CELEX: 51977PC0439
Language: fr
Date: 1977-09-20
Title: PROJET DE DECISION DU CONSEIL portant directive à la Commission au sujet de la participation de la CEEA dans deux accords de R & D dans le domaine de la fusion thermonucléaire préparé sous l'égide de l'Agence Internationale de l'Energie (OCDE)#PROJET DE DECISION DU CONSEIL portant approbation de la conclusion de: 1) un accord de mise en oeuvre pour un programme de recherche et de développement sur les interactions plasma-parois dans textor ; 2) un accord de mise en oeuvre pour un programme de R & D sur les bobinages superconducteurs pour la fusion (présentée par la Commission au Conseil)

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
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION DES COMMUNAUTES EUROPEENNES
                                                              COM(77 ) 439 final    -
                                                              Bruxelles , le 20 septembre 1977
                         PROJET DE DECISION DU CONSEIL
         portant directive à la Commission au sujet de la participation
         de la CEEA dans deux accords de R & D dans le domaine de la fusion
         thermonucléaire préparé sous l' égide de l' Agence Internationale de
         l' Energie ( OCDE )
                         PROJET DE    DECISION DU CONSEIL
                  portant approbation de la conclusion de :
         1 ) un accord de mise en oeuvre pour un programme de recherche et
             de développement sur les interactions plasma-parois dans textor ;
         2 ) un accord de mise en oeuvre pour un programme de R & D sur les
             bobinages superconducteurs pour la fusion
         ( présentée par la Commission au Conseil )
                                    /<o>
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                                  1    -      ■; c; , -       <   .--l
                                  14 -                      . .    "<i
                                           fcnh6a« Secret
C0M(77 ) 439 final .
 ---pagebreak---            COMMUNICATION DE LA. COMMISSION AU CONSEIL
      Le 24 juin et le 6 juillet 1976 a été signé un accord sous forme
d' échange de lettres entre la Communauté européenne de 1 * Energie ato­
mique (EURATOM) et la Communauté économique européenne , d' une part , et .
1 * Agence Internationale de 1' Energie (AIE ), d' autre part , relatif à la
coopération dans le domaine de la recherche et du développement en ma­
tière d' énergie .
      Aux termes de cet échange de lettres , les Communautés européennes
indiquent leur intention de négo°ier , cas par cas , leur participation aux
"Accords de mise en oeuvre " (" Implementing Agreements ") conclus ou à
conclure sous 1' égide de 1' Agence et qui seraient de nature à contribuer
à la réalisation des objectifs de recherche et de dévelopment des Commu­
nautés européennes »
      En application de cet accord , ont été conclus :
      –  un "accord de mise en oeuvre " sur 1' échange d' informations
         techniques dans le domaine de la recherche et du développement
         sur la sécurité des réacteurs ;
      –  un   " accord de mise en oeuvre " sur un programme de recherche et
         de développement pour la construction d' une source intense de
         neutrons
      – un    " accord de mise en oeuvre " pour un programme visant à dé­
         velopper et à tester des systèmes de chauffage et de refroidisse­
         ment solaires (l )«
      Dans le cadre de son programme sur la fusion thermonucléaire pour
lequel la Commission joue le rôle d' "organisation pilote ", 1' AIE pro­
pose à ses membres et à Euratom de conclure deux nouveaux      "accords "
de mise en oeuvre "    ("Implementing Agreements ") dans ce domaine .
Il s 1 agit   :
 (l ) signature imminente                                          /...
 ---pagebreak---       a)   d' un Accord de mise en oeuvre pour un programme de recherche
           et de développement " on plama wall interaction" dans Textor ;( ftnne>e A )
      b)   d* un Accord de mise en oeuvre pour un programme de E & D " on
           superconducting magnets " for fusion power". ( Annexe B )
      La Commission considère que la participation de la CEEA à ces deux
" Implementing Agreements " est de nature à contribuer à la réalisation
des objectifs de R & D de la Communauté dans ce domaine .
      Du point de vue de la recherche et du développement , l' intérêt de
ces deux " Implementing Agreements " peut se résumer de la manière sui­
vante   :
(a)   Recherche et développement sur les interactions plasma-parois
      dans Textor .
      Dans les installations de fusion , le degré d' interaction entre le
      plasma et les parois environnantes revêt déjà une importance fonda­
      mentale pour les expériences fusion de la génération actuelle car le
      degré de contamination des plasmas doit être maintenu aussi bas crue
      possible alors même qu'en augmentant la température et la durée des
      décharges on provoque une érosion accentuée des parois . ' Il faut donc
      développer tous les moyens susceptibles de réduire considérablement
      les effets d' interaction du plasma avec la paroi .
      Pour ce faire , on peut construire et faire fonctionner un appareil de
      grande dimension du type Tokamalc conçu spécialement pour permettre
      1' étude de ces phénomènes . Il devrait permettre entre autre un rem­
      placement aisé de la chaEbre intérieure et être équipé de diagnosti­
      ques élaborés spécialement adaptés .
      Textor est une expérience qui répond à ces critères .    Elle sera cons­
      truite et exploitée dans le cadre du programme fusion Euratom par
      l' association Euratom-KPA .  Son intérêt peut être sensiblement augmenté
      si , dans le cadre d' une collaboration internationale , d' autres parte­
      naires prévoyaient de fournir d' autres types de chambres , optimisées
      en fonction de leur expérience dans ce domaine et pouvaient mettre à
     disposition durant la phase de construction ou d' exploitation quelques-
     uns de leurs experts .
 ---pagebreak---                               - 3 -
(b) Recherche et développement sur les "bobinages supraconducteurs pour
      la fusion .
                                                                              ή
      Il est plus que probable que les futurs reacteurs a fusion, bases sur
                                                                              <4
      le confinement magnétique toroïdal seront équipés de bobinages supra­
      conducteurs» Cette technologie est en principe déjà disponible mai|
      n' a pas été suffisamment développée jusqu' à présent pour permettre !
      la construction immédiate de grandes bobines , en assurant un fonction­
      nement sûr dans les conditions limites demandées .
      Il est donc important de développer cette technologie de telle sorte
      qu' elle devienne disponible pour la génération des machines qui suivra
      JET, TFTR et JT-60 .    Pour cela, il ne suffit pas de construire une bo­
      bine supraconductrice de grande dimension ; il faut aussi un ensemble
      toroïdal comportant 4 à 6 bobines permettant de faire les tests néces­
      saires ainsi que les éléments de montage permettant de contenir les
      forces d' interactions se développai entre elles .
      Cet " implementing agreement " offre cette possibilité .    Chaque partici­
      pant fournit au moins une bobine de telle sorte qu' une configuration
      toroïdale de 6 bobines puisse être constituée .     Ainsi , en ce qui con­
      cerne la Communauté , il sera possible , pour le prix d' une bobine , de
      bénéficier des informations correspondant à un montage en comportant
      plusieurs .   En plus de sa bobine , 1 * USERDA en tant que partenaire
       invitant fournira les structures complémentaires nécessaires aux tests
       sans qu' il n' en coûte rien aux autres partenaires .
         Les implications financières relevant de la participation à chacun
de ces " Implementing agreement s " sont établies dans chacune des " Descrip­
tion de la tâche ".     Aucun financement commun n' est proposé , la contribution
 de chaque participant s' effectuant sous forme de tâche dont le coût incom­
bera au participant-même .     En ce qui concerne 1' Euratom , dans chaque cas
la contribution sera constituée par le travail effectué dans le cadre des
contrats d' assooiation      existants et n' impliquera donc aucune charge finan­
 cière additionnelle .    Dans le cas du "Plasma Wall Implementing Agreement ",
 la contribution de 1' Euratom       sous forme de travail se
 place dans le cadre du contrat d' association passé entre 1' Euratom et
 le "Kernforschungsanlage JUlich GmbH (RFA).       Et dans le cas de 1 * "Imple-
 menting Agreement of Superconducting Magnets"      ce sera le travail effectué
 ---pagebreak---                               - 4 -
   en conformité avec le contrat d' association Euratom/4lax Planck Institut
   i'ir Plasmaphysik ( iPPi                                                     ;
                                                                                Λ
5,       En ce qui concerne le régime applicable aux connaissances et a la,
   propriété intellectuelle , la position adoptée par la Commission , à l' occa­
   sion ûe la négociation de 1 * accord relatif à la production a 1 hydrogène ,
   est la suivante  ;
   si un accord auquel la Communauté participe prévoit un échange de licences
   à des fins industrielles et commerciales , les Etats membres, personnes
   et entreprises de la Communauté doivent pouvoir bénéficier de ces licences .
   Dans le cas de l 1 hydrogène , ce problème ne se pose     plus car les échanges
   de licences ont été limités à l' utilisation à des fins de recherche et
   de développement et à 1' exécution des tâches prévues par 1' accord .
   Dans le domaine de la fusion et pour les échanges de licences à des fins
   industrielles et commerciales , la position de la Commission a été accep­
   tée en considération du fait que les programmes de la Communauté et ceux
   des Etats membres sont exécutés en commun et que la Commission agira
   non seulement en son nom mais au nom de ses associés .
6»       La Commission a participé à la préparation de ces deux projets
   d' " Implementing Agreements ", dans le cadre du Fusion Power Coordinating
   Committee (PPCC ) de 1 * AIE , en étroite coopération avec les associés
   du Programme Fusion Thennonucléaire d* Euratom , en particulier les deux
   associés les plus directement concernés , KFA et IPP .      Tous les associés
   ont marqué leur accord pour qu' Euratom       conclue ces deux " Implementing
   Agreements ",  Comme ce fut le cas pour 1' " Implementing Agreement on H-7S "
   qui n' a pas été signé par les Etats membres mais conclu par la seule Commis­
   sion au nom de la CEEA , les Etats membres ne devraient pas signer ces
   deux accords .  En effet , du fait crue , dans les neuf Etats membres , toute
   la recherche dans le domaine liiermo nucléaire se situe dans le cadre de la
   Communauté , les accords de coopération internationale en ce domaine doivent
   être conclus par la Communauté ,
7*       Si le Conseil considère , comme la Commission, qu' il est dans l' intérêt
   de la CEEA de participer à ces     deux   " Implementing Agreements " et que
   les textes proposés sont acceptables , la Commission propose que cette
   participation soit négociée et conclue sur la base de 1 * article 101 ,
   al , 2 du Traité Euratom ,
 ---pagebreak---         Face à l'urgence de cette question (la cérémonie de signature à i;
   Paris étant prévue pour le 5 octobre 1977 > au cours de la réunion mi­
   nistérielle du Conseil d' Administration de 1 * IEA) la Commission suggère
  que le Conseil prenne simultanément une décision donnant les directives
   pour négocier la participation de 1 * Euratom dans ce contrat et également
   la décision approuvant ce contrat .
  En conclusion , la Commission propose au Conseil :
  a) de prendre une décision donnant des directives à la Commission!
       comme énonçé dans 1 ' Annexe C ;
la ) . de prendre simultanément une décision (Annexe D ) approuvant la conclu­
       sion des " Implementing Agreements " négociés sur la "base des directives
       énoncées au point a) ci–dessus *
 ---pagebreak---                                           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 OPERATLVG 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 Lifer-
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 Agcn:y
(the "Agency") on 28th July, 1975 , wish to take part in the establishment and ope:r :":?.
of a Programme of Research and Development on Plasma Wall Interaction in TEXTCH
(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 earned
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 tne
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 po-Vw
research and development;
           HAVE AGREED as follows:
 ---pagebreak---                                            Article 1
                                        OBJECTIVES
 (a)          Scope of Activity. The Programme to be earned cut 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 bs 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
         t
              (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:
 ---pagebreak---            ( 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 the 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;
                                                                   «
            (5)   At least twenty-eight days before each mealing 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).
(e)         Voting.
             (1 ) Where this Agreement requires the Executive Committee to act by
                   unanimity, this shall require the agreement of each member or alternate
                   member present and voting at the meeting at which the decision is
                   taken. The Executive Committee shall adopt decisions and recom­
                   mendations, for which no express voting provision is made in this
                   Agreement, by majority vote of the members or alternate members
                   present and voting;
             (2)   With the agreement of each member or alternate member entitled to act
                   thereon, a decision or recommendation may be made by teiex or cable
                   without the necessity for calling a meeting. The Chairman of the
                   Executive Committee shall have the responsibility of ensuring that all
                   members or alternate members entitled to act thereon 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 3
                            .   TKE OPERATING AGENT
(a)          Designation. The Programme shall be conducted by the EURATOM-KFA
Julich Association for Fusion, acting through the Kernforschungsanlage Jlilich 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, with the consent of the Executive
Committee, acting by unanimity, designate another entity as Operating Agent in place of
the Contracting Party or other Operating Agent . designated by it. The adoption of
any consequential amendments to this Agreement and the Ar.^fcx hereto as well as the
arrangements for transfer of the Operating Agent's responsibilities shall 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 nt
                    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 Agent 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---                                               -ν­
  (c)          Staff. It shall be the responsibility of the Operating Agent to retain such
 staff as may be required to carry out its responsibilities. "Die 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---    i-
  ï
               (2) Has not previously been made available by the owner to others without
                     obligation concerning its confidentiality; and
                         ι
               (3) Is not already m 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.
if)            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 licensed
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
                       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.
  (j)            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---                                            Article 7
                                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 tribune.! of three arbitrators to
be chosen by the Contracting Parties concerned who shall also cnoose 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
 ---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 cc:r.e
  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---                                                      -
                                               ΑΝΝΕΧ
                         PLASMA WALL INTERACTION IN TEXTOR
  1.   Objectives
             The overall objectives of the Programme are to evaluate the relative important
..of the processes leading to the build-up of impurities in tol-tsmaks and to the damage of
  the first wall under different operating conditions ; to search for appropriate first-    war
  materials, structures and temperatures that are optimized wi:n .aspect 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 Xurzbeschreibung dated March 1976, hereinafter called
  the "TEXTOR Reports"). In 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. During 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 site 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.
   12
 ---pagebreak---                                                           i
                                                                         i
(b) Phase II: 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 II. Experiments requiring no modifications to
                 TEXTOR, but requiring additional equipment, and the assign­
                 ment of experts during the experiment.
          (iii)  Category III.        Experiments requiring modifications of
                 TEXTOR and the assignment di specialists, and possibly,
                 additional equipment. It is expected that such modifications
                 will not require major changes in the basic design and
                 construction of 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, Category (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 falling 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
                                                                                  13
 ---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 essential 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 ths total operating time of
                    TEXTOR will be available for the agreed experiments of all the
                    Contracting Parties. The other 60 per cent wi'l be at the exclusive
                    disposal of the Operating Agent, which irnay 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 tests
                    of the delivered components (for instance, vacuum, mechanical ,
                    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 v. !•!,
                   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 c :
                   each experiment.
4. Specific Responsibilities of the Operating Agent
         The Operating Agent will:
         (a) Be responsible for the funding, design, construction and operation of the
              TEXTOR device (as specified in the TEXTOR Reports); for which purpose
              operation shall mean the overall administrative and technical management
              of TEXTOR ;
14
 ---pagebreak---   - *.    *'     ·; · -                    '              · ·■ .Υ  ; ' -λ ρ. / ·*..·■ τ. · . . -.·· -
                (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 fcr 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-
                        * tiofi witla -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 v.t
EURATOM may obtain dimensions and other data needed for the incorporation of r.; v.'
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.
o.     Assignment of Personnel
              (a)         The Contracting Parties other than EURATOM may assign experts m tne
                          fields set forth in paragraph 1 above to work at the TEXTOR site m
                          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 rule, at least four months
                                 prior to the expected assignment date. Each such nomination shall
                                 specify the qualifications or the expert, his task during the assignment
                                 and the length of the assignment.
 ---pagebreak---                                                       >/T *
                (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 way bs 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 Perioa
           (a) The period of the Programme is expected to extend to the end of 1985 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 ....           1980
                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---                          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 Pow er
   (the " Programme") as provided in this Agreement ;
              CONSIDERING iiiat the Contracting Parties which are governments and the govern­
   ments of the. -''her Contracting Parties (referred to collectively as the "Governments")
  partici pau: m the Agency and have agreed in Article 41 of the Agreement on an Inter-
  na?        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
(°)            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---                                                    • 3--
(b)           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 OF TASKS
                                                                       •
(a).          Identification . The Tasks undertaken by Participants arc 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 oy giving the Executive
Director of the Agency a Notice of Participation in the relevant. A nr. ox or Annexes and .
the Operating Agent for each Task shall give the Executive Director o : 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 approved 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, Participiw .. ■ shall co-ordinate their
                      activities in order to avoid duplication of activities.
 (c)           Application of Task Annexes.        Each Annex shall 1-e binding only upon inc
 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 ( he 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 :
                   (i)   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 P.^ies 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 ot
                 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 o.ifentity 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 .
(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 ol"
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 Participant 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 opern . ■ ;
of a Task and the costs of such services, including overheads connected therewith , may iv
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---                                                   "H -
                     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---                 (1)   Result from the failure of the Operating Agent to maintain such
                      insurance as it may be required to maintain under paragraph (h ) 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 ot 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 Parlies .
  Operating Agents which are not Contracting Parties shall be regarded as Contracting
   Parties for the purpose of this paragraph .
 ---pagebreak---                                              -   Il -
                                          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 irr 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 cf ine
Agency, such Notice to be given not less than two years after the date hereof. The with­
drawal of a Contracting Party under this paragraph shall not affect the rights ar-J 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 to have withdrawn from the
                       Agreement under paragraph (g) above on a date to be fixed by the
                       Executive Committee ; and
                (2)    The Executive Committee shall invite the sovernment which desisnated
                       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 and gives
                       the Executive Director of the Agency a Notice of Participation in one
                       or more Annexes.
(h) ;          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 11
                                     FINAL PROVISIONS
(a)             Term of Agreement. This Agreement shall remain in force- for an initial
period of six years from the date hereof, and shall continue in force thereafter unless
and until the Executive Committee, acting by unanimity, decides 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---                                              - >3 -
 therefrom, in 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 fd) hereof, for which purpose a former Contracting Party
 shall be regarded as a Contracting Party.
 fd)           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.
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---                                           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 and 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---                                - /b­
  (d) Task-Related. Information Exchanges and Visits
- (1) Each Par ticipant 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 ;
       (Hi)   Total weight of coils and crates;
       (iv)   Overall crate dimensions ;
         (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
              used ;
         (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.
                                                                               ν
 ---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 stall 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 ciem expenses, and of payment for the
                salaries, insurance, and allowances to be         to its personnel incurred in
                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 oiner 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.
         (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 arising from thus 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 avails*.". J from other sources ;
              ( 2)    Has not previously been made available by the ovv.-.^r ;o others without
                      obligations concerning its confidentiality ; and
              (3)     Is not already in the possession of the Ope . r. ing Agent or Participants
                   • without obligation concerning its confidemiaiity.
        (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---                                        - i 9 •
          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. -•
 (f)     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 cono-olled 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
       uiAgent 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 Participan : agrees to license all pre­
         existing inventions and all pre-existing design a.:c manufacturing infor­
         mation, including proprietary information, owvied 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
                                        -- 2V .
 ---pagebreak---                                      - 7.0 -
       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 terras 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 v/ here a Participant only partially owns or controls pre-existing
       iaformaticn or inventions which are required to be licensed in the preceding
       sections of 'iiis 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
       so 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---                   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
           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, laws, 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 m 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---                                                     ANNEXE C
PROJET DE DECISION DU CONSEIL PORTANT DIRECTIVE A LA COMMISSION
RELATIVE A LA PARTICIPATION DE LA CEEA A DEUX ACCORDS DE R & D
DANS LE DOMAINE DE LA FUSION THERMONUCLEAIRE PREPARES SOUS L' EGIDE
DE L' AGENCE INTERNATIONALE DE L' ENERGIE ( OCDE )
Le Conseil des Communautés Européennes ,
Vu le Traite instituant la Communauté Européenne de l' énergie
atomique , et notamment son article 101 alinéa 2 ,
Vu le projet de la Commission ,
Considérant que l' Agence Internationale de l' Energie (AIE), créée
le 15 novembre 1974 par décision du Conseil de l' OCDE et constituant
un organe autonome dans le cadre de l' organisation a , par décision
de son Comité Directeur , approuvé le 25 juillet 1975 des "principes
directeurs " dans le domaine de la recherche et du développement
 relatifs à l' énergie ,
 Considérant qu' à la même date , le Comité Directeur de l' AIE a
 approuvé notamment :
 un programme de coopération dans le domaine de la fusion thermo­
 nucléaire ,
 Considérant qu' en application de l' article 4 sous c ) des "princi­
 pes directeurs " précités , les Communautés Européennes peuvent
 prendre part à tout programme ou projet de coopération en matière
 de recherche et de développement lancé sous l' égide de l' AIE ,
 Considérant qu' un échange de lettres a eu lieu entre la CEE
 et la CEEA , d' une part , et l' AIE , d' autre , part , respectivement , en
 date du 24 juin 1976 et du 6 juillet 1976 stipulant que :
 – d' une part , la CEE et la CEEA ont l' intention de coopérer avec
   l' AIE dans le domaine de la recherche et du développement dans
   la mesure où une telle coopération peut contribuer à la réalisation
   des objectifs de recherche et de développement des Communautés
   européennes dans le domaine de l' énergie .
 ---pagebreak---                                  - 2 -                 ANNEXE C
           Cette coopération pourra se réaliser par la participation des
           Communautés à des programmes et projets de recherche et de
           développement de l' AIE . En particulier , des "accords de mise
           en oeuvre " seront négociés , cas par cas , par la Commission
           des Communautés européennes , conformément aux dispositions des
           Traités instituant les Communautés européennes ;
        -  d' autre part l' AIE prend acte de cette intention et confirme
           qu' une telle participation est ouverte aux Communautés
           européennes ;
        Considérant que , sous l' égide de l' AIE , ont été préparés un projet
d' accord de mise en oeuvre pour un programme de recherche et de dévelop­
pement sur les interactions plasma-parois dans Textor et un projet
d' accord de mise en oeuvre pour un programme de recherche et de
développement sur les bobinages superconducteurs pour la fusion .
        Considérant la décision du Conseil du 25 mars 1976 arrêtant un
programme de recherche et d' enseignement ( 1976-1980) pour la CEEA dans
les domaines de la fusion et de la physique des plasmas
DECIDE
                            Article I
        La Commission négociera la participation de la CEEA à 1 accord
de mise en oeuvre pour un programme de R & D sur les interactions plasma-
parois dans Textor et dans la tâche décrite dans l' Annexe de l' Accord .
                            Article II
        La Commission négociera la participation de la CEEA à 1 accord
de mise en oeuvre pour un programme de recherche et de développement sur
les bobinages superconducteurs pour la fusion , ainsi que la participation
de celle-ci dans la tâche décrite dans l' Annexe de l' Accord .
 ---pagebreak---                                                          ANNEXE D
              PROJET DE DECISION DU CONSEIL PORTANT APPROBATION DE LA
              CONCLUSION DE 1 ) UN ACCORD DE MISE EN OEUVRE POUR UN
              PROGRAMME DE RECHERCHE ET DE DEVELOPPEMENT SUR LES
              INTERACTIONS PLASMA-PAROIS DANS TEXTOR 2 ) UN ACCORD
              DE MISE EN OEUVRE POUR UN PROGRAMME DE R & D SUR LES
              BOBINAGES SUPERCONDUCTEURS POUR LA FUSION
              Le Conseil des Communautés européennes , -
              Vu le Traité instituant la Communauté Européennes de
  l' énergie atomique et notamment son article 101 alinéa 2 ,
              Vu le projet de la Commission ,
              Considérant l' échange de lettres entre la Commission des
 Communautés européennes et l' Agence Interantionale de l' Energie (AIE )
 indiquant l' intention des Communautés européennes de participer à
 certains accords de recherche et de développement préparés sous
 l' égide de l' AIE ,
              Considérant que la Commission a négocié conformément aux
directives du Conseil sa participation à
 1 ) un accord de mise en oeuvre pour un programme de recherche et
      de développement sur les interactions plasma-parois dans Textor
2 ) un accord de mise en oeuvre pour un programme de recherche et
      de développement sur les bobinages superconducteurs pour la fusion
qui ont été préparés sous l' égide de l' Agence Interantionale de
l' Energie ,
             Considérant qu' il convient d' approuver la conclusion de
ces deux accords
DECIDE
                                  Article I
             La conclusion de l' accord de mise en oeuvre pour un
programme de recherche et de développement sur
                                                                /
 ---pagebreak---                          - 2 -                ANNEXE D
les interactions plasma-parois dans Textor .
                         Article II
          La conclusion de l' accord de mise en oeuvre pour un
programme de recherche et de développement sur les bobinages
superconducteurs pour la fusion .
 ---pagebreak---                      PICHE FESTABCIEHE
Accord pour un programme de Recherche et de Development sur les
interactions Plasma-parois dans Textor *. .
Accord pour un programme de Recherche et de Development sur les "bobinages
superconducteurs pour la fusion .
La participation de la Communauté dans ces accords n' implique pas d' enga­
gements financiers outre ceux déjà approuvés dans les contrats d' associa­
tion existants . Veuillez vous référer au chapitre 3 « 20 "Fusion et Physi­
que des Plasma"*
La signature de ces accords permettra à Euratom l' entreprise de certaines
tâches spécifiques *