CELEX: 51977PC0439
Language: en
Date: 1977-09-20
Title: DRAFT COUNCIL DECISION issuing a Directive to the Commission on participation by the EAEC in two R&D agreements in the field of thermonuclear fusion prepared under the auspices of the International Energy Agency (OECD)#DRAFT COUNCIL DECISION APPROVING 1) the Implementing Agreement for a programme of research and development on Plasma Wall Interaction in Textor 2) the Implementing Agreement for a programme of research and development on superconducting magnets for fusion power (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (77) 439
Vol. 1977/0140
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                        COM(77 ) 439 final .
                                                        Brussels . 20 September 1977
                           DRAFT COUNCIL DECISION                 /;
        issuing a Directive to the . Commission on participation
             "by the EAEC in two R&D agreements in the field
        of thermonuclear fusion prepared under the auspices of
                   the International 'Energy Agency (OECD )
                                       >,     ,          -         ty
                                          .
                                            \                  . -f
                                                >■ /. |    * <
                      DRAFT COUNCIL DECISION APPROVING
        1 ) the Implementing Agreement for a programme of research
            and development on Plasma Wall Interaction in Textor
        2 ) the Implementing Agreement for a programme of research
            and development on superconducting magnets for fusion
            power
               ( submitted to the Council by the Commission)
COM(77 ) 439 final .
 ---pagebreak---               COMMUNICATION FROM THE COMMISSION TO THE COUNCIL
 On June 24 and on July 6 , 197°, an agreement in the form of an exchange
of letters was concluded between the European Atomic Energy Community
( Euratom ) and European Economic Community on the one hand and the Intei–
national Energy Agency ( IEA ) on the other relating to co-operation in
the field of Energy Research and Development .
According to the exchange of letters , the European Communities indicated
their intention to negotiate , on a case by case basis , their participation
in such " Implementing Agreements" prepared within the framework of the IEA
as would contribute to the attainment of the research and development
objectives of the Community . For its part , the IEA took note of this
intention and confirmed that such participation is open to the European
Community .
In application of this agreement there has been concluded :
- an Implementing Agreement on the technical exchange of information in
    the field of reactor safety research and development ;
- an Implementing Agreement for a co-operative research and development
    programme leading to the construction of an intense neutron source ;
- an Implementing Agreement for a programme to develop and test solar
    heating and cooling systems (l) .
Furthermore the final stages for Community participation in an Implementing
Agreement for a programme of research and development on the production of
hydrogen from water are now being completed .
In the framework of its programme for thermonuclear fusion for which the
Commission plays a role as " leader organization ", the IEA proposes to its
members and to Euratom the conclusion of two new Implementing Agreements
in this field . These are :
( a ) an Implementing Agreement for a programme of research and development
       on Plasma Wall Interaction in " Textor"; ( Annex A )
 ( b ) an Implementing Agreement for a programme of research and development
       on superconducting magnets for fusion power . ( Annex B )
The texts of both Agreements and their task Annexes are attached ( see
Annex A and Annex B ).
                                                                     ./...
     signature imminent
 ---pagebreak---                                        - 2 -
3 . The Commission considers that the participation of the European Atomic
    Energy Community in these two Implementing Agreements is such as to
    contribute to the attainment of the Communities objectives for research
    and development in this field . Community interest in these two Implement­
    ing Agreements can be summarized as follows :
    a ) Research and Development on plasma Wall Interaction in Textor .
        In fusion devices the degree of interaction between the plasma and
        the surrounding wall is already of essential importance for present
        day fusion experiments because the contamination of the plasma has
        to be limited to acceptably low levels and increasing both the plasma
        temperature and the duration of operations causes wall erosion . There­
        fore means have to be developed to largely reduce the effects of plasma
        wall interaction .
        One of the ways of   doing this is the construction and operation of a
        sufficiently large   tokamak facility particularly designed for this
        purpose . It has to  offer the possibility for easy exchange of the
        whole inner vacuum   container and it has to be equipped with special­
        ized and elaborate   diagnostics .
        " TEXTOR " is such a device . It will be built and operated within the
        Euratom fusion programme by the Euratom-KFA association . Its value
        could be greatly enhanced if as a result of international co-operation
        other partners would contribute by supplying different internal wall
        arrangements which were optimized according to their experience and
        by contributing experts during the construction and operating phase .
    b ) Research and Development on Superconducting Magnets for Fusion Power .
        It is of very high probability that future fusion reactors based on
        toroidal magnetic confinement will be equipped with superconducting
        coils . This technology is available in principle but so far not de­
        veloped enough to allow the immediate construction of large coils
        and their reliable operation under the required bouaary conditions .
        It is therefore important to develop this technology to the extent
        that it becomes available for the next generation of fusion experi­
        ments after JET , TFTR or JET-60 . For this purpose it is necessary to
        build not only a superconducting coil of large enough dimensions but
        also proper testing requires a toroidal set-up of at least 4 to 6
        coils and a facility to balance the large interactive forces between
        them .
        This Implementing Agreement provides such a possibility . Each parti­
        cipant delivers at least one coil so that a full toroidal set up of
        six is arrived at . Thus , as far as the Community is concerned , for the
        cost of one coil we obtain the benefits of this multi coil facility .
        In addition to its own coils , the USERDA , as the operating agent ,
        will also be contributing the Large Coil Test Facility necessary for
        proper testing at no cost to other participants .
 ---pagebreak---                                        - 3 -
4 . The financial implications of participation in each of these Implementing
    Agreements are set out in the task Annexes .
    No joint funding is proposed and the contribution of each participant is
    in the form of a task , the cost of which will be borne by the participants
    themselves . As far as Euratom is concerned the contribution in each case
    will be work carried out by existing association contracts so that no
    additional financial liability is envisaged . In the case of the Plasma
    Wall Implementing Agreement the Euratom contribution will be work carried
    out by the association contract between Euratom and Kernf orschungsan lage
    J u Li c h GmbH ( KFA ). In the case of the Implementing Agreement of Supercon­
    ducting Magnets it will be work carried out according to the association
    contract Euratom/ Max Planck Institut fur Plasmaphysik ( IPP ).
5 . As concerns provisions dealing with information and intellectual property ,
    it is known that the position adopted by the Commission on the occasion
    of negotiations of the Agreement relating to the production of hydrogen
    is as follows : If an Agreement in which the Community intends to parti­
    cipate envisages an exchange of industrial and commercial licenses , the
    Member States , persons and enterprises of the Community must be able to
    benefit from such licenses .
    In the case of Hydrogen this problem does not arise because the exchange
    of licenses has been limited to research and development purposes and to
    the execution of the tasks envisaged in the Agreement . In the field of
    fusion and for the exchange of -industrial and commercial licenses , the
    position of the Commission has been accepted , taking into consideration
    that the programme of the Community and those of the Member States are
    carried out jointly and that the Commission will act
    not only in the name of the Community but also in the name of its Asso­
    ciates .
6 . The Commission participated in the preparation of these two draft Imple­
    menting Agreements in the framework of the Fusion Power Coordinating
    Committee ( FPCC ) of the IEA in close collaboration with the Associates
    of the Euratom Programme for Thermonuclear Fusion and in particular with
    the two associates most directly concerned , KFA and IPP .
    All the associates have indicated their agreement that Euratom can con­
    clude these two Implementing Agreements .
    As was the case for the Implementing Agreement on the Intense Neutron
    Source which was not signed by Member States but by the Commission on
    behalf of Euratom , Member States should not sign these Agreements . In
    fact , given that the entire research in the 9 Member States in the field
    of thermonuclear fusion is carried out on a Community basis , agreements
    for such international co-operation must be concluded by the Community .
 ---pagebreak---                                   - 4 -
7 . If the Council considers as does the Commission that it is in the interest
    of EAEC to participate in these two " Implementing Agreements" and that the
    texts proposes are acceptable , the Commission proposes that this partici­
    pation should be negotiated and concluded on the basis of Article 101 ,
    paragraph 2 , of the Euratom Treaty .
    In view of the urgency of the matter ( the signing ceremony is planned to
    take place in Paris during the Ministerial meeting of the IEA Governing
    Board on 5th October , 1977 ), the Commission suggests that the Council
    take at the same time a decision issuing directives to negotiate partici­
    pation of Euratom in this agreement and a decision approving the agree­
    ment .
8 . In conclusion the Commission proposes to the Council :
    a ) to take a decision issuing directives to the Commission , as set forth
        in draft Annex C.
    b ) to take at the same time a decision ( Annex D ) approving the conclusion
        of the Implementing Agreements negotiated on the basis of the direct­
        ives referred to in a ) above .
 ---pagebreak---                                    •                         i\-
                                          10 th August, 1977
          INTERNATIONAL ENERGY AGENCY
IMPLEMENTING AGREEMENT
  FOR A PROGRAMME OF RESEARCH
AND DEVELOPMENT ON PLASMA WALL
         INTERACTION IN TEXTOR
                     TABLE OF CONTENTS
    PREAMBLE                                  1
                              ARTICLE 1
    OBJECTIVES                               2
                              ARTICLE 2
    THE EXECUTIVE COMMITTEE                  2
                              ARTICLE 3
    THE OPERATING AGENT                     4
                              ARTICLE 4
    ADMINISTRATION AND STAFF                4
                              ARTICLE 5
    FINANCE                                 5
                              ARTICLE 6
    INFORMATION AND INTELLECTUAL PROPERTY   5
 ---pagebreak---                          - £-
                         Article 7
LEGAL RESPONSIBILITY                              8
                         ARTICLE 8
LEGISLATIVE PROVISIONS                           8
                         ARTICLE 9
ADMISSION AND WITHDRAWAL OF CONTRACTING PARTIES  9
                        ARTICLE 10
FINAL PROVISIONS                                10
                         ANNEX
PLASMA WALL INTERACTION IN TEXTOR               12
 ---pagebreak---                        INTERNATIONAL ENERGY AGENCY
         IMPLEMENTING AGREEMENT
             FOR A PROGRAMME OF RESEARCH
        AND DEVELOPMENT ON PLASMA WALL
                      INTERACTION IN TEXTOR
          The Contracting Parties
          CONSIDERING that the Contracting Parties, being either governments or inter­
national organisations or parties designated by their respective governments pursuant to
Article III of the Guiding Principles for Co-operation in the Field of Energy Research
and Development adopted by the Governing Board of the International Energy Agency
(the "Agency") on 28th July, 1975, wish to take part in the establishment and operation
of a Programme of Research and Development on Plasma Wall Interaction in TEXTOR
(the "Programme") as provided in this Agreement;
           CONSIDERING that the Contracting Parties which are governments and the
governments of the other Contracting Parties (referred to collectively as the "Govern­
ments") participate in the Agency and have agreed in Article 41 of the Agreement on an
International Energy Program (the "I.E.P. Agreement") to undertake national programmes
in the areas set out in Article 42 of the I.E.P. Agreement, including research and devel­
opment on controlled thermonuclear fusion in which field the Programme will be carried
out;
           CONSIDERING that in the Governing Board of the Agency on 28th July, 1975,
the Governments approved the Programme as a special activity under Article 65 of the
I.E.P. Agreement;
           CONSIDERING that the Agency has recognized the establishment of the Programme
 as an important component of international co-operation in the field of fusion power
research and development;
           HAVE AGREED as follows:
                                                                                        1
 ---pagebreak---                                                         - H-
                                          Article 1
                                        OBJECTIVES
 (a)          Scope of Activity. The Programme to be carried out by the Contracting
 Parties within the framework of this Agreement shall consist of co-operative research,
'•development, demonstrations and exchanges of information regarding plasma wall inter­
 action in TEXTOR as provided in the Annex hereto.
  (b)         Method of Implementation. Each Contracting Party shall implement the
  Programme by undertaking one or more tasks as provided in the Annex hereto.
  (c)         Task Co-ordination and Co-operation. The Contracting Parties shall co­
  operate in co-ordinating the work under the Programme and in advancing the research
  and development activities of all Contracting Parties in the field of plasma wall interaction.
                                          Article 2
                             THE EXECUTIVE COMMITTEE
 (a)          Supervisory Control. Control of the Programme shall be vested in the
 Executive Committee constituted under this Article.
 (b)          Membership. The Executive Committee shall consist of one member desig­
 nated by each Contracting Party; each Contracting Party shall also designate an alternate
 member to serve on the Executive Committee in the event that its designated member
 is unable to do so.
 (c)          Responsibilities.   The Executive Committee shall:
              ( 1 ) Adopt for each year, acting by unanimity, the Programme of Work,
                    together with an indicative programme of work for the following two
                    years ; the Executive Committee may, as required, make adjustments
                    within the framework of the Programme of Work;
              (2) Make such rules and regulations as may be required for the sound
                    management of the Programme;
              (3)   Carry out the other functions conferred upon it by this Agreement and
                    the Annex hereto; and
               (4) Consider any matters submitted to it by the Operating Agent or by
                    any Contracting Party.
 (d)          Procedure. The Executive Committee shall carry out its responsibilities in
 accordance with the following procedures:
 2
 ---pagebreak---              (1) The Executive Committee sb.aH each year elect a Chairman and cue
                     or more Vice-Chairmen;
              (2) The Executive Committee may establish such subsidiary bodies ana lines
                     of procedure as are required for its proper functioning. ^ A representative
                     of the Agency and a representative of the Operating^ Agent (ia its
                     capacity as such) may attend laeetia&s of the executive Committee
                     and its subsidiary bodies in an advisory capacity;
               (3) The Executive Committee shall meet in regular session twice each year;
                      a special meeting shall be convened upon the request of any Contracting
                      Party which can demonstrate the need therefor;
               (4)    Meetings of the Executive Committee shall be held at such time and in
                      such office or offices as may be designated by ths Covnnnttee;
                                                                                «
               (5) At least twenty-eight days before each                           of the Executive Com­
                      mittee, notice of the time, place and purpose of the meeting. shall fas
                      given to each Contracting Party tnd to other persons or entities entitled
                      to attend the meeting; notice need not be given to any person or entity
                      otherwise entitled thereto if notice is waived before ot* after the meeting;
                (6)   The quorum for the transaction of business in meetings c: the Executive
                       Committee shall be one-half of the members plus one (less any resu'cirg
                      fraction).
   (e)         Voting O*
               (1 ) Where this Agreement requires the Executive Comcziticz to act by
                      unanimity, this shall require the agreement of each mc-xbz? or alternate
                      member present and voting at the meeting at which the decisio- i:
                       Cl T^ i^!   A Tw     1 ^4 V r ^ f* <•>.» «-»- £ AA A. ft  ^   /', S.AtPl /* .« .. Jl
              (2) With the agreement of each member ora/teraate member entitled tc net
                     thereon, a decision or recommendatfoc may be made by teie^ c "c -*^
                     without the necessity for calling a meeting. The Chairmla
                    executive Committee shall have responsibly of ensuring that a U
                    members or alternate members entitled to act thereon are informed of
                    each cfe^i.jcn or recc.ri.ccndzucn made pursuant to this paragraph.
 ^          Reports. Tne Executive Committee sh-"!?                               ~                      .-
-gency with periodic reports on the progress of the Pmgramml" '                                 provics
 ---pagebreak---                                            Article 3
                               THE OPEEATïNG AGENT
(a)          Designation. The Programme shall be conducted by the EURATOM-KFA
Jiilich Association for Fusion, acting through the Kernforschungsanlage Jiilich GmbH, as
the Operating Agent.
(b)           Scope of Authority to Act on Behalf of Contracting Parties. Subject to 'the
provisions of Article 6 hereof, the Operating Agent shall perform all legal acts required
to carry out its functions as defined in the Annex hereto on behalf of . the Contracting
Parties.
(c)          Replacement. A Contracting Party may, v/lili the consent of the Executive
Committee, acting by unanimity, designate another entity Gyrating Agent in place of
the Contracting Party or other Operating Agent . designed                it. The adoption of
any consequential amendments to this Agreement and the J~l. .u: hereto as well as the
arrangements for transfer of the Operating Agent's responsibility snail require a decision
of the Executive Committee, acting by unanimity.
(d)          Resignation. The Operating Agent shall have the right to resign at any
time, by giving six months written notice to that effect to the Executive Committee,
provided that:
             (1 ) A Contracting Party, or entity designated by a Contracting Party, is at
                    such time willing to assume the duties and obligations of the Operating
                    Agent and so notifies the Executive Committee and the other Contracting
                    Parties to that effect, in writing, not less than three months in advance
                    of the effective date of the Operating Agent's resignation ; and
             (2) Such Contracting Party or entity is approved by the Executive Com­
                   mittee, acting by unanimity.
                                           Article 4
                            ADMINISTRATION AND STAFF
(a)           Administration of Tasks. The Operating Agent shall be responsible to the
Executive Committee for implementing its responsibilities in accordance with this Agree­
ment, the Annex hereto and the decisions of the Executive Committee.
(b)           Information and Reports. The Operating Ager.t shall furnish to the Executive
Committee such information concerning the Programme as the Committee may request
 and shall each year submit, not later than two months after the end of the financial year,
a report on the status of work under the Programme.
 4
 ---pagebreak---                                               -V-
 (c)            Staff. It shall be the responsibility of the Operating Agent to retain such
 staff as may be required to carry out its responsibilities. The Operating Agent may also,
 as required, utilize the services of personnel employed by other Contracting Parties (or
 organisations or other entities designated by Contracting Parties) and made available to
 the Operating Agent by secondment or otherwise, subject to arrangements to be agreed
 between the Contracting Party and the employer of such personnel.
                                            Article 5
                                           FINANCE
 (a)            Obligations of the Operating Agent. The Operating Agent shall bear the
 costs of the construction and normal operation of TEXTOR as described in the Annex
 hereto.                                                  •
  (b)           Individual Obligations. Each of the Contracting Parties will bear the costs
  it incurs in carrying out this Agreement and the Annex hereto except as otherwise agreed
  between two or more Contracting Parties.
                                            Article 6
                    INFORMATION AND INTELLECTUAL PROPERTY
 (a)           Executive Committee's Powers. The publication, distribution, handling,
 protection and ownership of information and intellectual property arising from activities
conducted under this Agreement shall be determined by the Executive Committee, acting
by unanimity, in conformity with this Agreement.
(b)            Right to Publish. Subject only to patents and copyright restrictions of this
Agreement, the Contracting Parties shall have the right to publish all information provided
to or arising from the Programme except proprietary information, but they shall not publish
it with a view to profit except as the Executive Committee, acting by unanimity, may agree
or provide by rule.      All that information shall be available without charge to the Con­
tracting Parties.
(c)            Proprietary Information.    The Contracting Parties shall take all necessary
measures in accordance with this Article, the laws of their respective countries and inter­
national law to protect proprietary information. For the purposes of this Agreement,
proprietary information shall mean information of a confidential nature such as trade
secrets and know-how (for example, computer programmes, design procedures and
techniques, chemical composition of materials, or manufacturing methods, processes, or
treatments) which is appropriately marked, provided such information:
               ( 1 ) Is not generally known or publicly available from other sources;
 ---pagebreak---                                                 - tf­
               (2) Has not previously been made available by the owner to others without
                     obligation concerning its confidentiality; and
                         ι
               (3) Is not already in the possession of the recipient Contracting Party
                     without obligation concerning its confidentiality.
It shall be the responsibility of each Contracting Party supplying proprietary information
to identify the information as such and to ensure that it is appropriately marked.
(d)            Production of Relevant Information by Governments.          The Operating Agent
should encourage the governments of all Agency Participating Countries to make available
or to identify to the Operating Agent all published or otherwise freely available information
known to them that is relevant to the Programme. The Contracting Parties should notify
the Operating Agent of all pre-existing information, and information developed inde­
pendently of the Programme known to them which is relevant to the Programme and
which can be made available to the Programme without contractual or legal limitations .
(e)           Reports on Programme Work. Reports containing arising information and
pre-existing information necessary for and used in the Programme, including proprietary
information, shall be provided to each Contracting Party by the Contracting Party perform­
ing the work. It shall be the responsibility of each Contracting Party to identify
information which qualifies as proprietary information under this Article and ensure that
it is appropriately marked. The Operating Agent shall provide summary reports of work
performed under the Annex hereto and the results thereof (arising information ), other
than proprietary information, to the Executive Committee.
(f)            License of Proprietary Information. Each Contracting Party agrees to license
all pre-existing proprietary information necessary for and used in its work under the
Programme and which it owns or controls and all arising proprietary information to the
Contracting Parties, their governments, and the nationals of their respective countries
designated by them:
               (1)   Royalty-free for use in the Programme only; and
               (2)   On favourable terms and conditions for all other uses taking into account
                     the equities of the Contracting Parties based upon the sharing of
                     obligations, contributions, rights and benefits of all Contracting Parties.
Each Contracting Party agrees to license all such arising proprietary information to all
Agency Participating Countries on reasonable terms and conditions for use in their own
country in order to meet their energy needs.
(g)            License of Patents Needed for Programme. Patents solely owned or con­
trolled by a Contracting Party which are needed for use in the Programme shall be licercea
to another Contracting Party for use in the Programme only at no cost to such Contracting
Party. If such patents are partially owned or controlled by a Contracting Party, then
efforts shall be made by the Contracting Party to reduce or eliminate as possible the benefit
that might accrue to it.
6
 ---pagebreak--- (h)           Arising Inventions.    Inventions made or conceived in the course of or under
the Programme (arising inventions) shall be owned in all countries by the inventing Con­
tracting Party. Information regarding inventions on which patent protection is to be
obtained by the Contracting Party shall not be published or publicly disclosed by the
other Contracting Parties until a patent application has been filed, provided, however,
that this restriction on publication or disclosure shall not extend beyond six months from
the date of receipt of such information. It shall be the responsibility of the inventing
Contracting Party to appropriately mark reports which disclose inventions that have not
been appropriately protected by the filing of a patent application.
(i)           License of Inventions. Each Contracting Party agrees to license all pre­
existing inventions covered by patents owned or controlled by it which are necessary for
practising the results of its work under the Programme and which have been utilized in
that work, and all arising inventions to the Contracting Parties, their governments and the
nationals of their respective countries designated by them:
               ( 1 ) Royalty-free for use in the Programme only; and
                                                                  «
               (2)   On favourable terms and conditions for all other uses, taking into
                     account the equities of the Contracting Parties based upon the sharing
       w.       , , of obligations, contributions, rights and benefits of all Contracting
                 '   Parties. "" :
Each Contracting Party agrees to license all such arising inventions to all Agency Participat­
ing Countries on reasonable terms and conditions for use in their own country in order to
meet their energy needs.
(})            Copyright. The Operating Agent or each Contracting Party for its own
work under the Programme may take appropriate measures necessary to protect copyright-
able material generated under the Programme. Copyrights obtained shall be the property
of that Contracting Party or the Operating Agent, provided, however, that Contracting
Parties may reproduce and distribute such material , but shall not publish it with a view
to profit.
(k)           Inventors and Authors. Each Contracting Party will, without prejudice to
any rights of inventors or authors under its national laws, take all necessary steps to provide
the co-operation from its authors and inventors required to carry out the provisions of this
Article. Each Contracting Party will assume the responsibility to pay awards or compen­
sation required to be paid to its employees according to the laws of its country.
(I)           Determination of "National". The Executive Committee may establish
guidelines to determine what constitutes a "national" of a Contracting Party, provided,
however, in recognition of the fact that all the fusion power research and development
programmes of the individual Member States of the European Atomic Energy Community
 ( EURATOM) are carried out jointly in the framework of EURATOM, and that EURA­
TOM acts on behalf of itself and its associated national organisations in fusion power
research and development, the governments and countries referred to in sub-paragraphs (f)
 and (i) above shall, with respect to EURATOM, be understood to be the governments and
 countries of the Member States of EURATOM.
 ---pagebreak---                                                -^o -
                                           Article 7
t
                                 LEGAL RESPONSIBILITY
            Each Contracting Party agrees to compensate the Operating Agent or persons
acting on its behalf for damages, liabilities or costs when such damages, liabilities or costs
are due to the gross negligence or wilful misconduct of the personnel of the Contracting
Party assigned under an agreement entered into in accordance with the Annex hereto,
provided, however, that this provision shall not apply to damages, liabilities or costs insofar
as and to the extent that they arise out of the gross negligence or wilful misconduct of
the Operating Agent, or persons acting on its behalf.
                                           Article 8
                               LEGISLATIVE PROVISIONS               *•
(a)            Accomplishment of Formalities. Each Contracting Party shall request the
appropriate authorities of its country (or its Member States in the case of an international
organisation) to use their best endeavours, within the framework of applicable legislation,
to facilitate the accomplishment of formalities involved in the movement of persons, the
importation of materials and equipment and the transfer of currency which shall be
required to conduct its work under the Programme.
(b)             Applicable Laws. In carrying out this Agreement and the Annex hereto,
the Contracting Parties shall be subject to the appropriation of funds by the appropriate
governmental authority, where necessary, and to the constitution, laws and regulations
applicable to the respective Contracting Parties, including, but not limited to, laws establish­
ing prohibitions upon the payment of commissions, percentages, brokerage or contingent
fees to persons retained to solicit governmental contracts and upon any share of such
contracts accruing to government officials.
(c)            Decisions of Agency Governing Board. The Contracting Parties shall take
account, as appropriate, of the Guiding Principles for Co-operation in the Field of Energy
Research and Development, and any modification thereof, as well as other decisions of
the Governing Board of the Agency in that field. The termination of the Guiding Principles
shall not affect this Agreement, which shall remain in force in accordance with the terms
hereof.
(d)            Settlement of Disputes. Any dispute among the Contracting Parties concern­
ing the interpretation or the application of this Agreement which is not settled by negotiation
or other agreed mode of settlement, shall be referred to a tribunal of three arbitrators to
be chosen by the Contracting Parties concerned who shall also choose the Chairman of
 the tribunal. Should the Contracting Parties concerned fail to agree upon the composition
 of the tribunal or the selection of its Chairman, the President of the International Court
 of Justice shall, at the request of any of the Contracting Parties concerned, exercise those
 responsibilities. The tribunal shall decide any such dispute by reference to the terms of
  8
 ---pagebreak---   this Agreement and any applicable laws and regulations, and its decision on a question
  of fact shall be final and binding on the Contracting Parties. An Operating Agent which
 is not a Contracting Party shall be regarded as a Contracting Party for the purpose of
 this paragraph.
                                           Article 9
           ADMISSION AND WITHDRAWAL OF CONTRACTING PARTIES
 (a)            Admission of New Contracting Parties: Agency Countries. Upon the
 invitation of the Executive Committee, acting by unanimity, admission to the Agreement
shall be open to the government of any Agency Participating Country (or a national agency,
public organisation, private corporation, company or other entity designated by such
government), which signs or accedes to this Agreement and accepts the rights and obliga­
tions of a Contracting Party. Such admission of a Contracting Party shall become effective
upon the signature of this Agreement by the new Contracting Party or its accession thereto
and the adoption of any consequential amendments thereto.
(b)             Admission of New Contracting Parties: Other OECD Countries. The govern­
ment of any Member of the Organisation for Economic Co-operation and Development
which does not participate in the Agency may, on the proposal of the Executive Committee,
acting by unanimity, be invited by the Governing Board of the Agency to become a
Contracting Party to this Agreement (or to designate a national agency, public organisation,
private corporation, company, or other entity to do so), under the conditions stated in
paragraph (a) above.
(c)            Contributions. The Executive Committee may require, as a condition to
admission to participation, that the new Contracting Party accept obligations which are
designed to compensate the Contracting Parties as appropriate for their prior contributions
to the Programme.
(d)            Replacement of Contracting Parties. With the agreement of the Executive
Committee, acting by unanimity, and upon the request of a government, a Contracting
Party designated by that government may be replaced by another party. In the event of
such replacement, the replacement party shall assume the rights and obligations of a Con­
tracting Party as provided in paragraph (a) above and in accordance with the procedure
provided therein.
(e)            Withdrawal. Any Contracting Party may withdraw from this Agreement
either with the agreement of the Executive Committee, acting by unanimity, or by giving
twelve months written Notice of Withdrawal to the Executive Director of the Agency, such
Notice to be given not less than two years after the date hereof. The withdrawal of a
Contracting Party under this paragraph shall not affect the rights and obligations of the
other Contracting Parties.
 (f)            Change of Status of Contracting Party. A Contracting Party other than a
government or an international organisation shall forthwith notify the Executive Committee
                                                                                           9
 ---pagebreak---   of any significant change in its status or ownership, or of its becoming bankrupt or entering
  into liquidation. The Executive Committee shall determine whether any such change in
  status of a Contracting Party significantly affects the interests of the other Contracting
• Parties; if the Executive Committee so determines, then, unless the Executive Committee,
  acting upon the unanimous decision of the other Contracting Parties, otherwise agrees:
                 ( 1 ) That Contracting Party shall be deemed to have withdrawn from the
                        Agreement under paragraph (e) above on a date to be fixed by the
                        Executive Committee ; and
                 (2)    The Executive Committee shall invite the government which designated
                        that Contracting Party to designate, within a period of three months of
                        the withdrawal of that Contracting Party, a different entity to become
                        a Contracting Party; if approved by the Executive Committee, acting
                        by unanimity, such entity shall become a Contracting Party with effect
                        from the date on which it signs or accedes to this Agreement.
                                                                        «
  (g)            Failure to Fulfil Contractual Obligations. Any Contracting Party which fails
  to fulfil its obligations under this Agreement within sixty days after its receipt of notice
  specifying the nature of such failure and invoking this paragraph, may be deemed by the
  Executive Committee, acting by unanimity, to have withdrawn from this Agreement.
                                              Article 10
                                      FINAL PROVISIONS
  (a)            Term of Agreement. This Agreement shall remain in force for an initial
  period of nine years from the date hereof. The term of this Agreement may be extended
  for such additional period as may be determined by the Executive Committee, acting by
  unanimity.
  (b)            Legal Relationship of Contracting Parties. Nothing in this Agreement shall
 be regarded as constituting a partnership between any of the Contracting Parties.
 (c)             Amendment. This Agreement and the Annex hereto may be amended at any
 time by the Executive Committee, acting by unanimity. Such amendments shall come
 into force in a manner determined by the Executive Committee, acting by unanimity.
 (d)             Deposit.    The original of this Agreement shall be deposited with the Executive
 Director of the Agency and a certified copy thereof shall be furnished to each Contracting
 Party. A copy of this Agreement shall be furnished to each Agency Participating Country,
 and to each Member country of the Organisation for Economic Co-operation and Devel­
 opment.
 Done in Paris, this 5th day of October, 1977.
  10
 ---pagebreak--- For the NATIONAL RESEARCH
 COUNCIL OF CANADA
 (designated by the Government
of Canada):
For the EUROPEAN ATOMIC ENERGY COMMUNITY (EURATOM):
[JAPANJ
For the TURKISH SCIENTIFIC AND
TECHNICAL RESEARCH COUNCIL
(designated by the Government
of Turkey):
[For the UNITED STATES ENERGY RESEARCH
AND DEVELOPMENT ADMINISTRATION
for and on behalf of the Government
of the United States of America:
or
For the UNITED STATES DEPARTMENT OF ENERGY
for and on behalf of the Government
of the United States of America]:
 ---pagebreak---                                                  -
                                            ANNEX
                      PLASMA WALL INTERACTION IN TEXTOR
1.   Objectives
           The overall objectives of the Programme are to evaluate the relative importance
of the processes leading to the build-up of impurities in tokamaks and to the damage of
the first wall under different operating conditions ; to search for appropriate first wall
materials, structures and temperatures that are optimized with respect to particle release
and wall material behaviour; and to develop and test methods to control the plasma
boundary.
2.   Means
         ' The Contracting Parties will undertake a Programme involving the sharing of
tasks (as described in paragraph 3 below) in the final design, construction and operation
of a plasma test bed device (the Torus Experiment for Technology Oriented Research
known as TEXTOR) (as described in the Report on the Planning of TEXTOR dated 15 No­
vember 1975 and the TEXTOR Kurzbeschreibung dated March 1976, hereinafter called
the "TEXTOR Reports"). la this regard, they will undertake the accompanying material
studies, the development of related diagnostics, and will co-operate in the operation of
TEXTOR in the presence of different first wall assemblies under a variety of plasma
boundary conditions.
3.   Programme Phases
           (a)  Phase I: Final Design and Construction
                 ( 1 ) Definition. The preliminary design having been completed prior to
                       the signing of this Agreement, Phase I will encompass the final
                       design and construction of TEXTOR. Baring this phase, which
                       is expected to last three to four years, the Contracting Parties other
                       than EURATOM will assign specialists (scientists, engineers and/or
                       other technical personnel) to the TEXTOR sits to contribute to the
                       final design, construction and preparation for operation of TEXTOR,
                       including the development of plasma wall diagnostics and appropriate
                       wall materials.
                 (2) Each Contracting Party other than EURATOM will contribute
                       between four and seven man-years of assigned specialists working at
                       the TEXTOR site.        Not more than three specialists from a single
                       Contracting Party, with the noted exception , will be accepted at any
                       one time without the prior approval of the Operating Agent.
                 (3) Specialists will be assigned in accordance with the procedures set
                       forth in paragraph 6 below.
 ---pagebreak--- (b) Phase 11: Operation
    (1 ) Definitions. The TEXTOR Operation Phase will include a sequence
           of experiments for which an agreed time period will be provided by
           the Operating Agent. Each of the Contracting Parties will contribute
          proposals for experiments in the Operation Phase falling into one or
          more of the following categories:
             (i)     Category I. Experiments requiring neither modifications to
                     TEXTOR nor additional equipment, but involving the assign­
                     ment of the necessary experts during the experiment.
            (ii)     Category I!. Experiments requiring no modifications to
                     TEXTOR, but requiring additional equipment, and the assign­
                     ment of experts during the experiment.
            (iii)     Category 111. Experiments requiring modifications of
                      TEXTOR and the assignment of specialists, and possibly,
                      additional equipment. It is expected that such modifications
                       will not require major changes in the basic design and
                       construction oi TEXTOR.
      (2)     Procedures for Submission of and Decision on Proposals for Experi­
               ments
                 (i)    Proposals for experiments to be carried out with TEXTOR
                         will be submitted by each of the Contracting Parties other than
                        EURATOM to the Operating Agent. These shall include a
                        detailed description of aims, Categoiy (as defined in sub­
                        paragraph ( 1 ) above), programme, design, means, personnel
                        (including experts to be assigned), time period required and
                        time schedule, other conditions and, if available, results of
                       reliability tests already conducted.
              (ii) Experiments in Categories I and II, requiring the utilisation of
                      TEXTOR for a period of not more than four months, may be
                     agreed upon directly between the Operating Agent and the
                     proposing Contracting Party.
          (iii) All other experiments will require the approval of the
                    Executive Committee, acting by unanimity.
          (iv) In the case of proposals "for experiments failing under (iii)
                    above, the Operating Agent, if it concurs with the proposal,
                    will submit it with its comments to the Executive Committee
                    which will take the necessary steps to have the proposal
                   reviewed as to its scientific and technical merits, cost and time
                    requirements, by at least two experts selected from a list of
                   experts previously agreed by the Executive Committee. On
                   the basis of the experts' report, the Executive Committee will
 ---pagebreak---                          decide whether or not to approve the experiment. In approv­
                        ing, the Executive Committee shall confirm the experimental
                        programme, time period required and time schedule, priority
                        with respect to other experiments, personnel to be assigned and
                        any special conditions.
                 (v) In the event that, in the judgement of the Operating Agent, a
                        proposed experiment is felt to endanger the essentiai compo­
                        nents of the TEXTOR ensemble and/or the safety of operating
                        personnel, the Operating Agent may, after consultation with
                        the Executive Committee, decline to carry out the proposed
                        experiment.
           (3)  Allocation of Time for Experiments
                It is understood that 40 per cent of the total operating time of
                TEXTOR will he available for the agreed experiments of all the
                Contracting Parties. The other 60 per cent will be at the exclusive
                disposal of the Operating Agent, which taay grant from that time
                additional operating time for agreed experiments of the Contracting
                Parties other than EURATOM. The Operating Agent will make
                every effort to transmit the results of experiments performed within
                its operating time to the Executive Committee and to the Programme
                Officers of each of the Contracting Parties other than EURATOM
                within six months of the conclusion of each experiment.
           (4)  Acceptance Testing of Components
                The Operating Agent reserves the right to conduct acceptance t .:.
                of the delivered components (for instance, vacuum, mechanics ,
                electrical, magnetic) to ensure that their insertion will not endanger
                or perturb the operation of TEXTOR.
           (5)  Removal of Materials and Equipment
                After the conclusion of an experiment, each Contracting Party will ,
                upon the request of the Operating Agent, forthwith effect at its own
                cost the removal of materials and/or equipment introduced by that
                Contracting Party at the TEXTOR site.
           (6)  Reporting of Experimental Results
                Each Contracting Party will report the results of its experiments to
                the other Contracting Parties within six months of the conclusion ci
                each experiment.
Specific Responsibilities of the Operating Agent
      The Operating Agent will:
      (a) Be responsible for the funding, design, construction and operation or the
           TEXTOR device ( as specified in the TEXTOR. Reports); for which purpose
           operation shall mean the overall administrative ar>d technical management
           of TEXTOR ;
 ---pagebreak---           /'
       / / (b) Use its best efforts to provide the necessary office space and, subject to
     /           . mutual agreement, laboratory space at the site to Contracting Parties other
   '/              than EURATOM;                                                                 ;
           (c) Make the necessary arrangements to facilitate access for each of the
                   Contracting Parties other than EURATOM to the site;
           (d)     Use its best efforts to provide, during the Operation Phase, necessary and
                   reasonable computer time to Contracting Parties other than EURATOM ;
           (e)    During the Operation Phase, and after agreement on experiments (under
                   paragraph 3 (b) (2) above), carry out the necessary modifications of
                   TEXTOR, assisted where necessary by the interested Contracting Party
                   and ensure that adequate priority is given to the experiments during the
                   agreed time period;
            (f)    During the Operation Phase, be responsible for providing the necessary
                    technical personnel for the routine operation of TEXTOR during the
                    agreed experiments, for covering TEXTOR operating costs and for
                    acquiring the basic plasma and wall data required for the interpretation
                    of results insofar as permitted by standard measuring methods installed at
                    that time. "TEXTOR operating costs" are the costs anticipated in connec­
                   tion with the routine operation of TEXTOR, and the services of the
                   Operating Agent pursuant to sub-paragraphs (b) to (f) above. Costs other
                   than TEXTOR operating costs, as well as the costs of materials for
                   additional equipment or modifications of TEXTOR (extra costs), will be
                   borne by the Contracting Party whose experiment requires these extra costs.
5.   Technical Description
           A description of the TEXTOR facility and its relevant parameters is to be
found in the TEXTOR Reports. From this information Contracting Parties other than
EURATOM may obtain dimensions and other data needed for the incorporation of new
components or diagnostic instruments.          Technical information in greater detail than that
found in the TEXTOR Reports will be made available by the Operating Agent upon
the request of a Contracting Party.
6.   Assignment of Personnel
          (a)     The Contracting Parties other than EURATOM may assign experts m Che
                  fields set forth in paragraph 1 above to work at the TEXTOR site in
                  accordance with agreements between the Operating Agent and the assigning
                  Party. Such agreements will specify the work plan to be followed by
                • such experts.
          (b)     The procedures to be followed in assigning experts shall be as follows:
                  ( 1 ) Each Contracting Party desiring to assign an expert shall submit its
                         nomination to the Operating Agent, as a r.Ie, at least four months
                         prior to the expected assignment date. Each such nomination shall
                         specify the qualifications of the expert, his t^sk during the assignment
                         and the length of the assignment.
 ---pagebreak---                 (2) The Operating Agent shall, as soon as possible, notify the nominating
                       Party of the acceptability of the assignment.
          (c) The duration of each assignment during the final design and construction
                phase shall normally be one year, except as may otherwise be agreed
                between the Operating Agent and the nominating Party.
          (d)   Publications resulting from theoretical or experimental investigations carried
                out in connection with the Programme shall normally be issued in the form
                of joint reports of the Contracting Parties or individuals who contributed
                to the investigations.
          (e)   All personal expenses associated with an assignment shall be borne by the
                assigning Party. Such expenses shall include, but not be limited to,
                costs of salary, travel, insurance and living expenses of the assigned
                personnel. Assigned personnel shall in no v/ay be deemed to be employees
                of the Operating Agent by virtue of their assignment. Assigned personnel
                shall adhere to all safety and other operating procedures of the Operating
                Agent.
7.  Programme Officers                                                               *
          Each Contracting Party will designate a Programme Officer who will be the
principal point of contact among the Contracting Parties.
8.  Time Period
          (a)   The period of the Programme is expected to extend to the end of 19S5 or
                until the completion of the Operation Phase set out in paragraph 3 above,
                whichever is earlier.
          (b)   Programme Milestones:
                Freezing of main machine parameters                       Completed in 1976
                Final design and call for tenders of main components:
               – TF-coils, transformer                                                   1977
                – vessel                                                                 1978
                – first liner                                                      1978-1979
                Commissioning of the system including neutral injection ....             19S0
                The development of special diagnostics, the accompanying material studies
                e.g. leading to new liners and the preparation of new methods of plasma-
                wall-control will be pursued throughout the Programme.
16
 ---pagebreak---    1
                                     ~                7. 7Γ.Τ"           -· - --- ' *      2»
                      INTERNATIONAL ENERGY AGENCY~"
        IMPLEMENTING AGREEMENT
             FOR A PROGRAMME OF RESEARCH
   AND DEVELOPMENT ON SUPERCONDUCTING
                 MAGNETS FOR FUSION POWER
           The Contracting Parties
           CONSIDERING that the Contracting Parties, being either, governments or inter­
national organisations or parties designated by their respective governments pursuant to
Article III of the Guiding Principles for Co-operation in the Field of Energy Research and
Development adopted by the Governing Board of the International Energy Agency ( the
" Agency") on 28th July, 1975 , wish to take part in the establishment and operation of a
Programme of Research and Development on Superconducting Magnets for Fusion Power
(the " Programme") as provided in this Agreement ;
           CONSIDERING that the Contracting Parties which arc governments and the govern­
ments of the other Contracting Parties ( referred to collectively as the "Governments ")
participate in the Agency and have agreed in Article 41 of the Agreement on an Inter­
national Energy Program ( the " I.E. P. Agreement ") to undertake national programmes
in the areas set out in Article 42 of the I.E.P. Agreement, including research and devel­
opment on controlled thermonuclear fusion in which field the Programme will be carried
out ;
           CONSIDERING that in the Governing Board of the Agency on 28th July, 1975 ,
the Governments approved the Programme as a special activity under Article 65 of the
I.E.P. Agreement ;
           CONSIDERING that the Agency has recognised the establishment of the Programme
 as an important component of international co-operation in the field of fusion power
 research and development ;
           HAVE AGREED as follows :
                                          Article I
                                       OBJECTIVES
 (a)          Scope of Activity. The Programme to be carried out by the Contracting
 Parties within the framework of this Agreement shall consist of co-operative research ,
development, demonstrations and exchanges of information regarding superconducting
magnets for fusion power.
 ---pagebreak---                                                   • 7--
(h)           Method of Implementation. The Contracting Parties shall implement the
Programme by undertaking one or more tasks (the "Task " or "Tasks ") each of which will
be open to participation by two or more Contracting Parties as provided in Article 2 hereof.
The Contracting Parties which participate in a particular Task are, for the purposes of that
Task, referred to in this Agreement as " Participants".
(c)           Task Co-ordination and Co-operation .        The Contracting Parties shall co­
operate in co-ordinating the work of the various Tasks and shall endeavour, on the basis
of an appropriate sharing of burdens and benefits, to encourage co-operation among
Participants engaged in the various Tasks with the objective of advancing the research and
development activities of all Contracting Parties in the field of superconducting magnets
for fusion power.
                                            Article 2
                   IDENTIFICATION AND INITIATION C ? TASKS
(a).          Identification . The Tasks undertaken by Participants are identified in the
Annexes to this Agreement. At the time of signing this Agreement , each Contracting Party
shall confirm its intention to participate in one or more Tasks by giving the Executive
Director of the Agency a Notice of Participation in the relevant Annex or Annexes - and
the Operating Agent for each Task shall give the Executive Director of the Agency a Notice
of Acceptance of the Task Annex. Thereafter, each Task shall be carried out in accord­
ance with the procedures set forth in Articles 2 to 1 1 hereof, unless otherwise specifically >■
provided in the applicable Annex .
(b )          Initiation of Additional Tasks. Additional Tasks may be initiated by any
Contracting Party according to the following procedure:
              (1)    A Contracting Party wishing to initiate a new Task shall present to
                     one or more Contracting Parties for approval a draft Annex , similar in
                     form to the Annexes attached hereto, containing a description of the
                     scope of work and conditions of the Task proposed to be performed :
               (2)   Whenever two or more Contracting Parties agree to undertake a new
                     Task , they shall submit the draft Annex for approval by the Executive
                     Committee pursuant to Article 3 (e) ( 2) hereof; the app.v.ved draft Annex
                     shall become part of this Agreement ; Notice of Participation in the Task
                     by Contracting Parties and acceptance by the Operating Agent shall be
                     communicated to the Executive Director in the manner provided in
                     paragraph (a) above ;
               (3)   In carrying out the various Tasks. Participants shall co-ordinate their
                     activities in order to avoid duplication of activities.
 (c)           Application of Task Annexes.       Each Annex shall be binding only upon the
 Participants therein and upon the Operating Agent for that Task , and shall not allect the
 rights or obligations of other Contracting Parties.
 ---pagebreak---                                           Article 3
                           THE EXECUTIVE COMMITTEE
 (a)        Supervisory Control.     Control of the Programme shall be vested in the
Executive Committee constituted under this Article.
(b)         Membership. The Executive Committee shall consist of one member desig­
nated by each Contracting Party; each Contracting Party shall also designate an alternate
member to serve on the Executive Committee in the event that its designated member is
unable to do so.
(c)         Responsibilities.  The Executive Committee shall : .
            (1)  Adopt for each year, acting by unanimity, the Programme of Work , and
                 Budget if foreseen, for each Task , together with an indicative programme
                 of work and budget for the following two years ; the Executive Com­
                 mittee may, as required, make adjustments within the framework of
                 the Programme of Work and Budget;
            (2)  Make such rules and regulations as may be required for the sound man­
                 agement of the Tasks, including financial rules as provided in Article 6
                 hereof ;
            (3)  Carry out the other functions conferred upon it by this Agreement and
                  the Annexes hereto ; and
            (4)   Consider any matters submitted to it by any of the Operating Agents
                  or by any Contracting Party.
(d)         Procedure. The Executive Committee shall carry out its responsibilities in
accordance with the following procedures:
             (1)  The Executive Committee shall each year elect a Chairman and one
                  or more Vice-Chairmen ;
             (2)  The Executive Committee may establish such subsidiary bodies and rules
                   of procedure as are required for its proper functioning. A representative
                   of the Agency and a representative of each Operating Agent ( in its
                   capacity as such) may attend meetings of the Executive Committee
                   and its subsidiary bodies in an advisory capacity;
             (3)   The Executive Committee shall meet in regular session twice each year ;
                   a special meeting shall be convened upon the request of any Contracting
                   Party which can demonstrate the need therefor;
             (4) Meetings of the Executive Committee shall be held at such time and
                   in such office or offices as may be designated by the Committee ;
 ---pagebreak---              (5) At least twenty-eight days before each meeting of the Executive Com­
                    mittee, notice of the time, place and purpose of the meeting shall be
                    given to each Contracting Party and to other persons or entities entitled
                    to attend the meeting ; notice need not be given to any person or entity
                    otherwise entitled thereto if notice is waived before or after the
                    meeting ;
            (6)     The quorum for the transaction of business in meetings of the Executive
                    Committee shall be one-half of the members plus one (less any resulting
                    fraction) provided that any action relating to a particular Task shall
                    require a quorum as aforesaid of members or alternate members desig­
                    nated by the Participants in that Task.
(e)         Voting.
            (1)     When the Executive Committee adopts a decision or recommendation
                    for or concerning a particular Task, the Executive Committee shall act :
                                                                       *
                     (1)   When unanimity is required under this Agreement : by agreement
                         * of those members or alternate members which were designated by
                           the Participants in that Task and which are present and voting ;
                  - (ii)   When no express voting provision is made in this Agreement : by .
                           majority vote of those members or alternate members which were
                           designated by the Participants in that Task and which are present
                           and voting;
             ( 2)   In all other cases in which this Agreement expressly requires the
                    Executive Committee to act by unanimity, this shall require the agreement-
                    of each member or alternate member present and voting, and in respect
                    of all other decisions and recommendations for which no express voting
                    provision is made in this Agreement , the Executive Committee shall
                    act by a majority vote of the members or alternate members present
                    and voting . If a government has designated more than one Contracting
                     Party to this Agreement , those Contracting Parties may cast only one
                    vote under this paragraph ;
             (3)    The decisions and recommendations referred to in paragraphs ( 1 ) and
                    (2) above may, with the agreement of each member or alternate member
                    entitled to act thereon, be made by mail, telex or cable without the
                     necessity for calling a meeting. Such action shall be taken by unanimity
                    or majority of such members as in a meeting. The Chairman of the
                     Executive Committee shall ensure that all members are informed of
                     each decision or recommendation made pursuant to this paragraph .
 (f)        Reports. The Executive Committee shall, at least annually, provide the
 Agency with periodic reports on the progress of the Programme.
 ---pagebreak---                                               Article 4
                                 THE OPERATING AGENTS
(a)           Designation. Participants shall designate in the relevant Annex an Operating
Agent for each Task . References in this Agreement to the Operating Agent shall apply
to each Operating Agent in respect of the Task for which it is responsible.
(b)           Scope of Authority to Act on Behalf of Participants.     Subject to the provisions
of the applicable Annex:
               (1 ) All legal acts required to carry out each Task shall be performed on
                     behalf of the Participants by the Operating Agent for the Task ;
               (2)  The Operating Agent shall hold, for the benefit of the Participants,
                     the legal title to all property rights which may accrue to or be acquired
                     for the Task .
The Operating Agent shall operate the Task under its supervision and responsibility,
subject to this Agreement, in accordance with the law of the country of the Operating Agent.
(c)           Reimbursements of Costs. The Executive Committee may provide that
expenses and costs incurred by an Operating Agent in acting as such pursuant to this
Agreement shall be reimbursed to the Operating Agent from funds made available by the
Participants pursuant to Article 6 hereof.
(d)            Replacement. Should the Executive Committee wish to replace an Operating
Agent with another government or entity, the Executive Committee may. acting by
unanimity and with the consent of such government or entity, replace the initial Operating
Agent. References in this Agreement to the "Operating Agent " shall include any govern­
ment or entity appointed to replace the original Operating Agent under this paragraph .
(e)            Resignation . An Operating Agent shall have the right to resign at any
time, by giving six months written notice to that effect to the Executive Committee, provided
that :
               (1)   A Participant, or entity designated by a Participant, is at such time
                     willing to assume the duties and obligations of the Operating Agent and
                     so notifies the Executive Committee and the other Participants to that
                     effect, in writing, not less than three months in advance of the effective
                      date of such resignation ; and
                (2)  Such Participant or entity is approved by the Executive Committee,
                      acting by unanimity.
 (f)           Accounting. An Operating Agent which is replaced or which resigns as
 Operating Agent shall provide the Executive Committee with an accounting of any monies
 and other assets which it may have collected or acquired for the Task in the course of
 carrying out its responsibilities as Operating Agent.
 ---pagebreak--- (g)           Transfer of Rights. In the event that another Operating Agent is appointed
under paragraph (d) or (e) above , the Operating Agent shall transfer to such replacement
Operating Agent any property rights which it may hold on behalf of the Task .
                                           Article 5
                            ADMINISTRATION AND STAFF
(a)           Administration of Tasks. Each Operating Agent shall be responsible to the
Executive Committee for implementing its designated Task in accordance with this Agree­
ment, the applicable Task Annex, and the decisions of the Executive Committee.
(b)           Information and Reports. Each Operating Agent shall furnish to the
Executive Committee such information concerning the Task as the Committee may request
and shall each year submit, not later than two months after the end of the financial year,
a report on the status of the Task.
(c)           Staff. It shall be the responsibility of the Operating Agent to retain such
staff as may be required to carry out its designated Task in accordance with rules determined
by the Executive Committee. The Operating Agent may also, as required, utilise the
services of personnel employed by other Participants (or organisations or other entities
designated by Contracting Parties) and made available to the Operating Agent by second­
ment or otherwise. Such personnel shall be remunerated by their respective employers
and shall, except as provided in this Article, be subject to their employers' conditions of
service. The Contracting Parties shall be entitled to claim the appropriate cost of such
remuneration or to receive an appropriate credit for such cost as part of the Budget of
the Task , in accordance with Article 6 (f) ( 6) hereof.
                                            Article 6
                                           FINANCE
 (a)           Individual Obligations.    Each Contracting Party shall bear the costs it incurs
 in carrying out this Agreement, including the costs of formulating or transmitting reports
 and of reimbursing its employees for travel and other per diem expenses incurred in
 connection with work carried out on the respective Tasks, unless provision is made for
 such costs to be reimbursed from common funds as provided in paragraph (g) below .
 (b)           Common Financial Obligations. Participants wishing to share the costs
 of a particular Task shall agree in the appropriate Task Annex to do so. The apportion­
 ment of contributions to such costs (whether in the form of cash , services rendered, intel­
lectual property or the supply of materials) and the use of such contributions shall be
 governed by the regulations and decisions made pursuant to this Article by the Executive
Committee.
 ---pagebreak--- (c)             Rules of Procurement, Expenditure. The Executive Committee, acting by
unanimity, may make such regulations as are required for the sound financial management
of each Task including, where necessary:
                ( 1 ) Establishment of budgetary and procurement procedures to be used by
                      the Operating Agent in making payments from any common funds
                      which may be maintained by Participants for the account of the Task
                      or in making contracts on behalf of the Participants ;
                (2)   Establishment of minimum levels of expenditure for which Executive
                      Committee approval shall be required, including expenditure involving
                      payment of monies to the Operating Agent for other than routine salary
                      and administrative expenses previously approved by the Executive
                      Committee in the budget process .
In the expenditure of common funds, the Operating Agent shall take into account the
necessity of ensuring a fair distribution of such expenditure in the Participants' countries,
where this is fully compatible with the most efficient technical and financial management
of the Task . .          .                                                                ' ,
(d)    '        Crediting of Income to Budget.      Any income which accrues from a Task
shall be credited to the Budget of that Task. ;                                  y- -         C
(e)           . Accounting.     The. system of accounts employed by the Operating Agent,
shall be in accordance with accounting principles generally accepted in the country of the.
Operating Agent and consistently applied.
(f)             Programme of Work and Budget, Keeping of Accounts. Should Participants
agree to maintain common funds for the payment of obligations under a Programme of
Work and Budget of the Task , accounts shall be maintained as follows unless otherwise
decided by the Executive Committee, acting by unanimity:
                 (1)  The financial year of the Task shall correspond to the financial year -of
                      the Operating Agent ;
                 (2)  The Operating Agent shall each year prepare and submit to the Executive
                      Committee for approval a draft Programme of Work and Budget ,
                  -    together with an indicative programme of work and budget for the
                      following two years, not later than three months before the beginning of
         '* .          each financial year;                                        ■'
                 (3) The Operating Agent shall maintain complete, separate financial records-
                       which shall clearly account for' all funds and property coming into the
                       custody or possession of the Operating Agent in connection with the
                       Task ;
                 (4)   Not later than three months after the close of each financial year the
                       Operating Agent shall submit to auditors selected by the Executive
                       Committee for audit the annual accounts maintained for the Task ; upon
                       completion of the annual audit, the Operating Agent shall present the
 ---pagebreak---                      accounts together with the auditors' report to the Executive Committee
                     for approval ;
              (5) All books of account and records maintained by the Operating Agent
                     shall be preserved for at least three years from the date of termination
                     of the Task ;
              (6) Where provided in the relevant Annex, a Participant supplying services,
                     materials or intellectual property to the Task shall be entitled to a
                     credit, determined by the Executive Committee, acting by unanimity,
                     against its contribution (or to compensation, if the value of such
                     services, materials or intellectual property exceeds the amount of the
                     Participant's contribution ); such credits for services of staff shall be
                     calculated on an agreed scale approved by the Executive Committee
                     and include all payroll-related costs.
(g)           Contribution to Common Funds. Should Participants agree to establish
common funds under the annual Programme of Work and Budget for a Task , any financial
contributions due from Participants in a Task shall be paid to' the Operating Agent in
the currency of the country of the Operating Agent at such times and upon such other
conditions as the Executive Committee, acting by unanimity, shall determine, provided
however that :
              (1 )   Contributions received by the Operating Agent shall be used solely in
                     accordance with the Programme of Work and Budget for the Task ;
              (2)    The Operating Agent shall be under no obligation to carry out any work
                     on the Task until contributions amounting to at least fifty per cent
                     (in cash terms) of the total due at any one time have been received .
(h)           Ancillary Services. Ancillary services may, as agreed between the Executive
Committee and the Operating Agent, be provided by that Operating Agent for the operation
of a Task and the costs of such services, including overheads connected therewith , may bo
met from budgeted funds of that Task.
(i)           Taxes. The Operating Agent shall pay all taxes and similar impositions
(other than taxes on income ) imposed by national or local governments and incurred by it
in connection with a Task, as expenditure incurred in the operation of that Task under
the Budget ; the Operating Agent shall, however, endeavour to obtain all possible exemptions
from such taxes.
 (j)          Audit. Each Participant shall have the right, at its sole cost , to audit the
 accounts of any work in a Task for which common funds are maintained on the following
 terms :
               ( 1 ) The Operating Agent shall provide the other Participants with an
                      opportunity to participate in such audits on a cost-shared basis ;
               ( 2)   Accounts and records relating to activities of the Operating Agent other
                      than those conducted for the Task shall be excluded from such audit ,
 ---pagebreak---                       but if the Participant concerned requires verification of charges to the
                      Budget representing services rendered to the Task by the Operating
                      Agent, it may at its own cost request and obtain an audit certificate
                      in this respect from the auditors of the Operating Agent;
               (3)   Not more than one such audit shall be required in any financial year;
               (4)   Any such audit shall be carried out by not more than three representatives
                      of the Participants.
                                            Article 7
                  INFORMATION AND INTELLECTUAL PROPERTY
 It is expected that for each Task agreed to pursuant to this Agreement, the applicable Annex
 will contain information and intellectual property provisions. The General Guidelines
 Concerning Information and Intellectual Property, approved by the Governing Board of
 the Agency on 21st November, 1975 , shall be taken into account in developing such,
 provisions.
                                            Article 8
                      LEGAL RESPONSIBILITY AND INSURANCE
( a)           Liability of Operating Agent. The Operating Agent shall use all reasonable
skill and care in carrying out its duties under this Agreement in accordance with all
applicable laws and regulations. Except as otherwise provided in this Article, the cost
of all damage to property, and all expenses associated with claims, actions and other costs
arising from work undertaken with common funds for a Task shall be charged to the
Budget of that Task ; such costs and expenses arising from other work undertaken for a
Task shall be charged to the Budget of that Task if the Task Annex so provides or the
Executive Committee, acting by unanimity, so decides.
(b )           Insurance. The Operating Agent shall propose to the Executive Committee
all necessary liability, fire and other insurance, and shall carry such insurance as the
Executive Committee may direct. The cost of obtaining and maintaining insurance shall
be charged to the Budget of the Task.
(c)            Indemnification of Contracting Parties. The Operating Agent shall be liable,
in its capacity as such , to indemnify Participants against the cost of any damage to
property and all legal liabilities, actions, claims, costs and expenses connected therewith
to the extent that they:
 ---pagebreak---   ►    • -
                                            - |0 -
               (1)    Result from the failure of the Operating Agent to maintain such
                      insurance as it may be required to maintain under paragraph (b ) above ;
                      or
                (2)   Result from the gross negligence or wilful misconduct of any officers
                      or employees of the Operating Agent in carrying out their duties under
                      this Agreement.
                                           Article 9
                                LEGISLATIVE PROVISIONS
(a)            Accomplishment of Formalities. Each Participant shall request the appro­
priate authorities of its country (or its Member States in the case of an international
organisation) to use their best endeavours, within the framework of - applicable legislation ,
to facilitate the accomplishment of formalities involved in the movement of persons, the
importation of materials and equipment and the transfer of currency which shall be
required to conduct the Task in which it is engaged.
(b)            Applicable Laws. In carrying out this Agreement and its Annexes , the
Contracting Parties shall be subject to the appropriation of funds by the appropriate govern­
mental authority, where necessary, and to the constitution , laws and regulations applicable
to the respective Contracting Parties, including, but not limited to, laws establishing
prohibitions upon the payment of commissions, percentages, brokerage or contingent fees
to persons retained to solicit governmental contracts and upon any share of such contracts
accruing to governmental officials.
(c)            Decisions of Agency Governing Board. Participants in the various Tasks shall
take account, as appropriate, of the Guiding Principles for Co-operation in the Field of
Energy Research and Development, and any modification thereof, as well as other decisions
of the Governing Board of the Agency in that field . The termination, of the Guiding
 Principles shall not affect this Agreement, which shall remain in force in accordance with
 the terms hereof.
(d)             Settlement of Disputes. Any dispute among the Contracting Parties con­
cerning the interpretation or the application of this Agreement which is not settled by
 negotiation or other agreed mode of settlement, shall be referred to a tribunal of three
 arbitrators to be chosen by the Contracting Parties concerned who shall also choose the
 Chairman of the tribunal . Should the Contracting Parties concerned fail to agree upon
 the composition of the tribunal or the selection of its Chairman, the President of the
 International Court of Justice shall, at the request of any of the Contracting Parties con­
 cerned, exercise those responsibilities. The tribunal shall decide any such dispute by
 reference to the terms of this Agreement and any applicable laws and regulations, and
  its decision on a question of fact shall be final and binding on the Contracting Parties.
  Operating Agents which are not Contracting Parties shall be regarded as Contracting
  Parties for the purpose of this paragraph.
 ---pagebreak---                                               _   I» -
                                           Article 10
         ADMISSION AND WITHDRAWAL OF CONTRACTING PARTIES
(a)            Admission of New Contracting Parties: Agency Countries. Upon the
invitation of the Executive Committee, acting by unanimity, admission to this Agree­
ment shall be open to the government of any Agency Participating Country (or a national
agency, public organisation, private corporation, company or other entity designated
by such government), which signs or accedes to this Agreement, accepts the rights and
obligations of a Contracting Party, and is accepted for participation in at least one Task
by the Participants in that Task, acting by unanimity. Such admission of a Contracting
 Party shall become effective upon the signature of this Agreement by the new Contracting
 Party or its accession thereto and its giving Notice of Participation in one or more Annexes
 and the adoption of any consequential amendments thereto.
 (b)           Admission of New Contracting Parties: Other OECD Countries. The govern­
 ment of any Member of the Organisation for Economic Co-operation and Development
 which does not participate in the Agency may, on the proposal of the Executive Committee , -
 acting by unanimity, be invited by the Governing Board of the Agency to become a Con­
 tracting Party to this Agreement (or to designate a national agency, public organisation ,
 private corporation, company or other entity to do so), under the conditions stated in
 paragraph (a) above.
 (c)           Admission of New Participants in Tasks. Any Contracting Party may, with
the agreement of the Participants in a Task, acting by unanimity, become a Participant in
that Task. Such participation shall become effective upon the Contracting Party's giving
the Executive Director of the Agency a Notice of Participation in the appropriate Task
Annex and the adoption of consequential amendments thereto.
(d) ^          Contributions. The Executive Committee may require, as a condition to
admission to participation, that the new Contracting Party or new Participant shall
contribute (in the form of cash, services or materials) an appropriate proportion of the
prior budget expenditure of any Task in which it participates.
(e)           Replacement of Contracting Parties. With the agreement of the Executive
Committee, acting by unanimity, and upon the request of a government, a Contracting
Party designated by that government may be replaced by another party. In the event of
such replacement, the replacement party shall assume the rights and obligations of a
Contracting Party as provided in paragraph (a) above and in* accordance with the procedure
provided therein.
(f)            Withdrawal. Any Contracting Party may withdraw from this Agreement or
from any Task either with the agreement of the Executive Committee, acting by unanimity,
or by giving twelve months written Notice of Withdrawal to the Executive Director or Jie
Agency, such Notice to be given not less than two years after the dace hereof. The with­
 drawal of a Contracting Party under this paragraph shall not affect the rights and obligations
                                                  Rev.
 ---pagebreak--- of the other Contracting Parties; except that, where the other Contracting Parties have
contributed to common funds for a Task, their proportionate shares in the Task Budget
shall be adjusted to take account of such withdrawal.
(g)            Changes of Status of Contracting Party. A Contracting Party other than a
government or an international organisation shall forthwith notify the Executive Committee
of any significant change in its status or ownership, or of its becoming bankrupt or entering
into liquidation . The Executive Committee shall determine whether any such change in
status of a Contracting Party significantly affects the interests of the other Contracting
Parties ; if the Executive Committee so determines, then , unless the Executive Committee,
acting upon the unanimous decision of the other Contracting Parties, otherwise agrees :
                (1)   That Contracting Party shall be deemed        nave withdrawn from the
                      Agreement under paragraph (3) above c.. a date to be fixed by the
                      Executive Committee; and
                (2)  The Executive Committee shall invite the sovernment which desisnared
                      that Contracting Party to designate, within a period of three mont.-.s of
                      the withdrawal of that Contracting Party, a different entity 10 become
                      a Contracting Party; if approved by the Executive Committee, acting
                      by unanimity, such entity shall become a Contracting Party with effect
                      from the date on which it signs or accedes to this Agreement and gives
                      the Executive Director of the Agency a Notice of Participation ir. one
                      or more Annexes.
 (h) ;         Failure to Fulfil Contractual Obligations. Any Contracting Party which          *
 to fulfil its obligations under this Agreement within sixty days after its receipt of no tic :-
 specifying the nature of such failure and invoking this paragraph , may be deemed by tr. :
 Executive Committee, acting by unanimity, to have withdrawn from this Agreement.
                                           Article 11
                                     FINAL PROVISIONS
(a)             Term of Agreement. This Agreement shall rc.;.ain in force for an initial
period of six years from the date hereof, and shall contLv.:i in force thereafter unless
 and until the Executive Committee, acting by unanimity, deci^-s on its termination.
(b)             Legal Relationship of Contracting Parties and Participants. Nothing in this
 Agreement shall be regarded as constituting a partnership between any of the Contracting
 Parties or Participants.
 (c)            Termination. Upon termination of this Agreement, or any Annex to this
 Agreement, the Executive Committee, acting by unanimity, shall arrange for the liquidation
 of the assets of the Task or Tasks. In the event of such liquidation, the Executive
 Committee shall, so far as practicable, distribute the assets of the Task, or the proceeds
 ---pagebreak---                                              - 13 -
 therefrom, m proportion to the contributions which the Participants have made from the
 beginning of the operation of the Task, and for that purpose shall take into account the
 contributions and any outstanding obligations of former Contracting Parties. Disputes
 with a former Contracting Party about the proportion allocated to it under this paragraph
 shall be settled under Article 9 (d) hereof, for which purpose a former Contracting Party
 shall be regarded as a Contracting Party.
 (d)           Amendment. This Agreement may be amended at any time by the Executive
 Committee, acting by unanimity, and any Annex to this Agreement may be amended at
 any time by the Executive Committee,, acting by unanimity of the Participants in the Task
 to which the Annex refers.   Such amendments shall come into force in a manner determined
by the Executive Committee, acting under the voting rule applicable to the decision to
adopt the amendment.
(e)            Deposit. The original of this Agreement shall be deposited with the Executive
Director of the Agency and a certified copy thereof shall be furnished to each Contracting
Party. A copy of this Agreement shall be furnished to each Agency Participating Country,
and to each Member country of the Organisation for Economic Co-operation and
Development.
                                      *
                 I                                     '
Done in Paris, this 5th day of October, 1977. "                           ~.
 ---pagebreak---                                     "+ -
                            %
For the EUROPEAN ATOMIC ENERGY COMMUNITY (EURATOM)
[JAPANJ
[SWITZERLAND]
[For the UNITED STATES ENERGY RESEARCH
AND DEVELOPMENT ADMINISTRATION
for and on behalf of the Government
of the United States of America:
or
For the UNITED STATES DEPARTMENT OF ENERGY
for and on behalf of the Government
of the United States of America]:
 ---pagebreak---                                           -/r-
                                           Annex I
                                     LARGE COIL TASK
1.   Objectives
           The Large Coil Task shall be undertaken in order to obtain experimental data,
to demonstrate reliable operation of large superconducting coils, and to prove the design
principles and fabrication techniques proposed for the magnets in a tokamak Experimental
Power Reactor.
2.  Means
           The Participants shall implement the Large Coil Task, on a task-sharing basis
as provided in the Agreement ani this Annex.
           (a)  Planning and Construction of the Large Coil Test Facility (LCTF)
                (1)    In consultation with the other Participants, the Operating Agent shall
                       fund, design, construct and operate the LCTF as described in
                       document IEA/CRD(77)57, which may be amended by the Executive
                       Committee, acting by unanimity. As the design of the LCTF
                       progresses, the Operating Agent shall keep the other Participants
                       informed on any major additional elements of facility design and its
                       capabilities.
                ( 2)   The Participants shall make suggestions relating to the planning and
                       design of the LCTF.
           (b)  Design and Fabrication of Test Coils
                 Each of the Participants shall design, fabricate, and deliver to the LCTF
                in Oak Ridge, Tennessee, U.S.A., one or more of its superconducting coils
                conforming to the parameters contained in document IEA/CRD(77)57
                which may be amended by the Executive Committee, acting by unanimity.
                                                                         «
           (c)  Assembly and Testing of Coils in a Compact Torus Array in the LCTF
                ( 1 ) The Operating Agent shall accept a maximum of three non-U.S.
                       origin coils in the first test assembly. The Operating Agent shall
                       also provide computer time to the Participants as required for the
                       conduct of the Test Programme referred to in paragraph 2(e) below.
                (2)    Each Participant shall participate in the Test Programme in accord­
                     , ance with its terms. Each Participant shall also provide all special
                       equipment necessary for the incorporation of its coils into the LCTF
                       and for the conduct of tests not provided for in the Test Programme.
                                             15
 ---pagebreak---                                  - 1 b­
(d) Task-Related Information Exchanges and Visits
( 1 ) Each Participant shall report on the progress on subsize coil design
      and fabrication to all other Participants as the information becomes
      available. Each Participant shall report anticipated helium coil
      cooling requirements to the Operating Agent.
(2) Each Participant shall supply the following information to the
      Operating Agent at least thirty days in advance of delivery of its
      coils to the LCTF site:
           (i)  Bate of delivery of the coils to the test site ;
         (ii)   Method of delivery and agent utilised ;
       (iii)    Total weight of coils and crates ;
       (iv)     Overall crate dimensions ;
                                                     4
         ( v; Any special precautions that should be taken during handling
                of the coils ;
        (vi) Manner in which the coils can be lifted (i.e. suspended through
                a single point or by a cradle under the crate);
       (vii)    Names of people that will be either accompanying the coils
                or will help uncrate and check out the condition of the coils ;
                and
      (viii)    Names of people that will help to test the coils.
      The Participants shall contact the Operating Agent a few months
      before shipping their coils in order to determine if there are any
      changes to or added requirements besides those enumerated above.
(3)   Each Participant should, at the time of the delivery of its coils to the
      LCTF site, distribute the following information to the other Parti-
      pants subject to the provisions of paragraph 5 below , and to
       the extent that the information is not proprietary .
           (i)   Description of the coils, including drawings and materials
                 uscd ;
          (ii)   Detailed design data of the coils and superconductors ;
         (iii)   Back-up analysis and test data that was utilised to evolve the
                 design of the coils ;
          (iv)   Description of fabrication methods of the coils and super­
                  conductors ; and
            (v)  Anticipated performance of the coils.
 ---pagebreak---                                 (4)   Each Participant shall use its best efforts to arrange visits for the
        -                             other Participants to coil fabrication installations in its country.
                     (e)       Detailed Test Procedures
                                Detailed procedures for the conduct of tests ("The Test Programme") shall,
                                not later than 31st December, 1979, be adopted by the Executive Com*
                                mittee, acting by unanimity, in agreement with the Operating Agent. : .
   3.     Administration and Staff (Supplementing Article 5 of the Agreement)                         *
        .            (a)       Administration of Task. The Operating Agent shall have sole responsibility
                               for the administration and provision of staff for this Task ; remuneration
                               of the staff of the Task shall be the' sole responsibility of the Operating
                               Agent. The Operating Agent shall adhere to the LCTF and Test Coil
                               Procurement Programme to be adopted by the Executive Committee, acting
                               by unanimity.
                    (b) Access to Test Facility.             Each Participant may schedule visits by its
                               personnel to the LCTF during the period of the Agreement.         The Operating
               ;         ^ Agent shall accept a maximum of three officials from each of the other
                               Participants at the LCTF site at any one time without prior notification :
                               the acceptance of additional officials shall be subject to the prior approval
                               of the Operating Agent. In addition to making the necessary arrangements
                               to facilitate access of Participants to the LCTF site, the Operating Agent
                               shall also provide office space at the LCTF site to the other Participants.
 4.       Funding and Rules of Procurement
                    (a) Costs of Participation.          The Operating Agent shall bear the cost of funding,
                               designing, constructing, and operating the LCTF. Each of the other
                               Participants shall bear the costs it incurs in carrying out this Agreement,
                               including the costs of formulating and transmitting reports, of designing,
                           . fabricating, delivering, and repatriating test coils, of reimbursing its
                               employees for travel and other per diem expenses, and of payment for the
                               salaries, insurance, and allowances to be paid to its personnel incurred in
y :        ■          V *■. connection with work carried out on the Task. The repatriation of test
                           : : coils shall be the sole responsibility of the Participant supplying the: test
    • '            ;           coils, which shall make all arrangements and bear all responsibility for
=.    .      '                 removal of the coils from the LCTF. The other Participants shall also
                               provide all special equipment necessary for the incorporation of coils into
                               the LCTF and for the conduct of tests not included in the agreed Test
                               Programme.        '                                                 v
                 ■ (b)         Rules of Procurement. The Operating Agent may enter into agreements
                               for the appointment of consultants, the construction of plant, and the
                          . procurement of materials in pursuit of the Task in accordance with its
                               procurement regulations.
 ---pagebreak--- 5. Information and Intellectual Property
        (a)   Executive Committee's Powers. The publication, distribution, handling,
              protection and ownership of information and intellectual property, and
              rules and procedures related thereto, shall be determined by the Executive
              Committee in conformity with the Agreement.
        (b)   Right to Publish. Subject only to the restrictions applying to patents and
              copyrights, the Participants shall have the right to publish all information
              provided to or a rising from this Project except proprietary information .
              For the purposes of this paragraph, proprietary information shall mean
              information of a confidential nature such as trade secrets and know-how
              (for example, computer programmes, design procedures and techniques,
              chemical composition of materials, or manufacturing methods, processes,
              or treatments) which are appropriately marked, provided such information:
              (1 )   Is not generally known or publicly available from other sources ;
              (2)    Has not previously been made available by the owner to others without
                     obligations concerning its confidentiality ; and
              (3 )   Is not already in the possession of the Operating Agent or Participants
                     without obligation concerning its confidentiality.
         (c)  Marking of Proprietary Information. It shall be the responsibility of each
              Participant to identify information it furnishes which qualifies as proprietary
              information under this paragraph and insure that it is appropriately marked .
              The Participants shall take all necessary measures in accordance with this
              paragraph, the laws of their respective countries and international law to
              protect proprietary information.
         (d)  Production of Relevant Information by Participants. The test facility and
              associated buildings and facilities to be used in this Task are being supplied
              by the Operating Agent, and the Operating Agent and the other Participants
              will be supplying superconducting coils to be tested in the test facility.
              Each Participant should endeavour to make available, or identify in the
              context of the Task , pre-existing information and information developed
              independently of the Task, known to it, which is relevant to the Task and
              which can be made available to the Task' without contractual or legal
              limitation. Each Participant supplying a superconducting coil to be tested
              under this Task shall supply to the Operating Agent full and complete
              information regarding the design , physical properties, operating character­
              istics, materials and construction of the superconducting coils supplied
              including proprietary information ( hereinafter referred to as " design
              information "), but need not supply information regarding the methods or
              processes by which the coils, their subcomponents or their materials were
              manufactured ( hereinafter referred to as "manufacturing information ").
         (e)  Reports on Information Relevant to the Task. Reports containing infor­
              mation arising in the course of or under the Agreement ("arising infor-
                                          18
 ---pagebreak---            mation") and pre-existing information necessary for and used in the Task,
           including coil design information, both proprietary and freely available,
          shall be provided to the Operating Agent by each Participant and shall'
          cover the work performed by the Participant on the superconducting coils
          supplied. A report summarising the work performed by each Participant
          and the Operating Agent, excluding proprietary information, shall be
          prepared by the Operating Agent and forwarded to the Executive Com­
          mittee.
if)      Licensing of Inventions and Information. Each Participant agrees to
         license, all pre-existing inventions and all pre-existing design information,
         including proprietary information owned or controlled by the Contracting
         Party which are necessary for utilising or testing, or which were incorporated .
         in the superconducting coils supplied by that Participant to the Operating
       utAgent as non-exclusive, royalty-free basis for use in the Task only. Each
          Participant also agrees to license all arising ddsign information
     p including proprietary information , and all information identified
           in paragraph 2 ( d ) of this Annex , on a non-exclusive , royalty
          basis to the Operating Agent for use in the task onty .
(g)      Licensing Design and Manufacturing Information for Research, Devel­
         opment or Demonstration Programmes. Each Participant agrees to license
         all pre-existing design information, including proprietary information,
         owned or controlled by the Participant, which is necessary for utilising
  .-     or manufacturing, or which was- incorporated in the superconducting coils
         supplied by that Participant, and all arising design information, including
         proprietary information, regarding the superconducting coils supplied by
      ' the Participant, to the other Participants on a non-exclusive, royalty-free
         basis for use in the research, development and demonstration programmes
         only of the other Participants. Each Participant similarly agrees to license
         on the same basis and for the same purpose all pre-existing manufacturing
         information, including proprietary information, necessary for utilising or
         manufacturing, or which was incorporated . in the superconducting coils
         supplied by that Participant and arising manufacturing information, includ­
         ing proprietary information, but only if that Participant cannot supply
     . additional superconducting coils, subcomponents or materials therefor at
         reasonable prices and within a reasonable time which are necessary for use
         in the research, development or demonstration programmes of the other
         Participants. Each Participant also agrees to license any pre-existing and
         arising invention owned or controlled by that Participant which is necessary
       . for the utilisation or manufacture, or which was incorporated in the super­
         conducting coils supplied by that Participant, to the other Participants on
         a non-exclusive, royalty-free basis for use in the research, development and
         demonstration programmes of the other Participants.
(h) Licensing for Commercial Use.. Each Participant agrees to license all pre­
         existing inventions and all pre-existing design and manufacturing infor­
         mation, including proprietary information, owned or controlled by the
         Participant which are necessary for utilising or manufacturing, or which
         were incorporated in the superconducting coils supplied by that Participant,
          to the other Participants, their governments and the nationals of their
                                        .. 3V ,
 ---pagebreak---                                      – 10  -
       respective countries designated by them for commercial purposes on ..
       favourable terms and conditions taking into account the equities of the
       Participants based upon the sharing of obligations, contributions, rights_
       and benefits of all Participants.
(i)    Licensing of Inventions and Information Arising from, the Task. Inven­
       tions made or conceived in the course of or under the Agreement ("arising
       inventions") and arising design and manufacturing information, including
       proprietary information, shall be owned in all countries by the inventing
       Participant. Each Participant shall license such arising inventions and
       information to the other Participants, their governments and the nationals
       of their respective countries designated by them for commercial purposes in
       all other countries on favourable terms and conditions taking into account
       the equities of the Participants based upon the sharing of obligations,
       contributions, rights and benefits of all Participants under the Agreement.
(f)    Licensing to Agency Participating Countries. . Each Participant agrees to
       license all arising information and inventions to all Agency Participating
       Countries on reasonable terms and conditions for use in their own country
     . in order to meet their own energy needs.
(k) Production of Information or Inventions Subject to Limitations. In
       situations where a Participant only partially owns or controls pre-existing
       information or inventions which are required to be licensed in the preceding
       sections of this paragraph, the Participant should endeavour to report that
       fact to the Participants and will use its best efforts to insure that the licens­
       ing as stipulated above is carried out and that the Participant will obtain
       no more benefit from such licensing than is provided for in this paragraph.
(I)    Copyrights.    Each Participant may take appropriate measures necessary to
       protect copyrightable material generated by it under the Agreement.
       Copyrights obtained shall be the property of the Participant, provided
       however, that the other Participants may reproduce and distribute such
    • material, but shall not publish it with a view to profit­
(m) Co-operation from Authors and Inventors. Each Participant will, without
       prejudice. 'to any rights of inventors or authors under its national laws,
       take all necessary steps to provide the co-operation from its authors and
       inventors required to carry out the provisions of this paragraph. Each
       Participant will assume the responsibility to pay awards or compensation
       required to be paid to its employees according to the laws of its country.
(n) "National" of a Participant. The Participants may establish guidelines to
       determine what constitutes a "national" of a Participant provided, however,,
        in recognition of the fact that all the fusion power research and devel­
        opment programmes of the individual Member states of the European
        Atomic Energy Community ( EURATOM) arc carried out jointly in the
        framework of EURATOM, and that EURATOM acts on behalf of itself
        and its associated national organisations In fusion power research and
 ---pagebreak---                                                  - il     -
                    development, the governments and countries referred to in sub-paragraphs
                    (h) and (i) above shall, with respect to EURATOM, be understood to the
                    governments and countries of the Member states of EURATOM. Disputes
                    that cannot be settled by the Participants shall be settled under Article 9 (d)
                    of the Agreement.
  6. Specific Responsibilities of the Operating Agent
             The Operating Agent shall develop and deliver to the other Participants periodic
  reports, at intervals mutually agreed upon, on the ongoing evaluations of systems perfor­
  mance resulting from execution of the Task described in this Annex. Further, the
  Operating Agent shall be responsible for taking all steps required to implement the Task
  in accordance with this Annex and with the decisions of the Executive Committee. Such
  responsibility shall include, but not be limited to:                     .
             (1) Operating all test equipment and such instrumentation which may be
                    installed in accordance with the Task;
             (2)   Recording the results of the operation of the experiments.
   7.   Operating Agent
                                                       0
             The Operating Agent for the Task shall be the United States Energy Research
' and Development Administration [or the United States Department of Energy]* which
   intends to act through the Fusion Energy Division of the Oak Ridge National Laboratory.
   8.   Responsibility, Insurance and Indemnity                                    •
              (a)   Liability of Operating Agent and Participants. Article 8 (a) of the
                     Agreement shall not apply to the Task. The Operating Agent shall use
                     all reasonable skill and care in carrying out its duties under this Agreement
                     in accordance with all applicable laws and regulations. ' Except as other­
                     wise provided in this paragraph, the cost of all damage to a Participant's
                     property and all its legal liabilities, claims, actions, and all its costs and
                     expenses connected with participation in the Task shall be borne by the
                    Participant.                     »
              (b) Insurance. Article 8 (b) of the Agreement shall not apply to the Task.
                     Each Participant shall obtain and carry the necessary liability, fire, accident,
                     and other insurance relating to its property and its personnel to participate
                  . in the Project. The cost of obtaining and maintaining insurance shall be
                     borne by each Participant.
              (c) Indemnification of Participants.       Article 8 (c) ( 1 ) of the Agreement shall
                     not apply to the Task.
 ---pagebreak---                                               - 22. -
9.   Suspension of Obligations
           The obligations of each of the Participants shall be suspended for any period
 during which such Participant is prevented or substantially hindered from complying there­
with in whole or part by any cause beyond its control including, but not limited to acts
of God, unavoidable accidents, Iawsr rules, regulations or orders, or any national, state,
governmental or local authority, acts of war or conditions arising out of or attributable to
war, strikes, lockouts or other disputes with workpeople, shortages of materials, equipment
or labour or shortages of or delays in transportation ; the Participant so prevented or
hindered shall give notice to the other Participants promptly after the start and finish of
such prevention or hindrance.
10.    Time Period
           This Annex shall remain in force until 30th September, 1982, or until the
completion of the Test Programme. This Annex may continue in force thereafter during
the life of the Agreement by decision of the Executive Committee, acting by unanimity.
11 .  Participants in this Task
           The Contracting Parties which are Participants in this Task are the following:
           The European Atomic Energy Community (EURATOM)
           [Japan]
           [Switzerland]
           [The United States Energy Research and Development Administration
           or
           The United States Department of Energy]
 ---pagebreak---                                                                      ANNEX C
           DRAFT COUNCIL DECISION ISSUING A DIRECTIVE TO THE
           COMMISSION ON PARTICIPATION BY THE EAEC IN TWO RED
           AGREEMENTS IN THE FIELD OF THERMONCULEAR FUSION
           PREPARED UNDER THE AUSPICES OF THE INTERNATIONAL
                            ENERGY AGENCY ( OECD )
         The Council of the European Communities ,
        Having regard to the Treaty establishing the European Atomic
 Energy Community ( EAEC ), and in particular the second paragraph of
 Article 101 thereof ,
        Having regard to the draft prepared by the Commission ,
        Whereas the International Energy Agency ( IEA ), established on
 15 November 1974 by decision of the OECD Council and forming an auto­
 nomous body within that Organization , "by decision of its Governing
•Board, approved on- ' 25 July 1975 " Cfuiding Principles" in the field of
 energy research and development ;
        Whereas on the same date     the Governing Board of the IEA approved
 in particular :
        a programme for co-operation in the field of controlled thermo­
        nuclear fusion ;
        Whereas , pursuant to -Article 4 ( c ) of the aformentioned " Guiding
 Principles", the European Communities may take part in any co-operative
 R&D programme or project initiated under the auspices of the IEA ;
 ---pagebreak---         Whereas , letters were exchanged "between the EEC and
the EAEC on the one hand and the IEA on the other , on the 24 June 1976
and 6 July 1976 respectively , stating
-    first , that the EEC and the        EAEC intend to cooperate with the
     IEA in research and development when such cooperation is likely to
     contribute towards the attainment of the research and development
     objectives of the Community in the field of energy
        This cooperation can "be achieved through Community participation
in the programmes and projects of the IEA .      In particular , the Commission
of the European Communities shall negotiate , on a case "by case "basis ,
" Implementing Agreements " in accordance with the provisions of the Treaties
establishing the European Communities ;
–    and secondly ,     that the IEA notes this intention and confirms that
     such participation is open to the European Communities ;
        Whereas , under the auspices of the IEA , draft Implementing Agree­
ments for a Programme of Research and Development on Plasma Wall Inter­
action in Tertor and a draft Implementing Agreement for a programme of
research and development on superconducting magnets for fusion power have
"been prepared ;
        Whereas , "by Council   ecision on 25 March 1976 a Research and Training
Programme ( 1976-1 980 ) for the EAEC in the field of fusion and Plasma
Physic was adopted ,
HAS DECIDED AS FOLLOWS :
                              ARTICLE  I
        The Commission shall negotiate the participation of the EAEC m
 the Implementing Agreement for a Programme of Research and Development
 on T'lasma Wall Interaction in Textor and in the task set out in the Annex
 "to the A*'re emeni .
 ---pagebreak---                            - 3 -
                         ARTICLE II
The Commission shall negotiate the participation of the EAEC in the
Implementing Agreement for a Programme of Research and Development on
Superconducting Magnets for Fusion Power and in the task  set out in the
Annex to the Agreement .
 ---pagebreak---                                                            ANNEX 0
                      DRAFT COUNCIL DECISION APPROVING
1 ) the Implementing Agreement for a programme of research and
    development on Plasma Wall Interaction in Textor
2) the Implementing Agreement for a programme of research and
    development on superconducting magnets for fusion power
The Council of the European Communities /
Having regard to the Treaty establishing the European Atomic
Energy Community / and in particular the second paragraph of Article 101 thereof;
Having regard to the draft prepared "by the Commission ,
Having regard to the exchange of letters between the Commission of the
European Communities and the International Energy Agency ( IEA ) stating
the intention of the Euro      Communities to participate in certain
 research and development agreements prepared under the auspices of the
IEA;
Whereas the Commission has negotiated its participation in accordance
with the Council 's directives and intends to conclude the Implementing
Agreement for a programme of research and development on Plasma Wall
Interaction in Textor and the Implementing Agreement for a programme of
research and development on superconducting magnets for fusion power , which
have been prepared under the auspices of the International Energy Agency ;
Whereas the conclusion of these two agreements should "be approved,
HAS DECIDES AS FOLLOWS :
 ---pagebreak---                            Article 1
The conclusion of the Implementing Agreement for a programme of
research and development on Plasma Wall Interaction in Textor is hereby
approved .
                           Article 2
The conclusion of the Implementing Agreement of . a programme research
and development on superconducting magnets for fusion power is here"by
approved .
 ---pagebreak---                   FICHE FINANCIERE
Implementing Agreement for a programme of Research and Development
on Plasma Wall Interaction in Text or .
Implementing Agreement for a programme of Research and Development
on Superconducting magnets for fusion power .
The participation of the Community in these Agreements does not
involve financial commitments "beyond those already approved within
existing Association Contracts .  See "Fusion and Plasma Physics "
Chapter 3*20 .
 By signing these Agreements Euratom will undertake certain tasks as
 specified.