Legal provisions of COM(2006)240 - Conclusion of the Agreement on the Establishment of the ITER International Fusion Energy Organization for the Joint Implementation of the ITER Project, of the Arrangement on Provisional Application of the Agreement on the Establishment of the ITER International Fusion Energy Organization for the Joint Implementation on the ITER Project and of the Agreement on the Privileges and Immunities of the ITER International Fusion Energy Organization for the Joint Implementation of the ITER Project - Main contents
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| dossier | COM(2006)240 - Conclusion of the Agreement on the Establishment of the ITER International Fusion Energy Organization for the Joint ... |
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| document | COM(2006)240  |
| date | May 19, 2006 |
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52006PC0240
Proposal for a Council Decision concerning the conclusion, by the Commission, of the Agreement on the Establishment of the ITER International Fusion Energy Organization for the Joint Implementation of the ITER Project, of the Arrangement on Provisional Application of the Agreement on the Establishment of the ITER International Fusion Energy Organization for the Joint Implementation on the ITER Project and of the Agreement on the Privileges and Immunities of the ITER International Fusion Energy Organization for the Joint Implementation of the ITER Project /* COM/2006/0240 final */
[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |
Brussels, 19.5.2006
COM(2006)240 final
Proposal for a
COUNCIL DECISION
concerning the conclusion, by the Commission, of the Agreement on the Establishment of the ITER International Fusion Energy Organization for the Joint Implementation of the ITER Project, of the Arrangement on Provisional Application of the Agreement on the Establishment of the ITER International Fusion Energy Organization for the Joint Implementation on the ITER Project and of the Agreement on the Privileges and Immunities of the ITER International Fusion Energy Organization for the Joint Implementation of the ITER Project
(presented by the Commission)
EXPLANATORY MEMORANDUM
Background and Introduction
1. Nuclear fusion offers the prospect of an almost limitless supply of clean energy for the long term. Following successful developments in recent years, fusion energy R&D has reached the point where effective progress towards the demonstration of the generation of sustainable energy from nuclear fusion can be envisaged. ITER, a major experimental facility which is aimed at demonstrating the scientific and technical feasibility of fusion power, is the crucial next step required to address the key objectives of the European fusion programme and other fusion programmes in the world.
2. The ITER project has, from its inception, been undertaken in a frame of international collaboration among the world’s leading fusion programmes. Work conducted under the auspices of the International Atomic Energy Agency (IAEA) by the four Parties (EURATOM, Japan, Russian Federation and USA) to the Agreement on the cooperation in the Engineering Design Activities (EDA) for ITER has yielded a detailed, complete, and fully integrated engineering design of ITER, and all technical data necessary for future decisions on the construction of ITER. The overall results of the co-operation are set out in the Final Report of the ITER EDA.
3. Following the successful completion of the EDA, inter-governmental negotiations on the possible joint implementation of ITER started in November 2001 among four Participants – Canada, EURATOM, Japan and the Russian Federation. The original participants were joined by China and the United States of America in February 2003 and by Korea in June 2003. In December 2003, Canada withdrew from the negotiations. India joined in December 2005, bringing the number of Parties to the prospective Agreement to seven.
4. The European Commission has conducted negotiations for EURATOM in accordance with the directives given pursuant to Article 101, paragraph 2 of the EURATOM Treaty by Council Decision of 16 November 2000 and subsequently amended by Council Decisions of 27 May 2002, 26 November 2003 and 26 November 2004.
5. The negotiations on the selection of the ITER site had culminated by December 2003 in a stand-off between the European candidate site at Cadarache and the Japanese candidate site at Rokkasho, Japan. Following intensive technical discussions by the Commission with all other Parties and in accordance with the Council Directives, a consensus was finally reached at the Ministerial Meeting for ITER on 28 June 2005 in Moscow, where the Parties agreed that the ITER device and the Headquarters of the Organization would be situated in the European Union, i.e. in Cadarache. Instrumental to this resolution was a convergence of views between EURATOM and Japan on the relative roles of each as “Host” or “non-Host” Party and the corresponding arrangements between them according to which EURATOM and Japan would each make contributions of 46 bn ¥/339 mn € to joint broader approach activities in the territory of Japan. In addition EURATOM undertook to accord a special position to Japan in the implementation of ITER, for instance by supporting a Japanese nominee as Director General, by transferring responsibility to Japanese sources for a proportion of the contributions in kind that EURATOM was undertaking to provide to the project (equivalent to about 10% of the construction costs) and by accepting a greater proportionate representation of Japanese team members in relation to Japan’s overall 10% contribution. The details for the European participation in the Broader Approach activities are set out in a specific bilateral Agreement between EURATOM and Japan that is to be proposed to Council at the same time as the ITER Agreement.
6. The Representatives of the seven Parties to the ITER negotiations adopted on 1 April 2006 the Final Report of Negotiations on the Joint Implementation of the ITER Project (“Final Report on ITER Negotiations”), which confirms the completion of the negotiation process, refers to statements of the willingness of each Party to proceed towards conclusion of the Agreement, and records the common understandings shared among the Parties at the conclusion of the negotiations and the draft Arrangement on the Provisional Application of the Agreement. On the same occasion, the Final Report of Negotiations on the Agreement on the Privileges and Immunities of the ITER International Fusion Energy Organization for the Joint Implementation of the ITER Project was adopted the Representatives of EURATOM, the Government of the People’s Republic of China, the Government of the Republic of India, the Government of Japan, the Government of the Republic of Korea and the Government of the Russian Federation.
7. The substantive output from the process of negotiations includes:
7.1. text of the Agreement on the establishment of the ITER International Fusion Energy Organization for the Joint Implementation of the ITER Project (the ITER Agreement), including its Annexes on Information and Intellectual Property and on Site Support, for conclusion by the Parties to the negotiations;
7.2. text of the Arrangement on the Provisional Application of the Agreement;
7.3. text of the Agreement on the Privileges and Immunities of the ITER international Fusion Energy Organization for the joint Implementation of the ITER Project (the Agreement on Privileges and Immunities), for conclusion by EURATOM, China, India, Japan, Korea and Russia;
7.4. agreed technical documents referred to in the ITER Agreement and common understandings that the Parties have stated their intention to apply during the implementation of the ITER Project:
a) Value Estimates for ITER Phases of Construction, Operation, Deactivation and Decommissioning and Form of Party Contributions;
b) Cost Sharing for all Phases of the ITER Project;
c) Procurement Allocation;
d) Overall Project Schedule;
e) ITER Management and Procurement;
f) Operations;
7.5. drafts of subsidiary documents to be adopted by the ITER Council upon entry into force of the Agreement and which the Parties endorse in their present state of development, while recognising that they may be further jointly refined or elaborated pending their adoption in the future:
a) ITER Council Rules of Procedure;
b) Project Resource Management Regulations;
c) Staff Regulations;
d) Main Provisions of Headquarters Agreement;
e) Site Support Agreement;
7.6. the texts of joint Declarations by which the Parties affirm their political intentions with regard to the implementation of the ITER project and to the according of Privileges and Immunities to the prospective ITER Organization.
Explication of the ITER Agreement and Related Instruments
8. The ITER Agreement comprises a preamble, 29 substantive articles and two Annexes.
9. The preamble lists EURATOM, the People’s Republic of China, the Government of the Republic of India, the Government of Japan, the Government of the Republic of Korea, the Government of the Russian Federation and the Government of the United States of America, the seven founding Parties of the ITER Agreement and Members of the ITER International Fusion Energy Organization for the Joint Implementation of the ITER Project (the ITER Organization). With regard to EURATOM, the ITER Agreement also applies to the Republic of Bulgaria, the Republic of Romania and the Swiss Confederation, participating in the EURATOM fusion programme as fully associated third States (Article 21 ITER Agreement).
10. The ITER Agreement establishes the ITER Organization (Article 1(1) ITER Agreement) and endows it with (i) international legal personality and (ii) the legal capacity it requires in the territories of its Members to conclude contracts, to acquire, hold and dispose of property, to obtain licenses and to institute legal proceedings (Article 5 ITER Agreement).
11. The headquarters of the ITER Organization is established at St Paul-lez-Durance, Bouches-du-Rhône, France, which is the administrative unit within which falls the site of Cadarache. Consequently, France is defined as “Host State” and EURATOM as “Host Party” (Article 1(2) ITER Agreement).
12. The purpose of the ITER Organization is to provide for and to promote cooperation among its Members on the ITER Project. The ITER Project is described as an international project that aims to demonstrate the scientific and technological feasibility of fusion energy for peaceful purposes (Article 2 ITER Agreement).To achieve this purpose, the main functions of the ITER Organization are (i) to construct, operate, exploit and deactivate the ITER facilities and (ii) to encourage their exploitation by the laboratories, other institutions and personnel participating in the fusion energy research and development programmes of its Members (Article 3 ITER Agreement) (iii) to promote public understanding and acceptance of fusion energy. In the performance of its functions, the ITER Organization is to give due regard to maintaining good relations with local communities.
12.1. The functions of the ITER Organization allow for distinguishing the different project phases which are specified in the Common Understanding on Overall Project Schedule: (i) the construction phase, (ii) the operation phase, (iii) the deactivation phase and (iv) the decommissioning phase. General principles regarding the operation phase are set out in the Common Understanding on Operations.
12.2. In furtherance of its purpose and upon unanimous decision by the ITER Council, the ITER Organization may cooperate with other international organizations and institutions, non-Parties, and with organizations and institutions of non-Parties (Article 19 ITER Agreement).
13. The ITER Agreement provides for the following institutional and managerial structure of the ITER Organization:
13.1. The Parties to the Agreement shall be the Members of the Organization.
13.2. The Council, composed of representatives of the Members of the ITER Organization, is its principal organ. It is responsible for the promotion, overall direction and supervision of the activities of the ITER Organization. The Council may take decisions and make recommendations on any questions, matters or issues in accordance with the ITER Agreement (Articles 6(1) and 6(7) ITER Agreement).
In a number of specified cases, decisions of the Council require unanimity (Article 6(8) ITER Agreement). In all other cases the Members of the ITER Organization shall use their best efforts to achieve consensus. Failing consensus, the Council decides in accordance with the weighted voting system set out in the draft Council Rules of Procedure (Article 6(9) and 6(10) ITER Agreement). The voting system can be adopted and, if necessary, amended only by unanimous decision of the Council (Article 6(8) ITER Agreement). The voting system respects the relative contributions from the Members, without giving a predominant position to a single Member, as follows:
- ITER Construction Phase: EURATOM has 3 votes, each other Party has one vote; for their adoption, decisions require six or more votes in favour.
- ITER Operation Phase: EURATOM has 6 votes, Japan and US have each 3 votes, China, India, Korea and Russia have each 2 votes; for their adoption, decisions require 11 or more votes in favour, made by 4 or more Members of the ITER Organization.
- Decisions on issues related to compliance with regulatory requirements of the Host State require the concurrence of the Host Party.
13.3. The Director-General is the chief executive officer and the legal representative of the ITER Organization. The Director-General shall take all measures necessary for the management of the ITER Organization, the execution of its activities, the implementation of its policies and the fulfilment of its purpose. The main management structure of the ITER Organization will be decided by the Council by unanimity on the proposal of the Director-General. The Director-General will, as the legal representative, also be responsible for nuclear safety under the terms and conditions to be decided by the French regulatory authorities when awarding the license to operate the ITER device.
13.4. Every two years, the Council will appoint an independent Management Assessor who shall assess the management of the activities of the ITER Organization. The purpose of the management assessment is to determine whether the management of the ITER Organization has been sound, in particular with respect to management effectiveness and efficiency in terms of scale of staff. The Director-General may also call for such assessments following consultation with the Council (Article 18 ITER Agreement).
14. The Director-General will be assisted by the Staff. The Staff comprises directly employed staff and seconded staff (Article 7(2) ITER Agreement).
Detailed conditions for the Staff, which include a staffing scheme and remuneration based on the model of the United Nations Organizations, are set out in the draft Staff Regulations that are to be adopted by the Council by unanimity upon proposal by the Director-General (Article 7(7) (b) and 7(8) ITER Agreement). The draft Staff Regulations foresee that:
- approximately 50% of the overall ITER staff should be directly employed;
- positions for which regulatory aspects of the Host State give preference to continuing services shall be attributed to directly employed staff;
- directly employed staff will have five years renewable contracts;
- pension rights would be a defined contribution scheme;
- medical insurance, and life and invalidity insurance are to be contracted out.
15. The resources of the ITER Organization consist of contributions in kind and financial contributions from the Members.
15.1. Each Member will provide its contributions to the ITER Organization through its Domestic Agency. The Domestic Agency responsible for providing the contributions of EURATOM will be a Joint Undertaking established in accordance with chapter V of Title II of the EURATOM Treaty.
15.2. The evaluation of the costs of the ITER project by project phases is set out in the Common Understanding “Value Estimates for ITER Phases”. The value estimates for the ITER phases are based on evaluations carried out by the international ITER Joint Central Team under the ITER EDA Agreement.
15.3. The cost sharing between the Parties is set out in the Common Understanding “Cost Sharing for all Phases of the ITER Project”. Concerning the construction phase, the Parties have agreed that EURATOM as the Host Party would bear 50% of the construction costs while each other Party would bear 10%. Within the EURATOM contribution the charge to the Community budget will not be greater than 40% of the construction costs. Within the general framework above it has been agreed that, in the first instance, (i) EURATOM will bear 5/11 of the construction costs and each other Party will bear 1/11 but that (ii), if required and subject to unanimous decision of the ITER Council, an additional amount which equals 1/10 of the value for the initially estimated construction costs will be shared between the Parties on the basis of the same cost sharing formula. For the phases of operation, deactivation and decommissioning it is foreseen that EURATOM will bear 34% of the total costs, Japan and the USA 13% each, and the other four Parties 10% each.
The community contribution made up to the end of 2006 will respect the reference amounts that appear in Annex II of the Council Decision concerning the sixth framework programme of EURATOM. From 2007 onwards this contribution should be compatible with the amounts to be adopted for subsequent framework Research programmes.
15.4. The resources for the construction phase will be provided predominantly (more than 80%) by contributions in kind, which includes secondments by the Members of qualified persons as staff of the ITER Organization. The supply of ITER components has been divided into about 90 procurement packages each described with detailed specifications and allocated to the prospective Members of the ITER Organization in the Common Understanding on Procurement Allocation. The procurement of the components to be provided in kind will be under the responsibility of the Member providing that component, acting through its Domestic Agency. It follows from the allocation of these components among all seven Members that there is a high degree of interdependency between the ITER Organization and its Members during the construction of the ITER facilities. In order to be able to assume its overall responsibility of the ITER Project, the ITER Organization will not only carry out its activities through its Headquarters in Cadarache but also establish Field Teams in the territory of each Member (Article 13 ITER Agreement). The Central Team will direct the project and assume responsibilities for the design, integration and assembly of the ITER Facilities and the preparation for their operation and exploitation. The Field Teams will oversee the procurements to be undertaken by the Member’s Domestic Agencies. They will ensure quality assurance and manage in consultation with the Domestic Agencies scheduling changes and other necessary adaptations of the contributions in kind. Guidelines for the management of the procurements are set out in the Common Understanding on ITER Management and Procurement.
15.5. In order to ensure the sound financial management of the ITER Organization, the ITER Agreement foresees the unanimous adoption by the Council of Project Resource Management Regulations (Article 9 ITER Agreement), the draft of which has been elaborated by the Parties. It further foresees the establishment of a Financial Audit Board to undertake the audit of the annual accounts of the ITER Organization (Article 17 ITER Agreement).
16. The ITER Agreement contains a provision on Information and Intellectual Property and an Annex elaborating that provision. These are based on the principles of widest appropriate dissemination of generated information and intellectual property, and of equal treatment and non-discrimination among the Members of the ITER Organization.
17. The ITER Agreement contains specific provisions on site support by the Host Party EURATOM (Article 11 ITER Agreement and its Annex on Site Support) according to which EURATOM shall make available or cause to be made available to the ITER Organization the site support required for the implementation of the ITER Project. EURATOM may designate an entity to act on its behalf for the purpose of site support. It is foreseen that, on the basis of these provisions, the draft site support agreement will be concluded between the ITER Organization and “the Agence ITER-France”, the latter entity acting on behalf of EURATOM for this purpose.
18. The ITER Organization, its Director-General and Staff, and the representatives of its Members in the Council shall enjoy in the territory of each Member such privileges and immunities as are necessary for the exercise of their functions (Article 12(1) and 12(2) ITER Agreement). As stated in the Joint Declaration of the Parties on Privileges and Immunities, the USA will accord privileges and immunities to the ITER Organization through its International Organizations Immunities Act and other relevant domestic laws and regulations while the other founding Parties and any future Party will accord the privileges and immunities to the ITER Organization under the terms of the Agreement on Privileges and Immunities. A Headquarters Agreement and Field Team Agreements or Arrangements will be concluded between the ITER Organization and the Host State and the hosts of the Field Teams respectively to specify details of the application of privileges and immunities. Main provisions of the draft Headquarters Agreement have been developed by the Parties to the negotiations and will be further elaborated pending the establishment of the ITER Organization.
The ITER Agreement requires each Party to notify the Depositary once it has given effect to the Privileges and Immunities (Article 12(5) ITER Agreement). The Depositary will convene the first session of the ITER Council no later than three months after the entry into force of the ITER Agreement, provided that the notifications on the Privileges and Immunities have been received from all Parties (Article 6(2) ITER Agreement).
19. The ITER facilities will be an “Installation nucléaire de base” (INB) according to French law. The qualification as INB has consequences on safety and licensing aspects for the Host State. Consequently, the ITER Organization shall observe the applicable national laws and regulations of the Host State in the fields of public and occupational health and safety, nuclear safety, radiation protection, licensing, nuclear substances, environmental protection and protection from acts of malevolence (Article 14 ITER Agreement). The privileges and immunities conferred in Article 12 of the Agreement shall not diminish or affect the duty of the ITER Organization, the Director-General or the Staff to comply with the laws and regulations referred to in Article 14.
20. Article 15 of the Agreement sets out provisions for contractual and non-contractual liability of the ITER Organization. Membership of the ITER Organization shall not result in liability for Members for acts, omissions, or obligations of the ITER Organization. In the case that the costs of compensation for damage for which the ITER Organization is liable exceed funds available to the ITER Organization, all Members of the ITER Organization are to consult so as to enable the Organization to meet its liabilities.
21. The ITER Agreement foresees the establishment of a fund to provide for the decommissioning of the ITER facilities. The Members of the ITER Organization will contribute to the decommissioning fund in proportion to their share of the contributions to the operations phase of the ITER project. At the end of a five year de-activation phase, the ITER Organization will hand over to the Host State the decommissioning fund and the ITER facilities for their decommissioning, whereupon the Host State will take responsibility for the ITER facilities and their decommissioning (Article 16 ITER Agreement).
22. The fusion process does not involve fissionable materials and thus the Non-Proliferation Treaty does not apply. However some of the technologies used in the implementation of the ITER project could fall into within possible dual use categories. Therefore, the ITER Agreement contains a provision on peaceful uses and non-proliferation according to which any material, equipment or technology generated or received pursuant to it shall be used solely for peaceful purposes and the ITER Council shall interface with appropriate international fora and establish a policy supporting peaceful uses and non-proliferation. (Article 20 ITER Agreement).
23. The ITER Agreement and any amendment to it enter into force 30 days after the deposit of instruments of its ratification, acceptance or approval by the Parties (Article 22 and Article 28 ITER Agreement). The Depositary is the Director General of the IAEA who shall notify the signatory and acceding States and international organizations of the relevant notifications from the Parties and dates of entry into force, withdrawal or termination (Article 29 ITER Agreement).
24. The duration of the ITER Agreement is 35 years with the possibility of an extension for up to 10 years by unanimous decision of the ITER Council without the need of amending the ITER Agreement (Article 24 ITER Agreement). Such extension can be decided by the ITER Council only when it would not alter the nature of the activities of the ITER Organization or the framework for financial contributions of the Members. The ITER Council shall confirm the foreseen end of the Agreement at least six years before the expiry and decided the arrangements for the de-activation phase and the dissolution of the Organization.
25. The ITER Agreement may be terminated by agreement of all Parties, allowing the necessary time for de-activation and ensuring the necessary funds for decommissioning (Article 24(6) ITER Agreement). Withdrawal by Members other than the Host Party from the ITER Agreement is only possible after the first ten years following its entry into force. The withdrawal does not affect the withdrawer’s contribution to the construction costs of the ITER facilities (Article 26 ITER Agreement).
26. Subject to a unanimous decision of the ITER Council, the ITER Agreement is open to accession from any State or international organization (Article 23 ITER Agreement), under conditions to be determined by the ITER Council.
27. Article 25 of the ITER Agreement provides for mediation or other procedures to be agreed between the parties to any dispute as means of dispute settlement.
28. In order to be able to initiate the activities on the ITER project before the formal entry into force of the ITER Agreement, the Arrangement on Provisional Application of the ITER Agreement has been prepared for signature at the same time as the ITER Agreement.
Budgetary Implication
29. The contributions of EURATOM to the ITER Organization will be provided through the Joint Undertaking that is to be established under Title II, Chapter V of the EURATOM Treaty. The budgetary implications of the conclusion of the ITER Agreement will be embodied in the proposal for a Council Decision establishing the Joint Undertaking..
Proposed Decision
30. It is proposed that
- on the basis of Article 101, paragraph 2 of the EURATOM Treaty, the Council adopts the Decision attached hereto concerning the conclusion, by the Commission of the Agreement on the Establishment of the ITER International Fusion Energy Organization for the Joint Implementation of the ITER Project, of the Arrangement on Provisional Application of the Agreement on the Establishment of the ITER International Fusion Energy Organization for the Joint Implementation on the ITER Project and of the Agreement on the Privileges and Immunities of the ITER International Fusion Energy Organization for the Joint Implementation of the ITER Project.
Proposal for a
COUNCIL DECISION
concerning the conclusion, by the Commission, of the Agreement on the Establishment of the ITER International Fusion Energy Organization for the Joint Implementation of the ITER Project, of the Arrangement on Provisional Application of the Agreement on the Establishment of the ITER International Fusion Energy Organization for the Joint Implementation on the ITER Project and of the Agreement on the Privileges and Immunities of the ITER International Fusion Energy Organization for the Joint Implementation of the ITER Project
THE COUNCIL OF THE EUROPEAN UNION,
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 Council Decision 2002/668/Euratom adopting the sixth Framework Programme of the European Atomic Energy Community (Euratom) for research and training activities, also contributing to the creation of the European Research Area (2002-2006) and to the Council Decision 2002/837/Euratom adopting a specific programme (Euratom) for research and training in the field of nuclear energy (2002-2006),
Having regard to the proposal from the Commission,
Whereas:
(1) The Commission has, in accordance with the Council Directives of 16 November 2000 as amended by Council Decisions of 27 May 2002, 26 November 2003 and 26 November 2004, conducted negotiations with the Government of the People’s Republic of China, the Government of Japan, the Government of the Republic of India, the Government of the Republic of Korea, the Government of the Russian Federation and the Government of the United States of America on an Agreement for the Establishment of the ITER International Fusion Energy Organization for the Joint Implementation of the ITER Project and an Arrangement on Provisional Application of the Agreement.
(2) The Commission has, in accordance with the Council Directives, conducted negotiations with the Government of the People’s Republic of China, the Government of Japan, the Government of the Republic of India, the Government of the Republic of Korea and the Government of the Russian Federation on an associated Agreement on the Privileges and Immunities of the ITER International Fusion Energy Organization for the Joint Implementation of the ITER Project.
(3) The Representatives of the seven parties to the ITER negotiations adopted on 1 April 2006 the Final Report of Negotiations on the Joint Implementation of the ITER Project which confirms the completion of the negotiation process, refers to statements of the willingness of each party to conclude the Agreement, records the common understandings shared among the Parties at the conclusion of the negotiations and the draft Arrangement on the Provisional Application of the Agreement. On the same occasion, the Final Report of Negotiations on the Agreement on the Privileges and Immunities of the ITER International Fusion Energy Organization for the Joint Implementation of the ITER Project was adopted by the Representatives of EURATOM, the Government of the People’s Republic of China, the Government of Japan, the Government of the Republic of India, the Government of the Republic of Korea and the Government of the Russian Federation.
(4) At the occasion of the Ministerial Meeting for ITER on 24 May 2006 in Brussels, the Representatives of the seven parties to the ITER negotiations signed the Joint Declaration on Implementation by which they confirmed their intentions to jointly implement ITER and to apply the Common Understandings referred to in the above-mentioned Final Report of Negotiations on the Joint Implementation of the ITER Project.
(5) At the occasion of the Ministerial Meeting for ITER on 24 May 2006 in Brussels, the Representatives of the seven parties to the ITER negotiations signed a Joint Declaration on Privileges and Immunities by which the USA expresses its intention to accord privileges and immunities to the ITER International Fusion Energy Organization for the Joint Implementation of the ITER Project in accordance with the International Organisations Immunities Act of the USA and the other six parties to the negotiations express their intentions to accord the privileges and immunities to the ITER Organization under the terms of the Agreement on the Privileges and Immunities of the ITER International Fusion Energy Organization for the Joint Implementation of the ITER Project.
(6) The conclusion, by the Commission, of the Agreement on the Establishment of the ITER International Fusion Energy Organisation for the Joint Implementation of the ITER Project, the Arrangement on Provisional Application of the Agreement on the Establishment of the ITER International Fusion Energy Organization for the Joint Implementation on the ITER Project and the Agreement on the Privileges and Immunities of the ITER International Fusion Energy Organization for the Joint Implementation of the ITER Project should be approved,
HAS DECIDED AS FOLLOWS:
Article 1
2. The text of the ITER Agreement is annexed to this decision as Annex I.
Article 2
2. The text of the Arrangement on the Provisional Application of the Agreement on the Establishment of the ITER International Fusion Energy Organization for the Joint Implementation on the ITER Project is annexed to this decision as Annex II.
Article 3
2. The text of the Agreement on the Privileges and Immunities of the ITER Fusion Energy Organization for the Joint Implementation of the ITER Project is annexed to this decision as Annex III.