EUR-Lex - 22007A0921(01) - EN Important legal notice | 22007A0921(01) Agreement between the European Atomic Energy Community and the Government of Japan for the Joint Implementation of the Broader Approach Activities in the Field of Fusion Energy Research Official Journal L 246 , 21/09/2007 P. 0034 - 0046 20070205Agreementbetween the European Atomic Energy Community and the Government of Japan for the Joint Implementation of the Broader Approach Activities in the Field of Fusion Energy ResearchTHE EUROPEAN ATOMIC ENERGY COMMUNITY (hereinafter referred to as Euratom) and THE GOVERNMENT OF JAPAN collectively referred to as "the Parties",HAVING REGARD to the Agreement for Cooperation between the Government of Japan and the European Atomic Energy Community in the Field of Controlled Thermonuclear Fusion;HAVING REGARD to the Joint Declaration by the Representatives of the Parties to the ITER Negotiations, on the Occasion of the Ministerial Meeting for ITER, Moscow, 28 June 2005 and its attached Joint Paper — The roles of the Host and the non-Host for the ITER Project (hereinafter referred to as the Joint Paper) in which the main principles for the implementation of the Broader Approach Activities have been set out;HAVING REGARD to the Joint Declaration by the Representatives of the Government of Japan and Euratom for the joint implementation of the Broader Approach Activities, 22 November 2006 (hereinafter referred to as the Brussels Joint Declaration);RECALLING the Parties’ contributions to the preparation for the joint implementation of the ITER Project through the ITER Engineering Design Activities and the establishment of the ITER International Fusion Energy Organisation;RECOGNISING the role of the International Atomic Energy Agency in the ITER Project and the collaboration of the Parties in fusion research and development areas under the International Energy Agency of the Organisation for Economic Cooperation and Development;DESIRING to jointly implement the Broader Approach Activities in support of the ITER Project and an early realisation of fusion energy for peaceful purposes on a time frame compatible with the ITER construction phase;HAVE AGREED AS FOLLOWS:CHAPTER 1INTRODUCTIONArticle 1ObjectiveThe objective of this Agreement is to establish a framework for specific procedures and details for the joint implementation of broader approach activities (hereinafter referred to as the Broader Approach Activities) in support of the ITER Project and an early realisation of fusion energy for peaceful purposes in accordance with the Joint Paper.Article 2Outline of the Broader Approach Activities1. The Broader Approach Activities shall comprise the following three projects:(a) the project on the Engineering Validation and Engineering Design Activities for the International Fusion Materials Irradiation Facility (hereinafter referred to as IFMIF/EVEDA);(b) the project on the International Fusion Energy Research Centre (hereinafter referred to as IFERC); and(c) the project on the Satellite Tokamak Programme.2. In accordance with the Joint Paper and on the basis of the Brussels Joint Declaration, the Broader Approach Activities shall be implemented on a time frame compatible with the ITER construction phase.3. The general principles governing the Broader Approach Activities shall be as set out in this Agreement. The principles specific to each project of the Broader Approach Activities shall be as set out in Annexes I, II and III, which form an integral part of this Agreement.CHAPTER 2ADMINISTRATIVE STRUCTURE OF THE BROADER APPROACH ACTIVITIESArticle 3Steering Committee on the Broader Approach Activities1. There is hereby established a Steering Committee on the Broader Approach Activities (hereinafter referred to as the Steering Committee) which shall be responsible in accordance with this Agreement for the overall direction and supervision of the implementation of the Broader Approach Activities.2. The Steering Committee shall be assisted by the Secretariat established pursuant to paragraph 1 of Article 4 (hereinafter referred to as the Secretariat).3. The Steering Committee shall have legal personality and shall enjoy in its relations with other States and international organisations and in the territories of the Parties such legal capacity as may be necessary to perform its functions and achieve its ends.4. Each Party shall appoint an equal number of members to the Steering Committee and nominate one of its appointed members as the head of its delegation.5. The Steering Committee shall meet at least twice per year, alternately in Europe and in Japan, or at other agreed times and places. The head of the delegation of the Party that hosts the meeting shall chair the meeting. The Steering Committee shall meet when convened by its chair.6. The Steering Committee shall decide by consensus.7. The expenditure of the Steering Committee shall be borne by the Parties on a mutually agreed basis.8. The functions of the Steering Committee shall include:(a) appointment of the staff of the Secretariat as provided for in paragraph 1 of Article 4;(b) appointment of a project leader for each project of the Broader Approach Activities as provided for in paragraph 1 of Article 6 (hereinafter referred to as project leader(s));(c) approval of a project plan, a work programme and an annual report of each project of the Broader Approach Activities as provided for in Chapter 3 (hereinafter referred to as project plan(s), work programme(s) and Annual Report(s) respectively);(d) approval of the structure of a project team as provided for in paragraph 2 of Article 6 (hereinafter referred to as project team(s));(e) appointment on an annual basis of experts made available by a Party to the Project Teams as part of its in-kind contribution as provided for in paragraph 1(a)(ii) of Article 12 (hereinafter referred to as the experts);(f) in accordance with Article 25, decision on participation of any other party to the Agreement on the Establishment of the ITER International Fusion Energy Organisation for the Joint Implementation of the ITER Project (hereinafter referred to as the ITER Agreement) in a project of the Broader Approach Activities and subsequent conclusion of agreements and arrangements with that Party on such participation; and(g) any other functions as may be necessary to direct and supervise the Broader Approach Activities.Article 4Secretariat1. The Steering Committee shall establish the Secretariat which shall be located in Japan. The staff of the Secretariat shall be appointed by the Steering Committee.2. The Secretariat shall assist the Steering Committee. The functions of the Secretariat shall be determined by the Steering Committee, and shall include:(a) receiving and transmitting the Steering Committee’s official communications;(b) preparing meetings of the Steering Committee;(c) preparing administrative and other reports for the Steering Committee; and(d) undertaking any other activities as may be decided by the Steering Committee.Article 5Project Committee1. For each project of the Broader Approach Activities, the Parties shall establish a project committee (hereinafter referred to as Project Committee).2. Each Party shall appoint an equal number of members to each Project Committee.3. Each Project Committee shall meet at least twice per year. Unless otherwise agreed by the Project Committee, it shall meet in Japan. The chair of each Project Committee shall be nominated by the Steering Committee from among the members of the Project Committee.4. Each Project Committee shall decide by consensus.5. The secretariat of each Project Committee shall be ensured by the respective Project Leader as provided for in Article 6.6. The functions of each Project Committee shall include:(a) making recommendations on the respective draft project plans, work programmes and annual reports to be submitted to the Steering Committee by the Project Leader concerned in accordance with Chapter 3;(b) monitoring and reporting on the progress of the project of the Broader Approach Activities concerned; and(c) performing any other duties as directed by the Steering Committee.Article 6Project leader and project team1. For each project of the Broader Approach Activities, a project leader shall be appointed by the Steering Committee. The project leader shall be responsible for the coordination of the implementation of the project as specified in Annexes I, II and III.2. Each project leader shall be assisted by the respective project team in the exercise of his responsibilities and functions. The members of each project team shall comprise the Experts and other members such as visiting scientists. The structure of each project team shall be approved by the Steering Committee upon proposal by the respective project leader.3. The functions of each project leader shall include:(a) organising, directing and supervising the project team in the implementation of the work programme;(b) preparing the Project Plan, the work programme and the annual report, and submitting them to the Steering Committee for approval after consultation with the respective Project Committee;(c) requesting the implementing agency designated by the Government of Japan in accordance with paragraph 1 of Article 7 (hereinafter referred to as the Japanese Implementing Agency) to disburse the expenditure to support the respective project team in accordance with Article 17;(d) accounting of the contribution of each Party;(e) ensuring the secretariat of the Project Committee; and(f) reporting to the Project Committee on the progress of the respective project of the Broader Approach Activities.Article 7Implementing agencies1. Each Party shall designate an implementing agency to discharge its obligations for the implementation of the Broader Approach Activities (hereinafter referred to as implementing agency(ies)), in particular to make available the resources for their implementation. If the Implementing Agencies have not been designated even after the entry into force of this Agreement, the Parties shall immediately consult with each other on how to resolve the issue.2. The Japanese Implementing Agency shall host the project teams and shall make available working sites including office accommodations, goods and services required for the implementation of the tasks to be performed by the project teams under the terms and conditions set out in Annexes I, II and III.3. Subject to paragraph 1 of Article 3, the Japanese Implementing Agency shall be responsible for the management of agreed financial contributions to operational costs and of the financial contributions to common expenses of each project team, dedicated to each project of the Broader Approach Activities in accordance with the respective project plan and work programme. For the purpose of the management of such financial contributions, the Japanese Implementing Agency shall designate a responsible person in charge of the management of financial contributions of the Parties. His functions shall include:(a) calling on the Party(ies) or the implementing agency(ies) to make financial contributions in accordance with project plans and work programmes; and(b) keeping separate accounts of the financial contributions for each project of the Broader Approach Activities and retaining them together with all books, records and any other documents in respect of the financial contributions for a minimum period of five years following the expiry or termination of this Agreement.4. The Japanese implementing agency shall take the necessary steps to obtain all permits and licenses provided for in the laws and regulations in force in Japan and required for the implementation of the Broader Approach Activities.CHAPTER 3INSTRUMENTS OF IMPLEMENTATION OF THE BROADER APPROACH ACTIVITIES AND FINANCIAL AUDITArticle 8Project plan1. After consultation with the respective Project Committee, each project leader shall submit, not later than 31 March of each year, a project plan of the respective project of the Broader Approach Activities to the Steering Committee for its approval.2. Each project plan shall cover the entire duration of such project and be regularly updated. It shall:(a) outline an overall plan of activities including time schedule and major milestones for the implementation of such project in light of the progress achieved; and(b) provide a comprehensive overview of the contributions already made and to be made in the future for the implementation of such project.Article 9Work programmeAfter consultation with the respective Project Committee, each project leader shall submit, not later than 31 October of each year, an annual work programme of the respective project of the Broader Approach Activities for the following year to the Steering Committee for its approval. The work programmes shall provide the details of the respective project plans and shall provide the programmatic description of the activities to be undertaken, including objectives, planning, common expenses and the contributions to be provided by each Party.Article 10Annual report1. Not later than 31 March of each year, each project leader shall submit an Annual Report covering all the activities conducted in the implementation of the respective project of the Broader Approach Activities including a summary of the contributions made by each Party and of the disbursement made by the Japanese implementing agency in accordance with Article 7(3) for such project to the Steering Committee for its approval. Upon approval by the Steering Committee, the project leader shall forward the annual report and any comments by the Steering Committee to the Parties and to the implementing agencies.2. The Japanese Implementing Agency shall provide each project leader with the data necessary for the summary of the contributions made by each Party and the disbursement made by the Japanese Implementing Agency for such project.3. The project plans, work programmes and annual reports as provided for in Articles 8 to 10 and any other essential documents for the implementation of the Broader Approach Activities shall be drafted in English.Article 11Financial auditEach Party may initiate a financial audit of the separate accounts kept by the Japanese Implementing Agency for the purposes of the Broader Approach Activities at any time during this Agreement and up to five years after the expiry or termination of this Agreement on the basis of documents and on the spot. All books, records and any other documents kept by the implementing agencies and by the project leaders in respect of the Broader Approach Activities shall be open, as necessary and appropriate, for the purposes of the audit.CHAPTER 4RESOURCESArticle 12General principles1. The resources for the implementation of the Broader Approach Activities shall comprise:(a) in-kind contributions, in accordance with technical specifications and under the terms and conditions as referred to in the Brussels Joint Declaration and its attachments, comprising:(i) specific components, equipments, materials and other goods and services; and(ii) the experts made available by a Party to the project teams after their appointment by the Steering Committee and the staff made available by a Party to the Secretariat after their appointment by the Steering Committee; and(b) financial contributions, under the terms and conditions as referred to in the Brussels Joint Declaration and its attachments.2. Subject to the laws and regulations of each Party, the document Value Estimates and Allocations of Contributions of the Parties attached to the Brussels Joint Declaration may be annually updated by decision of the Steering Committee.Article 13Taxes1. Each Party shall grant permission for duty-free importation and exportation to and from its territory of goods which are necessary for the implementation of this Agreement, and shall ensure their exemption from any other taxes and duties collected by the customs authorities and from import prohibitions and restrictions. This paragraph shall be implemented without regard to the country of origin of such necessary goods.2. The Experts made available by a Party to the project teams after their appointment by the Steering Committee and the staff made available by a Party to the Secretariat after their appointment by the Steering Committee as in-kind contribution in accordance with paragraph 1(a)(ii) of Article 12 shall be exempt from taxes on salaries, wages and emoluments in the territory of the other Party.Article 14Regulation of in-kind contributions1. Each in-kind contribution shall be the object of a procurement arrangement (hereinafter referred to as the Procurement Arrangement) agreed between the Implementing Agencies with the consent of the project leader concerned.2. The Procurement Arrangement shall provide a detailed technical description of the contributions to be made including the technical specifications, schedules, milestones, risk assessments, deliverables and criteria for their acceptance, and shall set out the arrangements by which the project leader concerned will be enabled to exercise technical authority over the performance of the in-kind contributions. The Procurement Arrangement shall, in particular, set out:(a) the value attributed to each in-kind contribution;(b) the roles and responsibilities of the implementing agencies and the project leader;(c) the procedure for procurement;(d) the schedule and conditions for the acceptance of achievement of milestones and deliverables;(e) the application of quality assurance measures;(f) the relation and monitoring procedures among the project leader concerned, the implementing agencies and the entities involved in the supply of the deliverables;(g) procedures to deal with changes of a procurement that can have an impact on costs, scheduling and performance; and(h) the acceptance of the final deliverables and possible transfer of ownership.3. The ownership of components to be contributed in kind by the implementing agency designated by Euratom in accordance with paragraph 1 of Article 7 (hereinafter referred to as the European Implementing Agency) shall be transferred to the Japanese Implementing Agency at the time of acceptance by the respective project leader and the Japanese Implementing Agency at the respective working site. The Japanese Implementing Agency shall be responsible for the transportation of components contributed by the European Implementing Agency from the port of entry to the working site.4. For the experts or the staff to the Secretariat, the Procurement Arrangement shall take the form of a secondment arrangement. The value attributed to the experts or the staff to the Secretariat shall be as referred to in the document Value Estimates and Allocation of Contributions of the Parties attached to the Brussels Joint Declaration and may be updated by the Steering Committee from time to time as necessary.5. Each Party shall be responsible for the salaries, insurances and allowances to be paid to the experts and the staff of the Secretariat made available by such Party, and shall, unless otherwise agreed, pay for the travel and living expenses of them. The Party that hosts the project teams and/or the Secretariat shall arrange for adequate accommodation for the Experts and the staff of the Secretariat and their families. The Party that hosts the project teams and/or the Secretariat shall also take appropriate measures to facilitate the entry to its territory of the experts and the staff of the Secretariat and their families, and shall request its implementing agency to use its best efforts to provide appropriate facilities with respect to legal and translation services in the event of any legal action brought against the Experts and the staff of the Secretariat resulting from the execution of their duties. The Experts and the staff to the Secretariat shall comply with the general and special rules of work and safety regulations in force at the host establishment, or as agreed in the secondment arrangement in the execution of their duties in the other Party.Article 15Adjustments to allocationsIf unforeseen circumstances so require, a Party may propose to modify the allocation of contributions within a project of the Broader Approach Activities. Upon such proposal, the project leader concerned shall, following consultation with the Project Committee concerned, propose to the Steering Committee a revised allocation of resources while maintaining the total cost of such project and the overall balance of the contributions between the Parties within that project.Article 16Financial contributionsAll payments made by the European Implementing Agency shall be made in euro. All payments made by the Japanese Implementing Agency shall be made in Yen.Article 17Common expenses of the project teamsCommon expenses of each project team shall be disbursed in accordance with paragraph 3 of Article 7 by the Japanese Implementing Agency. For this purpose, the Japanese Implementing Agency shall undertake the necessary actions upon request by the project leader concerned and within the ceilings given in the relevant work programme.CHAPTER 5INFORMATION AND INTELLECTUAL PROPERTYArticle 18Dissemination, use and protection of information1. For the purposes of this Chapter:(a) "information" means drawings, designs, computations, reports and other documents, documented data or methods of research and development, descriptions of inventions and discoveries, whether or not protectable; and(b) "business confidential information" means information containing know-how, trade secrets, or technical, commercial or financial information, which:(i) has been held in confidence by its owner;(ii) is not generally known or available from other sources;(iii) has not been made available by its owner to other parties without an obligation concerning its confidentiality; and(iv) is not available to the receiving party without obligations concerning its confidentiality.2. Subject to the provisions of this Chapter, the Parties support the widest possible dissemination of information generated in the implementation of this Agreement.3. Subject to the provisions of this Chapter, all information generated by the members of the project teams in the execution of the tasks assigned to them under this Agreement shall be made freely available to each of the Parties for use in the research and development of fusion as a source of energy for peaceful purposes.4. Subject to the provisions of this Chapter, each Party shall be entitled to a non-exclusive, irrevocable and royalty-free license in all countries to translate, reproduce and publicly distribute scientific and technical journal articles, reports and books directly arising from the implementation of this Agreement. All publicly distributed copies of a copyrighted work prepared under the provisions of this Chapter shall indicate the names of the authors of the work unless an author explicitly declines to be named.5. Subject to the provisions of this Chapter, all information generated by the personnel of an implementing agency in the execution of the tasks assigned to it under this Agreement shall be made freely available to the project teams and to each of the Parties for use in the research and development of fusion as a source of energy for peaceful purposes.6. Any contract placed on the initiative of an implementing agency or a project leader for the execution of a task assigned to them under this Agreement shall contain provisions to allow the Parties to meet their obligations under this Agreement.7. Subject to its laws and regulations and to its obligations to third parties and to the provisions of this Chapter, each Party shall use its best efforts to make freely available to the project teams and to the implementing agencies any information at its disposal which they need for the execution of the tasks assigned to them under this Agreement.8. If business confidential information is made available in the implementation of this Agreement, it must be duly marked so and transmitted pursuant to an arrangement of confidentiality. The recipient of such information shall use it for the implementation of this Agreement, and preserve its confidentiality to the extent provided in that arrangement.Article 19Intellectual property1. For the purposes of this Agreement, "intellectual property" shall have the meaning defined in Article 2 of the Convention Establishing the World Intellectual Property Organisation, done at Stockholm on 14 July 1967. In accordance with its laws and regulations, each Party shall ensure that the other Party can obtain the rights to intellectual property allocated in accordance with this Chapter. This Chapter does not alter or prejudice the allocation of rights between a Party and its nationals. Whether the rights concerning intellectual property shall be held by a Party or its nationals shall be determined as between themselves in accordance with their applicable laws and regulations.2. Where protectable subject matter is generated by the members of the project teams in the implementation of this Agreement, the respective project leader shall promptly inform the Steering Committee with a recommendation on the countries where protection for such intellectual property should be obtained. Each Party, its implementing agency, or the members of the project teams made available by that Party shall, however, be entitled to acquire all right, title and interest in and to intellectual property in the territory of that Party. The Steering Committee shall decide whether and how to seek protection for such intellectual property in third countries. In all cases where protection for intellectual property is obtained by a Party, its implementing agency or the members of the project teams made available by that Party, the Party shall ensure that the members of the project teams can freely use such intellectual property for the execution of the tasks assigned to the project teams.3. If intellectual property is generated by personnel of an implementing agency in the execution of a task assigned to it under this Agreement, the Party of that implementing agency, the implementing agency or its personnel shall be entitled to acquire all right, title and interest in all countries in and to such intellectual property according to applicable laws and regulations. The Party of such implementing agency shall ensure that the members of the project teams can freely use such intellectual property for the execution of the tasks assigned to the project teams, and that the other Party is granted an irrevocable, non-exclusive and royalty-free license, with the right to sublicense, for research and development on fusion as a source of energy for peaceful purposes.4. If intellectual property is generated by personnel made available through an implementing agency while working in the implementing agency of the other Party, subject to relevant applicable laws:(a) the receiving Party, its implementing agency or its personnel shall be entitled to acquire all right, title and interest in and to any such intellectual property in its own territory and in the third countries; and(b) the sending Party, its implementing agency or its personnel shall be entitled to acquire all right, title and interest in and to any such intellectual property in its own territory.5. Each Party shall, without prejudice to any rights of inventors or authors under the applicable laws and regulations, take all necessary steps to seek the cooperation from such inventors or authors, including the personnel of its implementing agency, which are required to implement this Agreement. Each Party shall ensure the payment of awards and compensations to such inventors or authors, according to its laws and regulations.6. Notwithstanding paragraphs 2 to 4, if a Party decides not to exercise its right to seek protection for intellectual property in any country or region, it shall so notify the other Party, and the other Party may then seek to obtain such protection.Article 20Expiry or terminationThe rights conferred and obligations imposed upon the Parties under this Chapter shall subsist in accordance with applicable laws and regulations after the expiry or termination of this Agreement.CHAPTER 6FINAL PROVISIONSArticle 21Entry into forceThis Agreement shall enter into force on the date on which the Parties exchange diplomatic notes informing each other that their respective internal procedures necessary for its entry into force have been completed.Article 22Duration and termination1. This Agreement shall remain in force for a period of 10 years and shall continue in force thereafter unless terminated by either Party at the end of the 10-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. This Agreement may be terminated before its expiry only when:(a) both Parties mutually agree;(b) the ITER Agreement is terminated; or(c) either of the Parties is no longer a party to the ITER Agreement.3. The expiration or termination of this Agreement shall not affect the validity or duration of any arrangements made under it, or any specific rights and obligations that have accrued in compliance with Chapter 5.Article 23AmendmentThe Parties shall, at the request of either of them, consult with each other whether to amend this Agreement, and may agree to the amendment. Such amendment shall enter into force on the date on which the Parties exchange diplomatic notes informing each other that their respective internal procedures necessary for its entry into force have been completed.Article 24Dispute settlementAll questions or disputes between the Parties concerning the interpretation or implementation of this Agreement shall be settled by consultation and negotiation between them.Article 25Participation of other ITER partiesIn the event that any other party to the ITER Agreement expresses its intention to participate in a project of the Broader Approach Activities, the project leader concerned shall, after consultation with the Project Committee, submit to the Steering Committee a proposal concerning the terms and conditions of the participation of that party in such project. The Steering Committee shall decide on the participation of that party upon the proposal of the project leader, and subject to the approval of the Parties following their internal procedures, may conclude agreements and arrangements with that Party on such participation.Article 26Application with regard to EuratomIn accordance with the Treaty establishing Euratom, this Agreement shall apply to the territories covered by that Treaty. In accordance with that Treaty and other relevant agreements, it shall also apply to the Swiss Confederation, participating in the Euratom fusion programme as a fully associated third State.IN WITNESS WHEREOF the undersigned, being duly authorised thereto by the Government of Japan and the European Atomic Energy Community respectively, have signed this Agreement.Done at Tokyo on 5 February 2007, in duplicate, in the English and Japanese languages, both texts being equally authentic.For the European Atomic Energy CommunityH. RichardsonFor the Government of JapanT. Aso--------------------------------------------------20070205ANNEX IIFMIF/EVEDAArticle 1Objective1. The Parties, subject to this Agreement as well as their laws and regulations, shall conduct the Engineering Validation and Engineering Design Activities (hereinafter referred to as EVEDA) to produce a detailed, complete and fully integrated engineering design of the International Fusion Materials Irradiation Facility (hereinafter referred to as IFMIF) and all data necessary for future decisions on the construction, operation, exploitation and decommissioning of IFMIF, and to validate continuous and stable operation of each IFMIF subsystem.2. Such design and data shall then be set out in a final design report to be adopted by the Steering Committee upon proposal by the project leader after consultation with the Project Committee, and be made available for each of the Parties to use either as a part of an international collaborative programme or in its own domestic programme.Article 2Scope1. In pursuance of the objectives set out in Article 1 of this Annex, the following tasks shall be carried out:(a) establishment of the engineering design of IFMIF, including:(i) a complete description of IFMIF including its three main subsystems (the accelerators, the target facility and the test facility), the buildings including the hot cells for post irradiation examination, the auxiliary systems and the safety systems;(ii) detailed designs of the components, the subsystems and buildings with specific regard to their interfaces and integration;(iii) a planning schedule for the various stages of supply, construction, assembly, tests and commissioning together with the corresponding plan of human and financial resources requirements; and(iv) the technical specifications for the components allowing calls for tender for the supply of items needed for the start-up of the construction;(b) establishment of the site requirements for IFMIF, and performance of the necessary safety and environmental analyses;(c) proposal of the programme and corresponding estimates of the cost, human resources and schedule for the operation, exploitation and decommissioning of IFMIF; and(d) validating research and development work required for performing the activities described in points sub-paragraphs (a) to (c), including:(i) designing, building and assembling the prototype of the low energy part and the first high energy section of one of the two accelerators including its radio frequency power supplies, generators and their auxiliaries, and conducting their integrated beam testing operation;(ii) designing, manufacturing and testing of scalable models to ensure engineering feasibility of the target facility and of the test facility; and(iii) constructing the buildings to house the prototypical accelerator and its auxiliary systems.2. The implementation of the tasks set out in paragraph 1 shall be further specified in the project plan and work programmes.Article 3Working siteThe working site for IFMIF/EVEDA shall be located at Rokkasho, Aomori Prefecture.Article 4ResourcesThe Parties shall make available the resources required for the implementation of the IFMIF/EVEDA as referred to in the Brussels Joint Declaration and its attachments.Article 5DurationThe duration of the IFMIF/EVEDA shall be six years and may be extended by decision of the Steering Committee.Article 6Ownership of accelerator componentsNotwithstanding paragraph 3 of Article 14 of this Agreement, the European implementing agency shall retain the ownership of the prototypical accelerator components specified in this Article that it provides as an in-kind contribution, and shall take responsibility for shipping these components back after the dismantling of the prototypical accelerator:(a) injector;(b) radio frequency power supplies, generators and their auxiliaries; and(c) control system.--------------------------------------------------20070205ANNEX IIIFERCArticle 1ObjectiveThe Parties, subject to this Agreement as well as their laws and regulations, shall conduct research and development activities at IFERC aiming at contributing to the ITER Project and at promoting a possible early realisation of a future demonstration power reactor (hereinafter referred to as DEMO).Article 2ScopeIn pursuance of the objectives set out in Article 1 of this Annex, the following tasks shall be carried out:(a) activities of the DEMO Design Research and Development Coordination Centre aiming at establishing a common basis for a DEMO design, including:(i) holding of seminars and other meetings;(ii) provision and exchange of scientific and technical information;(iii) DEMO conceptual design activities; and(iv) research and development activities on DEMO technologies;(b) activities of the Computational Simulation Centre, including the provision and exploitation of a super-computer for large scale simulation activities to analyse experimental data on fusion plasmas, prepare scenarios for ITER operation, predict the performance of the ITER facilities and contribute to DEMO design; and(c) activities of the ITER Remote Experimentation Centre to facilitate broad participation of scientists into ITER experiments, including the development of remote experimentation techniques for burning Tokamak plasmas, to be tested on existing machines, such as the Advanced Superconducting Tokamak, as provided for in Article 1 of Annex III.Article 3Working siteThe working site for IFERC shall be located at Rokkasho, Aomori Prefecture.Article 4ResourcesThe Parties shall make available the resources required for the implementation of the IFERC activities as referred to in the Brussels Joint Declaration and its attachments.Article 5DurationThe duration of the IFERC activities shall be 10 years and may be extended by decision of the Steering Committee.Article 6Details of delivery and possible transfer of ownership of super computer systemsNotwithstanding paragraph 3 of Article 14 of this Agreement, details of delivery and possible transfer of ownership of super computer systems shall be determined by the Steering Committee in accordance with the project plan.--------------------------------------------------20070205ANNEX IIISATELLITE TOKAMAK PROGRAMMEArticle 1Objective1. The Parties, subject to this Agreement as well as their laws and regulations, shall conduct the satellite Tokamak programme (hereinafter referred to as the Satellite Tokamak Programme). This programme includes:(a) the participation in the upgrade of the Tokamak experimental equipment owned by the Japanese Implementing Agency to an advanced superconducting Tokamak (hereinafter referred to as the Advanced Superconducting Tokamak); and(b) the participation in its exploitation, to support the exploitation of ITER and research towards DEMO by addressing key physics issues for ITER and DEMO.2. The construction and exploitation of the Advanced Superconducting Tokamak shall be conducted under the Satellite Tokamak Programme and the Japanese national programme. The exploitation opportunities of the Advanced Superconducting Tokamak shall be equally shared between the national programme and the Satellite Tokamak Programme.Article 2Scope1. In pursuance of the objectives set out in Article 1 of this Annex, the following tasks shall be carried out:(a) Construction phase: design, manufacturing of components and systems, and assembly of the Advanced Superconducting Tokamak; and(b) Exploitation phase: planning and execution of Satellite Tokamak Programme experiments.2. The implementation of the tasks set out in paragraph 1 shall be further specified in the project plan and work programmes on the following basis:(a) the conceptual design report, including the functional specifications of the components to be supplied by the Parties for the implementation of the Satellite Tokamak Programme, shall be provided by the Japanese Implementing Agency and reviewed and accepted by the Parties;(b) each implementing agency shall develop the detailed design of the components to be supplied by it as in-kind contribution;(c) the Japanese Implementing Agency shall be responsible for the integration of the Advanced Superconducting Tokamak components and for the general assembly and operation of the device; and(d) Euratom shall be entitled to participate in the exploitation of the Advanced Superconducting Tokamak on an equitable basis.Article 3Working siteThe working site for the Satellite Tokamak Programme shall be located at Naka, Ibaraki Prefecture.Article 4ResourcesThe Parties shall make available the resources required for the implementation of the Satellite Tokamak Programme as referred to in the Brussels Joint Declaration and its attachments.Article 5DurationThe duration of the Satellite Tokamak Programme shall be 10 years including three years for commissioning and operation and may be extended by decision of the Steering Committee.--------------------------------------------------

Summary: ITER: Euratom/Japan agreement on nuclear fusion ITER: Euratom/Japan agreement on nuclear fusion SUMMARY OF: Agreement between the European Atomic Energy Community and the Government of Japan for the Joint Implementation of the Broader Approach Activities in the Field of Fusion Energy Research Decision 2007/614/Euratom — conclusion, by the Commission, of the Agreement between the European Atomic Energy Community and the Government of Japan for the Joint Implementation of the Broader Approach Activities in the Field of Fusion Energy Research WHAT IS THE AIM OF THE AGREEMENT AND THE DECISION? The agreement between the EU and Japan aims to introduce a framework for the achievement of ‘broader approach activities’ in the field of fusion energy, following on from the ITER project. The agreement, initially for 10 years, is open to other ITER parties. It will continue after 10 years if none of the parties terminates it. The decision concludes the agreement on behalf of the European Atomic Energy Community (Euratom). KEY POINTS Activities The broader approach activities refer to 3 research projects developed in Japan: the project completing the design of the International Fusion Materials Irradiation Facility (IFMIF/EVEDA), for the testing and qualification of advanced materials in environment conditions comparable to those of a fusion power reactor; the Satellite Tokamak programme, to develop operating scenarios for the ITER and DEMO projects; the project relating to the International Fusion Energy Research Centre, a body responsible for coordinating the DEMO design R & D, large-scale simulation of plasmas to produce fusion power by supercomputers and remote experimentation to facilitate broad participation by scientists in the experiments conducted under ITER. Structure The management structure for these broader approach activities comprises: the steering committee; the secretariat; the project committee(s); the project leader(s) and project team(s); the implementing agencies. Implementing instruments The project plan (covering the duration of the project), which is submitted to the steering committee for approval no later than 31 March each year by each project leader after consulting the project committee, comprises: a description of all the planned activities;a detailed schedule of the main stages of implementation;an overview of the contributions made and to be made. After consulting the project committee, each project leader, no later than 31 October each year, submits a work programme for the following year to the steering committee for approval, containing: the points of the corresponding project plan;programming specifications for the activities to be carried out (objectives, planning, current expenditure, contributions expected from each party, etc.). Each project leader submits an annual report to the steering committee for approval (no later than 31 March of each year). This document is then forwarded to the parties and the implementing agencies. Each party is entitled to carry out a financial audit at any time during this agreement and for up to 5 years following its termination. Resources The resources for the implementation of the broader approach activities may be: contributions in kind;specific components, equipment and materials, as well as goods and services;the experts made available to the project teams;the personnel made available to the various management bodies;financial contributions. The EU contribution, which mainly takes the form of contributions in kind, amounts to approximately €340 million. In March 2020, Euratom and Japan signed a joint declaration reaffirming that, as of 2020, the broader approach is to focus on operating and exploiting the facilities that have already been set up, for the benefit of both parties. As ITER is approaching its own First Plasma and the beginning of its operation, teams working on the broader approach will work more closely with ITER to ensure that it moves forward as smoothly as possible. Intellectual property (IP) The agreement defines IP as provided in Article 2 of the UN World Intellectual Property Organization (WIPO) Convention of 14 July 1967. Project leaders have a duty to inform the steering committee of any potential protectable IP that is created and recommend the jurisdiction where such protection should be obtained. The parties should: support the widest possible dissemination of information resulting from the implementation of the agreement;ensure that information created by project teams and implementing agencies is made freely available to each of the parties for use in the research and development of fusion energy;have a non-exclusive, irrevocable and royalty-free licence in all countries to translate, reproduce and publicly distribute scientific and technical publications directly arising from the implementation;ensure proper and free exchange of information needed to accomplish the tasks of the project teams and that information marked as confidential is disseminated according to the confidentiality rules. The rights and titles to IP created by implementing agency staff would belong to the agency concerned. DATE OF ENTRY INTO FORCE It entered into force on 1 June 2007. BACKGROUND Broader approach — Cutting-edge fusion energy research activities — booklet (European Commission) Fusion energy collaboration between the EU and Japan: mastering the power of the sun — press release (European Commission). MAIN DOCUMENTS Agreement between the European Atomic Energy Community and the Government of Japan for the Joint Implementation of the Broader Approach Activities in the Field of Fusion Energy Research (OJ L 246, 21.9.2007, pp. 34-46) Council Decision 2007/614/Euratom of 30 January 2007 concerning the conclusion, by the Commission, of the Agreement between the European Atomic Energy Community and the Government of Japan for the Joint Implementation of the Broader Approach Activities in the Field of Fusion Energy Research (OJ L 246, 21.9.2007, pp. 32-33) last update 12.05.2020


EUR-Lex - 22007A0503(01) - EN Important legal notice | 22007A0503(01) Agreement between the European Union and the government of the United States of America on the security of classified information Official Journal L 115 , 03/05/2007 P. 0030 - 0034 Agreementbetween the European Union and the government of the United States of America on the security of classified informationTHE GOVERNMENT OF THE UNITED STATES OF AMERICA, hereafter referred to as "the USG"andTHE EUROPEAN UNION, hereafter referred to as "the EU", hereafter referred to as "the Parties",CONSIDERING THAT the USG and the EU share the objectives to strengthen their own security in all ways and to provide their citizens with a high level of safety within an area of security,CONSIDERING THAT the USG and the EU agree that consultations and co-operation should be developed between them on questions of common interest relating to security,CONSIDERING THAT, in this context, a permanent need therefore exists to exchange classified information between the USG and the EU,RECOGNISING THAT full and effective consultation and co-operation may require access to USG and EU classified information, as well as the exchange of classified information between the USG and the EU,CONSCIOUS THAT such access to and exchange of classified information requires appropriate security measures,HAVE AGREED AS FOLLOWS:Article 1Scope1. This Agreement shall apply to classified information provided or exchanged between the Parties.2. Each Party shall protect classified information received from the other Party, in particular against unauthorised disclosure, in accordance with the terms set forth herein and in accordance with the Parties’ respective laws and regulations.Article 2Definitions1. For the purpose of this Agreement "the EU" shall mean the Council of the European Union (hereafter referred to as "the Council"), the Secretary-General/High Representative and the General Secretariat of the Council, and the Commission of the European Communities (hereafter referred to as "the European Commission").2. For the purpose of this Agreement "classified information" shall mean information and material subject to this Agreement (i) the unauthorised disclosure of which could cause varying degrees of damage or harm to the interests of the USG, or of the EU or one or more of its Member States; (ii) which requires protection against unauthorised disclosure in the security interests of the USG or the EU; and (iii) which bears a security classification assigned by the USG or the EU. The information may be in oral, visual, electronic, magnetic or documentary form, or in the form of material, including equipment or technology.Article 3Security classifications1. Classified information shall be marked as follows:(a) For the USG, classified information shall be marked TOP SECRET, SECRET or CONFIDENTIAL.(b) For the EU, classified information shall be marked TRES SECRET UE/EU TOP SECRET, SECRET UE, CONFIDENTIEL UE or RESTREINT UE.2. The corresponding security classifications are:In the European Union | In the United States of America |TRES SECRET UE/EU TOP SECRET | TOP SECRET |SECRET UE | SECRET |CONFIDENTIEL UE | CONFIDENTIAL |RESTREINT UE | (No US equivalent) |3. Classified information provided by one Party to the other shall be stamped, marked or designated with the name of the releasing Party. Classified information provided by one Party shall be protected by the recipient Party in a manner at least equivalent to that afforded to it by the releasing Party.Article 4Protection of classified information1. Each Party shall have a security system and security measures in place based on the basic principles and minimum standards of security laid down in its respective laws and regulations, in order to ensure that an equivalent level of protection is applied to classified information. On request, each Party shall provide the other Party with information about its security standards, procedures and practices, including training, for safeguarding classified information.2. The recipient Party shall afford classified information received from the releasing Party a degree of protection at least equivalent to that afforded it by the releasing Party.3. The recipient Party shall not use or permit the use of classified information for any other purpose than that for which it was provided without the prior written approval of the releasing Party.4. The recipient Party shall not further release or disclose classified information without the prior written approval of the releasing Party.5. The recipient Party shall comply with any limitations on the further release of classified information as may be specified by the releasing Party when it discloses it.6. The recipient Party shall ensure that the rights of the originator of classified information provided or exchanged under this Agreement, as well as intellectual property rights such as patents, copyrights or trade secrets, are adequately protected.7. No individual shall be entitled to have access to classified information received from the other Party solely by virtue of rank, appointment, or security clearance. Access to classified information shall be granted only to those individuals whose official duties require such access and who, where needed, have been granted the requisite personnel security clearance in accordance with the prescribed standards of the Parties.8. The recipient Party shall ensure that all individuals having access to classified information are informed of their responsibilities to protect the information in accordance with applicable laws and regulations.Article 5Personnel security clearances1. The Parties shall ensure that all persons who in the conduct of their official duties require access, or whose duties or functions may afford access, to information classified CONFIDENTIEL UE or CONFIDENTIAL or above provided or exchanged under this Agreement are appropriately security-cleared before they are granted access to such information.2. The determination by a Party on the granting of a personnel security clearance to an individual shall be consistent with that Party’s security interests and shall be based upon all available information indicating whether the individual is of unquestionable loyalty, integrity, and trustworthiness.3. Each Party’s security clearances shall be based on an appropriate investigation conducted in sufficient detail to provide assurance that the criteria referred to in paragraph 2 have been met with respect to any individual to be granted access to classified information. For the EU, the parent government National Security Authority (NSA) of the individual concerned is the competent authority responsible for conducting the necessary security investigations on its nationals.Article 6Transfer of custodyThe releasing Party shall ensure that all classified information is adequately protected until custody of the information is transferred to the recipient Party. The recipient Party shall ensure that all classified information of the other Party is adequately protected as soon as it has custody of the information released to it.Article 7Security of facilities and establishments of the Parties where classified information is keptIn accordance with applicable laws and regulations, each Party shall ensure the security of facilities and establishments where classified information released to it by the other Party is kept, and shall ensure for each such facility or establishment that all necessary measures are taken to control and protect the information.Article 8Release of classified information to contractors1. Classified information received from the other Party may be provided to a contractor or prospective contractor with the prior written consent of the releasing Party. Prior to the release or disclosure to a contractor or prospective contractor of any classified information received from the other Party, the recipient Party shall ensure that such contractor or prospective contractor, and the contractor’s facility, have the capability to protect the information and have an appropriate clearance.2. This Article shall not apply to personnel engaged by the European Union under a contract of employment or by the United States under a personal services contract.Article 9Transmission1. Classified information shall be transmitted between the Parties through mutually agreed channels.For the purposes of this Agreement:(a) As regards the EU, all classified information in written form shall be sent to the Chief Registry Officer of the Council of the European Union. All such information shall be forwarded by the Chief Registry Officer of the Council to the Member States and to the European Commission, subject to paragraph 3;(b) As regards the USG, all classified information in written form shall be sent, unless otherwise provided for, via the Mission of the United States of America to the European Union, at the following address:Mission of the United States of America to the European UnionRegistry OfficerRue Zinner 13B-1000 Brussels2. The electronic transmission of classified information up to the level CONFIDENTIAL/CONFIDENTIEL UE between the USG and the EU and between the EU and the USG shall be encrypted in accordance with the releasing Party’s requirements as outlined in its security policies and regulations. The releasing Party’s requirements shall be met when transmitting, storing and processing classified information in internal networks of the Parties.3. Exceptionally, classified information from one Party which is accessible to only specific competent officials, organs or services of that Party may, for operational reasons, be addressed and be accessible to only specific officials, organs or services of the other Party specifically designated as recipients, taking into account their competences and according to the need-to-know principle. As far as the EU is concerned, such information shall be transmitted through the Chief Registry Officer of the Council, or the Chief Registry Officer of the European Commission Security Directorate when such information is addressed to the European Commission.Article 10Visits to facilities and establishments of the PartiesWhen required, the Parties shall confirm personnel security clearances through mutually agreed channels for visits by representatives of one Party to facilities and establishments of the other Party.Article 11Reciprocal security visitsImplementation of the security requirements set out in this Agreement may be verified through reciprocal visits by security personnel of the Parties with a view to evaluating the effectiveness of measures taken under this Agreement and the technical security arrangement to be established pursuant to Article 13 to protect classified information provided or exchanged between the Parties. Accordingly, security representatives of each Party, after prior consultation, may be permitted to visit the other Party and to discuss and observe the implementing procedures of the other Party. The host Party shall assist the visiting security representatives in determining whether classified information received from the visiting Party is being protected adequately.Article 12Oversight1. For the USG, the Secretaries of State and Defense and the Director of National Intelligence shall oversee the implementation of this Agreement.2. For the EU, the Secretary-General of the Council and the Member of the Commission responsible for security matters shall oversee the implementation of this Agreement.Article 13Technical security arrangement1. In order to implement this Agreement, a technical security arrangement shall be established among the three authorities designated in paragraphs 2 to 4 in order to lay down the standards for the reciprocal security protection of classified information provided or exchanged between the Parties under this Agreement.2. The U.S. Department of State, acting in the name of the USG and under its authority, shall be responsible for developing the technical security arrangement mentioned in paragraph 1 for the protection and safeguarding of classified information provided to or exchanged with the USG under this Agreement.3. The Security Office of the General Secretariat of the Council, under the direction and on behalf of the Secretary-General of the Council, acting in the name of the Council and under its authority, shall be responsible for developing the technical security arrangement mentioned in paragraph 1 for the protection and safeguarding of classified information provided to or exchanged with the Council or the General Secretariat of the Council under this Agreement.4. The European Commission Security Directorate, acting under the authority of the Member of the Commission responsible for security matters, shall be responsible for developing the technical security arrangement mentioned in paragraph 1 for the protection of classified information provided or exchanged under this Agreement with the European Commission.5. For the EU, the arrangement shall be subject to approval by the Council Security Committee.Article 14Downgrading and declassification1. The Parties agree that classified information should be downgraded in classification as soon as information ceases to require that higher degree of protection or should be declassified as soon as the information no longer requires protection against unauthorised disclosure.2. The releasing Party has complete discretion concerning downgrading or declassification of its own classified information. The recipient Party shall not downgrade the security classification or declassify classified information received from the other Party, notwithstanding any apparent declassification instructions on the document, without the prior written consent of the releasing Party.Article 15Loss or compromiseThe releasing Party shall be informed upon discovery of any proven or suspected loss or compromise of its classified information, and the recipient Party shall initiate an investigation to determine the circumstances. The results of the investigation and information regarding measures taken to prevent recurrence shall be forwarded to the releasing Party. The authorities referred to in Article 13 may establish procedures to that effect.Article 16Dispute settlementAny differences between the Parties arising under or relating to this Agreement shall be settled solely through consultations between the Parties.Article 17CostsEach Party shall be responsible for bearing its own costs incurred in implementing this Agreement.Article 18Ability to protectPrior to the provision or exchange of classified information between the Parties, the responsible security authorities referred to in Article 12 must agree that the recipient Party is able to protect and safeguard the information subject to this Agreement in a way consistent with the technical security arrangement to be established pursuant to Article 13.Article 19Other agreementsNothing in this Agreement shall alter existing agreements or arrangements between the Parties, nor agreements between the USG and Member States of the European Union. This Agreement shall not preclude the Parties from concluding other Agreements relating to the provision or exchange of classified information subject to this Agreement provided they are not incompatible with the obligations under this Agreement.Article 20Entry into force, amendment and denunciation1. This Agreement shall enter into force on the date of the last signature by the Parties.2. Each Party shall notify the other Party of any changes in its laws and regulations that could affect the protection of classified information referred to in this Agreement. In such cases, the Parties shall consult with a view to amending this Agreement as necessary in accordance with paragraph 3.3. Amendments to the present Agreement shall be made by mutual written agreement of the Parties.4. Either Party may denounce this Agreement by notifying the other Party, in writing, ninety days in advance of its intention to denounce the Agreement. Notwithstanding the denunciation of this Agreement, all classified information provided pursuant to this Agreement shall continue to be protected in accordance with this Agreement. The Parties shall consult immediately on the disposition of such classified information.IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Authorities, have signed this Agreement.Done at Washington this thirtieth day of April 2007 in two copies, each in the English language.For the European Union+++++ TIFF +++++For the Government of the United States of America+++++ TIFF +++++--------------------------------------------------

Summary: Agreements on the security of classified information Agreements on the security of classified information SUMMARY OF: Agreements on security procedures for exchanging and protecting classified information between the EU and the United Kingdom, Canada, Moldova, Georgia, Albania, Serbia, Australia, Liechtenstein, Russia, Israel, United States, Iceland, Switzerland, Ukraine, former Yugoslav Republic of Macedonia, Norway and Bosnia and Herzegovina Decisions concerning the signing and conclusion of these Agreements with United Kingdom, Canada, Moldova, Georgia, Albania, Serbia, Australia, Liechtenstein, Russia, Israel, United States, Iceland, Switzerland, Ukraine, former Yugoslav Republic of Macedonia, Norway and Bosnia and Herzegovina WHAT IS THE AIM OF THE AGREEMENTS AND OF THE DECISIONS? The agreements between the European Union (EU) and various countries aim to strengthen the security and safety of their respective citizens through the sharing of classified information and putting in place mechanisms to ensure that the information remains secure. For each agreement there is an associated decision to approve it on behalf of the EU. KEY POINTS The parties agree to develop cooperation on security and sharing classified information. They recognise that effective cooperation requires access to this information, and that this type of exchange requires appropriate security measures. The agreements provides a legal framework where one party provides classified information to the other, but they do not oblige either party to provide such information. Classified information is defined as: any information or material whose loss or unauthorised disclosure could damage or harm the interests of each party or one or more EU countries; and is designated with a security classification as provided for in the agreement. The agreements applies to the following EU institutions and bodies: the European Council, the Council of the European Union, the High Representative of the Union for Foreign Affairs and Security Policy, the European External Action Service and the European Commission. Protection of classified information Each of the parties must protect classified information provided by or exchanged with the other party to a level at least equivalent to that afforded by the party providing it. All persons with access to classified information must have appropriate security clearance, based on loyalty, trustworthiness and reliability. There are restrictions on how classified information is used, accessed and disclosed. Decision 2013/488/EU (see summary) covers security rules for protecting EU classified information. Other features These include: a commitment to provide mutual assistance in relation to keeping classified information secure; procedures on how classified information is shared; designation of who is responsible on each side for overseeing implementation of the agreement; the responsibilities of each party in the event of loss or unauthorised disclosure of classified information; dispute resolution; how the agreement will enter into force, including how it can be amended or terminated. FROM WHEN DO THE AGREEMENTS AND DECISIONS ENTER INTO FORCE? They enter into force as follows: Country Decision Agreement United Kingdom 29 April 2021 1 January 2021 Canada 29 May 2017 Not yet in force Moldova 27 March 2017 Not yet in force Georgia 15 March 2016 Not yet in force Albania 15 January 2016 Not yet in force Serbia 22 November 2010 Not yet in force Australia 30 November 2009 Not yet in force Liechtenstein 14 June 2010 Not yet in force Russia 17 November 2009 Not yet in force Israel 16 March 2009 Not yet in force US 23 April 2007 30 April 2007 Iceland 21 November 2005 1 March 2007 Switzerland 24 June 2005 1 June 2008 Ukraine 13 June 2005 1 February 2007 North Macedonia 24 January 2005 1 August 2005 Norway 26 July 2004 1 December 2004 Bosnia and Herzegovina 26 July 2004 1 May 2006 BACKGROUND For more information, see: Protection of European Union classified information (EUCI) (European Council and the Council of the EU). MAIN DOCUMENTS Council Decision (EU) 2021/689 of 29 April 2021 on the conclusion, on behalf of the Union, of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, and of the Agreement between the European Union and the United Kingdom of Great Britain and Northern Ireland concerning security procedures for exchanging and protecting classified information (OJ L 149, 30.4.2021, pp. 2-9) Agreement between the European Union and the United Kingdom of Great Britain and Northern Ireland concerning security procedures for exchanging and protecting classified information (OJ L 149, 30.4.2021, pp. 2540-2548) Council Decision (CFSP) 2017/2322 of 29 May 2017 concerning the signing and conclusion of the Agreement between Canada and the European Union on security procedures for exchanging and protecting classified information (OJ L 333, 15.12.2017, p. 1) Agreement between Canada and the European Union on security procedures for exchanging and protecting classified information (OJ L 333, 15.12.2017, pp. 2-7) Council Decision (CFSP) 2017/718 of 27 March 2017 concerning the signing and conclusion of the Agreement between the European Union and the Republic of Moldova on security procedures for exchanging and protecting classified information (OJ L 106, 22.4.2017, pp. 1-2) Agreement between the European Union and the Republic of Moldova on security procedures for exchanging and protecting classified information (OJ L 106, 22.4.2017, pp. 3-7) Successive amendments to the agreement have been incorporated into the original document. This consolidated version is of documentary value only. Council Decision (EU) 2016/1946 of 15 March 2016 concerning the signing and conclusion of the Agreement between the European Union and Georgia on security procedures for exchanging and protecting classified information (OJ L 300, 8.11.2016, pp. 1-2) Agreement between Georgia and the European Union on security procedures for exchanging and protecting classified information (OJ L 300, 8.11.2016, pp. 3-7) Council Decision (EU) 2016/402 of 15 January 2016 concerning the signing and conclusion of the Agreement between the Council of Ministers of the Republic of Albania and the European Union on security procedures for exchanging and protecting classified information (OJ L 74, 19.3.2016, pp. 1-2) Agreement between the Council of Ministers of the Republic of Albania and the European Union on security procedures for exchanging and protecting classified information (OJ L 74, 19.3.2016, pp. 3-7) Council Decision 2011/514/CFSP of 22 November 2010 concerning the signing and conclusion of the Agreement between the European Union and the Republic of Serbia on security procedures for exchanging and protecting classified information (OJ L 216, 23.8.2011, p. 1) Agreement between the European Union and the Republic of Serbia on security procedures for exchanging and protecting classified information (OJ L 216, 23.8.2011, pp. 2-4) Council Decision 2010/53/CFSP of 30 November 2009 concerning the conclusion of the Agreement between Australia and the European Union on the security of classified information (OJ L 26, 30.1.2010, p. 30) Agreement between Australia and the European Union on the security of classified information (OJ L 26, 30.1.2010, pp. 31-35) Council Decision 2010/404/CFSP of 14 June 2010 concerning the signing and conclusion of the Agreement between the European Union and the Principality of Liechtenstein on security procedures for exchanging classified information (OJ L 187, 21.7.2010, p. 1) Agreement between the European Union and the Principality of Liechtenstein on security procedures for exchanging classified information (OJ L 187, 21.7.2010, pp. 2-4) Council Decision 2010/348/EC of 17 November 2009 concerning the conclusion of the Agreement between the Government of the Russian Federation and the European Union on the protection of classified information (OJ L 155, 22.6.2010, p. 56) Agreement between the Government of the Russian Federation and the European Union on the protection of classified information (OJ L 155, 22.6.2010, pp. 57-60) Council Decision 2009/558/CFSP of 16 March 2009 concerning the conclusion of the Agreement on security procedures for exchanging classified information between the European Union and Israel (OJ L 192, 24.7.2009, p. 63-63) Agreement on security procedures for exchanging classified information between the European Union and Israel (OJ L 192, 24.7.2009, pp. 64-67) Council Decision 2007/274/JHA of 23 April 2007 concerning the conclusion of the Agreement between the European Union and the Government of the United States of America on the security of classified information (OJ L 115, 3.5.2007, p. 29) Agreement between the European Union and the government of the United States of America on the security of classified information (OJ L 115, 3.5.2007, pp. 30-34) Council Decision 2006/467/CFSP of 21 November 2005 concerning the conclusion of the Agreement between the European Union and the Republic of Iceland on security procedures for the exchange of classified information (OJ L 184, 6.7.2006, p. 34) Agreement between the Republic of Iceland and the European Union on security procedures for the exchange of classified information (OJ L 184, 6.7.2006, pp. 35-37) Council Decision 2008/568/CFSP of 24 June 2005 concerning the conclusion of the Agreement between the European Union and the Swiss Confederation on security procedures for the exchange of classified information (OJ L 181, 10.7.2008, p. 57) Agreement between the Swiss Confederation and the European Union on the security procedures for the exchange of classified information (OJ L 181, 10.7.2008, pp. 58-61) Council Decision 2005/481/CFSP of 13 June 2005 concerning the conclusion of the Agreement between the European Union and Ukraine on the security procedures for the exchange of classified information (OJ L 172, 5.7.2005, p. 83) Agreement between Ukraine and the European Union on the security procedures for the exchange of classified information (OJ L 172, 5.7.2005, pp. 84-86) Council Decision 2005/296/CFSP, JHA of 24 January 2005 concerning the conclusion of the Agreement between the European Union and the former Yugoslav Republic of Macedonia on the security procedures for the exchange of classified information (OJ L 94, 13.4.2005, p. 38) Agreement between the former Yugoslav Republic of Macedonia and the European Union on the security procedures for the exchange of classified information (OJ L 94, 13.4.2005, pp. 39-44) Council Decision 2004/843/CFSP of 26 July 2004 concerning the conclusion of the Agreement between the European Union and the Kingdom of Norway on security procedures for the exchange of classified information (OJ L 362, 9.12.2004, p. 28) Agreement between the Kingdom of Norway and the European Union on security procedures for the exchange of classified information (OJ L 362, 9.12.2004, pp. 29-32) Council Decision 2004/731/EC of 26 July 2004 concerning the conclusion of the Agreement between the European Union and Bosnia and Herzegovina on security procedures for the exchange of classified information (OJ L 324, 27.10.2004, p. 15) Agreement between Bosnia and Herzegovina and the European Union on security procedures for the exchange of classified information (OJ L 324, 27.10.2004, pp. 16-19) RELATED DOCUMENTS Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information (OJ L 274, 15.10.2013, pp. 1-50) See consolidated version. last update 10.06.2021