CELEX: 21992A0826(02)
Language: en
Date: 1992-04-22 00:00:00
Title: PROTOCOL 1 to the Agreement among the European Atomic Energy Community, the Government of Japan, the Government of the Russian Federation, and the Government of the United States of America on cooperation in the engineering design activities for the International Thermonuclear Experimental Reactor #

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21992A0826(02)

PROTOCOL 1 to the Agreement among the European Atomic Energy Community, the Government of Japan, the Government of the Russian Federation, and the Government of the United States of America on cooperation in the engineering design activities for the International Thermonuclear Experimental Reactor  -   

Official Journal L 244 , 26/08/1992 P. 0024

PROTOCOL Ito the Agreement among the European Atomic Energy Community, the Government of Japan,  the Government of the Russian Federation, and the Government of the United States of America on  cooperation in the engineering design activities for the International Thermonuclear Experimental  Reactor THE EUROPEAN ATOMIC ENERGY COMMUNITY (EURATOM), THE GOVERNMENT OF JAPAN, THE GOVERNMENT OF  THE RUSSIAN FEDERATION, AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA ('THE PARTIES`), HAVING REGARD to the Agreement on Cooperation in the Engineering Design Activities (EDA) for an  International Thermonuclear Experimental Reactor (ITER), concluded among the parties on 21 July  1992 ('the Agreement`), and in particular to Article 3 thereof, HAVE AGREED AS FOLLOWS: SECTION I Special Working Groups In accordance with Article 10 of the Agreement, two Special  Working Groups (SWG) shall be established. SWG 1 shall conduct the review as defined in Section 2. SWG 2 shall submit, not later than three months after entry into force of the Agreement, guidelines  for implementation of task assignments, as defined in Section 3 (1), to the Council for its  approval, and prepare in accordance with Section 4 a draft of Protocol 2. SECTION 2 Review of the Conceptual Design SWG 1 shall, based on the conceptual design report,  review the detailed technical objectives along with technical approaches to determine the best  practicable way to achieve the programmatic objective of ITER, as described in Article 1 (2) of the  Agreement. SWG 1 shall submit, not later than three months after entry into force of the Agreement, its  findings in a review report to the Council for its approval. SECTION 3 Task Assignment 1.  In proceeding toward the assignment of tasks to each of the home  teams in developing the work program, (a)  the Director shall, acting in close interaction with the home team leaders, -  identify the tasks to be performed by the home teams and draw up a list of these tasks, -  draw up a detailed technical description of each task including schedules, deliverables and an  indication of facilities and background information needed for its implementation, and -  send a  list of the tasks together with their technical description to each home team leader; (b)  each party shall, within two months after receipt of the list and technical description, send  to the Director in writing -  an estimate of all resources required for each task on the list, and  -  an expression of interest, in order of priority, in the implementation of certain tasks, and, where such interest is expressed, -  a description of its capability to meet the specifications and schedules as well as the  availability of necessary facilities and know-how, -  an indication of where the work would be performed, and -  an evaluation of the technical risk  and, in case of high technical risk, possible suggestions for parallel efforts; and (c)  on the  basis of this material and of the guiding principles set out in Annex B, 1 (C) to the Agreement and  of the guidelines established by SWG 2, the Director shall propose in the draft work program to be  submitted by the Director to the Council pursuant to Article 11 of the Agreement, the assignment of  the tasks to each of the home teams. SECTION 4 Protocol 2 1.  SWG 2, assisted by the Director and the Joint Central Team, shall draft  Protocol 2 and submit a draft to the Council not later than ten months after entry into force of  the Agreement. 2.  In drafting Protocol 2, the SWG 2 shall consider, among others, the following items: -  new tasks to be initiated, -  duration of Protocol 2, -  consequences of inadequate performance of tasks assigned to a home team, -  possible need for SWGs and their tasks, -  detailed functions and responsibilities of the Council, the Director, and the MAC, with respect  to the implementation of Protocol 2, and -  any necessary changes to items described in Protocol  1. SECTION 5 Design and R&  D Tasks 1.  The Appendix, which shall form an integral part of this  Protocol, contains -  a first set of initial tasks relating to research and development work, the  implementation of which shall commence upon entry into force of this Protocol, and -  the  assignment of each of these tasks to a home team. 2.  In addition to the tasks defined in the Appendix, the Director may, before the approval of the  work programme by the Council, identify further tasks, the assignment of which should not wait for  that approval. In this event, the Director shall draw up a technical description of the task in  conformance with Annex B, 1 (A) to the Agreement and assign it to a home team subject to the prior  approval of the home team leader concerned and the Council. 3.  Upon approval of the work programme by the Council, the Director shall proceed to its  implementation in accordance with the schedules provided therein for the various tasks. 4.  The technical description of a task, the task assignment, and the terms and conditions of its  execution, developed in conformance with Article 11 of the Agreement and paragraphs (1), (2), or  (3) shall form the subject of a task agreement. The task agreement shall be drawn up by the  Director and signed by the Director and the leader of the home team to whom the task has been  assigned. The task agreements shall be concluded forthwith after respectively, -  the entry into force of this Protocol, or -  the approval of the Council, or -  the approval  of the work program by the Council. as according to paragraphs (1), (2) or (3). Each home team leader shall notify the Director, in a timely fashion, of the location where work  described by the task agreement is to be performed. 5.  Each home team leader shall ensure that access for the purpose of interaction, monitoring of  work in progress and evaluation of quality control to the sites and premises where a task assigned  to a home team is being carried out, as well as to the personnel performing and documents  concerning the task, is not unreasonably denied either to the Director or to members of the Joint  Central Team authorized by the Director. The home team leader shall be notified in a timely fashion  of such access by the Director or members of the Joint Central Team authorized by the Director. The  detailed arrangements for this access shall be specified in the task agreement. 6.  The Joint Central Team and the home teams shall, during the term of this Protocol, perform  design work as requested by the Director in accordance with the guidelines established by the  Council. In addition, the Joint Central Team shall assist the SWGs and the Director in the  implementation of the tasks defined in Sections 2, 3, 4 and paragraphs (2) and (4). SECTION 6 Secondment of Joint Central Team Members 1.  For the purpose of this Section and the  subsequent Sections of this Protocol, 'Seconding party` means the party which makes a person available to the Joint Central Team in  accordance with Article 8 (2) of the Agreement, irrespective whether that party is the employer or  not of that person; 'Seconded person` or 'seconded personnel` means one or several persons made available by the  seconding party to the Joint Central Team, except those who will be employed specifically for the  EDA by the IAEA or any other entity. 2.  After the selection of a person in accordance with Article 8 (2) of the Agreement, the employer  of that person shall second such person without any undue delay to the Joint Central Team. In  respect of each seconded person a specific secondment agreement shall be drawn up by the Director  and signed by the Director, the seconded person, and that person's employer. If the employer and  the seconding party are different entities, the seconding party shall endorse the secondment  agreement(s) to indicate it has made the seconded personnel available to the Joint Central Team as  described in Article 8 (2) of the Agreement. The secondment agreement for the director shall be  co-signed by the Chair of the Council. Secondment agreements for Deputy Directors (see Article 8  (2) of the Agreement) shall require the prior approval of the Council, except in the cases where  paragraph (5) applies. Upon signature of the secondment agreement, the Director shall copy it to  the entity operating the joint work site to which the seconded person shall be assigned. The secondment agreement shall state the work and the joint work site to which the seconded person  shall be assigned, that person's reporting responsibility, and that the seconded person and that  person's employer will comply with the provisions of Articles 8 (2) and 15 of the Agreement and of  this paragraph to the extent they concern the secondment, and that the seconded person will comply  with the internal rules regarding safety and security to be observed on the premises of the joint  work site. The duration of a secondment agreement may exceed that of this Protocol. 3.  The secondment agreements should be developed to be as uniform as practicable and to reflect  the guidelines for secondment agreements set forth in the attachment. 4.  If the seconding party is not the employer of the seconded person, it shall use best efforts to  ensure that the employer of the said seconded person complies with the provisions of this section. 5.  If the Director and members of the Joint Central Team are to be employed by the IAEA or any  other entity, the condition of employment shall be subject to the approval of the Council. SECTION 7 Financing In accordance with Article 12 (2) of the Agreement, each party shall bear the  costs it incurs in carrying out the provisions of the Protocol, particularly those relating to (a)   the participation of its members and experts in the work and the meetings of the Council, the TAC,  the MAC, and the SWGs, including the costs for travel and subsistence; (b)  payments to its seconded personnel including salaries, travel, insurance, relocation and  living expenses; (c)  the execution of tasks assigned to its home team in accordance with Section 5; and (d)  the organization of workshops taking place on its territory and the participation in  workshops including travel expenses and subsistence. SECTION 8 Duration This Protocol shall enter into force upon signature of the parties. It shall  terminate upon entry into force of Protocol 2 but not later than twenty months after signature. Done at Washington, on 21 July 1992 in quadruplicate. For the European Atomic Energy Community Andreas VAN AGT For the Government of Japan Hiroshi  HIRABAYASHI For the Government of the Russian Federation Viktor N. MIKHAILOV For the Government  of the United States of America James D. WATKINS    APPENDIX INITIAL R&  D TASKS The parties, recognized the needs to provide early  identification and initiation of critical technology R&  D tasks which -  will determine the EDA  and licensing procedures schedules, and -  will permit timely choices of design options, agree to start immediately preparatory work for construction (or modification) of major test  facilities and development of scalable models and their components listed below in accordance with  the specifications and estimated costs given in the ITER Management Committee Research and  Development Needs for ITER Engineering Design developed in the CDA. The details of the tasks listed below, defined by references in parentheses which express the  designations contained in the Research and Development Needs for ITER Engineering Design, shall be  worked out in the respective task agreements to be drawn up forthwith after the signature of  Protocol 1 in accordance with its Sections 5 (1) and 5 (4). Without prejudice to the immediate  start of the implementation of these tasks, their description and assignment shall be incorporated  in the work programme provided for in Article 11 of the Agreement. Euratom shall perform the following tasks: >TABLE>The Government of Japan shall perform  the following tasks: >TABLE>The Government of the Russian Federation shall perform the  following tasks: >TABLE>The Government of the United States of America shall perform the  following tasks: >TABLE> Attachment Guidelines for secondment agreements (a)  seconded  personnel shall remain employees of their existing employers and the contract of employment between  the seconded personnel and its employer shall subsist during the secondment. The employer shall  continue to pay its seconded personnel their salaries and other related expenditure such as social  charges, allowances, fees and cost reimbursement according to the legislation and rules applicable  to the employer; (b)  the employer shall ensure that accident insurance and other insurance in favor of the seconded  person which exist by virtue of the conditions of employment remain valid during the secondment to  the Joint Central Team. The employer will immediately inform its responsible departments and its  insurers of the secondment. If an existing insurance protection of the seconded person is affected,  the employer will be responsible for re-establishing an equivalent insurance protection; (c)  during the secondment, the leave regulations of the employer will be valid and shall be  communicated to the Director. The timing and duration of leave during the secondment shall be  arranged with the Director who shall notify the employer. In accordance with paragraph (b), the  regulations of the existing employer in regard to sick leave shall remain valid during the period  of the secondment; and, (d)  the employer of the seconded personnel shall, with regard to the careers of its seconded  personnel, give due consideration to the performance of these seconded personnel during their  secondment to the Joint Central Team.   (1)  the Council co-chairman will also be the MAC chairman (2)  will be accompanied by chair,  CCFP, as expert. (3)  HTL = Home Team Leaders  Understandings 1.  Siting and General Missions of the Co-centers  The three technical sites have the following general missions: -  Site A: project integration -  Site B: out-of-vessel components and related systems -  Site C:  in-vessel components and related systems Moscow will be the formal seat for ITER Council  meetings. Assignment of responsabilities: -  Site A will be located at San Diego (USA) -  Site B will be located at Naka (Japan) -  Site C  will be located at Garching (European Community) 2.  Provision of Host Support Each hosting party  will, as three have already stated in their individual proposals, provide for the duration of the  EDA its joint work site, including land, office accommodations, goods and services required for the  operation of the Joint Central Teams, workshops and the meetings of the Council, the TAC, MAC and  the SWGs at no cost to the ITER parties with the exception of certain items, such as communications  and supplies, for which the host party has set upper limits which are at reasonable expectations  for these costs. Detailed arrangements for these items as well as for other support shall be  developed as specified in the Agreement, its Annexes and Protocols. 3.  Director and Chairs While the Agreement specifies that the Council will make the individual  personnel appointments, aside from the MAC members who are designated by the parties, the  negotiators have understood in common that the parties' likely nominees for the various positions  are as follows: -  Council chairman: Russian Federation - E. Velikhov -  Council co-chairman  (1): Japan - M.  Yoshikawa -  TAC chair: USA - P. Rutherford -  Director: European Community - P.H. Rebut ITER  Council members: >TABLE>MAC Members: >TABLE>TAC Members: >TABLE> Deputy Directors: >TABLE>4.  Role of the IAEA The negotiators suggest that consultation  with IAEA be pursued with a view to defining the domain in which assistance could be provided by  the IAEA and the possible modalities of implementation. 5.  Independence of Joint Central Team members The Parties will refrain from giving any  instructions to their members of the Joint Central Team that may introduce conflict with the  Director's management authority.