*****

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 potentially 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 respective 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 Annexes I, II and III which form an integral part of this Agreement.

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 Annexes, I, II and III.

Article IV

1. The cooperation shall be conducted in accordance with 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. (a) The Annexes shall continue in force as long as this Agreement remains in force, unless terminated earlier in accordance with subparagraph (b) below.

(b) 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.

(c) All activities not completed at the expiry of each Annex may be continued until their completion under the terms of the Annex concerned.

(d) 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. Article V

1. The Parties shall establish a Coordinating Committee to facilitate 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:

(a) reviewing and monitoring the progress of cooperative activities;

(b) exchanging information and views on scientific and technological policy issues; and

(c) 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 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.

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 the 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 Brussels on the twentieth day of February 1988, in duplicate in the English and Japanese languages, each version being equally authentic.

1.2 // For the European Atomic Energy Community Filippo M. PANDOLFI // For the Government of Japan Munioki DATE Ambassador of Japan to the European Communities