TREATIES AND OTHER INTERNATIONAL ACTS SERIES 15-1218.2

________________________________________________________________________

SCIENTIFIC AND TECHNICAL COOPERATION

Experiments

Protocol II Between the 

UNITED STATES OF AMERICA

and the EUROPEAN ORGANIZATION FOR 

NUCLEAR RESEARCH

To Agreement of May 7, 2015

Signed at Geneva December 18, 2015

 
 NOTE BY THE DEPARTMENT OF STATE

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 EUROPEAN ORGANIZATION FOR 

 NUCLEAR RESEARCH

 Scientific and Technical Cooperation:

 Experiments

 Protocol II to agreement of May 7, 2015.

 Signed at Geneva December 18, 2015;

 Entered into force December 18, 2015.

 
EXPERIMENTS PROTOCOL II 

between 

THE DEPARTMENT OF ENERGY 

OF THE UNITED STATES OF AMERICA (DOE) 

and 

THE NATIONAL SCIENCE FOUNDATION 

OF THE UNITED STATES OF AMERICA (NSF) 

and 

THE EUROPEAN ORGANIZATION 

FOR NUCLEAR RESEARCH (CERN) 

to 

THE CO-OPERATION AGREEMENT 

concerning 

SCIENTIFIC AND TECHNICAL CO-OPERATION 

IN NUCLEAR AND PARTICLE PHYSICS 

2015 
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The Department of Energy of the United States of America ("DOE"), 

and 

The National Science Foundation of the United States of America ("NSF"), 

on the one hand, 

and 

The European Organization for Nuclear Research ("CERN"), an 

Intergovernmental Organization having its seat at Geneva, Switzerland, 

on the other hand, 

(hereafter collectively referred to as "the Parties"): 

CONSIDERING: 

That the Parties collaborated to their mutual benefit under the International 

Co-Operation Agreement Concerning Scientific and Technical Co-Operation 

on Large Hadron Collider (LHC) Activities signed December 8, 1997; 

That the Parties successfully collaborated in the design, fabrication, and 

operation of the two major detector facilities, ATLAS and CMS, under an 

Experiments Protocol I signed December 19, 1997; 

That the Parties renewed their collaboration under the Co-Operation 

Agreement Concerning Scientific and Technical Co-Operation in Nuclear and 

Particle Physics signed May 7, 2015 (hereinafter the "2015 Co-Operation 

Agreement"); 

That United States universities and national laboratories play a major role in 

the ongoing exploitation of the ATLAS and CMS detectors; 

That at the same time the participation of U.S. scientists benefits the CERN 

program by providing intellectual and financial · resources that allow 

substantial improvement in the capabilities of the detectors, and therefore a 
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greatly enhanced research program at the u energy frontier" of elementary 

particle physics; 

That the excellent experimental results obtained so far strongly support 

revising the ATLAS and CMS performance reach for particle physics, and 

meeting the requirements commensurate with the LHC Accelerator 

increasing the nominal luminosity by a factor of ten; 

That the construction and commissioning of the ATLAS and CMS detectors is 

to be completed through consolidation to its nominal performance; and 

That it is in the mutual interest of the Parties to continue and extend their 

co-operation on the LHC experiments' consolidation plan and detector 

upgrades, under this Experiments Protocol II (hereinafter ~~Protocol"), 

HAVE AGREED AS FOLLOWS: 

Article 1 

Purpose 

The purpose of this Protocol is to define the framework under which DOE 

and NSF, the U.S. funding agencies, and their grantees and DOE national 

laboratories (hereinafter collectively referred to as the 11U.S. Participants"), 

will participate in the particle physics programs in ATLAS and CMS detector 

collaborations under the auspices of CERN (hereinafter the 11Collaboratiot:ts"). 

These activities will include increasing significantly the physics reach of the 

detectors to the benefit of the LHC experiments through construction of 

techrrologically advanced detectors in order to take full advantage of the 

increase of the LHC accelerator's nominal luminosity by a factor of ten. The 

resulting increase in capabilities will facilitate and support the continued 

participation of the large United States particle physics community engaged 

at the LHC during the High-Luminosity LHC (hereinafter 11HL-LHC11) 

running period. 
---

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Article 2 

Participation by U.S. Institutions in the Collaborations 

Each Collaboration shall maintain a process, as defined in a Memorandum of 

Understanding, for admitting participating institutions which shall apply 

equally to both CERN Member States and non-Member States. DOE national 

laboratories and grantees of DOE and NSF, including partnering universities, 

will be entitled to participate in the Collaborations in accordance with 

applicable Memoranda of Understanding. 

Article 3 

Organization of U.S. Participants in the Collaborations 

The U.S. particle physics Participants in each Collaboration shall form an 

organization (hereinafter "U.S. Collaboration Organization") to co-ordinate 

within the framework of the overall Collaboration of which they are an 

integral part. Each U.S. Collaboration Organization shall designate a national 

contact for DOE and for NSF, respectively, to represent the U.S. Collaboration 

Organization within its respective international Collaboration, and shall 

establish its own Project Management Plan, which will describe the U.S. 

Collaboration Organization and distribution of management responsibilities. 

The national contacts shall represent the U.S. Collaboration Organizations 

before DOE and NSF (hereinafter the "U.S. side"), and be responsible to the 

Collaborations for U.S. technical and budget-planning activities in particle 

physics. 

Article 4 

CERN LHC Resources Review Boards 

The CERN LHC Resources Review Boards for the Collaborations, composed 

of representatives of each participating funding agency, shall monitor and 

oversee resource-related matters concerning implementation of this Protocol. 

DOE and NSF shall be full members of these LHC Resources Review Boards. 
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Article 5 

Memoranda of Understanding 

The final responsibilities for the construction of the ATLAS and CMS detector 

upgrades for the HL-LHC shall be specified in Memoranda of Understanding 

("MOUs"), one per experiment, with the concurrence of the CERN LHC 

Resources Review Boards. Subsystem Technical Design Reports on the 

scientific and technical aspects of the detectors shall be submitted by the 

Collaborations to CERN for approval and shall be the basis for the 

commitments specified in the MOUs. Each MOU shall cover the actual 

construction of the relevant detector and its installation in the underground 

experimental area, and shall include the distribution of tasks and other 

responsibilities for all participating institutions, including those from the 

United States, as well as the organizational, managerial, and financial 

guidelines to be followed by each Collaboration. 

Article 6 

Responsibilities of U.S. Participants in the Collaborations 

6.1 The U.S. Participants shall have responsibilities for R&D, engineering 

design, prototyping, fabrication, and normal maintenance and 

operation of detector subsystems and components, as agreed to and 

described in the MOUs and their addenda. 

6.2 The U.S. Participants shall provide specified equipment to be built by 

or under the supervision of U.S. institutions for the HL-LHC upgrades 

to the ATLAS and CMS detectors. They shall also contribute, in whole 

or in part, to the provision of items of a largely i:r:tdustrial nature 

considered as part of common projects which are the responsibility of 

the overall Collaboration (hereafter "Common Projects"). Such items 

shall be funded directly or indirectly by all participants in the 

Collaborations, in accordance with the provisions of the MOUs, and 

their provision shall be subject to the approval of the CERN LHC 

Resources Review Boards. 

6.3 Requirements for cash contributions from U.S. Participants in the 

Collaborations, including contributions to "Common Funds" for costs 

associated with Common Projects, shall be specified in the MOUs. 
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Responsibility for such contributions shall be in accordance with 

Article 7 below, and shall be limited to the amounts stated in the 

MOUs, except by mutual agreement among CERN, the Collaborations, 

and the U.S. side. 

Article 7 

Funding of U.S. Participation in the Collaborations 

7.1 The U.S. Participants shall contribute their expertise and resources to 

the detector research, development and construction phases of the HLLHC detector upgrades of the ATLAS and CMS detectors. Subject to 

availability of appropriated funds, DOE's and NSF's total contributions 

to the HL-LHC Upgrade Program shall be specified and incorporated 

under separate implementing arrangements in the form of Addenda to 

this Protocol, and shall also be detailed in provisions of the MOUs 

concerned. DOE and NSF shall each be responsible for their respective 

funding commitments. The application of any funds specified in these 

Addenda to the detector system costs will follow standard DOE and 

NSF accounting practices. · 

7.2 Detector system cost E7stimates presented to and reviewed by CERN 

will utilize CERN accounting policies and practices. The U.S. side will 

assume no responsibility with respect to the validity of such cost 

estimates for the U.S. Participants' contributions. 

7.3 Funds provided by U.S. Participants under this Protocol for ATLAS 

and CMS detector upgrades shall only be used for those U.S. 

responsibilities identified in Article 6 above and the associated MOUs. 

Article 8 

Responsibilities of CERN 

8.1 The general obligations of CERN as host laboratory, and of the 

participating institutions, are specified in the document "General 

Conditions Applicable to Experiments at CERN", which is hereby 

incorporated by reference and considered a part of this Protocol. The 
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Financial Guidelines for LHC Collaborations (CERN/FC/3796 and 

CERN/FC/3796/Rev.; original dated September 14, 1995, revised 

September 4, 1998) is also considered a part of this Protocol. 

8.2 The Parties understand that the design, fabrication, and operation of 

the detectors shall be managed by the Collaborations, respectively, 

with CERN having oversight responsibilities and providing 

continuous monitoring through CERN's Research Board and its LHC 

Experiments Committee. The Research Board is responsible for the 

oversight of CERN's research programs and is chaired by the 

Director-General, whereas the LHC Experiments Committee reviews 

the scientific and technical progress of the LHC experiments, and 

reports to the Research Board. 

8.3 The Technical Co-ordinators of the Collaborations shall be CERN staff 

members, and shall have overall responsibilities for technical aspects of 

detector construction. Their responsibilities shall include integration of 

the subdetectors, safety, infrastructure at CERN, surface and 

experimental areas, services, installation, machine interface, and test 

beams. 

8.4 Similarly, the Resource Co-ordinators of the Collaborations shall be 

CERN staff members, and shall have the responsibility for monitoring 

the financial aspects of the detector projects, including budget and 

resource planning and the MOUs, as well as the responsibility for the 

financial aspects of the Common Projects and associated Common 

Funds. 

8.5 CERN shall have the responsibility to approve the appointments of the 

Technical and Resource Co-ordinators, and to ensure that they have 

the staff and engineering support required to carry out their 

responsibilities. It shall be CERN's overall responsibility to use 

reasonable efforts to ensure that there is a satisfactory match between 

the available resources (including funding and manpower) and the 

approved detector projects. CERN, through the Resource and 

Technical Co-ordinators, shall have oversight responsibility for 

Common Projects and Common Funds. 
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Article 9 

CERN Support for U.S. Scientists 

CERN shall provide to U.S. scientists participating in the Collaborations on 

behalf of U.S. Participants the same level of facility support that it normally 

provides to all its visiting scientists. 

Article 10 

Entry into Force, Duration, and Termination 

This Protocol shall enter into force upon signature by the Parties. This 

Protocol shall remain in force for an initial period of five years and shall 

thereafter be renewed automatically, each time for a new period of five years, 

unless a written notice of termination is given by one Party to the other Party, 

or the Parties have agreed on its renewal by another period, at least six 

months prior to the renewal date, so long as the 2015 Co-Operation 

Agreement remains in force. 

Article 11 

Amendment 

The Parties may amend this Protocol at any time by mutual written consent, 

so long as the 2015 Co-Operation Agreement remains in force. Implementing 

arrangements in the form of Addenda to this Protocol, which shall be subject 

to formal review by the Government of the United States and by CERN, are 

the preferred vehicles for legally-binding alterations or additions. 

Article 12 

Final Provisions 

12.1 Each Party's participation in the activities contemplated by this 

Protocol is subject to the availability of appropriated funds, personnel, 

and other resources. 
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12.2 This Protocol is subject to and governed by the terms of the 2015 

Co-Operation Agreement. 

DONE at Geneva, Switzerland, in triplicate in the English language, on 

18 December 2015 

FOR THE DEPARTMENT 

OF ENERGY OF THE UNITED 

STATES OF AMERICA: 

Pamela Hamamoto 

Permanent Representative of the 

United States of America to the 

United Nations and Other 

International Organizations in 

Geneva 

FOR THE NATIONAL SCIENCE 

FOUNDATION OF THE UNITED 

STATES OF AMERICA: 

Pamela Hamamoto 

Permanent Representative of the 

United States of America to the 

United Nations and Other 

International Organizations in 

Geneva 

FOR THE EUROPEAN 

ORGANIZATION FOR NUCLEAR 

RESEARCH: 

·Rolf Heuer 

Director-General