CELEX: 51998PC0328
Language: en
Date: 1998-05-20
Title: Draft Council Decision concerning the extension of the duration of the Agreement among the European Atomic Energy Community, the Government of Japan, the Governement of the Russian Federation, and the Government of the United States of America on cooperation in the Engineering Design Activities (EDA) for the International Thermonuclear Experimental Reactor (ITER)

COMMISSION OF THE EUROPEAN COMMUNITIES
                                             Brussels, 20.05.1998
                                             COM(1998) 328 final
                                    Draft
                           COUNCIL DECISION
CONCERNING THE EXTENSION OF THE DURATION OF THE AGREEMENT AMONG THE EUROPEAN
ATOMIC ENERGY COMMUNITY, THE GOVERNMENT OF JAPAN, THE GOVERNMENT OF THE
RUSSIAN FEDERATION, AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA ON
COOPERATION IN THE ENGINEERING DESIGN ACTIVITIES (EDA) FOR THE INTERNATIONAL
THERMONUCLEAR EXPERIMENTAL REACTOR (ITER)
                       (presented by the Commission)
 ---pagebreak---  ---pagebreak---                          EXPLANATORY MEMORANDUM
SUBJECT:       EXTENSION OF THE DURATION OF THE ITER EDA AGREEMENT
 1.  The Agreement among the European Atomic Energy Community (EAEC), the
      Government of Japan, the Government of the Russian Federation, and the
      Government of the United States of America ("the Parties") on cooperation in
      the Engineering Design Activities (EDA) for the International Thermonuclear
      Experimental Reactor (ITER) ("the         ITER EDA Agreement"), concluded on
                     1
      21 July 1992 for a period of six years, is due to expire on 21 July 1998.
2.   In view of the progress accomplished in achieving the purpose of the ITER EDA
      Agreement and in order to provide the framework for jointly undertaking further
      activities, the Parties have been taking the necessary steps to allow the
      extension, by three years, of the duration of the ITER EDA Agreement.
     The possibility of such an extension is provided for by Article 25(2) of the ITER
     EDA Agreement.          As for the EAEC Party, such an extension falls under
     Article 101 second paragraph of the Treaty establishing the EAEC.
     In addition it is to be noted that the envisaged three-year extension is in line with
     the political agreement reached by the Council on 12 February 1998 on the Fifth
     Euratom     Framework     Programme      as   far as   the  key   action   controlled
     thermonuclear fusion is concerned.
     In its Decision of 8 April 1998, the Council adopted Directives for the
     Commission to conduct negotiations on the three-year extension of the ITER
     EDA Agreement with reference to the terms of the "Draft Understandings for the
     extension of the duration of the ITER EDA Agreement" which specify the
     possible ITER site(s)-specific activities and other technical and enabling activities
     to be undertaken jointly with the objective of preparing for possible future
     decisions on the construction of ITER.
3.  The results of the quadripartite negotiations are contained in the document
     entitled "Understandings for the extension of the duration of the ITER EDA
     Agreement" which is annexed to the enclosed proposal for a Council Decision.
    OJnoL244, 26.8.92, p. 14
 ---pagebreak--- The content of these "Understandings" is identical to the one of the "Draft
Understandings" referred to in the negotiation Directives except for the following
modifications (upon EAEC negotiators' request to comply with the Council
Directives):
     at the end of point 111.1) the sentence ", as well as information on the
      possible impact of broader concepts on the development path towards
     fusion energy" has been added;
      the order of Section II and Section III has been inverted.
As for the EAEC Party:
     the Consultative Committee for the Fusion Programme (CCFP) has
      considered that, in light of the above, the "Understandings" represent the
      most appropriate basis for the ITER site(s)-specific activities and other
      technical and enabling activities to be undertaken jointly during the
      envisaged three-year extension with the objective of preparing for possible
      future decisions on the construction of ITER;
      in order to prepare the Joint Assessment for use by each Party, referred to
      under II.3) of the "Understandings", the Commission intends to organize a
      European assessment, to be conducted by a group - of a limited size - of
      experts in Spring 1999;
      according to the Draft Final Design Report, Cost Review and Safety
      Analysis made available last December to the Parties for their evaluation,
      the ITER design respects the environmental and safety constraints for the
      construction and operation of the experimental reactor. Special attention
      will   be  devoted    to  these   specific   aspects   by  the  Commission;
 ---pagebreak---           for the three-year extension, the EAEC share implied by the joint activities
          specified in the "Understandings", is of about 66 MECUs (Community
          contribution) half of which to support the design work at the Joint Central
          Team - at San Diego, Naka and Garching - and in the Union, the rest being
          for the technology R&D (and other enabling activities) to be performed in
          the Union.     Furthermore, the Community would continue to support the
          cost    of   the   Garching     ITER  Joint  Work    Site  at  a   level  of
          about 2 MECUs/year.
5.  Moreover, upon the EAEC Party's request, the quadripartite negotiations have
     allowed to explore the possibility of informing the Parliaments of the Parties on
    the ITER developments through the creation of a select parliamentary committee
     consisting of members of the four Parliaments.         As a result, the Parties
    representatives to the ITER Council have stated willingness to examine the
    feasibility of establishing, within the framework of the ITER EDA Agreement, an
    appropriate international forum to accommodate such a broader range of
    interests associated with ITER.
6. In view of the above, the Commission proposes that the Council adopt, in
    application of Article 101 second paragraph of the Treaty establishing the EAEC,
    the draft Council Decision attached hereto authorizing the Commission to extend
    the duration of the ITER EDA Agreement by signing the "Amendment extending
   the ITER EDA Agreement" annexed to the draft Council Decision.
 ---pagebreak---                                         DRAFT
                                COUNCIL DECISION
                               of
concerning the extension of the duration of the Agreement among the European Atomic
Energy Community, the Government of Japan, the Government of the Russian
Federation, and the Government of the United States of America on cooperation in the
Engineering Design Activities (EDA) for the International Thermonuclear Experimental
Reactor (ITER).
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Atomic Energy Community, and
in particular the second paragraph of Article 101 thereof,
Having regard to the draft Decision submitted by the Commission,
Whereas the Commission has, in accordance               with the  Council Directives of
8 April 1998, conducted negotiations on the extension of the Agreement among the
European Atomic Energy Community, the Government of Japan, the Government of the
Russian Federation, and the Government of the United States of America on
cooperation     in the  Engineering  Design    Activities   (EDA) for the  International
Thermonuclear Experimental Reactor (ITER) ("the ITER EDA Agreement"),
Whereas the extension of the duration of the ITER EDA Agreement should be approved;
HAS DECIDED AS FOLLOWS:
 ---pagebreak---                                          Sole Article
The extension, by the Commission, for and on behalf of the Community, of the duration
of the Agreement among the European Atomic Energy Community, the Government of
Japan, the Government of the Russian Federation, and the Government of the United
States of America on cooperation in the Engineering Design Activities for the
International Thermonuclear Experimental Reactor is hereby approved.
The text of the Amendment extending the ITER EDA Agreement is annexed to this
Decision, together with the text of the Understandings for the extension of the duration
of the ITER EDA Agreement.
Done at
                                                       For the Council
                                                      The President
 ---pagebreak---                                                                             ANNEX I
                AMENDMENT EXTENDING THE ITER EDA AGREEMENT
AMENDMENT EXTENDING THE ITER EDA AGREEMENT AMONG THE EUROPEAN
ATOMIC ENERGY COMMUNITY, THE GOVERNMENT OF JAPAN, THE GOVERNMENT
OF THE RUSSIAN FEDERATION, AND THE GOVERNMENT OF THE UNITED STATES OF
AMERICA ON COOPERATION IN THE ENGINEERING DESIGN ACTIVITIES FOR THE
INTERNATIONAL THERMONUCLEAR EXPERIMENTAL REACTOR
The European Atomic Energy Community, the Government of Japan, the Government
of the Russian Federation, and the Government of the United States of America ("the
Parties"),
HAVING REGARD to the Agreement among the Parties on Cooperation in the
Engineering Design Activities (EDA) for the International Thermonuclear Experimental
Reactor (ITER), concluded on 21 July 1992 ("the Agreement"), and the Protocol 2 to
the Agreement concluded on 21 March 1994,
NOTING the progress achieved and the proposals made on approaches to continued
joint implementation, all within the framework of the Agreement,
DESIRING to continue to work jointly within the framework of the Agreement to enable
future decisions on construction and operation of ITER in accordance with Article 1 of
the Agreement, and
ACTING in accordance with Articles 22 and 25(2) of the Agreement,
 HAVE AGREED to amend the Agreement AS FOLLOWS:
                  Replace "six years" in Article 25(1) by "nine years",
 ---pagebreak--- This Amendment shall enter into force upon signature of the Parties.
for the European                Date          for the Government        Date
Atomic Energy Community                       of Japan
for the Government              Date          for the Government of the Date
of the Russian Federation                     United States of America
 ---pagebreak---                                                                            ANNEX II
      UNDERSTANDINGS FOR THE EXTENSION OF THE DURATION OF
                            THE ITER EDA AGREEMENT
Scope of Joint Technical Activities
1)     Site(s)-Specific Activities:
             Site(s)-specific design adaptations and their cost estimates
             Safety analysis and technical support for preparation of license
             applications
2)    Design, including broader options and their cost estimates, prototype testing
      and R&D, including physics studies
3)    Preparation of documentation for future procurement incorporating results of
      items 1 ) and 2) noted above
Other Enabling Activities
The Parties will also:
1)     develop proposals and all necessary supporting information for the complete
      realization of ITER including a draft agreement for construction and operation
      and associated draft implementing arrangements, as well as information on
      the possible impact of broader concepts on the development path towards
      fusion energy;
2)    adapt the structures and modes of JCT/HTs' operation with a view to
      launching an efficient start of future construction, if and when so decided;
3)    near the end of the second year, jointly review the Joint Technical Activities
      in I. above, e.g., licensing preparations, cost estimates, organizational
      evolution, construction preparations and domestic situations and, thereupon,
      prepare a Joint Assessment for use by each Party.
Parties' Support of the Joint Activities
1)    Site(s)-Specific Activities
      Every Party will have an interest and involvement in the work to be based on
      all site characteristics provided. The work, therefore, will be undertaken
      jointly and managed accordingly under the responsibility of the ITER Director
      within the EDA framework with the exception of the preparation by native
 ---pagebreak---    speakers of documents required in the Host Party's/Country's language and
   formats.
   The interested Parties will:
         provide by the time of the 14th ITER Council meeting (IC-14,
         July 1998) site characteristics in line with the Site Requirements and
         Site Design Assumptions Document;
         enable on a timely basis informal dialogue with regulators for the
         purpose of preparing applications for licenses to build and operate
         ITER.
   The Director and the concerned Home Team (HT) Leaders will start informal
   consultation so that, in the light of the site characteristics provided by the
   interested Parties, tasks of 1.1) above can appear in the Work Programme to
   be submitted to IC-14 via the appropriate Management Advisory Committee
   (MAC) meeting.
   The design adaptations will be carried out with due emphasis on the control
   of the project's estimated cost.
2) General Support
   The Parties will:
         maintain the Joint Central Team (JCT) and undertake assigned tasks;
         provide voluntary contribution in various areas, including consolidating
         the scientific basis for activities in 1.2) above, e.g., by taking
         advantage of the existing voluntary arrangements;
         continue to provide Joint Work Sites (JWS) and support enhanced
         interconnection.
3)  Estimated Resources
    The estimated resources for the intended scope of work noted in I. above
    (beyond those already committed through Task Agreements) from the
    Director's proposals as supported by the ITER Council (IC-12 Record of
    Decisions 6.1.1, Attachment 9) are the following:
          JCT personnel               about 396 ppy
          HT design effort             about 370 ppy
          CAD support                  1 for each 4 designers
          Joint Fund                   about $ 2.5 M/y
          Technology R&D               about 175 klUA (ITER Units of Account)
                                                                               10
 ---pagebreak---            Each Party will make its best efforts to provide its share of the resources
           (Articles 12 and 14 of the Agreement) in fulfilment of its obligation in
           accordance with Article 17(1) of the Agreement.
 IV. Arrangements in Force
     1)      These Understandings will be in force during the extended period along with
           the previous sets of understandings, reached at the times of signing the
            Agreement and Protocol 2, unless otherwise determined among the Parties
            in writing.
#
   [ 2)    The current arrangements involving Other Countries pursuant to Article 19
            of the Agreement will continue to be in force.]
     3)    The IAEA will continue providing facilitations and assistance pursuant to
            Article 20 of the Agreement.
V.   Concluding Understanding
     The Parties will undertake the joint activities with a general intent to enable an
     efficient start of possible, future ITER construction, and do recognize the
     importance in this regard of pursuing preparatory efforts in all relevant domains.
     Pending confirmation by those concerned.
                                                                                        11
 ---pagebreak---  ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(98) 328 final
                                              DOCUMENTS
EN                                                             12 15  11 06
                                    Catalogue number : CB-CO-98-338-EN-C
                                                             ISBN 92-78-36462-2
Office for Official Publications of the European Communities
L-2985 Luxembourg
                                                                          •; ^