2006/943/Euratom: Commission Decision of 17 November 2006 on Provisional Application of the Agreement on the Establishment of the ITER International Fusion Energy Organization for the Joint Implementation of the ITER Project and of the Agreement on Privileges and Immunities of the ITER International Fusion Energy Organization for the Joint Implementation of the ITER Project (notified under document number C(2006) 5557
Date: 2006-11-17
Institutions: European Commission
Subjects: competence of the institution, international agreement, international organisation, nuclear fusion, nuclear research, operation of the Institutions

L 358/60

EN

Official Journal of the European Union

16.12.2006

COMMISSION

COMMISSION DECISION

of 17 November 2006

on Provisional Application of the Agreement on the Establishment of the ITER International Fusion
Energy Organization for the Joint Implementation of the ITER Project and of the Agreement on
Privileges and Immunities of the ITER International Fusion Energy Organization for the Joint
Implementation of the ITER Project

(notified under document number C(2006) 5557)

(2006/943/Euratom)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Atomic
Energy Community, and, in particular, Articles 101, 124 and
192 thereof,

Whereas:

(1)

(2)

(3)

(4)

in its Decision of 25 September 2006,
The Council,
approved the conclusion by the Commission of
the
Agreement on the Establishment of the ITER Interna-
tional Fusion Energy Organization for the Joint Imple-
mentation of the ITER Project (‘the ITER Agreement’), of
the
the Arrangement on Provisional Application of
Agreement on the Establishment of the ITER Interna-
tional Fusion Energy Organization for the Joint Imple-
(‘the Arrangement on
mentation of
Provisional Application’) and of the Agreement on the
the ITER International
Privileges and Immunities of
Fusion Energy Organization for the Joint Implementation
of the ITER Project.

the ITER Project

the Signatories of

Article 3 of the Arrangement on Provisional Application
expresses the desire of
the ITER
Agreement (‘the Signatories’) to pursue co-operation as
provided for
to the fullest
in the ITER Agreement
possible extent, pending completion by each of them
of all domestic actions required prior to ratification,
acceptance or approval of the ITER Agreement.

Article 4 of the Arrangement on Provisional Application
expresses the undertaking of the Signatories, to the fullest
extent possible consistent with their domestic laws and
regulations, to abide by the terms of the ITER Agreement
until it enters into force.

Article 1 of the ITER Agreement provides that the Head-
quarters of the ITER International Fusion Energy Organi-
zation for the Joint Implementation of the ITER Project

(5)

(6)

(7)

(8)

(‘the ITER Organization’) shall be at St Paul-lez-Durance,
Bouches-du-Rhône, France.

As the ITER Host Party, Euratom has special responsi-
bilities for ensuring the timely implementation of the
ITER Project.

Agreements concluded by the Community are binding
on the institutions of the Community and on Member
States.

In accordance with Article 192 of the Treaty, Member
States shall facilitate the achievement of the Community's
tasks.

The power to conclude international agreements is vested
in the Commission under Article 101 of
the Treaty,
whereas it is also for the Commission to ensure the
provisional application of such agreements in accordance
with the approval given by Council,

HAS ADOPTED THIS DECISION:

Sole Article

The ITER Organization in its provisional capacity shall in the
Community:

(a) enjoy the legal capacity it requires to (i) conclude contracts,
in particular for hiring of staff, (ii) acquire, hold and dispose
of property,
institute legal
(iii) obtain licenses and (iv)
proceedings to the extent required to carry out necessary
actions for a timely implementation of the ITER Project in
anticipation of the formal establishment of the ITER Orga-
nization; noting that all rights and obligations assumed by
the ITER Organization in a provisional capacity shall persist
as those of the ITER Organization in accordance with the
terms of
the ITER Agreement upon the formal estab-
lishment of the ITER Organization;

16.12.2006

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Official Journal of the European Union

L 358/61

(b) enjoy,

provided

in the territories of
immunities
and

together with its staff and representatives of
the Member States,
under
for

the
the
Signatories,
privileges
the
Agreement on the Privileges and Immunities of the ITER
the Joint
International Fusion Energy Organization for
Implementation of
in particular with
the ITER Project,
regard to taxation, immigration and registration, in antici-
pation of the formal establishment of the ITER Organi-
zation;

licensing, nuclear substances, environmental protection and
protection from acts of malevolence.

This Decision is addressed to the Member States.

Done at Brussels, 17 November 2006.

(c) abide by the provisions of the ITER Agreement; and in
particular to observe the applicable national laws and regu-
lations of the Host State in the fields of public and occupa-
tional health and safety, nuclear safety, radiation protection,

For the Commission
Janez POTOČNIK
Member of the Commission