ARCHIVES HISTORIQUES 
DE LA COMMISSION 
 
 
 
COLLECTION RELIEE DES 
DOCUMENTS "COM" 
 
 
 
 
COM (85) 366 
 
 
 
Vol. 1985/0 144 
  
 
Disclaimer  
Conformém ent 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 
règlem ent. 
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 
concerning the openi ng to the public of the historical archives of the European Econom ic 
Community and the European Atomic Energy Communit y (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 f ile 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 198 3 über die Freigabe der historischen Archive der Europäischen  
Wirtschaftsgemeinschaft und der Europäischen Atomgem einschaft (ABI. L 43 vom  15.2.1983,  
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. Septem ber 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.  
COMMISSION OF THE EUROPEAN COMMUNITIES
C0M(85) 366 final  
Brussels, 9 July 1985
COMMUNICATION FROM THE COMMISSION TO THE COUNCIL
An IEA agreement between the European Atomic Energy Communi­
ty represented by the Commission of the European Communities  
and the United States of America, Department of Energy,  
concerning a cooperative programme for the investigation of  
toroidal physics in, and plasma technologies of,  
Tokamaks with poloidal field divertors
C0MC85) 366 final

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL
Re :  An IEA agreement between the European Atomic Energy Community
represented by the Commission of the European Communities and the  
United States of America, Department of Energy, concerning a cooperative  
programme for the investigation of toroidal physics in, and plasma  
technologies of, Tokamaks with poloidal field divertors.
Within the current Community Programme in thermonuclear fusion research the  
main concentration is on the most promising line, namely the Tokamak.
Although the most important Tokamak development project is JET, there are  
a number of significant problems which can be tackled.using smaller Tokamaks.  
The solution of these problems will be beneficial to JET and will contribute  
to the further development of the Tokamak system in general. Two such  
Tokamaks are studied by the association EURATOM-IPP at the Max-Planck-Institut  
fur Plasmaphysik (IPP), Garching bei München, namely ASDEX and ASDEX-Upgrade.  
ASDEX has been in operation since 1980 and ASDEX-UG is scheduled to come  
into operation in 1987. Both of these machines have poloidal field divertors.
An agreement has been drawn up under the auspices of the IEA between EURATOM  
and the US 00E for the investigation of toroidal physics in, and plasma  
technologies of, Tokamaks with poloidal field divertors. The cooperative  
programme will concentrate principally on investigations with ASOEX-UG and  
with ASDEX while the ASDEX-UG experiment is being prepared. The cooperation  
will enhance the value of the Community programme in this field. It should  
be noted that the agreement has been unanimously endorsed by the IPP, the  
IEA and the Consultative Committee of the Fusion Programme.
The agreement provides for cooperation via the following activities :
- exchanges of information and computer codes
- joint workshops and symposia
- exchanges of personnel
- exchanges of equipment, materials and instrumentation
- jointly performed experiments at each other's facilities
- joint development and construction of plasma diagnostics, limiters and  
divertor components
- establishment of a fast computer link between the Magnetic Fusion Energy
Computing Center of the United States Department of Energy and the Computer
Center of the Max Planck Institute for Plasma Physics in Garching
- other areas as are mutually agreed
The Commission informs the Council of its intention to conclude the
attached agreement under the provisions of article 101 paragraph 3 of the
treaty of the European Atomic Energy Community.

INTERNATIONAL ENERGY AGENCY  
IMPLEMENTING AGREEMENT
between
THE COMMISSION OF THE EUROPEAN COMMUNITIES  
represent i  ng
THE EUROPEAN ATOMIC ENERGY COMMUNITY
and
THE UNITED STATES DEPARTMENT OF ENERGY
concerning
A COOPERATIVE PROGRAMME FOR  
THE INVESTIGATION OF TOROIDAL PHYSICS IN,  
AND PLASMA TECHNOLOGIES OF, TOKAMAKS  
WITH POLOIDAL FIELD DIVERTORS

INTERNATIONAL ENERGY AGENCY
IMPLEMENTING AGREEMENT
ON A CO-OPERATIVE PROGRAMME FOR  
THE INVESTIGATION OF TOROIDAL PHYSICS IN,  
AND PLASMA TECHNOLOGIES OF, TOKAMAKS  
WITH POLOIDAL FIELD OIVERTORS

-  2 -
INTERNATIONAL ENERGY AGENCY
IMPLEMENTING AGREEMENT
ON A CO-OPERATIVE PROGRAMME FOR  
THE INVESTIGATION OF TOROIDAL PHYSICS IN,  
AND PLASMA TECHNOLOGIES OF, TOKAMAKS  
WITH POLOIDAL FIELD DIVERTORS
TABLE OF CONTENTS
PREAMBLE
Article I
OBJECTIVE AMD SCOPE
Article 2
IDENTIFICATION AND INITIATION OF TASKS
Article 3
THE EXECUTIVE COMMITTEE
Article A
THE OPERATING AGENTS
Article 5
ADMINISTRATION AND STAFF
Article 6
FINANCE
1821C/22-V.1985

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Article 7
INFORMATION ANO INTELLECTUAL PROPERTY
Article 8
LEGAL RESPONSIBILITY ANO INSURANCE
Article 9
LEGISLATIVE PROVISIONS.
Article 10
ADMISSION AND WITHDRAWAL OF CONTRACTING PARTIES
Article 11
FINAL PROVISIONS
Annex I
JOINT WORK ON THE INVESTIGATION OF  
TOROIDAL PHYSICS AND PLASMA TECHNOLOGIES  
IN ASDEX AND ASDEX-UPGRADE
1821C/22.V.1905

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INTERNATIONAL ENERGY AGENCY  
IMPLEMENTING AGREEMENT
ON A CO-OPERATIVE PROGRAMME FOR THE INVESTIGATION OF  
TOROIOAL PHYSICS IN, A M D PLASMA TECHNOLOGIES OF,
TOKAMAKS WITH POLOIDAL FIELD DIVERTORS
The Contracting Parties
CONSIDERING that the Contracting Parties, being either governments of  
International Energy Agency ("Agency") countries, governments of other  
countries invited by the Governing Board of the Agency to be Contracting  
Parties, international organizations or parties designated by their respective  
governments, wish to conduct a joint programme for the investigation of  
toroidal physics and plasma technologies in tokamaks with poloidal field  
divertors (the "Programme") as provided in this Agreement;
CONSIDERING that the Contracting Parties which are governments of Agency  
countries and the governments of Agency countries which have designated  
Contracting Parties (referred to collectively as the "Governments") 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 energy research and development  
on controlled thermonuclear fusion;
CONSIDERING that in a meeting of the Governing Board of the Agency on  
27th March, 1985 the Governments approved the Programme as a special activity  
under Article 65 of the I.E.P. Agreement;
1821C/22.V.1985

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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;
CONSIDERING that the European Atomic Energy Community (EURATOM) and the  
Max Planck Institute for Plasma Physics at Garching bei München (IPP) have  
established a programme for the experimental investigation of the physics of  
fusion plasmas and related technologies in the ASDEX and ASOEX-Upgrade  
(ASOEX-UG) tokamaks at IPP, and that the programme is an element of this  
Programme;
CONSIDERING that the Contracting Parties recognize the plasma boundary  
and the first wall to be important research areas in fusion power research and  
development, that the development of proper measures to solve problems of  
impurity control, helium ash removal and wall erosion is essential for the  
successful sustained confinement of a burning fusion plasma, and that the  
poloidal field divertor is a high-priority option for solving these problems;
HAVE AGREED as follows:
Article 1
OBJECTIVE AND SCOPE
(a) Objective.  The objective of this Agreement is to conduct a joint  
programme to investigate toroidal physics and plasma technologies in tokamaks  
with poloidal divertors. The programme shall concentrate principally on  
investigations in the ASDEX-UG experiment, and in ASOEX while the ASOEX-UG  
facility is being prepared, with supporting activities using other relevant  
facilities to a limited extent as needed.
1821C/22.V.1905

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(b) Scope of Activity.  The Programme to be carried out by the Contracting  
Parties with-in the framework of this Agreement may consist of:
(1)Exchanges of information and computer codes;
(2)Joint workshops and symposia;
(3)Exchanges of personnel;
(A) Exchanges of equipment, materials and instrumentation;
(5) Jointly-performed experiments at each other's facilities;
(6) Joint development and construction of plasma diagnostics, limiters  
and divertor components;
(7) Establishment of a fast computer link between the Magnetic Fusion  
Energy Computing Center of the United States Department of Energy  
and the Computer Center of the Max Planck Institute for Plasma  
Physics in Garching; and
(8) Other areas as are mutually agreed.
(c) 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".
1021C/22.V.1985

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(d) 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 for all  
Contracting Parties in the field of toroidal physics, boundary physics and  
poloidal divertors.
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 a representative of 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  
accordance with the procedures set forth in Articles 2 to 11 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 procedures:
(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;
1821C/22.V.1985

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(2) Whenever two or more Contracting Parties agree to undertake a new  
Task,, they shall submit a draft Annex for approval by the Executive  
Coirmittee 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 of the Agency  
in the manner provided in paragraph (a) above;
(3) In carrying out the various Tasks, Participants shall co-ordinate  
their activities in order to avoid duplication of activities.
(c) Application of Task Annexes.  Each Annex shall be binding only upon the  
Participants therein and upon the Operating Agent for that Task, and shall not  
affect the rights or obligations of other Contracting Parties.
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  
designated by each Contracting Party; each Contracting Party shall also  
designate two alternate members to serve on the Executive Committee in the  
event that its designated member is unable to do so.
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(c) Responsibilities.  The Executive Committee shall:
(1) For the first year of the Programme, and for each year thereafter,  
acting by unanimity, adopt 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 if necessary; the  
Executive Committee 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  
management of the Programme, 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
(A) Consider any matters submitted to it by any of the Operating Agents  
or by a Contracting Party.
(d) Procedures.  The Executive Committee shall carry out its  
responsibilities in accordance with the following procedures:
(1) The Executive Committee shall elect every two years 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, a representative of each Operating ’  '  
Agent (in its capacity as such), the alternate members of the  
Executive Committee, and other individuals as deemed appropriate by  
the Executive Committee may attend meetings of the Executive  
Committee and its subsidiary bodies in an advisory capacity;
1821C/22.V.1985

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(3) The Executive Committee shall meet in regular session at least once  
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 Executive  
Committee;
(5) At least twenty-eight days before each meeting of the Executive  
Committee, 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);
(7) The Chairman of the Executive Committee shall ensure that minutes  
of each meeting are distributed promptly after the meeting to each  
person or entity entitled to attend the meeting.
(e) Voting.
(1) Each Contracting Party shall have one vote.
(2) 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 recommendations for which no express voting provision is made
1821C/22.V.1985

-  11 -
in this Agreement by a majority vote of the members or alternate  
members present and voting, unless a member or alternate member  
declares that the issue is critical to his interest and requires a  
unanimous vote.
(3) With the agreement of each member or alternate member entitled to  
act thereon, a decision or recommendation may be made by mail,  
telex or cable without the necessity for calling a meeting. Such  
action shall be taken by unanimity or majority of such members as  
in a meeting. The Chairman of the Executive Committee shall ensure  
that all members or alternate members entitled to act thereon are  
informed of each decision or recommendation made pursuant to this  
sub-paragraph.
(f) Reports.  The Executive Committee shall, by 31st January each year,  
provide the Agency with reports containing technically substantive,  
non-proprietary information on the progress of the Programme and its results.
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 with respect to 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:
1821C/22.V.1985

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(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;
(3) 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) Reimbursement 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 government 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
1821C/22.V.1985

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(2) Such Participant or entity is approved in its function of Operating  
Agent, 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, in  
accordance with Article 6(f) hereof.
(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.
(h) Information and Reports.  The 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.
Article 5
ADMINSTRATICN AMD STAFF
(a) Administration of Tasks.  The Operating Agent shall be responsible to  
the Executive Committee for implementing each designated Task in accordance  
with this Agreement, the applicable Task Annex, and the decisions of the  
Executive Committee.
(b) 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
1821C/22.V.1985

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also, as required, utilize the services of personnel employed by other  
Participants- (or. organizations or other entities designated by Contracting  
Parties) and made available to the Operating Agent by secondment 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 Financial 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  
apportionment of contributions to such costs (whether in the form of cash,  
services rendered, intellectual 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.
(c) Financial Rules, 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:
1821C/22.V.1985
!

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(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 mimimum 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, the following provisions shall be  
applicable unless the Executive Committee, acting by unanimity, decides  
otherwise:
(1) The financial year of the Task shall correspond to the financial  
year of the Operating Agent;
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(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 and 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 accounts together with the auditors' report to  
the Executive Committee for approval;
(5) All books of account and records maintained by the Operating Agent  
for the Task 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.
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(g) Contribution to Common Funds.  Should Participants agree to establish  
coamon 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 operation of a Task and the cost of such services, including  
overheads connected therewith, may be 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;
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(2) Accounts and records relating to activities of the Operating Agent  
other than those conducted for the Task shall be excluded from such  
audit, 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
(a) 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
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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) Compensation for Damages.  Compensation for damages incurred during the  
implementation of this Agreement shall be in accordance with the applicable  
laws of the countries of the Contracting Parties.
Article 9
LEGISLATIVE PROVISIONS
(a) Accomplishment of Formalities.  Each Participant shall request the  
appropriate authorities of its country (or its Member States in the case of an  
international organization) 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) Appropriation of Funds and Applicable Laws.  In carrying out this  
Agreement and its Annexes, the Contracting Parties shall be subject to the  
appropriation of funds by the appropriate governmental authority, where
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necessary, and to the constitutions, 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.
^  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.
^  5ettlement of Disputes.  Any dispute among the Contracting Parties  
concerning 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 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 concerned. Operating Agents which are  
not Contracting Parties shall be regarded as Contracting Parties for the  
purpose of this paragraph.
1821C/22.V.1905

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Article 10
ADMISSION AND WITHDRAWAL OF CONTRACTING PARTIES
Admission of New Contracting Parties: Agency Countries.  Upon the
invitation of the Executive Committee, acting by unanimity, admission to this  
Agreement shall be open to the government of any Agency Participating Country  
(or a national agency, public organization, private corporation, company or  
other entity designated by such government), which signs or accedes to this  
Agreement, accepts the rights and obligations of a Contracting Party, and is  
accepted for participation in at least one Task by the Participants in that  
Task, acting by unanimity. 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 its giving Notice of Participation in one or more  
Annexes and the adoption of any consequential amendments thereto.
(b) Admission of New Contracting Parties: Other PECO Countries.  The
government 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 organization, private corporation, company  
or other entity to do so), under the conditions stated in paragraph (a) above.
(c) Admission of New Participants in Tasks.  Any Contracting Party may, with  
the agreement of the Participants in a Task, acting by unanimity, become a  
Participant in that Task. Such participation shall become effective upon the  
Contracting Party's giving the Executive Director of the Agency a Notice of  
Participation in the appropriate Task Annex and the adoption of consequential  
amendments thereto.
1821C/22.V.1985

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(d) Contributions.  The Executive Committee may require, as a condition to  
admission to· participation, that the new Contracting Party or new Participant  
shall contribute (in the form of cash, services or materials) an appropriate  
proportion of the prior budget expenditure of any Task in which it  
participates.
(e) Replacement of Contracting Parties.  With the agreement of the Executive  
Connûttee, 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 Contracting Party as provided in paragraph (a)  
above and in accordance with the procedure provided therein.
(f) Withdrawal.  Any Contracting Party may withdraw from this Agreement or  
from any Task 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 one  
year 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; except that, where the other Contracting Parties have contributed to  
common funds for a Task, their proportionate shares in the Task Budget shall  
be adjusted to take account of such withdrawal.
(9) Changes of Status of Contracting Party.  A Contracting Party other than  
a government or an international organization shall forthwith notify the  
Executive Committee 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 :
1821C/22.V.1985

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(1) That^ Contracting Party shall be deemed to have withdrawn from the  
Agreement under paragraph (f) 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 and gives the Executive Director of the  
Agency a Notice of Participation in one or more Annexes.
failure to Eulfil 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.(h)
Article 11 
FINAL PROVISIONS
(a) Term of Agreement.  This Agreement shall remain in force for an initial  
period of ten years from the date hereof. It may be extended by the  
Contracting Parties, acting by unanimity and taking into account any  
recommendation of the Agency's Committee on Energy Research and Development  
concerning the term of the Agreement.
<b) Legal Relationship of Contracting Parties and Participants.  Nothing in  
this Agreement shall be regarded as constituting a partnership betweeen any of  
the Contracting Parties or Participants.
1821C/22.V.1985

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(c; Termiaatic^. Upcn termination of this Agreement, or any Annex to this  
Agreement, tne Executive fommittee, acting by unanimity, shall arrange for the  
liquidation of the assoie of the Task or Tasks. In the event of such  
liquidation, the Executive Committee shall, so far as practicable, distribute  
the assets of the Task., or the proceeds 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 Contracting  
Parties, 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 amendments.
(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 and to the Operating Agents. 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 9th day of July, 1985.
1821C/22.V.1985

I
- 25 -
For the EUROPEAN ATOMIC ENERGY  
COMMUNITY (EURATOM):
i
For the DEPARTMENT OF ENERGY  
for and on behalf of the Government  
of the United States of America:
182IC/22.V.1985

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ANNEX I 
XI NT WORK ON
THE INVESTIGATION OF TOROIDAL PHYSICS  
AND PLASMA TECHNOLOGIES  
IN ASOEX AND ASOEX-UPGRADE
1. Background and Objectives
(a) Background.  ASDEX-Upgrade (ASDEX-UG) is a double null poloidal  
divertor tokamak at the Max Planck Institute for Plasma Physics at  
Garching bei München (IPP) scheduled to begin operation in 1987. It  
has major and minor radii of 1.82 and 0.52 metres respectively. It  
has a capability of 3.2 tesla toroidal magnetic field,
1.5 megaAmpere plasma current, ten second pulse length, and  
15 Megawatts of auxiliary heating. A major characteristic of  
ASDEX-UG will be reactor-relevant poloidal field configurations  
produced by external poloidal divertor coils.
Asdex is a double-null poloidal divertor tokamak at IPP which has  
been in operation since 1980. Its major radius is 1.54 metres and  
its minor radius is 0.40 metres. It has a capability of a 2.8 tesla  
toroidal field, a 500 kiloAmpere plasma current, and a ten second  
pulse length. Installed auxiliary heating power includes about  
3 Megawatts of neutral beam injection power and 1.5 Megawatts of  
lower hybrid radio-frequency wave power capable of operation for up  
to a few tenths of a second pulse lengths.
(b) Objectives.  The objectives of this Task are to investigate toroidal  
physics and plasma technologies in tokamaks with poloidal field  
divertor(s) as a means of optimizing plasma performance, and to  
prepare a common data base in these areas.
1821C/22.V.1985

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Means
(a) Sçoge. Co-operation between the Participants in the activities to
be conducted under this Task shall include:
(1) Exchanges of information between the Participants on:
(1) Boundary theory and modelling, including impurity and  
atomic physics and predictive transport codes;
(ii) Experimental operations, including ion-cyclotron
radio-frequency heating, plasma fluctuations, operation  
in the "H-mode", verification of interpretive transport  
codes, plasma fueling and control, diagnostics of the  
plasma core and edge, and divertor band pumped limiter  
behaviour; and
(iii) Development and testing of components such as limiters,  
target plates, pellet injectors, and radio-frequency  
systems;
(2) Assignment of scientists, engineers and other technical  
experts to work at the facilities of the Participants;
(3) Workshops, seminars and symposia;
(A) Establishment of a communications link for terminal traffic  
and file transfer between the laboratories of the Participants  
in support of co-operative projects when the need arises;
1821C/22.V.1985

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(5) Excr-r.ges and common development of relevant non-proprietary  
computer codes; and
(6) The transfer of equipment and materials between the facilities  
of the Participants.
(b) Assignment of Personnel and Exchanges of Equipment and Material
(1) The Participants may assign experts to work at the facility  
sites of the Participants in accordance with agreements  
between the assigning Participants and the hosting facility,  
with notification to the Operating Agent. Such agreements  
shall specify the work plan to be followed by such experts.
(2) Each specialist on assignment may be accompanied by  
instrumentation or other such equipment necessary as part of  
his assignment, to assist in data collection or diagnosis of  
facility operation, and to assist in the conduct of the  
experiment. The terms and conditions, including information  
and intellectual property provisions, for transportation and  
use of such instrumentation and equipment shall be agreed upon  
in writing between the concerned Participants.
(3) The procedures to be followed in assigning experts shall be as  
follows:
(i) Each Participant desiring to assign an expert shall  
submit its nomination to the Participant in whose  
country the facility or the research group's offices are  
located, as a general rule, at least four months prior
1821C/22.V.1985

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to the expected assignment date. Each such nomination  
shall specify the qualifications of the expert, his work  
during the assignment and the length of the assignment;
(ii) The Participant in whose country the facility or the  
research group's offices are located shall, as soon as  
possible, notify the nominating Participant of the  
acceptability of the assignment. The nominating  
Participant and the Participant in whose country the  
facility or the research group's offices are located  
shall agree upon the specific terms applicable to such  
assignments, after which the assignments may be  
implemented;
(iii) The duration of the assignment shall normally be as  
agreed between the concerned Participants;
(iv) Publications resulting from theoretical or experimental  
investigation carried out under this Task and in  
connection with the assignment shall normally be issued  
in the form of joint reports of the concerned  
Participants or individuals who contributed to the  
investigation;
(v) All personnel expenses associated with an assignment  
shall be borne by the assigning Participant. 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 Contracting Party in  
whose country the facility or'the research group's
1821C/22.V.1985

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offices are located by virtue of the assignment.
Assigned personnel shall adhere to all the general and  
special rules of work and safety regulations and other  
operating procedures of the Participant in whose country  
the facility or the research group's offices are located.
(4) The transfer of equipment and materials shall be agreed upon  
in writing between the Participants.
3. Operating Agent
(a) The Operating Agent as designated in paragraph 7 of this Annex shall  
be responsible for the operation of ASDEX and ASDEX-UG (the  
facility). Operation herein means the overall administrative and  
technical management of the facility.
(b) The Operating Agent shall make all the necessary arrangements to  
facilitate access for each Participant involved, including the  
provision of laboratory and office space and computer time.
(c) The Operating Agent shall provide the necessary technical personnel  
for the routine operation of the facility during the agreed  
experiments, for covering the facility's operating costs, and for  
acquiring the basic plasma data required for the interpretation of  
results insofar as permitted by standard measuring methods installed  
at the time. The "facility's operating costs" are the costs  
anticipated in connection with the routine operation of the facility.
(d) For facilities of the Participants other than ASDEX and ASDEX-UG,  
the responsibilities of the Operating Agent shall be limited to  
administrative co-ordination. The operation of those other  
facilities shall be the responsibility of the appropriate  
Participant.
1821C/22.V.1985

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Information and Intellectual Property
(a) Executive Committee's Powers. The publication, distribution,  
handling, protection and ownership of informatics and intellectual  
property provided to or arising from activities conducted under this  
Annex shall be determined by the Executive Committee, acting by  
unanimity, in conformity with this^Annex.
r '·  .
(b) Right to Publish. Subject only to patents and copyright
restrictions of this Annex, the Participants shall have the right to  
publish all information provided to or arising from the activities  
under this Annex, except proprietary information, if any, but they  
shall not publish it with a view to profit except as the Executive  
Committee, acting by unanimity, may agree. Neither the Participants  
nor personnel designated by them shall introduce into the facilities  
of any of the Participants any proprietary information unless such  
information is specifically identified and the terms and conditions  
for its introduction are agreed upon in writing by the concerned  
Participants.
(c) Proprietary Information. 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. For the purposes of this Annex, proprietary  
information shall mean information of a confidential nature acquired  
prior to or outside the scope of this Annex, such as trade secrets  
and know-how (for example, computer programmes, design procedures  
and techniques, chemical compositions of materials, or manufacturing  
methods, processes, or treatments), which is appropriately marked,  
provided such information:
1821C/22.V.1985

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(1) Is not generally known or publicly available from other  
sources;
(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 Participant  
without obligation concerning its confidentiality.
It shall be the responsibility of each Participant supplying  
proprietary information to identify the information as such and to  
ensure that it is appropriately marked.
(d) Production of Relevant Information. 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 activities under this Annex. The Participants  
should notify the Operating Agent of all pre-existing information,  
and information developed independently of the activities, known to  
them which is relevant to the activities under this Annex and which  
can be made available to the activities under this Annex without  
contractual or legal limitations.
(e) Information. Each Participant agrees to provide to the other  
Participants and to the Operating Agent all information utilized in  
the activities under this Annex or which is necessary for practising  
the results of the activities in this Annex, as well as all  
information listed in paragraph 2(a)(1) above. All information  
developed in connection with and during activities carried out under  
this Annex (arising information) shall be provided to each  
Participant and to the Operating Agent by the Participant performing
1821C/22.V.1 9 8 5

- 33 -
thë w ork, subject only to the need to retain information concerning 
patentable inventions in confidence until appropriate action can b . 
taken to protect such inventions in accordance with this paragraph.  
Reports containing arising information and pre-existing information  
necessary for and used in the activities under this Annex, including  
proprietary information in accordance with paragraphs (b) and (c)  
above, shall be provided to the Operating Agent and to the  
Participants by the Participant performing the work. The Operating  
Agent shall provide summary reports of work performed under this  
Annex and arising information therefrom, other than proprietary  
information, if any, to the Executive Committee. Information  
regarding inventions on which patent protection is to be obtained by  
the Participants shall not be published or publicly disclosed by the  
other Participants or the Operating Agent 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 Participant to appropriately mark  
reports which disclose inventions that have not been appropriately  
protected by the filing of a patent application.
(f) Licensing of Inventions. With respect to any invention or discovery  
made or conceived in the course of or under this Annex by personnel  
of one Participant (the Assigning Participant) or its contractors  
while assigned to the other Participant (the Recipient Participant)  
or its contractors in connection with exchanges of scientists,  
engineers and other specialists:
1821C/22.V.1985

-  34 -
(1) The Recipient Participant shall acquire all right, title and  
'interest in and to any such invention or discovery in its own
country and in third countries, subject to a non-exclusive,  
irrevocable, royalty-free licence in all such countries to the  
Assigning Participant, its government and the nationals of its  
country designated by it; and
(2) The Assigning Participant shall acquire all right, title and  
interest in and to such invention or discovery in its own  
country, subject to a non-exclusive, irrevocable, royalty-free  
licence to the Recipient Participant, its government and the  
nationals of its country designated by it.
Each Participant also agrees to license such invention or discovery  
to all Agency Participating Countries on reasonable terms and  
conditions for use in their own country in order to meet their  
energy needs.
(g) Copyright. The Operating Agent or each Participant for its own work  
under this Annex may take appropriate measures necessary to protect  
copyrightable material generated under the activities under this  
Annex. Copyrights obtained shall be the property of that  
Participant or Operating Agent, provided, however, that Participants  
may reproduce and distribute such material, but shall not publish it  
with a view to profit.
(h) Inventors and Authors. Each Participant shall, without prejudice to  
any rights of inventors or authors under its national laws, take all  
necessary steps to provide the co-operation from its inventors and  
authors required to carry out the provisions of this paragraph.
Each Participant shall assume the responsibility to pay awards or  
compensation required to be paid to its employees according to the  
laws of its country. It is understood that, in extraordinary
1821C/22.V.1 9 85

- 35 -
circumstances, EURATOM and its associate, IPP, may incur  
extraordinary expenses in fulfilling the requirements of this  
paragraph with regard to awards or compensation required to be paid  
to its employees. In that event, EURATOM may inform the  
United States Department of Energy of this difficulty and the  
Parties shall thereafter consult to define an appropriate course of  
action.
(i) Determination of "National". The Executive Committee may establish  
guidelines to determine what constitutes a "national" of a  
Participant provided, however, in recognition of the fact that all  
fusion power research and development programmes of the individual  
Member States of the European Atomic Energy Community (EURATOM),  
Sweden and Switzerland are carried out jointly in the framework of  
EURATOM, and that EURATOM acts on behalf of itself and its fusion  
power research and development associated national organizations in  
the EURATOM Member States and Sweden, the countries referred to in  
this paragraph shall, with respect to EURATOM, be understood to be  
the countries of the Member States of EURATOM and Sweden.
(j) Instrumentation and Equipment. The information and intellectual  
property provisions governing instrumentation and equipment under  
paragraph 2(b)(2) of this Annex shall be set forth in a written  
agreement between the concerned Participants.
5. Finance
Each Participant shall bear the costs it incurs in carrying out this  
Annex, including the costs of formulating or transmitting reports to the  
Participants and to the Operating Agent and of reimbursing its employees for  
travel and other per diem expenses incurred in connection with the work.
1821C/22.V.1985

36
6. Time Schedule
This Annex shall enter into force on 9th July, 1985, and shall remain in  
force for a period of cen years. It may be extended by agreement of two or  
more Participants acting in the Executive Committee and taking into account  
any recommendation of the Agency's Committee on Energy Research and  
Development concerning the term of this Annex. Extensions shall apply only to  
those Participants who agree to the extension or who notify the IEA  
Secretariat of their decision to continue to participate.
7. Operating Agent
This Task shall be conducted by EURATOM and by IPP in the EURATOM-IPP  
Association for Fusion. The Operating Agent shall be EURATOM and IPP, acting  
through IPP.
8. Participants
The Contracting Parties which are Participants in this Task are the  
following:
The European Atomic Energy Community (EURATOM),
The United States Department of Energy.
1821C/22.V.1985