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
Date: 1994-09-07
Institutions: European Commission
Subjects: Canada, EAEC, exchange of information, framework agreement, nuclear fusion, scientific cooperation

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concerning  the conclusion,  by the Commission,  of  the Memorandum  of  Understanding  for 

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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 

4  OJ n° L 114, 5.5.1994, p. 26. 

f 

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 

5.3 

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. 

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) 

(ii) 

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; 

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) 

(ii) 

(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 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; 

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; 

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 

, 

1 

OJ  No  L  2 6 0,  2 4 . 9 . 1 9 7 6,  p.  1, 

For the Council 
The  President 

S 

D R A FT 

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) 

b) 

exchange and provision of  information  and data; 

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) 

e) 

exchange and  provision of  scientists, engineers and other  specialists; 

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) 

h) 

execution of  joint  studies, experiments  or  projects; arid 

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) 

b) 

c) 

d) 

e) 

the treatment  of  information, industrial  property  and  copyright; 

terms  and conditions  for  the  exchange of  staff; 

terms  and  conditions  for  the  exchange  or  provision  of  equipment, 

instruments,  materials, fuels  and spare  parts; 

the  allocation  of  costs; and 

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) 

c) 

exchange information and views on scientific and technical policy issues; 

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) 

b) 

is  not  generally  known  or  publicly  available from  other sources; 

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