CELEX: 51988PC0603
Language: en
Date: 1988-10-28
Title: DRAFT COUNCIL DECISION approving the conclusion by the Commission of the Agreement for cooperation between the European Atomic Energy Community and the Government of Japan in the field of controlled thermonuclear fusion. (presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (88) 603
Vol. 1988/0204
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                              COM ( 88 ) 603   final
                                              Brussels , 28 0ctober 1988
                           DRAFT COUNCIL DECISION
   approving the conclusion by the Commission of the Agreement for
   cooperation between the European Atomic Energy Community and the
   Government of Japan in the field of controlled thermonuclear fusion .
                       ( presented by the Commission )
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 ---pagebreak---                COMMUNICATION FROM THE COMMISSION
                        TO THE COUNCIL
On  2 June 1987 , the Council , in accordance with Article 101 ,
paragraph 2 of the EURATOM Treaty , adopted directives for the
Commission to negotiate an Agreement for cooperation between the
European Atomic Energy Community and the Government        of Japan in
the field of controlled thermonuclear fusion .
Subsequently , negotiations took place involving officials from
the four Ministries involved on the Japanese side and frcm the
Commission , on the European side . Agreement was reached at this
level on the    annexed  text .   The   Commission  considers  that it
conforms   completely with      the   negotiation  Directives  of  the
Council .
The Commission states that , in general and in      all specific cases
so  far   identified ,  actions     foreseen  under this Agreement are
covered by the Community Fusion programme and , therefore , no
additional .- funding will be required . Should it envisage new
actions which are not covered by the Fusion programme , the
Commission will present the appropriate proposals to the Council
in good time for the Council to take decisions on them .
The Commission proposes that the Council approves the conclusion
by the Commission of the Agreement in accordance with
Article 101 , paragraph 2 of the EURATOM Treaty .
 ---pagebreak---                          DRAFT COUNCIL DFCISION
approving t he conclusion by t lit* Commission of the Agreement for
cooperation between the European Atomic Energy Community and the
Government of Japan in the field of controlled thermonuclear fusion .
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing         the European Atomic Energy
Community , and in particular the second         paragraph of Article 101
thereof ,
Having regard to the draft Decision submitted by the Commission ,
Whereas the   Commission has ,    in accordance with the Council Directive
of 2 June 1087 ,   conducted negotiations on cooperation between the
European Atomic    Energy Community and the Government of Japan in the
field of controlled thermonuclear fusion :
Whpreas   the . conclusion   by   the  Commission   of  the  Agreement  for
cooperation should be approved .
HAS DECIDED AS FOLLOWS :
                                Soie Article
The conclusion    of the   agreement for cooperation between the European
Atomic Energy Community and the Government of Japan in the field of
controlled thermonuclear fusion by the Commission for and on behalf of
the Community is hereby approved .
The text of the Agreement is annexed to this Decision .
Done at Brussels                             For the Council
                                             The President
 ---pagebreak---                                    DRAFT
                        AGREEMENT FOR COOPERATION
              BETWEEN THE EUROPEAN ATOMIC ENERGY COMMUNITY
                       AND THE GOVERNMENT OF JAPAN
             IN THE FIELD OF CONTROLLED THERMONUCLEAR FUSION
The   European Atomic Energy Community ( hereinafter referred to as
" EURATOM"), and the Government of Japan collectively referred to as
" the Parties ",
Noting    the    existing    cooperation    in the  field  of   controlled
thermonuclear fusion between the Parties , and wishing to maintain and
strengthen cooperation in this field ,
Desiring to      facilitate the achievement of fusion energy as a
pq.tentially environmentally acceptable , economically competitive , and
virtually limitless source of energy ,
Recognizing the commonality and complementarity of          the   Parties'
programmes in fusion energy research and development .
Taking into account the accomplishments of , and opportunities for ,
collaboration     under   the    International   Energy   Agency of the
Organization for Economic Cooperation and Development ,
Have agreed as follows :
                                 ARTICLE I
The objective of this Agreement is to maintain and intensify
cooperation between the Parties in the areas covered by their respec ¬
tive fusion programmes , on the basis of equality and mutual benefit ,
in order to develop the scientific understanding and technological
capability underlying a fusion power system .
                                ARTICLE II
Cooperation under this Agreement may be undertaken in the following
areas :
      a.    tokamaks ;
      b.    alternative lines to tokamaks ;
      c.    fusion technology ;
      d.    plasma physics ; and
      e.    other areas as may be mutually agreed ,
 as specified in the Annexes I , II and III which form an integral part
 of this Agreement .
 ---pagebreak---                                     2
                               ARTICLE III
Cooperation in the areas    referred to   in Article  II may   include the
following activities :
     a.   exchange and provision of information ;
     b.   exchange of personnel ;
     c.   meetings of various forms ;
     d.   exchange and provision of samples , materials , instruments ,
          and components ;
     e.   execution of joint studies , projects or experiments ; and
     f.   other activities as may be mutually agreed ,
as specified in the Annexes I , II and III .
                               ARTICLE IV
1.   The cooperation shall be conducted in accordance with the Annexes
     I , II and III , by EURATOM or any entity or organization
     associated   with   it  within   the framework of the EURATOM Fusion
     Programme or the Joint European Torus ( JET ) Joint Undertaking ,
     designated by EURATOM for this purpose , and on the Japanese side
     by the Monbusho , the Ministry of International Trade and Industry
     and the     Science and     Technology Agency or any entity or
     organization designated by them for this purpose .
2.   (1)  The Annexes shall continue in force as long as this
          Agreement remains in force , unless terminated earlier in
          accordance with sub-paragraph ( 2 ) below .
     (2)  Each Annex may be terminated at any time at the discretion
          of either Party , upon six months' advance notification in
          writing by the Party seeking to terminate the Annex . Such
          termination shall be without prejudice to the rights that
          may have accrued under each Annex up to the date of its
           termination .
     (3)  All activities not completed at the expiry of each Annex may
          be continued until their completion under      the terms  of the
          Annex concerned .
     (4)   In the event that , during the period of the Agreement , the
          nature of either Party 's fusion programme should change
          substantially , whether this be by substantial expansion ,
          reduction or transformation , or by an amalgamation of major
          elements with the fusion programme of a third party , either
          Party shall have the right to request revisions in the scope
          and terms of the Annexes concerned .
 ---pagebreak---                                       3
                                  ARTICLE V
1.   The Parties shall establish a Coordinating Committee to facili ¬
     tate the     coordination      and    implementation     of cooperative
     activities under this Agreement .          Each Party shall appoint an
     equal number of members to the             Coordinating Committee and
     nominate one    of    its   appointed   members   as   the   head  of its
     delegation .
2.   The Coordinating Committee shall meet annually , alternately in
     Europe and in Japan , or at other agreed times and places . The
     head of the delegation of the host Party shall chair the meeting .
3.   The functions of the Coordinating Committee shall include :
     (1)  reviewing    and     monitoring   the    progress   of   cooperative
          activities ;
     (2)  exchanging information and         views   on scientific and tech­
.         nological policy issues ; and
     (3)  discussing future cooperative activities .
                                 ARTICLE VI '
Treatment of information , industrial property and               copyright in
connection with the cooperative activities under this Agreement is
provided in the Annexes I , II and III . These provisions are identical
in all the Annexes .
                                 ARTICLE VII
Nothing in this Agreement shall be construed to prejudice existing or
future arrangements for cooperation between the Parties .
                                ARTICLE VIII
1.   Performance of the Parties under this Agreement shall          be subject
     to the availability of appropriated funds .
2.   Cooperation under this Agreement shall be in accordance with the
     laws and regulations applicable in the respective countries and
     to EURATOM .
3.   Each Party shall use its best endeavours , within the framework of
     the applicable laws , to facilitate the accomplishment of
     formalities involved      in the   movement of   persons , the import of
     materials and equipment and the transfer of currency , which shall
     be required to conduct the cooperation .
4.   Compensation for damages incurred during the implementation of
     this Agreement shall be in accordance with the laws applicable in
     the respective countries and to EURATOM .
 ---pagebreak---                                       4
                                ARTICLE IX
All  questions   related   to   this    Agreement will be settled by mutual
consultations of the Parties .
                                 ARTICLE X
1.   This Agreement shall enter      into force   on the     date of signature
     thereof .    It shall remain in force for three years and shall
     continue in force thereafter unless terminated by either Party at
     the end of tiie initial three-year period or at any time
     thereafter by giving to the other Party at least six months’
     written advance     notice   of    its  intention    to   terminate   this
     Agreement .
2.   The termination of this Agreement shall not affect the carrying
     out of any project or programme undertaken under this Agreement
     and not fully executed at the time of termination of this
     Agreement .
3.   The termination of this Agreement or its Annexes shall not affect
     rights and obligations under Article VI or any agreement made in
     accordance with Article VI .
                                ARTICLE XI
1.   This Agreement shall apply , in so far as EURATOM is concerned , to
     the territories in which the Treaty establishing the European
     Atomic Energy Community is applied and under the conditions laid
     down in that Treaty .
2.   Whenever in this Agreement the words              " country ", " entity” ,
     " organization " or " national " are used with reference to EURATOM ,
     they shall be understood to mean or to refer to the Member States
     of EURATOM as well as to the Kingdom of Sweden and the Swiss
     Confederation which are both       associated with    the EURATOM Fusion
     Programme and represented in the JET Joint Undertaking .
DONE at                   on the                           day
of                     , 1988 , in duplicate in the English and Japanese
languages , each version being equally authentic .
FOR THE EUROPEAN ATOMIC                           FOR     THE   GOVERNMENT   OF
ENERGY COMMUNITY                                  JAPAN
 ---pagebreak---                                        5
                                   Annex I
Pursuant to Article IV of this Agreement , the Parties hereby establish
the following arrangements for specific implementing procedures and
details for a programme of cooperation in the area of fusion research
and development between EURATOM and the Monbusho of Japan ( Monbusho )
( hereinafter in this Annex referred to as " the Cooperation ").
1.    EURATOM and Monbusho ( hereinafter jointly referred to as " the
      Implementing Agencies ") shall each appoint a contact person who
      is responsible for the coordination of the Cooperation and for
      reporting, to the Coordinating Committee referred to in Article V
      of this Agreement .
2.    The Implementing Agencies may designate appropriate national
      universities and research institutions under their jurisdiction
      or associated with them ( hereinafter referred to as " Designees "),
      with    the  consent   of  the   Designees ,     to   cooperate    in the
    • implémentation of the Coopération .
3.    The Cooperation may be undertaken in the following areas :
      (I)  tokamaks ;
      (2)  alternative     lines  to    tokamaks including inertial confine ¬
           ment ;
       (3)  fusion technology ;
       (4) plasma theory and applied plasma physics ; and
       (5) other areas as may be mutually        agreed by     the Implementing
           Agencies .
 4.    (1)  The Cooperation      may    include    the    following activities
            ( hereinafter referred to as " Cooperative Activities "):
            1)    exchange and provision of scientific and technical
                  information ;
            2)    exchange of scientists for participation in research ,
                  development ,     analysis ,     design ,     planning    and
                  experimental activities ;
            3)    holding of seminars and other meetings ;
            4)    short-term visits by scientists ;
            5)    exchange and provision of equipment , instruments and
                  materials for testing ; and
            6)    other activities as may be mutually agreed by the
                   Implementing Agencies .
 ---pagebreak---                                    6
(2)     When necessary , any specific details and procedures to
        implement activities listed in sub-paragraphs 1 ) to 5 ) of
        paragraph ( 1 ) above may be determined through consultations
        or auxiliary arrangements between the Implementing Agencies
        or the Designees .      Specific terms and conditions necessary
        to implement activities listed in sub-paragraph 6 ) of
        paragraph ( 1 ) above shall be determined through written
        agreement between the Implementing Agencies .
All costs resulting from the Cooperation shall be borne by the
Implementing Agency or the Designee which incurs them unless
otherwise specifically agreed in writing by the Implementing
Agencies .
(1)     The Implementing Agencies shall support the widest possible
        dissemination of information which they have the right to
        disclose and     which is either in their possession or
        available to them , and is provided or exchanged under the
    ... Cooperation subject to the need to protect Proprietary
        Information , to copyright        restrictions ,   and   to the
        provisions of paragraph 8 .
        Upon publication of such information , it shall be made clear
        that the information was obtained under the Cooperation .
(2)     Proprietary Information shall be treated as follows ;
        1)   Definitions
             The term "Proprietary Information"      means scientific or
             technical   data ,   results  or  methods of research and
             development , and any other information intended to be
             provided or exchanged under the Cooperation , such as
             know-how , information directly related to inventions
             and discoveries       as referred     to in paragraph 8 ,
             technical ,   commercial     or    financial   information ,
             provided that it is appropriately marked or considered
             as such in accordance with sub-paragraph ( 2 ) 2 ) below
             and :
             a)    is not generally known or publicly available from
                   other sources ;
             b)    has not previously been made available by the
                   owner to others without obligation concerning its
                   confidentiality ; and
             c)    is not already in the possession of the receiving
                   Implementing Agency       or its Designees without
                   obligation concerning its confidentiality .
 ---pagebreak---                              ?
2)   Procedures
     (i)    An Implementing Agency or its Designees receiving
            Proprietary Information          under the Cooperation
            shall respect the privileged nature thereof . Any
            document which contains Proprietary Information
            shall be clearly marked by the disseminating
            Implementing Agency or its Designees with the
            following ( or substantially similar ) restrictive
            provision :
                 " This      document        contains     Proprietary
                 Information furnished in confidence under the
                 Annex I to the Agreement for Cooperation
                 between the European Atomic Energy Community
                 and the Government of        Japan in   the Field of
                 Controlled Thermonuclear Fusion , dated
                 1988 and shall not be disseminated outside
   .  •          EURATOM and        Monbusho , their contractors ,
                 licensees and the          Designees    without   the
                 prior approval of
                 This     notice      shall    be   marked     on any
                 reproduction of this document , in whole or in
                 part .    These limitations shall automatically
                 terminate when this information         is disclosed
                 by the owner without restriction” .
     ( ii ) Proprietary Information received in confidence
            under the Cooperation may be disseminated by the
            receiving Implementing Agency or its Designees to :
            a)   persons within or employed by the          receiving
                  Implementing Agency or by other           concerned
                 Government departments and agencies        or by the
                 Designees in the country of the            receiving
                  Implementing Agency ;
            b)   contractors       or     subcontractors     of    the
                 receiving      Implementing       Agency or       its
                 Designees in the country of the receiving
                  Implementing Agency for use only within the
                  framework     of     their    contracts   with   the
                 receiving      Implementing       Agency or       its
                 Designees in work 'relating to the subject
                 matter of the Proprietary Information ;
            provided    that   any Proprietary        Information   so
            disseminated     shall    be  marked with a restrictive
            provision substantially            identical    to    that
            appearing in sub-paragraph ( 2 ) 2 ) ( i ) above .
 ---pagebreak---                                   8
             ( iii)With the prior written consent of the Implemen ¬
                   ting Agency      providing Proprietary Information
                   under the Cooperation , the receiving Implementing
                   Agency     may     disseminate    such     Proprietary
                   Information more widely than otherwise permitted
                   in the foregoing       sub-paragraph    ( ii ).    The
                   Implementing Agencies shall cooperate with each
                   other in developing procedures for requesting and
                   obtaining   prior   written  consent   for such wider
                   dissemination , and each Implementing Agency will
                   grant such approval to the extent permitted by the
                   laws and regulations applicable in the respective
                   countries and to EUHATOM and by policies of the
                   Parties .
   (3)  If one of the Implementing Agencies becomes aware that it or
        its Designees will be , or may reasonably be expected to
        become , unable   to meet   the restrictions  and conditions of
 .      dissemination in this paragraph , it shall immediately inform
        the other Implementing Agency .      The Implementing Agencies
        shall thereafter consult to define an appropriate course of
        action .
   (4)  Information arising from seminars , workshops , and other
        meetings , the assignment of staff , use of facilities and
        exchange of equipment arranged under the Cooperation shall
        be treated by the Implementing Agencies and their Designees
        according to the principles specified in this paragraph ,
        provided that no Proprietary Information orally communicated
        shall be subject to the limited disclosure requirements of
        the Cooperation unless the individual communicating such
        information places the recipient on notice as to the
        proprietary nature of the information communicated .
7. The transmitting Implementing Agency or its Designees in its
   relation with the receiving Implementing Agency or its Designees
   does not warrant the suitability of any information transmitted
   for any particular use or application .
8. (I)  With respect to any invention or discovery made or conceived
        in the execution of the Cooperation , the Implementing
        Agencies will take all necessary steps within the framework
        of the applicable laws and regulations with a view to
        realizing the following .
        1)   Where the invention or discovery is made or c ucei'ed
             by personnel ( the Inventor ) of either I ir ’ m-nting
             Agency ( the Assigning Agency ) or its Designee-:, or
 ---pagebreak---                                9
        their contractors         while    assigned     to    the other
        Implementing Agency ( the Receiving Agency ) or its
        Designees or their contractors in connection with
        exchanges     of      scientists ,     engineers     and   other
        specialists :
        (i)    the Receiving Agency or           its Designees shall
               acquire all rights , title and interest in and to
               any such invention or discovery in its own country
               and in third countries : and
     .. ( ii ) the Assigning Agency or its Designees or the
               Inventor shall acquire all rights , title and
               interest in and to any such invention or discovery
               in its own country .
2)      In cases to which sub-paragraph i ) above does not apply
        and where the invention or discovery is made or
        conceived by       personnel ( the       Inventor ) of either
  . _ . Implementing      Agency     or    its    Designees or their
        contractors as a direct result of employing information
        which     has    been     communicated    to   them   under  the
        Cooperation by the other Implementing Agency or its
        Designees or their contractors or communicated during
        seminars or other joint meetings , the Implementing
        Agency or its Designees or their contractors whose
        personnel make the invention or the Inventor shall
        acquire all    rights , title , and interest in and to such
        invention or discovery in all countries .
3)      Either the    Implementing      Agency   or   its   Designees or
        their    contractors     or   the Inventor , whichever of them
        owns the invention referred to in         sub-paragraph ( 1 ) 1 )
        and 2 )   above shall license such invention to the other
        Implementing Agency , its Designees , its Government and
        the    nationals of its country designated by it , upon
        request of the other Implementing Agency or its
        Designees on reasonable terms and conditions .
4)      With regard      to   industrial property rights related to
         inventions or discoveries resulting from Cooperative
        Activities     other      than    exchange of personnel or
         information , the Implementing Agencies or the Designees
        shall , prior to commencing such Cooperative Activities ,
        decide on an appropriate distribution of such rights
         taking into consideration the benefits , rights and
        contribution of the Implementing             Agencies or the
        Designees .
 ---pagebreak---                                      10
       (2)  The provisions of the preceding sub-paragraph ( 1 ) of this
            paragraph shall apply mnta tis mutandis to the protection of
            utility model and of design .
       (3)  Each Implementing Agency or its Designees shall assume the
            responsibility to pay awards or compensation required to be
            paid to its own employees or nationals of respective
            countries in accordance with the applicable laws .                Each
            Implementing     Agency   or   its Designees shall , without
            prejudice to any rights of inventors under the applicable
            laws., take all necessary steps to provide the cooperation of
            its inventors required to implement the provisions of this
            paragraph .
9.     Copyrights of the Implementing Agencies or the Designees shall be
       accorded treatment consistent with        the Universal Copyright
       Convention as revised at Paris on 24 July , 1971 .                   As to
     ' copyrights on materials within the scope of sub-paragraph ( 1 ) of
.      paragraph . .-6 above owned or controlled by either Implementing
       Agency or its Designees , that Implementing           Agency or its
       Designees shall make efforts to grant to the other Implementing
       Agency or its Designees a license to reproduce or translate
       copyrighted material .
10 .   With respect to the exchange of staff under the Cooperation , the
       following provisions shall apply .
       (1)  Whenever an exchange of staff is contemplated under the
            Cooperation , each Implementing Agency or its Designees shall
            ensure that qualified staff are selected for assignment to
            the other Implementing Agency or its Designees .
       (2)  Each such assignment of staff shall be the subject of a
            separate assignment agreement between          the Implementing
            Agencies or the Designees .
       (3)  Each Implementing Agency or its Designees shall be respon ¬
            sible for the salaries , insurance and allowances to be paid
            to its staff .
       (4)  Unless otherwise agreed , the sending Implementing Agency or
            its Designees shall pay for the travel and living expenses
            of its staff while on assignment .
       ( 5) The receiving Implementing Agency or its Designees shall
            arrange for adequate accommodation for the a . . i <-->> ' < : st aff
            and their families on a mutually agreeable recinrc 1 rsi .,.
       (6)  The    receiving  Implementing  Agency    or its Designoi       shall
            provide all necessary assistance to the assigi          si.vi’f and
             their families as regards adminis' rat i \ for-m )           ‘ : ava 1
            arrangements , etc. ).
 ---pagebreak--- (7)   The assigned staff of the sending Implementing Agency or its
      designees shall conform to the general and special rules of
      work and safety regulations           in   force    at    the host
      establishment , or       as agreed in a separate assignment
      agreement .
In the event that equipment , instruments , materials or necessary
spare parts ( hereinafter jointly referred to as " equipment ,
etc .") are to be exchanged or provided by one Implementing Agency
or its Designees , to the other Implementing Agency or its
Designees., the following provisions shall apply covering the
shipment and use of such equiment , etc .
(1)   The sending Implementing Agency or its Designees shall
      supply as soon as possible a detailed list of the equipment ,
      etc .    to   be    provided    together    with    the    relevant
      specifications       and      technical      and     informational
      documentation .
<2)   Equipment , etc . provided by the sending Implementing Agency
      or its Designees shall remain their property and shall be
      returned to the sending Implementing Agency or its Designees
      upon completion of the mutually agreed activity unless
      otherwise agreed .
(3)   Equipment , etc . shall be brought into operation at the host
      establishment only        by   mutual    agreement     between the
       Implementing Agencies or the Designees .
(4)   The receiving Implementing Agency or its Designees shall
      provide the necessary premises for the equipment , etc . and
      shall provide for electrical power , water , gas , etc ., in
      accordance with technical requirements           which shall be
      mutually agreed       by the     Implementing Agencies or the
      Designees .
( 5)  Unless otherwise agreed , responsibility for the transport of
      the equipment , etc . from the sending Implementing Agency or
       its Designees to their ultimate destination in the country
      of the receiving Implementing Agency or its Designees and
       return , and for their safekeeping and insurance en route ,
       together with expenses relating thereto shall be undertaken
      by the sending Implementing Agency or its Designees .
 (6)  The receiving Implementing Agency or its Designees shall
       notify the customs authorities that it considers the
      equipment ,. etc . provided by the sending Implementing Agency
      or its Designees for carrying out mutually agreed activities
       to be of a scientific     character   and  not  of    a commercial
       character .
 ---pagebreak---                                       12
                                   Annex 1 1
Pursuant to      Article IV of this Agreement , the Parties hereby
establish the       following arrangements       for specific implementing
procedures and details for a programme of cooperation in the area of
fusion research and development between EliRATOM and the Ministry of
International Trade and Industry of Japan ( MITI ) ( hereinafter in this
Annex referred to as " the Cooperation ").
1 .  EURATOM    and   MITI   ( hereinafter   jointly   referred  to  as  " the
     Implementing Agencies ")      shall each   appoint a contact person who
     is responsible for the       coordination of    the Cooperation  and for
     reporting to     the Coordinating Committee referred to in Article V
     of this Agreement .
2.   The Implementing Agencies may designate their               attached or
     associated institutes ( hereinafter referred to as " Designees” ),
     with the consent of the Designees ,              to cooperate    in the
     implementation of the Cooperation .
3.   The Cooperation may be undertaken in the following areas :
     (1)  tokamaks , including the projects of present generation and
          activities related to those of the next generation :
      (2) alternative lines to tokamaks including inertial confinement
          and reversed field pinch :
      (3) fusion technology including plasma engineering ;
      (4) plasma theory and applied plasma physics ; and
      (5) other areas      as may   be mutually   agreed by the Implementing
          Agencies .
4 .   (1) The Cooperation         may include     the following activities
           ( hereinafter referred to as " Cooperative Activities "):
           1)    exchange and provision of information and data on
                 scientific and       technical activities , developments ,
                 practices and results , and on programme policies and
                 plans ;
          2)     exchange of scientists , engineers and other specialists
                 for agreed periods of time in order to participate in
                 experiments , analysis , design and other research and
                 development activities ;
          3)     meetings of various forms to discuss and exchange
                 information on scientific and technological aspects of
                 general     or    specific    subjects    and   to identify
                 cooperative actions ;
 ---pagebreak---                                13
     4)    exchange and provision of samples , materials ,
           instruments and components for experiments , testing and
           evaluation ;
     5)    conduct of joint       studies , projects or experiments
           including their        joint design ,    construction and
           operation ; and
     6)    other activities    as may be mutually agreed by the
           Implementing Agencies .
(2)  When necessary , any specific details and procedures to
     implement activities listed in sub-paragraphs 1 ) to 5 ) of
     paragraph ( 1 ) above may be determined through consultations
     or auxiliary arrangements between the Implementing Agencies
     or the Designees .      Specific terms and conditions necessary
     to implement activities listed in sub-paragraph 6 ) of
     paragraph ( 1 ) above shall be determined through written
     agreement between the Implementing Agencies .
All costs resulting from the Cooperation shall be borne by the
Implementing Agency or the Designee which incurs them unless
otherwise specifically agreed in writing by the Implementing
Agencies .
(1)  The Implementing Agencies shall support the widest possible
     dissemination of information which they have       the right to
     disclose and       which is either in their possession or
     available to them , and is provided or exchanged under the
     Cooperation subject to the need to protect Proprietary
     Information , to      copyright    restrictions ,  and      to the
     provisions of paragraph 8 .
     Upon publication of such information , it shall be made clear
     that the information was obtained under the Cooperation .
(2)  Proprietary Information shall be treated as follows ;
     1)    Definitions
           The term " Proprietary Information " means scientific or
           technical data , results or methods of research and
           development , and any other information intended to be
           provided or exchanged under the Cooperation , such as
           know-how , information directly related to inventions
           and discoveries      as referred     to in paragraph 8 ,
           technical ,    commercial    or   financial   information ,
           provided that it is appropriately marked or considered
           as such in accordance     with sub-paragraph  ( 2 ) 2 ) below
           and ;
 ---pagebreak---                           14
   a)     is not    generally known or publicly available from
          other sources ;
   b)     has not previously been made available by the
          owner to others without obligation concerning its
          confidentiality ; and
   c)     is not already in the possession of the receiving
          Implementing Agency         or its Designees without
          obligation concerning its confidentiality .
2) Procedures
   (i)    An Implementing Agency or its Designees receiving
          Proprietary Information         under the Cooperation
          shall respect the privileged nature thereof . Any
          document which contains Proprietary Information
          shall be clearly marked by the disseminating
          Implementing Agency or its Designees with the
          following ( or substantially similar ) restrictive
          provision :
                " This       document     contains     Proprietary
                Information furnished in confidence under the
                Annex II to the Agreement for Cooperation
                between the European Atomic Energy Community
                and the Government of Japan in the Field of
                Controlled Thermonuclear Fusion , dated
                         1988   and   shall   not  be disseminated
                outside EIJRATOM and MITI ,     their contractors ,
                licensees and the Designees without the prior
                approval of
                This     notice     shall    be   marked      on any
                reproduction of this document , in whole or
                in      part .      These     limitations       shall
                automatically terminate when this information
                is     disclosed     by     the    owner      without
                restriction ".
   ( ii ) Proprietary Information received in confidence
          under the Cooperation may be disseminated by the
          receiving Implementing Agency or its Designees
          to  :
          a)    persons within or employed by the         >- pc<Mving
                Implementing Agency or by other           concerned
                Government departments and agencies       or by the
                Designees in the country of the           receiving
                Implementing Agency ;
 ---pagebreak---                                 15
                 b)    contractors     or      subcontractors      i f  I he
                       receiving    Implementing       Agency      or   its
                       Designees in the country of the receiving
                       Implementing Agency for use only within the
                     . framework    of     their    contracts     with  the
                       receiving    Implementing       Agency      or   its
                       Designees in work relating to the subject
                       matter of the Proprietary Information ;
                 provided   that   any    Proprietary    Information      so
                 disseminated    shall    be   marked with a restrictive
                 provision    substantially        identical      to   that
                 appearing in sub-paragraph ( 2 ) 2 ) ( i ) above .
           ( iii)With the prior written consent of the Implemen ¬
                 ting Agency . providing Proprietary Information
                 under the Cooperation , the receiving Implementing
                 Agency     may     disseminate       such     Proprietary
       . .       Information more widely than otherwise permitted
                 in    the   foregoing       sub-paragraph     ( ii ).  The
                 Implementing Agencies shall cooperate with each
                 other in developing procedures for requesting and
                 obtaining prior written consent for such wider
                 dissemination , and each Implementing Agency will
                 grant such approval to the extent permitted by the
                 laws and regulations applicable in the respective
                 countries and to EURATOM and by policies of the
                 Parties .
(3) If one of the Implementing Agencies becomes aware that it or
    its Designees will be , or may reasonably be expected to
    become , unable to meet the restrictions and conditions of
    dissemination in this paragraph , it shall immediately inform
    the other Implementing Agency . The Implementing Agencies
    shall thereafter consult to define an appropriate course of
    action .
(4) Information     arising    from   seminars ,   workshops ,    and other
    meetings , the assignment of staff , use of facilities and
    exchange of equipment arranged under the Cooperation shall
    be treated by the Implementing Agencies and their Designees
    according to the principles specified in this paragraph ,
    provided that no Proprietary Information orally communicated
    shall be subject to the limited disclosure requirements of
    the Cooperation unless the individual communicating such
    information places the recipient on notice as to the
    proprietary nature of the information communicated .
 ---pagebreak---                                   16
7. The transmitting Implementing Agency or its Designees in its
   relation with the receiving Implementing Agency or its Designees
   does not warrant the suitability of any information transmitted
   for any particular use or application .
8. (1)  With respect to any invention or discovery made or conceived
        in the execution of the Cooperation , the Implementing
        Agencies will take all necessary steps within the framework
        of the applicable laws and regulations with a view to
        realizing the following .
        1)   Where the invention or discovery is made or conceived
             by personnel ( the Inventor ) of either Implementing
             Agency ( the Assigning Agency ) or its Designees or their
             contractors while assigned to the other Implementing
             Agency ( the Receiving Agency ) or its Designees or their
             contractors in connection with exchanges of scientists ,
             engineers and other specialists :
             (i)    the Receiving Agency or        its Designees shall
                    acquire all rights , title and interest in and to
                    any such invention or discovery in its own country
                    and in third countries ; and
             ( ii ) the Assigning Agency or its Designees or the
                    Inventor shall acquire all rights , title and
                    interest in and to any such invention or discovery
                    in its own country .
        2)   In cases to which sub-paragraph 1 ) above does not apply
             and where the invention or discovery is made or
             conceived by      personnel ( the     Inventor ) of either
             Implementing     Agency     or    its  Designees or their
             contractors as a direct result of employing information
             which     has   been     communicated  to   them   under  the
             Cooperation by the other Implementing Agency or its
             Designees or their contractors or communicated during
             seminars or other joint meetings , the Implementing
             Agency or its Designees or their contractors whose
             personnel make the invention or the Inventor shall
             acquire all rights , title , and interest in and to such
             invention or discovery in all countries .
        3)   Either the    Implementing     Agency or   its   Designees or
             their    contractors    or  the Inventor , whichever of them
             owns the invention referred to in      sub-paragraph ( 1 ) 1 )
             and 2 )   above shall license such invention to the other
             Implementing Agency , its Designees ,     its Government and
 ---pagebreak---                                      17
                 the nationals of its        country designated by it , upon
                 request of the other        Implementing Agency     or its
                 Designees on reasonable terms and conditions .
          4)     With regard to industrial property rights related to
                 inventions or discoveries resulting from Cooperative
                 Activities    other     than , exchange of personnel or
                 information ,   the     Implementing Agencies      or   the
                 Designees shall , prior to commencing such Cooperative
                 Activities , decide on an appropriate distribution of
                 such rights taking into consideration the benefits ,
              .. rights and contribution of the Implementing Agencies or
                 the Designees .
     (2)  The provisions of the preceding sub-paragraph ( 1 ) of this
          paragraph shall apply mutatis mutandis to the protection of
          utility model and of design .
   ' (3)  Each Implementing Agency or its Designees shall assume the
.         responsibility to pay awards or compensation required to be
          paid to its own employees or nationals of respective
          countries in accordance with the applicable laws . Each
          Implementing      Agency    or    its Designees shall , without
          prejudice to any rights of inventors under the applicable
          laws , take all necessary steps to provide the cooperation of
          its inventors required to implement the provisions of this
          paragraph .
9.   Copyrights of the Implementing Agencies or the Designees shall be
     accorded treatment consistent with            the Universal Copyright
     Convention as revised at Paris on 24 July , 1971 . As to copyrights
     on materials within the scope of sub-paragraph ( 1 ) of paragraph 6
     above owned or controlled by either Implementing Agency or its
     Designees , that Implementing Agency or its Desginees shall make
     efforts to grant to the other Implementing Agency or its
     Designees a license to reproduce or              translate copyrighted
     material .
10 . With respect to the exchange of staff under the Cooperation , the
     following provisions shall apply .
     (1)  Whenever an exchange of staff is contemplated under the
          Cooperation , each Implementing Agency or its Designees shall
          ensure that qualified staff are selected for assignment to
          the other Implementing Agency or its Designees .
     (2)  Each such assignment of staff shall be the subject of a
          separate assignment agreement between the Implementing
          Agencies or the Designees .
     (3)  Each Implementing Agency or         its Designees shall be respon ¬
          sible for the salaries , insurance and allowances to       be paid
           to its staff .
 ---pagebreak---                                      18
     (4)  Unless otherwise agreed , the sending Implementing Agency or
           its Designees shall pay for the travel and living expenses
          of its staff while on assignment .
     (5)  The receiving Implementing Agency or its Designees shall
          arrange for adequate accomodation for the assigned staff and
           their families on a mutually agreeable reciprocal basis .
     (6)  The receiving Implementing Agency or its Designees shall
          provide all necessary assistance to the assigned staff and
           their families as regards administrative formalities ( travel
          arrangements , etc .).
     (7)  The assigned staff of the sending Implementing Agency or its
          Designees shall conform to the general and special rules of
          work and safety regulations           in   force   at    the host
          establishment , or       as agreed in a separate assignment
           agreement .
11 . In the event that equipment , instruments , materials or necessary
     spare parts ( hereinafter jointly referred to as " equipment ,
     etc.” ) are to be exchanged or provided by one Implementing Agency
     or its Designees to the other Implementing Agency or its
     Designees , the following provisions shall apply covering the
     shipment and use of such equipment , etc .
     (1)   The sending Implementing Agency or its Designees shall
           supply as soon as possible a detailed list of the equipment ,
           etc .  to     be   provided    together    with   the    relevant
           specifications      and      technical      and    informational
           documenta t ion .
     <2)   Equipment , etc . provided by the sending Implementing Agency
           or its Designees shall remain their property and shall be
           returned to the sending Implementing Agency or its Designees
           upon completion of the mutually agreed activity unless
           otherwise agreed .
     (3)   Equipment , etc . shall be brought into operation at the host
           establishment only       by   mutual    agreement    between the
           Implementing Agencies or the Designees .
     (4)   The receiving Implementing Agency or its Designees shall
           provide the necessary premises for the equipment , etc . and
           shall provide for electrical power , water , gas , etc ., in
           accordance with technical requirements          which shall be
           mutually agreed      by the     Implementing Agencies or the
           Désignées .
 ---pagebreak---                               19 -
( 5) Unless otherwise agreed , responsibility for the tran 'ort of
     the equipment , etc . from the sending Implementing Ag - ncy or
     its Desginees to their ultimate destination in the country
     of the receiving Implementing Agency or its Designees and
     return , and  for their   safekeeping and   insurance en route ,
     together with    expenses relating thereto shall be undertaken
     by the sending Implementing Agency or its Designees .
(6)  The receiving Implementing Agency     or its Designees shall
     notify the     customs authorities    that it considers the
     equipment , etc . provided by the sending   Implementing Agency
     or its Designees for carrying out mutually agreed activities
     to be of a scientific    character  and   not  of  a commercial
     character .
 ---pagebreak---                                    20
                                Annex 1 1 1
Pursuant to      Article IV of this Agreement , the Parties hereby
establish the      following arrangements      for specific implementing
procedures and details for a programme of cooperation in the area of
fusion research and development between EURATOM and the Science and
Technology Agency of Japan ( STA ) ( hereinafter in this Annex referred
to as " the Cooperation ").
1.   EURATOM and STA ( hereinafter     jointly  referred   to  as  " the Im ¬
     plementing Agencies ") shall each appoint a contact person who is
     responsible for the coordination of the Cooperation and for
     reporting to the Coordinating Committee referred to in Article V
     of this Agreement .
2.   The Implementing Agencies may designate official institutions
     whose annual budgets and operating plans are approved by the head
     of the Implementing Agency respectively or its attached or
     associated institutes ( hereinafter referred to as " Designees "),
     with the . consent of the Designees ,         to cooperate      in the
      implementation of the Cooperation .
3.   The Cooperation may be undertaken in the following areas :
      (1)  tokamaks , including the large projects of the present
           generation ( including JET and JT-oO ) and activities related
           to those of the next generation ;
      (2)  alternative lines to tokamaks ;
      (3)  fusion technology ;
      (4)  plasma theory and applied plasma physics ; and
      (5)  other areas as may   be mutually    agreed by   the Implementing
           Agencies .
4.    (1)  The Cooperation     may include      the following activities
           ( hereinafter referred to as " Cooperative Activities” ) :
           1)    exchange and provision of information and data on
                 scientific and     technical    activities , development ,
                 practices and results , and on programme policies and
                 plans ;
           2)    exchange of scientists , engineers and other specialists
                 for agreed periods of time in order to participate in
                 experiments , analysis , design and other research and
                 development actions ;
           3)    meetings of various forms to discuss and exchange
                 information on scientific and technological aspects of
                 general    or  specific     subjects    and   to identify
                 cooperative actions ;
 ---pagebreak---                                      21
        4)      exchange and provision of samples ,                materials ,
                instruments and components for experiments , testing
                and évaluation ;
        5)      conduct of joint        studies , projects or experiments
                including     their     joint design ,      construction and
                operation ; and
        6)      other   activities    as    may be mutually agreed by the
                Implementing Agencies .
   (2)  When necessary , any specific details and procedures to
        implement activities listed in sub-paragraphs 1 ) to 5 ) of
        paragraph ( 1 ) above may be determined through consultations
        or auxiliary arrangements between the Implementing Agencies
        or the Designees . Specific terms and conditions necessary to
        implement activit.es listed in sub-paragraph 6 ) of paragraph
        ( 1 ). above shall be determined through written agreement
        between the Implementing Agencies .
5. All costs      resulting from the Cooperation shall be borne by the
   Implementing Agency or the Designee which incurs them unless
   otherwise specifically agreed in writing by the Implementing
   Agencies .
6. (1)  The Implementing Agencies shall support the widest possible
        dissemination of information which they have the right to
        disclose and which is either in                 their possession or
        available to them , and is provided or exchanged under the
        Cooperation subject         to    the need    to protect Proprietary
         Information ,      to    copyright      restrictions ,  and   to  the
        provisions of paragraph 8 .
        Upon publication of such information , it shall be made clear
         that the information was obtained under the Cooperation .
    (2)  Proprietary Information shall be treated as follows ;
         1)      Definitions
                 The term " Proprietary Information " means scientific or
                 technical data , results or methods of research and
                 development , and any other information intended to be
                 provided or exchanged under the Cooperation , such as
                 know-how , information directly related to inventions
                 and discoveries as referred to in paragraph 8 ,
                 technical , commercial or financial              information ,
                 provided that it is appropriately marked or considered
                 as such in accordance with sub-paragraph < 2 ) 2 ) below
                 and :
 ---pagebreak---                                22
        a)      is not generally known or publicly available from
                other sources ;
        b)      has not previously been made available by the
                owner to others without obligation concerning its
                confidentiality ; and
        c)      is not already in the possession of the receiving
                Implementing Agency or its           Designees without
                obligation concerning its confidentiality .
2) Procedures
        (i)     An Implementing Agency or its Designees receiving
                Proprietary Information        under the Cooperation
                shall respect the privileged nature thereof . Any
                document which contains Proprietary Information
                shall be clearly marked by the disseminating
                Implementing Agency or its Designees with the
                following ( or substantially similar ) restrictive
                provision :
                      " This document   contains Proprietary Informa ¬
                      tion furnished    in confidence under the Annex
                      III to the Agreement for Cooperation between
                      the European Atomic Energy Community and the
                      Government of      Japan    in    the    Field of
                      Controlled Thermonuclear Fusion , dated
                          ,  1988 and shall not be disseminated
                      outside ELRATOM and STA . their contractors ,
                      licensees and the Designees without the prior
                      approval of
                      This notice shall be marked on any reproduc ¬
                      tion of this document , in whole or in part .
                      These      limitations     shall    automatically
                      terminate when this information       is disclosed
                      by the owner without restriction ."
         ( ii ) Proprietary Information received in confidence
                under the Cooperation may be disseminated by the
                receiving Implementing Agency or its Designees
                 to :
                a)    persons within or employed by the        receiving
                      implementing Agency or by other          concerned
                      Government departments and agencies      or by the
                      Designees in the country of the          receiving
                      Implementing Agency ;
 ---pagebreak---                                 23
                 b)   contractors      or     subcontractors   of   the
                      receiving      Implementing     Agency or     its
                      Designees in the country of the receiving
                      Implementing Agency for use only within the
                      framework    of     their   contracts   with  the
                      receiving      Implementing     Agency or     its
                      Designees in work relating to the subject
                      matter of the Proprietary Information ;
                      provided that     any Proprietary Information so
                      disseminated      shall    be   marked   with    a
                      restrictive provision substantially identical
                      to that appearing in sub-paragraph ( 2 ) 2 ) ( i )
                      above .
           ( iii)With the prior written consent of the Implementing
                 Agency providing Proprietary Information under the
                 Cooperation , the receiving Implementing Agency may
       . .       disseminate such       Proprietary Information more
                 widely than otherwise permitted in the foregoing
                 sub-paragraph ( ii ). . The Implementing Agencies
                 shall cooperate with each other in developing
                 procedures for requesting and obtaining prior
                 written consent     for such wider dissemination , and
                 each Implementing Agency will grant such approval
                 to   the     extent    permitted . by the laws and
                 regulations applicable in the respective countries
                 and to EURATOM and by policies of the Parties .
(3) If one of the Implementing Agencies becomes aware that it or
    its Designees will be , or may reasonably be expected to
    become , unable to meet the restrictions and conditions of
    dissemination in this paragraph , it shall immediately inform
    the other Implementing Agency . The Implementing Agencies
    shall thereafter consult to define an appropriate course of
    action .
(4) Information     arising    from   seminars ,  workshops , and other
    meetings , the assignment of staff , use of facilities and
    exchange of equipment arranged under the Cooperation shall
    be treated by the Implementing Agencies and their Designees
    according to the principles specified in this paragraph ,
    provided that no Proprietary Information orally communicated
    shall be subject to the limited disclosure requirements of
    the Cooperation unless the individual communicating such
    information places        the recipient on notice as         to the
    proprietary nature of the information communicated .
 ---pagebreak---                                    24
7. The transmitting Implementing Agency or its Designees in its
   relation with the receiving Implementing Agency or its Designees
   does not warrant the suitability of any information transmitted
   for any particular use or application .
8. (1)  With respect to any invention or discovery made or conceived
        in the execution of the Cooperation , the Implementing
        Agencies will take all necessary steps within the framework
        of the applicable laws         and    regulations   with   a  view to
        realizing the following .
        1)   Where the invention or discovery is made or conceived
             by personnel ( the Inventor ) of either Implementing
             Agency ( the Assigning Agency ) or its Designees or
             their contractors         while     assigned    to    the other
             Implementing Agency ( the Receiving Agency ) or its
             Designees or their contractors in connection with
             exchanges      of      scientists ,     engineers    and    other
             special ists :
             (i)     the Receiving Agency or           its Designees shall
                     acquire all rights , title and interest in and to
                     any such invention or discovery in its own country
                     and in third countries ; and
              ( ii ) the Assigning Agency or its Designees or the
                     Inventor shall acquire all rights , title and
                     interest in and to any such invention or discovery
                     in its own country .
        2)   In cases to which sub-paragraph 1 ) above does not apply
             and where the invention or discovery is made or
             conceived by        personnel ( the       Inventor ) of either
              Implementing      Agency     or    its    Designees or their
             contractors as a direct result of employing information
             which      has    been    communicated     to  them   under   the
             Cooperation by the other Implementing Agency or its
             Designees or their contractors or communicated during
             seminars or other joint meetings , the Implementing
             Agency or its Designees or their contractors whose
             personnel make the invention or the Inventor shall
             acquire all rights , title , and interest in and to such
              invention or discovery in all countries .
        3)   Either the      Implementing     Agency   or  its   Designees or
              their    contractors    or   the Inventor , whichever of them
             owns the invention referred to in          sub-paragraph ( 1 ) 1 )
             and 2 )    above shall license such invention to the other
 ---pagebreak---                                           25
                      Implementing Agency ,    its Designees , its Government and
                      the nationals of its country designated by it , upon
                      request of      the other     Implementing Agency or    its
                      Designees on reasonable terms and conditions .
               4)     With regard to industrial property rights related to
                      inventions or discoveries resulting from Cooperative
                      Activities other than exchange of personnel or
                      information , the Implementing Agencies or the Designees
                      shall , prior to commencing such Cooperative Activites ,
                      decide on an appropriate distribution of such rights
                   .. taking into consideration the benefits , rights and
                      contribution of the Implementing Agencies or the
                      Désignées . .
       (2)     The provisions of the preceding sub-paragraph ( 1 ) of this
               paragraph shall apply mutatis mutandis to the protection of
               utility model and of design ..
.      ( 3 ) - Each. Implementing Agency or its Designees shall assume the
               responsability to pay awards or compensation required to be
               paid to its own employees or nationals of respective
               countries in accordance with the applicable laws . Each
               Implementing Agency or          its    Designees   shall , without
               prejudice to any rights of inventors under the applicable
               laws , take all necessary steps to provide the cooperation of
               its inventors     required to     implement the provisions of this
               paragraph .
9.     Copyrights of the Implementing Agencies or the Designees shall be
       accorded treatment           consistent with the Universal Copyright
       Convention as revised at Paris on 24 July , 1971 . As to copyrights
       on materials within the scope of sub-paragraph ( 1 ) of paragraph 6
       above owned or controlled by either Implementing Agency or its
       Designees , that Implementing Agency or its Designees shall make
       efforts to grant to the other Implementing Agency or its
       Designees a license to reproduce or translate copyrighted
       material .
  10 . With respect to the exchange of staff under the Cooperation , the
        following provisions shall apply .
        ( 1 ) Whenever an exchange of staff is contemplated under the
                Cooperation , each Implementing Agency or its Designees shall
                ensure that qualified staff are selected for assignment to
                the other Implementing Agency or its Designees .
        ( 2 ) Each such assignment of staff shall be the subject of a
                separate assignment        agreement between the Implementing
                Agencies or the Designees .
        ( 3 ) Each Implementing Agency or its Designees shall be respon¬
                sible for the salaries , insurance . and allowances to be paid
                to its staff .
 ---pagebreak---                                      26
1    (4)   Unless otherwise agreed , the sending Implementing Agency or
           its Designees shall pay for the travel and living expenses
           of its staff while on assignment .
     (5)   The receiving Implementing Agencv or its Designees shall
           arrange for adequate accomodation for the assigned staff and
           their families on a mutually agreeable reciprocal basis .
     (6)   The receiving Implementing Agency or its Designees shall
           provide all necessary assistance to the assigned staff and
           their families as regards administrative formalities ( travel
           arrangements , etc .).
     (7)   The assigned staff of the sending Implementing Agency or its
           Designees shall conform to the general and special rules of
           work and safety regulations          in   force   at    the host
           establishment , or      as agreed in a separate assignment
           agreement .
11 . In the event that equipment , instruments , materials or necessary
     spare parts ( hereinafter jointly referred to as " equipment ,
     etc .") are to be exchanged or provided by one Implementing Agency
     or its Designees to the other Implementing Agency or its
     Designees , the following provisions shall apply covering the
     shipment and use of such equipment , etc .
     (1)   The sending Implementing Agency or its Designees shall
           supply as soon as possible a detailed list of the equipment ,
           etc .   to    be   provided    together    with   the    relevant
           specifications      and      technical      and    informational
           document.at ion .
     (2)   Equipment , etc . provided by the sending Implementing Agency
           or its Designees shall remain their property and shall be
           returned to the sending Implementing Agency or its Designees
           upon completion of the mutually agreed activities unless
           otherwise agreed .
     (3)   Equipment , etc . shall be brought into operation at the host
           establishment only       by   mutual    agreement    between the
            Implementing Agencies or the Designees .
     (4)   The receiving Implementing Agency or its Designees shall
           provide the necessary premises for the equipment , etc . and
           shall provide for electrical power , water , gas , etc ., in
           accordance with technical requirements          which shall be
           mutually agreed       by the    Implementing Agencies or the
           Désignées .
                                                                              .?
                                                                             J
                                                                             I
                                                                             I
                                                                             t
 ---pagebreak---                               27
( 5) Unless otherwise agreed , responsibility for the transport of
     the equipment , etc . from the sending Implementing Agency or
     its Designees to their ultimate destination in the country
     of the receiving Implementing Agency or its Designees and
     return , and for their safekeeping and insurance en route ,
     together with expenses relating thereto shall be undertaken
     by the sending Implementing Agency or its Designees .
(6)  The receiving Implementing Agency or its Designees shall
     notify the customs authorities that it          considers the
     equipment , etc . provided by the sending Implementing Agency
     or its Designees for carrying out mutually agreed activities
     to  be   of  a   scientific  character and not of a commercial
     character .
 ---pagebreak---             FICHE D' IMPACT SUR LA COMPETITIVITE ET L' EMPLOI
This Agreement will increase the efficiency and effectiveness of the
Community 's research activities in t he field of controlled ther ¬
monuclear fusion .
Although this research will certainly contribute to the climate of
technological advances and innovation in which the Community 's
industry can develop , its immediate impact on industry , particularly
SMEs , will be negligable .