ARCHIVES HISTORIQUES 
DE LA COMMISSION 
 
 
 
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COM (85) 365 
 
 
 
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
C0PK85) 365 final
Brussels, 18 July 1985
COMMUNICATION FROM THE COMMISSION TO THE COUNCIL
An IEA agreement between the European Atomic Energy Community  
represented by the Commission ot the European Communities and the  
United States ot America, Department ot Energy, concerning cooperation  
in the development ot the Stellarator Concept in the tield ot thermonuclear  
research and development
COM(85) 365 tinal

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 cooperation in the  
development of the Stellarator Concept in the field of thermonuclear  
research and development.
1. Within the current Community Programme in thermonuclear fusion research  
the main concentration is on the most promising line, namely the Tokamak.  
However there is a significant activity in a few well chosen alternative  
lines which, within the toroidal magnetic confinement family, will be both  
alternative and contributory to Tokamaks. One of these alternative lines  
is the Stellarator which is pursued by the association EURATOM-IPP at the  
Max-Planck-Institut für Plasmaphysik (IPP), Garching bei München.
2. An agreement has been drawn up under the auspices of the IEA between  
EURATOM and the US DOE for cooperation in the development of the  
Stellarator concept. The envisaged 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.
3. The agreement provides for cooperation via the following activities :
- Exchanges of information
- Assignment of specialists to the facilities or research groups of the  
Contracting Parties
- Joint planning and coordination of experimental programmes in selected  
areas
- Workshops, seminars and symposia
- Joint theoretical, design and systems studies
- Exchanges of computer codes
- Joint experiments.
4. 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
representing
THE EUROPEAN ATOMIC ENERGY COMMUNITY
and
THE UNITED STATES DEPARTMENT OF ENERGY
concerning
COOPERATION IN THE DEVELOPMENT OF  
THE STELLARATOR CONCEPT

INTERNATIONAL ENERGY AGENCY  
IMPLEMENTING AGREEMENT
FOR CO-OPERATION IN DEVELOPMENT  
OF THE 5TELLARAT0R CONCEPT
1820C/22.V.1985

-  2 -
INTERNATIONAL ENERGY AGENCY
IMPLEMENTING AGREEMENT
*
FOR CO-OPERATION IN DEVELOPMENT  
OF THE STELLARATOR CONCEPT
TABLE OF CONTENTS
PREAMBLE
Article1
OBJECTIVE AND SCOPE OF CO-OPERATION
Article2
IDENTIFICATION AND INITIATION OF TASKS
Article3
THE EXECUTIVE COMMITTEE
ArticleA
THE OPERATING AGENTS
Article5
ADMINISTRATION AND STAFF
Article6
FINANCE
1820C/22.V.1985

Article 7
I INFORMATION AND INTELLECTUAL PROPERTY
— Article 8
♦
LEGAL RESPONSIBILITY AND INSURANCE
Article 9
LEGISLATIVE PROVISIONS
Article 10
ADMISSION AND WITHDRAWAL OF CONTRACTING PARTIES
Article 11
FINAL PROVISIONS
Annex I
CO-OPERATION ON RESEARCH AND PLANNING FOR THE  DEVELOPMENT OF THE STELLARATOR CONCEPT
1820C/22.V.1J85

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INTERNATIONAL ENERGY AGENCY
IMPLEMENTING AGREEMENT FOR CO-OPERATION IN DEVELOPMENT OF THE
STELLARATOR CONCEPT*
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 co-operate in the development of the Stellarator concept  
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 special activities under  
Article 65 of the I.E.P. Agreement;
RECOGNIZING that the Contracting Parties consider Stellarator  
experiments to be an important part of their toroidal confinement programmes;
The term "Stellarator" will be replaced by "Stellarator/Heliotron" if  
and when the Japanese side should become a Contracting Party to this  
Agreement.
1820C/22.V.1985

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CONSIDERING that recent advances in the Stellarator area have  
considerably enhanced the viability of this concept;
CONSIDERING that 'the Agency has recognized information exchange and  
co-ordination of activities as important components of international  
co-operation in the field of thermonuclear fusion research and development;
HAVE AGREED as follows:
Article 1
OBJECTIVE AND SCOPE OF CO-OPERATION
(a) Objective.  The objective of the co-operation is to improve the physics  
base of the Stellarator concept and to enhance the effectiveness and  
productivity of research and development efforts related to the Stellarator  
concept by strengthening co-operation among Agency member countries. For the  
purposes of this Agreement, the term "Stellarator" refers generally to all  
toroidal concepts based on external confinement of fusion plasmas, including 
Stellarators, Heliotrons and Torsatrons.
(b) Scope of Co-operation.  The co-operative programme to be carried out by  
the Contracting Parties within the framework of this Agreement shall consist  
of the following activities:
(1) Exchanges of information;
(2) Assignment of specialists to the facilities or research groups of  
the Contracting Parties;
1820C/22.V.1985

-  6 -
(3) Joint planning and co-ordination of experimental programmes in  
selected areas;
(A) Workshopss  seminars and symposia;
(5) Joint theoretical, design and systems studies;
(6) Exchanges of computer codes; and
(7) Joint experiments. C
(c) Method of Implementation.  The Contracting Parties shall implement the  
co-operation 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".
(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 Stellarators.
1820C/22.V.1985

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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 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 proceckjres:
(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 a 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 of the Agency  
in the manner provided in paragraph (a) above;
1820C/22.V.1985

-  8 -
(3) In carrying out the various Tasks, Participants shall co-ordinate  
their activities in order to further technical progress and to  
maximize the effective use of their individual and collective  
resources. -
Article 3
THE EXECUTIVE COWITTEE
(a) Supervisory Control.  Control of the co-operation shall be vested in the  
Executive Committee constituted under this Article.
(b) Membership.  The Executive Committee shall consist of two members  
designated by each Contracting Party; each Contracting Party shall also  
designate two alternate members to serve on the Executive Committee in the  
event that designated members are unable to do so.
(c) Responsibilities.  The Executive Committee shall:
(1) For the first year of the co-operation, and for each year  
thereafter, review 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;
(2) For the first year of the co-operation, and for each year  
thereafter, adopt by unanimity a programme of work and budget, if  
foreseen, for each of those Tasks involving all the Contracting  
Parties; the Executive Committee may, as reguired, make  
adjustments within the framework of the Programme of work and  
Budget for these Tasks by unanimity;
1820C/.:'!

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(3) For the first year of the co-operation, and for each year  
thereafter, adopt for each of those Tasks which do not involve all  
the Contracting Parties the Programme of Work and Budget agreed to  
by the Contracting Parties involved in each of those Tasks which do  
not involve all the Contracting Parties;
(4) Make such rules and regulations as may be required for the sound  
management of the co-operation, including financial rules as  
provided in Article 6 hereof;
(5) Carry out the other functions conferred upon it by this Agreement  
and the Annexes hereto; and
(6) 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 .each year 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 at least once  
each year; a special meeting shall be convened upon the request of  
any Contracting Party which can demonstrate the need therefor;
1820C/22.V.1985

-  10  -
(а) Vteetings of the Executive Committee shall be held at such time and 
in such office or offices as m a y  be designated by the Executive 
Cotwittee;
(5) A t least twenty-eight days before each meeting of the Executive 
C o T T T T u tte e , notice of the time, place and purpose of the meeting 
shall be given to each Cohtracting 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;
(б) T he quorum  for the transaction of business in meetings of the 
Executive Conwittee shall be one-half of the m em bers plus one (less 
any resulting fraction);
(7) T he 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) W here this Agreem ent requires the Executive Committee to act by 
unanimity, this shall require the agreement of each m em ber or 
alternate m em ber 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 m ade 
in this Agreem ent by a majority vote of the m em bers or alternate 
m em bers present and voting, unless a m em ber or alternate m em ber 
declares that the issue is critical to his interest and requires a 
unanim ous vote.
182a:

- 1 1  -
(3) W ith the agreement of each m em ber or alternate m em ber entitled to 
act thereon, a decision or recommendation m a y  be m ade by mail, 
telex or cable without the necessity for calling a meeting. Such 
action shall!be taken byjxianimity or majority of such m em bers as 
in a meeting. T he Chairm an of the Executive Com m ittee shall ensure 
that all m em bers or alternate m em bers entitled to act thereon are
informed of each decision or recommendation m ade pursuant to this 
sub-paragraph.
(f)Re£orts. T he Executive Com m ittee shall, by 31st January each year, 
provide the A gency with reports containing technically substantive,
non-proprietary information on the progress of the co-operation arxi its 
results.
Article 4
T H E  O P E R A T IN G  A G E N T S
(a) Designation. Participants shall designate in the relevant A n n ex  an 
Operating A gent for each Task. References in this A greem ent to the Operating 
A gent shall apply to each Operating A gent with respect to the Task for w hich 
it is responsible.
(b) .Scope of A uthority to A ct on Behalf of Participants. Subject to the 
provisions of the applicable A nnex:
(1) All legal acts required to carry out each Task shall be performed 
on behalf of the Participants by the Operating A gent for the Task;
1820C/22.V.1985

-  12  -
(2) T rie Operating Agent shall hold, for the benefit of the 
Participants, the legal title  to all property rights which m a y  
accrue to or be acquired for the Task;
«
(3) T he Operating Agent shalHoperate 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 m a y  provide that 
expenses and costs incurred by an Operating Agent in acting as such pursuant 
to this A greem ent shall be reimbursed to the Operating A gent from  funds m ade 
available by the Participants pursuant to Article 6 hereof.
(d) Replacement. Should the Executive Committee wish to replace an %
Operating A gent with another government or entity, the Executive Committee 
m ay, acting by unanimity and with the consent of such government or entity, 
replace the initial Operating Agent. References in this Agreem ent to the 
"Operating Agent" shall include any government or entity appointed to replace 
the original Operating A gent under this paragraph.
(e) Resignation. A n  Operating A gent shall have the right to resign at any 
time by giving six m onths 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 assum e the duties and obligations of the Operating 
A gent 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 in its function of Operating 
A gent by the Executive Committee, acting by unanimity.
102CC- 2.

- 13 -
(f )  Accounting. A n  Operating A gent w hich is replaced or which resigns as 
Operating A gent shall provide the Executive Com m ittee with an accounting of 
any monies and other assets which it m a y  have collected or acquired for the 
Task in the course of carrying out its responsibilities as Operating Agent, in 
accordance with Article 6 hereof.
(g) Transfer of Rights. In the event that another Operating A gent is 
appointed under paragraph (d) or (e) above, the Operating A gent shall transfer 
to such replacement Operating A gent any property rights which it m a y  hold o n  
behalf of the Task.
(h) Information and Reports. T he Operating A gent shall furnish to the 
Executive Corrmittee such information concerning the Task as the Com m ittee m a y  
request and shall each year submit, not later than tw o m onths after the end of 
the financial year, a report on the status of the Task.
Article 5
A D M IN S T R A T IO N  A M D  S T A F F
(a) Administration of Tasks. T he Operating A gent shall be responsible to 
the Executive Corrmittee for implementing each designated Task in accordance 
with this Agreement, the applicable Task A nnex, and the decisions of the 
Executive Committee.
(b) Staff. It shall be the responsibility of the Operating A gent to retain 
such staff as m ay  be required to carry out its designated Task in accordance 
with rules determined by the Executive Committee. T he Operating A gent m a y  
also, as required, utilize the services of personnel employed by other 
Participants (or organizations or other entities designated by Contracting
1820C/22.V.1985

-  14 -
Parties) and m ade available to the Operating A gent by secondment or 
otherwise. Such personnel shall be remunerated by their respective employers 
ard 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.
7
Article 6  
F IN A N C E
(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 w ork carried 
out on the respective Tasks, unless provision is m ade for such costs to be 
reimbursed from  c o m m o n  funds as provided in paragraph (g) below.
(b) C o m m o n  Financial Obligations. Participants wishing to share the costs 
of a particular Task shall agree in the appropriate Task A nnex to do so. T he 
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 
m ad e pursuant to this Article by the Executive Committee.
(c) Financial Rules, Expenditure. T he Executive Committee, acting by 
unanimity, m a y  m ak e such regulations as are required for the sound financial 
m anagem ent of each Task including, where necessary:
1820C.

- 15 -
(1) Establishment of budgetary and procurement procedures to be used b, 
the Operating Agent in m aking payments from  any c o m m o n  funds w hich 
m ay  be maintained by Participants for the account of the Task or ir 
m aking contracts on behalf of the Participants;
(2) Establishment of m im im u m  levels of expenditure for w hich Executive 
Comm ittee approval shall be required, including expenditure 
involving paym ent of monies to the Operating A gent for other than 
routine salary and administrative expenses previously approved by 
the Executive Com m ittee in the budget process.
In the expenditure of c o m m o n  funds, the Operating A gent 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 m ost 
efficient technical and financial m anagem ent of the Task.
(d) Crediting of Incom e to Budget. A n y  incom e which accrues from  a Task 
shall be credited to the Budget of that Task.
(e) Accounting. T he system of accounts em ployed by the Operating A gent 
shall be in accordance with accounting principles generally accepted in the 
country of the Operating A gent and consistently applied.
(f) Program m e of W o rk  and Budget, Keeping of Accounts. Should Participants 
agree to maintain c o m m o n  funds for the paym ent of obligations under a  
program m e of w ork and budget of the Task, the following provisions shall be 
applicable unless the Executive Committee, acting by unanimity, decides 
otherwise:
182OC/22.V.1905

- 16 -
(1) T he financial year of the Task shall correspond to the financial 
year of the Operating Agent;
(2) T he Operating Agent shall each year prepare and submit to the 
Executive Committee for approval a draft program m e of w ork and 
budget, together with an indicative program m e of w ork and budget 
for the following tw o years, not later than three months before the 
beginning of each financial year;
(3) T he Operating Agent shall maintain complete and separate financial 
records which shall clearly account for all funds and property 
com ing into the custody or possession of the Operating A gent in 
connection with the Task;
(4) N ot 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 A gent 
shall present the accounts together with the auditors' report to 
the Executive Comm ittee for approval;
(5) All books of account and records maintained by the Operating A gent 
for the Task shall be preserved for at least three years from  the 
date of termination of the Task;
(6) W here 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 am ount 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.
1820C/22.V.1985

- 1 7  -
(g) Contribution to C o m m o n  Funds. Should Participant .  agree to establish 
c o m m o n  funds under the annual Program m e of W o rk  and Budget for a Task, any  
financial contributions ckjc from Participants in a Task shall be paid to the 
Operating A gent in the’currency of the country of the Operating A gent 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 A gent shall be used solely 
in accordance with the Program m e of W o rk  and Budget for the Task;
(2) T he Operating A gent shall be under no obligation to carry out any 
w ork 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 m ay, as agreed between the 
Executive Com m ittee and the Operating Agent, be provided by that Operating 
A gent for the operation of a Task and the cost of such services, including 
overheads connected therewith, m a y  be m et from  budgeted funds of that Task.
(i) Taxes. T he Operating A gent shall pay all taxes and similar impositions 
(other than taxes on incom e) 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 A gent 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 w ork in a Task for which c o m m o n  funds are 
maintained, on the following terms:
182CC/22.V.1985

-lö-
il) T he Operating Agent shall provide the other Participants with an 
opportunity to participate in such audits on a cost-shared basis;
(2) Accounts andtrecords relating to activities of the Operating A gent 
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 m ay, at its o w n  cost, request and obtain an 
audit certificate in this respect from the auditors of the 
Operating Agent;
(3) N ot m ore than one such audit shall be required in any financial 
year;
(A ) A n y  such audit shall be carried out by not m ore than three 
representatives of the Participants.
Article 7
IN F O R M A T IO N  A N D  IN T E L L E C T U A L  P R O P E R T Y
It is expected that for each Task agreed to pursuant to this Agreement, 
the applicable A nnex will contain information and intellectual property 
provisions. T he General Guidelines Concerning Information and Intellectual 
Property, approved by the Governing Board of the A gency on 21st N ovem ber,
1975, shall be taken into account in developing such provisions.
1820C/22.V.1985

- 19 -
Article 8
L E G A L  R E S P O N S IB IL IT Y  A N D  IN S U R A N C E
(a) Liability of Operating Agent. ~The Operating A gent shall use all 
reasonable skill and care in carrying out its duties under this A greem ent in 
accordance with all applicable laws and regulations. Except as otherwise 
provided in this Article, the cost of all dam age to property, and all expenses 
associated with claims, actions, and other costs arising from  w ork uxiertaken 
with c o m m o n  funds for a Task shall be charged to the Budget of that Task; such 
costs and expenses arising from  other w ork undertaken for a Task shall be 
charged to the Budget of that Task if the Task A nnex so provides or the 
Executive Committee, acting by unanimity, so decides.
(b) Insurance. T he Operating A gent shall propose to the Executive Com m ittee 
all necessary liability, fire and other insurance, and shall carry such 
insurance as the Executive Comm ittee m a y  direct. The cost of obtaining and 
maintaining insurance shall be charged to the Budget of the Task.
(c) Compensation for D am ages. Compensation for dam ages incurred during the 
irrplementation of this A greem ent shall be in accordance with the applicable 
laws of the countries of the Contracting Parties.
Article 9
L E G IS L A T IV E  P R O V IS IO N S
(a) Accomplishment of Formalities. Each Participant shall request the 
appropriate authorities of its country (or its M em b er States in the case of an 
international organization) to use their best endeavours, within the fram ew ork 
of applicable legislation, to facilitate the accomplishment of formalities
1820C/22.V.1985

-  20  -
involved in the m ovem ent of persons, the importation of materials and 
equipment and the transfer of currency *rtüch shall be required to conduct the 
Task in which it is engaged.
(b) Appropriation of Funds and Applicable Laws. In carrying out this 
A greem ent and its Annexes, the Contracting Parties shall be subject to the 
appropriation of funds by the appropriate governmental authority, where 
necessary, and to the constitutions, laws and regulations applicable to the 
respective Contracting Parties, including, but not limited to, laws 
establishing prohibitions upon the paym ent 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 A gency 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 A gency in that 
field. T he termination of the Guiding Principles shall not affect this 
Agreement, w hich shall remain in force in accordance with the terms hereof.
(d) Settlement of Disputes. A n y  dispute am ong the Contracting Parties 
concerning the interpretation or the application of this Agreem ent which is 
not settled by negotiation or other agreed m ode of settlement shall be 
referred to a tribunal of three arbitrators to be chosen b y the Contracting 
Parties concerned w h o  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. T he tribunal shall decide any 
such dispute by reference to the terms of this Agreem ent 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.
1820C/22.V.1985

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Article 1 0
A D M IS S IO N  A N D  W I T H D R A W A L  O F  C O N T R A C T IN G  P A R T IE S
(a) Admission of N e w  Contracting P~ârtles: A gency Countries. U p o n  the
invitation of the Executive Committee, acting by unanimity, admission to this 
A greem ent shall be open to the government of any A gency Participating Country 
(or a national agency, public organization, private corporation, com pany 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 actnission of a Contracting Party shall becom e 
effective upon the signature of this A greem ent by the n ew  Contracting Party or 
its accession thereto and its giving Notice of Participation in one or m ore 
A nnexes and the adoption of any consequential am endm ents thereto.
(b) Admission of N e w  Contracting Parties: Other O E C D  Countries. T he
government of any M em b er of the Organisation for Econom ic Co-operation and 
Developm ent which does not participate in the A gency m ay, on the proposal of 
the Executive Committee, acting by unanimity, be invited by the Governing  
Board of the A gency to becom e a Contracting Party to this A greem ent (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 N e w  Participants in Tasks. A n y  Contracting Party m ay, with 
the agreement of the Participants in a Task, acting by unanimity, becom e a 
Participant in that Task. Such participation shall becom e effective upon the 
Contracting Party's giving the Executive Director of the A gency a Notice of 
Participation in the appropriate Task A nnex and the adoption of consequential 
am endm ents thereto.
1820C/22.V.1985

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(d) Contributions. T he Executive Committee m ay  require, as a condition to 
scission 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 priortbudget expenditure of any Task in which it 
participates.
(e) Replacement of Contracting Parties. W ith the agreement of the Executive 
Committee, acting by unanimity, and upon the request of a government, a 
Contracting Party designated by that government m a y  be replaced by another 
party. In the event of such replacement, the replacement party shall assum e 
the rights and obligations of a Contracting Party as provided in paragraph (a) 
above and in accordance with the procedure provided therein.
(f) Withdrawal. A n y  Contracting Party m a y  withdraw from  this Agreem ent or 
from  any Task either with the agreement of the Executive Committee, acting by 
unanimity, or b y  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. T he 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 
c o m m o n  funds for a Task, their proportionate shares in the Task Budget shall 
be adjusted to take account of such withdrawal.
(g) C hanges of Status of Contracting Party. A  Contracting Party other than 
a government or an international organization shall forthwith notify the 
Executive Com m ittee of any significant change in its status or ownership, or 
of its becom ing bankrupt or entering into liquidation. .  T he Executive 
Com m ittee shall determine whether any such change in status of a Contracting 
Party significantly affects the interests of the other Contracting Parties; 
if the Executive Comm ittee so determines, then, unless the Executive 
Committee, acting upon the unanimous decision of the other Contracting 
Parties, otherwise agrees:
1820C/22.V.1985

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(1) That Contracting Part'/ shall be deem ed to have ithorawn fron the 
A greem ent under paragraph (f) above on a date to be fixed by the 
Executive Committee; and
«
(2) T he Executive Com m ittee shall invite the government w hich 
designated that Contracting Party to designate, within a period of 
three m onths of the withdrawal of that Contracting Party, a 
different entity to becom e a Contracting Party; if approved b y the 
Executive Committee, acting by unanimity, such entity shall becom e 
a Contracting Party with effect from  the date on w hich it signs or 
accedes to this A greem ent and gives the Executive Director of the 
A gency a Notice of Participation in one or m ore Annexes.
(h) Failure to Fulfil Contractual Obligations. A n y  Contracting Party w hich 
fails to fulfil its obligations under this A greem ent within sixty days after 
its receipt of notice specifying the nature of such failure and invoking this 
paragraph m ay  be deem ed by the Executive Conmittee, acting by unanimity, to 
have withdrawn from  this Agreem ent.
Article 1 1  
F IN A L  P R O V IS IO N S
(a) T erm  of Agreement. This A greem ent shall remain in force for an initial 
period of five years from  the date hereof. It m a y  be extended by the 
Contracting Parties, acting by unanimity and taking into account any 
recommendation of the Agency's Com m ittee on Energy Research and Developm ent 
concerning the term of the Agreement.
1820C/22.V.1985

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(b) Legal Relationship of Contracting Parties and Participants. Nothing in 
this A greem ent shall be regarded as constituting a partnership betweeen any of 
the Contracting Parties or Participants.
■
(c) Termination. U p o n  termination-of this Agreement, or any A nnex to this 
Agreement, the Executive Committee, acting by unanimity, shall arrange for the 
liquidation of the assets 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 m ade 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) A m endm ent. This Agreem ent m a y  be am ended at any time by the Contracting 
Parties, acting by unanimity, and any A nnex to this Agreem ent m ay  be am ended 
at any time b y the Executive Committee, acting by unanimity of the 
Participants in the Task to which the A nnex refers. Such am endm ents shall 
co m e into force in a m anner determined by the Executive Committee, acting 
under the voting rule applicable to the decision to adopt amendm ents.
(e) Deposit. T he original of this Agreem ent shall be deposited with the 
Executive Director of the A gency and a certified copy thereof shall be 
furnished to each Contracting Party and to the Operating Agents. A  copy of 
this A greem ent shall be furnished to each A gency Participating Country and to 
each M em b er country of the Organisation for Econom ic Co-operation and 
Development.
D one in Paris, this 9th day of July, 1905.
1820C/22.V.1985

For the E U R O P E A N  A T O M IC  E N E R G Y  
CCm^ITY (E U R A T O M ):
ror the D E P A R T M E N T  O F  E N E R G Y
for and on behalf of the G overnm ent
of the United States of America:
182OC/22.V.1905

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A N N E X  I
C O -O P E R A T IO N  O N  R E S E A R C H  A M ) P L A N N IN G  F O R  
~ T H E  D E V E L O P M E N T  O F
n€ S T E L E A R A T O R  C O N C E P T
1. Background and Objective
(a) Background. Recent advances in the Stellarator area have 
considerably enhanced the viability of this toroidal confinement 
concept. The advances include experiments with high plasma 
parameters and favourable confinement results, theoretical 
prospects for high beta operation, and m ore attractive reactor 
designs. Steady state operation is an inherent property of this 
concept. T he United States and E U R A T O M  all have major Stellarator 
experimental program m es underway which are complementary to and 
supportive of each other.
(b) Objective. T he objective of this Task is to strengthen 
co-operation in research and planning to improve the physics base 
of, and the effectiveness and productivity of, the program m es for 
the development of the Stellarator concept.
2. M eans
Co-operation between the Participants in the activities to be concfcjcted 
under this A nnex shall be:
1820C/22.V.1985

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(a) Exchanges of information on:
Experimental results of Stellarator devices;
Developm ent and testing of technology needed for the 
Stellarator experiments;
Theoretical and system analyses;
Conceptual designs of future advanced devices; and 
National program m e plans in the area of Stellarators;
(b) Assignment of specialists to the facilities or research groups of 
the Participants; and
(c) Conduct of workshops, seminars and symposia.
3. Assignment of Personnel
(a) T he Participants m a y  assign experts to w ork at the facility sites 
of the Participants in accordance with agreements between the 
assigning Participants and the hosting facility, with notification 
to the Chairm an of the Executive Committee. Such agreements shall 
specify the w ork plan to be followed by such experts.
(b) Each specialist on assignment m a y  be accompanied by instrmentation 
or other such equipment necessary as part of his assignment, to 
assist in data collection or diagnosis of facility operation. T he 
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.
1820C/22.V.1985

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(c) T he procedures to be followed In assigning experts shall be as
follows:
(1) Each"Participant desiring to assign an expert shall submit 
its nomination to The Participant in w hose country the 
facility or the research group's offices are located, as a 
general rule, at least four months prior to the expected 
assignment date. Each such nomination shall specify the 
qualifications of the expert, his w ork during the assignment 
and the length of the assignment ;
(2) T he Participant In w hose 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 w hose country the facility or the 
research grotp's offices are located shall agree upon the 
specific terms applicable to such assignments, after which 
the assignments m a y  be implemented;
(3) T he duration of the assignment shall normally be as agreed 
between the concerned Participants;
(A ) 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 
w h o  contributed to the investigation;
(5) 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.
1820C/22.V.1985

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Assigned personnel shall in no w ay  be deem ed to be employees 
of the Contracting Party in w hose country the facility or 
the research group’s offices are located by virtue of the 
assignment. Assigned personnel shall adhere to all the 
general and special rules of w ork and safety regulations and 
other operating procedures of the Participant in w hose 
country the facility or the research group’s offices are 
located.
A . Operating A gent
T he Operating A gent shall m ak e arrangements for meetings of the 
executive Committee, as directed by the Chairm an of the Executive Committee; 
shall prepare, verify, and distribute the minutes of the Executive Committee; 
shall assist personnel assignments as directed by the Executive Committee; and 
shall act as the central repository for all reports, publications and other 
information as collected and developed under this A nnex, and shall be 
responsible for their distribution to M em bers of the Executive Committee, and 
to others as directed by the Executive Committee. T he cost for this 
administrative activity will be borne by the Operating Agent.
5. Information and Intellectual Property
(a) Executive Committee's Powers. T he publication, distribution,
handling, protection and ownership of information and intellectual 
property provided to or arising from  activities conducted inder 
this A nnex shall be determined by the Executive Committee, acting 
by unanimity, in conformity with this A nnex.
1820C/22.V.1985

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(b) Right to Publish, Subject only to patents and copyright 
restrictions of this A nnex, the Participants shall have the right 
to publish all information provided to or arising from  the 
activities flflder this A nnex, except proprietary information, if 
any, but they shall not pUblish it with a view to profit except as 
the Executive Committee, acting by unanimity, m ay  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. T he 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 A nnex, proprietary 
information shall m ean 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:
(1) Is not generally know n or publicly available from other 
sources ;
(2) H as not previously been m ade 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.
1820C/22.V.1985

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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) Procfcjction of Relevant Information. T he Operating A gent should 
encourage the governments of all A gency Participating Countries to 
m ake available or to identify to the Operating A gent all published 
or otherwise freely available information k n o w n  to them  that is 
relevant to the activities under this A nnex. T he Participants 
should notify the Operating A gent of all pre-existing information, 
and information developed independently of the activities, know n to 
them  w hich is relevant to the activities under this A nnex and w hich 
can be m ade available to the activities under this A nnex without 
contractual or legal limitations.
(e) Information. Each Participant agrees to provide to the other 
Participants and to the Operating A gent all information utilized in 
the activities under this A n nex or w hich is necessary for 
practising the results of the activities in this A nnex, as well as 
all information listed in paragraph 2(a) above. All information 
developed in connection with and during activities carried out 
under this A n n ex  (arising information) shall be provided to each 
Participant and to the Operating A gent by the Participant 
performing the work, subject only to the need to retain information 
concerning patentable inventions in confidence until appropriate 
action can be 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 A nnex, including proprietary information in accordance 
with paragraphs (b) and (c) above, shall be provided to the 
Operating A gent and to the Participants by the Participant 
performing the work. The Operating A gent shall provide suiwary
1820C/22.V.1985

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reports of t,ork performed under this A nnex and arising information 
therefr-.iB n, other than proprietary information, if any, to the 
Executive Committee. Information regarding inventions on which 
patent prot?Jtion is to be obtained by the Participants shall not 
be published or publicly"disclosed by the other Participants or the 
Operating Agent in til 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 m ark reports which disclose 
inventions that have not been appropriately protected by the filing 
of a patent application.
(f) Licensing of Inventions. W ith respect to any invention or
discovery m ade or conceived in the course of or under this A nnex 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:
(1) T he Recipient Participant shall acquire all right, title  and 
interest in and to any such invention or discovery in its 
o w n  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) T he Assigning Participant shall acquire all right, title  and 
interest in and to such invention or discovery in its o w n  
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.
J  i v ',’0C/22.V.!9

- 33 -
Each Participant also agrees to license such invention or discovery 
to all A gency Participating Countries on reasonable terms and 
conditions for use in their o w n  country in order to m eet their 
energy need£
(g) Copyright. T he Operating A gent or each Participant for its o w n  
w ork under this A nnex m a y  take appropriate measures necessary to 
protect copyrightable material generated under the activities Lnder 
this A nnex. Copyrights obtained shall be the property of that 
Participant or Operating Agent, provided, however, that 
Participants m a y  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 assum e 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 circumstances E U R A T O M  and its associate, IPP, m a y  
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, E U R A T O M  m a y  inform the
United States Department of Energy of this difficulty and the 
Parties shall thereafter consult to define an appropriate course of 
action.
1820C/22.V.1985

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(i) D etermination of "National". The Participants m a y  establish 
guidelines to determine w hat constitutes a "national" of a 
Participant provided, however, in recognition of the fact that all 
fusion pow iff research and development program m es of the individual 
M en fcer States of the European A tom ic Energy C om m unity (E U R A T O M ), 
Sw eden and Switzerland are carried out Jointly in the framework of 
E U R A T O M , and that E U R A T O M  acts on behalf of itself and its fusion 
pow er research and development associated national organizations in 
the E U R A T O M  M em b er States and Sw eden, the countries referred to in 
this paragraph shall, with respect to E U R A T O M , be understood to be 
the countries of the M em b er States of E U R A T O M  and Sw eden.
(j) Instrumentation and Equipment. The information and intellectual 
property provisions governing instrumentation and equipment under 
paragraph 3(b) of this A nnex shall be set forth in a written 
Agreem ent between the concerned Participants.
6. Finance
Since there is no intention to establish co m m o n  funds for this A nnex, 
Article 6(a) of the Agreem ent shall apply.
7. T im e Schecfcjle
This A n nex shall enter into force on 9th July, 1985, and shall remain in 
force for a period of five years. It m ay  be extended by agreement of tw o or 
m ore Participants acting in the Executive Committee and taking into accoimt 
any recommendation of the Agency's Committee on Energy Research and 
Development concerning the term of this A nnex. Extensions shall apply only to 
those Participants w h o  agree to the extension or w h o  notify the IE A  
Secretariat of their decision to continue to participate.
1820C/22.V.19«5

- 35 -
8. Operating A gent
This Task shall be conducted by E U R A T O M  and by IPP in the E U R A T O M -IPP 
Association for Fusion^ The Operatihg A gent shall be E U R A T O M  and IPP, acting 
through IPP.
9. Participants
T he Contracting Parties which are Participants in this Task are the 
following :
T he European A tom ic Energy C om m unity (E U R A T O M ),
T he United States Department of Energy.
1820C/22.V.1985