Proposal for a Council Decision establishing the European Joint Undertaking for ITER and the Development of Fusion Energy and conferring advantages upon it
Date: 2006-08-14
Institutions: European Commission
Subjects: European Joint Undertaking, Spain, nuclear fusion, nuclear research, research project

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 14.8.2006 
COM(2006) 458 final 

Proposal for a 

COUNCIL DECISION 

establishing the European Joint Undertaking for ITER and the Development of Fusion 
Energy and conferring advantages upon it 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

1.1. 

Grounds for and objectives of the proposal 

The objective of this proposal is the establishment by Council decision under Article 
49  of  the  Euratom  Treaty  of  a  Joint  Undertaking,  through  which  Euratom  would 
provide  its  contribution  to  the  proposed  ITER  international  fusion  research  project 
and specific related fusion research activities. 

By Decision of 16 November 2000, the Council directed the Commission to conduct 
negotiations  on  an  international  framework  allowing  the  joint  preparation  for  the 
future establishment of an ITER Legal Entity for ITER Construction and Operation, 
if and when so decided. 

In this connection, the Council adopted Conclusions in November 2003 "authorising 
the Commission to put forward Cadarache (France) as the European candidate site 
for  ITER  Project.  The  Council  also  decided  unanimously  that  the  ITER  European 
legal entity will be located in Spain...."1 

By  Council  Decision  of  26  November  20042,  which  amended  the  negotiation 
directive  of  16  November  2000,  the  realisation  of  ITER  Project  in  Europe  in  the 
framework  of  the  “Broader  Approach”  to  fusion  energy  was  identified  as  the  main 
feature of the fusion research activities to be carried out under the Euratom Research 
Framework Programmes. 

The  parties3  to  the  negotiations  reached  consensus  in  June  2005  to  build  the  ITER 
Project  in  Europe.  The  proposed  international  agreement  to  establish  the  ITER 
International Fusion Energy Organisation for the Joint Implementation of the ITER 
Project  (hereafter  the  “ITER  Agreement”  and  the  “ITER  Organisation”)  was 
initialled on 24 May 2006 4and submitted for approval by Council in accordance with 
Article 101 of the Euratom Treaty. 

Under the terms of the ITER Agreement, Euratom will have inter alia the following 
obligations: 

–  to  establish  a  “Domestic  Agency”  through  which  Euratom  will  provide  in-kind 
and financial contributions, including human resources, to the ITER Organisation; 

–  to  support  the  preparation  of  the  site  for  ITER  Project,  in  accordance  with  the 

special responsibilities of Euratom as host party. 

1 
2 
3 

4 

Conclusions of the 2547th Competitiveness Council 26-27 November 2003 15397/03 
Conclusions of the 2624th Competitiveness Council 25-26 November 2004 14687/04 
Euratom, the  People's Republic of China, Korea, India, Japan, the Russian Federation and the United 
States 
COM(2006) 240 

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In  addition,  Euratom  will  provide  in-kind  and  financial  contribution  to  Broader 
Approach activities in Japan, in the first instance according to a bilateral agreement 
that is concluded for this purpose. 

In its Decision of 30 September 20025, the Council adopted the specific programme 
(Euratom)  for  the  sixth  Framework  Programme  (2002-2006),  where  it  was 
recognised that “once a decision is taken to go ahead with the (ITER) Project, […] 
organisational changes will be required, in particular to steer jointly the European 
contribution to ITER Organisation.” 

Given  the  scale  and  breadth  of  the  commitments  that  Euratom  must  fulfil,  in 
particular the need to procure and provide to the prospective ITER Organisation high 
technology  components  to  the  specification  and  timescale  required  for  the  project 
and  support  associated  R&D,  it  is  necessary  to  create  an  entity  with  its  own  legal 
personality that can operate flexibly and respond rapidly in an industry-like manner. 

In its Communication to Council of 28 February 20036, the Commission reported on 
the status of ITER negotiations including the envisaged structure for the management 
of  the  European  contribution  to  the  ITER  Organisation.  Based  upon  consultation 
with the relevant stakeholders, a legal entity in the form of a Joint Undertaking based 
on the provisions of Articles 45-51, Chapter 5 of Title II of the Euratom Treaty, was 
deemed appropriate. 

In  its  proposals7  for  the  seventh  Euratom  Framework  Programme  for  nuclear 
research and training activities (2007 to 2011), and associated Specific Programme8 
(hereinafter “FP7”), the Commission proposed to establish a legal entity in the form 
of a Joint Undertaking for which financial provisions were made. 

The proposed Joint Undertaking, the “European Joint Undertaking for ITER and the 
Development  of  Fusion  Energy”  is  the  most  effective  means  for  providing  the 
Euratom  contribution  to  the  ITER  Organisation,  the  Broader  Approach  Activities 
and, in the longer term, to prepare for the construction of demonstration fusion power 
plants  (DEMO)  and  related  facilities  including  the  International  Fusion  Materials 
Irradiation Facility (IFMIF). 

1.2. 

General context 

In  face  of  the  increasing  global  demand  for energy and the economic, political and 
environmental  risks  of  continued  dependence  on  fossil  fuel  sources,  fusion  energy 
has  the  potential  to  make  a  major  contribution  to  a  diverse,  sustainable  and  secure 
energy supply system in a few decades from now. 

There  have  been  intense  efforts  world-wide  to  harness  the  potential  of  fusion  and 
considerable progress has been made. Europe has come to the forefront, largely due 
to the integration of national fusion programmes into a single co-ordinated Euratom 
fusion  research  programme,  including  notably,  the  construction  and  operation 

5 
6 
7 
8 

OJ L 294, 29.10.2002, p.74 
COM(2003) 215 
COM(2006) 364 
COM(2005) 445 

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through  a  Joint  Undertaking  established  under  the  Euratom  Treaty,  of  the  Joint 
European Torus, JET, the world’s leading fusion device. 

The  long  term  goal  of  the  European  fusion  programme  is  the  joint  creation  of 
economically viable demonstration reactors. This strategy entails, as its first priority, 
the  construction  and  operation  of  ITER  (“the  way”)  –  a  major  experimental  device 
designed  to  demonstrate  the  scientific  and  technological  feasibility  of  fusion  as  a 
large scale source of energy with favourable safety and environmental features. 

In  view  of  its  scale  and  the  scientific  and  technical  challenges  involved,  the  ITER 
Project  has  been  pursued  over  the  last  seventeen  years  as  an  international 
collaboration.  Following  a  conceptual  design  phase,  the  ITER  Engineering  Design 
Activities  (EDA)  were  carried  out  from  1992  to  2001  by  an  intergovernmental 
agreement under the auspices of the International Atomic Energy Agency.9 

At  the  end  of  the  EDA,  and  following  extensive  domestic  scientific,  technological 
and  economical  assessments  by  the  Parties  to  the  agreement10,  the  ITER  Council 
concluded that the objectives had been fully met and recommended to the Parties “to 
take the necessary steps to realise a Joint Implementation of ITER as the next step in 
the development of fusion as a source of energy for peaceful purposes.”11 

Since 2001 negotiations have been in progress to develop an international agreement 
for  the  joint  implementation  of  ITER  Project.  The  four  initial  participants  in  the 
collaboration - Euratom, Japan, Russian Federation and USA – have been joined now 
by China, Korea and India - representing over one-half of the world’s population. 

In  connection  with  the  ITER  negotiations,  the  Parties  have  also  considered 
complementary joint fusion research activities as part of a “Broader Approach” to the 
rapid realisation of fusion energy. The advantages of such an approach were noted in 
the Council Conclusions of the 24 September 200412 and, by the Council Decision of 
26 November 200413, the Commission was authorised to include in the finance and 
cost  sharing  arrangements  for  constructing  ITER,  “European  participation  in 
international  collaborative  research  activities  with  a  broader  approach  to  the 
realisation of fusion energy.” In this context, Euratom is proposing to participate in a 
number of fusion research projects of mutual interest in the frame of the privileged 
partnership  being  forged  with  Japan  and  on  a  timescale  compatible  with  the 
construction phase of the ITER Project. 

With  the  consensus  reached  among  the  Parties  in  June  2005  to  construct  ITER  in 
Europe  (Cadarache,  France),  and  the  forthcoming  conclusion  of  the  ITER 
Agreement,  all  prospective  Parties  are  obliged  to  establish  “Domestic  Agencies”, 
through which to channel the required contributions to the ITER Organisation. At the 
same  time,  the  Commission  has  finalised  negotiations  on  an  agreement  between 
Japan and Euratom to set up a legal framework for the Broader Approach activities. 

9 

10 
11 
12 
13 

Technical  Basis  for  the  ITER-FEAT  Outline  Design  2001,  ITER  EDA  Documentation  Series  No  19 
(Vienna: IAEA) 
EU Domestic Assessment of the ITER-FEAT Final Design Report, May 2001 
Final Report of the ITER EDA, ITER EDA Documentation Series No. 21, IAEA, Vienna, 2001 
Conclusions of the 2605th Competitiveness Council 24 September 2004 12487/04 
Conclusions of the 2624th Competitiveness Council 25-26 November 2004 14687/04 

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Under the terms of that agreement, the Euratom Domestic Agency for ITER should 
discharge  Euratom’s  commitments  associated  with  the  Broader  Approach.  To 
achieve the maximum synergy, it is deemed appropriate that the Euratom Domestic 
Agency  for  ITER  will  also  be  entrusted  with  activities  in  preparation  for  the 
construction of DEMO and related facilities including IFMIF. 

2. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

In accordance with Article 46 of the Euratom Treaty, the Commission has conducted 
an extensive inquiry involving all the relevant stakeholders including the CCE-FU14 
and  the  Associations15.  Taking  advantage  of  the  experience  gained  from  the 
integration of fusion activities in Europe, in particular with JET, a broad debate has 
been initiated since 200116. The CCE-FU in particular has established ad-hoc groups 
to  examine  the  matter  closely  and  identified the  need  for  a  new  legal  entity  with  a 
scope that encompasses ITER, Broader Approach activities and work in preparation 
for DEMO construction17. 

In presenting the proposals for FP7, the Commission carried out an extensive impact 
assessment based upon inputs from stakeholders, internal and external evaluation and 
other  studies,  and  contributions  from  recognised  European  evaluation  and  impact 
assessment  experts18.  In  this  context,  the  importance  of  fusion  research  and  ITER 
were considered, and it was pointed out that the establishment of  a fully integrated 
European fusion programme is a model for the European Research Area (ERA).  

The  European  fusion  programme  generates  approximately  2,000  scientific 
publications per year, supports advanced training of researchers through 4-5 summer 
schools  and  workshops  each  year,  and  drives  innovation,  technology  transfer  and 
spin-offs, and the development of advanced technologies through a large number of 
industrial  contacts.19  In  addition,  the  EU’s  leadership  in  this  field  strengthens 
industrial competitiveness in related technologies (e.g. superconducting magnets). 

According to the FP7 impact assessment, investment in research, including fusion, at 
European  level  builds  a  critical  mass  of  resources,  shares  knowledge  and  facilities 
across  many  countries,  stimulates  dissemination  of  results  and  provides  a  more 
efficient mechanism for research. It also achieves a significant impact, especially in 
the  long-term,  mainly  due  to  economic  multiplier  effects.  The  construction  and 
operation of ITER in Europe will, in addition, have substantial direct industrial and 
economic benefits that will raise European competitiveness and strengthen industry. 

The  results  of  its  inquiry  have  led  the  Commission  to  a  favourable  opinion  on  the 
proposal  to  establish  a  Joint  Undertaking  for  the  purpose  of  discharging  Euratom 
obligations  to  the  ITER  Organisation  and  Broader  Approach  activities  and  to 

14 

15 

16 
17 
18 
19 

Consultative  Committee  for  the  Euratom  Specific  Research  and  Training  Programme  in  the  Field  of 
Nuclear Energy (Fusion) (CCE-FU) 
“Associations”  refer  to  the  legal  agreements  (Contracts  of  Association)  between  Euratom  and 
laboratories in Member or Associated States for the execution of part of the fusion programme 
COM(2003) 215 
Report to the CCE-FU from the Ad-hoc Working Group on ELE/EFEDO EUR (05) CCE-FU 30/3.1 
SEC(2005) 430 and also http://www.cordis.lu/fp7/debate.htm 
EUR 20229, “Fusion energy – Moving forward”, 2003 

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preparing  for  the  construction  of  DEMO,  in  accordance  with  the  long  term  goal  of 
the European fusion research programme and boosting industrial competitiveness. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the Proposed Action 

The ITER Agreement obliges Euratom to establish a Domestic Agency to provide its 
contribution to the ITER Organisation. Aside from management of this contribution 
by  the  Commission  itself,  which  would  not  be  appropriate  for  a  project  of  this 
technical complexity and scale, the only legal instrument foreseen under the Euratom 
Treaty is the establishment of a Joint Undertaking based on the provisions of Articles 
45-51,  Chapter  5  of  Title  II  of  the  Euratom  Treaty.  The  JET  Joint  Undertaking, 
established  under  the  same  provisions  of  the  Treaty,  has  demonstrated  the 
effectiveness  of 
the 
Commission therefore proposes to establish a Joint Undertaking in order to discharge 
Euratom obligations to the ITER Organisation and Broader Approach activities and 
to prepare for the construction of DEMO. In addition, the Commission proposes to 
confer  on  the  Joint  Undertaking  the  advantages  provided  for  in  Annex  III  to  the 
Treaty. 

instrument.  Building  upon 

this  experience, 

legal 

this 

•  Legal Basis 

The Euratom Treaty provides in Article 45 of Chapter 5 of Title II that "undertakings 
which are of fundamental importance to the development to the nuclear industry in 
the  Community  may  be  established  as  Joint  Undertakings".  Since  the  Joint 
Undertaking  will  play  a  pivotal  role  in  maintaining  Europe’s  strategic  position  in 
fusion research, there are clear grounds for having recourse to this chapter. The JET 
Project has given the Community extensive experience of setting up, operating and 
winding down such a Joint Undertaking. The Commission has undertaken an inquiry 
and has a favourable opinion on this proposed course of action. 

4. 

BUDGETARY IMPLICATION 

The  legislative  financial  statement  attached  to  this  Decision  sets  out  the  budgetary 
implications  and  the  human  and  administrative  resources,  and  also  provides 
indicative  figures  for  the  period  2007-2016  and  thereafter.  The  contributions  of 
members are laid down in Article 12 of the statutes and Annex II thereto. The latter 
provides a general framework,  which will be set out in more detail in the financial 
regulation of the Joint Undertaking. 

5. 

PREPARATORY MEASURES 

In  addition  to  Article  51  of  the  Euratom  Treaty,  and  prior  to  the  adoption  of  the 
statutes by the Council, the Commission shall apply preparatory measures to ensure 
that  the  Joint  Undertaking  can  commence  its  activities  in  a  timely  fashion  and 
thereby honour both its political and legal commitments to the ITER Agreement. In 
particular, these measures shall include: 

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•  Initiating  the  recruitment  procedures  for  Staff,  subject  to  the  setting  up  of  the 
organisation and the budgetary availability, to enable their appointment as soon as 
possible after the formal establishment of the Joint Undertaking; 

•  Carry  out  all  necessary  measures  to  prepare  draft  documents  including  e.g.  the 
financial  regulation,  rules  of  procedure,  project  plan,  the  rules  on  intellectual 
property rights, etc.; 

•  Take  all  necessary  measures  to  ensure  that  the  Joint  Undertaking  is  operational 
from  day  one  e.g.  preparation  of  procurement  actions,  developing  logistical 
systems, etc. 

6. 

DETAILED EXPLANATION OF THE PROPOSAL 

In  accordance  with  the  November  2003  Council  Conclusions  and  subsequent 
decisions by the Spanish authorities, Article 1 of the Statutes defines the name of the 
Joint  Undertaking  and  its  seat  in  Barcelona,  Spain.  The  Members  of  the  Joint 
Undertaking aside from Euratom will be Member States of the European Union and 
Associated  third  Countries  that  have  concluded  co-operation  agreements  with 
Euratom in the field of fusion and having expressed their wish to become Members 
of the Joint Undertaking. 

The objectives and activities of the Joint Undertaking are set out in Articles 2 and 3 
respectively of the statutes and are in accordance with the enquiry undertaken by the 
Commission.  The  fulfilment  of  the  objectives  related  to  the  role  of  the  Joint 
Undertaking as the Euratom Domestic Agency for ITER has the highest priority. The 
programme  of  activities  in  preparation  for  DEMO  is  expected  to  be  built  up  in  a 
progressive way. 

Towards  the  end  of  the  ITER  construction  phase  (8-10  years  time),  an  evaluation 
reviewing the progress made by the Joint Undertaking towards its objectives shall be 
carried  out.  Depending  on  the  outcome  of  this  evaluation,  a  modification  of  its 
objectives  and  activities  may  be  proposed  in  accordance  with  Article  21  of  the 
statutes. 

Article  4  of  the  statutes  confirms  the  legal  personality  of  the  Joint  Undertaking  in 
accordance with Article 49 of the Treaty. This is essential for the Joint Undertaking 
to be able to enter into contracts and perform the various tasks that are entrusted to it 
in an efficient and industry-like manner. 

The  bodies  of  the  Joint  Undertaking  are  set  out  in  Article  5  of  the  statutes  as  the 
Governing Board and the Director, the former assisted by the Executive Committee. 
Each Member is represented in the Governing Board by two members to allow the 
inclusion of scientific and technical expertise. The Board’s activities range from the 
appointment  of  the  Director  through  to  approval  of  the  work  programmes  and 
associated budgets. 

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The  distribution  of  voting  rights  of  Board  Members  are  set  out  in  Annex  I  to  the 
Statutes  and  are  chosen  on  the  basis  of  the  system  used  for  EFDA20.  The  voting 
rights  for  new  Members  would  be  decided  by  the  Board  taking  into  account  co-
operation agreements with Euratom. In this way, it should not be necessary to revise 
these statutes each time that new Members join as was the case for JET. 

The  members  of  the  Executive  Committee  are  appointed  collectively  by  the 
Governing  Board  from  among  persons  of  recognised  standing  (Article  7).  The 
Executive  Committee  will  need  to  meet  frequently  and  its  main  task  will  be  the 
approval  of  contracts.  To  enable  it  to  work  efficiently,  the  number  of  Executive 
Committee members will be 13 with at least half of the members replaced every two 
years due to the sensitivity of their tasks. 

Due to the legal obligations of Euratom discharged to the Joint Undertaking as well 
as  the  volume  and  proportion  of  Community  financing  involved,  for  majority 
decisions  of  both  the  Governing  Board  and  Executive  Committee  to  be  valid  they 
shall include the votes of Euratom (Articles 6 and 7). The Governing Board will take 
appropriate  measures  and  define  rules  that  would  adequately  manage  potential 
conflicts  of  interest.  These  measures  shall  also  be  applied  by  the  Executive 
Committee and the Scientific Programme Board(s). 

The Director, described in Article 8 of the Statutes, is the chief executive officer and 
legal representative with day-to-day responsibility for the Joint Undertaking. He/she 
shall sign all contracts on behalf of the Joint Undertaking and establish employment 
contracts with the staff. The Director has a wide range of duties and responsibilities. 

To  provide  advice  on  the  work  programmes  described  in  Article  11  and  ensure 
scientific  and  technical  complementarity  with  other  activities  undertaken  in  the 
Euratom  fusion  programme  (e.g.  EDFA  and  the  Associations),  Article  9  allows  for 
Scientific Programme Board(s) with members appointed by the Board. 

All  staff  will  be  employed  according  to  the  rules  and  regulations  applicable  to 
officials  and  other  servants  of  the  European  Communities  (Article  10).  This  is 
different from the situation at JET where two categories of staff led to claims being 
brought  against  the  Commission.  In  addition,  these  arrangements  will  enable  the 
Joint  Undertaking  to  attract  the  required  high  level  scientific,  technical  and 
administrative personnel. 

Basic  principles  on  resources  are  set  out  in  Article  12  of  the  Statutes.  The 
contributions  in  cash  and  in-kind  by  Members  to  the  resources  of  the  Joint 
Undertaking are foreseen. Despite the fact that Euratom is contributing the majority 
of  the  resources,  a  modest  membership  contribution  will  be  payable  by  the  other 
Members. The sum of these annual membership contributions will not exceed 10% 
of the administrative costs of the Joint Undertaking and calculated on the basis of the 
proportionate  participation  of  each  Member  in  the  Euratom  fusion  programme  as 
described in Annex II. 

20 

European  Fusion  Development  Agreement  (Contract  ERB-5035-CT-99-0001  as  last  amended  by 
FU36-CT-2004-00123) 

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Due  to  the  specialised  nature  of  its  activities,  a  distinct  financial  regulation  and 
associated  implementing  arrangements  are  needed  for  the  Joint  Undertaking  to 
operate in an industry-like manner whilst, at the same time, adopting measures and 
controls  that  ensure  sound  financial  management  and  protect  the  Community’s 
interests.  Provisions  will  be  made  for  contracts  awarded  on  the  basis  of  calls  for 
tender  and  cost-sharing  contracts.  The  financial  regulation  will  be  adopted  by  the 
Board, in agreement with the Commission, following the principles in Annex III to 
the statutes. 

Audit  and  supervisory  mechanisms  are  described  in  Article  15  and  Annex  III 
including: the establishment of an internal audit unit that reports to the Director, the 
role of the Court of Auditors for the examination of the accounts, and the measures 
needed to facilitate internal enquiries by OLAF. 

The possibility of new Members joining the Undertaking as outlined in Article 16 of 
the  Statutes  is  either  due  to  their  accession  to  Euratom,  or  as  Associated  third 
Countries that have concluded a co-operation agreement with Euratom in the field of 
controlled nuclear fusion and expressed their wish to become Members of the Joint 
Undertaking. 

Article  17  defines  the  duration  of  the  Joint  Undertaking  as  35  years  which  is 
consistent  with  the  time  scale  associated  with  ITER  construction  and  operation  as 
well  as  the  “fast  track”  approach  to  fusion  which  aims  to  achieve  large-scale 
electricity  production  within  a  reasonable  timescale.  This  period  may  be  extended 
according to the procedure defined in Article 21 of the statutes. 

Spain,  as  host  state  for  the  Joint  Undertaking,  will  provide  site  and  support  in 
addition to the advantages set out in Annex III to the Treaty and will be subject to a 
separate  agreement  between  the  Joint  Undertaking  and  Spain  (Article  18).  The 
remaining  Articles  of  the  Statutes  make  provision  for  the  winding  up  of  the  Joint 
Undertaking, ownership and the assignment of rights, amendments to the statutes and 
the arrangements for the settlement of disputes. 

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Proposal for a 

COUNCIL DECISION 

establishing the European Joint Undertaking for ITER and the Development of Fusion 
Energy and conferring advantages upon it 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Atomic  Energy  Community,  and  in 
particular Articles 45 to 49 thereof, 

Having regard to the proposal from the Commission21, 

Whereas: 

(1) 

(2) 

(3) 

21 
22 
23 
24 
25 
26 
27 

The  Community,  through  strong,  continuous  and  coordinated  Community  support 
from  the  European  Atomic  Energy  Community  (“Euratom”)  research  and  training 
programmes,  together  with  the  development  of  knowledge  and  human  capital  in  the 
national  fusion  laboratories,  has  created  a  single  and  fully  integrated  fusion  research 
programme that has taken a leading international role in the development of fusion as 
a  potentially 
responsible  and 
limitless, 
economically competitive source of energy. 

sustainable,  environmentally 

safe, 

The establishment of the Joint European Torus (JET) fusion research project in 197822, 
which  has  met  or  exceeded  all  of  its  design  objectives  including  demonstrating  the 
release of significant amounts of fusion energy in a controlled manner and going on to 
hold  world  records  for  both  fusion  power  and  energy,  has  demonstrated  the  added 
value  of  pooling  resources  and  expertise  at  Community  level  in  the  form  of  a  Joint 
Undertaking. 

The Community has played a key role in the development of a next step international 
fusion project, ITER, starting in 1988 with Conceptual Design Activities23, continuing 
in 1992 with Engineering Design Activities24 which were extended by three years in 
199825  and  followed  by  a  second  agreement  in  199426  that  produced  in  2001  a 
detailed,  complete  and  fully  integrated  engineering  design27  of  a  research  facility 
aimed  at  demonstrating  the  feasibility  of  fusion  as  an  energy  source  from  which  the 

OJ C , , p. . 
OJ L 151, 7.6.1978, p. 10 
OJ L 102, 24.4.1988, p. 31 
OJ L 244, 26.8.1992 
OJ L 335, 19.12.1998, p. 62 
OJ L 114, 05.5.1994, p. 25 
Technical  Basis  for  the  ITER-FEAT  Outline  Design  2001,  ITER  EDA  Documentation  Series  No  19 
(Vienna: IAEA) 

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(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

Community  could  derive  significant  benefit,  in  particular,  in  the  context  of  ensuring 
the security and diversity of its long-term energy supply. 

The  seven  parties  to  the  ITER  negotiations  (Euratom,  People’s  Republic  of  China, 
India, Japan, Korea, Russia and the United  States), representing over one half of the 
world’s population, have concluded the Agreement on the Establishment of the ITER 
International  Fusion  Energy  Organisation  for  the  Joint  Implementation  of  the  ITER 
Project28 (hereinafter the “ITER Agreement”) which establishes the ITER International 
Fusion Energy Organisation (hereinafter the “ITER Organisation”) with headquarters 
in St. Paul-lez-Durance (France). 

The  ITER  Agreement  requires  all  parties  to  provide  contributions  to  the  ITER 
Organisation through appropriate legal entities referred to as “Domestic Agencies”. In 
order  to  enable  ITER  construction  to  commence  without  delay  and  given  that 
Euratom, as host party, will have special responsibilities including the largest share of 
the  contributions  and  the  preparation  of  the  site,  the  Domestic  Agency  of  Euratom 
should be established as soon as possible. 

Euratom and Japan have concluded a bilateral Agreement for the Joint Implementation 
of the Broader Approach Activities29 (hereinafter “the Broader Approach Agreement 
with  Japan”)  setting  out  complementary  joint  fusion  research  activities  as  part  of  a 
“Broader  Approach”  to  the  rapid  realisation  of  fusion  energy  agreed  during 
negotiations  on  the  ITER  Agreement.  The  Broader  Approach  Agreement  with  Japan 
foresees  that  such  Broader  Approach  Activities  should  be  carried  out  by  Euratom 
through the Domestic Agency of Euratom as the Implementing Agency. 

To  achieve  maximum  synergy  and  economies  of  scale,  the  Domestic  Agency  of 
Euratom, in the context of the “fast track” approach to fusion examined by a group of 
independent  experts  at  the  request  of  the  Research  Ministers  during  the  Belgian 
Presidency30,  should  also  implement  a  long-term  programme  of  activities  to  prepare 
for the construction of demonstration fusion reactors and related facilities to reinforce 
European industrial competitiveness in this respect. 

In  its  Conclusions  of  26-27  November  2003,  the  Council,  by  unanimous  decision, 
authorised  the  Commission  to  put  forward  France  as  the  ITER  host  state  and 
Cadarache as the ITER site and decided that the Domestic Agency for Euratom should 
be located in Spain31. 

The fundamental importance of the ITER Project and Broader Approach Activities for 
harnessing  fusion  as  a  potentially  limitless,  safe,  sustainable,  environmentally 
responsible  and  economically  competitive  source  of  energy  makes  it  necessary 
establish  the  Domestic  Agency  of  Euratom  in  the  form  of  a  Joint  Undertaking  as 
provided for in Chapter 5 of the Euratom Treaty. 

(10)  The  Joint  Undertaking,  which  should  be  responsible  for  public  research  activities  of 
European  and  international  interest,  and  discharge  commitments  pursuant  to 

28 
29 
30 
31 

OJ C , , p. . 
OJ C , , p. . 
Conclusions of the Fusion Fast Track Experts Meeting held on 27 November 2001 
Conclusions of the 2547th Competitiveness Council 26-27 November 2003 15397/03 

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international agreements, should be considered as an international organisation within 
the  meaning  of  the  second  indent  of  Article  15(10)  of  the  Sixth  Council  Directive 
77/388/EEC of 17 May 1977 on the harmonization of the laws of the Member States 
relating to turnover taxes(32), the second indent of Article 23(1) of Council Directive 
92/12/EEC  of  25 February  1992 on  the general  arrangements  for  products  subject to 
excise  duty  and  on  the  holding,  movement  and  monitoring  of  such  products  (33), 
Article 22 of Directive 2004/17/EC of the European Parliament and of the Council of 
31  March  2004  coordinating  the  procurement  procedures  of  entities  operating  in  the 
water,  energy,  transport  and  postal  services  sectors34,  and  Article  15  of  Directive 
2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the 
coordination  of  procedures  for  the  award  of  public  works  contracts,  public  supply 
contracts and public service contracts(35). 

(11)  The  Joint  Undertaking  should  have,  subject  to  prior  concertation  with  the 
Commission, a distinct financial regulation based on the principles of the framework 
financial regulation36 (hereinafter “the Framework Financial Regulation”) taking into 
account  its  specific  operating  needs  arising,  in  particular,  from  its  international 
obligations. 

(12) 

In order to strengthen international research cooperation, the Joint Undertaking should 
be open to the participation of countries that have concluded co-operation agreements 
with Euratom in the field of nuclear fusion that associate their respective programmes 
with the Euratom programmes. 

(13)  The  proposal  for  the  Council  Decision  for  the  seventh  framework  programme  of  the 
European  Atomic  Energy  Community  (Euratom)  for  nuclear  research  and  training 
activities (2007 to 2011)37, and the specific Programme implementing that framework 
programme38 (hereinafter “FP7”) puts ITER at the heart of the European strategy for 
fusion  and  makes  provision  for  the  Euratom  contribution,  through  the  Joint 
Undertaking to the ITER Organisation, Broader Approach Activities and other related 
activities in view of preparing for demonstration fusion reactors. 

(14)  The need to ensure stable employment conditions and equal treatment of staff, taking 
into account the experience gained from the JET Joint Undertaking, in order to attract 
specialised scientific and technical staff of the highest calibre, requires the application 
of the Staff Regulations of Officials of the European Communities, the Conditions of 
Employment  of  Other  Servants  of  the  European  Communities,  laid  down  by 
Regulation (EEC, Euratom, ECSC) No 259/68(39) to all the staff recruited by the Joint 
Undertaking. 

32 

33 

34 
35 
36 
37 
38 
39 

OJ L 145, 13.6.1977, p. 1. Directive as last amended by Directive 2001/115/EC (OJ L 15, 17.1.2002, p. 
24) 
OJ L 76, 23.3.1992, p. 1. Directive as last amended by Directive 2000/47/EC (OJ L 193, 29.7.2000, p. 
73) 
OJ L 134, 30.4.2004, p. 1 
OJ L 134, 30.4.2004, p. 114 
OJ L 357 31.12.2002, p. 72 
COM(2006) 364 
COM(2005) 445 
OJ L 56, 4.3.1968, p. 1. as amended by Regulation (CE, Euratom) No 723/2004 (OJ L 124, 27.4.2004)  

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(15)  Taking into account that the Joint Undertaking is not designed to fulfill an economic 
purpose and is responsible for managing the Euratom participation in an international 
research project of public interest, it is necessary for the performance of its tasks that 
the Protocol on the Privileges and Immunities of the European Communities of 8 April 
196540 should apply to the Joint Undertaking, its Director and staff. 

(16) 

In  view  of  the  particular  nature  of  the  activities  of  the  Joint  Undertaking  and  its 
importance  for  the  development  of  fusion  research  and  in  order  to  promote  a  sound 
and  economic  management  of  the  public  funding  to  be  provided  to  the  Joint 
Undertaking,  all  the  advantages  provided  for  in  Annex  III  to  the  Treaty  should  be 
conferred on the Joint Undertaking. 

(17)  Taking  into  account  the  rights  and  obligations  of  the  Community  under  Title  II, 
Chapter  2  of  the  Treaty  concerning  the  dissemination  of  information,  the  Joint 
Undertaking  should  make  appropriate  arrangements  in  that  regard  with  the 
Commission. 

(18)  A  host  agreement  should  be  concluded  between  the  Joint  Undertaking  and  Spain 
concerning office accommodation, privileges and immunities and other support to be 
provided by Spain to the Joint Undertaking. 

(19)  This  Decision  takes  into  account  the  outcome  of  the  enquiry  conducted  by  the 
Commission and, in particular, the positive opinion of the Consultative Committee for 
the  Euratom  Specific  Research  and  Training  Programme  in  the  Field  of  Nuclear 
Energy (Fusion) on the proposals, 

HAS ADOPTED THIS DECISION:  

Article 1 

Establishment of a Joint Undertaking 

1. 

The  European  Joint  Undertaking  for  ITER  and  the  Development  of  Fusion  Energy 
(Fusion for Energy) (hereinafter “the Joint Undertaking”) is hereby established for a 
period of 35 years. 

2. 

The tasks of the Joint Undertaking shall be as follows: 

(a) 

(b) 

(c) 

to  provide  the  contribution  of  the  European  Atomic  Energy  Community 
(“Euratom”) to the ITER International Fusion Energy Organisation; 

to  provide  the  contribution  of  Euratom  to  Broader  Approach  Activities  with 
Japan for the rapid realisation of fusion energy; 

to implement a programme of activities in preparation for the construction of a 
demonstration  fusion  reactor  and  related  facilities  including  the  International 
Fusion Materials Irradiation Facility. 

40 

OJ L 152, 13.7.1967,p.13, as amended by the Treaty of Amsterdam and the Treaty of Nice 

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3. 

4. 

The Joint Undertaking shall have its seat at Barcelona in Spain. 

The Joint Undertaking shall be considered as an international organisation within the 
meaning of the second indent of Article 15(10) of Directive 77/388/EEC, the second 
indent of Article 23(1) of Directive 92/12/EEC, Article 22 of Directive 2004/17/EC 
and Article 15 of Directive 2004/18/EC. 

Article 2 

Members 

The Joint Undertaking shall have the following Members: 

(a) 

Euratom; 

(b)  Member States of Euratom; 

(c) 

third countries which have concluded a co-operation agreement with Euratom 
in the field of controlled nuclear fusion that associates their respective research 
programmes  with  the  Euratom  programmes  and  have  expressed  their  wish  to 
become Members of the Joint Undertaking. 

Article 3 

Statutes 

The Statutes of the Joint Undertaking, as set out in the Annex, are hereby adopted. 

Article 4 

Financing 

1. 

The  resources  required  for  the  Joint  Undertaking  to  carry  out  its  tasks  shall  be 
determined as follows: 

(a) 

(b) 

(c) 

as  regards  the  tasks  referred  to  in  Article  1(2)(a),  in  accordance  with  the 
Agreement  on  the  Establishment  of  the  ITER  International  Fusion  Energy 
Organisation for the Joint Implementation of the ITER Project; 

as  regards  the  tasks  referred  to  in  Article  1(2)(b),  in  accordance  with  the 
bilateral  Agreement  for  the  Joint  Implementation  of  the  Broader  Approach 
Activities; 

as regards the tasks referred to in Article 1(2)(c), in accordance with research 
and training programmes adopted pursuant to Article 7 of the Treaty. 

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2. 

3. 

The resources of the Joint Undertaking shall consist of a contribution from Euratom, 
contributions  from  the  ITER  host  state,  the  annual  membership  contributions  and 
voluntary contributions from Members of the Joint Undertaking other than Euratom, 
and additional resources. 

The  indicative  total  resources  deemed  necessary  for  the  Joint  Undertaking  in 
accordance  with  paragraph  1  shall  be  EUR  9,653  million41.  This  is  detailed  as 
follows (in EUR million): 

2007 - 2016 

2017 - 2041 

2007 - 2041 
Total 

of which 
2007-2011 

Constant 
values 

4,127 

1,717 

5,526 

3,544 

9,653 

4. 

The  indicative  total  contribution  from  Euratom  to  the  resources  referred  to  in 
paragraph 3 shall be EUR 7,649 million, of which a maximum of 15 % shall be for 
administrative expenditure. This is detailed as follows (in EUR million): 

2007 - 2016 

2017 - 2041 

2007 - 2041 
Total 

of which 
FP7 (2007-
2011) 

Constant 
values 

3,147 

1,290 

4,502 

2,887 

7,649 

Article 5 

Financial Regulation  

The  Joint  Undertaking  shall  have  a  distinct  financial  regulation  based  on  the 
principles  of  the  Framework  Financial  Regulation.  It  may  depart  from  the 
Framework  Financial  Regulation  where  the  specific  operating  needs  of  the  Joint 
Undertaking so require and subject to prior concertation with the Commission. 

The Joint Undertaking shall establish its own internal audit service. 

Discharge for the implementation of the Community’s contribution to the budget of 
the  Joint  Undertaking  shall  be  given  by 
the  European  Parliament,  upon 
recommendation of the Council, under a distinct procedure to the general discharge. 

The accounts of the Joint Undertaking shall be consolidated with the Commission’s 
accounts. 

All figures shown are expressed in current values unless otherwise stated and subject to the adoption of 
the corresponding budgets for Community  research and training programmes pursuant to Article 7 of 
the Treaty 

1. 

2. 

3. 

4. 

41 

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Article 6 

Staff 

The  Staff  Regulations  of  Officials  and  Conditions  of  Employment  of  Other  Servants  of  the 
European  Communities,  as  well  as  the  rules  adopted  jointly  by  the  institutions  of  the 
European  Community  for  the  purposes  of  the  application  of  those  Staff  Regulations,  shall 
apply to the staff of the Joint Undertaking. 

Article 7 

Privileges and Immunities 

The Protocol on the Privileges and Immunities of the European Communities shall apply to 
the Joint Undertaking, its Director and Staff. 

Article 8 

Advantages 

The Member States shall confer all the advantages provided for in Annex III to the 
Treaty on the Joint Undertaking within the scope of its official activities, for as long 
as the Joint Undertaking exists.  

The Member States shall also confer on the Joint Undertaking exemptions from all 
indirect taxes for which it might be liable. 

Article 9 

Liability 

The contractual liability of the Joint Undertaking shall be governed by the relevant 
contractual provisions and by the law applicable to the contract in question. 

The  Court  of  Justice  of  the  European  Communities  shall  have  jurisdiction  to  give 
judgement pursuant to any arbitration clause contained in a contract concluded by the 
Joint Undertaking. 

In  the  case  of  non-contractual  liability,  the  Joint  Undertaking  shall,  in  accordance 
with  the  general  principles  common  to  the  laws  of  the  Member  States,  make  good 
any damage caused by its servants in the performance of their duties. 

The Court of Justice of the European Communities shall have jurisdiction in disputes 
relating to compensation for such damage. 

1. 

2. 

1. 

2. 

3. 

4. 

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16 

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5. 

Any  payment  by  the  Joint  Undertaking  in  respect  of  the  liability  referred  to  in 
paragraphs 1 and 2 and the costs and expenses incurred in connection therewith shall 
be  considered  as  expenditure  of  the  Joint  Undertaking  and  shall  be  covered  by  the 
resources of the Joint Undertaking. 

Article 10 

Dissemination of Information 

The  Joint  Undertaking  shall  agree  with  the  Commission  appropriate  provisions  which  will 
allow  the  Community  to  exercise  its  rights  and  obligations  under  Title  II,  Chapter  2  of  the 
Treaty. 

Article 11 

Host agreement 

A host agreement shall be concluded between the Joint  Undertaking and Spain  within  three 
months following the date of entry into force of this Decision. 

Article 12 

Entry into force 

This Decision shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

This Decision is addressed to the Member States. 

Done at Brussels,  

For the Council 
The President 

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ANNEX TO THE PROPOSAL FOR A COUNCIL DECISION 
STATUTES OF THE EUROPEAN JOINT UNDERTAKING FOR ITER AND THE 
DEVELOPMENT OF FUSION ENERGY (FUSION FOR ENERGY) 

Article 1 

Name, Seat, Members 

1. 

2. 

3. 

The  name  of  the  Joint  Undertaking  shall  be  “The  European  Joint  Undertaking  for 
ITER  and  the  Development  of  Fusion  Energy  (Fusion  for  Energy)”  (hereinafter 
referred to as “the Joint Undertaking”). 

The seat of the Joint Undertaking shall be at Barcelona in Spain. 

The Joint Undertaking shall have the following Members: 

(a) 

the European Atomic Energy Community (hereinafter “Euratom”); 

(b)  Member States of Euratom; 

(c) 

third countries which have concluded a co-operation agreement with Euratom 
in the field of controlled nuclear fusion that associates their respective research 
programmes  with  the  Euratom  programmes  and  which  have  expressed  their 
wish  to  become  Members  of  the  Joint  Undertaking  (hereinafter  “Associated 
third Countries”). 

Article 2 

Objectives  

1. 

The objectives of the Joint Undertaking shall be: 

(a) 

(b) 

(c) 

to  provide  the  contribution  of  Euratom  to  the  ITER  International  Fusion 
Energy  Organisation  (“the  ITER  Organisation”),  in  accordance  with  the 
Agreement  on  the  Establishment  of  the  ITER  International  Fusion  Energy 
Organisation  for  the  Joint  Implementation  of  the  ITER  Project  of  …  (“the 
ITER Agreement”); 

to  provide  the  contribution  of  Euratom  to  broader  approach  activities  with 
Japan  for  the  rapid  realisation  of  fusion  energy  (“Broader  Approach 
Activities”),  in  accordance  with  the  bilateral  Agreement  for  the  Joint 
Implementation  of  Broader  Approach  Activities  (“the  Broader  Approach 
Agreement with Japan”); 

to implement a programme of activities in preparation for the construction of a 
demonstration  fusion  reactor  and  related  facilities  including  the  International 
Fusion Materials Irradiation Facility (IFMIF). 

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Article 3 

Activities 

1. 

As  the  Euratom  Domestic  Agency  for  ITER,  the  Joint  Undertaking  shall  discharge 
the  obligations  of  Euratom  to  the  ITER  Organisation  as  defined  in,  and  for  the 
duration of, the ITER Agreement. In particular, it shall: 

(a) 

oversee preparation of the ITER Project site; 

(b) 

(c) 

(d) 

(e) 

provide  components,  equipment,  materials  and  other  resources  to  the  ITER 
Organisation; 

manage  procurement  arrangements  vis-à-vis  the  ITER  Organisation  and  in 
particular associated quality assurance procedures; 

prepare  for  and  coordinate  Euratom’s  participation  in  the  scientific  and 
technical exploitation of the ITER Project; 

provide  for  the  implementation  of  scientific  and  technological  research  and 
development  activities  in  support  of  Euratom’s  contribution  to  the  ITER 
Organisation; 

(f) 

provide Euratom’s financial contribution to the ITER Organisation; 

(g) 

(h) 

provide  arrangements  to  make  human  resources  available  for  the  ITER 
Organisation; 

interface  with  the  ITER  Organisation  and  carry  out  any  other  activities  in 
furtherance of the ITER Agreement. 

2. 

As  the  Implementing  Agency  in  the  context  of  the  Broader  Approach  Agreement 
with  Japan,  the  Joint  Undertaking  shall  discharge  Euratom  obligations  for  the 
implementation of Broader Approach Activities. In particular, it shall: 

(a) 

(b) 

(c) 

provide  components,  equipment,  materials  and  other  resources  for  Broader 
Approach Activities; 

prepare  for  and  coordinate  Euratom’s  participation  in  the  implementation  of 
Broader Approach Activities; 

provide  for  the  implementation  of  scientific  and  technological  research  and 
development activities; 

(d) 

provide the Euratom financial contribution to Broader Approach Activities; 

(e) 

(f) 

provide  arrangements  to  make  human  resources  available  for  Broader 
Approach Activities; 

carry  out  any  other  activities  necessary  for  meeting  Euratom’s  obligations  in 
furtherance of the Broader Approach Agreement with Japan. 

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3. 

4. 

In  preparation  for  the  construction  of  a  demonstration  fusion  reactor  and  related 
facilities  including  the  International  Fusion  Materials  Irradiation  Facility  (IFMIF), 
the  Joint  Undertaking  shall  implement  a  programme  of  research,  development  and 
design activities other than ITER and Broader Approach Activities. 

Undertake  any  other  activities  in  furtherance  of  the  overall  objectives  set  out  in 
Article 2, including activities to raise public awareness of the Joint Undertaking and 
its mission. 

Article 4 

Legal Personality  

The Joint Undertaking shall have legal personality. In the territory of each of its Members, it 
shall enjoy the most extensive legal capacity accorded to legal persons under their respective 
laws. It may, in particular, conclude contracts, obtain licences, acquire or dispose of movable 
and immovable property, take out loans and be a party to legal proceedings. 

Article 5 

Bodies 

1. 

2. 

3. 

1. 

2. 

3. 

The bodies of the Joint Undertaking shall be the Governing Board and the Director. 

The  Governing  Board  shall  be  assisted  by  the  Executive  Committee  in  accordance 
with Article 7. 

The  Governing  Board  and  the  Director  shall  seek  advice  from  the  Scientific 
Programme Board(s) in accordance with Article 9. 

Article 6 

Governing Board 

The  Governing  Board  shall  be  responsible  for  the  supervision  of  the  Joint 
Undertaking  in  the  pursuit  of  its  objectives  set  out  in  Article  2  and  ensure  close 
collaboration between the Joint Undertaking and its Members in the implementation 
of its activities. 

Each Member of the Joint Undertaking shall be represented in the Governing Board 
by two members, one of whom shall have scientific/technical expertise in the areas 
related to the activities of the Joint Undertaking. 

The  Governing  Board  shall  make  recommendations  and  take  decisions  on  any 
questions,  matters  or  issues  within  the  scope  of  and  in  accordance  with  these 
Statutes. The Governing Board shall in particular: 

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(a) 

adopt changes in the voting system and rights and determine the voting rights 
of new Members upon a proposal by Euratom ; 

(b) 

approve proposals for amendments to these statutes; 

(c) 

decide all matters referred to it by the Executive Committee; 

(d) 

appoint the Chairperson and members of the Executive Committee; 

(e) 

(f) 

adopt  the  project  plan,  work  programmes,  resource  estimates  plan,  the  staff 
establishment plan and the staff policy plan; 

adopt  the  annual  budget  and  approve  the  annual  accounts  in  accordance  with 
the financial regulation; 

(g) 

exercise the powers referred to in Article 10(3) in respect of the Director; 

(h) 

approve the basic organisational structure of the Joint Undertaking; 

(i) 

(j) 

(k) 

(l) 

(m) 

(n) 

(o) 

(p) 

(q) 

adopt  the  financial  regulation  and  its  implementing  rules  of  the  Joint 
Undertaking in accordance with Article 13(1); 

adopt  the  implementing  provisions  referred  to  in  Article  10(2)  and  Article 
10(4) in respect of the staff; 

adopt implementing rules for making human resources available for the ITER 
Organisation and for Broader Approach Activities; 

adopt  and  apply  measures  and  guidelines  to  combat  fraud,  irregularities  and 
manage potential conflicts of interest; 

approve  the  host  agreement  between  the  Joint  Undertaking  and  Spain 
(hereinafter “the Host State”); 

decide on any acquisition, sale and mortgaging of land and other titles to real 
property, as well as on the giving of any sureties or guarantees, taking out of 
shares in other undertakings or institutions, and granting or taking of loans; 

approve the conclusion of agreements or arrangements regarding co-operation 
with  third  countries  and  with  institutions,  undertakings  or  persons  of  third 
countries or with international organisations; 

approve  the  annual  activity  reports  on  the  progress  of  the  Joint  Undertaking 
with respect to its work programmes and its resources; 

adopt  rules  on 
the 
dissemination  of  information  in  agreement  with  the  European  Commission 
(hereinafter “the Commission”); 

intellectual  property  rights  and 

industrial  policy, 

(r) 

establish the Scientific Programme Board(s) and appoint their members; 

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(s) 

exercise  such  other  powers  and  perform  such  other  functions,  including  the 
establishment of subsidiary bodies, as may be necessary for the exercise of its 
functions in furtherance of its objectives. 

The  voting  rights  of  the  Members  of  the  Joint  Undertaking  shall  be  as  set  out  in 
Annex I. The votes of each Member shall be indivisible.  

Decisions by the Governing Board in respect of the functions described in paragraph 
3(a) and (b) shall require unanimity. 

Decisions by the Governing Board in respect of the functions described in paragraph 
3(c) to (n) shall require a two-thirds majority of the total votes. 

Unless otherwise stated, all other Governing Board decisions shall require a simple 
majority of the total votes. 

For  decisions  taken  by  majority  voting  to  be  valid,  the  majority  shall  include  the 
votes of Euratom. 

The  Governing  Board  shall  elect  its  Chairperson  from  among  its  members  upon  a 
proposal by Euratom. He shall serve for a term of two years and may be re-elected 
once. 

The  Governing  Board  shall  meet  when  convened  by  the  Chairperson,  at  least  two 
times  per  year.  The  Governing  Board  may  also  be  convened  at  the  request  of  a 
simple  majority  of  its  members,  or  at  the  request  of  the  Director  or  Euratom.  The 
meetings shall normally take place at the seat of the Joint Undertaking. 

Unless  otherwise  decided  in  particular  cases,  the  Director  of  the  Joint  Undertaking 
and the Chairperson of the Executive Committee shall participate in the meetings of 
the Governing Board. 

The Governing Board shall adopt its rules of procedure and shall approve the rules of 
procedure of the Executive Committee by two-thirds majority of the total votes. 

Article 7 

Executive Committee 

The Executive Committee shall assist the Governing Board in the preparation of its 
decisions  and  shall  undertake  any  other  tasks  which  the  Governing  Board  may 
delegate to it. 

The Executive Committee shall be composed of thirteen members appointed by the 
Governing  Board  from  among  persons  of  recognized  standing  and  professional 
experience in scientific, technical and financial matters relevant to the functions set 
out in this Article. One Member of the Executive Committee shall be Euratom. 

4. 

5. 

6. 

7. 

8. 

9. 

1. 

2. 

3. 

The Executive Committee shall in particular: 

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(a) 

(b) 

(c) 

approve the award of contracts in accordance with the financial regulation; 

comment  on  and  make  recommendations  to  the  Governing  Board  on  the 
proposal  for  the  project  plan,  work  programmes,  resource  estimates  plan, 
annual budget and accounts drawn up by the Director; 

submit  to  the  Governing  Board,  in  duly  justified  cases,  decisions  on  the 
awarding of contracts or any other decisions entrusted to it. 

Each Executive Committee member shall have one vote. 

Unless  otherwise  stated,  decisions  by  the  Executive  Committee  shall  require  a 
majority of nine votes in favour, including the vote of Euratom. 

The  term  of  office  for  members  of  the  Executive  Committee  shall  be  two  years 
renewable once. Every two years at least one-half of the members shall be replaced. 

On  expiry  of  their  term  of  office  members  shall  remain  in  office  until  their 
appointment is renewed or they are replaced. If a member resigns, he shall remain in 
office until he is replaced. 

The  Chairperson  of  the  Executive  Committee  shall  be  appointed  by  the  Governing 
Board for a period of two years, renewable once.  

The Executive Committee shall meet when convened by the Chairperson, at least six 
times per year. The Executive Committee may also be convened at the request of at 
least three members, or at the request of the Director or Euratom. The meetings shall 
normally take place at the seat of the Joint Undertaking. 

The Chairperson of the Executive Committee shall participate in the meetings of the 
Governing Board, unless the Governing Board decides otherwise. 

Subject to the prior approval of the Governing Board, the Executive Committee shall 
adopt its rules of procedure. 

Article 8 

The Director 

The  Director  shall  be  the  chief  executive  officer  responsible  for  the  day-to-day 
management of the Joint Undertaking and shall be its legal representative. 

The Director shall be appointed by the Governing Board upon a proposal by Euratom 
for a period of five years. After an evaluation of the Director by Euratom, and upon 
its proposal, the Governing Board may extend the term of office once for a further 
period of not more than five years. 

The Director shall be subject to the rules and regulations applicable to officials and 
other  servants  of  the  European  Communities  save  as  otherwise  provided  in  these 
Statutes. 

4. 

5. 

6. 

7. 

8. 

9. 

10. 

11. 

1. 

2. 

3. 

EN 

23 

   EN 

 
4. 

The Director shall implement the work programmes and direct the execution of the 
activities  set  out  in  Article  3.  He  shall  supply  the  Governing  Board,  the  Executive 
Committee,  the  Scientific  Programme  Boards  and  any  subsidiary  bodies  with  all 
information necessary for the performance of their functions. 

In particular, the Director shall: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

(j) 

(k) 

(l) 

(m) 

(n) 

organise, direct and supervise the Staff and exercise in respect of the Staff the 
powers referred to in Article 10(3); 

define the basic organisational structure of the Joint Undertaking and submit it 
to the Governing Board for approval; 

draw up and regularly update the project plan, work programmes of the Joint 
Undertaking and the staff policy plan; 

draw  up,  in  accordance  with  the  ITER  Agreement  and  with  the  Broader 
Approach  Agreement  with  Japan,  implementing  rules  for  making  human 
resources  available  for  the  ITER  Organisation  and  for  Broader  Approach 
Activities; 

draw up, in accordance with the financial regulation of the Joint Undertaking, 
the  resource  estimates  plan  and  annual  draft  budget  including  the  staff 
establishment plan of the Joint Undertaking; 

implement the budget, keep the inventory and draw up the annual accounts in 
accordance with the financial regulation of the Joint Undertaking; 

ensure the application of sound financial management and internal controls; 

draw  up the rules on  intellectual property rights and industrial policy, and on 
the dissemination of information; 

draw up the annual activity report on the progress of the implementation of the 
activities of the Joint Undertaking set out in the work programmes and resource 
estimates plan; 

draw  up  such  other  reports  as  may  be  requested  by  the  Governing  Board  or 
Executive Committee; 

assist  the  Governing  Board,  the  Executive  Committee  and  any  subsidiary 
bodies by providing their secretariat; 

participate  in  the  meetings  of  the  Governing  Board,  unless  the  Governing 
Board  decides  otherwise  and  participate  in  the  meetings  of  the  Executive 
Committee; 

ensure  that  scientific  and  technical  expertise  is  made  available  to  the  Joint 
Undertaking for the development of its activities; 

carry out other activities and, as may be necessary, make other proposals to the 
Governing Board in furtherance of the objectives of the Joint Undertaking. 

EN 

24 

   EN 

 
Article 9 

Scientific Programme Board(s) 

The Governing Board shall appoint the members of Scientific Programme Board(s). 
The  chairperson  of  the  Programme  Board(s)  shall  be  elected  from  among  its 
members. 

The  Scientific  Programme  Board(s)  shall  advise  the  Governing  Board  and  the 
Director,  as  necessary,  on  the  adoption  and  implementation  of  the  project  plan  and 
work programmes. 

Article 10 

Staff 

The staff of the Joint Undertaking shall assist the Director in the performance of his 
duties and shall be normally nationals of the Members of the Joint Undertaking 

The Staff Regulations of Officials of the European Communities, the Conditions of 
Employment  of  Other  Servants  of  the  European  Communities,  laid  down  by 
Regulation (EEC, Euratom, ECSC) No 259/6842 (hereinafter “the Staff regulations”) 
and the rules adopted jointly by the institutions of the European Community for the 
purposes of the application of those Staff Regulations shall apply to the staff of the 
Joint Undertaking. 

The Governing Board, in agreement with the Commission, shall adopt the necessary 
implementing  provisions,  in  accordance  with  the  arrangements  provided  for  in 
Article 110 of the Staff Regulations. 

The Joint Undertaking shall exercise, with regard to its staff, the powers which are 
devolved on the appointing authority. 

The Governing Board may adopt provisions to allow national experts from Members 
of the Joint Undertaking to be seconded to the Joint Undertaking. 

1. 

2. 

1. 

2. 

3. 

4. 

Article 11 

Work Programmes and Resource Estimates Plan 

The Director shall prepare each year for submission to the Governing Board the project plan, 
the resource estimate plan and the detailed annual work programmes and budget. One work 
programme  shall  be  prepared  for  each  of  the  three  groups  of  activities  of  the  Joint 
Undertaking as set out in Article 3. 

42 

OJ L 56, 4.3.1968, p. 1. as amended by Regulation (CE, Euratom) no. 723/2004 of 22 March 2004 (OJ 
L 124, 27.4.2004) and as last amended by Corrigendum (OJ L 051, 24/02/2005 p. 0028) 

EN 

25 

   EN 

 
                                                 
Article 12 

Resources 

1. 

The resources of the Joint Undertaking shall consist of a contribution from Euratom, 
annual  membership  contributions  and  voluntary  contributions  from  the  other 
Members, contributions from the ITER host state and from additional resources: 

(a) 

(b) 

(c) 

the  Euratom  contribution  shall  be  made  available  through  the  Community 
research and training programmes adopted pursuant to Article 7 of the Treaty; 

annual membership contributions shall take the form of financial contributions 
and shall be made available in accordance with Annex II; 

voluntary  contributions  may  be  made  in  cash  or  in-kind  and  shall  not  count 
towards annual membership contributions. 

(d) 

contributions from the ITER host state; 

(e) 

additional resources may be received under terms approved by the Governing 
Board. 

The  resources  of  the  Joint  Undertaking  shall  be  solely  used  in  furtherance  of  its 
objectives  as  defined  in  Article  2.  The  value  of  contributions  in-kind  shall  be 
determined by the Joint Undertaking. Without prejudice to Article 19, no payment by 
way  of  division  of  any  excess  of  resources  over  expenditure  shall  be  made  to  the 
Members of the Joint Undertaking. 

Article 13 

Financial regulation 

The  financial  regulation  and  its  implementing  rules  shall  be  adopted  by  the 
Governing Board. 

The  financial  regulation 
implementation of the budget of the Joint Undertaking. 

lays  down 

the  rules  for 

the  establishment  and 

The financial regulation shall be in accordance with the general principles set out in 
Annex III. 

Article 14 

Annual activity report  

2. 

1. 

2. 

3. 

The  annual  activity  report  shall  record  the  implementation  of  the  work  programmes  by  the 
Joint  Undertaking.  It  shall  in  particular  outline  the  activities  conducted  by  the  Joint 
Undertaking and evaluate the results with respect to the objectives and the timetable set, the 

EN 

26 

   EN 

 
risks associated with the activities carried out, the use of resources and the general operation 
of  the  Joint  Undertaking.  The  annual  activity  report  shall  be  prepared  by  the  Director, 
approved by the Governing Board and sent to the Members, the Commission, the European 
Parliament and the Council of the European Union (hereinafter “the Council”). 

Article 15 

Annual Accounts and Supervision 

1. 

Within two months after the end of each financial year the provisional accounts shall 
be  submitted  to  the  Commission  and  the  Court  of  Auditors  of  the  European 
Communities (hereinafter “the Court of Auditors”). 

Within six months after the end of each financial year, the Director shall submit the 
final  accounts  to  the  Commission,  the  Council,  the  European  Parliament  and  the 
Court of Auditors. 

The  European  Parliament,  upon  a  recommendation  of  the  Council,  shall,  before  30 
April of year n+2, give a discharge to the Director in respect of the implementation 
of the Community’s contribution to the budget of the Joint Undertaking for year n. 

The  European  Anti-Fraud  Office  (OLAF)  set  up  by  Commission  Decision 
1999/352/EC, ECSC, Euratom(43) shall enjoy the same powers in respect of the Joint 
Undertaking and its staff as it enjoys in respect of Commission departments. As soon 
as  the  Joint  Undertaking  is  established,  it  shall  accede  to  the  Interinstitutional 
Agreement of 25 May 1999 between the European Parliament, the Council and the 
Commission concerning internal investigations by OLAF (44). The Governing Board 
shall  approve  this  accession  and  adopt  the  necessary  measures  needed  to  facilitate 
internal investigations conducted by OLAF. 

All  decisions  adopted  and  contracts  concluded  by  the  Joint  Undertaking,  shall 
provide  explicitly  that  OLAF  and  the  Court  of  Auditors  may  carry  out  on-the-spot 
inspections  of  the  documents  of  all  contractors  and  sub-contractors  which  have 
received Community funds, including at the premises of the final beneficiaries. 

Article 16 

Accession 

Upon  accession  to  Euratom,  any  new  Member  State  of  the  European  Union  shall 
become a Member of the Joint Undertaking. 

Any  third  country  which  concludes  a  co-operation  agreement  with  Euratom  in  the 
field of controlled nuclear fusion that associates its respective research programmes 

OJ L 136, 31.05.1999, p. 1 
OJ L 136, 31.5.1999, p. 15 

2. 

3. 

1. 

2. 

43 
44 

EN 

27 

   EN 

 
                                                 
with  the  Euratom  programmes  and  expresses  its  wish  to  become  a  Member  of  the 
Joint Undertaking shall become a Member. 

Article 17 

Duration 

The Joint Undertaking shall be established for a period of 35 years. 

Article 18 

Support from the Host State 

A  host  agreement  shall  be  concluded  between  the  Joint  Undertaking  and  the  Host  State 
concerning, in particular, the site and support to be provided. 

Article 19 

Winding up 

1. 

2. 

3. 

4. 

At  the  end  of  the  period  provided  for  in  Article  17,  or  following  a  decision  by  the 
Council, the Joint Undertaking shall be wound up. 

For the purpose of conducting the proceedings in winding up the Joint Undertaking, 
the Governing Board shall appoint one or more liquidators, who shall comply with 
the instructions issued by the Governing Board. 

When the Joint Undertaking is being wound up, it shall return to the Host State any 
physical support item made available by the Host State in accordance with the host 
agreement provided for in Article 18. 

When any physical support item has been dealt with as provided in Paragraph 3, any 
further  assets  shall  be  used  to  cover  the  liabilities  of  the  Joint  Undertaking  and  the 
costs relating to its winding up. Any surplus or deficit shall be distributed among or 
met  by  the  Members  existing  at  the  time  of  the  winding  up  in  proportion  to  their 
actual total contributions to the Joint Undertaking.  

Article 20 

Ownership and assignment of rights  

1. 

The Joint Undertaking shall own all resources, tangible and intangible and financial 
assets  created  by  it  or  acquired  by  it  unless  otherwise  agreed  between  the 
Commission and the Joint Undertaking. 

EN 

28 

   EN 

 
2. 

3. 

1. 

2. 

3. 

1. 

2. 

3. 

Members  shall  offer  free  of  charge  to  the  Joint  Undertaking  any  title,  rights  and 
obligations  arising  under  contracts  concluded  and  orders  placed  in  relation  to  the 
activities of the Joint Undertaking prior to its establishment. 

The Joint Undertaking may take over any contract and order referred to in paragraph 
2. 

Article 21 

Amendments 

Without prejudice to Article 6(3)(a) any Member of the Joint Undertaking may make 
a proposal to the Governing Board for the amendment of these Statutes. 

Upon  the  approval  of  the  Governing  Board  the  proposal  shall  be  submitted  to  the 
Commission. 

The  Commission  may  make  a  proposal  to  the  Council  for  the  approval  of  such 
amendments in accordance with Article 50 of the Euratom Treaty. 

Article 22 

Settlement of disputes 

Without prejudice to Article 154 of the Treaty, any dispute either between Members 
of the Joint Undertaking or between one or more Members and the Joint Undertaking 
concerning the interpretation or application of these Statutes, which is not settled by 
the  good  offices  of  the  Governing  Board,  may,  at  the  request  of  any  party  to  the 
dispute, be submitted to an arbitration tribunal. 

The  arbitration  tribunal  shall  be  established  in  each  individual  case.  The  tribunal 
shall be composed of three members nominated jointly by the parties to the dispute. 
The  members  of  the  arbitration  tribunal  shall  elect  the  chairman  from  amongst 
themselves. 

If the parties in the dispute fail to nominate the members of the arbitration tribunal 
within  two  months  of  the  request  for  submission  of  a  dispute  to  the  arbitration 
tribunal, or if within one month of the nomination of the members these members do 
not elect a chairman, such member or members or the chairman shall be nominated 
by the President of the Court of Justice of the European Communities at the request 
of one of the parties to the dispute. 

4. 

The arbitration tribunal shall reach its decision by a majority of votes. Such decision 
shall be binding and final. 

EN 

29 

   EN 

 
ANNEX I TO THE STATUTES OF THE JOINT UNDERTAKING 
GOVERNING BOARD VOTING RIGHTS 

The voting rights of the Members of the Governing Board shall be distributed as follows: 

Euratom 

Austria 

Belgium 

Bulgaria 

Cyprus 

Czech Republic 

Denmark 

Estonia 

Finland 

France 

Greece 

Germany 

Hungary 

Ireland 

Italy 

Latvia 

Lithuania 

Luxembourg 

Malta 

Poland 

Portugal 

Romania 

Slovakia 

Slovenia 

5 

2 

2 

1 

1 

2 

2 

1 

2 

5 

2 

5 

2 

2 

5 

2 

1 

1 

1 

3 

2 

2 

2 

2 

EN 

30 

   EN 

 
Sweden 

Switzerland 

Spain 

The Netherlands 

United Kingdom 

2 

2 

3 

2 

5 

EN 

31 

   EN 

 
ANNEX II TO THE STATUTES OF THE JOINT UNDERTAKING 
ANNUAL MEMBERSHIP CONTRIBUTIONS 

1. 

2. 

3. 

4. 

Members  other  than  Euratom  shall  make  annual  membership  contributions  to  the 
Joint Undertaking. 

The total amount of annual membership contributions for year N shall be calculated 
on  the  basis  of  the  annual  resources  required  for  the  administration  of  the  Joint 
Undertaking in that year, as adopted by the Governing Board. 

The  total  amount  of  annual  membership  contributions  shall  not  exceed  10%  of  the 
annual resources required for the administration of the Joint Undertaking, as set out 
in point 2. 

The annual membership contribution of each Member, unless otherwise decided by 
the Governing Board by unanimity, shall be composed of: 

(a) 

(b) 

a  minimum  contribution  of  0.1%  of  the  total  amount  of  annual  membership 
contributions set out in point 2; 

an  additional  contribution  calculated  in  proportion  to  the  Euratom  financial 
participation  (expressed  in  Euro)  in  the  Member’s  expenditure  in  the 
framework of the Community Fusion research programme in the year N-2. 

EN 

32 

   EN 

 
ANNEX III TO THE STATUTES OF THE JOINT UNDERTAKING 
FINANCIAL REGULATION: GENERAL PRINCIPLES 

1. 

The financial regulation shall follow the budgetary principles of: 

(a) 

unity and budget accuracy; 

(b) 

annuality; 

(c) 

equilibrium; 

(d) 

unit of account; 

(e) 

universality; 

(f) 

specification; 

(g) 

sound financial management; 

(h) 

transparency. 

2. 

3. 

4. 

The Joint Undertaking shall have internal control standards and mechanisms in place, 
including rules for financial circuits and procedures for financial operations. 

The Joint Undertaking shall establish an internal audit unit. 

Notwithstanding  the  principle  of  equilibrium  referred  to  in  point  1(c),  the  Joint 
Undertaking shall have the possibility to take out loans in accordance with Article 4 
of the Statutes, following approval of the Governing Board and under the conditions 
set out in the financial regulation. 

5. 

The financial regulation shall, in particular, set out: 

(a) 

(b) 

(c) 

(d) 

(e) 

the financial year, which shall begin on the first day of January and end on the 
last day of December; 

rules  and  procedures  for  the  multi-annual  project  plan  and  resource  estimates 
plan,  their  presentation  and  structure,  including  budgetary  provisions  and 
estimates for a period of five years; 

rules and procedures for the annual work programmes and resource estimates 
plan  and  their  presentation  and  structure,  including  budgetary  provisions  and 
estimates for a period of two years; 

rules and procedures for the preparation and adoption of the annual budget, and 
its implementation, including procedures for commitments and payments; 

the principles for the collection of recovery and for the interest yielded by the 
resources contributed by the members; 

EN 

33 

   EN 

 
(f) 

(g) 

(h) 

(i) 

(j) 

rules  and  procedures  for  the  internal  financial  control,  including  delegated 
powers in particular concerning the ceilings on the basis of which the Director 
can award contracts with or without the approval of the Executive Committee; 

rules  and  procedures  for  the  method  of  calculating  and  transferring  payments 
of the contributions by the Members of the Joint Undertaking; 

rules  and  procedures  for  the  management  of  resources,  including  procedures 
for  purchasing,  selling  and  determining  the  value  of  tangible  and  intangible 
assets; 

rules  and  procedures  for  the  keeping  and  presentation  of  accounts  and 
inventory  records  and  the  drawing  up  and  presentation  of  the  annual  balance 
sheet; 

rules  and  procedures  for  the  management  of  conflicts  of  interest  and  the 
reporting of suspected irregularities and fraud. 

The  Joint  Undertaking  shall  keep  accrual-based  accounts  in  accordance  with 
international  accounting  standards  and  international  financial  reporting  standards. 
Income  and  expenditures  shall  be  managed  and  accounted  for  separately  in  the 
annual accounts, which shall include budgetary implementation of commitments and 
payments together with administrative expenses. The Joint Undertaking shall have no 
separate  accounts  by  membership  origin,  but  shall  account  for  annual  membership 
contributions received and activities undertaken. 

The establishment plan of the Joint Undertaking shall be drawn up in agreement with 
the Commission and in accordance with Article 46(3)(d) of the Financial Regulation 
applicable to the general budget of the European Communities. 

The estimates of revenue and expenditure, together with the operating accounts, the 
balance sheets of the Joint Undertaking for each financial year, shall be placed before 
the Commission, the Council and the European Parliament. 

The  Joint  Undertaking  shall  adopt  provisions  and  rules  forming  a  procurement 
system, integrated and compatible with the ITER Organisation’s procurement system 
and taking into account the Joint Undertaking’s specific operational needs stemming, 
inter  alia,  from  international  commitments,  thereby  allowing  the  Joint  Undertaking 
to accomplish efficiently and timely the scheduled procurement activities 

6. 

7. 

8. 

9. 

EN 

34 

   EN 

 
LEGISLATIVE FINANCIAL STATEMENT 

1. 

NAME OF THE PROPOSAL: 

Council  Decision  establishing  the  European  Joint  Undertaking  for  ITER  and  the 
Development of Fusion Energy and conferring advantages upon it. 

2. 

ABM / ABB FRAMEWORK 

RESEARCH – Fusion Energy Research 

3. 

LEGAL BASIS 

Articles 45-51 of the Euratom Treaty 

4. 

BUDGET LINES 

4.1. 

Budget  lines  (operational  lines  and  related  technical  and  administrative 
assistance lines (ex- B.A lines)) including headings: 

08.1902 (operational expenditure) and 08.010440 (administrative expenditure) 

4.2. 

Duration of the action and of the financial impact: 

35 years after the entry into force of the Council Decision (2007 – 2041) 

4.3. 

Budgetary characteristics (add rows if necessary): 

Budget line 

Type of expenditure 

New 

EFTA 
contribution 

Contributions 
from applicant 
countries 

Heading in 
financial 
perspective 

08.19.02 

Non-
comp 

Diff45/ 

08.01.04.40   Non -
Comp 

Non-
diff46 

* Euratom Research Budget 

YES* 

NO 

NO  

No [1a] 

YES* 

NO 

NO 

No [1a] 

The Joint Undertaking will administer its own administrative credits according to its 
Financial Regulation. 

An agreement between the Commission and the Joint Undertaking will establish the 
procedure regarding the Community participation: 

45 
46 

Differentiated appropriations 
Non-differentiated appropriations hereafter referred to as NDA 

EN 

35 

   EN 

 
 
                                                 
•  Annual indicative budgets are established by the Joint Undertaking’s proposal and 

addressed to the Commission during the PDB procedure (N-1). 

•  After the adoption of the annual budget, the Joint Undertaking will make a formal 
request  to  the  Commission  for  needed  credits  in  year  N  (operational  and 
administrative needs). 

•  After  approval  of  the  request,  the  Commission  will  commit  all  the  funds  on  the 
line  and  make  payments  to  the  Joint  Undertaking  for  both  operational  and 
administrative expenses on the basis of duly justified requests. 

5. 

SUMMARY OF RESOURCES 

5.1. 

Financial Resources 

All figures presented in this statement are indicative and subject to the approval of 
Financial  Perspectives,  Research  Framework  Programmes  and  associated  Specific 
Programmes. Figures are presented in current values47, unless otherwise stated. The 
expected contributions from the other Members of the Joint Undertaking are included 
in the tables below for information. 

5.1.1. 

ITER 

The total estimated financial resources of the ITER Construction, Operations and De-
commissioning  are  indicated  in  Table  148.  The  estimated  share  of  the  Community 
contribution to be financed by the Euratom Seventh Framework Programme (FP7) 49 
and  Specific  Programme  2007  –  2011  (SP7)  50  is  EUR  986  million  out  of  a  total 
foreseen Community funding of EUR 4926 million. 

For the ITER Construction phase the Community contribution will consist of 36,4% 
and the Host contribution of 9,1% of the total ITER construction costs. For the ITER 
Operation and Decommissioning phase the Community and Host contributions will 
be  27%  and  7%  respectively  of  the  total  ITER  Operation  and  Decommissioning 
costs.  Both  Community  and  Host  contributions  shall  be  managed  by  the  Joint 
Undertaking. 

It  is  to  be  noted  that  the  major  part  of  the  Euratom  contribution  to  the  ITER  and 
Technology  (IFMIF,  Broader  Approach)  is  in  components  to  be  procured  and 
provided.  These  figures  provided  in  this  statement  are  consistent  with  values 
estimates  assigned  to  these  components  but  the  actual  purchasing  costs  might  not 
necessarily be the same due to their highly specialised nature. 

47 
48 

49 
50 

Accumulated at 2% annually 
As  set  out  in  the  ITER  Final  Design  Report  (ITER  /  EDA  Documentation  Series  Number  24,  IAEA, 
Vienna  2002)  -  Chapter  7),  COM(2003)  215  Final,  SEC(2002)  276  of  7  March  2002  and  updated 
following the negotiations 
COM(2006) 364 
COM(2005) 445 

EN 

36 

   EN 

 
                                                 
Table 1: ITER 

TOTAL COSTS 

  EUR Mio 

ITER CONSTRUCTION (10 YEARS) 2007 - 201651 

%Com-
munity 
contr * 

ITER 
Host 
contr 

Com-
munity 
contr * 

FP7/SP7 
‘07–‘11  

5.550 

total in Constant 2005 Values 

36,4% 

9,1% 

2.018 

6.322 

  Total in Current Values 

36,4% 

9,1% 

2.299 

986 

ITER OPERATION (20 YEARS) 2017 - 2036 

266 

  Per Year in 2005 Values  

5.314 

total in Constant 2005 Values 

8.187 

  Total in Current Values 

27% 

27% 

27% 

7% 

106 

7% 

1.445 

7% 

2.227 

0 

I 

a 

b 

II 

a 

b 

c 

III 

ITER DECOMMISSIONING  

  2017 - 2036 

a 

b 

574 

  2005 Constant Values 

884 

  Total in Current Values 

27% 

27% 

7% 

7% 

156 

240 

IV 

ITER DE-ACTIVATION COSTS  

  2037 - 2041 

a 

b 

304 

  Total 2005 Constant Values 

585 

  Total in Current Values 

27% 

27% 

7% 

7% 

83 

159 

0 

0 

V 
(I+II+III+IV)  TOTAL COSTS ITER 2007 - 2041 

= 

a 

b 

11.741 

  Total 2005 Constant Values 

31,5% 

3.702 

15.987 

  Total in Current Values 

30,8% 

4.926 

986 

* Community Contribution from the Euratom Research Budget. 

Figures  mentioned  are  indicative  and  subject  to  approval  of  the  Euratom  FP7  and  SP7  budgets  as  well  as 
subsequent Framework Programmes and Specific Programmes budgets. 

51 

Including  provision  for  the  cost  sharing  between  the  Parties  set  out  in  the  Common  Understanding 
“Cost Sharing for all Phases of the ITER Project” 

EN 

37 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
5.1.2.  Technology (IFMIF, Broader Approach and Others) 

The resource estimates for Technology are indicated in Table 2. The estimated total 
Community contribution to all the Technology activities consists of EUR 524 million 
for  the  ten  year  period,  of  which  a  total  of  EUR  169  million  is  proposed  for  the 
period 2007 – 2011. 

The  estimated  Euratom  contribution  to  Broader  Approach  Activities,  consists  of 
EUR 382 million for the period of 10 years. It is foreseen that Members of the Joint 
Undertaking will provide ‘voluntary in-kind contributions’ to the Broader Approach 
Activities. Therefore, the subdivision of the overall budget is at this stage indicative 
only and will depend on the actual volume of voluntary contributions. 

The estimated Community contribution to the IFMIF Construction costs, which are 
foreseen to be EUR 1022 million, are EUR 408 million. The total estimated costs of 
IFMIF  operations  and  decommissioning  are  foreseen  to  be  EUR  1433  million  in 
2005 values. Pending the finalisation of the negotiations it is to be estimated that the 
Community will provide 40% of the costs.52 

52 

The Cost Estimates of the Construction of IFMIF and EVEDA have been prepared in December 2003 
by the IFMIF International Team (25 December 2003). 

EN 

38 

   EN 

 
                                                 
Table 2: Technology (IFMIF, Broader Approach and Others) 

TOTAL 
COSTS 

  EUR Mio 

IX 
= 
(VI+VII+VIII) 

TECHNOLOGY 2007 - 2016 

%Com-
munity 
contr * 

ITER 
HOST/ 
member 
contr 

Com-
munity 
contr * 

FP7/SP7 
‘07–‘11  

a 

b 

VI 

a 

b 

979  Constant 2005 Value 

1137  Current 10 year value 

451 

524

169

OF WHICH FOR ITER REALISATION YEARS 2007 – 2016 

265  Constant 2005 Value 

300  Current 10 year value 

100% 

100% 

265 

300

142

VII 

OF WHICH BROADER APPROACH AND OTHER TECHNOLOGY 

a 

b 

c 

d 

e 

f 

g 

  2007 - 2016 

97 

IFMIF EVEDA (2007 - 2012) 

161  NCT (JT-60 Tokamak) 

81 

IFERC Fusion Centre Rokkasho 

339  Total BA EUR Constant 2005 Value 

382  Total BA Current 10 year value 

PM 

PM 

PM 

PM 

PM 

PM 

PM 

PM 

PM 

PM 

PM 

PM 

PM 

PM 

PM 

60  Other Technology Constant value 

70  Other Technology Current value 

100% 

100% 

60 

70

27

EN 

39 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
TOTAL 
COSTS 

  EUR Mio 

VIII 

OF WHICH FOR IFMIF CONSTRUCTION 

  2014 - 2016 (three years) 

%Com-
munity 
contr * 

ITER 
HOST/ 
member 
contr 

Com-
munity 
contr * 

FP7/SP7 
‘07–‘11  

a 

b 

X 

a 

b 

316  Constant 2005 Value 

40%

10%

126 

386  Current values  

40%

10%

154

0

TECHNOLOGY 2017 - 2041 

IFMIF CONSTRUCTION 

  2017 - 2019 (three years) 

492  Constant 2005 Value 

40%

10%

197 

636  Current values  

40%

10%

254

0

XI 

IFMIF OPERATIONS AND DECOMMISSIONING 

  2019 - 2041 

a 

b 

1433  Constant 2005 Value 

40%

10%

573 

2346  Current values  

40%

10%

945

0

* Community Contribution of the Euratom Research Budget. 

Figures  mentioned  are  indicative  and  subject  to  approval  of  the  Euratom  FP7  and  SP7  budgets  as  well  as 
subsequent Framework Programmes and Specific Programmes budgets. 

5.1.3.  Administration costs of the Joint Undertaking 

The  estimated  Joint  Undertaking’s  administration  expenses  consist  of  EUR  324 
million  for  the  period  2007  –  2016.  A  total  of  EUR  135  million  is  proposed  to  be 
included in the Euratom FP7 and SP7. These are to be exclusively used and managed 
by the Joint Undertaking. 

EN 

40 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Table 3: Administration needs 2007 – 2016 for ITER and Technology 

XII 

A 

ADMINISTRATION (EUR Mio) 

FP7/SP7  
‘07–‘11 

  10 YEARS CURRENT VALUES 

324 

135 

XII/XIII 

administration  as  %  of  Community 
contribution 

10,3% 

10,5% 

Figures  mentioned  are  indicative  and  subject  to  approval  of  the  Euratom  FP7  and  SP7  budgets  as  well  as 
subsequent Framework Programmes and Specific Programmes budgets. 

5.2. 

Summary of total resources needed  

Table 4: Summary of resources needed 

XIII 

TOTAL  COMMUNITY  CONTRIBUTIONS  FOR  10  YEARS  (2007  –  2016)  (CURRENT 
VALUES) EUR Mio 

Of which 

Ib 

ITER 

Administration  

81% 

IXb 

TECHNOLOGY 

Administration  

Total Administration 

19% 

10,3% 

3.147 

2.299 

264 

524 

60 

324 

COMMUNITY CONTRIBUTIONS FOR YEARS 11 - 35 (2017 – 2041) EUR Mio 

Constant 
2005 value  

Current 
values 

XIV  

TOTAL  

Vb – Ib  

ITER 

Administration  

Xb + XIb  

TECHNOLOGY 

Administration  

Total administration 

2.887 

4.502 

1.684 

2.626 

353 

770 

80 

433 

550 

1.200 

125 

675 

81% 

19% 

15% 

Figures mentioned are indicative and subject to approval of Euratom FP7 and SP7 budgets as well as subsequent 
Framework Programmes and Specific Programmes budgets. 

EN 

41 

   EN 

 
 
 
 
 
 
 
 
 
 
  
 
 
  
 
 
 
  
 
 
 
  
  
  
  
 
 
 
 
 
  
 
 
  
 
 
  
 
 
  
 
 
  
  
  
 
 
 
 
 
 
 
Table 5: Proposals for FP7/SP7 and FP8/SP8 Euratom (2007 – 2011 and 2012 - 2016); and remaining balances for the 
period 2017 – 2041 

All Figures in current values (EUR million) and inclusive of foreseen Administration needs 

Indicative requested budgets in Euratom FP7 and SP7 (2007 – 2011) 

ITER 

YEAR 1 - 5 

(2007 – 2011) 

1.096 

  Technology 

XV 

  Total 

To be requested additionally for 2012 – 2016 

ITER  

  Technology 

XVI 

  Total 

To be requested additionally for 2017 – 2041 

ITER  

  Technology 

XVII 

  Total 

YEAR 6 - 10 

(2012 – 2016) 

YEARS 11 - 37 

(2016 – 2041) 

194 

1.290 

1.467 

390 

1.857 

3.176 

1.325 

4.502 

Figures  mentioned  are  indicative  and  subject  to  approval  of  the  Euratom  FP7  and  SP7  budgets  as  well  as 
subsequent Framework Programmes and Specific Programmes budgets. 

EN 

42 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Summary of commitment appropriations (CA) and payment appropriations (PA) 

Section 
no. 

MEU
R 

Expenditure type 

Operational expenditure53 

Commitment 
Appropriations (CA) 

8.1 

Payment  Appropriations 
(PA) 

a 

b 

2007 

2008 

2009 

2010 

2011 

Total 

2012 - 
2016 

2007-2016 

92,8 

164,8 

279,1 

297,7 

320,6 

1.668,2 

2.823,2 

46,4 

64,4 

134,2 

185,4 

265,6 

1.392,1 

2.088,0 

Administrative expenditure within reference amount54 

Technical 
administrative 
(NDA) 

& 
assistance 

8.2.4 

c 

TTOOTTAALL  RREEFFEERREENNCCEE  AAMMOOUUNNTT  

Commitment 
Appropriations 

Payment Appropriations 

a+c 

b+c 

15,3 

27,5 

28,9 

30,9 

32,6 

188,8 

324,0 

108,1 

192,3 

308,0 

328,6 

353,2 

1.857,1 

3.147,3 

61,7 

91,9 

163,1 

216,3 

298,1 

1.580,9 

2.412,1 

Administrative expenditure not included in reference amount55 

Not Applicable / only RESEARCH EURATOM RESOURCES    

Total indicative financial cost of intervention    

Commitment 
Appropriations 

108,1 

192,3 

308,0 

328,6 

353,2 

1.857,1 

3.147,3 

Payment Appropriations 

61,7 

91,9 

163,1 

216,3 

298,1 

1.580,9 

2.412,1 

Figures  mentioned  are  indicative  and  subject  to  approval  of  the  Euratom  FP7  and  SP7  budgets  as  well  as 
subsequent Framework Programme and Specific Programme budgets. 

5.2.1.  Compatibility with Financial Programming 

⌧  Proposal  is  compatible  with  existing  financial  programming.  Subject  to  final 

approval of the Euratom FP7 and SP7 budgets. 

(cid:133) 

(cid:133) 

Proposal  will  entail  reprogramming  of  the  relevant  heading  in  the  financial 
perspective. 

Proposal  may  require  application  of  the  provisions  of  the  Interinstitutional 
Agreement56 (i.e. flexibility instrument or revision of the financial perspective). 

53 
54 
55 

Expenditure that does not fall under Chapter xx 01 of the Title xx concerned. 
Expenditure within article xx 01 04 of Title xx. 
Expenditure within chapter xx 01 other than articles xx 01 04 or xx 01 05. 

EN 

43 

   EN 

 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
    
    
    
    
    
    
    
  
  
  
 
  
 
                                                 
The Proposed Financial Programming will be financed by the Research Framework 
Programmes, for which proposals have been included in the Commission’s Financial 
Perspectives  2007  –  201357.  The  duration  of  the  proposed  action  necessitates 
financial resources from the subsequent Framework Programmes. 

5.2.2.  Financial impact on Revenue 

⌧ 

Proposal has no financial implications on revenue 

(cid:133) 

Proposal has financial impact – the effect on revenue is as follows: 

5.3. 

Human Resources FTE (including officials, temporary and external staff) – see 
detail under point 8.2.1. 

2007 

2008  2009 

2010 

2011 

2012 - 
2016 

175 

205 

216 

228 

238 

238* 

Annual requirements 

Total 
number 
human resources 

of 

* Average per year 

6. 

CHARACTERISTICS AND OBJECTIVES 

6.1. 

Needs to be met in the short or long term 

The Council recognised in its decision of 29 October 2002 that "once a decision is 
taken  to  go  ahead  with  the  (ITER)  project,  […]  organisational  changes  will  be 
required, in particular to steer jointly the European contribution to ITER".58 For the 
effective discharge of Euratom’s international obligations to the ITER Organisation, 
a Joint Undertaking shall be established for a duration of 35 years. 

6.2. 

Value-added  of  Community  involvement  and  coherence  of  the  proposal  with 
other financial instruments and possible synergy 

Given  the  scale  and  breadth  of  the  international  commitments  that  Euratom  must 
fulfil, in particular the need to procure cutting edge components and directly support 
associated R&D, it is necessary to create an entity with its own legal personality that 
can operate flexibly and respond rapidly in an industry-like environment. 

56 
57 
58 

See points 19 and 24 of the Interinstitutional agreement. 
COM (2004) 101 
OJ L 294, 29.10.2002, p.74 

EN 

44 

   EN 

 
 
 
 
 
 
 
 
 
 
 
                                                                                                                                                         
6.3. 

Objectives, expected results and related indicators of the proposal in the context 
of the ABM framework 

Fusion Energy Research: Developing the knowledge base for, and realising ITER 
as the major step towards, the creation of prototype reactors for power stations which 
are  safe,  sustainable,  environmentally  responsible,  and  economically  viable. 
Quantitative and qualitative indicators will be developed to show the progress on the 
European procurements of components for ITER-Construction and afterwards. 

6.4.  Method of Implementation (indicative) 

Show below the method(s)59 chosen for the implementation of the action. 

⌧ Centralised Management 

⌧  Directly by the Commission:  

(cid:133) 

Indirectly by delegation to: 

(cid:133) 

Executive Agencies 

(cid:133)  National public-sector bodies/bodies with public-service mission  

(cid:133) 

Shared or decentralised management 

(cid:133)  with Member states 

(cid:133)  with Third countries 

(cid:133) 

Joint management with international organisations (please specify) 

The  Commission  proposed  to  establish  a  legal  entity  in  the  form  of  a  Joint 
Undertaking  under  Articles  45-51  of  the  Euratom  Treaty  in  its  proposals  for  the 
Euratom FP7 and SP7. Member States will be Members of the Joint Undertaking and 
represented in its Governing Board and provide resources for its activities. The Joint 
Undertaking, of which Euratom is a Member and represented by the Commission in 
the Governing Board with a veto-right, will manage the execution of its work plan. 

7. 

MONITORING AND EVALUATION 

7.1.  Monitoring system 

Internal Control Standards will be set up by the Joint Undertaking in accordance with 
the principles applied by the European Commission. An Internal Audit Unit will be 
established that reports to the Director. The presence of Euratom with a veto-right in 
the Governing Board of the Joint Undertaking will ensure that the proper monitoring 
principles can and will be followed and that action can be taken if needed. 

59 

If  more  than  one  method  is  indicated  please  provide  additional  details  in  the  "Relevant  comments" 
section of this point 

EN 

45 

   EN 

 
                                                 
Monitoring  of  implementation  management  would  also  be  ensured  by  operational 
senior management within the Commission on a continuous basis with annual check 
points  and  using  a  common  set  of  management  performance  indicators.  Adequate 
resource would be given to this process. The annual results of this exercise will be 
used  to  inform  senior  management  and  as  an  input  to  the  multi-annual  assessment 
exercise. 

7.2. 

Evaluation 

7.2.1.  Ex-ante Evaluation 

In  line  with  the  Commission’s  requirements,  an  ex-ante  evaluation  of  the  Seventh 
Framework Programme, under which the Joint Undertaking will be established, has 
been carried out60. In addition, the Commission has conducted an extensive enquiry 
involving all the stakeholders, in particular, the CCE-FU61.  

7.2.2.  Measures  taken  following  an  intermediate/ex-post  evaluation  (lessons  learned  from 

similar experiences in the past) 

In  preparing  the  current  proposals,  the  Commission  has  taken  into  account  the 
experience  gained  in  setting  up  and  winding  down  the  Joint  European  Torus  (JET) 
Joint Undertaking which was established under the Euratom Treaty and is arguably 
the most successful fusion experiment in the world. 

7.2.3.  Terms and frequency of future evaluation 

The  Annual  Activity  Report  shall  record  the  implementation  of  the  Work 
Programmes  by  the  Joint  Undertaking  and  evaluate  the  results  with  respect  to  the 
objectives  and  the  timetable  set,  the  risks  associated  with  the  activities  carried  out, 
the use of resources and the general operation of the Joint Undertaking.  

Towards the end of the ITER construction phase (8-10 years time), an evaluation of 
the  progress  made  by  the  Joint  Undertaking  towards  its  objectives  shall  be  carried 
out. Evaluation methods may include: expert panels; sampled analyses, case studies 
and surveys; longitudinal studies; cost-benefit analysis or follow-on macroeconomic 
impact analysis. 

8. 

ANTI-FRAUD MEASURES  

Appropriate  measures  shall  be  taken  to  prevent  irregularities  and  fraud  and  the 
necessary steps shall be taken to recover funds lost, wrongly paid or incorrectly used 
in  accordance  with  Regulations  (EC,  Euratom)  No  2988/95;  No  2185/96;  and 
Regulation (EC) No 1073/1999. 

60 
61 

SEC(2005) 430 
Consultative  Committee  for  the  Euratom  Specific  Research  and  Training  Programme  in  the  Field  of 
Nuclear Energy (Fusion) (CCE-FU) 

EN 

46 

   EN 

 
                                                 
9. 

DETAILS OF RESOURCES 

9.1. 

Objectives of the proposal in terms of their financial cost 

2007 

2008 

2009 

2010 

2011 

2012-2016 

TOTAL 
2007-2016 

Commitment appropriations in EUR million (to 3 decimal places) 

No. 
outputs 

Total cost  No. 

Total cost  No. 

Total cost  No. 

Total cost  No. 

Total cost  No. 

Total cost  No. 

Total cost 

outputs 

outputs 

outputs 

outputs 

outputs 

outputs 

73,235 

152,667 

268,075 

289,620 

311,946 

1.466,758 

2.562,301 

34,865 

39,633 

39,925 

38,980 

41,254 

390,304 

584,961 

(Headings  of  Objectives, 
actions  and  outputs  should 
be provided) 

OPERATIONAL 
OBJECTIVE  No.1  ITER 
Construction 

Action 1………………. 

- Output 1 

- Output 2 

Action 2………………. 

- Output 1 

Sub-total Objective 1 

OPERATIONAL 
OBJECTIVE 
Technology 

No.2 

Action 1………………. 

- Output 1 

Sub-total Objective 2 

EN 

47 

EN 

 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
2007 

2008 

2009 

2010 

2011 

2012-2016 

TOTAL 
2007-2016 

No. 
outputs 

Total cost  No. 

Total cost  No. 

Total cost  No. 

Total cost  No. 

Total cost  No. 

Total cost  No. 

Total cost 

outputs 

outputs 

outputs 

outputs 

outputs 

outputs 

(Headings  of  Objectives, 
actions  and  outputs  should 
be provided) 

OPERATIONAL 
OBJECTIVE No.n 1 

Sub-total Objective n 

TOTAL COST 

108,100 

192,300 

308,000 

328,600 

353,200 

1.857,062 

3.147,262 

2007 – 2011 figures: as requested for Euratom FP7 and SP7 

2012 – 2016 indicative figures for the remainder of the ten year period, following tables 1 and 2. 

Figures mentioned are indicative and subject to approval of the FP7 and SP7 budgets as well as subsequent Framework Programme and Specific Programme budgets. 

EN 

48 

EN 

 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
9.2. 

Administrative Expenditure 

9.2.1.  Number and type of human resources 

Types of 
post 

Staff to be assigned to management of the action using existing and/or additional 
resources (number of posts/FTEs) 

2007 

2008 

2009 

2010 

2011 

2012 – 
2016* 

60 

70 

75 

85 

85 

Staff financed by art. 
XX 01 05 

30 

Contract Agents  

Other 
staff62 
financed 
art. 
by 
XX 
01 
04/05 

TOTAL 

AD 

105 

105 

106 

113 

113 

113 

Of which 
temp 
posts 

AST 

Of which 
temp 
posts 

54 

40 

31 

175 

54 

40 

31 

205 

56 

40 

31 

216 

62 

40 

31 

228 

62 

40 

31 

238 

62 

40 

31 

238 

* Average yearly staffing for the five year period. 

9.2.2. 

Sources of human resources (statutory) 

The establishment plan of the Joint Undertaking shall be drawn up in agreement with 
the Commission and in accordance with Article 46(3)(b) of the Financial Regulation 
applicable to the general budget of the European Communities. 

(cid:133) 

Posts currently allocated to the management of the programme to be replaced 
or extended: 

⌧  Posts  pre-allocated  within  the  APS/PDB  exercise  for  year  2007:  85  new 

temporary posts have been requested for FP7. 

(cid:133) 

Posts to be requested in the next APS/PDB procedure. 

⌧  Posts  to  be  redeployed  using  existing  resources  within  the  managing  service 

(internal redeployment). 60 permanent posts to be redeployed. 

62 

Cost of which is included within the reference amount 

EN 

49 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
(cid:133) 

Posts required for year n although not foreseen in the APS/PDB exercise of the 
year in question. 

Calculation 

Based on 114K Euro each (officials / temp agents; FP7 proposals at 2007 value),to be increased by 5% annually 
for inflation and promotions.  

Contract Agents are taken at 74K Euro each (FP7 proposals at 2007 values) and follow the same conditions as 
above. 

Staff foreseen in Japan as part of the Broader Approach are taken at 212K each. 

EN 

50 

   EN