Article I Objective
The objective of this Agreement is to intensify cooperation between the Parties in the areas covered by their respective fusion programmes, 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 II 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 III 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, developments, practices and results, and on programme policies and plans, including the exchange of undisclosed information under the terms and conditions set out in Articles VI and VII; (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 VIII; (c) organisation of seminars and other meetings to discuss and exchange information on agreed topics in the areas listed in Article II, and to identify cooperative activities which may be usefully undertaken in accordance with Article V; (d) exchange and provision of samples, materials, equipment (instruments and components) for experiments, testing and evaluation in accordance with Articles IX and X; (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. The Parties shall coordinate the activities, as appropriate, under this Agreement, with other international fusion research and development activities, in order to minimise duplication of effort. Nothing in this Agreement shall be construed to prejudice existing or future arrangements for cooperation between the Parties.
Article IV 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 Republic of India 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 draw up a plan of cooperative activity and approve and review the progress of ongoing cooperative activities under this Agreement. It shall also coordinate, propose, 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 under this Agreement. The Executive Secretaries shall be responsible for the day-to-day management of that cooperation.
Article V Implementation
1. Each Party shall designate appropriate entities for the implementation of activities under this Agreement. 2. When the Coordinating Committee approves a cooperative activity, it shall approve, where necessary, a Project Plan under this Agreement and subject to its terms. 3. Each Project Plan shall list the entities designated to implement the project, and include detailed provisions for the implementation of the cooperative activity, including but not limited to 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 VI Availability and Dissemination of Information
1. Subject to its 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 collaborative activities under this Agreement. 2. The Parties shall support the widest possible dissemination of information which they have the right to disclose, and which is either developed jointly or intended to be provided or exchanged pursuant to this Agreement, subject to the need to protect undisclosed information and the need to protect intellectual property created or furnished 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 the accuracy of the jointly developed information or its suitability for any particular purpose, use or application by either Party or by any third party.
Article VII Intellectual Property
The protection and allocation of intellectual property created or furnished in the course of cooperative activities under this Agreement shall be governed by the provisions in Annex A, which shall form an integral part of this Agreement and shall apply to all activities conducted under this Agreement.
Article VIII Exchanges of Personnel
The following provisions shall apply concerning exchanges 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. Every such 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, unless otherwise agreed; (d) the receiving Party shall arrange for adequate accommodations for the other Party’s exchanged personnel (and their families forming part of their household) on a mutually agreeable, reciprocal basis; (e) the receiving Party shall provide all necessary assistance under its relevant laws and regulations to the exchanged personnel of the other Party regarding administrative formalities (e.g. acquiring visas); (f) each Party shall ensure that the exchanged personnel abide by the general rules regarding work and safety regulations in force at the host establishment; and (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 II. Such observation may be carried out by visits of personnel, subject to the prior agreement of the receiving Party on each occasion.
Article IX Exchanges of Equipment, Samples, etc.
In the event that equipment, instruments, samples, materials or necessary spare parts (hereinafter referred to as ‘the equipment, etc.’) are to be exchanged, loaned or supplied by one Party or its designees to the other or its designees, the following provisions shall apply covering the shipment and use of the equipment, etc.: (a) the sending Party shall supply as soon as possible a detailed list of the equipment, etc., to be provided, with the relevant specifications and technical and informational documentation; (b) the equipment, etc. 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 V; (c) the equipment, etc. 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, etc. and shall provide for electrical power, water, gas, etc., in accordance with technical requirements, which shall be mutually agreed by the Parties.
Article X 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 specifically 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 XI Duration, Amendment and Termination
1. This Agreement shall enter into force on the date on which the Parties have notified each other in writing that their respective internal procedures necessary for its entry into force have been completed, and shall remain in force for five (5) years. Unless one Party notifies the other Party in writing of its intention to terminate this Agreement at least six (6) months before its expiration, this Agreement shall be extended automatically for additional periods of five (5) years. 2. This Agreement may be amended by written agreement of the Parties. 3. All joint efforts and experiments not completed at the termination or expiration of this Agreement may be continued until their completion under the terms of this Agreement. 4. This Agreement and any Project Plan hereunder may be terminated at any time at the discretion of either Party upon six (6) months’ advance notification in writing by the Party seeking to terminate this Agreement or Project Plan. Such termination shall be 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. 5. This Agreement is drawn up in duplicates in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Lithuanian, Latvian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each text being equally authentic.