CELEX: 51976PC0523
Language: en
Date: 1976-09-30
Title: PROPOSED COUNCIL DECISION amending Decision No 76/345/EURATOM adopting a five-year research and training programme (1976/1980) of the European Atomic Energy Community in the field of fusion and plasma physics.#DRAFT JET (submitted to the Council by the Commission)

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DOCUMENTS "COM"
COM (76) 523
Vol. 1976/0157
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                          COM(76)523 final.
                                          Brussels , 30 September 1976 .
                       PROPOSED COUNCIL DECISION
 amending Decision No 76/ 345/ EURATOM adopting a five-year research
 and training programme ( 1976/1980 ) of the European Atomic Energy
        Community in the field of fusion and plasma physics .
                              DRAFT  JET
            ( submitted to the Council by the Commission )
                     \
                 ;
 COM ( 76) 523 final
 ---pagebreak---                                  Explanatory Note
Following the declaration of the Foreign Ministers Council of 19-20 July
1976 ( 1 ) the Commission is submitting to the Council a proposed decision
concerning the realization of the JET project in the frame of the Community
pluriannual programme 1976 /80 in the field of controlled thermonuclear
fusion and plasma physics .
This proposal has be prepared taking into account the discussions within
the competent consultative bodies of the Commission , in particular the CCF ,
on the following subject       :
                   1 ) Financial key
                   2 ) Legal form of the project
                   3 ) Statute of the staff
                   4 ) Site .
1.      Financial key
1.1     Principies
1.1 .        Taking into account the importance of the project for the fusion
             programme of the Community and taking into account the necessity
             of realizing a project of such a size as a Community venture , the
             financing of the project should be undertaken to a large extent
             by the Community .
1.1.2        On the other hand , in order to ensure the direct commitment of
             the Associated Laboratories to the realization of this joint
             project , a financial participation on their part is necessary .
( 1 )" The Council held an exchange of views on the JET research programme on
       controlled thermonuclear fusion . It formulated a favourable opinion on
       the rapid initiation of this project in the framework of the Community
       multiannual research and training programme ( 1976-1980 ) ; the
       necessary decisions will be submitted to the next Council of Ministers
       responsible for research'.1
 ---pagebreak---                                                                 2.
1.1.3      In view of the advantages which will result for the host Country
           from the realization of the project on its territory , this
           Country should make a special contribution to the Project .
1.2 Prop£sed Solution
1.2.1      The Commission maintains its proposal to charge 80 % of the cost ( 108 iIUC(l )
           of the project to the general budget of the Communities .
1.2.2      The remaining 20 % will be apportioned among all the other
           Partners in proportion to the contributions of the Commission to
            the annual budgets of the Associations ( excluding the 20 %
            additional support to priority actions ) , these contributions
           being expressed in European Units of Account .
1.2.3      The special contributions from the host Country consist of
            all expenditure necessary for the provision of the site to the
           Project in " standard condition" ( 2 ) and for the de-commissioning of
            the device at the end of its operation .
Should the Council consider that the host Country must , in addition , make a
special financial contribution to the Project , the Commission recommends
the following distribution of the remaining 20 % : 5 % to be paid by the
host Country and 15 % apportioned among all the Partners as detailed in
1.2.2 .
( 1 ) It should be remembered that the cost of JET has been calculated at the
      prices , without taxes , of March 1975 in Belgian francs , at free market
      exchange rates , then converted into units of account at the official rate :
      50 FB = 1 UC .
(2)   in particular : connection of electric power supplies , auxiliary
      buildings , cooling water .
                                                                 . 73
 ---pagebreak---                                                                       3.
2.    Legal Form of the Project
2. 1  Princrgles_ _
      The organization and management of the JET Project shall meet the
      following requirements :
2.1.1 .    The importance , the scientific and engineering complexity of
            the Project , together with its size and cost , demand a form of
           management organisation in which decisions can be taken and
           executed without delays .
2.1.2      The management bodies carrying out the Project must carry
           full responsibility for it on all aspects : scientific , financial
           and administrative .
2.1.3      Ic will be vital to the prospects of success of the Project
           that an effective collaboration and interaction is established
           between the Project and the Associated Laboratories .
2.2   Proposal
2.2.1      Considering the importance , the scientific and engineering
           complexity of the project , together with its size and cost , the
           Commission proposes to establish a Joint Undertaking in the
           meaning of Articles 45 to 51 of the treaty establishing EURATOM ,
           provided that the Joint Undertaking shall not bear any financial
           charge resulting from indirect taxes on commercial dealings
           included in the price of goods purchased by or services rendered
           to it .
           This condition can be achieved either by means of exemption from
           or reimbursement of such taxes , or by any other form of financial
           compensation . These results can be achieved either by application
           of article 3 of the Protocol on the Privileges and Immunities of
           the European Communities or by adequate measures taken by the
           host country .
                                                                ./3 bis
                           υ
 ---pagebreak---                                                          3 bis
2.2.2 The Commission will start immediately after the site decision
      the procedure provided for in Article 46 of the Treaty and will
      formulate together with the Partners the proposals relating to
      that Joint Undertaking and submit them to the Council as soon as
      possible . In the meantime , in order to avoid any delay , the
      Project can be carried on under a contract between Euratom and
      all the organizations associated to the fusion programme . This
      contract will be an extension and an adaptation of the JET Design
      Agreement .
 ---pagebreak--- 3.    Statute of the staff
3.1   Principles
3.1.1       The Project Tean. will comprise staff from all the Associated
            Laboratories , ~rom industry , from other sources , or at present
            employed by the J"RC .
            Conditions of employment must be adequate to ensure ability to
            recruit staff from abroad . These conditions of employment must
            at the same time ensure a certain homogeneity in order to avoid
            difficulties within the team . The salaries of t^is part of the
            staff should not be subject to income taxes in the host country .
3.1.2       Tin conditions of employment of the staff provided by the host
            organization should be the same as those of the other staff of
            that organization working at the site .
3.1.3       To ensure effective management of the team , it is essential
            that all the staff is under the authority of the Head of Project .
3 . 2 Pro_posed_solu_t21on _
3.2.1       All the staff , except that provided by the host organization ,
            will be employed by the Communities to fill temporarily temporary
            posts ( see Article 2 . a of the Conditions of Employment of other
            servants of the Communities ) and assigned to the Joint Undertaking .
            The Commission proposes that a maximum of 250 temporary posts be
            allocated to the Fusion Programme for the construction of JET .
                                                                 ./ 5
 ---pagebreak---                                                         5.
3.2.2 The staff provided by the host organization will be seconded
      to the Project but will remain in the employment of that
      organization on their normal conditions of service .
3.2.3 All the Associations must commit themselves to re-employing
      their own staff they will have provided to JET at the end of
      their service with the Project .
3.2.4 All the staff will be placed under the direction of the Head
      of Project .
 ---pagebreak---                                                                  6.
4.   Site
4.1  The Commission concluded its communication to the Council on the site
     of JET , submitted on 29 January 1976 (doc . COM(76 ) 8 final ) with the
     statement that tht site for JET must be Ispra . The Commission
     maintains its p iiion on this point .
4.2  In June 1976 tb -; Co.. ission ( 1 ) already stressed the urgency of a
     final decision . All tha arguments put forward are valid "a fortiori "
     at present .
4.3  The Commission proposes that , in case no agreement on the site is
     reached before the end of 1976 , the Council request the Commission to
     choose the site on the basis of a recommendation by the JET Council
      (majority of two thirds of votes ).
Communication of the Commission to the Council on the JET Project , (doc .
COM(76 ) 271 final ).
 ---pagebreak---                     PROPOSED   COUNCIL  DECISION
  amending Deoision No 76/345/Euratom adopting a five–year research
  and training programme ( 1976/1980 ) of 'the European Atomic Energy
  Community in the "ield of fusion and plasma physics .
  THE   COUNCIL  ?F       EUROPEAN   COMMUNITIES ,
  Having regard to the Treaty establishing the European Atomic Energy
  Community , and in particular Article 7 thereof ;
  Having regard to the proposal from the Commission submitted after
  consultation with the Scientific and Technical Committee ;
  Whereas by Decision No 76/345/Eu^a-tom the Council adopted a five-
  year research and training programme ( 1976/1980 ) ^       field of
  fusion and plasma physics }
  foiereas it is necessary to provide the Community with a large machine
  of the Tokamak type ( JET : "Joint European Torus");
  Whereas the organizations associated to the fusion programme will
  bear 20% of the total cost of the construction of JET;
( Whereas the Government of the host Country will bear 5% and all the
  organizations associated io the fusion programme will bear 15$ of
  the total cost of the construction of JET; )
  Whereas the host Country will bear all the costs necessary to provide
  the JET project with the site in the required condition as well as all
   the costs for de-commissioning the device at the end of its operation ;
  Whereas the Government of the host Country commits itself to exempting
  the JET project from indirect taxes or sale taxes included in the
  price of movable or immovable property acquired fcr the execution
  of the projeot .
 ---pagebreak--- Whereas , in order to ensure "the continuity of the said five–year
programme which , moreover , takes its place in the wider context
of the security of the long-term energy supplies of the Community ,
it must he adequately supplemented with regard to the realization
of the JET project ,
HAS   DECIDED   AS  FOLLOWS :
Article 1
The programme set out in the Annex to Decision No 76/345/Euratom
shall he replaced "by the programme annexed to this Decision .
Article 2
Article 2 of Decision No 76/345/Euratom shall "be replaced "by the
following :
    " The maximum amount of expenditure commitments and the staff
      necessary for the implementation of this programme is
       estimated at 232 000 000 units of account and 113 Community
       servants plus 250 temporary servants , the unit of account
      "being defined in Article 10 of the Financial Regulation of
       25 April 1973 applicable to the general "budget of the
      European Communities . "
Done at Brussels ,
                                     For the Council
                                      The President
 ---pagebreak---                               AOTEX
                 FUSION  AND   PLASMA   PHYSICS
1.   The subject matter of the programme which will "be executed shall be :
   - a)   general physics in the sector concerned , in particular studies
          of a basic character or relating to confinement with suitable
          devices and to methods for producing and heating plasma;
     b)   research into the confinement , in closed configurations , of
          plasma of widely varying density and temperature ;
     c)   production of and research into plasma of high and very high
          density ;
     d)   improvement of diagnostic methods ;
     e)   investigation into technological problems connected with current
          research and problems relating to thermonuclear reactor technology ;
     f)   realization of the JET project .
     The work referred to -under a), b ), c ), d) and e ) shall be carried
     out by means of association or limited duration contracts designed
     to yield the results necessary for the implementation of the programme .
     For the realization of the JET project a Joint Undertaking in the
     meaning of Articles 45 to 51 of the EtJRATOM treaty will be established .
     Until this Joint Undertaking is established , the project will be
     executed by extension and adaptation of the JET Design Agreement .
2.   The programme set out in point 1 shall be part of a long-term co­
     operative project embracing all work carried out in the Member States
     in the field of fusion and plasma physics .    It is designed to lead in
     due course to the joint construction of prototypes with a view to
     their industrial-scale production and marketing.
                                                                   ,  ·  »/ 2 .
 ---pagebreak--- A maximum amount of 232 million units of account and a maximum
number of 113 employee :, plus 250 temporary employees for JET shall
"be allocated to this objective . The amount in question is intended
to cover :
–     expenditure relating to the construction of JET;
–     expenditure on equipment concerned with operations accorded
      priority status ;
–     the cost of staff mobility ;
–     other expenditure relating to operations to be carried out
      under the programme .
 Within the upper limit of 232 million units of account :
 a)   a maximum amount of 108 million units of account shall be
      allocated to the financing of the construction of JET , a
      rate of participation of 80% being applied;
b)    a maximum amount of 39 million units of account shall be
      allocated to the financing of the operations specified in
      paragraph 5 > a standard preferential rate of participation
      of about 45 being applied . In return , all partner associations
      shall have the right to take part in the experiments carried
      out with this equipment ;
 c)   a maximum amount of four million units of account shall be set
      aside for administration costs and for expenditure intended to
      ensure the mobility of research staff of the Member States
      necessary if they are to work in organizations cooperating
      in the implementation of the programme ;
 d)   the amount not set aside for the operations and expenditure
      referred to in a) , b ) and c) shall form the upper limit of
      financial participation by the Community in other expenditure
       incurred by the associations . This participation shall be at
      a standard rate of about 25$.
                                                                   ./3 .
 ---pagebreak---                                - 3 -
5. After conducting a technical examination of the various projects ,
   the Commission may , within the following upper limits , finance at
   a rate of about 45$ the operations mentioned "below , which are
   acoorded priority status lay the liaison group :
                                                  ( million units of
                                                        account )
        Tokamak systems and JET                            50
        High-beta systems                                  20
        Low-beta systems ( Stellarator)                     5
        Heating and injection processes                    12
        Technology                                         18
        Veiy high density processes                         2
   Each of these amounts shall constitute the maximum expenditure    to
   be taken into consideration for each of the above priority operations .
   Moreover , the total amount for all operations shall not exceed 86.7
   million units of account .