environmental friendly and sustainable source of energy. They underline the need to further develop international co-operation in promoting the use of nuclear energy for peaceful purposes. They believe that nuclear energy will provide an indispensable source of energy to future generations.

India and France consider that proliferation of nuclear, chemical and biological weapons as well as their means of delivery, constitutes a threat to international peace and security. They share common concerns and objectives in the field of non-proliferation of weapons of mass destruction and their means of delivery including in view of possible linkages with terrorism.

India and France recall their past exchanges on civilian nuclear energy. They stress with satisfaction the development since the creation of the Strategic Dialogue of a fruitful bilateral dialogue on civil nuclear co-operation and on nuclear safety and in accordance with their respective international obligations and commitments the joint projects that are taking place as a result of this dialogue.

They recall that the joint statement issued by the President of the Republic of France and the Prime Minister of the Republic of India on 12 September, 2005 stated that India and France would work towards the conclusion of a bilateral nuclear co-operation agreement. India and France affirm their willingness to further develop their co-operation in the use of nuclear energy exclusively for peaceful purposes under that agreement including in nuclear power generation with a view to achieving sustainable development.

India and France recall the framework of the bilateral working group on Energy established in January 1998 of the France-India Joint Committee for Atomic Energy created by the 16 September, 2002 MoU signed between AEC (Atomic Energy Commission), India and CEA (Commissariat a l’Energie Atomique), France and of the dialogue between their Nuclear Safety Authorities launched by the 29 July, 1999 Arrangement renewed by the 24 October, 2005 Arrangement between AERB (Atomic Energy Regulatory Board), India and DGSNR (Direction Generale de la Surete Nucleaire et de la Radioprotection), France. They express their willingness to expand and strengthen their bilateral dialogue on peaceful uses of nuclear energy.

In accordance with the principles governing their respective nuclear policies, India and France confirm that they are engaging in discussions to conclude a bilateral co-operation agreement on the development of nuclear energy for peaceful purposes subject to their respective international commitments and obligations. India and France look forward to adjustment of international civil nuclear co-operation framework with respect to India and confirm their intention to work to that end so that the agreement can be implemented fully.

In this respect, India and France share the same understanding of the following:

1. Co-operation under the future agreement may cover the following areas: basic and applied research not requiring the supply of uranium enriched to twenty (20) percent or greater in the isotope U235, development and use of nuclear energy applications in the fields of agronomy, biology, earth sciences and medicine and in industry, application of nuclear energy to power generation, including setting up of power projects, nuclear fuel management, nuclear waste management, nuclear safety, radioprotection and environmental protection, prevention of and response to emergency situations resulting from radioactive or nuclear accidents, public awareness and acceptance of the benefits of the use of nuclear energy exclusively for peaceful purposes and in any other field as jointly agreed by the Parties to that agreement.
2. Co-operation under the future agreement may take the following forms: exchange and training of scientific and technical staff, exchange of scientific and technical information, participation by scientific and technical staff of one Party in research and development activities conducted by the other Party, joint conduct of research and engineering activities including joint research and experimentation (that is to say for which the two Parties are providing equivalent resources), organization of scientific and technical conferences and symposiums, provision of material, nuclear material, equipment, technology, facilities and services, consultations and co-operation in relevant international fora and any other form of co-operation jointly agreed by the Parties to that agreement.
3. Agreements already signed between the concerned institutions of both countries such as DAE (Department of Atomic Energy) and CEA, BARC (Bhabha Atomic Research Centre) and IRSN (Institut de Radioprotection et de Surete Nucleaire), AERB and DGSNR in the field of atomic energy will become a part of this framework agreement and will continue to be implemented as at present.
4. India and France will ensure that co-operation pursuant to the future agreement shall be exclusively for peaceful purposes and covered where applicable by appropriate safeguards agreements with the IAEA. The co-operation agreement and as appropriate, subsequent specific agreements will also address issues relating to inter alia confidentiality of information, third party nuclear liability, intellectual property, measures relating to physical protection and retransfers to third States.

Done at New Delhi on this twentieth day of February 2006 in English and French languages.

For the Republic of India: Dr. Anil Kakodkar, Chairman, Atomic Energy Commission

For the French Republic: Mr. Philippe Douste-Blazy, Minister of Foreign Affairs