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Draft 
COUNCIL DECISION 
concerning the conclusion, by the Commission, of the Memorandum of Understanding for 
cooperation between the European Atomic Energy Community and the Government of Canada 
in the field of controlled nuclear fusion. 
HSEO (presented by the Commission) 
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EXPLANATORY MEMORANDUM 
1. Directives for the Commission to conduct negotiations on a Memorandum of 
Understanding (the "MoU") for cooperation between the European Atomic Energy 
Community ("Euratom") and the Government of Canada (the "Parties") in the field of 
controlled nuclear fusion were adopted by the Council on 7 November 1991. The 
negotiations resulted in the draft MoU which is annexed to the enclosed proposal for 
a Council Decision concerning the conclusion by the Commission of the MoU. 
The Commission considers that the text of the draft MoU is fully in line with the 
negotiation directives. 
2. The performance of the Parties under the MoU will be subject to the availability of 
appropriated funds. 
The cooperative activities that will be carried out under the MoU will be technically and 
financially compatible with the objectives and the budgetary envelope foreseen for 
controlled thermonuclear fusion in the framework programme of Community activities 
in the field of research and training for the European Atomic Energy Community (1994-
1998) and in the corresponding proposal for a Council Decision adopting a specific 
programme of research and training (1994-1998) in the field of controlled 
thermonuclear fusion and therefore will not have financial consequences for the 
Community budget. 
3. The Consultative Committee for the Fusion Programme (CCFP) has been fully informed 
of the result of the negotiation of the MoU and encouraged at its 53rd meeting in 
March 1992 the possible involvement of Canada in the Euratom contribution to the ITER 
EDA according to the approach described under point 4. below. 
4. According to the draft MoU, the cooperation activities may include the involvement in 
either Party's contributions to projects involving third Parties such as ITER (International 
Thermonuclear Experimental Reactor) subject to the consent, if required, of such third 
Parties. Indeed, the main intended collaboration under the MoU is the involvement of 
- Canada in the Euratom contribution to the quadripartite ITER EDA (Engineering Design 
Activities) pursuant to Article 19 the ITER EDA Agreement1 (the "EDA Agreement"). 
Indeed, Canada, which possesses relevant specific capabilities especially in the fields 
of Tritium Technology and Remote Handling and can contribute specific research results 
and specialized manpower to the effort for ITER, has already been involved2 in the 
Euratom contribution to the quadripartite ITER CDA (Conceptual Design Activities)3. 
The involvement of Canada in the ITER EDA is anticipated to be governed by an 
Implementing Agreement between Euratom, represented by the Commission, and 
Atomic Energy of Canada Limited (AECL) which administrates the Canadian National 
Fusion Programme, designated as implementing agent by the Government of Canada 
(the "IA"). Such an IA is anticipated to be negotiated and concluded by the 
Commission pursuant to the third paragraph of Article 101 of the Treaty establishing 
the EAEC. 
The conditions of Canada's involvement as elaborated on the basis of bilateral technical 
explorations were approved by the ITER Council at its meetings of 21-22 April 1993 
and 27-28 January 1994. 
The following text has been elaborated for the draft IA: 
" 1. Euratom will involve Canada, through AECL, in its contribution to the EDA. 
2. The Government of Canada, through AECL, has noted, and will comply with the terms of the EDA 
Agreement, its Annexes, Protocol 2, and the Negotiators' Shared Views4 (together with their 
attachments) accompanying Protocol 2. 
3. The modalities for AECL's involvement in the process by which tasks are assigned by ITER to the 
Euratom Party will be agreed between the Director of the Canadian National Fusion Program, or 
a person designated by him, and the Director of the Euratom Fusion Programme, or a person 
designated by him. Subject to paragraph 2 above, the arrangements for such activities will be 
consistent with the provisions of the MoU. 
4. AECL's involvement in the Euratom contribution to the resources that the four Parties have agreed 
to make available on an equal basis for the implementation of the EDA Agreement will consist of 
up to about $ CAN 4 millions a year in terms of ITER tasks (design and technology R&D) and of 
up to about five professionals as part of the Euratom contingent to the Joint Central Team. 
Canada's involvement will be at no cost to Euratom and will be subject to the availability of 
appropriated funds. 
OJ n°L 244, 26.8.1992,, p. 14 
OJ n°L 291, 25.10.1988, p. 75 
OJ n°L 102, 24.4.1988, p. 31 f 
4 OJ n° L 114, 5.5.1994, p. 26. 
5. Without prejudice to the full applicability of Annex C to the EDA Agreement in respect of the 
allocation of rights, title and interests in and to intellectual property created without the 
participation of Canada through AECL or its personnel the following provisions shall apply. 
5.1 If intellectual property is created by AECL or its personnel in Canada in the execution of a 
...- -task assigned to the Home-Team of Euratom, Canada through AECL or Its personnel shall 
be entitled to acquire all right, title and interest in all countries in and to such intellectual 
property according to applicable laws and regulations, and subject to Euratom being granted 
licences with the right to sub-licence, on fair and reasonable terms for all purposes other 
than for research and development in controlled thermonuclear fusion as a source of energy 
for peaceful purposes. In that case, Canada through AECL shall ensure that the personnel 
of the Joint Central Team can freely use the protected subject matters for the execution 
of the tasks assigned to the Joint Central Team, and that all Parties including Euratom are 
granted an irrevocable, non-exclusive, royalty-free licence, with the right to sub-licence for 
research and development in controlled thermonuclear fusion as a source of energy for 
peaceful purposes. 
5.2 If intellectual property is created by AECL or its personnel, working in the Home Team of 
Euratom, in the execution of a task assigned to that Home Team, Canada through AECL or 
its personnel shall be entitled to acquire all right, title and interest in Canada. Likewise 
Euratom or its personnel shall be entitled to acquire all right, title and interest in and to any 
such intellectual property in its own territory, and in all third countries other than Canada. 
Euratom and Canada through AECL shall ensure that the personnel of the Joint Central 
Team can freely use the protected subject matter for the execution of the tasks assigned 
to the Joint Central Team, and that all Parties including Euratom are granted an irrevocable, 
non-exclusive, royalty-free licence, with the right to sub-licence for research and 
development in controlled thermonuclear fusion as a source of energy for peaceful 
purposes. 
5.3 If intellectual property is created by AECL or its personnel, which is seconded by Euratom 
to the Joint Central Team, the ITER Director shall promptly inform the ITER Council with a 
recommendation on the countries where intellectual property protection should be obtained. 
Each Party or its personnel and Canada through AECL and its personnel, shall, however, be 
entitled to acquire all right, title and interest in and to intellectual property in their respective 
territories. The ITER Council shall decide whether and how to seek such protection in third 
countries other than Canada. Each Party and Canada though AECL shall ensure that the 
personnel of the Joint Central Team can freely use the protected subject matter for the 
execution of the tasks assigned to the Joint Central Team, and that all Parties including 
Euratom are granted an irrevocable, non-exclusive, royalty-free licence, with the right to 
sub-licence for research and development in controlled thermonuclear fusion as a source of 
energy for peaceful purposes. 
5.4 If intellectual property is created by AECL or its personnel, which is seconded by Euratom 
to the Home Team of another Party (the receiving Party), subject to the relevant applicable 
laws: 
(i) the receiving Party or its personnel shall be entitled to acquire all right, title, and 
interest in and to any such intellectual property in all countries except Euratom 
and Canada, subject to a non-exclusive, irrevocable, royalty-free licence, with the 
right to sub-licence, to the other Parties for research and development on 
controlled thermonuclear fusion as a source of energy for peaceful purposes; 
(ii) Euratom or its personnel shall be entitled to acquire all right, title and interest in 
and to any such intellectual property in its own territory, subject to a non­
exclusive, irrevocable, royalty-free licence, with the right to sub-licence, to the 
other Parties for research and development on controlled thermonuclear fusion 
as a source of energy for peaceful purposes; 
J 
(iii) Canada through AECL or its personnel shall be entitled to acquire all right, title 
and interest in and to any such intellectual property in Canada, subject to a non­
exclusive, irrevocable, royalty-free licence, with the right to sub-licence, to the 
other Parties for research and development on controlled thermonuclear fusion 
as a source of energy for peaceful purposes. 
5.5 If intellectual property is created by personnel of one Party (the sending Party) which is 
seconded to Canada, subject to the relevant applicable laws: 
(i) Canada through AECL or its personnel shall be entitled to acquire all right, title 
and interest in and to any such intellectual property in all countries except the 
sending Party and Euratom, subject to a non-exclusive, irrevocable, royalty-free 
licence, with the right to sub-licence, to each Party for research and development 
on controlled thermonuclear fusion as a source of energy for peaceful purposes; 
(ii) the sending Party or its personnel shall be entitled to acquire all right, title and 
interest in and to any such intellectual property in its own territory, subject to a 
non-exclusive, irrevocable, royalty-free licence, with the right to sub-licence, to 
the other Parties for research and development on controlled thermonuclear 
fusion as a source of energy for peaceful purposes; 
(iii) Euratom or its personnel shall be entitled to acquire all right, title and interest in 
and to any such intellectual property in its own territory, subject to a non­
exclusive, irrevocable, royalty-free licence, with the right to sub-licence, to the 
other Parties for research and development on controlled thermonuclear fusion 
as a source of energy for peaceful purposes." 
5. The MoU will have to be concluded by the Commission in conformity with Article 101, 
second paragraph, of the Treaty establishing the EAEC. 
6. The Commission proposes that the Council adopt, in application of Article 101, second 
paragraph, of the Treaty establishing the EAEC, the Council Decision attached hereto 
concerning the conclusion, by the Commission, of the Memorandum of Understanding 
for cooperation between the European Atomic Energy Community and the Government 
of Canada in the field of controlled nuclear fusion. 
* 
Draft 
COUNCIL DECISION 
of 
concerning the conclusion, by the Commission, of the Memorandum of Understanding for 
cooperation between the European Atomic Energy Community and the Government of Canada 
in the field of controlled nuclear fusion. 
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 Framework Agreement for commercial and economic co-operation between 
the European Communities and Canada of 6 July 19761, and in particular Article 111(2) thereof, 
which provides for technological and scientific exchanges, 
Having regard to the draft Decision submitted by the Commission, 
Whereas the Commission has, in accordance with the Council Directives of 7 November 1991, 
conducted negotiations on a Memorandum of Understanding for cooperation between the 
European Atomic Energy Community and the Government of Canada in the field of controlled 
nuclear fusion, 
Whereas the conclusion, by the Commission, of the Memorandum of Understanding should be 
approved; 
HAS DECIDED AS FOLLOWS: 
Sole Article 
The conclusion, by the Commission, for and on behalf of the Community, of the Memorandum 
of Understanding for cooperation between the European Atomic Energy Community and the 
Government of Canada in the field of controlled nuclear fusion is hereby approved. 
The text of the Memorandum of Understanding is annexed to this Decision. 
Done at , 
For the Council 
The President 
S 
1 OJ No L 260, 24.9.1976, p. 1, 
DRAFT 
MEMORANDUM OF UNDERSTANDING 
FOR COOPERATION BETWEEN 
THE EUROPEAN ATOMIC ENERGY COMMUNITY AND 
THE GOVERNMENT OF CANADA 
IN THE FIELD OF CONTROLLED NUCLEAR FUSION 
THE EUROPEAN ATOMIC ENERGY COMMUNITY (hereinafter referred to as 
"Euratom"), represented by the Commission of the European Communities (hereinafter 
referred to as "the Commission"), and THE GOVERNMENT OF CANADA, (collectively 
referred to as "the Parties") 
HAVING REGARD TO the Framework Agreement for Commercial and Economic 
Cooperation between Canada and the European Communities of 6 July 1976 which 
provides in Article III.2 for technological and scientific exchanges; 
DESIRING to facilitate the achievement of controlled nuclear fusion energy as an 
environmentally acceptable, economically competitive, and virtually limitless source 
of energy; 
6 
NOTING that the Euratom Fusion Programme is a broad-based programme embracing 
all activities undertaken in the Community in the field of controlled nuclear fusion by 
magnetic confinement and is implemented through Contracts of Association between 
Euratom and Member States, organizations in the Member States, Sweden and 
Switzerland, by the Joint European Torus (JET) Joint Undertaking, by the Joint 
Research Center, through a multilateral agreement concerning the Next European 
Torus (NET) and through contracts with industry; and that the Euratom Fusion 
Programme presents itself as a single body in its reJations with other fusion 
programmes in the world; 
NOTING that the Canadian National Fusion Programme is a focused programme 
concentrating on the specific strengths of fusion science and technology in Canada 
and is administered by Atomic Energy of Canada Limited and is implemented 
principally through two provincial electrical-utility-based projects - the Centre canadien 
de fusion magnétique (CCFM), managed by Hydro Québec and the Canadian Fusion 
Fuels Technology Project (CFFTP), managed by Ontario Hydro ; 
NOTING that Euratom and the Government of Canada are Parties to the Agreement 
of Cooperation in the Peaceful Uses of Atomic Energy of 6 October 1959, as 
amended, and that the Amendment in the form of an exchange of letters dated 
15 July 1991 governs transfers of tritium and tritium-related equipment from Canada 
to Euratom for the purposes of the letter's fusion programme;. 
RECOGNIZING that the Parties' fusion programmes are complementary and that 
mutual benefits have been derived from cooperation between the Parties in the field 
of fusion energy research and development under the Memorandum of Understanding 
between the European Atomic Energy Community and the Government of Canada 
concerning Cooperation in the Field of Fusion Research and Development, dated 
6 March 1986; 
DESIRING TO continue and strengthen such cooperation in the future; 
HAVE REACHED THE FOLLOWING UNDERSTANDING : 
ARTICLE I 
The objective of this Understanding is to maintain and strengthen cooperation 
between the Parties, on the basis of mutual benefit and reciprocity, in the areas 
covered by their fusion programmes in order to develop the scientific understanding 
and technological capability underlying a fusion power system. 
ARTICLE II 
Cooperation under this Understanding may be entered upon in: 
a) Tokamaks; 
b) plasma physics; 
c) fusion technology; 
d) fusion fuels; 
e) alternative lines to Tokamaks; and 
f) other areas as mutually decided in writing. 
ARTICLE III 
Cooperation pursuant to this Understanding may include the following activities: 
a) exchange and provision of information and data; 
b) involvement in either Party's contributions to the fusion programmes or 
projects involving third parties such as ITER (International Thermonuclear 
Experimental Reactor), subject to the consent, if required, of such third 
parties; 
c) participation in studies, experiments or projects performed by either 
Party, and in meetings; 
d) exchange and provision of scientists, engineers and other specialists; 
e) exchange and provision of equipment, instruments, materials,fuels, and 
spare parts; 
f) transfers of tritium and tritium-related equipment pursuant to the above 
quoted Amendment of 15 July 1991 to the Agreement between the 
Parties on Cooperation in the Peaceful Uses of Atomic Energy of 
6 October 1959; 
g) execution of joint studies, experiments or projects; arid 
h) such other activities as mutually decided in writing. 
ARTICLE IV 
1. On the Euratom side, this Understanding will be implemented by the 
Commission or any entity or organization associated with Euratom within the 
framework of the Euratom Fusion Programme or the Joint European Torus (JET) 
Joint Undertaking. Such entities or organizations will be designated by Euratom. 
Euratom will inform the Government of Canada in writing of entities and 
organizations so designated. 
3 
2. On the Canadian side, this Understanding will be implemented by the entity 
designated by the Government of Canada. The Government of Canada will 
inform Euratom in writing of its designation. The entity so designated by the 
Government of Canada will designate in writing other entities and organizations 
to participate in the implementation of this Understanding. 
ARTICLE V 
1. Specific details and procedures to implement activities underthis Understanding 
will, when necessary, be established, on a case by case basis, in specific 
implementing agreements. 
2. Specific implementing agreements should, as appropriate, includeprovisionsthat 
deal with: 
a) the treatment of information, industrial property and copyright; 
b) terms and conditions for the exchange of staff; 
c) terms and conditions for the exchange or provision of equipment, 
instruments, materials, fuels and spare parts; 
d) the allocation of costs; and 
e) applicable law. 
3. Each Party will require the entities and organizations designated pursuant to 
Article IV, to include, where applicable, 
a) the provisions described in Annex I for the treatment of information, 
industrial property and copyright, and 
to reflect, where applicable, 
AO 
b) the principles described in Annex II for the exchange of staff, the 
exchange and provision of equipment, instruments and spare parts, 
transfers of tritium and tritium-related equipment and the allocation of 
costs and industrial property rights arising from activities other than the 
exchange of personnel or information, in implementing agreements 
concluded pursuant to this Understanding. 
4. Annexes I and II form an integral part of this Understanding. 
ARTICLE VI 
1. The Parties will establish a Coordinating Committee to coordinate and supervise 
the implementation of activities under this Understanding. The Committee will 
consist of up to eight members, half of whom will be appointed by each Party. 
Each Party will nominate one of its appointed members as the head of its 
delegation. 
2. The Coordinating Committee will meet alternately in Europe and Canada, but 
for any given meeting, the Parties may decide to meet at another location. The 
head of delegation of the host Party will chair the current meeting and convene 
the next meeting of the Committee to take place within a two-year period on 
a date satisfactory to both Parties. 
3. The Coordinating Committee will 
a) review and monitor the plans and progress of activities under this 
Understanding; 
b) exchange information and views on scientific and technical policy issues; 
c) propose, coordinate and approve future activities that are within the 
scope of this Understanding having regard to technical merit and level of 
effort to ensure overall mutual benefit and reciprocity; 
AA 
d) identify areas of cooperation and activities to be pursued under 
Article II f), and Article III h); 
e) ensure that the effect on the environment of activities under this 
Understanding is assessed; 
f) execute such other duties as jointly decided. 
4. All decisions of the Coordinating Committee will be taken by consensus. 
ARTICLE VII 
The Parties will support the widest possible dissemination of information that is 
exchanged or provided under this Understanding 
i) on the condition that they have the right to disclose it and that it is 
either in their possession or available to them, and 
ii) subject to obligations to protect industrial property and copyright and to 
address the issues of inventions and discoveries arising from activities 
under this Understanding. 
ARTICLE VIII 
Nothing in this Understanding will be construed to prejudice existing or future 
arrangements for cooperation between the Parties. 
ARTICLE IX 
1. The performance of the Parties underthis Understanding will be subject to the 
availability of appropriated funds. 
AZ 
2. Cooperation under this Understanding will be in accordance with the laws, 
regulations and policies applicable in Canada and in Euratom and its Member 
States. 
3. Each Party will use its best efforts, within the framework of the applicable 
laws, regulations and policies, to facilitate the movement of persons, the import 
and export of materials, fuels, and equipment and the transfer of currency 
which is required for the implementation of this Understanding. 
4. All costs resulting from the implementation of this Understanding will be borne 
by the Party which incurs them unless otherwise specifically decided by the 
Parties. Any such decision will be expressed in writing. 
ARTICLE X 
1. All questions related to this Understanding arising during its duration will be 
settled by agreement of the Parties. 
2. All disputes related to this Understanding will be settled by consultation 
between the Parties. 
ARTICLE XI 
In the event that, over the duration of this Understanding, the nature of either Party's 
fusion programme changes substantially, whether by expansion, reduction or 
transformation, or by an amalgamation of elements, with the fusion programme of a 
third party, either Party will have the right to request revisions in the scope and terms 
of the Understanding. 
V3 
ARTICLE XII 
1. This Understanding will enter into effect on the date of signature by both 
Parties. It will remain in effect for ten years unless terminated at any time at 
the discretion of either Party by giving to the other Party at least six months 
written advance notice of its intention to terminate this Understanding. 
This Understanding may be amended or extended by decision of the Parties 
expressed in writing. 
2. Any activity entered upon under this Understanding and not completed at the 
time of termination of this Understanding may be continued until its completion. 
3. The termination of this Understanding will not affect rights that may have 
accrued under this Understanding to either Party up to the date of termination 
or rights and obligations under the implementing agreements concluded 
pursuant to this Understanding. 
ARTICLE XIII 
This Understanding will apply, insofar as Euratom is concerned, to the territories to 
which the Treaty establishing the European Atomic Energy Community applies and 
to the territories of the countries participating in the Euratom Fusion Programme as 
fully associated third States. 
Signed, in duplicate in English and French, at 
1994. 
For the European Atomic Energy For the Government of 
Community Canada 
<# 
ANNEX I (Article V 3 . a) ) 
Without prejudice to the inclusion of additional terms and conditions and pursuant to 
ARTICLE V of the Memorandum of Understanding for Cooperation between the 
European Atomic Energy Community and the Government of Canada in the Field of 
Controlled Nuclear Fusion, the Parties will require the inclusion, as appropriate, of the 
following provisions in implementing agreements concluded pursuant to this 
Understanding. 
A.1 Proprietary Information 
A. 1.1 Definitions 
"proprietary information" means scientific or technical data, results or 
methods of research and development, and any other information intended to 
be provided or exchanged under this implementing agreement, such as know-
how, information directly related to inventions and discoveries, technical, 
commercial or financial information, provided that it is appropriately marked 
or considered as such in accordance with subparagraph A. 1.2 b) and: 
a) is not generally known or publicly available from other sources; 
b) has not previously been made available by the owner to others 
without obligation concerning its confidentiality; and 
c) is not already in the possession of the receiving party without 
obligation concerning its confidentiality. 
"document" means a record of information whether in written form or 
recorded on disc, tape, read-only memory (ROM) or other medium. 
A5 
A. 1.2 Procedures 
a) The party receiving proprietary information under this implementing 
agreement shall respect the confidential nature thereof. 
b) .- Any document which contains proprietary information shall be clearly 
marked by the providing party with the following (or substantially similar) 
restrictive provision: 
"This document contains proprietary information furnished in confidence 
under an implementing agreement concluded pursuant to the 
Memorandum of Understanding for Cooperation between the European 
Atomic Energy Community and the Government of Canada in the Field 
of Controlled Nuclear Fusion (hereinafter referred to as "the MOU") 
dated and shall not be disseminated outside the 
Commission, the Government of Canada, entities and organizations 
designated by Euratom or the Government of Canada pursuant to the 
MOU, their contractors, and licensees without the prior written approval 
of [the providing party]. 
This notice shall be marked on any reproduction of this document, in 
whole or in part. These limitations shall automatically terminate when 
this information is disclosed by the owner without restriction." 
c) Proprietary information received in confidence under this implementing 
agreement may be disseminated by the receiving party to: 
(i) persons within or employed by the receiving party or as the case 
may be by Euratom or the Government of Canada, or by entities 
or organizations designated by Euratom or the Government of 
Canada pursuant to the Memorandum of Understanding for 
Cooperation between the European Atomic Energy Community 
and the Government of Canada in the Field of Controlled Nuclear 
Fusion; 
(ii) contractors or subcontractors of the receiving party for use only 
within the framework of their contracts with the receiving party 
in work relating to the subject matter of the proprietary 
information; 
46 
provided that any proprietary information so disseminated shall be 
marked with a restrictive provision substantially identical to that 
appearing in subparagraph A. 1.2 b); and provided that the recipient 
•.. thereof has agreed to respect the confidential nature of such information 
and agrees to disclose it no further without the prior approval of the 
providing party obtained by the receiving party, 
d) With the prior written consent of the party providing proprietary 
information under this implementing agreement, the receiving party may 
disseminate such proprietary information more widely than otherwise 
permitted in the subparagraph A.1.2 c). Both the providing and receiving 
parties shall cooperate with each other in developing procedures for 
requesting and obtaining prior written consent for such wider 
dissemination. 
A. 1.3 If one of the parties becomes aware that it will be, or may reasonably be 
expected to become, unable to meet the restrictions on dissemination in the 
paragraph A.1.2 , it shall immediately inform the other party . The parties 
shall thereafter consult to define an appropriate course of action. 
A. 1.4 The providing party in its relation with the receiving party does not warrant 
the suitability of any information transmitted for any particular use or 
application. 
A. 1.5 Each party shall treat proprietary information communicated through 
seminars, workshops, and other meetings, the assignment of staff, use of 
facilities or exchange of equipment according to the principles specified into 
paragraph A.1.2 provided that proprietary information communicated other 
than in a document shall not be subject to the limitations on disclosure unless 
the person communicating such information notifies the recipient in writing 
that the information communicated is proprietary information. 
A? 
A.2 Inventions and Discoveries 
A.2.1 Definitions 
For the purposes of paragraph A.2.2. "country" shall mean, insofar as 
Euratom is concerned, the territories to which the Treaty establishing the 
European Atomic Energy Community applies and the territories of the 
countries participating in the Euratom Fusion Programme as fully associated 
third States. 
A.2.2 With respect to any invention or discovery made or conceived in the 
execution of this implementing agreement, the parties shall take all necessary 
steps within the framework of the applicable laws and regulations with a view 
to realizing the following: 
a) Where the invention or discovery is made or conceived by personnel (the 
inventor) of one party (the assigning party) or its contractors while 
assigned to the other party (the receiving party) or its contractors in 
connection with exchanges of scientists, engineers and other specialists: 
(i) the receiving party shall acquire all right, title and 
interest in and to any such invention or discovery within its 
country and in third countries; and 
(ii) the assigning party or the inventor shall acquire all right, title and 
interest in and to any such invention or discovery within its 
country. 
b) In cases to which subparagraph A.2.2 a) does not apply and where the 
invention or discovery is made or conceived by personnel of one party 
or its contractor as a direct-result of employing information which has 
been communicated to it under this implementing agreement by the 
other party or communicated during seminars or other joint meetings, the 
party or its contractor whose personnel make or conceive the invention 
or discovery shall acquire all right, title, and interest in and to such 
inventions or discoveries in all countries; such right, title and interest are 
subject to a grant to the other party of a royalty-free, non-exclusive, 
irrevocable licence (including the right of the other 
/It 
party to grant sub-licences) in and to any such invention or discovery, 
and right associated with a patent application related to such invention 
or discovery and any patent or any other protection relating to such 
invention or discovery in all countries, 
c) The party which owns the invention referred to in subparagraphs 
A.2.2 a) and b) shall, upon request, license such invention or 
discovery to the other party on reasonable terms and conditions. 
A.2.3 Each party shall, without prejudice to any right of inventor under the 
applicable laws, take all necessary steps to provide the cooperation of its 
personnel required to implement the provisions of paragraph A.2.2. With 
respect to any invention or discovery made or conceived in the execution of 
this implementing agreement, each party shall assume the responsibility to 
pay awards or compensation required to be paid to its own employees or in 
accordance with applicable laws. 
A.3 Copyrights 
Copyrights held by the parties shall be accorded treatment consistent with 
the Berne Convention (as revised). As to copyrights on works provided or 
exchanged pursuant to this implementing agreement, owned or controlled by 
one party, that party shall grant to the other party a license to reproduce or 
translate copyrighted material. 
A3 
ANNEX II (Article V 3. b) ) 
B. 1 Exchange of Staff 
With respect to any exchange of scientists, engineers and other specialists 
under the Memorandum of Understanding for Cooperation between the 
European Atomic Energy Community and the Government of Canada in the 
Field of Controlled Nuclear Fusion and without prejudice to the application of 
other principles, the following principles should be applied by the parties to 
implementing agreements: 
a) Each party should ensure that scientists, engineers and other specialists 
(hereinafter referred to as "assigned staff") selected for assignment to 
the other party are qualified for the functions that they will exercise. 
b) The receiving party should arrange for adequate accommodation for the 
assigned staff and their families on a basis agreeable to both parties. 
c) The receiving party should provide all necessary assistance to the 
assigned staff and their families for administrative formalities (travel 
arrangements, etc.). 
d) Parties should ensure that assigned staff will conform to the general and 
special rules of work and safety regulations in force at the host 
establishment, or as agreed in a separate assignment arrangement. 
B.2 Exchange of Equipment, Instruments, Materials, Fuels and Spare Parts 
In the event that equipment, instruments, materials, fuels or spare parts (all 
of which are hereinafter referred to as "items") are to be exchanged or 
provided under an implementing agreement concluded pursuant to the 
Memorandum of Understanding for Cooperation between the European 
Atomic Energy Community and the Government of Canada in the Field of 
Controlled Nuclear Fusion, without prejudice to the application of other 
principles, the following provisions should be applied by the parties to the 
implementing agreement: 
Jo 
a) The sending party should supply, as soon as possible, a detailed list of 
the items it will provide together with the relevant specifications and 
technical and informational documentation for them. 
b) Items provided by the sending party should remain its property and 
should be returned to the sending party upon completion of the activity 
that is the subject of the implementing agreement, unless otherwise 
agreed by the parties. 
c) Items should be brought into operation at the host establishment only by 
common agreement of the parties. 
d) The receiving party should provide the necessary premises for the items 
and should ensure the availability of electrical power, water, gas or other 
requirements as decided in common by the parties. 
e) Responsibility for the outbound and return transport of the items from 
the sending party to their ultimate destination at the installation of the 
receiving party, and for their safekeeping and insurance en route, 
together with related expenses, should be undertaken by the sending 
party, unless otherwise agreed by the parties. 
f) The receiving party should notify customs authorities that the items 
provided by the sending party are for carrying out agreed activities of a 
scientific character and not of a commercial character. 
Transfers of tritium and tritium-related equipment will be governed by the 
Amendment of 15 July 1991 to the Agreement between the Parties on 
Cooperation in the Peaceful Uses of Atomic Energy of 6 October 1959. 
B.3 Allocation of Costs 
In an implementing agreement concluded pursuant to the Memorandum of 
Understanding for Cooperation between the European Atomic Energy 
Community and the Government of Canada in the Field of Controlled Nuclear 
Fusion, without prejudice to the application of other principles, the following 
principle on the allocation of costs should be' applied by the parties to the 
implementing agreement: 
Si 
AH costs arising under an implementing agreement should be borne by 
the party thereto that incurs them unless otherwise specifically agreed 
by the parties. Any such agreement should be expressed in writing. 
B.4 Industrial Property Rights 
The parties to the implementing agreements covering activities other than 
exchange of personnel or information should, prior to commencing such 
cooperative activities, decide on an appropriate distribution of industrial 
property rights relating to inventions or discoveries resulting from such 
activities. In so deciding, they should take into consideration their respective 
benefits from, contribution to and rights in relation to the activities. 
A! 
ISSN 0254-1475 
C0M(94) 343 final 
DOCUMENTS 
EN il is 
Catalogue number : CB-CO-94-355-EN-C 
ISBN 92-77-71958-3 
Office for Official Publications of the European Communities 
L-29S5 Luxembourg