Article 1 Objective
The objective of this Agreement is to intensify cooperation between the Parties in the areas covered by their respective fusion programs, on the basis of mutual benefit and overall reciprocity, in order to develop the scientific understanding and technological capability underlying a fusion energy system.
Article 2 Areas of Cooperation
The areas of cooperation under this Agreement may include the following: (a) tokamaks, including the large projects of the present generation and activities relating to those of the next generation; (b) alternatives to tokamaks; (c) magnetic fusion energy technology; (d) plasma theory and applied plasma physics; (e) programme policies and plans; and (f) other areas as mutually agreed upon in writing by the Parties insofar as they are covered by their respective programmes.
Article 3 Forms of Cooperation
1. The forms of cooperation under this Agreement may include, but are not limited to, the following: (a) exchange and provision of information and data on scientific and technical activities, events, practices and results, and on programme policies and plans, including the exchange of undisclosed information under the terms and conditions set out in Articles 6 and 7; (b) 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 in accordance with Article 8; (c) organization of seminars and other meetings to discuss and exchange information on agreed topics in the areas listed in Article 2, and to identify cooperative activities which may be usefully undertaken in accordance with Article 5; (d) exchange and provision of samples, materials, equipment (instruments and components) for experiments, testing and evaluation in accordance with Articles 9 and 10; (e) execution of joint studies, projects or experiments including their joint design, construction and operation; (f) establishment of data links such as, but not limited to, remote data analysis tools; and (g) other specific forms of cooperation as mutually agreed by the Parties in writing. 2. As appropriate, the Parties shall coordinate the activities under this Agreement with other international activities of fusion energy research and development, in order to minimize duplication of effort. Nothing in this Agreement shall be construed to prejudice existing or future arrangements for cooperation between the Parties.
Article 4 Coordinating Committee and Executive Secretaries
1. The Parties shall establish a Coordinating Committee to coordinate and supervise the conduct of 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. The Coordinating Committee shall meet annually, alternately in the Federative Republic of Brazil and in the European Union, or at other agreed times and places. The Head of the Delegation of the receiving Party shall chair the meeting. 2. The Coordinating Committee shall review the progress and plans of activities under this Agreement, and propose, coordinate and approve future cooperative activities that are within the scope of this Agreement, with regard to their technical merit and level of effort to ensure mutual benefit and overall reciprocity within the Agreement. 3. All decisions of the Coordinating Committee shall be taken by consensus. 4. Each Party shall nominate an Executive Secretary to act on its behalf during periods between meetings of the Coordinating Committee in all matters concerning cooperation that are within the scope of this Agreement. The Executive Secretaries shall be responsible for the routine management of the cooperation.
Article 5 Implementation
1. Each Party shall designate appropriate agencies for the implementation of activities under this Agreement. 2. When the Coordinating Committee approves a cooperative activity, it shall also approve, when necessary, a Project Plan under this Agreement. 3. Each Project Plan shall list the agencies designated to implement the project, and include detailed provisions for the implementation of the cooperative activity, including its technical scope and management, the applicable decontamination responsibilities, exchange of undisclosed information, exchange of equipment, treatment of intellectual property, total costs, cost-sharing and its schedule, as appropriate.
Article 6 Availability and Dissemination of Information
1. Subject to the applicable laws and regulations and to the provisions of this Agreement, each Party and its designees shall undertake to make freely available to the other Party and its designees any information at its disposal which is required for the execution of cooperative activities under this Agreement. 2. The Parties and their designees shall support the widest possible dissemination of information which they have the right to disclose, be it developed jointly or be it provided or exchanged pursuant to this Agreement, subject to the need to protect undisclosed information and the need to protect intellectual property created or provided under this Agreement. 3. Information transmitted by one Party to the other Party under this Agreement shall be accurate to the best knowledge and belief of the transmitting Party, but the transmitting Party does not warrant the suitability of the information transmitted for any particular use or application by the receiving Party or by any third party. Information developed jointly by the Parties shall be accurate to the best knowledge and belief of both Parties. Neither Party warrants its suitability for any particular purpose, use or application by either Party or by any third party.
Article 7 Intellectual Property
The protection and allocation of intellectual property created or provided in the course of cooperative activities under this Agreement shall be governed by the provisions in the Annex, which shall form an integral part of this Agreement and shall apply to all activities conducted under this Agreement.
Article 8 Exchange of Personnel
The following provisions shall apply to the exchange of personnel between the Parties or their designees under this Agreement: (a) each Party shall ensure the selection of qualified personnel with the skills and competence necessary to conduct the activities planned under this Agreement. The exchange of personnel shall be mutually agreed in advance by an Exchange of Letters between the Parties, referencing this Agreement and its pertinent intellectual property provisions as well as the cooperative activity concerned; (b) each Party shall be responsible for the salaries, insurance, and allowances to be paid to its exchanged personnel; (c) the sending Party shall pay for the travel and living expenses of its exchanged personnel staying at the host establishment of the receiving Party, unless otherwise agreed; (d) the receiving Party shall arrange for adequate accommodations for the exchanged personnel (and their families forming part of their household) of the other Party on a mutually agreeable, reciprocal basis; (e) the receiving Party shall provide all necessary assistance to the exchanged personnel of the other Party regarding administrative formalities (e.g. acquiring visas), pursuant to its laws and regulations; (f) each Party shall ensure that the exchanged personnel shall comply with the general rules regarding work and with safety regulations in force at the host establishment; (g) each Party may, at its own expense, observe specific test activities and analytical work of the other Party in the areas of cooperation defined in Article 2. Such observation may be carried out by visits of personnel, subject to the prior agreement of the receiving Party on each occasion.
Article 9 Exchanges of Equipment, Samples, Materials and Spare Parts
In the event equipment, instruments, samples, materials or necessary spare parts among others (hereinafter referred to as ‘the equipment’) are to be exchanged, loaned or supplied by one Party or its designees to the other or its designees, the following provisions shall apply to the shipment and use of the equipment: (a) the sending Party shall supply as soon as possible a detailed list of the equipment to be provided, with the relevant specifications and technical and informational documentation; (b) the equipment supplied by the sending Party shall remain its property and shall be returned to the sending Party on a date to be determined by the Coordinating Committee unless otherwise agreed in the Project Plan referred to in Article 5; (c) the equipment shall be brought into operation at the host establishment only by mutual agreement between the Parties; and (d) the receiving Party shall provide the necessary premises for the equipment and shall provide for electrical power, water, gas, and other necessary resources, in accordance with technical requirements, which shall be mutually agreed by the Parties.
Article 10 General Provisions
1. Each Party shall conduct the activities provided for in this Agreement subject to its applicable laws and regulations, and shall provide resources subject to the availability of appropriated funds. 2. Unless otherwise agreed in writing by the Parties, all costs resulting from cooperation under this Agreement shall be borne by the Party that incurs them. 3. All questions of interpretation or implementation relating to this Agreement arising during its term shall be resolved by agreement of the Parties. 4. This Agreement shall apply, in so far as Euratom is concerned, to the territories to which the Treaty establishing Euratom applies and to the territories of the countries participating in the Euratom fusion program as fully associated third States.
Article 11 Duration, Amendment and Termination
1. This Agreement shall enter into force on the date of the last written notification in which the Parties inform each other that their respective internal procedures necessary for its entry into force have been completed, and shall remain in force for five years, being automatically renewed for additional periods of five years, unless one Party notifies the other Party in writing of its intention to terminate this Agreement. 2. This Agreement may be amended by written agreement of the Parties. The amendments shall come into force on the date of the last written notification in which the Parties inform each other that their respective internal procedures necessary for the entry into force of an amendment have been completed. 3. All joint efforts and experiments not completed at the termination of this Agreement may be continued until their completion under the terms of this Agreement. 4. Either Party may terminate this Agreement and any Project Plan at any time, upon a notification in writing to the other Party. The termination shall be effective six months after the date of receipt of the notification, without prejudice to the rights that may have accrued under this Agreement or Project Plan to either Party up to the date of the termination.