MEMORANDUM OF UNDERSTANDING BETWEEN THE MINISTRY OF ENERGY OF ROMANIA AND THE DEPARTMENT OF NATURAL RESOURCES OF CANADA CONCERNING STRENGTHENING THE COOPERATION IN THE FIELD OF CIVIL NUCLEAR ENERGY

THE MINISTRY OF ENERGY OF ROMANIA (“ME”) AND THE DEPARTMENT OF NATURAL RESOURCES OF CANADA (“NRCAN”) hereinafter referred to as the “Participants”,

CONSIDERING that ME is a government structure of Romania which is responsible for strategic policy and regulation in the energy sector. ME leads on nuclear policy as part of national energy and climate change policy. ME is the majority shareholder of National Company Nuclearelectrica (SNN), the sole nuclear power producer in Romania, and the operator of Cernavoda nuclear power plant,  and coordinates the Nuclear and Radioactive Waste Agency, the national competent authority in the national coordination of activities field for the safe management of radioactive waste and spent nuclear fuel and has under its authority Regia Autonomă Tehnologii pentru Energia Nucleara (RATEN - State Company Technologies for Nuclear Energy), the technical support organisation for the nuclear national programme, and main institution which will implement the cooperative nuclear energy research;

CONSIDERING that NRCan is a Department of the government of Canada which works to ensure that Canada’s natural resources are developed sustainably, providing a source of jobs, prosperity and opportunity, while preserving the environment and respecting its communities and Indigenous peoples. NRCan can draw on Canada’s significant experience as a global leader in nuclear energy and nuclear safety and security, the Canadian nuclear industry’s reputation for delivering projects on time and on budget. Additional partners include the Department of Foreign Affairs, Trade and Development and, a department of the government of Canada whose mandate includes negotiating preferential market access and strengthening Canada’s overall trade and investment relationships and Crown Corporations;

CONSIDERING that Romania and Canada have expressed their mutual interest in strengthening and further development of cooperation on nuclear energy projects;

CONSIDERING that Romania is a Member State of the European Union and of the European Atomic Energy Community (EURATOM) and is party to the Treaty on European Union, done at Maastricht on 7 February 1992 (TEU), the Treaty on the Functioning of the European Union, done at Rome on 25 March 1957 (TFEU) and of the Treaty establishing the European Atomic Energy Community, done at Rome on 25 March 1957 (EURATOM Treaty);

CONSIDERING the Nuclear Cooperation Agreements (hereinafter “NCAs”) between the Government of Canada (“Canada”) and the Government of Romania (“ Romania”) as outlined in the Agreement between the Government of Canada and the Government of the Socialist Republic of Romania for Co-operation in the Development and Application of Atomic Energy for Peaceful Purposes, done at Ottawa, on 24 October 1977, as amended and supplemented by the Protocol between the Government of Canada and the Government of Romania Supplementing the Agreement between the Government of the Socialist Republic of Romania and the Government of Canada for Cooperation in the Development and Application of Atomic Energy for Peaceful Purposes, done at Bucharest on 31 July 2015;

CONSIDERING that Romania has ratified the Agreement between the Government of Romania and the Government of the United States of America on Cooperation Towards the Cernavoda Nuclear Power Projects and the Civil Nuclear Power Sector in Romania, on December 4, 2020;

SHARING a vision of decarbonizing their electricity systems, including the ambition of reaching net-zero emissions by 2050;

Wishing to  recognise that Romania is seeking cooperation with partners, including Canada, for the upcoming Cernavoda nuclear power plant. Information sharing among partners under the auspices of government to government agreements will encourage more efficient and transparent cooperation;

Wishing to strengthen Canada and Romania’s cooperation on nuclear energy, as Canadian industry is uniquely experienced on CANDU projects and has a proven track record of delivering refurbishment and new CANDU units construction projects on budget and on time;

Wishing to explore the extent of developing export measures between Canada and Romania to facilitate the refurbishment and new nuclear builds at Romania’s Cernavoda nuclear power plant;

Wishing to develop existing initiatives to encourage greater partnerships between Canadian and Romanian nuclear industries, especially partnerships between small and medium sized enterprises;

Wishing to provide a framework for them to further cooperate on the Cernavoda nuclear power projects as well as on other projects and endeavours in the field of civil nuclear energy;    

Have reached the following understanding:

1. OBJECTIVE

The objective of this Memorandum of Understanding (MOU) is to strengthen and develop the existing bilateral framework for cooperation between the Participants concerning nuclear energy projects, programmes, research and development, and policies aimed at sustainable development of civilian nuclear energy and its applications.

2.    AREAS OF COOPERATION

The Participants will encourage and facilitate closer relationships between relevant government agencies, intermediaries, independent regulatory authorities, research laboratories, academic and financial institutions, and the public and/or private sector enterprises of their respective countries to cooperate in the civil nuclear energy and science and technology sectors, with the understanding that areas of cooperation may include projects, programmes, and policies of mutual interest, where appropriate, related to the following:

1. CANDU: Establishing cooperation on refurbishments and new builds, construction, maintenance, operation, waste and decommissioning. This may include exploring opportunities in both countries related to new and existing civil nuclear facilities. This includes, but is not limited to the design, engineering, licensing, construction, investment, safety, security and environment protection and equipment, operation, management, maintenance, radioactive waste management, and decommissioning of nuclear installations. This includes the identification of best practices in safe and efficient operation of nuclear facilities and cost-effective decommissioning and waste management capabilities and practices.
2. Small Modular Reactors (SMRs): Initiating discussions on cooperation in areas including, but not limited to: SMR policy work, market analysis, and feasibility analysis to support future deployment.
3. Detritiation: Cooperating for peaceful use, development and application of tritium, tritium related equipment and technology, for tritium produced, processed, including tritium from detritiation.
4. Supply Chain Integration: Exploring opportunities to increase cooperation and integration of the nuclear supply chain including, for example, uranium, exchange of goods and services, engineering, maintenance, manufacturing, and cooperation between nuclear operators, industry, and the civil nuclear sector. In addition, exploring opportunities for cooperation on policy frameworks that will help strengthen the domestic nuclear supply chain in Romania to enhance self-sufficiency and realize greater economic benefits from the life extension and longer term operation of Cernavoda Units 1 and 2 and the construction and operation of Cernavoda Units 3 and 4;
5. Workforce skills: Continuing the partnership and cooperation between the relevant companies in their countries to meet the growing demand for highly skilled, mobile and adaptable workforce, in line with the current and future needs from the energy field and the decrease of the climate change. These may include academic institutions, manufacturers, operators and other industry organizations;
6. Research and Development: Pursuing research and development priorities, including short-term mission-oriented research and development and long-term, underlying, and exploratory research and development. This may include: 
   1. approaches to nuclear knowledge management, including strategies for research and development capability maintenance and the role of research and development in knowledge preservation and enhancement;
   2. development of public communications as key inputs into the development of research and development priorities; and
   3. cooperation on joint projects for research and development and exchanging of results from projects of common interest, including exchange of proprietary information, under the conditions and in compliance with the requirements outlined in this MOU;
   4. expansion of cooperation between the Canadian and Romanian nuclear research organizations in developing new technologies, diagnostic tools and maintenance systems in materials, corrosion, and other degradation mechanisms to ensure long term safe operation of CANDU units in both countries.
7. Radioactive Waste Management: Expanding cooperation between Canadian and Romanian radioactive waste management agencies to help ensure that best nuclear waste management practices are deployed in both countries;  
8.  Medical Isotopes: Expanding cooperation in the research, production and delivery of a range of new medical isotopes for which CANDU technology is uniquely suited and which provide health benefits in both countries and beyond;   
9. Hydrogen: Initiating cooperation in the production of low-carbon intensive hydrogen to store excess elecricity produced by wind, solar and nuclear and explore the use of low-carbon intensive hydrogen in a variety of industrial, agricultural, and transportation applications that lead to GHG-emission reduction and climate change decrease;     
10. Diversity and Inclusion: Initiating cooperation on Diversity and Inclusion in the nuclear industry including development of policies and strategies to attract and retain skilled nuclear workers in both countries;     
11. Nuclear Energy and Climate Change Policies and Nuclear Energy Policies of Mutual Interest: Exploring civil nuclear policy areas of mutual interest including, for example, the role of nuclear in mitigating climate change, the integration of nuclear energy with renewables, civil nuclear safety, security and environmental protection, radioactive waste management, civil nuclear liability, and public interactions;
12. Other areas of civil nuclear energy as they may mutually decide upon in writing;

4. FORMS OF COOPERATION

1. The Participants understand that cooperation may take the following forms, where appropriate and of mutual interest:
   1. Between Governments:
      1. Cooperating bilaterally, including through exchanges between governmental representatives related to information on energy policy, international trends/ best practices and other issues of common interest on civilian nuclear energy. This may also include establishing meetings of various forms (e.g. workshops, trade missions, working groups, etc.) to discuss and exchange information on social, technical, licensing and regulation, and trade of general or specific subjects in the areas listed above, and to identify additional collaborative actions which may be usefully carried out;
      2. Establishing bilateral and/or multilateral relationships with third countries in the area of civil nuclear energy, as applicable to terms of this MoU.
      3. In addition to the discussions that began in 2020 with Export Development Canada (EDC) and the Canadian Commercial Corporation (CCC),  establishing  a Government to Government discussion to share information on financing requirements for Cernavoda 3 and 4 reactors and the Refurbishment Project Unit 1 CNE Cernavoda.
      4. Establishing a plurilateral Government to Government discussions involving current countries or future countries that may participate in a joint implementation of Cernavoda projects 3 and 4. 
   2. Trade and Investment:
      1. Initiating a dialogue on encouraging Canadian and Romanian industries to leverage the market access and other benefits available to them under the Canada-European Union Comprehensive Economic and Trade Agreement (CETA) towards realizing the refurbishment and new builds at Cernavoda nuclear power plant.
   3. Business to Business:
      1. Encouraging Canadian and Romanian enterprises to develop mutually beneficial commercial partnerships in the uranium and nuclear energy fields.
      2. Supporting cooperation in the civil nuclear energy sector in their respective countries by providing information and guidance regarding their national law and procurement procedures relevant to any specific investment project including but not restricted to licensing and design certification requirements.
      3. Deepening industry partnerships by organizing and delivering at least one trade mission event annually (in person or virtually), to encourage greater business to business partnerships in the nuclear energy and related goods and services sectors, and to foster two-way trade and third market exports. 
      4. Mutual supporting each other   in the development of trade and third country partnerships in the field of civil nuclear energy, in accordance with this MOU.
   4. Research and Development:
      1. Lab to Lab: exchanging and providing information and data on science and technology activities and developments, practices and results, and on programmes, policies and plans including exchange of proprietary information. This may also include developing joint studies, projects or experiments.
      2. CANDU Owner’s Group (COG) (Owners/operators of CANDU type nuclear units): deepening the existing relationship between Canada, Romania, and other COG members to facilitate information sharing and the deployment of CANDU technology.
      3. Universities: highlighting opportunities for the exchange of information, research, best practices and joint initiatives in education and training, research between Canadian and Romanian universities in the area of civil nuclear energy.
      4. Nuclear Operators: exchanging information related to the safety and security of manufacturing, operation, maintenance refurbishment, and decommissioning of nuclear reactors, particularly as it relates to the current projects at the Cernavoda nuclear power plant.
   5. other specific forms of cooperation they may mutually decide upon in writing.
2. The Participants will cooperate in accordance with their respective national law and other requirements, including the provisions of the NCA.

5. COSTS

1. Unless they jointly decide otherwise, the Participant will each bear the costs they respectively incur under this MOU.
2. The Participants understand that this MOU does not commit them to financially support any activity carried out under it.
3. The Participants may explore, on a case-by-case basis, options to provide financial and technical resources to support any cooperation pursuant to this MOU.

6. WORK PLAN

The Participants will jointly establish an annual work plan which they will review annually in order to follow-up on activities taking place under this MOU and to identify new opportunities for cooperation.

7. CONFIDENTIALITY OF INFORMATION

1. The Participants will treat as confidential information provided by the other Participant under this MOU and marked as confidential.
2. The Participants will not divulge to any third parties any confidential or proprietary information received under this MOU from the other Participant, without the other Participant’s prior written consent unless required by law.

8. INTELLECTUAL PROPERTY

If there are any intellectual property arising from the application of this MOU, the Participants will address them in a separate and appropriate instrument. 

9. POINT OF CONTACT FOR THE PARTICIPANTS

1. The Participants designate the following as their respective points of contact:

   (i) For ME: Director General Energy Policies and Green Deal Department Str. Academiei, nr. 39-41, sector 1, Bucharest, Romania, 010013 Tel Email:

   (ii) For NRCan: Director General Electricity Resources Branch 580 Booth Street, Ottawa, Ontario, Canada, K1A 0E4 Tel: Email:

2. The Participants may change their point of contact by giving a written notice to the other Participant.

10. DIFFERENCE IN INTERPRETATION AND APPLICATION

The Participants will resolve any difference in the application or interpretation of this MOU by consultations.

11. STATUS

This MOU is not legally binding.

12. FINAL DISPOSITIONS

1. This MOU will take effect on the date of its last signature by the Participants.
2. The Participants may amend this MOU upon their mutual written consent.
3. Either Participant may terminate this MOU by giving a three (3) months written notice to the other Participant.
4. The Participants may terminate this MOU upon their mutual written consent.

Signed in duplicate at empty location line__________ on this empty day line__________ day of empty month line__________ empty year line__________, and at Bucharest on empty date line__________ in the English, French and Romanian languages, each version being equally valid.

signature line________________________________ For Ministry of Energy of Romania

signature line_______________________________ For the Department of Natural Resources