2005/419/Euratom:Commission Decision of 27 November 2002 on the conclusion of a Cooperation Agreement between the European Atomic Energy Community and the Government of the Republic of Kazakhstan in the field of controlled nuclear fusion (notified under document number C(2002) 4572)

The Agreement between the European Atomic Energy Community and the Government of the Republic of Kazakhstan in the field of controlled nuclear fusion is hereby concluded on behalf of the European Atomic Energy Community. The text of the Agreement is appended to this Decision.

The Member of the Commission responsible for Research or his designated representative is authorised to sign the Agreement on behalf of the European Atomic Energy Community for the purpose of binding the European Atomic Energy Community.

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 mutual benefit in order to develop the scientific understanding and technological capability underlying a fusion power system.

Cooperation under this Agreement may be undertaken in the following areas: (a) experimental and theoretical studies of plasma confinement, transport, heating and current drive (including the development of related RF systems) and diagnostics, in magnetic devices; (b) fusion technology; (c) applied plasma physics; (d) programme policies and plans; and (e) other areas as may be agreed.

Cooperation in the areas referred to in Article 2 may include the following activities: (a) exchange and provision of information; (b) exchange and provision of personnel; (c) meetings of various forms; (d) exchange and provision of samples, instruments and apparatus for experimental and evaluation purposes; (e) balanced participation in joint studies and activities; (f) involvement in either Party’s contribution to the fusion programmes or projects involving third parties, subject to the consent, if required, of such third parties; and (g) other activities as may be agreed.

1 To the extent necessary, implementing arrangements on specific cooperative actions shall be concluded between: the Community or any organisation associated with it within the framework of the Community fusion programme, designated by the Community for this purpose; Government of the Republic of Kazakhstan, the executive body of which for those purposes is the Ministry of Energy and Mineral Resources of the Republic of Kazakhstan or any other organisation, designated by the Republic of Kazakhstan for this purpose.

2 Specific terms and conditions necessary to implement activities listed in Article 3 shall be mutually agreed by both parties in the implementing arrangements and shall contain: (a) specific details, procedures and financing provisions for individual cooperative activities; (b) assignment of the responsibility for the operational management of the concerned activity to a single organisation or operating agent; (c) detailed provisions on dissemination of information and treatment of intellectual property.

3 Each Party shall coordinate its activities under this Agreement as appropriate, with other international activities related to research and development in the field of controlled nuclear fusion in which the other Party is a participant, in order to minimise duplication of effort.

1 The Parties shall establish a Coordinating Committee to coordinate and to supervise the execution of this Agreement. Each of the Parties shall appoint an equal number of members to the Coordinating Committee and nominate one of its appointed members as its Head of Delegation. The Coordinating Committee shall meet each year, alternately in the Community and in Kazakhstan or at any other agreed time and place. The Head of Delegation of the receiving Party shall chair the meeting.

2 The functions of the Coordinating Committee shall include: (a) assessing the state of cooperation under this Agreement; (b) determining the specific tasks to be undertaken in the areas referred to in Article 2 of this Agreement, without prejudice to the taking of autonomous decisions by the Parties on their respective programmes.

3 All decisions of the Coordinating Committee shall be by unanimity.

4 For periods between meetings of the Coordinating Committee, each Party shall nominate an Executive Secretary to act on its behalf in all matters concerning cooperation under this Agreement. The Executive Secretaries shall be responsible for day-to-day management of such cooperation.

All costs resulting from the cooperation shall be borne by the Party that incurs them, unless otherwise specifically agreed in writing by the implementing agencies.

Utilisation and diffusion of information and intellectual property rights including industrial property, patents and copyrights connected with the cooperative activities under this Agreement shall be in accordance with the Annexes, which form an integral part of this Agreement.

Nothing in this Agreement shall be construed to prejudice existing or future arrangements for cooperation between the Parties.

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.

3 Each Party shall use its best endeavours, within the framework of the laws and regulations applicable, to facilitate the accomplishment of formalities involved in the movement of persons, the transfer of materials and equipment and the transfer of currency required to conduct the cooperation.

4 Compensation for damages incurred during the implementation of this Agreement shall be in accordance with the laws and regulations applicable.

Subject to the laws and regulations applicable, the Parties shall endeavour to settle all questions connected with this Agreement through consultations between themselves.

1 This Agreement shall enter into force on the date which the Parties, by an exchange of diplomatic notes, specify for its entry into force and shall remain in force for an initial period of 10 years.

2 Thereafter, this Agreement shall be automatically renewed for five-year periods, unless either Party, by written notice, requests its termination or renegotiation not later than six months prior to the expiry date.

3 In the event of termination or renegotiation, this Agreement shall remain in force in its previous form, with respect to cooperation activities effectively entered into prior to the request for termination or renegotiation and to implementing arrangements as envisaged in Article 4, until the end of such activities and arrangements.

4 Termination of this Agreement shall not affect rights and obligations under Article 7.

This Agreement shall apply, in so far as the Community is concerned, to the territories in which the Treaty establishing the European Atomic Energy Community applies and to the territories of the countries participating in the Community fusion programme as fully associated third States.

This Agreement shall be drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish, Kazakh and Russian languages, each text being equally authentic.