ARCHIVES HISTORIQUES 
DE LA COMMISSION 
 
 
 
COLLECTION RELIEE DES 
DOCUMENTS "COM" 
 
 
 
 
COM (84) 720 
 
 
 
Vol. 1984/0 260 
  
 
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 opening to the public of the historical archives of the European Econom ic 
Communit y and the European Atom ic 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 file 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 1983 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. 
COMMISSIONE DELLE COMUNITÀ EUROPEE
il
C 0 M C 8 4 ) 720 def.
■ y
Bruxelles> 14 dicembre 1984
Agenzia Internazionale dell'Energia
Accordo di esecuzione di un programma di R&S per la  
conservazione dell'energia negli edifici  
e nei sistemi collettivi
(comminicazione della Commissione al Consiglio)
C 0 M C 8 4 ) 720 def.

C O M M U N I C A Z I O N E  D E L L A  C O M M I S S I O N E  A L  C O N S I G L I O
N ei giorni 24 giugno e 6  luglio 1976, la C om unità europea per  
l energia atomica (Euratom) e la C om unità economica europea hanno concluso  
con  l'Agenzia internazionale per l'Energia (A IE ) u n  accordo sotto  
forma di scambio di lettere, relativo alla cooperazione nel settore  
della ricerca e dello sviluppo energetici.
Conformemente a  detto scambio di lettere, le C om unità europee  
hanno dichiarato di voler negoziare, caso per caso, la loro  
partecipazione soltanto a  quegli "accordi di attuazione" elaborati  
nell'ambito dell'AIE, tali d a contribuire al conseguimento degli  
obiettivi di ricerca e di sviluppo della Comunità. L 'A IE  h a  preso  
atto di questo intento e confermato che detta partecipazione è  
aperta alle C om m u n ità europee.
A  n orm a di questo scambio di lettere sono stati conclusi dieci accordi  
di attuazione che delimitano u n  contesto "globale" inteso a  disciplinare  
lo svolgimento dei vari compiti di ricerca e di sviluppo descritti  
negli allegati a  ciascun accordo suddetto.
Nel 1977 è stato concluso u n  accordo di attuazione per u n  program m a  
di ricerca e sviluppo sulla conservazione dell'energia negli edifici  
e nei locali pubblici. L a  Commissione a  tutt'oggi non h a  firmato.
Il comitato esecutivo che gestisce la ricerca nell'ambito del  
predetto accordo h a  definito ulteriori compiti in materia, riunendoli  
nel cosiddetto allegato X I  ai documenti annessi. L'allegato si  
riferisce allo sviluppo di mezzi, metodi e strategie con u n  adeguato  
rapporto efficienza/prezzo per il controllo dell'energia negli  
edifici. Il program m a R  &  S  dell'allegato suddetto è articolato  
in due elementi :
Elemento A  :  M etodi e  strumenti di raccolta dei dati per il controllo  
dell'energia :
a) M essa a  punto di metodi e strumenti per la raccolta dei dati;
b ) stesura, valutazione e divulgazione delle informazioni di base  
riguardanti vecchi e  nuovi metodi, mezzi e strumenti per la  
raccolta dei dati.
L'attuale program m a di ricerca per le fonti di energia non nucleare  
del C C R  com prende "la gestione dell'energia negli edifici". In  
quest'ambito, la Commissione intende partecipare al program m a di  
ricerca e sviluppo dell'allegato X I  e, a  tal fine, aderire  
all'accordo di attuazione.

2.
FLem ento U  :  Definizione di opportuni istemi di risparmio energetico  
negli edifici antichi :
c) Messa a  punto di metodi per la valutazione del consum o energetico  
e di strategie intese al miglioramento dello stesso;
d) Elaborazione e applicazione di cifre ottimali per il consum o  
energetico nei vari tipi di edifici;
e) Messa a  punto di metodi atti a  valutare l'efficacia dei sistemi  
di risparmio energetico negli edifici antichi.
6. L a  definizione di questi elementi A ) e B ) presuppone u n  coordinamento  
ed una pianificazione, per cui la Commissione h a  deciso di agire in  
veste informale com e participante principale all'elemento B), prima
che sia formalmente approvata la sua adesione all'accordo di attuazione.
7. L'articolo I, lettera a) dell'accordo di attuazione stabilisce che i  
partecipanti si scambino i  dati relativi all'esito delle ricerche  
svolte.
I  dati pervenuti alla Comunità devono essere diramati a  
tutti gli Stati m em bri.
L'articolo 8  dell'allegato X I  disciplina l'informazione e la  
proprietà intellettuale.
8. Poiché il program m a dell'allegato X I  prevede una ripartizione dei  
compiti, la partecipazione della Commissione non presuppone alcuna  
implicazione finanziaria. Ciascun partecipante contribuirà mettendo
a  disposizione personale per almeno 20 mesi; la Commissione, in quanto  
partecipante principale contribuirà con 30 mesi/uomo. L'apporto  
della Commissione non presuppone personale supplementare e potrà  
essere effettuato nell'ambito del normale onere di lavoro presso il  
centro com une di ricerca di Ispra.
9. Il sottocomitato per l'energia del C R E S T  h a espresso u n  parere  
favorevole in merito.
10. Prim a di aderire all'accordo di attuazione e di partecipare
formalmente al program m a dell'allegato XI, la Commissione informa  
il Consiglio della sua intenzione in tal senso, co m e nei casi  
precedent i .

INTERNATIONAL ENERGY AGENCY
IMPLEMENTING AGREEMENT
FOR A PROGRAMME OF RESEARCH  
AND DEVELOPMENT
ON ENERGY CONSERVATION IN BUILDINGS  
AND COMMUNITY SYSTEMS

INTERNATIONAL ENERGY AGENCY
IMPLEMENTING AGREEMENT
FOR A PROGRAMME OF RESEARCH  
AND DEVELOPMENT
ON ENERGY CONSERVATION IN BUILDINGS  
AND COMMUNITY SYSTEMS
TABLE OF CONTENTS
Preamble  ...................................................................................................... 5
Article 1
Objectives  .................................................................................................... 6
Article 2
Identification  and Initiation  of Ta s k s ......................................... 6
Article 3
The Executive  Committee  ....................................................................... 7
Article 4
The Operating  Ag e n t s ............................................................................ 9
Article 5
Administration  and Staet  ..............................................  10
Article 6
Finance  .............................................................................................................. 1 1

Article  7
Information  and Intellectual  Property
Article 8
Legal  Responsibility  and Insurance  ...........................................
Article, 9
I . -g'slative  Provisions ............................ .............................................
Art
icle 10
Admission  and W ithdrawal  of Contracting  Pa r t ie s ..............
Ar
ticle 11
Final  Provisions  ......................................................................................
ANNEX 1
Establishment  of M ethodologies  for Load/Energy  Deter ­
mination  of Buildings ....................................................

INTERNATIONAL ENERGY AGENCY
IMPLEMENTING AGREEMENT
FOR A PROGRAMME OF RESEARCH  
AND DEVELOPMENT
ON ENERGY CONSERVATION IN BUILDINGS  
AND COMMUNITY SYSTEMS
The Contracting Parties
Considering  that the Contracting Parties, being either governments or inter­
national organisations or parties designated by their respective governments pursuant to  
Article III of the Guiding Principles for Co-operation in the Field of Energy Research and  
Development adopted by the Governing Board of the International Energy Agency (the  
“Agency”) on 28th July, 1975, wish to take part in the establishment and operation of a  
Programme of Research and Development on Energy Conservation in Buildings and  
Community Systems (the “Programme”) as provided in this Agreement;
Considering  that the Contracting Parties which are governments and the govern­
ments of the other Contracting Parties (referred to collectively as the “Governments”)  
participate in the Agency and have agreed in Article 41 of the Agreement on an Inter­
national 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 research and devel­
opment on energy conservation in which field the Programme will be carried out;
Considering  that in the Governing Board of the Agency on 28th July, 1975  
the Governments approved the Programme as a special activity under Article 65 of the  
I.E.P. Agreement;

... . n ■ c » N s'np.RiNr, that the Agency has recognised the establishment of the Programme  
as an important component of international co-operation in the field of energy conservation  
ie.search and development;
Have agreed  as follows:
Article 1  
OBJECTIVES
. . $c°pe of Activity.  The Programme to be carried out by the Contracting
at ties within the framework of this Agreement shall consist of co-operative research,  
development, demonstrations and exchanges of information regarding energy conservation  
in buildings a.id community systems.
(b) Method of Implementation.  The Contracting Parties shall implement the  
Programme ov undertaking one or more tasks (the “Task” or “Tasks”) each of which  
will be open n- 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”.
(c) 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 of all Contracting Parties in the field of energy conservation  
in buildings and community systems.
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 accord­
ance 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 procedure:

(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 fhe Task proposed to be performed;
(2) Whenever two or more Contracting Parties agree to undertake a new  
Task, they shall submit the 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 in the manner provided in  
paragraph (a) above;
(3) carrying out the various Tasks, Participants shall co-ordinate their  
activities in order to avoid duplication of activities.
(c) Application of Task Annexes.  Each Annex shall be binding only upon the
Participants therein and upon the Operating Agent for that Task, and shall not affect the  
rights or obligations of other Contracting Parties.
Article 3
THE EXECUTIVE COMMITTEE
Supervisory Control.  Control of the Programme shall be vested in the  
Executive Committee constituted under this Article.
(b) Membership.  The Executive Committee shall consist of one member desig­
nated by each Contracting Party; each Contracting Party shall also designate an alternate  
member to serve on the Executive Committee in the event that its designated member is  
unable to do so.
(c) Responsibilities.  The Executive Committee shall:
(1) Adopt for each year, acting by unanimity, 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; the Executive Com­
mittee may, as required, make adjustments within the framework of  
the Programme of Work and Budget;
(2) Make such rules and regulations as may be required for the sound man­
agement of the Tasks, including financial rules as provided in Article 6  
hereof;
(3) Carry out the other functions conferred upon it by this Agreement and  
the Annexes hereto; and
7

(4) Consider any matters submitted to it by any of the Operating Agents  
or by any Contracting Party.
(d) Procedure.  The Executive Committee shall carry out its responsibilities in
accordance with the following procedures:
(1) The Executive Committee shall each year elect 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 twice each year;  
a special meeting shall be convened upon the request of any Contracting  
Party which can demonstrate the need therefor;
(4) Meetings of the Executive Committee shall be held at such time and  
in such office or offices as may be designated by the Committee;
(5) At least twenty-eight days before each meeting of the Executive Com­
mittee, notice of the time, place and purpose of the meeting shall be  
given to each Contracting Party and to other persons or entities entitled  
to attend the meeting; notice need not be given to any person or entity  
otherwise entitled thereto if notice is waived before or after the  
meeting;
(6) The quorum for the transaction of business in meetings of the Executive  
Committee shall be one-half of the members plus one (less any resulting  
fraction) provided that any action relating to a particular Task shall  
require a quorum as aforesaid of members or alternate members desig­
nated by the Participants in that Task. If a government has designated  
more than one Contracting Party to this Agreement, the Executive  
Committee members designated by those Contracting Parties shall, for  
quorum purposes under this paragraph, be counted as one member.
(e) Voting.
(1) When the Executive Committee adopts a decision or recommendation  
for or concerning a particular Task, the Executive Committee shall act:
(i) When unanimity is required under this Agreement: by agreement  
of those members or alternate members which were designated by  
the Participants in that Task and which are present and voting;
(ii) When no express voting provision is made in this Agreement: by  
majority vote of those members or alternate members which were  
designated by the Participants in that Task and which are present  
and voting;
8 si

(2) In all other cases in which this Agreement expressly requires the  
Executive Committee to act by unanimity, this shall require the agreement  
of each member or alternate member present and voting, and in respect  
of all other decisions and recomm idations for which no express voting  
provision is made in this Agreement, the Executive Committee shall  
act by a majority vote of the members or alternate members present  
and voting;
(3) The decisions and recommendations referred to in paragraphs (1) and
(2) above may, with the agreement of each member or alternate member  
entitled to act thereon, be made by mail, telex or cable without the  
n ’cessity for calling a meeting. Such action shall be taken by unanimity  
or majority of such members as in a meeting. The Chairman of the  
Executive Committee shall ensure that all members are informed of  
each decision or recommendation made pursuant to this paragraph;
(4) If a government has designated more than one Contracting Party to this  
Agreement, those Contracting Parties may cast only one vote under  
this Article.
(f) Reports.  The Executive Committee shall, at least annually, provide the
Agency with periodic reports on the progress of the Programme.
Article 4
THE OPERATING AGENTS
(a) Designation.  Participants shall designate in the relevant Annex an Operating  
Agent for each Task. References in this Agreement to the Operating Agent shall apply  
to each Operating Agent in respect of the Task for which it is responsible.
(b) Scope of Authority to A ct on Behalf of Participants.  Subject to the provisions  
of the applicable Annex:
(1) All legal acts required to carry out each Task shall be performed on  
behalf of the Participants by the Operating Agent for the Task;
(2) The Operating Agent shall hold, for the benefit of the Participants,  
the legal title to all property rights which may accrue to or be acquired  
for the Task.
The Operating Agent shall operate the Task under its supervision and responsibility,  
subject to this Agreement, in accordance with the law of the country of the Operating Agent.
(c) Reimbursements of Costs.  The Executive Committee may provide that  
expenses and costs incurred by an Operating Agent in acting as such pursuant to this  
Agreement shall be reimbursed to the Operating Agent from funds made available by the  
Participants pursuant to Article 6 hereof.
>9

(d) Replacement.  Should the Executive Committee wish to replace an Operating  
Agent with another government or entity, the Executive Committee may, acting by  
unanimity and with the consent of such government or entity, replace the initial Operating  
Agent. References in this Agreement to the “Operating Agent” shall include any govern­
ment or entity appointed to replace the original Operating Agent under this paragraph.
(e) Resignation.  An Operating Agent shall have the right to resign at any  
time, by giving six months written notice to that effect to the Executive Committee, provided  
that:
(1) A t Participant, or entity designated by a Participant, is at such time  
willing to assume the duties and obligations of the Operating Agent and  
so notifies the Executive Committee and the other Participants to that  
effect, in writing, not less than three months in advance of the effective  
date of such resignation; and
(2) Such Participant or entity is approved by the Executive Committee,  
acting by unanimity.
(f) Accounting.  An Operating Agent which is replaced or which resigns as  
Operating Agent shall provide the Executive Committee with an accounting of any monies  
and other assets which it may have collected or acquired for the Task in the course of  
carrying out its responsibilities as Operating Agent.
(g) Transfer of Rights.  In the event that another Operating Agent is appointed  
under paragraph (d) or (e) above, the Operating Agent shall transfer to such replacement  
Operating Agent any property rights which it may hold on behalf of the Task.
Article 5
ADMINISTRATION AND STAFF
(a) Administration of Tasks.  Each Operating Agent shall be responsible to the  
Executive Committee for implementing its designated Task in accordance with this Agree­
ment, the applicable Task Annex, and the decisions of the Executive Committee.
(b) Information and Reports.  Each Operating Agent shall furnish to the  
Executive Committee such information concerning the Task as the Committee may request  
and shall each year submit, not later than two months after the end of the financial year,  
a report on the status of the Task.
(c) Staff.  It shall be the responsibility of the Operating Agent to retain such  
staff as may be required to carry out its designated Task in accordance with rules determined  
by the Executive Committee. The Operating Agent may also, as required, utilise the  
services of personnel employed by other Participants (or organisations or other entities 
designated by Contracting Parties) and made available to the Operating Agent by second­
ment or otherwise. Such personnel shall be remunerated by their respective employers
10Ì

and shall, except as provided in this Article, be subject to their employers’  conditions of  
service. The Contracting Parties shall be entitled to claim the appropriate cost of such  
remuneration or to receive an appropriate credit f m such cost as part of the Budget of  
the Task, in accordance with Article 6 (f) (6) hereof.
Article 6  
FINANCE
(a) Individual Obligations.  Each Contracting Party shall bear the costs it incurs  
in carrying out this Agreement, including the costs of formulating or transmitting reports 
and of reimbursing its employees for travel and other per diem expenses incurred in  
connection with work carried out on the respective Tasks, unless provision is made for  
such costs to be reimbursed from common funds as provided in paragraph (g) below.
(b) Common Financial Obligations.  Participants wishing to share the costs  
of a particular Task shall agree in the appropriate Task Annex to do so. The apportion­
ment of contributions to such costs (whether in the form of cash, services rendered, intel­
lectual property or the supply of materials) and the use of such contributions shall be  
governed by the regulations and decisions made pursuant to this Article by the Executive  
Committee.
(c) Rules of Procurement, Expenditure.  The Executive Committee, acting by  
unanimity, may make such regulations as are required for the sound financial management  
of each Task including, where necessary:
(1) Establishment of budgetary and procurement procedures to be used by  
the Operating Agent in making payments from any common funds  
which may be maintained by Participants for the account of the Task  
or in making contracts on behalf of the Participants;
(2) Establishment of minimum levels of expenditure for which Executive  
Committee approval shall be required, including expenditure involving  
payment of monies to the Operating Agent for other than routine salary  
and administrative expenses previously approved by the Executive  
Committee in the budget process.
In the expenditure of common funds, the Operating Agent shall take into account the  
necessity of ensuring a fair distribution of such expenditure in the Participants countries,  
where this is fully compatible with the most efficient technical and financial management  
of the Task.
(d) Crediting of Income to Budget.  Any income which accrues from a Task  
shall be credited to the Budget of that Task.
(e) Accounting.  The system of accounts employed by the Operating Agent  
shall be in accordance with accounting principles generally accepted in the country of the  
Operating Agent and consistently applied.

P  ! rof > ratnme of Work and Budget, Keeping of Accounts.  Should Participants
agree to maintain common funds for the payment of obligations under a Programme of  
-vorK and Budget of the Task, accounts shall be maintained as follows unless otherwise  
decided by the Executive Committee, acting by unanimity:
(1) The financial year of the Task shall correspond to the financial year of  
the Operating Agent;
(2) The Operating Agent shall each year prepare and submit to the Executive  
Committee for approval a draft Programme of Work and Budget,  
together with an indicative programme of work and budget for the  
following two years, not later than three months before the beginning of  
each financial year;
(3) The Operating Agent shall maintain complete, separate financial records  
which shall clearly account for all funds and property coming into the  
custody or possession of the Operating Agent in connection with the  
Task;
(4) Not later than three months after the close of each financial year the  
Operating Agent shall submit to auditors selected by the Executive  
Committee for audit the annual accounts maintained for the Task; upon  
completion of the annual audit, the Operating Agent shall present the  
accounts together with the auditors’  report to the Executive Committee  
for approval;
(5) All books of account and records maintained by the Operating Agent  
shall be preserved for at least three years from the date of termination  
of the Task;
(6) Where provided in the relevant Annex, a Participant supplying services, 
materials or intellectual property to the Task shall be entitled to a  
credit, determined by the Executive Committee, acting by unanimity,  
against its contribution (or to compensation, if the value of such  
services, materials or intellectual property exceeds the amount of the  
Participant’s contribution); such credits for services of staff shall be  
calculated on an agreed scale approved by the Executive Committee  
and include all payroll-related costs.
(g) Contribution to Common Funds.  Should Participants agree to establish
common funds under the annual Programme of Work and Budget for a Task, any financial  
contributions due from Participants in a Task shall be paid to the Operating Agent in  
the currency of the country of the Operating Agent at such times and upon such other  
conditions as the Executive Committee, acting by unanimity, shall determine, provided  
however that:
(1) Contributions received by the Operating Agent shall be used solely in  
accordance with the Programme of Work and Budget for the Task;

(2) The Operating Agent shall be under no obligation to carry out any work  
on the Task until contributions amounting to at least fifty per cent  
(in cash terms) of the total due at any one time have been received.
(h) Ancillary Services.  Ancillary services may, as agreed between the Executive  
Committee and the Operating Agent, be provided by that Operating Agent for the operation  
of a Task and the costs of such services, including overheads connected therewith, may be  
met from budgeted funds of that Task.
(i) Taxes.  The Operating Agent shall pay all taxes and similar impositions  
(other than taxes on income) imposed by national or local governments and incurred by it  
in connection with a Task, as expenditure incurred in the operation of that Task under 
the Budget; the Operating Agent shall, however, endeavour to obtain all possible exemptions  
from such taxes.
(j) Audit.  Each Participant shall have the right, at its sole cost, to audit the  
accounts of any work in a Task for which common funds are maintained on the following  
terms:
(1) The Operating Agent shall provide the other Participants with an  
opportunity to participate in such audits on a cost-shared basis;
(2) Accounts and records relating to activities of the Operating Agent other  
than those conducted for the Task shall be excluded from such audit,  
but if the Participant concerned requires verification of charges to the  
Budget representing services rendered to the Task by the Operating  
Agent, it may at its own cost request and obtain an audit certificate  
in this respect from the auditors of the Operating Agent;
(3) Not more than one such audit shall be required in any financial year;
(4) Any such audit shall be carried out by not more than three representatives
of the Participants.
Article 7
INFORMATION AND INTELLECTUAL PROPERTY
It is expected that for each Task agreed to pursuant to this Agreement, the applicable  
Annex will contain information and intellectual property provisions. The General Guide­
lines Concerning Information and Intellectual Property, approved by the Governing Board  
of the Agency on 21st November, 1975, shall be taken into account in developing such  
provisions.

A rtide 8
LEGAL RESPONSIBILITY AND INSURANCE
(a\ Liability of Operating Agent.  The Operating Agent shall use all reasonable
skill and care in carrying out its duties under this Agreement in accordance with all  
applicable laws and regulations. Except as otherwise provided in this Article, the cost  
of all damage to property, and all expenses associated with claims, actions and other costs  
arising from work undertaken with common funds for a Task shall be charged to the  
Budget of that Task; such costs and expenses arising from other work undertaken for a  
Task shall be c?■  urged to the Budget of that Task if the Task Annex so provides or the  
Executive Committee, acting by unanimity, so decides.
(b) Insurance.  The Operating Agent shall propose to the Executive Committee  
all necessary liability, fire and other insurance, and shall carry such insurance as the  
Executive Committee may direct. The cost of obtaining and maintaining insurance shall  
be charged to the Budget of the Task.
(c) Indemnification of Contracting Parties.  The Operating Agent shall be liable,  
in its capacity as such, to indemnify Participants against the cost of any damage to  
property and all legal liabilities, actions, claims, costs and expenses connected therewith 
to the extent that they:
(1) Result from the failure of the Operating Agent to maintain such  
insurance as it may be required to maintain under paragraph (b) above;  
or
(2) Result from the gross negligence or wilful misconduct of any officers  
or employees of the Operating Agent in carrying out their duties under  
this Agreement.
Article 9
LEGISLATIVE PROVISIONS
(a) Accomplishment of Formalities.  Each Participant shall, within the frame­
work of applicable legislation, use its best endeavours to facilitate the accomplishment of  
formalities involved in the movement of persons, the importation of materials and equip­
ment and the transfer of currency which shall be required to conduct the Task in which  
it is engaged.
(b) Applicable Laws.  In carrying out this Agreement and its Annexes, the  
Contracting Parties shall be subject to the appropriation of funds by the appropriate govern­
mental authority, where necessary, and to the constitution, laws and regulations applicable  
to the respective Contracting Parties, including, but not limited to, laws establishing
\«f

prohibitions upon the payment of commissions, percentages, brokerage or contingent fees  
to persons retained to solicit governmental contracts and upon any share of such contracts  
accruing to governmental officials.
(c) Decisions of Agency Governing Board.  Participants in the various Tasks shall  
take account, as appropriate, of the Guiding Principles for Co-operation in the Field of  
Energy Research and Development, and any modification thereof, as well as other decisions  
of the Governing Board of the Agency in that field. The termination of the Guiding  
Principles shall not affect this Agreement, which shall remain in force in accordance with  
the terms hereof.
(d) Settlement of Disputes.  Any dispute among the Contracting Parties con­
cerning the interpret :tion or the application of this Agreement which is not settled by  
negotiation or other agreed mode of settlement, shall be referred to a tribunal of three  
arbitrators to be chosen by the Contracting Parties concerned who shall also choose the  
Chairman of the tribunal. Should the Contracting Parties concerned fail to agree upon  
the composition c-f 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 con­
cerned, exercise those responsibilities. The tribunal shall decide any such dispute by  
reference to the terms of this Agreement and any applicable laws and regulations, and  
its decision on a question of fact shall be final and binding on the Contracting Partie.··.  
Operating Agents which are not Contracting Parties shall be regarded as Contracting  
Parties for the purpose of this paragraph.
Article 10
ADMISSION AND WITHDRAWAL OF CONTRACTING PARTIES
(a) Admission of New Contracting Parties: Agency Countries.  Upon the  
invitation of the Executive Committee, acting by unanimity, admission to this Agree­
ment shall be open to the government of any Agency Participating Country (or a national  
acency, public organisation, private corporation, company or other entity designated  
by such government), which signs or accedes to this Agreement, accepts the rights anu  
obligations of a Contracting Party, and is accepted for participation in at least one Task  
by the Participants in that Task, acting by unanimity. Such admission of a Contracting  
Party shall become effective upon the signature of this Agreement by the new Contracting  
Party or its accession thereto and its giving Notice of Participation in one or more Annexes  
and the adoption of any consequential amendments thereto.
(b) Admission of New Contracting Parties: Other OECD Countries.  The govern­
ment of any Member of the Organism am for Economic Co-operation and Development  
which docs not participate in the Agency may, on the proposal of the Executive Commi te ,  
acting by unanimity, be invited by the Governing Board of the Agency to become a Con­
tracting Party to this Agreement (or to designate a national agency, public organisa 1 ,
private* corporation, company or other entity to do so), under the conditions stated m
paragraph (a) above.

(r >  Participation by the European Communities.  The European Communities
may participate in this Agreement in accordance with arrangements to be made by the  
Executive Committee, acting by unanimity.
(d) Admission of New Participants in Tasks.  Any Contracting Party may, with  
the agreement of the Participants in a Task, acting by unanimity, become a Participant in  
that Task. Such participation shall become effective upon the Contracting Party’s giving  
the Executive Director of the Agency a Notice of Participation in the appropriate Task  
Annex and the adoption of consequential amendments thereto.
(e) Contributions.  The Executive Committee may require, as a condition to  
admission to participation,  that the new Contracting Party or new Participant shall  
contribute (in the form of cash, services or materials) an appropriate proportion of the  
prior budget expenditure of any Task in which it participates.
(f) Replacement of Contracting Parties.  With the agreement of the Executive  
Committee, acting by unanimity, and upon the request of a government, a Contracting  
Party designated by that government may be replaced by another party, in the event of 
such replacement, the replacement party shall assume the rights and obligations of a  
Contracting Party as provided in paragraph (a) above and in accordance  with the procedure  
provided therein.
(g) Withdrawal.  Any Contracting Party may withdraw from this Agreement or  
from any Task either with the agreement of the Executive Committee, acting by unanimity,  
or by giving twelve months written Notice of Withdrawal to the Executive Director of the  
Agency, such Notice to be given not less than two years after the date hereof. The with­
drawal of a Contracting Party under this paragraph shall not affect the rights and obligations  
of the other Contracting Parties; except that, where the other Contracting Parties have  
contributed to common funds for a Task, their proportionate shares in the Task  Budget  
shall be adjusted to take account of such withdrawal.
(h) Changes of Status of Contracting Party.  A Contracting Party other than a  
government or an international organisation shall forthwith notify the Executive Committee  
of any significant change in its status or ownership, or of its becoming bankrupt or entering  
into liquidation. The Executive Committee shall determine whether any such change in  
status of a Contracting Party significantly affects the interests of the other Contracting  
Parties; if the Executive Committee so determines, then, unless the Executive Committee,  
acting upon the unanimous decision of the other Contracting Parties, otherwise agrees:
(1) That Contracting Party shall be deemed to have withdrawn from the  
Agreement under paragraph (g) above on a date to be fixed by the  
Executive Committee; and
(2) The Executive  Committee shall invite the government which designated  
that Contracting Party to designate, within a period of three months of  
the withdrawal of that Contracting Party, a different entity to become  
a Contracting Party; if approved by the Executive Committee, acting  
by unanimity, such entity shall become a Contracting Party with effect  
from the date on which it signs or accedes to this Agreement and gives  
the Executive Director of the Agency a Notice of Participation in one  
or more Annexes.

(i) Failure to Fulfil Contractual Obligations.  Any Contracting Party which fails
to fulfil its obligations under this Agreement within sixty days after its receipt of notice  
specifying the nature of such failure and invoking this paragraph, may be deemed by the  
Execuf :  e Committee, acting by unanimity, to have withdrawn from this Agreement.
Article 11
FINAL PROVISIONS
(a) Te/m of Agreement.  This Agreement shall remain in force for an initial  
period of three years from the date hereof, and shall continue in force thereafter unless  
and until the Executive Committee, acting by unanimity, decides on its termination.
(b) Legal Relationship of Contracting Parties and Participants.  Nothing in this  
Agreement shall be regarded as constituting a partnership between any of the Contracting
Parties or Participants.
(c) Termination.  Upon termination of this Agreement, or any Annex 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 made from the  
beginning of the operation of the Task, and for that purpose shall take into account the  
contributions and any outstanding obligations of former Contracting Parties. Disputes  
with a former Contracting Party about the proportion allocated to it under this paragraph  
shall be settled under Article '■)  (d)  hereof, for which purpose a former Contracting Party  
shall be regarded as a Contracting Party.
(d) Amendment.  This Agreement may be amended at any time by the Executive  
Committee, acting by unanimity, and any Annex to this Agreement may be amended at  
any time by the Executive Committee, acting by unanimity of the Participants in the Task  
to which the Annex refers. Such amendments shall come into force in a manner determined  
by the Executive Committee, acting under the voting rule applicable to the decision to  
adopt the amendment.
(c) Deposit.  The original of this Agreement shall be deposited with the Executive
Director of the Agency and a certified copy thereof shall be furnished to each Contracting  
Party. A copy of this Agreement shall be furnished to each Agency Participating Country,  
to each Member country of the Organisation for Economic Co-operation and Development  
and to the European Communities.
Done in Paris, this 16th day of March, I  y 77.

For the National  Research  
Counc  il of Canada  
(designated by the Government  
of Canada):
For the Consiglio  Nazionale  
delle  R icerche  
(designated by the Government  
of Italy):
For the Office  Fédéral  de la Science  
et de la Recherche  
du D épartement  Fédéral  de l’Intérieur  
for and on belv if of the Government  
of Switzerland:
For Atkins  R esearch  and Development  
(designated by the Government of the  
United Kingdom of Great Britain and  
Northern Ireland):
For Haden  Young  Ltd.
(designated by the Government of the  
United Kingdom of Great Britain and  
Northern Ireland):
For Oscar  Faber  and Partners  
(designated by the Government of the  
United Kingdom of Great Britain and  
Northern Ireland):
For Pilkington  Bros. L td. 
(designated by the Government of the 
United Kingdom of Great Britain and  
Northern Ireland):
For the United  States  Energy R esearch  
and Development  Administration  
for and on behalf of the Government  
of the United States of America:

Annex 1
ESTABLISHMENT OF M E! xIODOLOGIES FOR  
LOAD/ENERGY DETERMINATION OF BUILDINGS
1. Objectives
The objective of this Task is to provide for surveying, collecting and evaluating  
analytical methods used for predicting loads and energy consumption for buildings. The  
Task will provide comparisons of the results of the various methods to determine the
degree of consistency obtained.
It also will be an objective of the Task to provide Participants with the opportunity  
to interface with the U.S. Lawrence Berkeley Laboratory (LBL) System, when that system  
becomes operable, in order to allow ongoing evaluation and comparison of systems they  
themselves have developed or have under investigation.
2. Means
The Participants wili undertake a task-sharing project involving data gathering,  
analysis of results and participation in the LBL System.
3. Responsibilities of the Participants and the Operating Agent
(a) Responsibilities oj the Participants
1  : work reform ed under this Task shall consist of three subtasks:
Subtask : Caihc”  Date  -Each Participant will survey and collect and
to  th e Operating Agent analytical methods that are  
being used for predicting the annual energy consumption of a  
s p e e d  he building design, -  r  for selecting and sizing equipment  
r  th e building. Additionally, important methods being used  
fo r research will also be submitted.
, 'f termine Consistency of Results -  Once the results of the  
surveys in Subtask 1  have been received, the Operating Agent,  
with the assistance of the Participants, will conduct analyses  
to determine to what degree consistency exists between the  
various techniques and the LBL, System.
Subtask 3: Transmittal of Results and Access to LBL System — After  
analysis of the data submitted to the Participants under Sub­
task 2, the Operating Agent will transmit the information  
obtained 'hereby to the Participants. The Operating Agent  
will take steps to permit the Participants’  access to the LBL  
System for me period this Task Annex remains in force.  
Two Participants, Canada and the United Kingdom, will link  
their sy.sn .m s activities with the LBL System to provide an  
analytical research service to all Participants.

(b) Specific Duties of the Operating Agent
Within ninety days following the entry into force of this Annex, the Operat­
ing Agent will prepare a comprehensive work plan as well as a survey format for submission  
to the üxecutive Committee for its approval, acting by unanimity.
4. Funding
Each Participant shall individually bear the costs associated with the execution
of Subfasks l, 2 and 3.
5. Time SchcS lie
This Task Annex will remain in force for a period of three years. It may be  
extended by agreement of any Participants desiring to continue this project.
6. Operating /.gent
United States Energy Research and Development Administration.
7. information and Intellectual Property
(a) Executive Committee’ s Powers.  The publication, distribution, handling,  
protection and ownership of information and intellectual property arising  
from this Annex I  to the IEA Implementing Agreement for a Programme  
of R and D on Energy Conservation in Buildings and Community Systems  
(hereinafter called Annex I)  shall be determined by the Executive Com­
mittee. acting by unanimity, in conformity with this Agreement.
(h) Right to Publish.  Subject only to copyright restrictions, the Annex I  
Participants shall have the right to publish all information provided to or  
arising from Annex I  except proprietary information.
(c) Proprietary Information.  The Annex I  Participants shall take all neces­
sary measures in accordance with this paragraph, the laws of their respective  
countries and international law to protect proprietary information. For  
the purposes of this Annex, proprietary information shall mean information  
of a confidential nature such as trade secrets and know-how (for example,  
computer programmes, design procedures and techniques, chemical com­
position of materials, or manufacturing methods, processes, or treatments)  
which is appropriately marked, provided such information:
(1) Is not generally known or publicly available from other sources;
(2) Has not previously been made available by the owner to others  
without obligation concerning its confidentiality; or
(3) Is not already in the possession of the recipient Annex I  Participant  
without obligation concerning its confidentiality.

ic shall be the responsibility of each Participant supplying proprietary  
information to identify the information as such and to ensure that it is  
appropriately marked.
Production of Relevant Information by Governments.  The Operating  
Agent should encourage the governments of all Agency Participating  
Countries to make available or to identify to the Operating Agent all  
published or otherwise freely available information known to them that
is relevant to the Task.
Production of Available Information by Participants.  Each Participant  
agrees to provide to the Operating Agent all previously existing information,  
and information developed independently of the Task, which is needed  
by the Op..-rating Agent to carry out its functions in this Task and which  
is freely .u the disposal of the Participant and the transmission of which  
is not subject to any contractual and/or legal limitations:
(1) 1 ; no rrbstantiai cost is incurred by the Participant in making such  
information available, at no charge to the Task therefor;
(2) if substantial costs must be incurred by the Participant to make  
such information available, at such charges to the Task as shall be  
agreed octwe-cn the Operating Agent and the Participant with the  
approval of the Executive Committee.
Use of Confidential Information.  If a Participant has access to confidential  
information which would be useful to the Operating Agent in (inducting  
studies, assessments, analyses, or evaluations, such information may be  
communicated to the Operating Agent but shall not become pari of reports  
or other documentation, nor be communicated to the other Participants  
except as may be agreed between the Operating Agent and the Participant  
which supplies such information.
Acquisition of information for the Task.  Each Participant shall inform  
the Operating Agent of the existence of information that can be of value  
to the Task, but which is not freely available, and the Participant shall  
endeavour to make the information available to the Task under reasonable  
conditions, in which event the Executive Committee may, acting bj  
unanimity, decide to acquire such information.
Reports on Work Performed under the Task.  The Operating Agent shall 
provide reports of all work performed under the Task and the results thereof,  
including studies, assessment, analyses, evaluations and other documen­
tation, but excluding proprietary information, to the Executive Committee.
Copyright.  The Executive Committee, or any member appointed by it,  
may take appropriate measures necessary to protect copyrightable material  
generated under this Task. Copyrights obtained shall be the property  
of the Operating Agent, provided, however, that Annex  / Participants may

reproduce and distribute such material, but shall not publish it with a view  
to prom, except as otherwise directed by the Executive Committee.
(j) Authors.  Each Annex l  Participant will, without prejudice to any rights  
oi authors under its national laws, take necessary steps to provide the  
co-operation from its authors required to carry out the provisions of this  
Article. Each Annex  ƒ Participant will assume the responsibility to pay  
awards or compensation required to be paid to its employees according to  
the laws of its country.
Participants in this Task
The ( . cntracting Parties which are Participants in this Task are the following:  
The National Research Council of Canada (Canada)
The Consiglio Nazionale delie Ricerche (Italy)
The Office Fédéral de la Science et de la Recherche du Département  
Federal ae l’Intérieur (Switzerland)
Atkins Research and Development (UK)
Haden Young Ltd. (UK)
C .  '  : :r and Partner^ (UK)
Pilkington Bros. Ltd. (UK)
The United States Energy Research and Development Administration  
(United States of America)

Annex XI
DEVELOPMENT OF TOOLS FOR ENERGY AUDITING OF BUILDINGS
1. Background
<
In order to increase the efficiency of energy saving programmes many IEA  
countries are using or developing energy audit procedures. Energy audit  
refers to the methods used to break down the energy consumption in an existing  
building into components. This information may then be used to prescribe the  
introduction of appropriate energy saving technology (which could include  
electronic control systems) for a particular building. Such technological  
installations will hereafter be referred to as "retrofitting".
During recent years much attention has been focused on the development  
of the methods, training, and instruments needed for successful energy  
audits. A variety of approaches to energy auditing have been tried with  
varying success. International co-operation to solve common problems and to  
exchange experience in the auditing and retrofitting field will benefit all  
countries.
2. Objectives > .
► The objectives of this Annex are to develop cost-effective means,  
methods and strategies for auditing in buildings and to contribute to their  
implementation.
3. Means
The Participants in the Task will undertake a co-ordinated effort  
involving the sharing of work under two Subtasks:
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Subtask A: Data c o lle c tin g  methods and in stru m e n ts fo r  a u d itin g :
(a ) Development o f methods and in stru m e n ts fo r  data c o lle c tio n ;
(b ) C o m p ila tio n , e v a lu a tio n  and d is t r ib u tio n  o f b a s ic  in fo rm a tio n  
co ve rin g  e x is tin g  and new methods, means and in stru m e n ts fo r  
data c o lle c tio n .
Subtask S: Id e n tific a tio n  o f a p p ro p ria te  r e t r o f i t  packages:
(c ) Development o f methods fo r  the e v a lu a tio n  o f th e  use o f energy 
and s tra te g ie s  fo r improvement o f energy use;
(d ) F o rm u la tio n  and use o f " ta rg e t"  fig u re s  fo r  energy use in  
d if fe r e n t types o f b u ild in g s ;
(e ) Development o f methods fo r e v a lu a tin g  the e ffic ie n c y  o f 
r e t r o f i t  packages.
4. R e s p o n s ib ilitie s  o f the P a rtic ip a n ts  
Suotask A
Canada as Lead P a rtic ip a n t fo r  Subtask A w i l l :
(a ) Id e n tify  or develop a p p ro p ria te  methods and in s tru m e n ts  fo r 
energy a u d itin g  o f b u ild in g s , c o lle c t and organize 
P a r tic ip a n ts ' re p o rts  on experience w ith  methods and 
in stru m e n ts and subm it th is  in fo rm a tio n  in  summary form  in  a 
re p o rt to  Che O perating Agent. The re p o rt should d e scrib e  
past experience and id e n tify  tre n d s in  th e  f ie ld ;
(b ) C o lle c t, organize and summarize re p o rts  from th e  P a rtic ip a n ts  
on means and methods fo r  perform ance data c o lle c tio n ; d e ta ils  
o f tr a in in g  programmes are a lso  to  be in c lu d e d  i f  a v a ila b le ;
(c ) Id e n tify  areas where a c o lla b o ra tiv e  a c t iv it y  m ight be 
b e n e fic ia l to the P a rtic ip a n ts ; i n i t i a t e  Subtask A a c t iv it ie s  
agreed to  by th e  P a rtic ip a n ts ;
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(d) P ro vid e  th e  O perating Agent on a re g u la r b a s is  w ith  progress
re p o rts ;
(e ) Prepare and o rga n ize  th e  two workshops re fe rre d  to  in  sub- 
paragraphs 4 (g ) and (h ) below ; and
( f )  Prepare a f in a l re p o rt fo r  subm ission to  th e  O p e ra ting  A gent.
The P a rtic ip a n ts  w i l l :
(g ) R eport to  th e  Lead P a rtic ip a n t the experience o f energy 
a u d itin g  methods and in s tru m e n ts , te s te d  o r used by the 
P a r tic ip a n t; p a r tic ip a te  in  a workshop d e a lin g  w ith  te s tin g  
and o e velo pin g  energy a u d it methods and in s tru m e n ts ; execute 
new re s ts  as agreed to  by th e  P a rtic ip a n ts ;
(h ) P a rtic ip a te  in  a workshop to  fo rm u la te  g u id e -lin e s  fo r  re p o rts  
on means and methods fo r  data c o lle c tio n , re p o rt to  th e  lead 
P a rtic ip a n t in  accordance w ith  these g u id e -lin e s ; p a r tic ip a te  
in  te s tin g  and developm ent p ro je c ts  as decided by the 
P a rtic ip a n ts , and ta ke  th e  r e s p o n s ib ility  fo r  one o r more o f 
these p ro je c ts ; p ro v id e  the le a d  P a rtic ip a n t w ith  in fo rm a tio n  
needeo fo r  the e v a lu a tio n  o f the p r o je c t( s ) , and p a rtic ip a te  
in  such e v a lu a tio n .
Sub'task B
The Commission o f th e  European Com m unities* as Lead P a rtic ip a n t fo r 
Subtask B w i l l :
( i )  Develop a u d itin g  methods fo r  th e  e v a lu a tio n  o f the use o f 
energy in  b u ild in g s  and s tra te g ie s  fo r  improvements o f energy 
use and d ir e c t such re la te d  work as may be p ro vid e d  fo r  in  the 
Programme o f Work;
* In fo rm a l u n t il th e  accession o f the CEC to  th e  Im plem enting Agreement; 
fo rm a l th e r e a fte r .
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-  5 -
( j )  Summarize s t a t is t ic a l data from P a rtic ip a n ts , and oropose 
" ta rg e t"  fig u re s  fo r  th e  energy use in  d if fe r e n t types o f 
o u iid in g s ;
(k) Summarize re p o rts  from the P a rtic ip a n ts  on the e ffic ie n c y  o f 
r e t r o f i t  packages;
(1 ; P ro vid e  the O perating Agent on a re g u la r b a sis w ith  progress 
re p o rts ;
(m) Prepare a f in a l re p o rt fo r  subm ission to  the O perating Agent.
The P a rtic ip a n ts  w i l l :
(n) P a rtic ip a te  in  the development o f methods and in stru m e n ts fo r  
the e v a lu a tio n  o f tne use o f energy in  b u ild in g s  and o f 
s tra te g ie s  fo r  improvement o f energy use;
(o ) C o lle c t and re p o rt to  tne Lead P a rtic ip a n t s t a t is t ic a l data on 
energy use fo r  d iffe r e n t types o f b u ild in g s ;
(p ) Report to  the Lead P a rtic ip a n t th e  e ffic ie n c y  o f r e t r o f i t  
packages, ana supply i t  w ith  in fo rm a tio n  needed to  c o rre la te  
these re s u lts  w ith  the methods fo r  e v a lu a tio n  a ccording to  
sub-paragrapr, (n) above.
5. Sp e c if ic  R e s p o n s in ilitie s  o f the O perating Agent
O v e ra ll c o -o rd in a tio n  o f work among the two Subtasks w i l l  be assured by 
the O perating Agent. In  a d d itio n , the O perating Agent w i l l :
(a ) E s ta b lis h , in  c o lla b o ra tio n  w ith  th e  P a rtic ip a n ts , the
d e ta ile d  work plans fo r  each Subtask in c lu d in g  th e  d e ta ils  fo r  
the two workshops mentioned in  sub-paragraphs 4 (g ) and (h ) and 
subm it an annual Programme o f Work to  th e  E xe cu tive  Committee 
not la te r  tnan two months b e fo re  th e  end o f each ca le n d ar year;
. (b ) Ensure th a t d u p lic a tio n  o f research e f f o r t  is  avoided or 
m inim im ized;
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(c ) C o -o rd in a te  th e  exchange o f in fo rm a tio n  through p u b lic a tio n s , 
re p o rts , m eetings and conferences;
(o ) Report the progress o f work under th e  Task to  th e  E xe cu tive  
Committee a t le a s t se m i-a n n u a lly ;
(e ) Submit fo r  a p pro va l a f in a l re p o rt to  th e  E xe cu tive  Committee 
w ith in  th re e  months a f t e r  the co m p le tio n  o f a l l  th e  work under 
th is  Task, and subm it such o th e r re p o rts  as the E xe cu tive  
Committee may re q u e s t.
6. Funding
Each P a r tic ip a n t s h a ll bear tn e  co s ts  r e s u ltin g  from i t s  work under th is  
Annex. For each Subtask, th e  com m ittm ent w i l l  be n o t le s s  than 30 months o f 
human resources fo r  th e  Lead P a r tic ip a n t and 20 months o f human resources fo r  
o th e r P a rtic ip a n ts .
7. O p e ra ting  Agent
Swedish C o u n cil fo r  B u ild in g  Research.
8. In fo rm a tio n  and I n t e lle c t u a l P ro p e rty
(a ) E xe cu tive  C om m ittee's Powers. The p u b lic a tio n , d is t r ib u t io n ,  
h a n d lin g , p ro te c tio n , and ownership o f in fo rm a tio n  and in t e lle c t u a l 
p ro p e rty  a r is in g  from  th is  Annex to  th e  IEA Im plem enting Agreement 
fo r  a Programme o f Research and Development on Energy C onservation 
in  B u ild in g s  and Community Systems s h a ll be determ ined by the 
E xe cu tive  Committee, a c tin g  by u n a n im ity , in  c o n fo rm ity  w ith  the 
Agreement.
(b ) R ig h t to  P u b lis h . S u b je ct o n ly  to  c o p y rig h t r e s t r ic t io n s ,  the 
P a rtic ip a n ts  s h a ll have the r ig h t  to  p u b lis h  a l l  in fo rm a tio n  
p ro v id e d  to  o r a ris in g  from  th is  Annex except p ro p rie ta ry  
in fo rm a tio n .
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06.6.83(

-  7 -
’ (c ) P ro p rie ta ry  In fo rm a tio n . The P a rtic ip a n ts  and th e  O perating Agent
s h a ll take a l l  necessary measures in  accordance w ith  th is  paragraph, 
th e  laws o f t h e ir  re s p e c tiv e  c o u n trie s  and in te rn a tio n a l law to  
p ro te c t p ro p rie ta ry  in fo rm a tio n  provided to  o r a ris in g  from th is  
Annex. For th e  purposes o f th is  Annex, p ro p rie ta ry  in fo rm a tio n  
s h a ll mean in fo rm a tio n  o f a c o n fid e n tia l n a tu re  such as tra d e  
s e c re ts  and know-how ( fo r  example, computer programmes, design 
procedures and tech n iq u e s, chem ical com position o f m a te ria ls , o r 
m a nufacturing methods, processes, o r tre a tm e n ts ) which is  
a p p ro p ria te ly  marked, provided such in fo rm a tio n :
(1 ) Is  n o t g e n e ra lly  known o r p u b lic ly  a v a ila b le  from o th e r 
sources;
(2) Has not p re v io u s ly  been made a v a ila b le  by th e  owner to  o th e rs 
w ith o u t o b lig a tio n  concerning i t s  c o n fid e n tia lity ; and
(3) Is  n o t a lre a d y in  the possession o f th e  re c ip ie n t P a rtic ip a n t 
w ith o u t o b lig a tio n  concerning i t s  c o n fid e n tia lity .
I t  s h a ll be the r e s p o n s ib ility  o f each P a rtic ip a n t su p p lyin g  
p ro p rie ta ry  in fo rm a tio n , and o f th e  O perating Agent fo r  a r is in g  
p ro p rie ta ry  in fo rm a tio n , to  id e n tify  the in fo rm a tio n  as such and to  
ensure th a t i t  is  a p p ro p ria te ly  marked.
(d ) P ro d u c tion o f R elevant In fo rm a tio n  by Governments. The O perating 
Agent should encourage the governments o f a l l  Agency P a r tic ip a tin g  
C o u n trie s to  make a v a ila b le  o r to  id e n tify  to  th e  O perating Agent 
a l l  p u b lish e d  o r o th e rw ise  fre e ly  a v a ila b le .in fo rm a tio n  known to  
them th a t is  re le v a n t to  the Task.
(e) P ro d u ctio n  o f A v a ila b le  In fo rm a tio n  by P a r tic ip a n ts . Each 
P a rtic ip a n t agrees to  p ro vid e  to  the O perating Agent a l l  p re v io u s ly  
e x is tin g  in fo rm a tio n , and in fo rm a tio n  developed indep en d e ntly o f the 
Task, which is  needed by the O perating Agent to  c a rry  o u t i t s  
fu n c tio n s  in  th is  Task and which is  fr e e ly  a t th e  d is p o s a l o f the
' P a rtic ip a n t and the tra n sm issio n  o f which is  n o t s u b je c t to  any 
c o n tra c tu a l an d/or le g a l lim ita tio n s :
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(1 ) I f  no s u b s ta n tia l co st is  in c u rre d  by th e  P a rtic ip a n t in  
making such in fo rm a tio n  a v a ila b le , a t no charge to  the Task 
th e re fo r;
(2 ) I f  s u b s ta n tia l co sts must be in c u rre d  by the P a rtic ip a n t to  
make such in fo rm a tio n  a v a ila b le , a t such charges to  the Task 
as s h a ll be agreed between the O p e ra ting  Agent and th e  
P a rtic ip a n t w ith  the a p p ro va l o f th e  E xe cu tive  Committee.
( f )  Use o f C o n fid e n tia l In fo rm a tio n . I f  a P a rtic ip a n t has access to  
c o n fid e n tia l in fo rm a tio n  which would be u s e fu l to  th e  O perating 
Agent in  co n du ctin g  s tu d ie s , assessments, a n alyse s, o r e v a lu a tio n s , 
such in fo rm a tio n  may be communicated to  the O p e ra ting  Agent bu t 
s h a ll n e t become p a rt o f re p o rts  o r o th e r docum entation, nor be 
communicatee to  th e  o th e r P a rtic ip a n ts  except as may be agreed 
between ..ne O perating Agent and th e  P a rtic ip a n t which s u p p lie s  such 
in fo rm a tio n .
(g ) A c q u is itio n  o f In fo rm a tio n  fo r  the Task. Each P a rtic ip a n t s h a ll 
in fo rm  th e  O p e ra ting  Agent o f in fo rm a tio n  th a t can be o f value to  
the Task, b u t which is  n o t fr e e ly  a v a ila b le , and th e  P a r tic ip a n t 
s h a ll endeavour to  make the in fo rm a tio n  a v a ila b le  to  th e  Task under 
reasonable c o n d itio n s , in  which event the E xe cu tive  Committee may, 
a c tin g  by u n a n im ity , decide to  a c q u ire  such in fo rm a tio n .
(h) R eports on Work Perform ed under the Task. The O p e ra ting  Agent s h a ll 
p ro vid e  re p o rts  o f a l l  work perform ed under the Task and th e  re s u lts  
th e re o f, in c lu d in g  s tu d ie s , assessments, a n alyse s, e v a lu a tio n s  and 
o th e r docum entation, b u t e x c lu d in g  p ro p rie ta ry  in fo rm a tio n , in  
accordance w ith  paragraph 5 o f th is  Annex.
( i )  C o p y rig h t. The O p e ra ting  Agent may take a p p ro p ria te  measures 
necessary to  p ro te c t c o p y rig h ta b le  m a te ria l generated under th is  
Task. C o p yrig h ts o b ta in e d  s h a ll be th e  p ro p e rty  o f th e  O perating 
A gent, fo r  th e  b e n e fit o f the P a rtic ip a n ts  p ro v id e d , however, th a t 
P a rtic ip a n ts  may reproduce and d is t r ib u te  such m a te ria l, b u t s h a ll 
n o t p u b lis h  i t  w ith  a view to  p r o f it ,  except as o th e rw ise  d ire c te d  
by th e  E xe cu tive  Committee.
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(j) Authors.  i"_,cr, participant will, without prejudice to any rights of  
authors under its national laws, take necessary step-;· to provide the  
co-operaticr. Aran its authors required to carry out the provisions  
of this paragraph. Each Participant will assume the responsibility  
tc pay aware-· compensation required to be paid to its employees  
according to.: 'cno aws of its country.
9. A. .Sol, cs
The results of this Annex snail be:
(a) Report on metnoos and instruments for collectir.;; data on the  
use of er.egy in buildings and on strategies for its  
improvement ;
s-,· Report or. methods to evaluate the actual use of energy in  
specif.c building types and strategies for its improvement;
(c; Report on the evaluation of the efficiency of retrofit  
packages.
10. Time Schedule
This .Annex will enter into force on 1st July, 1982 and will remain in-  
force for a period of 3 1/2 years. It may be extended by agreement of the  
Participants, acting in the Executive Committee, and taking into account any  
recommendation of the Agency's Committee on Energy Research and Development  
concerning the term of this Annex.
11. Participants
The Contracting Parties which are Participants in this Task are the  
following:
(to be specified) _  \
r i  f  ■  '· 'Of- '  " ·
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