title: PROGETTO DI DECISIONE DEL CONSIGLIO RIGUARDANTE UNA DIRETTIVA ALLA COMMISSIONE IN MERITO ALLA PARTECIPAZIONE DELLA CEEA A DUE ACCORDI DI RICERCA E DI SVILUPPO NEL SETTORE DELLA FUSIONE TERMONUCLEARE CONTROLLATA PREPARATI SOTTO L'EGIDA DELL'AGENZIA INTERNAZIONALE DELL'ENERGIA (OCSE)#PROGETTO DI DECISIONE DEL CONSIGLIO CHE APPROVA 1. L'ACCORDO DI ESECUZIONE PER UN PROGRAMMA DI RICERCA E SVILUPPO SULL'INTERAZIONE TRA PLASMA E PARETI DI CONTENIMENTO IN TEXTOR ; 2. L'ACCORDO DI ESECUZIONE PER UN PROGRAMMA DI RICERCA E SVILUPPO SUI MAGNETI SUPERCONDUTTORI PER CENTRALI A FUSIONE (presentata dalla Commissione al Consiglia)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (77) 439
Vol. 1977/0140
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak---            COMMISSIONE DELLE COMUNITÀ EUROPEE
                                                       COM ( 77 ) 439 def .
                                                       Bruxelles - 20 settembre 1977
                                      PROGETTO DI
                               DECISIONE DEL CONSIGLIO
             RIGUARDANTE UNA DIRETTIVA ALLA COMMISSIONE IN MERITO ALLA
       PARTECIPAZIONE DELLA CEEA A DUE ACCORDI    DI RICERCA E DI SVILUPPO
          NEL SETTORE DELLA   FUSIONE TERMONUCLEARE CONTROLLATA PREPARATI
          SOTTO L' EGIDA DELL' AGENZIA INTERNAZIONALE DELL' ENERGIA ( OCSE )
                  PROGETTO DI  DECISIONE DEL CONSIGLIO CHE APPROVA
   1 . L' ACCORDO DI ESECUZIONE PER UN PROGRAMMA DI RICERCA E SVILUPPO SUL
          L' INTERAZIONE TRA PLASMA E PARETI DI CONTENIMENTO IN TEXTOR ;
   2 . L' ACCORDO DI ESECUZIONE PER UN PROGRAMMA DI RICERCA E SVILUPPO SUI
                  MAGNETI SUPERCONDUTTORI PER CENTRALI A FUSIONE
                                                                                .    !.. :
                                                                           V      •
                                                                      A\/
                                                                      A"-?
                       ( presentata dalla Commissione al Consiglia^
                                                                      - Cv             ;/      N
                                                                                v.
C0MC77 ) 439 def                                                             * / ' /*•
                                                                                7       !
 ---pagebreak---                                       -4-
                    COKTOTICmOSB DELLA COMMISSIONE AL CONSIGLIO
                                                                         ν
1 . Il 24 giugno e il 6 luglio 197° è stato concluso un accordo , sotto forma
    di scambio di lettere fra la Comunità europea dell' energia atomica (Euratom)
    e la Comunità economica europea , da un parte , e l' Agenzia internazionale "
    dell' energia (AIE ), dall' altra , relativo alla cooperazione nel settore
    della ricerca e dello sviluppo in campo energetico .
    Nello scambio di lettere le Comunità europee precisano la loro intenzione
    di negoziare , di volta in volta , la loro partecipazione ad accordi di
    esecuzione preparati nel quadro dell 'AIE quando tale collaborazione possa
    contribuire al conseguimento degli obiettivi di ricerca e di sviluppo
    della Comunità . Da parte sua l' AIE ha preso atto di questa intenzione ed
    ha confermato che le Comunità europee possono partecipare a detti accordi .
    In base all' accordo di cui allo scambio di lettere sono stati conclusi :
    - un accordo di esecuzione per lo scambio di informazioni tecniche sulle
        attività di ricerca e sviluppo riguardanti la sicurezza dei reattori ;
    - un accordo di esecuzione per un programma di ricerca e sviluppo , da svol
        gere in cooperazione , concernente la costruzione di una sorgente intensa
        di neutroni ;
    - un accordo di esecuzione per un programma inteso a sviluppare e sperimen
        tare sistemi di riscaldamento e di raffreddamento solari ( l ).
    Sono inoltre in corso i negoziati finali per la partecipazione della Comu
    nità ad un accordo di esecuzione per un programma di ricerca e di sviluppo
    nel settore della produzione dell' idrogeno dall' acqua .
2 . Nel quadro di questo programma di fusione termonucleare controllata nel
    quale la Commissione avrà la funzione di "organizzazione pilota", l' AIE
    propone ai suoi membri e ali 'Euratom la conclusione di due nuovi accordi di
    esecuzione . Si tratta di :
    a ) un accordo di esecuzione per un programma di ricerca e di sviluppo sul
          l' interazione tra plasma e parete di contenimento in Textor ;
    b ) un accordo di esecuzione per un programma di ricerca e di sviluppo sui
          magneti superconduttori per centrali a fusione .
    Si allegalo i testi di entrambi gli accordi e i relativi allegati concernenti
    i compiti ( cfr . allegato A e allegato B ).
     ( l ) Firma imminente
 ---pagebreak---                                          - %■ -                         ■_        . :
3 . La Commissione ritiene che la p .jrtecipazione della Comunità europea dell' energia
    atomica a questi due accordi di esecuzione può contribuire al raggiungimento degli
                                                                                V.
    obiettivi comunitari di ricerca e di sviluppo nel settore . Gli interessi comunita
    ri nei due accordi di esecuzione possono essere cosi' riassunti .
    a) Lavori di ricerca e sviluppo sull' interazione tra plasma e parete di
        contenimento jn Textor
        Nei reattori a fusione il grado di interazione tra plasma e la parete di conte
        nimento assume un' importanza fondamentale negli esperimenti di fusione attualmen
        te condotti in quanto la contaminazione del plasma deve essere contenuta entro
        livelli accettabilmente bassi anche se aumentando la temperatura del plasma e la
        durata delle operazioni si ha un' erosione delle pareti . E' necessario pertanto
        sviluppare mezzi atti a ridurre considerevolmente gli effetti dell' interazione
        tra il plasma e la parete di contenimento .
        Uno di tali mezzi consiste nel costruire e rendere operativo un tokamak sufficien-
        temente grande e appositamente progettato , equipaggiato di strumenti di rilevamen
        to sofisticati e sensibili e il oui contenitore a vuoto interno possa essere so
        stituito con facilità .
        Il "Textor", che presenti queste caratteristiche , verrà costruito e messo in fun
        zione nel quadro del programma fusione Euratom dall' associazione Euratom-KFA. Il
        suo valore aumenterebbe notevolmente qualora, grazie a una collaborazione inter
        nazionale , altri associati contribuissero ai lavori fornendo pareti interne di
        altro tipo ottimizzate sulla base della loro esperienza e mettendo a disposizione
        degli esperti durante le fasi di costruzione e di funzionamento .
    b ) Lavori di ricerca e di sviluppo su magneti superconduttori per centrali a fusione
        E' molto probabile che i futuri reattori a fusione del tipo a confinamento magne
        tico toro idaile vengano equipaggiati con bobine superconduttrici . In teoria esiste
        già la tecnologia che non ha però ancora raggiunto un grado di sviluppo tale da
        consentire l' immediata fabbricazione di bobine di grandi dimensioni atte a garan
        tire un funzionamento sicuro nelle condizioni al contorno richieste .
        E' quindi importante sviluppare questa tecnologia perché sia disponibile per la
        nuova generazione di reattori sperimentali a fusione , dopo il JET , il TPTR o il
        JET-60 . A tale scopo è necessario non soltanto costruire una bobina supercondut-
        trice di dimensioni sufficientemente grandi ma anche , perché le prove siano sod
        disfacenti , un sistema toroidale di almeno 4 o 6 bobine ed un' attrezzatura in
        grado di bilanciare le notevoli forze di interazione che si sviluppano .
                                                                                • • •/• • •
 ---pagebreak---     Il presente accordo di esecuzione offre tali possibilità . Ogni parte
    cipante fornisce almeno una bobina , in modo che si possa costituire
    un gruppo toroidale completo di sei bobine » Pertanto , per quanto ri
    guarda la Comunità , col costo di una sola bobina si fruisce dei van
    taggi offerti da un gruppo toroidale di più bobine . Oltre alle proprie
    bobine l' USERDA , quale responsabile della gestione , fornirà a proprie
    spese anche l' attrezzatura principale di prova delle bobine , necessaria
    per una sperimentazione appropriata .
Negli allegati relativi ai compiti sono precisati gli oneri finanziari
di partecipazione per ciascuno degli accordi di esecuzione .
Non essendo stato proposto alcun finanziamento comune , ogni partecipante
contribuirà svolgendo un compito e sostenendone le spese . Per quanto ri
guarda l' Euri .toni , poiché il suo contributo sarà comunque rappresentato
dai lavori eseguiti per i contratti di associazione già conclusi non        si
prevedono ulteriori oneri finanziari . Nel caso dell' accordo di esecuzione
sull' interazione tra il plasma e la parete di contenimento il contributo
Euratom consisterà nei lavori svolti nel quadro del contratto di associazione
tra l 'Euratom e il Kemforschungsaoilage Julich GmbH (KFA ) e nel caso del
l' accordo di esecuzione sui magneti superconduttori , nell' ambito del con
tratto di associazione tra 1 'Euratom e il Max Planck Institut fur Plasraaphysik
( IPP ).
In merito alle disposizioni relative alle informazioni e alla proprietà
intellettuale è noto che durante i negoziati per l' accordo sulla produzione
dell' idrogeno la Commissione ha assunto la seguente posizione : se un accordo
al quale la Comunità intende partecipare prevede uno scambio di licenze in
dustriali e commerciali , gli Stati membri , persone e imprese della Comunità ,
debbono poterne trarre beneficio .
Nel caso dell' idrogeno , questo problema non si pone poiché lo scambio di
licenze è stato limitato ai lavori di ricerca e sviluppo e all' esecuzione dei
compiti previsti nell' accordo . Nel settore della fusione , per lo scambio
di licenze industriali e commerciali è stata accettata la posizione della
Commissione considerato che il programma della Comunità e quelli degli Stati
membri sono svolti in comune e che la Commissione firmerà tali acoordi non
soltanto a nome della Comunità ma anche a nome dei suoi associati .
La Commissione ha partecipato alla preparazione di questi due progetti di
accordi di esecuzione nel quadro della Fusion Power Coordinating Committee
(PPCC ) dell' AIE in stretta collaborazione con gli associati al programma
 ---pagebreak---                                     - if-
    Euratom di fusione termonuoleare e in particolare oon i due assooiati
    più direttamente interessati , il KFA e l' IPP .
    Tutti gli associati si sono dichiarati d' aocordo sul fatto che sia l' EuratQm
                                                                                Λ
    a concludere i due accordi di esecuzione .
    Come è avvenuto per l' accordo di esecuzione relativo alla costruzione di
    una sorgente intensa di neutroni , che non è stato firmato dagli Stati
    membri ma dalla Commissione tramite l' Euratom , gli Stati membri non do
    vrebbero firmare tali accordi ; infatti , considerato che tutte le ricerche
    dei nove Stati membri nel settore della fusione termonucleare controllate
    vengono svolte su base comunitaria , accordi di cooperazione internazionale
    di questo tipo devono essere conclusi dalla Comunità .
7 . Qualora il Consiglio ritenga , al pari della Commissione , che la CEEA abbia
    interesse a partecipare a questi due accordi di esecuzione e che i testi
    proposti siano accettabili , la Commissione propone che la partecipazione
    venga negoziata e conclusa in conformità dell' articolo 101 , secondo comma ,
    del trattato Euratom .
    Data l' urgenza ( la cerimonia della firma è prevista per il 5 ottobre 1977
    a Parigi , nel corso della riunione ministeriale del comitato direttivo
    dell 'AIE ), la Commissione propone al Consiglio di prendere contemporaneamente
    una decisione in merito alle direttive da impartire per la negoziazione
    di una partecipazione dell 'Euratom a tale accordo e una decisione che approvi
    l' accordo stesso .
8 . La Commissione propone quindi al Consiglio :
    a) di prendere una decisione in merito alle direttive da impartire alla
        Commissione , come messo in evidenza nel progetto di allegato C ;
    b ) di prendere contemporaneamente una decisione ( allegato D ) che approvi
        la conclusione degli accordi di esecuzione negoziati sulla base delle
        direttive di cui al punto a) .
                                                                          • • •/• • •
 ---pagebreak---                                       -Λ-
                                                  •Α^ΟΚΙΏΧ ί\
                                          10th Augusî, 1977
          INTERNATIONAL ENERGY AGENCY
                               m
IMPLEMENTING AGREEMENT
  FOR A PROGRAMME OF RESEARCH
AND DEVELOPMENT ON PLASMA WALL
         INTERACTION IN TEXTOR
                     TABLE OF CONTENTS
    PSEAMSLE                                  1
                               ARTICLE 1
    OBJECTIVES                               2
                               ARTICLE 2
    THE EXECUTIVE COMMITTEE                 2
                              ARTICLE 3
    THE OPERATING AGENT                     4
                              ARTICLE 4
    ADMINISTRATION AND STAFF               4
                              ARTICLE 5
    FINANCE                                5
                              ARTICLE 6
    INFORMATION AND INTELLECTUAL PROPERTY  '
 ---pagebreak---                          Article 7
LEGAL RESPONSIBILITY                              8
                         ARTICLE 8
LEGISLATIVE PROVISIONS                           8
                         ARTICLE 9
ADMISSION AND WITHDRAWAL OF CONTRACTING PARTIES  9
                        ARTICLE 10
FINAL PROVISIONS                                10
                         ANNEX
PLASMA WALL INTERACTION IN TEXTOR               12
                                                      ι
                                                      5
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 ---pagebreak---                        INTERNATIONAL ENERGY AGENCY
         IMPLEMENTING AGREEMENT
             FOR A PROGRAMME OF RESEARCH
        AND DEVELOPMENT ON PLASMA WALL
                      INTERACTION IN TEXTOR
           The Contracting Parties
          CONSIDERING that the Contracting Parties, being either governments or inter
national organisations or parties designated by their respective governments pursuant to
Article III of the Guiding Principles for Co-operation in the Field of Energy Research
and Development adopted by the Governing Board of the International Energy Agency
(the "Agency") on 28th July, 1975, wish to take part in the establishment and operrvjfcn
of a Programme of Research and Development on Plasma Wall Interaction in TEXTOR
(the "Programme") as provided in this Agreement;
          CONSIDERING that the Contracting Parties which are governments and the
governments of the other Contracting Parties (referred to collectively as the "Govern
ments") participate in the Agency and have agreed in Article 41 of the Agreement on an
International Energy Program (the "I.E.P. Agreement") to undertake national programmes
in the areas set out in Article 42 of the I.E.P. Agreement, including research and devel
opment on controlled thermonuclear fusion in which field the Programme will be carried
out;
           CONSIDERING that in the Governing Board of the Agency on 28th July, 1975,
the Governments approved the Programme as a special activity under Article 65 of the
I.E.P. Agreement;
           CONSIDERING that the Agency has recognized the establishment of the Programme
 as an important component of international co-operation in the field of fusion power
research and development;
           HAVE AGREED as follows:
 ---pagebreak---                                                         - H-
                                           Articïe 1
                                        OBJECITVES
 (a)          Scope of Activity. The Programme to be earned cut by the Contracting
 Parties within the framework of this Agreement shall consist of co-operative research,
!development, demonstrations and exchanges of information regarding plasma wall inter
 action in TEXTOR as provided in the Annex hereto.
 (b)          Method of Implementation. Each Contracting Party shall implement the
 Programme by undertaking one or more tasks as provided in the Annex hereto.
 (c)          Task Co-ordination and Co-operation. The Contracting Parties shall co
 operate in co-ordinating the work under the Programme and in advancing the research
  and development activities of all Contracting Parties in the field of plasma wall interaction.
                                          Article 2
                             THE EXECUTIVE COMMITTEE
 (a)          Supervisory Control.     Control of the Programme shall be vested in the
 Executive Committee constituted under this Article.
 (b)          Membership. The Executive Committee shall consist of one member desig
 nated by each Contracting Party; each Contracting Party shall also designate an alternate
 member to serve on the Executive Committee in the event that its designated member
 is unable to do so.
 (c)          Responsibilities.   The Executive Committee shall:
              ( 1 ) Adopt for each year, acting by unanimity, the Programme of Work,
                     together with an indicative programme of work for the following two
K •                  years; the Executive Committee may, as required, make adjustments
                   • within the framework of the Programme of Work;
              (2) Make such rules and regulations as may be required for the sound
                     management of the Programme;
              (3)    Carry out the other functions conferred upon it by this Agreement and
                     the Annex hereto; and
              (4)    Consider any matters submitted to it by the Operating Agent or by
                     any Contracting Party.
 (d)          Procedure. The Executive Committee shall carry out its responsibilities in
 accordance with the following procedures:
 ---pagebreak---              ( 1) The Executive Committee shall each year elect a Chairman and one
                  . or more Vice-Chairmen;
             (2)    The Executive Committee may establish such subsidiary bodies and rales
                     of procedure as are required for its proper functioning. A representative
                     of the Agency and a representative of the Operating Agent (in its
                     capacity as such) may attend meetings of the Executive Committee
                     and its subsidiary bodies in an advisory capacity;
             (3)     The Executive Committee shall meet in regular session twice each year;
                     a special meeting shall be convened upon the request of any Contracting
                     Party which can demonstrate the need therefor;
              (4)    Meetings of the Executive Committee shall be held at such time and in
                     such office or offices as may be designated by the Committee ;
                                                                      «
              (5)    At least twenty-eight days before each              of tne Executive Com
                     mittee, notice of the time, place and purpose cf the meeting, shall be
                      given to each Contracting Party and to other persons or entities entitled
                      to attend the meeting; notice need not be given to any person or entity
                      otherwise entitled thereto if notice is waived before or after the meeting ;
              (6)     The quorum for the transaction of business in meetings cf the Executive
                      Committee shall be one-half of the members plus one (less any resulting
                      fraction).
  (e)        Voting.
              (1) Where this Agreement requires the Executive Committee to act by
                     unanimity, this shall require the agreement of each member or alternate
                     member present and voting at the meeting at which the decision is
                     taken. ^ The Executive Committee shall adopt decisions and recom
                     mendations, for which no express voting provision is made in this
                     Agreement, by majority vote of the members or alternate members
                     present and voting;
            (2) With the agreement of each member or alternate member entitled to act
                    thereon, a decision or recommendation may be made by telex or cable
                    without the necessity for calling a meeting. The Chairman of the
                    executive Committee shall have the responsibility of ensuring that a 11
                    members or alternate members entitled to act thereon are informed of
                   each decision or recommendation made pursuant to this paragraph.
(!)     _ Reports. The Executive Committee shall, at least annually, provide
Agency with periodic reports on the progress of the Programme.
 ---pagebreak---                                            Anide 3
                           ..   THE OPERAT1NG AGENT
(a)           Designation.    The Programme shall be conducted by the EURATCM-KFA
Jiilich Association for Fusion, acting through the Kernforschungsanlage Julich GmbH, as
the Operating Agent.
(b)           Scope of Authority to Act on Behalf of Contracting Parties. Subject to the
provisions of Article 6 hereof, the Operating Agent shall perform all legal acts required
to carry out its functions as defined in the Annex hereto on behalf of. the Contracting
Parties.
(c)          Replacement. A Contracting Party may, wita the consent of the Executive
Committee, acting by unanimity, designate another entity as Operating Agent in place of
the Contracting Party or other Operating Agent . designated             it. The adoption of
any consequential amendments to this Agreement and the aLlxm hereto as well as the
arrangements for transfer of the Operating Agent's responsibilities shall require a decision
of the Executive Committee, acting by unanimity.
(d)           Resignation. The Operating Agent shall have the right to resign at any
time, by giving six months written notice to that effect to the Executive Committee,
provided that:
              (1)   A Contracting Party, or entity designated by a Contracting Party, is at
                    such time willing to assume the duties and obligations of the Operating
                    Agent and so notifies the Executive Committee and the other Contracting
                    Parties to that effect, in writing, not less than three months in advance
                    of the effective date of the Operating Agent's resignation ; and
              (2)   Such Contracting Party or entity is approved by the Executive Com
                    mittee, acting by unanimity.
                                           Article 4
                            ADMINISTRATION AND STAFF
(a)           Administration of Tasks. The Operating Agent shall be responsible to the
Executive Committee for implementing its responsibilities in accordance with this Agree
ment, the Annex hereto and the decisions of the Executive Committee.
(b)           Information and Reports. The Operating Agent shall furnish to the Executive
Committee such information concerning the Programme as the Committee may request
 and shall each year submit, not later than two months after the end of the financial year,
a report on the status of work under the Programme.
 4
 ---pagebreak---                                               -Y
   (c)          Staff. It shall be the responsibility of the Operating Agent to retain such
  staff as may be required to carry out its responsibilities. 7Tie Operating Agent may also,
  a$ required, utilize the services of personnel employed by other Contracting Parties (or
  organisations or other entities designated by Contracting Parties) and made available to
  the Operating Agent by secondment or otherwise, subject to arrangements to be agreed
  between the Contracting Party and the employer of such personnel.
                                            Article 5
                                           FINANCE
                                                                                \
  (a)            Obligations of the Operating Agent. The Operating Agent shall bear the
  costs of the constructipn and normal operation of TEXTOR as described in the Annex
  hereto.                                                  •
  (b)            Individual Obligations. Each of the Contracting Parties will bear the costs
  it incurs in carrying out this Agreement and the Annex hereto except as otherwise agreed
  between two or more Contracting Parties.
                                            Article 6
                   INFORMATION AND INTELLECTUAL PROPERTY
 (a)           Executive Committee's Powers. The publication, distribution, handling,
 protection and ownership of information and intellectual property arising from activities
 conducted under this Agreement shall be determined by the Executive Committee, acting
 by unanimity, in conformity with this Agreement.
(b)            Right to Publish. Subject only to patents and copyright restrictions of this
Agreement, the Contracting Parties shall have the right to publish all information provided
to or arising from the Programme except proprietary information, but they shall not publish
it with a view to profit except as the Executive Committee, acting by unanimity, may agree
or provide by rule.      All that information shall be available without charge to the Con
tracting Parties.
(c)           Proprietary Information.     The Contracting Parties shall take all necessary
measures in accordance with this Article, the laws of their respective countries and inter
national law to protect proprietary information. For the purposes of this Agreement,
proprietary information shall mean information of a confidential nature such as trade
secrets and know-how (for example, computer programmes, design procedures and
techniques, chemical composition of materials, or manufacturing methods, processes, or
treatments) which is appropriately marked, provided such information:
               (1)   Is not generally known or publicly available from other sources ;
                                                                                £
 ---pagebreak---                                                 - o ~
  I             (2) Has not previously been made available by the owner to others without
                      obligation concerning its confidentiality; and
                (3) Is not already in the possession of the recipient Contracting Party
                      without obligation concerning its confidentiality.
It shall be the responsibility of each Contracting Party supplying proprietary information
to identify the information as such and to ensure that it is appropriately marked.
(d)             Production of Relevant Information by Governments. The Operating Agent
should encourage the governments of all Agency Participating Countries to make available
or to identify to the Operating Agent all published or otherwise freely available information
known to them that is relevant to the Programme. The Contracting Parties should notify
the Operating Agent of all pre-existing information, and information developed inde
pendently of the Programme known to them which is relevant to the Programme and
which can be made available to the Programme without contractual or legal limitations.
                                                                   %
(e)            Reports on Programme Work. Reports containing arising information and
pre-existing information necessary for and used in the Programme, including proprietary
information, shall be provided to each Contracting Party by the Contracting Party perform
ing the work. It shall be the responsibility of each Contracting Party to identify
information which qualifies as proprietary information under this Article and ensure that
it is appropriately marked. The Operating Agent shall provide summary reports of work
performed under the Annex hereto and the results thereof (arising information), other
than proprietary information, to the Executive Committee.
(f)             License of Proprietary Information. Each Contracting Party agrees to license
all pre-existing proprietary information necessary for and used in its work under the
Programme and which it owns or controls and all arising proprietary information to the
Contracting Parties, their governments, and the nationals of their respective countries
designated by them:
                ( 1 ) Royalty-free for use in the Programme only; and
                (2)   On favourable terms and conditions for all other uses taking into account
                      the equities of the Contracting Parties based upon the sharing of
                      obligations, contributions, rights and benefits of all Contracting Parties.
Each Contracting Party agrees to license all such arising proprietary information to all
Agency Participating Countries on reasonable terms and conditions for use in their own
country in order to meet their energy needs.
(g)             License of Patents Needed for Programme.         Patents solely owned or con
trolled by a Contracting Party which are needed for use in the Programme shall be licensed
to another Contracting Party for use in the Programme only at no cost to such Contracting
Party. If such patents are partially owned or controlled by a Contracting Party, then
 efforts shall be made by the Contracting Party to reduce or eliminate as possible the benefit
that might accrue to it.
6
 ---pagebreak---  (h)          Arising Inventions.    Inventions made or conceived in the course of or under
 the Programme (arising inventions) shall be owned in all countries by the inventing Con
 tracting Party. Information regarding inventions on which patent protection is to be
obtained by the Contracting Party shall not be published or publicly disclosed by the
other Contracting Parties until a patent application has been filed, provided, however,
that this restriction on publication or disclosure shall not extend beyond six months from
the date of receipt of such information. It shall be the responsibility of the inventing
Contracting Party to appropriately mark reports which disclose inventions that have not
been appropriately protected by the filing of a patent application.
(i)           License of Inventions. Each Contracting Party agrees to license all pre
existing inventions covered by patents owned or controlled by it which are necessary for
practising the results of its work under the Programme and which have been utilized in
that work, and all arising inventions to the Contracting Parties, their governments and the
nationals of their respective countries designated by them:
               (1)   Royalty-free for use in the Programme only; and
                                                                  «
               (2)   On favourable terms and conditions for all other uses, taking into
                     account the equities of the Contracting Parties based upon the sharing
                     of obligations, contributions, rights and benefits of all Contracting
                     Parties.
Each Contracting Party agrees to license all such arising inventions to all Agency Participat
ing Countries on reasonable terms and conditions for use in their own country in order to
meet their energy needs.
(})           Copyright. The Operating Agent or each Contracting Party for its own
work under the Programme may take appropriate measures necessary to protect copyright-
able material generated under the Programme. Copyrights obtained shall be the property
of that Contracting Party or the Operating Agent, provided, however, that Contracting
Parties may reproduce and distribute such material, but shall not publish it with a view
to profit.
(k)           Inventors and Authors. Each Contracting Party will, without prejudice to
any rights of inventors or authors under its national laws, take all necessary steps to provide
the co-operation from its authors and inventors required to carry out the provisions of this
Article. Each Contracting Party will assume the responsibility to pay awards or compen
sation required to be paid to its employees according to the laws of its country.
(I)           Determination of "National". The Executive Committee may establish
guidelines to determine what constitutes a "national" of a Contracting Party, provided,
however, in recognition of the fact that all the fusion power research and development
programmes of the individual Member States of the European Atomic Energy Community
( EURATOM) are carried out jointly in the framework of EURATOM, and that EURA
TOM acts on behalf of itself and its associated national organisations in fusion power
research and development, the governments and countries referred to in sub-paragraphs (f)
and (i) above shall, with respect to EURATOM, be understood to be the governments and
countries of the Member States of EURATOM.
 ---pagebreak---                                             Article 7
i
                                 LEGAL RESPONSIBILITY
            Each Contracting Party agrees to compensate the Operating Agent or persons
acting on its behalf for damages, liabilities or costs when such damages, liabilities or costs
are due to the gross negligence or wilful misconduct of the personnel of the Contracting
Party assigned under an agreement entered into in accordance with the Annex hereto,
provided, however, that this provision shall not apply to damages, liabilities or costs insofar
as and to the extent that they arise out of the gross negligence or wilful misconduct of
the Operating Agent, or persons acting on its behalf.
                                            Article 8
                                LEGISLATIVE PROVISIONS              '•
(a)             Accomplishment of Formalities. Each Contracting Party shall request the
appropriate authorities of its country (or its Member States in the case of an international
organisation) to use their best endeavours, within the framework of applicable legislation,
to facilitate the accomplishment of formalities involved in the movement of persons, the
importation of materials and equipment and the transfer of currency which shall be
required to conduct its work under the Programme.
(b)             Applicable Laws. In carrying out this Agreement and the Annex hereto,
the Contracting Parties shall be subject to the appropriation of funds by the appropriate
governmental authority, where necessary, and to the constitution, laws and regulations
applicable to the respective Contracting Parties, including, but not limited to, laws establish
ing prohibitions upon the payment of commissions, percentages, brokerage or contingent
fees to persons retained to solicit governmental contracts and upon any share of such
contracts accruing to government officials.
(c)             Decisions of Agency Governing Board. The Contracting Parties shall take
account, as appropriate, of the Guiding Principles for Co-operation in the Field of Energy
Research and Development, and any modification thereof, as well as other decisions o ;
the Governing Board of the Agency in that field. The termination of the Guiding Principles
shall not affect this Agreement, which shall remain in force in accordance with the terras
hereof.
 (d)            Settlement of Disputes.   Any dispute among the Contracting Parties concern
 ing the interpretation or the application of this Agreement which is not settled by negotiation
 or other agreed mode of settlement, shall be referred to a tribunal of three arbitrators to
 be chosen by the Contracting Parties concerned who shall also choose the Chairman of
  the tribunal. Should the Contracting Parties concerned fail to agree upon the composition
 of the tribunal or the selection of its Chairman, the President of the International Court
 of Justice shall, at the request of any of the Contracting Parties concerned, exercise those
  responsibilities. The tribunal shall decide any such dispute by reference to the terms of
  8
 ---pagebreak---   this Agreement and any applicable laws and regulations, and its decision on a question
  of fact shall be final and binding on the Contracting Parties. An Operating Agent which
  is not a Contracting Party shall be regarded as a Contracting Party for the purpose of
  this paragraph.
                                           Article 9
           ADMISSION AND WITHDRAWAL OF CONTRACTING PARTIES
(a)            Admission of New Contracting Parties: Agency Countries. Upon the
invitation of the Executive Committee, acting by unanimity, admission to the Agreement
shall be open to the government of any Agency Participating Country (or a national agency,
public organisation, private corporation, company or other entity designated by such
government), which signs or accedes to this Agreement and accepts the rights and obliga
tions of a Contracting Party. Such admission of a Contracting Party shall become effective
upon the signature of this Agreement by the new Contracting Party or its accession thereto
and the adoption of any consequential amendments thereto.
(o)            Admission of New Contracting Parties: Other OECD Countries. The govern
ment of any Member of the Organisation for Economic Co-operation and Development
which does not participate in the Agency may, on the proposal of the Executive Committee,
acting by unanimity, be invited by the Governing Board of the Agency to become a
Contracting Party to this Agreement (or to designate a national agency, public organisation,
private corporation, company, or other entity to do so), under the conditions stated in
paragraph (a) above.
(c)            Contributions. The Executive Committee may require, as a condition to
admission to participation, that the new Contracting Party accept obligations which are
designed to compensate the Contracting Parties as appropriate for their prior contributions
to the Programme.
(d)            Replacement of Contracting Parties. With the agreement of the Executive
Committee, acting by unanimity, and upon the request of a government, a Contracting
Party designated by that government may be replaced by another party. In the event of
such replacement, the replacement party shall assume the rights and obligations of a Con
tracting Party as provided in paragraph (a) above and in accordance with the procedure
provided therein.
(e)            Withdrawal. Any Contracting Party may withdraw from this Agreement
either with the agreement of the Executive Committee, acting by unanimity, or by giving
twelve months written Notice of Withdrawal to the Executive Director of the Agency, such
Notice to be given not less than two years after the date hereof. The withdrawal of a
Contracting Party under this paragraph shall not affect the rights and obligations of the
other Contracting Parties.
(f)             Change of Status of Contracting Party. A Contracting Party other than a
government or an international organisation shall forthwith notify the Executive Committee
                                                                                9
 ---pagebreak---                                                                                <            ?
                                                         ZSL -                              j
      of any significant change in its status or ownership, or of its becoming bankrupt or entering
      into liquidation. The Executive Committee shall determine whether any such change in
      status of a Contracting Party significantly affects the interests of the other Contracting
    • Parties; if the Executive Committee so determines, then, unless the Executive Committee,
      acting upon the unanimous decision of the other Contracting Parties, otherwise agrees:
                     ( 1 ) That Contracting Party shall be deemed to have withdrawn from the
                           Agreement under paragraph (e) above on a date to be fixed by the
                           Executive Committee ; and
                     (2) The Executive Committee shall invite the government which designated
                           that Contracting Party to designate, within a period of three months of
                           the withdrawal of that Contracting Party, a different entity to become
                           a Contracting Party; if approved by the Executive Committee, acting
                           by unanimity, such entity shall become a Contracting Party with effect
                           from the date on which it signs or accedes to this Agreement.
                                                                           «
      (g)           Failure to Fulfil Contractual Obligations. Any Contracting Party which fails
     to fulfil its obligations under this Agreement within sixty days after its receipt of notice
     specifying the nature of such failure and invoking this paragraph, may be deemed by the
* " Executive Committee, acting by unanimity, to have withdrawn from this Agreement.
                                                Article 10
                                         FINAL PROVISIONS
      (a)           Term of Agreement. This Agreement shall remain in force for an initial
     period of nine years from the date hereof. The term of this Agreement may be extended
     for such additional period as may be determined by the Executive Committee, acting by
      unanimity.
     (b)            Legal Relationship of Contracting Parties. Nothing in this Agreement shall
     be regarded as constituting a partnership between any of the Contracting Parties.
     (c)            Amendment. This Agreement and the Annex hereto may be amended at any
     time by the Executive Committee, acting by unanimity. Such amendments shall come
     into force in a manner determined by the Executive Committee, acting by unanimity.
     (d)            Deposit. The original of this Agreement shall be deposited with the Executive
     Director of the Agency and a certified copy thereof shall be furnished to each Contracting
     Party. A copy of this Agreement shall be furnished to each Agency Participating Country,
     and to each Member country of the Organisation for Economic Co-operation and Devel
     opment.
     Done in Paris, this 5th day of October, 1 977.
      10
 ---pagebreak---  For the NATIONAL RESEARCH
 COUNCIL OF CANADA
 (designated by the Government
 of Canada):
 For the EUROPEAN ATOMIC ENERGY COMMUNITY (EURATOM):
[JAPAN]
For the TURKISH SCIENTIFIC AND
TECHNICAL RESEARCH COUNCIL
(designated by the Government
of Turkey):
[For the UNITED STATES ENERGY RESEARCH
AND DEVELOPMENT ADMINISTRATION
for and on behalf of the Government
of the United States of America:
or
For the UNITED STATES DEPARTMENT OF ENERGY
for and on behalf of the Government
of the United States of America]:
 ---pagebreak---                                                      -
                                                ANNEX
                         PLASMA WALL INTERACTION IN TEXTOR
  1.   Objectives
              The overall objectives of the Programme are to evaluate the relative important
  of the processes leading to the build-up. of impurities in tokarnaks and to the damage of
  the first wall under different operating conditions ; to search for appropriate first wall
  materials, structures and temperatures that are optimized with respect to particle release
  and wall material behaviour; and to develop and test methods to control the plasma
  boundary.
  2.   Means
                                                                          %
            . The Contracting Parties will undertake a Programme invomng the sharing of
  tasks (as described in paragraph 3 below) in the final design, construction and operation
  of a plasma test bed device (the Torus Experiment for Technology Oriented Research
. known as TEXTOR) (as described in the Report on the Planning of TEXTOR dated 15 No
. vember 1975 and the TEXTOR Kurzbeschreibung dated March 1976, hereinafter called
  the "TEXTOR Reports"). In this regard, they will undertake the accompanying material
  studies, the development of related diagnostics, and will co-operate in the operation of
  TEXTOR in the presence of different first wall assemblies under a variety of plasma ,
  boundary conditions.
  3.   Programme Phases
              (a)  Phase I: Final Design and Construction
         -         ( 1 ) Definition. The preliminary design having been completed prior to
                           the signing of this Agreement, Phase I will encompass the final
                       . . design and construction of TEXTOR. During this phase, which
                           is expected to last three to four years, the Contracting Parties other
                           than EURATOM will assign specialists (scientists, engineers and/or
                           other technical personnel) to the TEXTOR site to contribute to the
                           final design, construction and preparation for operation of TEXTOR,
                           including the development of plasma wall diagnostics and appropriate
                           wall materials.
                   (2) Each Contracting Party other than EURATOM will contribute
                           between four and seven man-years of assigned specialists working at
                           the TEXTOR site.        Not more than three specialists from a single
                           Contracting Party, with the noted exception, will be accepted at any
                           one time without the prior approval of the Operating Agent.
                   (3) Specialists will be assigned in accordance with the procedures set
                            forth in paragraph 6 below.
   12
 ---pagebreak--- (b) Phase II: Operation
    ( 1 ) Definitions. The TEXTOR Operation Phase will include a sequence
          of experiments for which an agreed time period will be provided by
          the Operating Agent. Each of the Contracting Parties will contribute
          proposals for experiments in the Operation Phase falling into one or
          more of the following categories:
            (i) Category I. Experiments requiring neither modifications to
                TEXTOR nor additional equipment, but involving the assign
                ment of the necessary experts during the experiment.
           (ii) Category II. Experiments requiring no modifications to
                TEXTOR, but requiring additional equipment, and the assign
                ment of experts during the experiment.
          (iii) Category III.         Experiments requiring modifications of
                TEXTOR and the assignment of specialists, and possibly,
                additional equipment. It is expected that such modifications
                will not require major changes in the basic design and
                construction of TEXTOR.
    (2) Procedures for Submission of and Decision on Proposals for Experi
          ments
            (i) Proposals for experiments to be carried out with TEXTOR
                will be submitted by each of the Contracting Parties other than
                EURATOM to the Operating Agent. These shall include a
                detailed description of aims, Category (as defined in sub
                paragraph ( 1 ) above), programme, design, means, personnel
                (including experts to be assigned), time period required and
                time schedule, other conditions and, if available, results of
                reliability tests already conducted.
           (ii) Experiments in Categories I and II, requiring the utilisation of
                TEXTOR for a period of not more than four months, may be
                agreed upon directly between the Operating Agent and the
                proposing Contracting Party.
          (iii) All other experiments will require the approval of the
                Executive Committee, acting by unanimity.
          (iv) In the case of proposals 'for experiments falling under (iii)
                 above, the Operating Agent, if it concurs with the proposal,
                 will submit it with its comments to the Executive Committee
                 which will take the necessary steps to have the proposal
                 reviewed as to its scientific and technical merits, cost and time
                 requirements, by at least two experts selected from a list of
                 experts previously agreed by the Executive Committee. On
                 the basis of the experts' report, the Executive Committee will
                                                                                13
 ---pagebreak---                                             -^ 6 - '                           \
                            decide whether or not to approve the experiment. In approv
                            ing, the Executive Committee shall confirm the experimental
                           programme, time period required and time schedule, priority
                           with respect to other experiments, personnel to be assigned and
                            any special conditions.
                     (v) In the event that, in the judgement of the Operating Agent, a
                           proposed experiment is felt to endanger the essential compo
                           nents of the TEXTOR ensemble and/or the safety of operating
                           personnel, the Operating Agent may, after consultation with
                           the Executive Committee, decline to carry out the proposed
                           experiment.
              (3)  Allocation of Time for Experiments
                    It is understood that 40 per cent of the total operating time of
                    TEXTOR will be available for the agreed experiments of all the
                    Contracting Parties. The other 60 per cent will be at the exclusive
                    disposal of the Operating Agent, which tnay grant from that time
                    additional operating time for agreed experiments of the Contracting
                   Parties other than EURATOM. The Operating Agent will make
                   every effort to transmit the results of experiments performed within
                   its operating time to the Executive Committee and to the Programme
                   Officers of each of the Contracting Parties other than EURATOM
                   within six months of the conclusion of each experiment.
              (4)  Acceptance Testing of Components
                   The Operating Agent reserves the right to conduct acceptance tests
                    of the delivered components (for instance, vacuum, mechanical,
                    electrical, magnetic) to ensure that their insertion will not endanger
                   or perturb the operation of TEXTOR.
              (5)  Removal of Materials and Equipment
                   After the conclusion of an experiment, each Contracting Party will,
                   upon the request of the Operating Agent, forthwith effect at its own
                   cost the removal of materials and/or equipment introduced by that
                    Contracting Party at the TEXTOR site.
              (6)  Reporting of Experimental Results
                   Each Contracting Party will report the results of its experiments to
                   the other Contracting Parties within six months of the conclusion of
                   each experiment.
4. Specific Responsibilities of the Operating Agent
         The Operating Agent will:
         (a) Be responsible for the funding, design, construction and operation of the
              TEXTOR device (as specified in the TEXTOR Reports); for which purpose
              operation shall mean the overall administrative and technical management
              of TEXTOR:
14
 ---pagebreak---            (b) Use its best efforts to provide the necessary office space and, subject to
               . mutual agreement, laboratory space at the site to Contracting Parties other
                  than EURATOM;
           (c) Make the necessary arrangements to facilitate access for each of the
                  Contracting Parties other than EURATOM to the site;
           (d) Use its best efforts to provide, during the Operation Phase, necessary and
                  reasonable computer time to Contracting Parties other than EURATOM;
           (e) During the Operation Phase, and after agreement on experiments (under
                 paragraph 3 (b) (2) above), carry out the necessary modifications of
                 TEXTOR, assisted where necessary by the interested Contracting Party
                 and ensure that adequate priority is given to the experiments during the
                 agreed time period;
          (f)    During the Operation Phase, be responsible for providing the necessary
                 technical personnel for the routine operation of TEXTOR during the
                 agreed experiments, for covering TEXTOR operating costs and for
                 acquiring the basic plasma and wall data required for the interpretation
                 of results insofar as permitted by standard measuring methods installed at
                 that time. "TEXTOR operating costs" are the costs anticipated in connec
                 tion with the routine operation of TEXTOR, and the services of the
                 Operating Agent pursuant to sub-paragraphs (b) to (f) above. Costs other
                 than TEXTOR operating costs, as well as the costs of materials for
                 additional equipment or modifications of TEXTOR (extra costs), will be
                 borne by the Contracting Party whose experiment requires these extra costs.
5.   Technical Description
          A description of the TEXTOR facility and its relevant parameters is to be
found in the TEXTOR Reports. From this information Contracting Parties other than
EURATOM may obtain dimensions and other data needed for the incorporation of new
components or diagnostic instruments. Technical information in greater detail than that
found in the TEXTOR Reports will be made available by the Operating Agent upon
the request of a Contracting Party,
6.  Assignment of Personnel
          (a) The Contracting Parties other than EURATOM may assign experts m the
                 fields set forth in paragraph 1 above to work at the TEXTOR site in
                 accordance with agreements between the Operating Agent and the assigning
                Party. Such agreements will specify the work plan to be followed by
                such experts.
          (b) The procedures to be followed in assigning experts shall be as follows:
                 ( 1 ) Each Contracting Party desiring to assign an expert shall submit its
                        nomination to the Operating Agent, as a rule, at least four months
                        prior to the expected assignment date. Each such nomination shall
                        specify the qualifications of the expert, his task during the assignment
                        and the length of the assignment.
 ---pagebreak---                 (2) The Operating Agent shall, as soon as possible, notify the nominating
                       Party of the acceptability of the assignment.
          (c) The duration of each assignment during the final design and construction
                phase shall normally be one year, except as may otherwise be agreed
                between the Operating Agent and the nominating Party.
          (d)   Publications resulting from theoretical or experimental investigations carried
                out in connection with the Programme shall normally be issued in the form
                of joint reports of the Contracting Parties or individuals who contributed
                to the investigations.
          (e) All personal expenses associated with an assignment shall be borne by the
                assigning Party. Such expenses shall include, but not be limited to,
                costs of salary, travel, insurance and living expenses of the assigned
                personnel. Assigned personnel shall in no way be deemed to be employees
                of the Operating Agent by virtue of their assignment. Assigned personnel
                shall adhere to all safety and other operating procedures of the Operating
                Agent.
7.  Programme Officers       .
          Each Contracting Party will designate a Programme Officer who will be the
principal point of contact among the Contracting Parties.
8.  Time Perioa
           (a)  The period of the Programme is expected to extend to the end of 1985 or
                until the completion of the Operation Phase set out in paragraph 3 above,
                whichever is earlier.
          (b)   Programme Milestones:
                Freezing of main machine parameters                       Completed in 1976
                Final design and call for tenders of main components:
                – TF-coils, transformer                                                  1 977
                – vessel               .                                                 1978
                – first liner                                                      1978-1979
                Commissioning of the system including neutral injection ....             1980
                The development of special diagnostics, the accompanying material studies
                e.g. leading to new liners and the preparation of new methods of plasma-
                wall-control will be pursued throughout the Programme.
16
 ---pagebreak---                           INTERNATIONAL ENERGY AGENCY
            IMPLEMENTING AGREEMENT
                  FOR A PROGRAMME OF RESEARCH
        AND DEVELOPMENT ON SUPERCONDUCTING
                      MAGNETS FOR FUSION POWER
               The Contracting Parties
               CONSIDERING that the Contracting Parties, being either, governments or inter
    national organisations or parties designated by their respective governments pursuant to
    Article III of the Guiding Principles for Co-operation in the Field of Energy Research and
    Development adopted by the Governing Board of the International Energy Agency (the
    "Agency") on 28th July, 1975, wish to take part in the establishment and operation of a
   Programme of Research and Development on Superconducting Magnets for Fusion Power
   (the " Programme") as provided in this Agreement ;
               CONSIDER ?^'" -^at the Contracting Parties which are governments and the govern
   ments of the - iher Contracting Parties (referred to collectively as the "Governments ")
   participan: <n the Agency and have agreed in Article 41 of the Agreement on an Inter-
   nzy"-iixi Energy Program (the "I.E.P. Agreement") to undertake national programmes
  in the areas set out in Article 42 of the I.E. P. Agreement, including research and devel
  opment on controlled thermonuclear fusion in which field the Programme will be carried
  out ;
              CONSIDERING that in the Governing Board of the Agency on 28th July, 1975,
  the Governments approved the Programme as a special activity under Article 65 of the
 I.E.P. Agreement;
             CONSIDERING that the Agency has recognised the establishment of the Programme
 as an important component of international co-operation in the field of fusion power
 research and development ;
             HAVE AGREED as follows:
                                            Article 1
                                         OBJECTIVES
(a)             Scope of Activity. The Programme to be carried out by the Contracting
Parties within the framework of this Agreement shall consist of co-operative research^
development, demonstrations and exchanges of information regarding superconducting
magnets for fusion power.                                                                  °
 ---pagebreak---                                                    • 3--
(b)           Method of Implementation. The Contracting Parties shall implement the
Programme by undertaking one or more tasks (the "Task " or "Tasks ") each of which will
be open to participation by two or more Contracting Parties as provided in Article 2 hereof.
The Contracting Parties which participate in a particular Task are, for the purposes of that
Task, referred to in this Agreement as "Participants".
(c)            Task Co-ordination and Co-operation .        The Contracting Parties shall co
operate in co-ordinating the work of the various Tasks and shall endeavour, on the basis
of an appropriate sharing of burdens and benefits, to encourage co-operation among
Participants engaged in the various Tasks with the objective of advancing the research and
development activities of all Contracting Parties in the field of superconducting magnets
for fusion power.
                                             Article 2
                   IDENTIFICATION AND INITIATION OF TASKS
(a) _         Identification . . The Tasks undertaken by Participants are identified in the
Annexes to this Agreement . At the time of signing this Agreement , each Contracting Party
shall confirm its intention to participate in one or more Tasks by giving the Executive
Director of the Agency a Notice of Participation in the relevant Annex or Annexes and
the Operating Agent for each Task shall give the Executive Director of the Agency a Notice
of Acceptance of the Task Annex. Thereafter, each Task shall be carried out in accord
ance with the procedures set forth in Articles 2 to 1 1 hereof, unless otherwise specifically
provided in the applicable Annex .
(b)           Initiation of Additional Tasks. Additional Tasks may be initiated by any
Contracting Party according to the following procedure:
               (1)   A Contracting Party wishing to initiate a new Task shall present to
                     one or more Contracting Parties for approval a draft Annex , similar in
                     form to the Annexes attached hereto, containing a description of the
                     scope of work and conditions of the Task proposed to be performed :
               (2)   Whenever two or more Contracting Parties agree to undertake a new
                     Task, they shall submit the draft Annex for approval by the Executive
                     Committee pursuant to Article 3 (e) ( 2) hereof; the approved draft Annex
                     shall become part of this Agreement ; Notice of Participation in the Task
                     by Contracting Parties and acceptance by the Operating Agent shall be
                     communicated to the Executive Director in the manner provided in
                     paragraph (a) above ;
               (3) In carrying out the various Tasks. Participant shall co-ordinate their
                      activities in order to avoid duplication of activities.
 (c)           Application of Task Annexes. Each Annex shall be binding only upon t he
 Participants therein and upon the Operating Agent for that Task , and shall not affect the
 rights or obligations of other Contracting Parties.
 ---pagebreak---                                              -3-
                                            Article 3
                             THE EXECUTIVE COMMITTEE
 (a)          Supervisory Control.      Control of the Programme shall be vested in the
 Executive Committee constituted under this Article.
 (b)          Membership.      The Executive Committee shall consist of one member desig
 nated by each Contracting Party; each Contracting Party shall also designate an alternate
 member to serve on the Executive Committee in the event that its designated member is
 unable to do so.
(c)          Responsibilities.    The Executive Committee shall :
             (1)   Adopt for each year, acting by unanimity, the Programme of Work , and
                   Budget if foreseen, for each Task , together with an indicative programme
                   of work and budget for the following two years ; the Executive Com
                   mittee may, as required, make adjustments within the framework of
                   the Programme of Work and Budget ;
             (2)   Make such rules and regulations as may be required for the sound man
                   agement of the Tasks, including financial rules as provided in Article 6
                   hereof;
             (3)   Carry out the other functions conferred upon it by this Agreement and
                   the Annexes hereto ; and
             (4)   Consider any matters submitted to it by any of the Operating Agents
                   or by any Contracting Party.
(d)          Procedure. The Executive Committee shall carry out its responsibilities in
accordance with the following procedures:
             (1 )  The Executive Committee shall each year elect a Chairman and one
                   or more Vice-Chairmen ;
              (2)  The Executive Committee may establish such subsidiary bodies and rules
                   of procedure as are required for its proper functioning. A representative
                   of the Agency and a representative of each Operating Agent ( in its
                    capacity as such) may attend meetings of the Executive Committee
                    and its subsidiary bodies in an advisory capacity;
              ( 3) The Executive Committee shall meet in regular session twice each year ;
                    a special meeting shall be convened upon the request of any Contracting
                    Party which can demonstrate the need therefor ;
               (4) Meetings of the Executive Committee shall be held at such time and
                     in such office or offices as may be designated by the Committee ;
 ---pagebreak---              5   At least twenty-eight days before each meeting of the Executive Com
                 mittee, notice of the time, place and purpose of the meeting shall be
                 given to each Contracting Party and to other persons or entities entitled
                  to attend the meeting; notice need not be given to any person or entity
                 otherwise entitled thereto if notice is waived before or after the
                 meeting ;
             6)  The quorum for the transaction of business in meetings of the Executive
                 Committee shall be one-half of the members plus one ( less any resulting
                 fraction) provided that any action relating to a particular Task shafl
                 require a quorum as aforesaid of members or alternate members desig
                 nated by the Participants in that Task .
(e)        Voting.
            (1)  When the Executive Committee adopts a decision or recommendation
                 for or concerning a particular Task , the Executive Committee shall act :
                   (1)   When unanimity is required under this Agreement : by agreement
                       * of those members or alternate members which were designated by
                         the Participants in that Task and which are present and voting ;
                  (ii)   When no express voting provision is made in this Agreement : by
                         majority vote of those members or alternate members which were
                         designated by the Participants in that Task and which are present
                         and voting ;
            (2)  In all other cases in which this Agreement expressly requires the
                 Executive Committee to act by unanimity, this shall require the agreement
                  of each member or alternate member present and voting, and in respect
                 of all other decisions and recommendations for which no express voting
                  provision is made in this Agreement, the Executive Committee shall
                  act by a majority vote of the members or alternate members present
                  and voting. If a government has designated more than one Contracting
                  Party to this Agreement , those Contracting Parties may cast only one
                 vote under this paragraph ;
            (3)  The decisions and recommendations referred to in paragraphs ( 1 ) and
                 (2) above may, with the agreement of each member or alternate member
                 entitled to act thereon, be made by mail, telex or cable without the
                 necessity for calling a meeting. Such action shali be taken by unanimity
                 or majority of such members as in a meeting. The Chairman of the
                 Executive Committee shall ensure that all members are informed of
                  each decision or recommendation made pursuant to this paragraph .
(f)        Reports. The Executive Committee shall, at least annually, provide the
Agency with periodic reports on the progress of the Programme.
 ---pagebreak---                                              -
                                              Article 4
                                 THE OPERATING AGENTS
(a)           Designation. Participants shall designate in the relevant Annex an Operating
Agent for each Task. References in this Agreement to the Operating Agent shall apply
to each Operating Agent in respect of the Task for which it is responsible.
(b)           Scope of Authority to Act on Behalf of Participants.    Subject to the provisions
of the applicable Annex:
               (1)  All legal acts required to carry out each Task shall be performed on
                     behalf of the Participants by the Operating Agent for the Task ;
               (2)  The Operating Agent shall hold, for the benefit of the Participants,
                     the legal title to all property rights which may accrue to or be acquired
                     for the Task .
The Operating Agent shall operate the Task under its supervision and responsibility,
subject to this Agreement, in accordance with the law of the country of the Operating Agent.
(c)           Reimbursements of Costs. The Executive Committee may provide that
expenses and costs incurred by an Operating Agent in acting as such pursuant to this
Agreement shall be reimbursed to the Operating Agent from funds made available by the
Participants pursuant to Article 6 hereof.
(d)            Replacement. Should the Executive Committee wish to replace an Operating
Agent with another government or entity, the Executive Committee may. acting by
unanimity and with the consent of such government or entity, replace the initial Operating
Agent. References in this Agreement to the "Operating Agent " shall include any govern
ment or entity appointed to replace the original Operating Agent under this paragraph .
(e)            Resignation . An Operating Agent shall have the right to resign at any
time, by giving six months written notice to that effect to the Executive Committee, provided
that:
               (1)   A Participant, or entity designated by a Participant, is at such time
                     willing to assume the duties and obligations of the Operating Agent and
                     so notifies the Executive Committee and the other Participants to that
                     effect, in writing, not less than three months in advance of the effective
                      date of such resignation ; and
               (2)   Such Participant or entity is approved by the Executive Committee,
                      acting by unanimity.
 (f)           Accounting. An Operating Agent which is replaced or which resigns as
 Operating Agent shall provide the Executive Committee with an accounting of any monies
 and other assets which it may have collected or acquired for the Task in the course of
 carrying out its responsibilities as Operating Agent.
 ---pagebreak--- (g)           Transfer of Rights. In the event that another Operating Agent is appointed
under paragraph (d) or (e) above , the Operating Agent shall transfer to such replacement
Operating Agent any property rights which it may hold on behalf of the Task.
                                           Article 5
                            ADMINISTRATION AND STAFF
(a)          Administration of Tasks. Each Operating Agent shall be responsible to the
Executive Committee for implementing its designated Task in accordance with this Agree
ment, the applicable Task Annex, and the decisions of the Executive Committee.
(b)           Information and Reports. Each Operating Agent shall furnish to the
Executive Committee such information concerning the Task as the Committee may request
and shall each year submit, not later than two months after the end of the financial year,
a report on the status of the Task.
(c)           Staff. It shall be the responsibility of the Operating Agent to retain such
staff as may be required to carry out its designated Task in accordance with rules determined
by the Executive Committee. The Operating Agent may also, as required, utilise the
services of personnel employed by other Participants (or organisations or other entities
designated by Contracting Parties) and made available to the Operating Agent by second
ment or otherwise. Such personnel shall be remunerated by their respective employers
and shall, except as provided in this Article, be subject to their employers' conditions of
service. The Contracting Parties shall be entitled to claim the appropriate cost of such
remuneration or to receive an appropriate credit for such cost as part of the Budget of
the Task, in accordance with Article 6 (f) ( 6) hereof.
                                            Article 6
                                           FINANCE
(a)           Individual Obligations.    Each Contracting Party shall bear the costs it incurs
in carrying out this Agreement, including the costs of formulating or transmitting reports
and of reimbursing its employees for travel and other per diem expenses incurred in
connection with work carried out on the respective Tasks, unless provision is made for
such costs to be reimbursed from common funds as provided in paragraph (g) below.
(b)           Common Financial Obligations. Participants wishing to share the costs
of a particular Task shall agree in the appropriate Task Annex to do so. The apportion
ment of contributions to such costs (whether in the form of cash , services rendered, intel
lectual property or the supply of materials) and the use of such contributions shall be
governed by the regulations and decisions made pursuant to this Article by the Executive
Committee.
 ---pagebreak--- (c)           Rules of Procurement, Expenditure. The Executive Committee, acting by
unanimity, may make such regulations as are required for the sound financial management
of each Task including, where necessary:
              ( 1 ) Establishment of budgetary and procurement procedures to be used by
                    the Operating Agent in making payments from any common funds
                    which may be maintained by Participants for the account of the Task
                    or in making contracts on behalf of the Participants ;
              (2)   Establishment of minimum levels of expenditure for which Executive
                    Committee approval shall be required, including expenditure involving
                    payment of monies to the Operating Agent for other than routine salary
                    and administrative expenses previously approved by the Executive
                    Committee in the budget process .
In the expenditure of common funds, the Operating Agent shall take into account the
necessity of ensuring a fair distribution of such expenditure in the Participants' countries,
where this is fully compatible with the most efficient technical and financial management
of the Task .
(d)           Crediting of Income to Budget.       Any income which accrues from a Task
shall be credited to the Budget of that Task .
(e)           Accounting. The system of accounts employed by the Operating Agent
shall be in accordance with accounting principles generally accepted in the country of the
Operating Agent and consistently applied .
(f)           Programme of Work and Budget, Keeping of Accounts. Should Participants
agree to maintain common funds for the payment of obligations under a Programme of
Work and Budget of the Task , accounts shall be maintained as follows unless otherwise
decided by the Executive Committee, acting by unanimity:
               (1)  The financial year of the Task shall correspond to the financial year of
                     the Operating Agent ;
               (2)   The Operating Agent shall each year prepare and submit to the Executive
                     Committee for approval a draft Programme of Work and Budget ,
                     together with an indicative programme of work and budget for the
                     following two years, not later than three months before the beginning of
            .        each financial year;
               (3)   The Operating Agent shall maintain complete, separate financial records
                     which shall clearly account for all funds and property coming into the
                     custody or possession of the Operating Agent in connection with the
                     Task ;
               (4)   Not later than three months after the close of each financial year the
                     Operating Agent shall submit to auditors selected by the Executive
                     Committee for audit the annual accounts maintained for the Task ; upon
                     completion of the annual audit , the Operating Agent shall present the
 ---pagebreak---                                               -s-
                     accounts together with the auditors' report to the Executive Committee
                     for approval ;
              (5) All books of account and records maintained by the Operating Agent
                     shall be preserved for at least three years from the date of termination
                     of the Task ;
              (6) Where provided in the relevant Annex, a Participant supplying services ,
                     materials or intellectual property to the Task shall be entitled to a
                     credit, determined by the Executive Committee, acting by unanimity,
                     against its contribution (or to compensation , if the value of such
                     services, materials or intellectual property exceeds the amount of the
                     Participant's contribution); such credits for services of staff shall be
                     calculated on an agreed scale approved by the Executive Committee
                     and include all payroll-related costs.
(g)           Contribution to Common Funds. Should Participants agree to establish
common funds under the annual Programme of Work and Budget for a Task , any financial
contributions due from Participants in a Task shall be paid to' the Operating Agent in
the currency of the country of the Operating Agent at such times and upon such other
conditions as the Executive Committee, acting by unanimity, shall determine, provided
however that :
              (1)    Contributions received by the Operating Agent shall be used solely in
                     accordance with the Programme of Work and Budget for the Task ;
              (2)    The Operating Agent shall be under no obligation to carry out any work
                     on the Task until contributions amounting to at least fifty per cent
                     (in cash terms) of the total due at any one time have been received .
(h )          Ancillary Services. Ancillary services may, as agreed between the Executive
Committee and the Operating Agent, be provided by that Operating Agent for the opera . v.
of a Task and the costs of such services, including overheads connected therewith , may iv
met from budgeted funds of that Task.
 (i)          Taxes. The Operating Agent shall pay all taxes and similar impositions
 (other than taxes on income) imposed by national or local governments and incurred by it
 in connection with a Task , as expenditure incurred in the operation of that Task under
 the Budget; the Operating Agent shall, however, endeavour to obtain all possible exemptions
 from such taxes .
 (j)          Audit. Each Participant shall have the right, at its sole cost , to audit the
 accounts of any work in a Task for which common funds are maintained on the following
 terms :
               ( 1 ) The Operating Agent shall provide the other Participants with an
                      opportunity to participate in such audits on a cost-shared basis ;
               (2) Accounts and records relating to activities of the Operating Agent other
                       than those conducted for the Task shall be excluded from such audit ,
 ---pagebreak---                      but if the Participant concerned requires verification of charges to the
                     Budget representing services rendered to the Task by the Operating
                     Agent, it may at its own cost request and obtain an audit certificate
                     in this respect from the auditors of the Operating Agent;
              (3)    Not more than one such audit shall be required in any financial year;
              (4)    Any such audit shall be carried out by not more than three representatives
                     of the Participants.
                                           Article 7
                 INFORMATION AND INTELLECTUAL PROPERTY
It is expected that for each Task agreed to pursuant to this Agreement, the applicable Annex
will contain information and intellectual property provisions. The General Guidelines
Concerning Information and Intellectual Property, approved by the Governing Board of
the Agency on 21st November, 1975 , shall be taken into account in developing such,
provisions.
                                           Article 8
                      LEGAL RESPONSIBILITY AND INSURANCE
(°)           Liability of Operating Agent. The Operating Agent shall use all reasonable
skill and care in carrying out its duties under this Agreement in accordance with all
applicable laws and regulations . Except as otherwise provided in this Article, the cost
of all damage to property, and all expenses associated with claims, actions and other costs
arising from work undertaken with common funds for a Task shall be charged to the
Budget of that Task ; such costs and expenses arising from other work undertaken for a
Task shall be charged to the Budget of that Task if the Task Annex so provides or the
Executive Committee, acting by unanimity, so decides.
(b )          Insurance. The Operating Agent shall propose to the Executive Committee
all necessary liability, fire and other insurance, and shall carry such insurance as the
Executive Committee may direct . The cost of obtaining and maintaining insurance shall
be charged to the Budget of the Task.
(c)           Indemnification of Contracting Parties. The Operating Agent shall be liable,
in its capacity as such , to indemnify Participants against the cost of any damage to
property and all legal liabilities, actions, claims, costs and expenses connected therewith
to the extent that they:
 ---pagebreak---                 (1)  Result from the failure of the Operating Agent to maintain such
                     insurance as it may be required to maintain under paragraph (h ) above ;
                     or
                (2)  Result from the gross negligence or wilful misconduct of any officers
                     or employees of the Operating Agent in carrying out their duties under
                     this Agreement.
                                           Article 9
                                LEGISLATIVE PROVISIONS
(a)            Accomplishment of Formalities.       Each Participant shall request the appro
priate authorities of its country (or its Member States in the case of an international
organisation) to use their best endeavours, within the framework of 'applicable legislation ,
to facilitate the accomplishment of formalities involved in the movement of persons, the
importation of materials and equipment and the transfer of currency which shall be
required to conduct the Task in which it is engaged.
(b)            Applicable Laws. In carrying out this Agreement and its Annexes, the
Contracting Parties shall be subject to the appropriation of funds by the appropriate govern
mental authority, where necessary, and to the constitution , laws and regulations applicable
to the respective Contracting Parties, including, but not limited to. laws establishing
prohibitions upon the payment of commissions, percentages, brokerage or contingent fees
to persons retained to solicit governmental contracts and upon any share of such contracts
accruing to governmental officials.
(c)            Decisions of Agency Governing Board. Participants in the various Tasks shall
take account, as appropriate, of the Guiding Principles for Co-operation in the Field of
Energy Research and Development, and any modification thereof, as well as other decisions
of the Governing Board of the Agency in that field . The termination of the Guiding
 Principles shall not affect this Agreement, which shall remain in force in accordance with
 the terms hereof.
 (d)           Settlement of Disputes. Any dispute among the Contracting Parties con
 cerning the interpretation or the application of this Agreement which is not settled by
 negotiation or other agreed mode of settlement, shall be referred to a tribunal of three
 arbitrators to be chosen by the Contracting Parties concerned who shall also choose the
 Chairman of the tribunal . Should the Contracting Parties concerned fail to agree upon
 the composition of the tribunal or the selection of its Chairman, the President of the
 International Court of Justice shall, at the request of any of the Contracting Parties con
  cerned, exercise those responsibilities. The tribunal shall decide any such dispute by
  reference to the terms of this Agreement and any applicable laws and regulations, and
  its decision on a question of fact shall be final and binding on the Contracting Parties.
  Operating Agents which are not Contracting Parties shall be regarded as Contracting
  Parties for the purpose of this paragraph .
 ---pagebreak---                                                     -   Il -
                                                Article 10
           ADMISSION AND WITHDRAWAL OF CONTRACTING PARTIES
  (a)              Admission of New Contracting Parties: Agency Countries.                                Upon the
  invitation of the Executive Committee, acting by unanimity, admission to this Agree
  ment shall be open to the government any Agency Participating Country (or a national
   agency, public organisation, private jjprporation, company or other entity designated
   by such government), which signs oaiscedes to this Agreement, accepts the rights and
   obligations of a Contracting Party, ail is accepted for participation in at least one Task
   by the Participants in that Task, acti^by unanimity. Such tc.v.Isiion of a Contracting
   Party shall become effective upon the ^nature of this Agreement by dm nsw Contracting
   Party or its accession thereto and its ghg Noticed of Participation in one or more Annexes
    and the adoption of any consequentialmenomei t . thereto.
    (b)             Admission of New Contra^? Parties Ctk,?r OECD Countries. The govern
    ment of any Member of the Organs^ for Economy Co-operation and Dev^ocmcnt
    which does not participate in the Aseacjiray, cn the proposal of the Executive Committee,
    acting by unanimity, be invited by tfe Governing Boar V of the Agency to become a Con
    tracting Party to this Agreemeaf (eric designate a na ;onal agency, public organisation ,
    private corporation, company                 entity to do s >), under the conditions stated in
    paragraph (a) above.                                            I
                                                                    n -
    tho'       r,^, c c *u n       -     fucipanis t'i Tasks. * Any Contracting Party may, with
    that Ta-fc- "wh 6                       a Task, acting by Unanimity, become a Participant in
    the Execmive
   Annex    and the adonfiW-,^ "Cy ,a .N^ 'ce of Pa^coatioa        ' p°n *e C?nt[?ctinS            Par7's «£?»?
                                                                                in the appropriate               iasK
                   Contribuâtes.: Th»                  -       ...                  •
   admission to partidrriw ' X               e5uUv$' Committee may require, as a condition to
   contribute (in the Ana * f' u* ^ new^ Contracting Party or new Participant shall
  prior budget exoei^urA«f C .~ser 'ices c,r materials) an appropriate proportion of the
                                t any Tasl: in which it participates.
  Committee, acJh^h^nn~°^ *~0,Ur'ic!lnZ Parties. With the agreement of the Executive
  Party designated bv thir ^nimuy» and uPon the request of a government, a Contracting
 such replacement the ~<SVSrnment may be rePIaCt:d °y another party. In the event of
 Contracting Partv'as nrnv'w'^cement party shall assume the rights and obligations of a
 provided therein             1 e In P araSraph fa) above and in- accordance with the procedure
(f)
from any Task either u/;/h             Contracting iJorty may withdraw from this Agreement or
or by giving tweive-mnnrhc ?=reeipenf ^ Executive Committee, acting by unanimity.
Agency, such Notice rn Y" nttea ^ot:ce of Withdrawal to the Executive Director of :he
                                                             ...                       li LI v V# LJ li WC L\J 4 \J \, W.JC
drawal of a Contracting     P °jven
                   tractin0 Party       nocthis
                                  >en not
                                     under  Jess  chan two
                                             (ess than   wo shni
                                                 paracranh   years? nnr
                                                             years      after the
                                                                        after the dace
                                                                                dace r.ereot.
                                                                                hereof. The     The wiih-wiih-
                                  f under this paragraph shall not affect the rights and obligations
                                                       Hev .
 ---pagebreak---                                                -  <1 -
of the other Ccntrscti: g Fames: except that, where the other Contracting Parties have
contributed to common fundi for a Task, their proportionate shares in the Task Budget
shall be adjusted to take account oi svv.'a withdrawal.
(g)            Changes of States of Contracting              A Contracting Party other than a
government or an intevnalona. orgaiusviUcn           forthwith notify the Executive Commutes
of any significant change i its talus cv c^TYiVsriip. cr of its becoming bankrupt or entcrincr
into liquidation. The Executive Ctrr.ri\Uee shuV. toermine whether any such change in
status of a Contractin : ]':arty ijcnifc:.m\y a:iccts the Interests of the other Contracting
Parties; if the Executive (."oir.tni *ee ;o cteeniur.es. then, unless the Executive Committee,
acting upon the unanimous •Jec.-'ior 'of .tnc ether Couirjc.'.ing Parties, otherwise agrees:
                (1) Thai: Cyn:r;ici"^g'^ar-V sta'A'^e               : ;lC.y * withdrawn from the
                      Agreement umV .par |nph ii) abwi - date to be fixed by the
                      Executive Com n >tee; |ind V
                                                      , vl ; .
                (2) The Executive Commit'. *e stful»twuc »:.c ?.cvernmer.t which designated
                      that Contracting Party to dusitl*^-^'1 "-" period o: three mont .".:> or
                      the withdrawal of that Cont*ac.\n£               Jinercnt entity to become
                      a Contracting Party; if approved w :ae. i^;uu::vc Committee, actmg
                      by unanimity, such entity shall becotas aw.ou-nc.mg              wnh ertec:
                      from the date on which it signs or a:c^s. &'&•.:> Agreement_ anc gives
                      the Executive Director of the Agency a Venice ci Participation          one
                      or more Annexes.
 (h) ;         Failure to Fulfil Contractual Obligations. Any COMERS Party wr/ici: : –
 to fulfil its obligations under this Agreement within sixty days atttt iss xeceipt ot no . .
 specifying the nature of such failure and invoking this paragrapa,                  ceemed by ... •
 Executive Committee, acting by unanimity, to have withdrawn 1Tom this Ayetraent.
                                             Article 11
                                      FINAL PROVISIONS
 (a)            Term of Agreement. This Agreement shall ro.- . -.ain in force ior an initmi
 period of six years from the date hereof, and shall contm .:.; in force thereafter urn- to
 and until the Executive Committee, acting by unanimity, deciv.es on its termination.
 (b)            Legal Relationship of Contracting Parties and Participants. Nothing in this
 Agreement shall be regarded as constituting a partnership between any of the Contracting
 Parties or Participants.
 (c)            Termination. Upon termination of this Agreement, or any Annex to
  Agreement, the ExecutivejComraittee, acting by unanimity, shall arrange for the liquidation
 of the assets of the Task or Tasks.          In the event of such liquidation, the Execut..e
 Committee shall, so far as practicable, distribute the assets of the Task, or the proceed*
 ---pagebreak---     therefrom, in proportion to the contributions which the Participants have made from the
   beginning of the operation of the Task, and for that purpose shall take into account the
   contributions and any outstanding obligations of former Contracting Parties. Disputes
   with a former Contracting Party about the proportion allocated to it under this paragraph
   shall be settled under Article 9 (d) hereof, for which purpose a former Contracting Party
   shall be regarded as a Contracting Party.
 . (d)           Amendment. This Agreement may be amended at any time by the Executive
 . Committee, acting by unanimity, and any Annex to this Agreement may be amended at
   any time by the Executive Committee,, acting by unanimity of the Participants in the Task
   to which the Annex refers.   Such amendments shall come into force in a manner determined
   by the Executive Committee, acting under the voting rule applicable to the decision to
   adopt the amendment.
   (e)           Deposit. The original of this Agreement shall be deposited with the Executive
   Director of the Agency and a certified copy thereof shall be furnished to each Contracting
   Party. A copy of this Agreement shall be furnished to each Agency Participating Country,
   and to each Member country of the Organisation for Economic Co-operation and
   Development. ,
                   $
. Done in Paris, this 5th day of October, 1977.                                .       •
 ---pagebreak--- For the EUROPEAN ATOMIC ENERGY COMMUNITY (EURATOM)
[JAPAN]
[SWITZERLAND]
[For the UNITED STATES ENERGY RESEARCH
AND DEVELOPMENT ADMINISTRATION
for and on behalf of the Government
of the United States of America:
or
For the UNITED STATES DEPARTMENT OF ENERGY
for and on behalf of the Government
of the United States of America]:
 ---pagebreak---                                          -/τ-
                                          Annex I
                                    LARGE COIL TASK
1.   Objectives
           The Large Coil Task shall be undertaken in order to obtain experimental data,
to demonstrate reliable operation of large superconducting coils, and to prove the design
principles and fabrication techniques proposed for the magnets in a tokamak Experimental
Power Reactor.
2.  Means
           The Participants shall implement the Large Coil Task, on a task-sharing basis
as provided in the Agreement iini this Annex.
           (a)  Planning and Construction of the Large Coil Test Facility (LCTF)
                (1)   In consultation with the other Participants, the Operating Agent shall
                      fund, design, construct and operate the LCTF as described in
                      document IEA/CRD(77)57, which may be amended by the Executive
                      Committee, acting by unanimity. As the design of the LCTF
                      progresses, the Operating Agent shall keep the other Participants
                      informed on any major additional elements of facility design and its
                      capabilities.
                (2)   The Participants shall make suggestions relating to the planning and
                      design of the LCTF.
           (b)  Design and Fabrication of Test Coils
                Each of the Participants shall design, fabricate, and deliver to the LCTF
                in Oak Ridge, Tennessee, U.S.A., one or more of its superconducting coils
                conforming to the parameters contained in document IEA/CRD(77)57
                which may be amended by the Executive Committee, acting by unanimity.
                                                                        «
           (c)  Assembly and Testing of Coils in a Compact Torus Array in the LCTF
                (1)   The Operating Agent shall accept a maximum of three non-U.S.
                      origin coils in the first test assembly. The Operating Agent shall
                      also provide computer time to the Participants as required for the
                      conduct of the Test Programme referred to in paragraph 2(e) below.
                (2)   Each Participant shall participate in the Test Programme in accord
                      ance with its terms. Each Participant shall also provide all special
                      equipment necessary for the incorporation of its coils into the LCTF
                      and for the conduct of tests not provided for in the Test Programme.
                                           15
 ---pagebreak---                                  - Ik-
 (d) Task-Related Information Exchanges and Visits
 (1 ) Each Participant shall report on the progress on subsize coil design
       and fabrication to all other Participants as the information becomes
       available.      Each Participant shall report anticipated helium coil
       cooling requirements to the Operating Agent.
(2) Each Participant shall supply the following information to the
       Operating Agent at least thirty days in advance of delivery of its
      coils to the LCTF site:
           (i) Bate of delivery of the coils to the test site;
         (ii)  Method of delivery and agent utilised ;
        (in) Total weight of coils and crates ;
        (iv)   Overall crate dimensions ;
         (v) Any special precautions that should be taken during handling
               of the coils ;
        (vi) Manner in which the coils can be lifted (i.e. suspended through
               a single point or by a cradle under the crate);
       (vii)   Names of people that will be either accompanying the coils
               or will help uncrate and check out the condition of the coils ;
               and
      (viii)   Names of people that will help to test the coils.
      The Participants shall contact the Operating Agent a few months
      before shipping their coils in order to determine if there are any
      changes to or added requirements besides those enumerated above.
(3)   Each Participant should, at the time of the delivery of its coils to the
      LCTF site, distribute the following information to the other Parti-
      pants subject to the provisions of paragraph 5 below , and to
       the extent that the information is not proprietary .
           (i)  Description of the coils, including drawings and materials
                uscd ;
          (ii)  Detailed design data of the coils and superconductors ;
         (Hi) Back-up analysis and test data that was utilised to evolve the
                design of the coils ;
          (iv)  Description of fabrication methods of the coils and super
                 conductors ; and
           (v)  Anticipated performance of the coils.
 ---pagebreak---                                             -(ψ-
                    (4)   Each Participant shall use its best efforts to arrange visits for the
    -                     other Participants to coil fabrication installations in its country.
            (e)    Detailed Test Procedures
                 . Detailed procedures for the conduct of tests ("The Test Programme") shall,
                    not later than 31st December, 1979, be adopted by the Executive Com
                   mittee, acting by unanimity, in agreement with the Operating Agent.
'3.   Administration and Staff (Supplementing Article 5 of the Agreement)
           (a)     Administration of Task. The Operating Agent shall have sole responsibility
              :    for the administration and provision of staff for this Task ; remuneration
                   of the staff of the Task shall be the sole responsibility of the Operating
                   Agent. The Operating Agent shall adhere to the LCTF and Test Coil
                   Procurement Programme to be adopted by the Executive Committee, acting
                   by unanimity.
           (b)' . Access to Test Facility. Each Participant may schedule visits by its
                   personnel to the LCTF during the period of the Agreement. The Operating
                   Agent shall accept a maximum of three officials from, each of the other
                   Participants at the LCTF site at any one time without prior notification :
                   the acceptance of additional officials shall be subject to the prior approval
                   of the Operating Agent. In addition to making the necessary arrangements
                   to facilitate access of Participants to the LCTF site, the Operating Agent
                   shall also provide office space at the LCTF site to the other Participants.
 4.   Funding and Rules of Procurement
           (a) Costs of Participation.       The Operating Agent shall bear the co$t of funding,
                   designing, constructing, and operating the LCTF. Each of the other
                   Participants shall bear the costs it incurs in carrying out this Agreement,
                   including the costs of formulating and transmitting reports, of designing,
                   fabricating, delivering, and repatriating test coils, of reimbursing its
                   employees for travel and other per diem expenses, and of payment for the
                   salaries, insurance, and allowances to be paid to its personnel incurred in
                   connection with work carried out on the Task . The repatriation of test
                   coils shall be the sole responsibility of the Participant supplying the test
                   coils, which shall make all arrangements and bear all responsibility for
                   removal of the coils from the LCTF. 'The 'other Participants shall also
                   provide all special equipment necessary for the incorporation of coils into
                   the LCTF and for the conduct of tests not included in the agreed Test
                   Programme.
           (b)     Rules of Procurement. The Operating Agent may enter into agreements
                   for the appointment of consultants, the construction of plant, and the
                   procurement of materials in pursuit of the Task in accordance with its
                   procurement regulations.
 ---pagebreak--- 5. Information and Intellectual Property
        (a)   Executive Committee's Powers. The publication, distribution, handling,
              protection and ownership of . information and intellectual property, and
              rules and procedures related thereto, shall be determined by the Executive
              Committee in conformity with the Agreement.
        (b)   Right to Publish. Subject only to the restrictions applying to patents and
              copyrights, the Participants shall have the right to publish all information
              provided to or an'sing from this Project except proprietary information .
              For the purposes of this paragraph, proprietary information shall mean
              information of a confidential nature such as trade secrets and know-how
              (for example, computer programmes, design procedures and techniques,
              chemical composition of materials, or manufacturing methods, processes,
              or treatments) which are appropriately marked, provided such information:
              (1 )   Is not generally known or publicly availa'Jj from other sources ;
              (2)    Has not previously been made available by the ow.icr io others without
                     obligations concerning its confidentiality ; and
              (3)    Is not already in the possession of the Operr.:ing Agent or Participants
                     without obligation concerning its confidentiality.
        (c)  Marking of Proprietary Information . It shall be the responsibility of each
              Participant to identify information it furnishes which qualifies as proprietary
              information under this paragraph and insure that it is appropriately marked .
              The Participants shall take all necessary measures in accordance with this
              paragraph, the laws of their respective countries and international law to
              protect proprietary information .
        (d)   Production of Relevant Information by Participants. The test facility and
              associated buildings and facilities to be used in this Task are being supplied
              by the Operating Agent, and the Operating Agent and the other Participants
              will be supplying superconducting coils to be tested in the test facility.
              Each Participant should endeavour to make available, or identify in the
              context of the Task , pre-existing information and information developed
              independently of the Task , known to it , which is relevant to the Task and
              which can be made available to the Task without contractual or legal
              limitation . Each Participant supplying a superconducting coil to be tested
              under this Task shall supply to the Operating Agent full and complete
              information regarding the design , physical properties, operating character
              istics, materials and construction of the superconducting coils supplied
              including proprietary information ( hereinafter referred to as " design
              information "), but need not supply information regarding the methods or
              processes by which the coils, their subcomponents or their materials were
              manufactured ( hereinafter referred to as " manufacturing information ").
         (e)  Reports on Information Relevant to the Task . Reports containing infor
              mation arising in the course of or under the Agreement ("arising infor-
                                           18
 ---pagebreak---                                       - ί <* .
         mation") and pre-existing information necessary for and used in the Task,
         including coil design information, both proprietary and freely available,
         shall be provided to the Operating Agent by each Participant and shall'
         cover the work performed by the Participant on the superconducting coils
         supplied. A report summarising the work performed by each Participant
         and the Operating Agent, excluding proprietary information, shall be
         prepared by the Operating Agent and forwarded to the Executive Com
         mittee.  •
(j)     Licensing of Inventions and Information. Each Participant agrees to
        license, all pre-existing inventions and all pre-existing design information,
        including proprietary information owned or controlled by the Contracting
        Party which are necessary for utilising or testing, or which were incorporated .
        in the superconducting coils supplied by that Participant to the Operating
      uiAgent as non-exclusive, royalty-free basis for use in the Task only. Each
         Participant also agrees to license all arising ddsign information
    p including proprietary information , and all information identified
         in paragraph 2 ( d ) of this Annex , on a non-exclusive , royalty
         basis to the Operating Agent for use in the task onty .
(g)     Licensing Design and Manufacturing Information for Research, Devel
        opment or Demonstration Programmes. Each Participant agrees to license
        all pre-existing design information, including proprietary information ,
        owned or controlled by the Participant, which is necessary for utilising
        or manufacturing, or which was- incorporated in the superconducting coils
        supplied by that Participant, and all arising design information, including
        proprietary information, regarding the superconducting coils supplied by
     ' the Participant, to the other Participants on a non-exclusive, royalty-free
        basis for use in the research, development and demonstration programmes
        only of the other Participants. Each Participant similarly agrees to license
        on the same basis and for the same purpose all pre-existing manufacturing
        information, including proprietary information, necessary for utilising or
        manufacturing, or which was incorporated . in the superconducting coils
        supplied by that Participant and arising manufacturing information, includ
        ing proprietary information, but only if that Participant cannot supply
    . additional superconducting coils, subcomponents or materials therefor at
        reasonable prices and within a reasonable time which are necessary for use .
        in the research, development or demonstration programmes of the other
        Participants. Each Participant also agrees to license any pre-existing and
        arising invention owned or controlled by that Participant which is necessary
      . for the utilisation or manufacture, or which was incorporated in the super
        conducting coils supplied by that Participant, to the other Participants on
        a non-exclusive, royalty-free basis for use in the research, development and
        demonstration programmes of the other Participants.
(h) Licensing for Commercial Use. Each Participant agrees to license all pre
        existing inventions and all pre-existing design and manufacturing infor
        mation, including proprietary information, owned or controlled by the
        Participant which are necessary for utilising or manufacturing, or which
        were incorporated in the superconducting coils supplied by that Participant,
        to the other Participants, their governments and the nationals of their
                                       -. 3" •
 ---pagebreak---                                         10 -
       respective countries designated by them for commercial purposes on
       favourable terms and conditions taking into account the equities of the
       Participants based upon the sharing of obligations, contributions, rights^
       and benefits of all Participants .
(i)    Licensing of Inventions and Information Arising from the Task. Inven
       tions made or conceived in the course of or under the Agreement ("arising
       inventions") and arising design and manufacturing information, including
       proprietary information, shall be owned in all countries by the inventing
       Participant. Each Participant shall license such arising inventions and
       information to the other Participants, their governments and the nationals
       of their respective countries designated by them for commercial purposes in
       all other countries on favourable terms and conditions taking into account
       the equities of the Participants based upon the sharing of obligations,
       contributions, rights and benefits of all Participants under the Agreement.
(})    Licensing to Agency Participating Countries. . Each Participant agrees to
       license all arising information and inventions to all Agency Participating
       Countries on reasonable terms and conditions for use in their own country
     . in order to meet their own energy needs.
(k)    Production of Information or Inventions Subject to Limitations. In
       situations where a Participant only partially owns or controls pre-existing
       information or inventions which are required to be licensed in the preceding
       sections of this paragraph, the Participant should endeavour to report that
       fact to the Participants and will use its best efforts to insure that the licens
       ing as stipulated above is carried out and that the Participant will obtain
       no more benefit from such licensing than is provided for in this paragraph.
(I)    Copyrights.    Each Participant may take appropriate measures necessary to
       protect copyrightable material generated by it under the Agreement.
       Copyrights obtained shall be the property of the Participant, provided
       however, that the other Participants may reproduce and distribute such
    • material, but shall not publish it with a view to profit.-
(m) Co-operation from Authors and Inventors. Each Participant will, without
       prejudice, to any rights of inventors or authors under its national laws,
       take all necessary steps to provide the co-operation from its authors and
       inventors required to carry out the provisions of this paragraph. Each
       Participant will assume the responsibility to pay awards or compensation
       required to be paid to its employees according to the laws of its country.
(n)    "National" of a Participant. The Participants may establish guidelines to
        determine what constitutes a "national" of a Participant provided, however,
        in recognition of the fact that all the fusion power research and devel
        opment programmes of the individual Member states of the European
        Atomic Energy Community ( EURATOM) arc carried out jointly in the
        framework of EURATOM, and that EURATOM acts on behalf of itself
        and its associated national organisations in fusion power research and
                                                                                *
 ---pagebreak---                   development, the governments and countries referred to in sub-paragraphs
                  (h) and (i) above shall, with respect to EURATOM, be understood to the
                  governments and countries of the Member states of EURATOM. Disputes
                  that cannot be settled by the Participants shall be settled under Article 9 (d)
                  of the Agreement.
6. Specific Responsibilities of the Operating Agent
           The Operating Agent shall develop and deliver to the other Participants periodic
reports, at intervals mutually agreed upon, on the ongoing evaluations of systems perfor
mance resulting from execution of the Task described in this Annex. Further, the
Operating Agent shall be responsible for taking all steps required to implement the Task
in accordance with this Annex and with the decisions of the Executive Committee.             Such
responsibility shall include, but not be limited to:        .            .
           (1)   Operating all test equipment and such instrumentation which may be
                  installed in accordance with the Task;
           (2)    Recording the results of the operation of the experiments.
 7.   Operating Agent
             *                                     »
           The Operating Agent for the Task shall be the United States Energy Research
 and Development Administration [or the United States Department of Energy],. which
 intends to act through the Fusion Energy Division of the Oak Ridge National Laboratory.
 8. Responsibility, Insurance and Indemnity                                      •
            (a)   Liability of Operating Agent and Participants. Article 8 (a) of the
                  Agreement shall not apply to the Task. The Operating Agent shall use
                  all reasonable skill and care in carrying out its duties under this Agreement
                  in accordance with all applicable laws and regulations. ' Except as other
                  wise provided in this paragraph, the cost of all damage to a Participant's
                  property and all its legal liabilities, claims, actions, and all its costs and
                  expenses connected with participation in the Task shall be borne by the
                  Participant.
            (b) Insurance. Article 8 (b) of the Agreement shall not apply to the Task.
                  Each Participant shall obtain and carry the necessary liability, fire, accident,
                  and other insurance relating to its property and its personnel to participate
                . in the Project. The cost of obtaining and maintaining insurance shall be
                  borne by each Participant.
            (c) Indemnification of Participants.       Article 8 (c) ( 1 ) of the Agreement shall
                  not apply to the Task.
 ---pagebreak--- 9.   Suspension of Obligations
           The obligations cf each of the Participants shall be suspended for any period
during which such Participant is prevented or substantially hindered from complying there
with in whole or part by any cause beyond its control including, but not limited to acts
of God, unavoidable accidents, laws, rules, regulations ' or orders, or any national, state,
governmental or local authority, acts of war or conditions arising out of or attributable to
war, strikes, lockouts or other disputes v/ith workpeople, shortages of materials, equipment
or labour or shortages of or delays in transportation; the Participant so prevented or
hindered shall give notice to the other Participants promptly after the start and finish of
such prevention or hindrance.
10.    Time Period
           This Annex shall remain in force until 30th September, 1982, or until the
completion of the Test Programme. This Annex may continue in force thereafter during
the life of the Agreement by decision of the Executive Committee, acting by unanimity.
11 . Participants in this Task_              __                         _       _
           The Contracting Parties which are Participants in this Task are the following;
           The European Atomic Energy Community (EURATOM)
           [Japan] ■
           [Switzerland]
           [The United States Energy Research and Development Administration
           or
           The United States Department of Energy]
 ---pagebreak---                                                                     Allegato C
                                  PROGETTO DI
                            DECISIONE DEL CONSIGLIO
          RIGUARDANTE UNA DIRETTIVA ALLA COMMISSIONE IN MERITO ALLA
      PARTECIPAZIONE DELLA CEEA A DUE ACCORDI DI RICERCA E DI SVILUPPO
        NEL SETTORE DELLA FUSIONE TERMONUCLEARE CONTROLLATA PREPARATI
        SOTTO L'EGIDA DELL' AGENZIA INTERNAZIONALE DELL'ENERGIA (OCSE )
Il Consiglio delle Comunità europee ,
visto il trattato che istituisce la Comunità europea per l' energia atomica
( GEEA ), in particolare il comma secondo dell' articolo 101 ,
visto il progetto preparato dalla Commissione ,
considerando che l' Agenzia internazionale per l' energia (AIE ), istituita il
15 novembre 1974 con decisione del Consiglio (OCSE ) quale organo autonomo
in seno all' organizzazione , ha approvato il 25 luglio 1975 » con decisione
del suo comitato direttivo , dei "principi informatori " nel settore della
ricerca e dello sviluppo in campo energetico ;
considerando che , alla stessa data , il comitato direttivo dell 'AIE ha appro
vato in particolare un programma di cooperazione nel settore della fusione
termonucleare controllata ;
considerando che , in conformità dell' articolo 4 » lettera c ), dei suddetti
"principi informatori ", le Comunità europee possono partecipare ad ogni pro
gramma o ad ogni progetto di ricerca e sviluppo svolto in cooperazione
sotto l' egida dell 'AIE ;
 ---pagebreak--- considerando che fra la CEE e la CEEA , da una parte , e l' AIE , dall' altra ,
è avvenuto rispettivaaente il 24 giugno 1976 e il 6 luglio 1976 uno scam
bio di lettere nel quale :
- da un lato , la CEE e la CEEA precisano la loro intenzione di cooperare
   con l' AIE ad attività di ricerca e di sviluppo quando tale cooperazione
  contribuisca al oonseguimento degli obiettivi di ricerca e sviluppo delle
  Comunità europee in campo energetico ;
  la cooperazione potrà essere attuata attraverso la partecipazione delle
  Comunità a programmi e progetti dell' AIE . In particolare , la Commissione
  delle Comunità europee negozierà , di volta in volta , accordi di esecuzione
  in conformità delle disposizioni dei trattati che istituiscono le Comu
  nità europee ;
- dall' altro , l' AIE prende atto di tale intenzione e conferma ohe le Comu
  nità europee possono partecipare a tali attività ;
considerando che , sotto l' egida dell 'AIE , è stato preparato un progetto di
accordo di esecuzione per un programma di ricerca e di sviluppo sull' inte
razione tra plasma e pareti di contenimento in Textor e un progetto di ac
cordo di esecuzione per un programma di ricerca e sviluppo su magneti super-
conduttori per centrali a fusione ;
considerando che , con decisione del Consiglio del 25 marzo 1976 » è stato
adottato un programma di ricerca e d' insegnamento ( 1976-1980 ) per la CEEA
nel settore della fusione e della fisica del plasma ,
DECIDE ;
                                Articolo 1
La Commissione negozierà la partecipazione della CEEA all' accordo di
esecuzione per un programma di ricerca e sviluppo sull' interazione tra
plasma e pareti di contenimento in Textor e all' azione descritta nell' al
legato all' accordo »
 ---pagebreak---                              Articolo 2
La Commissione negoziera la partecipazione della CEEA all' accordo di
esecuzione per un programma di ricerca e sviluppo sui magneti super-
oonduttori per centrali a fusione e all' azione descritta nell' allegato
all' accordo .
 ---pagebreak---                                  - -d. -
                                                                    Allegato D
             PROGETTO DI DECISIONE DEL CONSIGLIO CHE APPROVA
1 * l' accordo di esecuzione per un programma di ricerca e sviluppo sul
    l' interazione tra plasma e pareti di contenimento in Textor ;
2 . l' accordo di esecuzione per un programma di ricerca e sviluppo sui
    magneti superconduttori per centrali a fusione
Il Consiglio delle Comunità europee ,
visto il trattato che istituisce la Comunità europea per l' energia atomica ,
in particolare il comma secondo dell' articolo 101 ,
visto lo scambio di lettere avvenuto tra la Commissione delle Comunità
europee e l' Agenzia intemazionale per l' energia (AIE ) nel quale si afferma
l' intenzione delle Comunità europee di partecipare ad alcuni accordi di
ricerca e sviluppo preparati sotto l' egida dell' AIE ,
considerando che la Commissione ha negoziato la sua partecipazione in confor
mità delle direttive del Consiglio e intende concludere l' accordo di esecu
zione per un programma di ricerca e sviluppo sull' interazione tra plasma
e pareti di contenimento in Textor e l' accordo di esecuzione per un program
ma di ricerca e sviluppo sui magneti superconduttori per centrali a fusione ,
preparati sotto l' egida dell' Agenzia internazionale dell' energia ;
considerando che è opportuno approvare la conclusione di questi due accordi ,
DECIDES
                                Articolo 1
E' approvata la conclusione dell' accordo di esecuzione per un programma di
ricerca e sviluppo sull' interazione tra plasma e pareti di contenimento
in Textor .
                                Articolo 2
E' approvata la conclusione dell' accordo di esecuzione per un programma di
ricerca e sviluppo sui magneti superconduttori per centrali a fusione »
 ---pagebreak---                            SCHEDA FINANZIARIA
Accordo di esecuzione di un programma di ricerca e di sviluppo sull' in
terazione tra il plasma in Textor e la parete di contenimento .
Accordo di esecuzione di un programma di ricerca e di sviluppo sui magneti
superconduttori per centrali a fusione#
La partecipazione della Comunità a tali accordi non implica obblighi
finanziari oltre a quelli approvati per i contratti di associazione già
conclusi , Cfr . "Fusione e fisica del plasma" capitolo 3 « 20 .
Firmando tali accordi l'Euratom assumerà alcuni compiti specifici »