COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 20.05.1998 
COM(1998) 328 final 
Draft 
COUNCIL DECISION 
CONCERNING THE EXTENSION OF THE DURATION OF THE AGREEMENT AMONG THE EUROPEAN 
ATOMIC ENERGY COMMUNITY, THE GOVERNMENT OF JAPAN, THE GOVERNMENT OF THE 
RUSSIAN FEDERATION, AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA ON 
COOPERATION IN THE ENGINEERING DESIGN ACTIVITIES (EDA) FOR THE INTERNATIONAL 
THERMONUCLEAR EXPERIMENTAL REACTOR (ITER) 
(presented by the Commission) 

EXPLANATORY MEMORANDUM 
SUBJECT: EXTENSION OF THE DURATION OF THE ITER EDA AGREEMENT 
1. The Agreement among the European Atomic Energy Community (EAEC), the 
Government of Japan, the Government of the Russian Federation, and the 
Government of the United States of America ("the Parties") on cooperation in 
the Engineering Design Activities (EDA) for the International Thermonuclear 
Experimental Reactor (ITER) ("the ITER EDA Agreement"), concluded on 
21 July 19921 for a period of six years, is due to expire on 21 July 1998. 
2. In view of the progress accomplished in achieving the purpose of the ITER EDA 
Agreement and in order to provide the framework for jointly undertaking further 
activities, the Parties have been taking the necessary steps to allow the 
extension, by three years, of the duration of the ITER EDA Agreement. 
The possibility of such an extension is provided for by Article 25(2) of the ITER 
EDA Agreement. As for the EAEC Party, such an extension falls under 
Article 101 second paragraph of the Treaty establishing the EAEC. 
In addition it is to be noted that the envisaged three-year extension is in line with 
the political agreement reached by the Council on 12 February 1998 on the Fifth 
Euratom Framework Programme as far as the key action controlled 
thermonuclear fusion is concerned. 
In its Decision of 8 April 1998, the Council adopted Directives for the 
Commission to conduct negotiations on the three-year extension of the ITER 
EDA Agreement with reference to the terms of the "Draft Understandings for the 
extension of the duration of the ITER EDA Agreement" which specify the 
possible ITER site(s)-specific activities and other technical and enabling activities 
to be undertaken jointly with the objective of preparing for possible future 
decisions on the construction of ITER. 
3. The results of the quadripartite negotiations are contained in the document 
entitled "Understandings for the extension of the duration of the ITER EDA 
Agreement" which is annexed to the enclosed proposal for a Council Decision. 
OJnoL244, 26.8.92, p. 14 
The content of these "Understandings" is identical to the one of the "Draft 
Understandings" referred to in the negotiation Directives except for the following 
modifications (upon EAEC negotiators' request to comply with the Council 
Directives): 
at the end of point 111.1) the sentence ", as well as information on the 
possible impact of broader concepts on the development path towards 
fusion energy" has been added; 
the order of Section II and Section III has been inverted. 
As for the EAEC Party: 
the Consultative Committee for the Fusion Programme (CCFP) has 
considered that, in light of the above, the "Understandings" represent the 
most appropriate basis for the ITER site(s)-specific activities and other 
technical and enabling activities to be undertaken jointly during the 
envisaged three-year extension with the objective of preparing for possible 
future decisions on the construction of ITER; 
in order to prepare the Joint Assessment for use by each Party, referred to 
under II.3) of the "Understandings", the Commission intends to organize a 
European assessment, to be conducted by a group - of a limited size - of 
experts in Spring 1999; 
according to the Draft Final Design Report, Cost Review and Safety 
Analysis made available last December to the Parties for their evaluation, 
the ITER design respects the environmental and safety constraints for the 
construction and operation of the experimental reactor. Special attention 
will be devoted to these specific aspects by the Commission; 
for the three-year extension, the EAEC share implied by the joint activities 
specified in the "Understandings", is of about 66 MECUs (Community 
contribution) half of which to support the design work at the Joint Central 
Team - at San Diego, Naka and Garching - and in the Union, the rest being 
for the technology R&D (and other enabling activities) to be performed in 
the Union. Furthermore, the Community would continue to support the 
cost of the Garching ITER Joint Work Site at a level of 
about 2 MECUs/year. 
5. Moreover, upon the EAEC Party's request, the quadripartite negotiations have 
allowed to explore the possibility of informing the Parliaments of the Parties on 
the ITER developments through the creation of a select parliamentary committee 
consisting of members of the four Parliaments. As a result, the Parties 
representatives to the ITER Council have stated willingness to examine the 
feasibility of establishing, within the framework of the ITER EDA Agreement, an 
appropriate international forum to accommodate such a broader range of 
interests associated with ITER. 
6. In view of the above, the Commission proposes that the Council adopt, in 
application of Article 101 second paragraph of the Treaty establishing the EAEC, 
the draft Council Decision attached hereto authorizing the Commission to extend 
the duration of the ITER EDA Agreement by signing the "Amendment extending 
the ITER EDA Agreement" annexed to the draft Council Decision. 
DRAFT 
COUNCIL DECISION 
of 
concerning the extension of the duration of the Agreement among the European Atomic 
Energy Community, the Government of Japan, the Government of the Russian 
Federation, and the Government of the United States of America on cooperation in the 
Engineering Design Activities (EDA) for the International Thermonuclear Experimental 
Reactor (ITER). 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Atomic Energy Community, and 
in particular the second paragraph of Article 101 thereof, 
Having regard to the draft Decision submitted by the Commission, 
Whereas the Commission has, in accordance with the Council Directives of 
8 April 1998, conducted negotiations on the extension of the Agreement among the 
European Atomic Energy Community, the Government of Japan, the Government of the 
Russian Federation, and the Government of the United States of America on 
cooperation in the Engineering Design Activities (EDA) for the International 
Thermonuclear Experimental Reactor (ITER) ("the ITER EDA Agreement"), 
Whereas the extension of the duration of the ITER EDA Agreement should be approved; 
HAS DECIDED AS FOLLOWS: 
Sole Article 
The extension, by the Commission, for and on behalf of the Community, of the duration 
of the Agreement among the European Atomic Energy Community, the Government of 
Japan, the Government of the Russian Federation, and the Government of the United 
States of America on cooperation in the Engineering Design Activities for the 
International Thermonuclear Experimental Reactor is hereby approved. 
The text of the Amendment extending the ITER EDA Agreement is annexed to this 
Decision, together with the text of the Understandings for the extension of the duration 
of the ITER EDA Agreement. 
Done at 
For the Council 
The President 
ANNEX I 
AMENDMENT EXTENDING THE ITER EDA AGREEMENT 
AMENDMENT EXTENDING THE ITER EDA AGREEMENT AMONG THE EUROPEAN 
ATOMIC ENERGY COMMUNITY, THE GOVERNMENT OF JAPAN, THE GOVERNMENT 
OF THE RUSSIAN FEDERATION, AND THE GOVERNMENT OF THE UNITED STATES OF 
AMERICA ON COOPERATION IN THE ENGINEERING DESIGN ACTIVITIES FOR THE 
INTERNATIONAL THERMONUCLEAR EXPERIMENTAL REACTOR 
The European Atomic Energy Community, the Government of Japan, the Government 
of the Russian Federation, and the Government of the United States of America ("the 
Parties"), 
HAVING REGARD to the Agreement among the Parties on Cooperation in the 
Engineering Design Activities (EDA) for the International Thermonuclear Experimental 
Reactor (ITER), concluded on 21 July 1992 ("the Agreement"), and the Protocol 2 to 
the Agreement concluded on 21 March 1994, 
NOTING the progress achieved and the proposals made on approaches to continued 
joint implementation, all within the framework of the Agreement, 
DESIRING to continue to work jointly within the framework of the Agreement to enable 
future decisions on construction and operation of ITER in accordance with Article 1 of 
the Agreement, and 
ACTING in accordance with Articles 22 and 25(2) of the Agreement, 
HAVE AGREED to amend the Agreement AS FOLLOWS: 
Replace "six years" in Article 25(1) by "nine years", 
This Amendment shall enter into force upon signature of the Parties. 
for the European 
Atomic Energy Community Date for the Government 
of Japan Date 
for the Government 
of the Russian Federation Date for the Government of the 
United States of America Date 
ANNEX II 
UNDERSTANDINGS FOR THE EXTENSION OF THE DURATION OF 
THE ITER EDA AGREEMENT 
Scope of Joint Technical Activities 
1 ) Site(s)-Specific Activities: 
Site(s)-specific design adaptations and their cost estimates 
Safety analysis and technical support for preparation of license 
applications 
2) Design, including broader options and their cost estimates, prototype testing 
and R&D, including physics studies 
3) Preparation of documentation for future procurement incorporating results of 
items 1 ) and 2) noted above 
Other Enabling Activities 
The Parties will also: 
1 ) develop proposals and all necessary supporting information for the complete 
realization of ITER including a draft agreement for construction and operation 
and associated draft implementing arrangements, as well as information on 
the possible impact of broader concepts on the development path towards 
fusion energy; 
2) adapt the structures and modes of JCT/HTs' operation with a view to 
launching an efficient start of future construction, if and when so decided; 
3) near the end of the second year, jointly review the Joint Technical Activities 
in I. above, e.g., licensing preparations, cost estimates, organizational 
evolution, construction preparations and domestic situations and, thereupon, 
prepare a Joint Assessment for use by each Party. 
Parties' Support of the Joint Activities 
1) Site(s)-Specific Activities 
Every Party will have an interest and involvement in the work to be based on 
all site characteristics provided. The work, therefore, will be undertaken 
jointly and managed accordingly under the responsibility of the ITER Director 
within the EDA framework with the exception of the preparation by native 
speakers of documents required in the Host Party's/Country's language and 
formats. 
The interested Parties will: 
provide by the time of the 14th ITER Council meeting (IC-14, 
July 1998) site characteristics in line with the Site Requirements and 
Site Design Assumptions Document; 
enable on a timely basis informal dialogue with regulators for the 
purpose of preparing applications for licenses to build and operate 
ITER. 
The Director and the concerned Home Team (HT) Leaders will start informal 
consultation so that, in the light of the site characteristics provided by the 
interested Parties, tasks of 1.1) above can appear in the Work Programme to 
be submitted to IC-14 via the appropriate Management Advisory Committee 
(MAC) meeting. 
The design adaptations will be carried out with due emphasis on the control 
of the project's estimated cost. 
2) General Support 
The Parties will: 
maintain the Joint Central Team (JCT) and undertake assigned tasks; 
provide voluntary contribution in various areas, including consolidating 
the scientific basis for activities in 1.2) above, e.g., by taking 
advantage of the existing voluntary arrangements; 
continue to provide Joint Work Sites (JWS) and support enhanced 
interconnection. 
3) Estimated Resources 
The estimated resources for the intended scope of work noted in I. above 
(beyond those already committed through Task Agreements) from the 
Director's proposals as supported by the ITER Council (IC-12 Record of 
Decisions 6.1.1, Attachment 9) are the following: 
JCT personnel about 396 ppy 
HT design effort about 370 ppy 
CAD support 1 for each 4 designers 
Joint Fund about $ 2.5 M/y 
Technology R&D about 175 klUA (ITER Units of Account) 
10 
Each Party will make its best efforts to provide its share of the resources 
(Articles 12 and 14 of the Agreement) in fulfilment of its obligation in 
accordance with Article 17(1) of the Agreement. 
IV. Arrangements in Force 
1 ) These Understandings will be in force during the extended period along with 
the previous sets of understandings, reached at the times of signing the 
Agreement and Protocol 2, unless otherwise determined among the Parties 
in writing. 
# [ 2) The current arrangements involving Other Countries pursuant to Article 19 
of the Agreement will continue to be in force.] 
3) The IAEA will continue providing facilitations and assistance pursuant to 
Article 20 of the Agreement. 
V. Concluding Understanding 
The Parties will undertake the joint activities with a general intent to enable an 
efficient start of possible, future ITER construction, and do recognize the 
importance in this regard of pursuing preparatory efforts in all relevant domains. 
Pending confirmation by those concerned. 
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ISSN 0254-1475 
COM(98) 328 final 
DOCUMENTS 
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Catalogue number : CB-CO-98-338-EN-C 
ISBN 92-78-36462-2 
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