CELEX: 51994PC0343
Language: en
Date: 1994-09-07
Title: Draft COUNCIL DECISION concerning the conclusion, by the Commission, of the Memorandum of Understanding for cooperation between the European Atomic Energy Community and the Government of Canada in the field of controlled nuclear fusion

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                          É          COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                                           C0M(94) 343 f i n a l
                                                                                           B r u s s e l s , 07.09.1994
                                                                                Draft
                                                                           COUNCIL DECISION
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                                  concerning the conclusion, by the Commission, of the Memorandum of Understanding for
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 ---pagebreak---                           EXPLANATORY MEMORANDUM
1. Directives for the Commission to conduct negotiations on a Memorandum of
    Understanding (the "MoU") for cooperation between the European Atomic Energy
   Community ("Euratom") and the Government of Canada (the "Parties") in the field of
   controlled nuclear fusion were adopted by the Council on 7 November 1991. The
   negotiations resulted in the draft MoU which is annexed to the enclosed proposal for
   a Council Decision concerning the conclusion by the Commission of the MoU.
   The Commission considers that the text of the draft MoU is fully in line with the
   negotiation directives.
2. The performance of the Parties under the MoU will be subject to the availability of
   appropriated funds.
   The cooperative activities that will be carried out under the MoU will be technically and
   financially compatible with the objectives and the budgetary envelope foreseen for
   controlled thermonuclear fusion in the framework programme of Community activities
   in the field of research and training for the European Atomic Energy Community (1994-
   1998) and in the corresponding proposal for a Council Decision adopting a specific
   programme of research and training (1994-1998) in the field of controlled
   thermonuclear fusion and therefore will not have financial consequences for the
   Community budget.
3. The Consultative Committee for the Fusion Programme (CCFP) has been fully informed
   of the result of the negotiation of the MoU and encouraged at its 53rd meeting in
   March 1992 the possible involvement of Canada in the Euratom contribution to the ITER
   EDA according to the approach described under point 4. below.
 ---pagebreak--- 4. According to the draft MoU, the cooperation activities may include the involvement in
   either Party's contributions to projects involving third Parties such as ITER (International
   Thermonuclear Experimental Reactor) subject to the consent, if required, of such third
   Parties. Indeed, the main intended collaboration under the MoU is the involvement of
- Canada in the Euratom contribution to the quadripartite ITER EDA (Engineering Design
   Activities) pursuant to Article 19 the ITER EDA Agreement1 (the "EDA Agreement").
   Indeed, Canada, which possesses relevant specific capabilities especially in the fields
   of Tritium Technology and Remote Handling and can contribute specific research results
   and specialized manpower to the effort for ITER, has already been involved2 in the
   Euratom contribution to the quadripartite ITER CDA (Conceptual Design Activities)3.
   The involvement of Canada in the ITER EDA is anticipated to be governed by an
   Implementing Agreement between Euratom, represented by the Commission, and
   Atomic Energy of Canada Limited (AECL) which administrates the Canadian National
   Fusion Programme, designated as implementing agent by the Government of Canada
   (the "IA"). Such an IA is anticipated to be negotiated and concluded by the
   Commission pursuant to the third paragraph of Article 101 of the Treaty establishing
   the EAEC.
   The conditions of Canada's involvement as elaborated on the basis of bilateral technical
   explorations were approved by the ITER Council at its meetings of 21-22 April 1993
   and 27-28 January 1994.
   The following text has been elaborated for the draft IA:
       " 1. Euratom will involve Canada, through AECL, in its contribution to the EDA.
       2.   The Government of Canada, through AECL, has noted, and will comply with the terms of the EDA
            Agreement, its Annexes, Protocol 2, and the Negotiators' Shared Views4 (together with their
            attachments) accompanying Protocol 2.
       3.   The modalities for AECL's involvement in the process by which tasks are assigned by ITER to the
            Euratom Party will be agreed between the Director of the Canadian National Fusion Program, or
            a person designated by him, and the Director of the Euratom Fusion Programme, or a person
            designated by him. Subject to paragraph 2 above, the arrangements for such activities will be
            consistent with the provisions of the MoU.
       4.   AECL's involvement in the Euratom contribution to the resources that the four Parties have agreed
            to make available on an equal basis for the implementation of the EDA Agreement will consist of
            up to about $ CAN 4 millions a year in terms of ITER tasks (design and technology R&D) and of
            up to about five professionals as part of the Euratom contingent to the Joint Central Team.
            Canada's involvement will be at no cost to Euratom and will be subject to the availability of
            appropriated funds.
               OJ n°L 244, 26.8.1992,, p. 14
               OJ n°L 291, 25.10.1988, p. 75
               OJ n°L 102, 24.4.1988, p. 31                                                                   f
       4
            OJ n° L 114, 5.5.1994, p. 26.
 ---pagebreak--- 5.  Without prejudice to the full applicability of Annex C to the EDA Agreement in respect of the
    allocation of rights, title and interests in and to intellectual property created without the
    participation of Canada through AECL or its personnel the following provisions shall apply.
   5.1       If intellectual property is created by AECL or its personnel in Canada in the execution of a
       ...- -task assigned to the Home-Team of Euratom, Canada through AECL or Its personnel shall
             be entitled to acquire all right, title and interest in all countries in and to such intellectual
             property according to applicable laws and regulations, and subject to Euratom being granted
             licences with the right to sub-licence, on fair and reasonable terms for all purposes other
             than for research and development in controlled thermonuclear fusion as a source of energy
             for peaceful purposes. In that case, Canada through AECL shall ensure that the personnel
             of the Joint Central Team can freely use the protected subject matters for the execution
             of the tasks assigned to the Joint Central Team, and that all Parties including Euratom are
             granted an irrevocable, non-exclusive, royalty-free licence, with the right to sub-licence for
             research and development in controlled thermonuclear fusion as a source of energy for
             peaceful purposes.
     5.2     If intellectual property is created by AECL or its personnel, working in the Home Team of
              Euratom, in the execution of a task assigned to that Home Team, Canada through AECL or
              its personnel shall be entitled to acquire all right, title and interest in Canada. Likewise
              Euratom or its personnel shall be entitled to acquire all right, title and interest in and to any
              such intellectual property in its own territory, and in all third countries other than Canada.
              Euratom and Canada through AECL shall ensure that the personnel of the Joint Central
             Team can freely use the protected subject matter for the execution of the tasks assigned
             to the Joint Central Team, and that all Parties including Euratom are granted an irrevocable,
              non-exclusive, royalty-free licence, with the right to sub-licence for research and
              development in controlled thermonuclear fusion as a source of energy for peaceful
              purposes.
     5.3      If intellectual property is created by AECL or its personnel, which is seconded by Euratom
              to the Joint Central Team, the ITER Director shall promptly inform the ITER Council with a
              recommendation on the countries where intellectual property protection should be obtained.
              Each Party or its personnel and Canada through AECL and its personnel, shall, however, be
              entitled to acquire all right, title and interest in and to intellectual property in their respective
             territories. The ITER Council shall decide whether and how to seek such protection in third
              countries other than Canada. Each Party and Canada though AECL shall ensure that the
              personnel of the Joint Central Team can freely use the protected subject matter for the
              execution of the tasks assigned to the Joint Central Team, and that all Parties including
              Euratom are granted an irrevocable, non-exclusive, royalty-free licence, with the right to
              sub-licence for research and development in controlled thermonuclear fusion as a source of
              energy for peaceful purposes.
     5.4      If intellectual property is created by AECL or its personnel, which is seconded by Euratom
              to the Home Team of another Party (the receiving Party), subject to the relevant applicable
              laws:
              (i)          the receiving Party or its personnel shall be entitled to acquire all right, title, and
                           interest in and to any such intellectual property in all countries except Euratom
                           and Canada, subject to a non-exclusive, irrevocable, royalty-free licence, with the
                           right to sub-licence, to the other Parties for research and development on
                           controlled thermonuclear fusion as a source of energy for peaceful purposes;
               (ii)        Euratom or its personnel shall be entitled to acquire all right, title and interest in
                           and to any such intellectual property in its own territory, subject to a non-
                           exclusive, irrevocable, royalty-free licence, with the right to sub-licence, to the
                           other Parties for research and development on controlled thermonuclear fusion
                           as a source of energy for peaceful purposes;
                                                                                                                    J
 ---pagebreak---                 (iii)       Canada through AECL or its personnel shall be entitled to acquire all right, title
                            and interest in and to any such intellectual property in Canada, subject to a non-
                            exclusive, irrevocable, royalty-free licence, with the right to sub-licence, to the
                            other Parties for research and development on controlled thermonuclear fusion
                            as a source of energy for peaceful purposes.
           5.5  If intellectual property is created by personnel of one Party (the sending Party) which is
                seconded to Canada, subject to the relevant applicable laws:
                (i)         Canada through AECL or its personnel shall be entitled to acquire all right, title
                            and interest in and to any such intellectual property in all countries except the
                            sending Party and Euratom, subject to a non-exclusive, irrevocable, royalty-free
                            licence, with therightto sub-licence, to each Party for research and development
                            on controlled thermonuclear fusion as a source of energy for peaceful purposes;
                (ii)        the sending Party or its personnel shall be entitled to acquire all right, title and
                            interest in and to any such intellectual property in its own territory, subject to a
                            non-exclusive, irrevocable, royalty-free licence, with the right to sub-licence, to
                            the other Parties for research and development on controlled thermonuclear
                            fusion as a source of energy for peaceful purposes;
                (iii)       Euratom or its personnel shall be entitled to acquire all right, title and interest in
                            and to any such intellectual property in its own territory, subject to a non-
                            exclusive, irrevocable, royalty-free licence, with the right to sub-licence, to the
                            other Parties for research and development on controlled thermonuclear fusion
                            as a source of energy for peaceful purposes."
5. The MoU will have to be concluded by the Commission in conformity with Article 101,
   second paragraph, of the Treaty establishing the EAEC.
6. The Commission proposes that the Council adopt, in application of Article 101, second
   paragraph, of the Treaty establishing the EAEC, the Council Decision attached hereto
   concerning the conclusion, by the Commission, of the Memorandum of Understanding
   for cooperation between the European Atomic Energy Community and the Government
   of Canada in the field of controlled nuclear fusion.
                                                                                                                   *
 ---pagebreak---                                              Draft
                                     COUNCIL DECISION
                                   of
concerning the conclusion, by the Commission, of the Memorandum of Understanding for
cooperation between the European Atomic Energy Community and the Government of Canada
in the field of controlled nuclear fusion.
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Atomic Energy Community, and in
particular the second paragraph of Article 101 thereof,
Having regard to the Framework Agreement for commercial and economic co-operation between
the European Communities and Canada of 6 July 1976 1 , and in particular Article 111(2) thereof,
which provides for technological and scientific exchanges,
Having regard to the draft Decision submitted by the Commission,
Whereas the Commission has, in accordance with the Council Directives of 7 November 1991,
conducted negotiations on a Memorandum of Understanding for cooperation between the
European Atomic Energy Community and the Government of Canada in the field of controlled
nuclear fusion,
Whereas the conclusion, by the Commission, of the Memorandum of Understanding should be
approved;
HAS DECIDED AS FOLLOWS:
                                           Sole Article
The conclusion, by the Commission, for and on behalf of the Community, of the Memorandum
of Understanding for cooperation between the European Atomic Energy Community and the
Government of Canada in the field of controlled nuclear fusion is hereby approved.
The text of the Memorandum of Understanding is annexed to this Decision.
Done at             ,
                                                                      For the Council
                                                                      The President
                                                                                               S
           1
                  OJ No L 2 6 0 ,     24.9.1976,     p. 1,
 ---pagebreak---                                         DRAFT
                         MEMORANDUM OF UNDERSTANDING
                              FOR COOPERATION BETWEEN
                THE EUROPEAN ATOMIC ENERGY COMMUNITY AND
                            THE GOVERNMENT OF CANADA
                IN THE FIELD OF CONTROLLED NUCLEAR FUSION
THE EUROPEAN ATOMIC ENERGY COMMUNITY (hereinafter referred to as
"Euratom"), represented by the Commission of the European Communities (hereinafter
referred to as "the Commission"), and THE GOVERNMENT OF CANADA, (collectively
referred to as "the Parties")
HAVING REGARD TO the Framework Agreement for Commercial and Economic
Cooperation between Canada and the European Communities of 6 July 1976 which
provides in Article III.2 for technological and scientific exchanges;
DESIRING to facilitate the achievement of controlled nuclear fusion energy as an
environmentally acceptable, economically competitive, and virtually limitless source
of energy;
                                                                                   6
 ---pagebreak--- NOTING that the Euratom Fusion Programme is a broad-based programme embracing
all activities undertaken in the Community in the field of controlled nuclear fusion by
magnetic confinement and is implemented through Contracts of Association between
Euratom and Member States, organizations in the Member States, Sweden and
Switzerland, by the Joint European Torus (JET) Joint Undertaking, by the Joint
Research Center, through a multilateral agreement concerning the Next European
Torus (NET) and through contracts with industry; and that the Euratom Fusion
Programme presents itself as a single body in its reJations with other fusion
programmes in the world;
NOTING that the Canadian National Fusion Programme is a focused programme
concentrating on the specific strengths of fusion science and technology in Canada
and is administered by Atomic Energy of Canada Limited              and is implemented
principally through two provincial electrical-utility-based projects - the Centre canadien
de fusion magnétique (CCFM), managed by Hydro Québec and the Canadian Fusion
Fuels Technology Project (CFFTP), managed by Ontario Hydro ;
NOTING that Euratom and the Government of Canada are Parties to the Agreement
of Cooperation in the Peaceful Uses of Atomic Energy of 6 October 1959, as
amended, and that the Amendment in the form of an exchange of letters dated
15 July 1991 governs transfers of tritium and tritium-related equipment from Canada
to Euratom for the purposes of the letter's fusion programme;.
 ---pagebreak--- RECOGNIZING that the Parties' fusion programmes are complementary and that
mutual benefits have been derived from cooperation between the Parties in the field
of fusion energy research and development under the Memorandum of Understanding
between the European Atomic Energy Community and the Government of Canada
concerning Cooperation in the Field of Fusion Research and Development, dated
6 March 1986;
DESIRING TO continue and strengthen such cooperation in the future;
HAVE REACHED THE FOLLOWING UNDERSTANDING :
                                     ARTICLE I
The objective of this Understanding is to maintain and strengthen cooperation
between the Parties, on the basis of mutual benefit and reciprocity, in the areas
covered by their fusion programmes in order to develop the scientific understanding
and technological capability underlying a fusion power system.
                                     ARTICLE II
Cooperation under this Understanding may be entered upon in:
       a) Tokamaks;
       b) plasma physics;
       c) fusion technology;
       d) fusion fuels;
       e) alternative lines to Tokamaks; and
       f) other areas as mutually decided in writing.
 ---pagebreak---                                      ARTICLE III
Cooperation pursuant to this Understanding may include the following activities:
     a)     exchange and provision of information and data;
     b)     involvement in either Party's contributions to the fusion programmes or
            projects involving third parties such as ITER (International Thermonuclear
            Experimental Reactor), subject to the consent, if required, of such third
            parties;
     c)     participation in studies, experiments or projects performed by either
            Party, and in meetings;
     d)     exchange and provision of scientists, engineers and other specialists;
     e)     exchange and provision of equipment, instruments, materials,fuels, and
            spare parts;
     f)     transfers of tritium and tritium-related equipment pursuant to the above
            quoted Amendment of 15 July 1991 to the Agreement between the
            Parties on Cooperation in the Peaceful Uses of Atomic Energy of
            6 October 1959;
     g)     execution of joint studies, experiments or projects; arid
     h)     such other activities as mutually decided in writing.
                                     ARTICLE IV
1.   On the Euratom side, this Understanding will be implemented by the
     Commission or any entity or organization associated with Euratom within the
     framework of the Euratom Fusion Programme or the Joint European Torus (JET)
     Joint Undertaking. Such entities or organizations will be designated by Euratom.
     Euratom will inform the Government of Canada in writing of entities and
     organizations so designated.
                                                                                    3
 ---pagebreak--- 2. On the Canadian side, this Understanding will be implemented by the entity
   designated by the Government of Canada. The Government of Canada will
   inform Euratom in writing of its designation. The entity so designated by the
   Government of Canada will designate in writing other entities and organizations
   to participate in the implementation of this Understanding.
                                   ARTICLE V
1. Specific details and procedures to implement activities underthis Understanding
   will, when necessary, be established, on a case by case basis, in specific
   implementing agreements.
2. Specific implementing agreements should, as appropriate, includeprovisionsthat
   deal with:
   a)     the treatment of information, industrial property and copyright;
   b)     terms and conditions for the exchange of staff;
   c)     terms and conditions for the exchange or provision of equipment,
          instruments, materials, fuels and spare parts;
   d)     the allocation of costs; and
   e)     applicable law.
3. Each Party will require the entities and organizations designated pursuant to
   Article IV, to include, where applicable,
   a)     the provisions described in Annex I for the treatment of information,
          industrial property and copyright, and
   to reflect, where applicable,
                                                                                AO
 ---pagebreak---    b)     the principles described in Annex II for the exchange of staff,         the
          exchange and provision of equipment, instruments and spare parts,
          transfers of tritium and tritium-related equipment and the allocation of
          costs and industrial property rights arising from activities other than the
          exchange of personnel or information, in implementing agreements
          concluded pursuant to this Understanding.
4. Annexes I and II form an integral part of this Understanding.
                                   ARTICLE VI
1. The Parties will establish a Coordinating Committee to coordinate and supervise
   the implementation of activities under this Understanding. The Committee will
   consist of up to eight members, half of whom will be appointed by each Party.
   Each Party will nominate one of its appointed members as the head of its
   delegation.
2. The Coordinating Committee will meet alternately in Europe and Canada, but
   for any given meeting, the Parties may decide to meet at another location. The
   head of delegation of the host Party will chair the current meeting and convene
   the next meeting of the Committee to take place within a two-year period on
   a date satisfactory to both Parties.
3. The Coordinating Committee will
   a)     review and monitor the plans and progress of activities under this
          Understanding;
   b)     exchange information and views on scientific and technical policy issues;
   c)     propose, coordinate and approve future activities that are within the
          scope of this Understanding having regard to technical merit and level of
          effort to ensure overall mutual benefit and reciprocity;
                                                                                   AA
 ---pagebreak---       d)     identify areas of cooperation and activities to be pursued under
             Article II f), and Article III h);
      e)     ensure that the effect on the environment of activities under this
             Understanding is assessed;
      f)     execute such other duties as jointly decided.
4.    All decisions of the Coordinating Committee will be taken by consensus.
                                       ARTICLE VII
The Parties will support the widest possible dissemination of information that is
exchanged or provided under this Understanding
      i)     on the condition that they have the right to disclose it and that it is
             either in their possession or available to them, and
      ii)    subject to obligations to protect industrial property and copyright and to
             address the issues of inventions and discoveries arising from activities
             under this Understanding.
                                       ARTICLE VIII
Nothing in this Understanding       will be construed to prejudice existing or future
arrangements for cooperation between the Parties.
                                       ARTICLE IX
1.    The performance of the Parties underthis Understanding will be subject to the
      availability of appropriated funds.
                                                                                      AZ
 ---pagebreak---  2.    Cooperation under this Understanding will be in accordance with the laws,
       regulations and policies applicable in Canada and in Euratom and its Member
       States.
3.     Each Party will use its best efforts, within the framework of the applicable
       laws, regulations and policies, to facilitate the movement of persons, the import
       and export of materials, fuels, and equipment and the transfer of currency
       which is required for the implementation of this Understanding.
4.     All costs resulting from the implementation of this Understanding will be borne
       by the Party which incurs them unless otherwise specifically decided by the
       Parties. Any such decision will be expressed in writing.
                                        ARTICLE X
1.     All questions related to this Understanding arising during its duration will be
       settled by agreement of the Parties.
2.     All disputes related to this Understanding will be settled by consultation
       between the Parties.
                                       ARTICLE XI
In the event that, over the duration of this Understanding, the nature of either Party's
fusion programme changes substantially, whether by expansion, reduction or
transformation, or by an amalgamation of elements, with the fusion programme of a
third party, either Party will have the right to request revisions in the scope and terms
of the Understanding.
                                                                                        V3
 ---pagebreak---                                        ARTICLE XII
1.     This Understanding will enter into effect on the date of signature by both
       Parties. It will remain in effect for ten years unless terminated at any time at
       the discretion of either Party by giving to the other Party at least six months
       written advance notice of its intention to terminate this Understanding.
       This Understanding may be amended or extended by decision of the Parties
       expressed in writing.
2.     Any activity entered upon under this Understanding and not completed at the
       time of termination of this Understanding may be continued until its completion.
3.     The termination of this Understanding will not affect rights that may have
       accrued under this Understanding to either Party up to the date of termination
       or rights and obligations under the implementing agreements concluded
       pursuant to this Understanding.
                                       ARTICLE XIII
This Understanding will apply, insofar as Euratom is concerned, to the territories to
which the Treaty establishing the European Atomic Energy Community applies and
to the territories of the countries participating in the Euratom Fusion Programme as
fully associated third States.
Signed, in duplicate in English and French, at
                                    1994.
For the European Atomic Energy                   For the Government of
Community                                        Canada
                                                                                      < #
 ---pagebreak---                               ANNEX I (Article V 3 . a) )
Without prejudice to the inclusion of additional terms and conditions and pursuant to
ARTICLE V of the Memorandum of Understanding for Cooperation between the
European Atomic Energy Community and the Government of Canada in the Field of
Controlled Nuclear Fusion, the Parties will require the inclusion, as appropriate, of the
following provisions in implementing agreements concluded pursuant to this
Understanding.
A.1    Proprietary Information
A. 1.1 Definitions
         "proprietary information" means scientific or technical data, results or
        methods of research and development, and any other information intended to
         be provided or exchanged under this implementing agreement, such as know-
        how, information directly related to inventions and discoveries, technical,
        commercial or financial information, provided that it is appropriately marked
        or considered as such in accordance with subparagraph A. 1.2 b) and:
              a)     is not generally known or publicly available from other sources;
              b)     has not previously been made available by the owner to others
                     without obligation concerning its confidentiality; and
              c)     is not already in the possession of the receiving party without
                     obligation concerning its confidentiality.
         "document" means a record of information whether in written form or
        recorded on disc, tape, read-only memory (ROM) or other medium.
                                                                                         A5
 ---pagebreak--- A. 1.2 Procedures
       a)   The party receiving proprietary information under this implementing
            agreement shall respect the confidential nature thereof.
       b) .- Any document which contains proprietary information shall be clearly
            marked by the providing party with the following (or substantially similar)
            restrictive provision:
            "This document contains proprietary information furnished in confidence
            under an implementing        agreement    concluded    pursuant    to  the
            Memorandum of Understanding for Cooperation between the European
            Atomic Energy Community and the Government of Canada in the Field
            of Controlled Nuclear Fusion (hereinafter referred to as "the MOU")
            dated                     and shall not be disseminated outside the
            Commission, the Government of Canada, entities and organizations
            designated by Euratom or the Government of Canada pursuant to the
            MOU, their contractors, and licensees without the prior written approval
            of [the providing party].
            This notice shall be marked on any reproduction of this document, in
            whole or in part. These limitations shall automatically terminate when
            this information is disclosed by the owner without restriction."
       c)   Proprietary information received in confidence under this implementing
            agreement may be disseminated by the receiving party to:
            (i)     persons within or employed by the receiving party or as the case
                    may be by Euratom or the Government of Canada, or by entities
                    or organizations designated by Euratom or the Government of
                    Canada pursuant to the Memorandum of Understanding for
                    Cooperation between the European Atomic Energy Community
                    and the Government of Canada in the Field of Controlled Nuclear
                    Fusion;
            (ii)    contractors or subcontractors of the receiving party for use only
                    within the framework of their contracts with the receiving party
                    in work relating to the subject matter of the proprietary
                    information;
                                                                                       46
 ---pagebreak---              provided that any proprietary information so disseminated shall be
             marked with a restrictive provision substantially identical to that
             appearing in subparagraph A. 1.2 b); and provided that the recipient
         •.. thereof has agreed to respect the confidential nature of such information
             and agrees to disclose it no further without the prior approval of the
             providing party obtained by the receiving party,
       d)    With the prior written consent of the party providing proprietary
             information under this implementing agreement, the receiving party may
             disseminate such proprietary information more widely than otherwise
             permitted in the subparagraph A.1.2 c). Both the providing and receiving
             parties shall cooperate with each other in developing procedures for
             requesting and obtaining prior written consent for such wider
             dissemination.
A. 1.3 If one of the parties becomes aware that it will be, or may reasonably be
       expected to become, unable to meet the restrictions on dissemination in the
       paragraph A.1.2 , it shall immediately inform the other party . The parties
       shall thereafter consult to define an appropriate course of action.
A. 1.4 The providing party in its relation with the receiving party does not warrant
       the suitability of any information transmitted for any particular use or
       application.
A. 1.5 Each party shall treat proprietary information communicated through
       seminars, workshops, and other meetings, the assignment of staff, use of
       facilities or exchange of equipment according to the principles specified into
       paragraph A.1.2 provided that proprietary information communicated other
       than in a document shall not be subject to the limitations on disclosure unless
       the person communicating such information notifies the recipient in writing
       that the information communicated is proprietary information.
                                                                                       A?
 ---pagebreak--- A.2   Inventions and Discoveries
A.2.1 Definitions
      For the purposes of paragraph A.2.2. "country" shall mean, insofar as
      Euratom is concerned, the territories to which the Treaty establishing the
      European Atomic Energy Community applies and the territories of the
      countries participating in the Euratom Fusion Programme as fully associated
      third States.
A.2.2 With respect to any invention or discovery made or conceived in the
      execution of this implementing agreement, the parties shall take all necessary
      steps within the framework of the applicable laws and regulations with a view
      to realizing the following:
      a)   Where the invention or discovery is made or conceived by personnel (the
           inventor) of one party     (the assigning party) or its contractors while
           assigned to the other party (the receiving party) or its contractors in
           connection with exchanges of scientists, engineers and other specialists:
           (i)     the   receiving   party    shall  acquire   all    right,  title   and
                   interest in and to any such invention or discovery within its
                   country and in third countries; and
           (ii)    the assigning party or the inventor shall acquire all right, title and
                   interest in and to any such invention or discovery within its
                   country.
      b)   In cases to which subparagraph A.2.2 a) does not apply and where the
           invention or discovery is made or conceived by personnel of one party
           or its contractor as a direct-result of employing information which has
           been communicated to it under this implementing agreement by the
           other party or communicated during seminars or other joint meetings, the
           party or its contractor whose personnel make or conceive the invention
           or discovery shall acquire all right, title, and interest in and to such
           inventions or discoveries in all countries; such right, title and interest are
           subject to a grant to the other party of a royalty-free, non-exclusive,
           irrevocable licence (including the right of the other
                                                                                          /It
 ---pagebreak---            party to grant sub-licences) in and to any such invention or discovery,
           and right associated with a patent application related to such invention
           or discovery and any patent or any other protection relating to such
           invention or discovery in all countries,
      c)   The party which owns the invention referred to in subparagraphs
           A.2.2 a) and b) shall, upon request, license such invention or
           discovery to the other party on reasonable terms and conditions.
A.2.3 Each party shall, without prejudice to any right of inventor under the
      applicable laws, take all necessary steps to provide the cooperation of its
      personnel required to implement the provisions of paragraph A.2.2. With
      respect to any invention or discovery made or conceived in the execution of
      this implementing agreement, each party shall assume the responsibility to
      pay awards or compensation required to be paid to its own employees or in
      accordance with applicable laws.
A.3   Copyrights
      Copyrights held by the parties shall be accorded treatment consistent with
      the Berne Convention (as revised). As to copyrights on works provided or
      exchanged pursuant to this implementing agreement, owned or controlled by
      one party, that party shall grant to the other party a license to reproduce or
      translate copyrighted material.
                                                                                     A3
 ---pagebreak---                           ANNEX II (Article V 3. b) )
B. 1  Exchange of Staff
     With respect to any exchange of scientists, engineers and other specialists
     under the Memorandum of Understanding for Cooperation between the
     European Atomic Energy Community and the Government of Canada in the
     Field of Controlled Nuclear Fusion and without prejudice to the application of
     other principles, the following principles should be applied by the parties to
     implementing agreements:
     a)   Each party should ensure that scientists, engineers and other specialists
          (hereinafter referred to as "assigned staff") selected for assignment to
          the other party are qualified for the functions that they will exercise.
     b)   The receiving party should arrange for adequate accommodation for the
          assigned staff and their families on a basis agreeable to both parties.
     c)   The receiving party should provide all necessary assistance to the
          assigned staff and their families for administrative formalities (travel
          arrangements, etc.).
     d)   Parties should ensure that assigned staff will conform to the general and
          special rules of work and safety regulations in force at the host
          establishment, or as agreed in a separate assignment arrangement.
B.2  Exchange of Equipment, Instruments, Materials, Fuels and Spare Parts
     In the event that equipment, instruments, materials, fuels or spare parts (all
     of which are hereinafter     referred to as "items") are to be exchanged or
     provided under an implementing agreement concluded pursuant to the
     Memorandum of Understanding for Cooperation between the European
     Atomic Energy Community and the Government of Canada in the Field of
     Controlled Nuclear Fusion, without prejudice to the application of other
     principles, the following provisions should be applied by the parties to the
     implementing agreement:
                                                                                   Jo
 ---pagebreak---     a)   The sending party should supply, as soon as possible, a detailed list of
         the items it will provide together with the relevant specifications and
         technical and informational documentation for them.
    b)   Items provided by the sending party should remain its property and
         should be returned to the sending party upon completion of the activity
         that is the subject of the implementing agreement, unless otherwise
         agreed by the parties.
    c)   Items should be brought into operation at the host establishment only by
         common agreement of the parties.
    d)   The receiving party should provide the necessary premises for the items
         and should ensure the availability of electrical power, water, gas or other
         requirements as decided in common by the parties.
    e)   Responsibility for the outbound and return transport of the items from
         the sending party to their ultimate destination at the installation of the
         receiving party, and for their safekeeping and insurance en route,
         together with related expenses, should be undertaken by the sending
         party, unless otherwise agreed by the parties.
    f)   The receiving party should notify customs authorities that the items
         provided by the sending party are for carrying out agreed activities of a
         scientific character and not of a commercial character.
    Transfers of tritium and tritium-related equipment will be governed by the
    Amendment of 15 July 1991 to the Agreement between the Parties on
    Cooperation in the Peaceful Uses of Atomic Energy of 6 October 1959.
B.3 Allocation of Costs
    In an implementing agreement concluded pursuant to the Memorandum of
    Understanding for Cooperation between the European Atomic Energy
    Community and the Government of Canada in the Field of Controlled Nuclear
    Fusion, without prejudice to the application of other principles, the following
    principle on the allocation of costs should be' applied by the parties to the
    implementing agreement:
                                                                                     Si
 ---pagebreak---          AH costs arising under an implementing agreement should be borne by
         the party thereto that incurs them unless otherwise specifically agreed
         by the parties. Any such agreement should be expressed in writing.
B.4 Industrial Property Rights
    The parties to the implementing agreements covering activities other than
    exchange of personnel or information should, prior to commencing such
    cooperative activities, decide on an appropriate distribution of industrial
    property rights relating to inventions or discoveries resulting from such
    activities. In so deciding, they should take into consideration their respective
    benefits from, contribution to and rights in relation to the activities.
                                                                                    A!
 ---pagebreak---                                                                      ISSN 0254-1475
                                                               C0M(94) 343 final
                                                      DOCUMENTS
EN                                                                         il is
                                 Catalogue number : CB-CO-94-355-EN-C
                                                             ISBN 92-77-71958-3
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