Draft Council Decision concerning the extension of the duration of the Agreement among the European Atomic Energy Community, the Government of Japan, the Governement of the Russian Federation, and the Government of the United States of America on cooperation in the Engineering Design Activities (EDA) for the International Thermonuclear Experimental Reactor (ITER)
Date: 1998-05-20
Institutions: European Commission
Subjects: EAEC, United States, cooperation agreement (EU), nuclear reactor, research and development

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 20.05.1998 
COM(1998) 328  final 

Draft 

COUNCIL DECISION 

CONCERNING THE EXTENSION OF THE DURATION OF THE AGREEMENT AMONG THE EUROPEAN 

ATOMIC  ENERGY  COMMUNITY,  THE GOVERNMENT  OF JAPAN,  THE GOVERNMENT  OF THE 

RUSSIAN  FEDERATION,  AND  THE  GOVERNMENT  OF THE  UNITED  STATES  OF AMERICA  ON 

COOPERATION  IN  THE  ENGINEERING  DESIGN  ACTIVITIES  (EDA)  FOR  THE  INTERNATIONAL 

THERMONUCLEAR EXPERIMENTAL REACTOR (ITER) 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

SUBJECT:  EXTENSION OF THE DURATION OF THE ITER EDA AGREEMENT 

1. 

The  Agreement  among  the  European  Atomic  Energy  Community  (EAEC),  the 

Government  of  Japan,  the  Government  of  the  Russian  Federation,  and  the 

Government  of  the  United  States  of  America  ("the  Parties")  on  cooperation  in 

the  Engineering  Design  Activities  (EDA)  for  the  International  Thermonuclear 

Experimental  Reactor 
21  July  19921  for  a period of  six years, is due to  expire  on 21  July  1998. 

ITER  EDA  Agreement"),  concluded  on 

(ITER)  ("the 

2. 

In view  of  the  progress  accomplished  in  achieving  the  purpose  of  the  ITER  EDA 

Agreement  and  in  order  to  provide  the  framework  for  jointly  undertaking  further 

activities,  the  Parties  have  been  taking  the  necessary  steps  to  allow  the 

extension,  by three  years, of  the  duration  of  the  ITER  EDA  Agreement. 

The  possibility  of  such  an  extension  is  provided  for  by  Article  25(2)  of  the  ITER 

EDA  Agreement.  As  for  the  EAEC  Party,  such  an  extension  falls  under 

Article  101 second paragraph of  the Treaty  establishing the EAEC. 

In addition  it is to  be noted that  the  envisaged three-year  extension  is in line  with 

the  political  agreement  reached  by  the  Council  on  12  February  1998  on the  Fifth 

Euratom  Framework  Programme  as 

far  as 

the  key  action  controlled 

thermonuclear  fusion  is concerned. 

In  its  Decision  of  8  April  1998, 

the  Council  adopted  Directives 

for 

the 

Commission  to  conduct  negotiations  on  the  three-year  extension  of  the  ITER 

EDA Agreement  with  reference  to  the  terms  of  the  "Draft  Understandings  for  the 

extension  of  the  duration  of  the  ITER  EDA  Agreement"  which  specify  the 

possible  ITER site(s)-specific  activities  and other  technical  and enabling  activities 

to  be  undertaken  jointly  with  the  objective  of  preparing  for  possible  future 

decisions  on the construction  of  ITER. 

3. 

The  results  of  the  quadripartite  negotiations  are  contained  in  the  document 

entitled  "Understandings  for  the  extension  of  the  duration  of  the  ITER  EDA 

Agreement"  which  is  annexed  to  the  enclosed  proposal  for  a  Council  Decision. 

OJnoL244,  26.8.92,  p.  14 

The  content  of  these  "Understandings"  is  identical  to  the  one  of  the  "Draft 

Understandings" referred to in the negotiation Directives except  for  the following 

modifications  (upon  EAEC  negotiators'  request  to  comply  with  the  Council 

Directives): 

at  the  end  of  point  111.1)  the  sentence  ",  as  well  as  information  on  the 

possible  impact  of  broader  concepts  on  the  development  path  towards 

fusion energy" has been added; 

the order of  Section II and Section III has been inverted. 

As for the  EAEC Party: 

the  Consultative  Committee  for  the  Fusion  Programme 

(CCFP)  has 

considered  that,  in light  of  the  above,  the  "Understandings"  represent  the 

most  appropriate  basis  for  the  ITER  site(s)-specific  activities  and  other 

technical  and  enabling  activities  to  be  undertaken  jointly  during  the 

envisaged three-year  extension  with the  objective  of  preparing  for  possible 

future decisions on the construction of ITER; 

in order to  prepare the  Joint Assessment  for  use by each  Party,  referred to 

under  II.3)  of  the  "Understandings",  the  Commission  intends to  organize  a 

European  assessment,  to  be  conducted  by  a group  -  of  a  limited  size  - of 

experts in Spring  1999; 

according  to  the  Draft  Final  Design  Report,  Cost  Review  and  Safety 

Analysis  made  available  last  December  to  the  Parties  for  their  evaluation, 

the  ITER  design  respects  the  environmental  and safety  constraints  for  the 

construction  and operation  of  the  experimental  reactor.  Special  attention 

will  be  devoted 

to 

these  specific  aspects  by 

the  Commission; 

for  the  three-year  extension, the  EAEC share  implied  by the joint  activities 

specified  in  the  "Understandings",  is  of  about  66  MECUs  (Community 

contribution)  half  of  which to  support  the  design  work  at  the  Joint  Central 

Team - at San Diego,  Naka  and Garching - and in the  Union, the  rest being 

for  the  technology  R&D  (and  other  enabling  activities)  to  be  performed  in 

the  Union.  Furthermore,  the  Community  would  continue  to  support  the 

cost  of 

the  Garching 

ITER  Joint  Work  Site  at  a 

level  of 

about 2  MECUs/year. 

5. 

Moreover,  upon  the  EAEC  Party's  request,  the  quadripartite  negotiations  have 

allowed  to  explore  the  possibility  of  informing  the  Parliaments  of  the  Parties  on 

the  ITER developments through the creation of  a select parliamentary  committee 

consisting  of  members  of  the  four  Parliaments.  As  a  result,  the  Parties 

representatives  to  the  ITER  Council  have  stated  willingness  to  examine  the 

feasibility  of  establishing,  within the  framework  of  the  ITER  EDA  Agreement,  an 

appropriate  international  forum  to  accommodate  such  a  broader  range  of 

interests associated with ITER. 

6. 

In  view  of  the  above,  the  Commission  proposes  that  the  Council  adopt,  in 

application of  Article  101  second paragraph of the Treaty  establishing the EAEC, 

the draft  Council Decision attached hereto  authorizing the  Commission to  extend 

the  duration  of  the  ITER  EDA  Agreement  by  signing the  "Amendment  extending 

the  ITER EDA Agreement" annexed to the draft  Council Decision. 

DRAFT 
COUNCIL  DECISION 

of 

concerning the extension of  the  duration of  the  Agreement  among the  European  Atomic 

Energy  Community,  the  Government  of  Japan,  the  Government  of 

the  Russian 

Federation, and the  Government  of  the  United  States  of  America  on cooperation  in  the 

Engineering  Design  Activities  (EDA)  for  the  International  Thermonuclear  Experimental 

Reactor  (ITER). 

THE  COUNCIL  OF  THE  EUROPEAN  UNION, 

Having  regard to  the  Treaty  establishing  the  European  Atomic  Energy  Community,  and 

in particular  the  second paragraph of  Article  101  thereof, 

Having regard to  the  draft  Decision submitted  by the  Commission, 

Whereas 

the  Commission  has, 

in  accordance  with 

the  Council  Directives  of 

8  April  1998,  conducted  negotiations  on  the  extension  of  the  Agreement  among  the 

European Atomic  Energy  Community, the  Government  of  Japan, the  Government  of  the 

Russian  Federation,  and  the  Government  of 

the  United  States  of  America  on 

cooperation 

in 

the  Engineering  Design  Activities 

(EDA) 

for 

the 

International 

Thermonuclear  Experimental  Reactor  (ITER)  ("the  ITER EDA  Agreement"), 

Whereas the  extension of  the duration of  the  ITER EDA Agreement  should be approved; 

HAS DECIDED AS FOLLOWS: 

Sole Article 

The extension, by the  Commission, for  and on behalf  of  the  Community,  of  the  duration 

of  the  Agreement  among  the  European  Atomic  Energy  Community,  the  Government  of 

Japan,  the  Government  of  the  Russian  Federation,  and  the  Government  of  the  United 

States  of  America  on  cooperation 

in  the  Engineering  Design  Activities 

for  the 

International  Thermonuclear  Experimental  Reactor  is hereby  approved. 

The  text  of  the  Amendment  extending  the  ITER  EDA  Agreement  is  annexed  to  this 

Decision, together  with the  text  of  the  Understandings  for  the  extension  of  the  duration 

of  the  ITER EDA  Agreement. 

Done  at 

For the  Council 
The  President 

AMENDMENT  EXTENDING THE ITER EDA AGREEMENT 

ANNEX I 

AMENDMENT  EXTENDING  THE  ITER  EDA  AGREEMENT  AMONG  THE  EUROPEAN 

ATOMIC  ENERGY  COMMUNITY,  THE  GOVERNMENT  OF JAPAN,  THE  GOVERNMENT 

OF THE RUSSIAN FEDERATION, AND THE GOVERNMENT  OF THE UNITED STATES OF 

AMERICA  ON  COOPERATION  IN  THE  ENGINEERING  DESIGN  ACTIVITIES  FOR THE 

INTERNATIONAL  THERMONUCLEAR  EXPERIMENTAL  REACTOR 

The  European  Atomic  Energy  Community,  the  Government  of  Japan,  the  Government 

of  the  Russian  Federation,  and the  Government  of  the  United  States  of  America  ("the 

Parties"), 

HAVING  REGARD  to  the  Agreement  among  the  Parties  on  Cooperation  in  the 

Engineering  Design  Activities  (EDA)  for  the  International  Thermonuclear  Experimental 

Reactor  (ITER),  concluded  on  21  July  1992  ("the  Agreement"),  and  the  Protocol  2  to 

the Agreement concluded on 21  March  1994, 

NOTING  the  progress  achieved  and  the  proposals  made  on  approaches  to  continued 

joint implementation, all within the framework  of the  Agreement, 

DESIRING to continue to  work jointly  within the  framework  of the  Agreement to enable 

future  decisions on construction  and operation  of  ITER  in accordance  with  Article  1 of 

the Agreement, and 

ACTING in accordance  with Articles 22  and 25(2)  of the Agreement, 

HAVE AGREED to amend the Agreement AS FOLLOWS: 

Replace  "six years" in Article  25(1)  by  "nine years", 

This Amendment shall enter  into force upon signature of the Parties. 

for the European 

Date 

for the Government 

Date 

Atomic  Energy Community 

of Japan 

for the  Government 

Date 

for the Government of the 

Date 

of the  Russian Federation 

United States of  America 

UNDERSTANDINGS  FOR THE EXTENSION OF THE DURATION OF 

THE ITER EDA AGREEMENT 

ANNEX II 

Scope of  Joint Technical  Activities 

1 )  Site(s)-Specific  Activities: 

Site(s)-specific  design adaptations  and their  cost  estimates 

Safety  analysis  and  technical  support 

for  preparation  of 

license 

applications 

2)  Design, including  broader  options  and their  cost  estimates,  prototype  testing 

and R&D, including  physics  studies 

3) 

Preparation  of  documentation  for  future  procurement  incorporating  results  of 

items  1 ) and 2) noted above 

Other  Enabling  Activities 

The  Parties  will also: 

1 ) 

develop  proposals  and all  necessary  supporting  information  for  the  complete 

realization of  ITER including  a draft  agreement  for  construction  and  operation 

and  associated  draft  implementing  arrangements,  as  well  as  information  on 

the  possible  impact  of  broader  concepts  on  the  development  path  towards 

fusion  energy; 

2) 

adapt  the  structures  and  modes  of  JCT/HTs'  operation  with  a  view  to 

launching  an efficient  start  of  future  construction, if  and when so decided; 

3) 

near the  end of  the  second year, jointly  review  the  Joint  Technical  Activities 

in  I. above,  e.g.,  licensing  preparations,  cost  estimates,  organizational 

evolution, construction  preparations  and domestic  situations  and, thereupon, 

prepare  a Joint  Assessment  for  use by  each  Party. 

Parties'  Support  of  the Joint  Activities 

1)  Site(s)-Specific  Activities 

Every  Party  will  have  an interest  and involvement  in the  work  to  be based on 

all  site  characteristics  provided.  The  work,  therefore,  will  be  undertaken 

jointly  and managed  accordingly  under  the  responsibility  of  the  ITER  Director 

within  the  EDA  framework  with  the  exception  of  the  preparation  by  native 

speakers of  documents required  in the  Host  Party's/Country's  language and 

formats. 

The interested Parties will: 

provide  by  the  time  of  the  14th  ITER  Council  meeting  (IC-14, 

July  1998)  site  characteristics  in  line  with  the  Site  Requirements  and 

Site Design Assumptions Document; 

enable  on  a  timely  basis  informal  dialogue  with  regulators  for  the 

purpose  of  preparing  applications  for  licenses  to  build  and  operate 

ITER. 

The  Director  and the  concerned  Home Team  (HT)  Leaders  will start  informal 

consultation  so that,  in the  light  of  the  site  characteristics  provided  by  the 

interested  Parties, tasks of  1.1) above can appear  in the  Work  Programme to 

be submitted to  IC-14  via the  appropriate  Management  Advisory  Committee 

(MAC) meeting. 

The design adaptations  will  be carried out  with due emphasis on the  control 

of the project's estimated cost. 

2)  General Support 

The Parties will: 

maintain the Joint Central Team  (JCT)  and undertake  assigned tasks; 

provide  voluntary  contribution  in various  areas,  including  consolidating 

the  scientific  basis  for  activities 

in  1.2) above,  e.g.,  by  taking 

advantage of the existing voluntary  arrangements; 

continue  to  provide  Joint  Work  Sites  (JWS)  and  support  enhanced 

interconnection. 

3) 

Estimated Resources 

The  estimated  resources  for  the  intended  scope  of  work  noted  in  I. above 

(beyond  those  already  committed  through  Task  Agreements)  from  the 

Director's  proposals  as  supported  by  the  ITER  Council  (IC-12 Record  of 

Decisions 6.1.1,  Attachment  9) are the following: 

JCT personnel 

about 396  ppy 

HT design effort 

about 370 ppy 

CAD support 

Joint Fund 

1 for each 4  designers 

about  $ 2.5  M/y 

Technology  R&D 

about  175  klUA (ITER Units of Account) 

10 

Each  Party  will  make  its  best  efforts  to  provide  its  share  of  the  resources 

(Articles  12  and  14  of  the  Agreement)  in  fulfilment  of  its  obligation  in 

accordance  with Article  17(1) of the Agreement. 

IV.  Arrangements in Force 

1 ) 

These  Understandings  will  be in force  during the  extended  period  along with 

the  previous  sets  of  understandings,  reached  at  the  times  of  signing  the 

Agreement  and  Protocol 2,  unless  otherwise  determined  among  the  Parties 

in writing. 

#  [  2) 

The  current  arrangements  involving  Other  Countries  pursuant  to  Article  19 

of the Agreement  will continue to  be in force.] 

3) 

The  IAEA  will  continue  providing  facilitations  and  assistance  pursuant  to 

Article  20  of the Agreement. 

V.  Concluding Understanding 

The  Parties  will  undertake  the  joint  activities  with  a  general  intent  to  enable  an 

efficient  start  of  possible,  future 

ITER  construction,  and  do  recognize  the 

importance in this regard of pursuing preparatory  efforts in all relevant domains. 

Pending confirmation by those concerned. 

11 

ISSN 0254-1475 

COM(98) 328 final 

DOCUMENTS 

EN 

12  15  11  06 

Catalogue  number  :  CB-CO-98-338-EN-C 

ISBN  92-78-36462-2 

Office  for Official  Publications of the European Communities 

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• ;  ^