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C0M(94) 343 f i n a l
Brussels, 07.09.1994

Draft

COUNCIL DECISION

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

cooperation between the European Atomic Energy Community and the Government of Canada

in the field of controlled nuclear fusion.

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**EXPLANATORY MEMORANDUM**

**1.** **Directives for the Commission to conduct negotiations on a Memorandum of**
**Understanding (the "MoU") for cooperation between the European Atomic Energy**
**Community ("Euratom") and the Government of Canada (the "Parties") in the field of**
**controlled nuclear fusion were adopted by the Council on 7 November** **1991.** **The**
**negotiations resulted in the draft MoU which is annexed to the enclosed proposal for**
**a Council Decision concerning the conclusion by the Commission of the MoU.**
**The Commission considers that the text of the draft MoU is fully in line with the**
**negotiation directives.**

**2.** **The performance of the Parties under the MoU will be subject to the availability of**
**appropriated funds.**
**The cooperative activities that will be carried out under the MoU will be technically and**
**financially compatible with the objectives and the budgetary envelope foreseen for**
**controlled thermonuclear fusion in the framework programme of Community activities**
**in the field of research and training for the European Atomic Energy Community** **(1994-**
**1998)** **and in the corresponding proposal for a Council Decision adopting a specific**
**programme of research and training (1994-1998) in the field of controlled**
**thermonuclear fusion and therefore will not have financial consequences for the**
**Community budget.**

**3. The Consultative Committee for the Fusion Programme (CCFP) has been fully informed**
**of the result of the negotiation of the MoU and encouraged at its 53rd meeting in**
**March** **1992** **the possible involvement of Canada** **in** **the Euratom contribution to the ITER**
**EDA according to the approach described under point 4. below.**

**4. According to the draft MoU, the cooperation activities may include the involvement in**
**either Party's contributions to projects involving third Parties** **such** **as ITER (International**
**Thermonuclear Experimental Reactor) subject to the consent, if required, of such third**
**Parties. Indeed, the main intended collaboration under the MoU is the involvement of**

**-**
**Canada in the Euratom contribution to the quadripartite ITER EDA (Engineering Design**
**Activities) pursuant to Article 19 the ITER EDA Agreement** **[1]** **(the "EDA Agreement").**
**Indeed,** **Canada, which possesses relevant specific capabilities especially in the fields**
**of Tritium Technology and Remote Handling and can contribute specific research results**
**and specialized manpower to the effort for** **ITER,** **has already been involved** **[2]** **in the**
**Euratom contribution to the quadripartite** **ITER** **CDA (Conceptual Design Activities)** **[3]** **.**
**The involvement of Canada in the ITER EDA is anticipated to be governed by an**
**Implementing Agreement between Euratom, represented by the Commission, and**
**Atomic Energy of Canada Limited** **(AECL)** **which administrates the Canadian National**
**Fusion Programme, designated as implementing agent by the Government of Canada**
**(the** **"IA").** **Such an IA is anticipated to be negotiated and concluded by the**
**Commission pursuant to the third paragraph of Article** **101** **of the Treaty establishing**
**the** **EAEC.**

**The conditions of Canada's involvement as elaborated** **on** **the basis of bilateral technical**
**explorations were approved by the** **ITER** **Council at its meetings of 21-22 April** **1993**
**and 27-28 January** **1994.**

**The following text has been elaborated for the draft** **IA:**

**"** **1.** **Euratom will involve Canada, through AECL, in its contribution to the EDA.**

**2.** **The Government of Canada, through AECL, has noted, and will comply with the terms of the EDA**
**Agreement, its Annexes, Protocol 2, and the Negotiators' Shared Views** **[4]** **(together with their**
**attachments) accompanying Protocol 2.**

**3.** **The modalities for AECL's involvement in the process by which tasks are assigned by ITER to the**
**Euratom Party will be agreed between the Director of the Canadian National Fusion Program, or**
**a person designated by him, and the Director of the Euratom Fusion Programme, or a person**
**designated by him. Subject to paragraph 2 above, the arrangements for such activities will be**
**consistent with the provisions of the MoU.**

**4.** **AECL's involvement** **in** **the Euratom contribution to the resources that the** **four** **Parties have agreed**
**to make available on an equal basis for the implementation of the EDA Agreement will consist of**
**up to about $ CAN 4 millions a year in terms of** **ITER** **tasks (design and technology R&D) and of**
**up to about five professionals as part of the Euratom contingent to the Joint Central Team.**
**Canada's involvement will be at no cost to Euratom and will be subject to the availability of**
**appropriated funds.**

```
     OJ n°L 244, 26.8.1992,, p. 14

     OJ n°L 291, 25.10.1988, p. 75

```

**`OJ n°L 102, 24.4.1988, p. 31`** _**f**_

```
    4
   OJ n° L 114, 5.5.1994, p. 26.

```

**5.** **Without prejudice to the full applicability of Annex C to the EDA Agreement in respect of the**
**allocation of rights, title and interests in and to intellectual property created without the**
**participation of Canada through AECL or its personnel the following provisions shall apply.**

**5.1** **If** **intellectual property is created by AECL or its personnel in Canada in the execution of a**
**...- -task** **assigned to the** **Home-Team** **of Euratom, Canada through AECL or** **Its** **personnel shall**
**be entitled to acquire all right, title and interest in all countries in and to such intellectual**
**property according to applicable laws** **and** **regulations, and subject to Euratom being granted**
**licences with the right to sub-licence, on fair and reasonable terms for all purposes other**
**than** **for** **research and development in controlled thermonuclear** **fusion as** **a source of energy**
**for** **peaceful** **purposes. In that case, Canada through AECL shall ensure that the personnel**
**of the Joint Central Team can** **freely** **use the protected subject matters** **for** **the execution**
**of the tasks assigned to the Joint Central Team, and that all Parties including Euratom are**
**granted an irrevocable,** **non-exclusive,** **royalty-free licence, with the right to** **sub-licence** **for**
**research and development in controlled thermonuclear fusion as a source of energy for**
**peaceful purposes.**

**5.2** **If intellectual property is created by AECL or its personnel, working in the Home Team of**
**Euratom,** **in the execution of a task assigned to that Home Team, Canada through AECL or**
**its personnel shall be entitled to acquire all right, title and interest in Canada. Likewise**
**Euratom or its personnel shall be entitled to acquire all right, title and interest in and to any**
**such intellectual property in its own territory, and in all third countries other than Canada.**
**Euratom and Canada through AECL shall ensure that the personnel of the Joint Central**
**Team can freely use the protected subject matter for the execution of the tasks assigned**
**to the Joint Central Team, and that all Parties including Euratom are granted an irrevocable,**
**non-exclusive,** **royalty-free licence, with the right to sub-licence for research and**
**development in controlled thermonuclear fusion as a source of energy for peaceful**

**purposes.**

**5.3** **If intellectual property is created by AECL or its personnel, which is seconded by Euratom**
**to the Joint Central Team,** **the ITER** **Director shall promptly inform the** **ITER** **Council with a**
**recommendation** **on** **the countries where intellectual property protection should be obtained.**
**Each Party or its personnel and Canada through AECL and its personnel, shall, however, be**
**entitled to acquire all right, title** **and** **interest** **in and** **to intellectual property** **in** **their respective**
**territories. The ITER Council shall decide whether and how to seek such protection in third**
**countries other than Canada. Each Party and Canada though AECL shall ensure that the**
**personnel of the Joint Central Team can freely use the protected subject matter for the**
**execution of the tasks assigned to the Joint Central Team, and that all Parties including**
**Euratom are granted an irrevocable,** **non-exclusive,** **royalty-free** **licence, with the right to**
**sub-licence** **for** **research and development in controlled thermonuclear** **fusion** **as a source of**
**energy for peaceful purposes.**

**5.4** **If** **intellectual property is created by AECL or its personnel, which is seconded by Euratom**
**to the Home Team of another Party (the receiving Party), subject to the relevant applicable**
**laws:**

**(i)** **the receiving Party or its personnel shall be entitled to acquire all right, title, and**
**interest in and to any such intellectual property in all countries except Euratom**
**and Canada, subject to a** **non-exclusive,** **irrevocable, royalty-free licence,** **with** **the**
**right to sub-licence, to the other Parties for research and development on**
**controlled thermonuclear fusion as a source of energy for peaceful purposes;**

**(ii)** **Euratom or its personnel shall be entitled to acquire all right, title and interest in**
**and to any such intellectual property in its own territory, subject to a** **non-**
**exclusive, irrevocable, royalty-free licence, with the right to sub-licence, to the**
**other Parties for research and development on controlled thermonuclear fusion**
**as a source of energy for peaceful purposes;**

##### **J**

**(iii)** **Canada through AECL or its personnel shall be entitled to acquire all right, title**
**and** **interest** **in and to any such intellectual property in Canada, subject to a** **non-**
**exclusive, irrevocable, royalty-free licence, with the right to sub-licence, to the**
**other Parties for research and development on controlled thermonuclear fusion**
**as a source of energy for peaceful purposes.**

**5.5** **If intellectual property is created by personnel of one Party (the sending Party) which is**
**seconded to Canada, subject to the relevant applicable laws:**

**(i)** **Canada through AECL or its personnel shall be entitled to acquire all right, title**
**and interest in and to any such intellectual property in all countries except the**
**sending Party and Euratom, subject to a non-exclusive, irrevocable,** **royalty-free**
**licence, with the** **right** **to sub-licence, to each Party** **for** **research and development**
**on controlled thermonuclear fusion as a source of energy for peaceful purposes;**

**(ii)** **the sending Party or its personnel shall be entitled to acquire all right, title and**
**interest in and to any such intellectual property in its own territory, subject to a**
**non-exclusive,** **irrevocable, royalty-free licence, with the right to sub-licence, to**
**the other Parties for research and development on controlled thermonuclear**
**fusion as a source of energy for peaceful purposes;**

**(iii)** **Euratom or its personnel shall be entitled to acquire all right, title and interest in**
**and to any such intellectual property in its own territory, subject to a** **non-**
**exclusive, irrevocable, royalty-free licence, with the right to sub-licence, to the**
**other Parties for research and development on controlled thermonuclear fusion**
**as a source of energy for peaceful purposes."**

**5. The MoU will have to be concluded by the Commission in conformity with Article** **101,**
**second paragraph, of the Treaty establishing the** **EAEC.**

**6. The Commission proposes that the Council adopt, in application of Article** **101,** **second**
**paragraph, of the Treaty establishing the EAEC, the Council Decision attached hereto**
**concerning the conclusion, by the Commission, of the Memorandum of Understanding**
**for cooperation between the European Atomic Energy Community and the Government**
**of Canada in the field of controlled nuclear fusion.**

*****

Draft

**COUNCIL DECISION**

**of**

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

**cooperation between the European Atomic Energy Community and the Government of Canada**

**in the field of controlled nuclear fusion.**

**THE COUNCIL OF THE EUROPEAN** **UNION,**

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

**particular the second paragraph of Article** **101** **thereof,**

**Having regard to the Framework Agreement** **for** **commercial and economic co-operation between**

**the European Communities and Canada of 6 July** **1976** **[1]** **,** **and in particular Article** **111(2)** **thereof,**

**which provides for technological and scientific exchanges,**

**Having regard to the draft Decision submitted by the Commission,**

**Whereas the Commission has, in accordance with the Council Directives of 7 November** **1991,**

**conducted negotiations on a Memorandum of Understanding for cooperation between the**

**European Atomic Energy Community and the Government of Canada in the field of controlled**

**nuclear fusion,**

**Whereas the conclusion, by the Commission, of the Memorandum of Understanding should be**

**approved;**

**HAS DECIDED AS FOLLOWS:**

**Sole** **Article**

**The conclusion, by the Commission, for and on behalf of the Community, of the Memorandum**

**of Understanding for cooperation between the European Atomic Energy Community and the**

**Government of Canada in the field of controlled nuclear fusion is hereby approved.**

**The text of the Memorandum of Understanding is annexed to this Decision.**

**Done at** **,**

**For the Council**

**The President**

#### **_S_**

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

D R A F T

**MEMORANDUM OF UNDERSTANDING**

**FOR COOPERATION BETWEEN**

**THE EUROPEAN ATOMIC ENERGY COMMUNITY AND**

**THE GOVERNMENT OF CANADA**

**IN THE FIELD OF CONTROLLED NUCLEAR FUSION**

THE EUROPEAN ATOMIC ENERGY COMMUNITY (hereinafter referred to as

"Euratom"), represented by the Commission of the European Communities (hereinafter

referred to as "the Commission"), and THE GOVERNMENT OF CANADA, (collectively

referred to as "the Parties")

HAVING REGARD TO the Framework Agreement for Commercial and Economic

Cooperation between Canada and the European Communities of 6 July 1976 which

provides in Article III.2 for technological and scientific exchanges;

DESIRING to facilitate the achievement of controlled nuclear fusion energy as an

environmentally acceptable, economically competitive, and virtually limitless source

of energy;

### **_6_**

**NOTING that the Euratom Fusion Programme is a broad-based programme embracing**

**all activities undertaken in the Community in the field of controlled nuclear fusion by**

**magnetic confinement** **and is implemented through Contracts of Association between**

**Euratom and Member States, organizations in the Member States, Sweden and**

**Switzerland, by the Joint European Torus (JET) Joint Undertaking, by the Joint**

**Research Center, through a multilateral agreement concerning the Next European**

**Torus (NET) and through contracts with industry; and that the Euratom Fusion**

**Programme presents itself as a single body in its reJations with other fusion**

**programmes in the world;**

**NOTING that the Canadian National Fusion Programme is a focused programme**

**concentrating on the specific strengths of fusion science and technology in Canada**

**and is administered by Atomic Energy of Canada Limited** **and is implemented**

**principally** **through** **two** **provincial** **electrical-utility-based projects - the Centre canadien**

**de fusion magnétique (CCFM), managed by Hydro** **Québec** **and the Canadian Fusion**

**Fuels Technology Project (CFFTP), managed by Ontario Hydro ;**

**NOTING that Euratom and the Government of Canada are Parties to the** **Agreement**

**of Cooperation in the** **Peaceful** **Uses of Atomic Energy of 6 October** **1959,** **as**

**amended, and that the Amendment in the form of an exchange of letters dated**

**15** **July** **1991** **governs transfers of tritium and tritium-related equipment from Canada**

**to Euratom for the purposes of the letter's fusion programme;.**

**RECOGNIZING that the Parties' fusion programmes are complementary and that**

**mutual benefits have been derived from cooperation between the Parties in the field**

**of fusion energy research and development under the Memorandum of Understanding**

**between the European Atomic Energy Community and the Government of Canada**

**concerning Cooperation in the Field of Fusion Research and Development, dated**

**6 March 1986;**

**DESIRING TO continue and strengthen such cooperation in the future;**

**HAVE REACHED THE FOLLOWING UNDERSTANDING :**

**ARTICLE** **I**

**The** **objective** **of this Understanding is to maintain and strengthen cooperation**

**between the Parties, on the basis of mutual benefit and reciprocity, in the areas**

**covered by their fusion programmes in order to develop the scientific understanding**

**and technological capability underlying a fusion power system.**

**ARTICLE II**

**Cooperation under this Understanding may be entered upon in:**

**a) Tokamaks;**

**b) plasma physics;**

**c) fusion technology;**

**d) fusion fuels;**

**e) alternative lines to Tokamaks; and**

**f) other areas as mutually decided in writing.**

**ARTICLE III**

Cooperation pursuant to this Understanding may include the following activities:

a) exchange and provision of information and data;

b) involvement in either Party's contributions to the fusion programmes or

projects involving third parties such as ITER (International Thermonuclear

Experimental Reactor), subject to the consent, if required, of such third

parties;

c) participation in studies, experiments or projects performed by either

Party, and in meetings;

d) exchange and provision of scientists, engineers and other specialists;

e) exchange and provision of equipment, instruments, materials,fuels, and

spare parts;

f) transfers of tritium and tritium-related equipment pursuant to the above

quoted Amendment of 15 July 1991 to the Agreement between the

Parties on Cooperation in the Peaceful Uses of Atomic Energy of

6 October 1959;

g) execution of joint studies, experiments or projects; arid

h) such other activities as mutually decided in writing.

**ARTICLE IV**

1. On the Euratom side, this Understanding will be implemented by the

Commission or any entity or organization associated with Euratom within the

framework of the Euratom Fusion Programme or the Joint European Torus (JET)

Joint Undertaking. Such entities or organizations will be designated by Euratom.

Euratom will inform the Government of Canada in writing of entities **and**

organizations so designated.

_**3**_

2. On the Canadian side, this Understanding will be implemented by the entity

designated by the Government of Canada. The Government of Canada will

inform Euratom in writing of its designation. The entity so designated by the

Government of Canada will designate in writing other entities and organizations

to participate in the implementation of this Understanding.

**ARTICLE V**

1. Specific details and procedures to implement activities underthis Understanding

will, when necessary, be established, on a case by case basis, in specific

implementing agreements.

2. Specific implementing agreements should, as appropriate, includeprovisionsthat

deal with:

a) the treatment of information, industrial property and copyright;

b) terms and conditions for the exchange of staff;

c) terms and conditions for the exchange or provision of equipment,

instruments, materials, fuels and spare parts;

d) the allocation of costs; and

e) applicable law.

3. Each Party will require the entities and organizations designated pursuant to

Article IV, to include, where applicable,

a) the provisions described in Annex I for the treatment of information,

industrial property and copyright, and

to reflect, where applicable,

_**AO**_

b) the principles described in Annex II for the exchange of staff, the

exchange and provision of equipment, instruments and spare parts,

transfers of tritium and tritium-related equipment and the allocation of

costs and industrial property rights arising from activities other than the

exchange of personnel or information, in implementing agreements

concluded pursuant to this Understanding.

4. Annexes I and II form an integral part of this Understanding.

**ARTICLE VI**

1. The Parties will establish a Coordinating Committee to coordinate and supervise

the implementation of activities under this Understanding. The Committee will

consist of up to eight members, half of whom will be appointed by each Party.

Each Party will nominate one of its appointed members as the head of its

delegation.

2. The Coordinating Committee will meet alternately in Europe and Canada, but

for any given meeting, the Parties may decide to meet at another location. The

head of delegation of the host Party will chair the current meeting and convene

the next meeting of the Committee to take place within a two-year period on

a date satisfactory to both Parties.

3. The Coordinating Committee will

a) review and monitor the plans and progress of activities under this

Understanding;

b) exchange information and views on scientific and technical policy issues;

c) propose, coordinate and approve future activities that are within the

scope of this Understanding having regard to technical merit and level of

effort to ensure overall mutual benefit and reciprocity;

_**AA**_

d) identify areas of cooperation and activities to be pursued under

Article II f), and Article III h);

e) ensure that the effect on the environment of activities under this

Understanding is assessed;

f) execute such other duties as jointly decided.

4. All decisions of the Coordinating Committee will be taken by consensus.

**ARTICLE VII**

The Parties will support the widest possible dissemination of information that is

exchanged or provided under this Understanding

i) on the condition that they have the right to disclose it and that it is

either in their possession or available to them, and

ii) subject to obligations to protect industrial property and copyright and to

address the issues of inventions and discoveries arising from activities

under this Understanding.

**ARTICLE** **VIII**

Nothing in this Understanding will be construed to prejudice existing or future

arrangements for cooperation between the Parties.

**ARTICLE IX**

**1** . The performance of the Parties underthis Understanding will be subject to the

availability of appropriated funds.

_**AZ**_

**2.** **Cooperation** **under this Understanding will be in accordance with the laws,**

**regulations and policies applicable in Canada and in Euratom and its Member**

**States.**

**3.** **Each Party will use its best efforts, within the framework of the applicable**

**laws,** **regulations** **and** **policies, to facilitate the movement of** **persons,** **the import**

**and export of materials, fuels, and equipment and the transfer of currency**

**which is required for the implementation of this Understanding.**

**4.** **All costs resulting from the implementation of this Understanding will be borne**

**by the Party which incurs them unless otherwise specifically decided by the**

**Parties. Any such decision will be expressed in writing.**

**ARTICLE X**

**1.** **All questions related to this Understanding arising during its duration will be**

**settled by agreement of the Parties.**

**2.** **All disputes related to this Understanding will be settled by consultation**

**between the Parties.**

**ARTICLE XI**

**In the event that, over the duration of this Understanding, the nature of either Party's**

**fusion programme changes substantially, whether by expansion, reduction or**

**transformation, or by an amalgamation of elements, with the fusion programme of a**

**third party, either Party will have the right to request revisions in the scope and terms**

**of the Understanding.**

**V3**

**ARTICLE XII**

1. This Understanding will enter into effect on the date of signature by both

Parties. It will remain in effect for ten years unless terminated at any time at

the discretion of either Party by giving to the other Party at least six months

written advance notice of its intention to terminate this Understanding.

This Understanding may be amended or extended by decision of the Parties

expressed in writing.

2. Any activity entered upon under this Understanding and not completed at the

time of termination of this Understanding may be continued until its completion.

3. The termination of this Understanding will not affect rights that may have

accrued under this Understanding to either Party up to the date of termination

or rights and obligations under the implementing agreements concluded

pursuant to this Understanding.

**ARTICLE XIII**

This Understanding will apply, insofar as Euratom is concerned, to the territories to

which the Treaty establishing the European Atomic Energy Community applies and

to the territories of the countries participating in the Euratom Fusion Programme as

fully associated third States.

Signed, in duplicate in English and French, at

1994.

For the European Atomic Energy For the Government of

Community Canada

**< #**

**ANNEX** **I** (Article **V 3** . **a)** )

Without prejudice to the inclusion of additional terms and conditions and pursuant to

**ARTICLE** V **of** the Memorandum of Understanding for Cooperation between the

European Atomic Energy Community and the Government of Canada in the Field of

Controlled Nuclear Fusion, the Parties will require the inclusion, as appropriate, of the

following provisions in implementing agreements concluded pursuant to this

Understanding.

**A.1** **Proprietary Information**

**A.** **1.1** **Definitions**

"proprietary information" means scientific or technical data, results or

methods of research and development, and any other information intended to

be provided or exchanged under this implementing agreement, such as know

how, information directly related to inventions and discoveries, technical,

commercial or financial information, provided that it is appropriately marked

or considered as such in accordance with subparagraph A. 1.2 b) and:

a) is not generally known or publicly available from other sources;

b) has not previously been made available by the owner to others

without obligation concerning its confidentiality; and

c) is not already in the possession of the receiving party without

obligation concerning its confidentiality.

"document" means a record of information whether in written form or

recorded on disc, tape, read-only memory (ROM) or other medium.

_**A5**_

**A.** **1.2** **Procedures**

a) The party receiving proprietary information under this implementing

agreement shall respect the confidential nature thereof.

b) .- Any document which contains proprietary information shall be clearly

marked by the providing party with the following (or substantially similar)

restrictive provision:

"This document contains proprietary information furnished in confidence

under an implementing agreement concluded pursuant to the

Memorandum of Understanding for Cooperation between the European

Atomic Energy Community and the Government of Canada in the Field

of Controlled Nuclear Fusion (hereinafter referred to as "the MOU")

dated and shall not be disseminated outside the

Commission, the Government of Canada, entities and organizations

designated by Euratom or the Government of Canada pursuant to the

MOU, their contractors, and licensees without the prior written approval

of [the providing party].

This notice shall be marked on any reproduction of this document, in

whole or in part. These limitations shall automatically terminate when

this information is disclosed by the owner without restriction."

c) Proprietary information received in confidence under this implementing

agreement may be disseminated by the receiving party to:

(i) persons within or employed by the receiving party or as the case

may be by Euratom or the Government of Canada, or by entities

or organizations designated by Euratom or the Government of

Canada pursuant to the Memorandum of Understanding for

Cooperation between the European Atomic Energy Community

and the Government of Canada in the Field of Controlled Nuclear

Fusion;

(ii) contractors or subcontractors of the receiving party for use only

within the framework of their contracts with the receiving party

in work relating to the subject matter of the proprietary

information;

_**46**_

**provided that any proprietary information so disseminated shall be**

**marked with a restrictive provision substantially identical to that**

**appearing in subparagraph** **A.** **1.2 b); and provided that the recipient**

**•.. thereof has agreed to respect the** **confidential** **nature of such information**

**and agrees to disclose it no further without the prior approval of the**

**providing party obtained by the receiving** **party,**

**d)** **With the prior written consent of the party providing proprietary**

**information under** **this** **implementing agreement, the receiving party may**

**disseminate such proprietary information more widely than otherwise**

**permitted** **in** **the subparagraph** **A.1.2** **c).** **Both the providing and receiving**

**parties shall cooperate with each other in developing procedures for**

**requesting and obtaining prior written consent for such wider**

**dissemination.**

**A.** **1.3** **If** **one of the parties becomes aware that it will be, or may reasonably be**

**expected to become, unable to meet the restrictions on dissemination in the**

**paragraph** **A.1.2** **, it shall immediately inform the other party . The parties**

**shall thereafter** **consult** **to define an appropriate course of action.**

**A.** **1.4** **The providing party in its relation with the receiving party does not warrant**

**the suitability of any information transmitted for any particular use or**

**application.**

**A.** **1.5** **Each party shall treat proprietary information communicated through**

**seminars, workshops, and other meetings, the assignment of staff, use of**

**facilities or exchange of equipment according to the principles specified into**

**paragraph** **A.1.2** **provided that proprietary information communicated other**

**than in a document shall not be subject to the limitations on disclosure unless**

**the person communicating such information notifies the recipient in writing**

**that the information communicated is proprietary information.**

_**A?**_

**A.2** **Inventions and Discoveries**

**A.2.1** **Definitions**

For the purposes of paragraph A.2.2. "country" shall mean, insofar as

Euratom is concerned, the territories to which the Treaty establishing the

European Atomic Energy Community applies and the territories of the

countries participating in the Euratom Fusion Programme as fully associated

third States.

**A.2.2** With respect to any invention or discovery made or conceived in the

execution of this implementing agreement, the parties shall take all necessary

steps within the framework of the applicable laws and regulations with a view

to realizing the following:

a) Where the invention or discovery is made or conceived by personnel (the

inventor) of one party (the assigning party) or its contractors while

assigned to the other party (the receiving party) or its contractors in

connection with exchanges of scientists, engineers and other specialists:

(i) the receiving party shall acquire all right, title and

interest in and to any such invention or discovery within its

country and in third countries; and

(ii) the assigning party or the inventor shall acquire all right, title and

interest in and to any such invention or discovery within its

country.

b) In cases to which subparagraph A.2.2 a) does not apply and where the

invention or discovery is made or conceived by personnel of one party

or its contractor as a direct-result of employing information which has

been communicated to it under this implementing agreement by the

other party or communicated during seminars or other joint meetings, the

party or its contractor whose personnel make or conceive the invention

or discovery shall acquire all right, title, and interest in and to such

inventions or discoveries in all countries; such right, title and interest are

subject to a grant to the other party of a royalty-free, non-exclusive,

irrevocable licence (including the right of the other

###### **_/It_**

**party to grant sub-licences) in and to any such invention or discovery,**

**and right associated with a patent application related to such invention**

**or discovery and any patent or any other protection relating to such**

**invention or discovery in all** **countries,**

**c)** **The party which owns the invention referred to in subparagraphs**

**A.2.2 a) and b) shall, upon request, license such invention or**

**discovery to the other party on reasonable terms and conditions.**

**A.2.3** **Each party shall, without prejudice to any right of inventor under the**

**applicable laws, take all necessary steps to provide the cooperation of its**

**personnel required to implement the provisions of paragraph A.2.2. With**

**respect** **to any invention or discovery made or conceived in the execution of**

**this implementing agreement, each party shall assume the responsibility to**

**pay awards or compensation required to be paid to its own employees or in**

**accordance with applicable laws.**

**A.3** **Copyrights**

**Copyrights** **held by the parties shall be accorded treatment consistent with**

**the Berne Convention (as revised). As to copyrights on works provided or**

**exchanged pursuant to this implementing agreement, owned or controlled by**

**one party, that party shall grant to the other party a license to reproduce or**

**translate copyrighted material.**

_**A3**_

**ANNEX II** (Article V 3. b) )

**B.** **1** **Exchange of Staff**

With respect to any exchange of scientists, engineers and other specialists

under the Memorandum of Understanding for Cooperation between the

European Atomic Energy Community and the Government of Canada in the

Field of Controlled Nuclear Fusion and without prejudice to the application of

other principles, the following principles should be applied by the parties to

implementing agreements:

a) Each party should ensure that scientists, engineers and other specialists

(hereinafter referred to as "assigned staff") selected for assignment to

the other party are qualified for the functions that they will exercise.

b) The receiving party should arrange for adequate accommodation for the

assigned staff and their families on a basis agreeable to both parties.

c) The receiving party should provide all necessary assistance to the

assigned staff and their families for administrative formalities (travel

arrangements, etc.).

d) Parties should ensure that assigned staff will conform to the general and

special rules of work and safety regulations in force at the host

establishment, or as agreed in a separate assignment arrangement.

B.2 Exchange of Equipment, Instruments, Materials, Fuels and **Spare Parts**

In the event that equipment, instruments, materials, fuels or spare parts (all

of which are hereinafter referred to as "items") are to be exchanged or

provided under an implementing agreement concluded pursuant to the

Memorandum of Understanding for Cooperation between the European

Atomic Energy Community and the Government of Canada in the Field of

Controlled Nuclear Fusion, without prejudice to the application of other

principles, the following provisions should be applied by the parties to the

implementing agreement:

_**Jo**_

**a)** **The sending party should supply, as soon as possible, a detailed list of**

**the items it will provide together with the relevant specifications and**

**technical and informational documentation for them.**

**b)** **Items provided by the sending party should remain its property and**

**should be returned to the sending party upon completion of the activity**

**that is the subject of the implementing agreement, unless otherwise**

**agreed by the parties.**

**c)** **Items should be brought into operation at the host establishment only by**

**common agreement of the parties.**

**d)** **The receiving party should provide the necessary premises for the items**

**and should ensure the availability of electrical power, water, gas or other**

**requirements as decided in common by the parties.**

**e)** **Responsibility for the outbound and return transport of the items from**

**the sending party to their ultimate destination at the installation of the**

**receiving party, and for their safekeeping and insurance en route,**

**together with related expenses, should be undertaken by the sending**

**party, unless otherwise agreed by the parties.**

**f)** **The receiving party should notify customs** **authorities** **that the items**

**provided by the sending party are for carrying out agreed** **activities** **of a**

**scientific character and not of a commercial character.**

**Transfers of tritium and tritium-related equipment will be governed by the**

**Amendment of 15 July 1991 to the Agreement between the Parties on**

**Cooperation in the Peaceful Uses of Atomic Energy of 6 October 1959.**

**B.3** **Allocation of Costs**

**In an implementing agreement concluded pursuant to the Memorandum of**

**Understanding for Cooperation between the European Atomic** **Energy**

**Community and the Government of Canada in the Field of Controlled Nuclear**

**Fusion,** **without prejudice to the application of other principles, the following**

**principle on the allocation of costs should** **be'** **applied by the parties to the**

**implementing agreement:**

_**Si**_

AH costs arising under an implementing agreement should be borne by

the party thereto that incurs them unless otherwise specifically agreed

by the parties. Any such agreement should be expressed in writing.

**B.4** **Industrial Property Rights**

The parties to the implementing agreements covering activities other than

exchange of personnel or information should, prior to commencing such

cooperative activities, decide on an appropriate distribution of industrial

property rights relating to inventions or discoveries resulting from such

activities. In so deciding, they should take into consideration their respective

benefits from, contribution to and rights in relation to the activities.

_**A!**_

**ISSN 0254-1475**

**C0M(94)** **343** **final**

## **DOCUMENTS**

###### **EN il is**

**Catalogue number : CB-CO-94-355-EN-C**

**ISBN 92-77-71958-3**

Office for Official Publications of the European Communities

L-29S5 Luxembourg