17 FEBRUARY 2002. - An Act to Accredit the following Treaties:

1. Convention relative à la construction et à l'exploitation d'une Installation européenne deradi synchrotron, et Annexes, faits à Paris le 16 décembre 1988
2. Convention between the Kingdom of Belgium and the Kingdom of the Netherlands concerning their joint participation in the European Institute of Synchrotron Radiation and its execution modalities, and Exchange of letters, signed in Brussels on 12 November 1990
3. Protocol of accession of the Kingdom of the Netherlands to the Convention of 16 December 1988 concerning the construction and operation of a European Synchrotron Radiation Facility, and Annex, made in Paris on 9 December 1991 (1) (2)
ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constution.
Art. 2. The Convention on the Construction and Operation of a European Synchrotron Radiation Facility, and Annexes I^re, II, III and IV, made in Paris on 16 December 1988, will come out their full effect.
Art. 3. The Convention between the Kingdom of Belgium and the Kingdom of the Netherlands concerning their joint participation in the European Institute of Synchrotron Radiation and its execution modalities, and the Exchange of Letters, signed in Brussels on 12 November 1990, will come out their full and full effect.
Art. 4. The Protocol of Accession of the Kingdom of the Netherlands to the Convention of 16 December 1988 on the Construction and Operation of a European Synchrotron Radiation Facility, and Annex I^re, made in Paris on 9 December 1991, will come out their full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 17 February 2002.
ALBERT
By the King:
Minister of Foreign Affairs,
L. MICHEL
Minister of Scientific Research,
Ch. PICQUE
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN

Notes
(1) Session 2000-2001.
Senate:
Documents. - Bill tabled on 31 July 2001, No. 2-884/1.
Session 2001-2002:
Documents. - Report made on behalf of the commission, No. 2-884/2.
Annales parliamentarians. - Discussion, meeting of 13 November 2001. - Vote, meeting of 13 November 2001.
Chamber:
Documents. - Project transmitted by the Senate, No. 50-1538/1. - Text adopted in plenary and subject to Royal Assent, No. 50-1538/2.
Annales parliamentarians. - Discussion, meeting of December 18, 2001. - Vote, meeting of 20 December 2001.
(2) See also the Decree of the French Community of 15 November 2001 (Moniteur belge of 4 December 2001), the Decree of the Flemish Community/ Flemish Region of 7 May 2004 (Moniteur belge du 4 décembre 2001), the Decree of the German-speaking Community of 19 March 2001 (Moniteur belge du 11 mai 2001).

Convention relative à la construction et à l'exploitation d'une installation européenne de radiation synchrotron
The Government of the Federal Republic of Germany,
The Government of the Kingdom of Belgium,
The Government of the Kingdom of Denmark,
The Government of the Kingdom of Spain,
The Government of the Republic of Finland,
The Government of the French Republic,
The Government of the United Kingdom of Great Britain and Northern Ireland,
The Government of the Italian Republic,
The Government of the Kingdom of Norway,
The Government of the Kingdom of Sweden,
The Government of the Swiss Confederation,
The Governments of the Kingdom of Denmark, the Republic of Finland, the Kingdom of Norway and the Kingdom of Sweden will act jointly as a "contracting Party", as follows:
Desiring to further consolidate Europe's position in global research and intensify scientific cooperation between disciplines and across national borders,
Recognizing that synchrotron radiation will in the future be of great importance in different areas and also in industrial applications,
Hopeful that other European countries will participate in the activities they propose to undertake together under this Convention,
Building on the fruitful cooperation between European scientists within the framework of the European Foundation for Science, and on the preparatory work carried out under its auspices, and pursuant to the Agreement signed in Brussels on 10 December 1985, and taking into account the Protocol of 22 December 1987,
Having decided to promote the construction and operation of a European Synchrotron Radiation Facility containing a source of high-performance X-rays, to be used by their scientific communities,
agreed that:
Article 1^er
Installation creation
The construction and operation of the Synchrotron European Radiation Facility shall be entrusted to a civil society referred to as the "Société" under French law, subject to the special provisions of this Convention and the Statutes annexed to it. The Society undertakes only activities for peaceful purposes. The members of the Corporation, referred to as "Members", are the appropriate bodies designated for this purpose by each Contracting Party.
Article 2
Name and seat
The Company has the name "European Installation of Synchrotron Raying" (European Synchrotron Radiation Facility) and its head office is established in Grenoble.
Article 3
Organs
1. The bodies of the Corporation are the Council and the Director General.
2. Delegates to the Council shall be appointed and revoked in accordance with a procedure to be determined by each Contracting Party concerned. This procedure must be such that the Council can act as a general meeting of the Members of the Society. Each Contracting Party shall make the necessary arrangements to inform the secretariat of the Council in writing of any appointment or revocation.
3. The Corporation has as its Director General an eminent scientist appointed by the Council.
Article 4
Circulation of individuals and scientific equipment
1. Subject to the requirements of public order and security, each Contracting Party undertakes, within its jurisdiction, to facilitate the movement and stay of nationals of the Contracting Parties employed by the Corporation or seconded to it, or to conduct research using the facilities of the Corporation.
2. Each Contracting Party shall, within its jurisdiction, facilitate the issuance of the necessary transit documents for the temporary importation of scientific equipment and samples to be used in research using the Corporation's facilities.
Article 5
Financing
1. Each Contracting Party undertakes to make available to Members of which it is responsible an annual subsidy covering their contributions to the expenses of the Corporation.
2. The construction costs, as defined in paragraph 3 below, cover an installation with thirty light lines, the technical specifications expected are set out in Appendix 2. The construction period is divided into two phases. During Phase 1, the Corporation built and commissioned the synchrotron radiation source and at least seven light lines. During Phase 2, the Corporation operates the source and gradually puts into service the other light lines. Phase 1 shall normally not exceed six and a half years from the start date of construction. It shall terminate the date decided by the Commission with reference to the objectives of which the technical specifications are set out in annex 2 or the date on which the construction cost ceiling specified in paragraph 4 (a) below has been met if the first time. Phase 2 shall normally extend over four and a half years from the end of Phase 1.
3. The "construction costs" are the sum of:
(a) all expenditures in Phase 1;
(b) the portion of the expenditures set out in Phase 2 that are due to the completion of the commissioning of the source, the construction of the complementary light lines and the corresponding modification of the justice system.
4. Construction costs shall not exceed, in reference price to 1^er January 1987:
(a) during phase 1: 2.2 billion French francs;
(b) during phase 2: 400 vintages of French francs.
5. A table showing the estimated annual expenditure distribution is attached as annex 3.
6. The Commission shall, at least once a year, review the construction costs. If it appears to the Commission at any time that the source and the light lines may not be satisfactorily completed and taking into account the cost limits set out in paragraph 4 below, and the expected specifications set out in annex 2, then the Commission determines, after the Director General's advice, the measures to limit costs to ensure that these limits will not be exceeded.
7. In exceptional circumstances, the Commission, by unanimous decision, may approve a change in construction costs.
Article 6
Contributions
1. The French Contracting Party shall make available to the Corporation, free of all charges and ready to receive the construction, the site of Grenoble delimited on the plan annexed to 4.
2. Members contribute to construction costs, T.V.A., excluding, as follows:
34 per cent for members of the French Republic (prepared 10 per cent website);
24% for Members of the Federal Republic of Germany;
14.5 per cent for members of the Italian Republic;
12.5 per cent for Members of the United Kingdom;
4% for Members of the Kingdom of Spain;
4% for Members of the Kingdom of Denmark, the Republic of Finland, the Kingdom of Norway and the Kingdom of Sweden;
4% for members of the Swiss Confederation;
3% for Members of the Kingdom of Belgium.
Increases in contributions from Contracting Parties or contributions from Governments acceding to this Convention in accordance with Article 12 shall be allocated, in the amount proportional to their contribution from the moment to the reduction of contributions from Members of each Contracting Party to a contribution of more than 4%, as the site premium of 10% is not taken into account.
3. Members contribute to operating expenses, excluding VAT, as follows:
28.5 per cent for the Members of the French Republic (site award of 2 per cent included);
26.5% for members of the Federal Republic of Germany;
15% for members of the Italian Republic;
14 per cent for Members of the United Kingdom;
4% for Members of the Kingdom of Spain;
4% for Members of the Kingdom of Denmark, the Republic of Finland, the Kingdom of Norway and the Kingdom of Sweden;
4% for members of the Swiss Confederation;
4% for Members of the Kingdom of Belgium.
The increases in contributions from the Contracting Parties or the contributions of the Governments acceding to this Convention in accordance with Article 12 shall be allocated to the equal reduction of the contributions of the French Members up to 26% and of the German Members up to 25% and, where these levels have been achieved, to the reduction of the contribution of the members of each Contracting Party in an amount proportion to their contribution of the moment, without the contribution of the Members to become equal.
4. If it appears to the Council that there is a lasting and significant imbalance between the percentage of use of the installation by the scientific community of a Contracting Party and the contribution of the Members of that Party, then the Council may adopt measures to limit this use of the facility, unless the Contracting Parties agree to an appropriate adjustment of the contribution rates as defined in paragraph 3 above.
Article 7
Taxes
1. The Corporation is subject to the value added tax in France. The contributions of Members whose headquarters are outside France are not subject to the value added tax in France. This exemption does not result in a reduction in the Corporation's deduction right.
2. Goods imported from third countries by the Corporation are exempted from customs duties, in accordance with the regulations of the European Communities.
Article 8
Arrangements with other users
Arrangements for the long-term use of radiation synchrotron by governments or groups of governments not members of this Convention, or by their institutions or organizations may be concluded by the Corporation with the unanimous agreement of its Council.
Article 9
School
1. The French Contracting Party progressively installs and operates one or more schools providing children other than French with a suitable free education, enabling them to be reintegrated into the educational system of their country of origin.
2. To this end, other interested Contracting Parties will have the opportunity to make non-French teachers available to the French Contracting Party.
3. If the Council decides that the above provisions do not sufficiently reflect the needs of children other than French, the Contracting Parties shall take the necessary measures to find a fully satisfactory alternative.
Article 10
Litigation
1. The Contracting Parties shall endeavour to resolve by negotiation any dispute relating to the interpretation or application of this Convention.
2. If the Contracting Parties cannot reach an agreement on the settlement of a dispute, each Contracting Party concerned may submit it to the decision of an arbitral tribunal.
3. Each party in dispute appoints an arbitrator. However, if the dispute arises between a Contracting Party and two or more other Contracting Parties, the Contracting Parties shall jointly choose an arbitrator. Arbitrators so appointed shall choose a national superjudicator from a State other than the States of Contracting Parties in dispute to perform the functions of superarbitrator and president of the arbitral tribunal; the latter shall have, in the event of the sharing of the votes of the arbitrators of a preponderant voice. Arbitrators must be appointed within two months from the date of filing the application for settlement by arbitration, the President within three months of that date.
4. If the deadlines set out in the preceding paragraph are not observed and in the absence of another arrangement, each party in dispute may request the President of the Court of Justice of the European Communities to make the necessary appointments.
5. The arbitral tribunal shall make its decisions by a simple majority.
6. The arbitral tribunal shall make its decisions on the basis of the provisions of article 38, paragraph 1, of the Statute of the International Court of Justice. Its decisions bind the parties.
7. The arbitral tribunal shall establish its rules of procedure in accordance with the terms set out in Chapter III of Title VI of the Convention for the Peaceful Settlement of International Conflicts signed in The Hague on 18 October 1907.
8. Each party to the dispute shall bear its own costs and equal share of the costs of arbitral proceedings.
9. The provisions of this Article, with the exception of those mentioned in paragraph 6 above, shall also apply where disputes arise between Members with respect to the activities of the Corporation and shall be submitted to Contracting Parties under Article 26 of the Statutes. The court deliberates on the basis of the legal rules applicable to the dispute.
Article 11
Entry into force
1. This Convention comes into force one month after all signatory governments have notified the Government of the French Republic that the necessary constitutional procedures have been completed, or two months after signatory governments, financially supporting at least 80% of the construction costs as specified in Article 5, have notified the Government of the French Republic that they have decided to bring the Convention into force between them.
2. The Government of the French Republic shall immediately inform all signatory governments of the date of each notification referred to in the above paragraph and the date of entry into force of this Convention.
3. Before this Convention comes into force, each Contracting Party may implement the provisions of Articles 1^er and 3 to appoint members of the Corporation and their delegates to the Council.
Article 12
Access
Following the entry into force of this Convention, any government or group of governments acting jointly may accede to this Convention with the consent of all Contracting Parties. The conditions for such accession are subject to an agreement between the Contracting Parties and the Government or group of Governments requesting accession.
Article 13
Duration
1. This Convention shall be concluded for an initial period ending 31 December 2007 and shall remain in force after that date. It may be denounced on a three-year notice, prior notice to the Government of the French Republic. A withdrawal may take effect only as of December 31, 2007 or at the end of each successive three-year period.
2. The conditions and effects of the withdrawal or expiry of the Convention, in particular with respect to the costs of dismantling the Corporation's establishment and buildings and compensation for any losses, shall be settled by agreement between the Contracting Parties before such withdrawal or expiry of the Convention.
In faith, undersigned representatives, duly authorized to do so by their respective Governments, have signed this Convention.
Done in Paris, on 16 December 1988 in French, English, German, Italian, Spanish, Dutch, all texts being equally authentic, in a single original which is deposited in the archives of the Government of the French Republic, which transmits a certified copy to all Contracting Parties and all adherent Governments and will then notify them of all amendments to the Convention.

Annex 1^re to the Convention
Regulations of the European Radiation Installation Synchrotron Civil Society
The undersigned
National Centre for Scientific Research
15 Quai Anatole France, F-75700 Paris
represented by the Director General
Office of the Commissioner for Atomic Energy
31-33 rue de la Fédération, F-75752 Paris Cedex 15
by the Director-General
Kernforschungsanlage Jülich GmbH
Postfach 1913, D-5170 Julich
represented by its Board of Directors
The Consiglio Nazionale delle Ricerche
Piazzale Aldo Moro 7, I-00185 Roma
represented by the President
The "Istituto Nazionale di Fisica Nucleare"
Casella postale 56, I-00044 Frascati
represented by the President
Consorzio Interuniversitario Nazionale per la Fisica della Materia
Via Dodecaneso 33, I-16146 Genova
represented by the Director
The NORDSYNC Consortium formed by:
« Statens Naturvidenskabelige Forskningsrad »
Holmens Kanal 7, DK-1060 Kobenhavn K. Denmark
represented by the President
Suomen Akatemia
PL 57, SF-00551 Helsinki, Finland
represented by the President
Norges Allmennvitenskapelige Forskningsrad
Sandakerveien 99, N-0483 Oslo, Norway
represented by the Director
Naturvetenskapliga Forskningsradet
Box 6711, S-113 85 Stockholm, Sweden
represented by the Secretary-General
The Kingdom of Spain, represented by the president of the "Comisión Interministerial de Ciencia y Tecnologia"
Rosario Pino 14-16, E-28020 Madrid
Swiss Confederation, represented by the Director of the Federal Office of Education and Science
PO Box 2732, CH-3001 Bern
The Science and Engineering Research Council, represented by its President
Polaris House, UK Swindon SN 2 1 ET
The Kingdom of Belgium, represented by the Secretary-General of Science Policy Programming Services
Rue de la Science, 8, B-1040 Brussels
below referred to as the "Members",
Noting that the four Nordic organizations have formed a NORDSYNC Consortium for their participation in society, and that, although they have all signed the present statutes, only the NORDSYNC Consortium, represented by Statens Naturvidenskabelige Forskningsrad, is a member of the Society.
Referring to the Convention, below designated by "the Convention" relating to the construction and operation of a European Synchrotron Radiation Facility signed in Paris on 16 December 1988 between the Contracting Parties defined in the preamble to the Convention and below referred to as "the Contracting Parties",
Agree to establish a civil society referred to in articles 1832 to 1873 of the French Civil Code referred to below as "The Corporation" to be governed by the Convention and these Regulations.
CHAPTER I^er. - General provisions
Article 1^er
Name and seat
1. The company's name is "European Synchrotron Raying Facility Installation" (European Synchrotron Radiation Facility ESRF).
2. The Company has its head office avenue des Martyrs, Grenoble, France.
Article 2
Subject
The purpose of the Corporation is, in accordance with the Convention:
(a) to study, build, operate and develop a synchrotron radiation source and its associated devices for the use of the scientific communities of the Contracting Parties,
(b) promote the use of the installation by the scientific communities of the Contracting Parties,
(c) establish and carry out scientific research programmes using synchrotron radiation,
(d) perform all necessary research and development in the techniques using synchrotron radiation,
(e) to perform the tasks related to the achievement of these objectives.
CHAPTER II. - Administration of the Corporation
Article 3
Organs of the Corporation
The bodies of the Society are the Council and the Director General
Article 4
The Council
1. Delegates to the Council shall be appointed and revoked in accordance with the rules established by each Contracting Party concerned in accordance with Article 3 of the Convention. The Council shall constitute the Assembly of Members of the Society provided for in Article 1853 of the French Civil Code.
2. The Council shall establish its own rules of operation in accordance with the provisions of the Convention and these statutes.
3. Each Contracting Party shall designate a delegation of not more than three delegates to the Council.
4. Delegates may be assisted by experts in accordance with the Commission's operating rules.
Article 5
President and Vice-President of the Council
The Council shall elect a President and Vice-President for a period not exceeding two years. The Chairman and the Vice-Chair should be from different delegations.
Article 6
Secretariat of the Council
The Commission shall designate, with the approval of the Director General, a Secretary selected from the officers of the Corporation.
Article 7
Meetings of the Council
1. The Council meets at least twice a year.
2. Council meetings are not public. Unless the Council decides otherwise, the Director-General and the Chairs of the Committees appointed by the Council may attend meetings without the right to vote.
Article 8
Credentials
1. The Council decides on important issues relating to the general policy of the Corporation. It may provide guidance to the Director-General.
2. The following points require the unanimous approval of the Commission:
(a) the admission of new Members,
(b) arrangements under Article 8 of the Convention,
(c) transfers of shares between Members of different Contracting Parties and capital increases,
(d) the rules of operation of the Council,
(e) financial rules,
(f) the amendment of these Regulations,
(g) the construction cost increases established in Article 5 of the Convention.
3. The following points require the Commission's approval by qualified majority:
(a) the election of the President and Vice-President,
(b) the medium-term scientific programme,
(c) the annual budget and medium-term financial projections,
(d) the annual accounts,
(e) the appointment and revocation of the Director-General and Directors,
(f) the establishment and responsibilities of Advisory Committees and other Committees, including the Administrative and Financial Committee,
(g) the appointment of the Chairperson and Vice-Chairman of each Advisory Committee or other Committee,
(h) the powers and rules of operation of the Audit Committee,
(i) the allocation of beam time,
(j) short- or medium-term arrangements for the use of SRF by national or international scientific organizations,
(k) the "Company Convention" (Social Agreement on Staff Working Conditions).
4. The Council makes its decisions by a simple majority on the other issues.
Article 9
Voting procedure
1. Each Contracting Party shall have only one indivisible right of vote, exercised by the delegate designated for that purpose by the Members concerned.
2. A "single majority" means half of the capital, the number of unfavourable votes not exceeding half of the Contracting Parties.
3. A "qualified majority" means two thirds (2/3) of the capital, the number of unfavourable votes not exceeding half of the Contracting Parties.
4. "unanimity" means at least two thirds (2/3) of the capital, without a vote contrary to any Contracting Party, all Contracting Parties having the opportunity to vote.
5. In the event of an emergency or at the request of any delegation, the President shall submit an urgent proposal for a decision of the Council, by consulting individual delegates by correspondence. The proposal will be approved if the majority of the required delegations agree in writing. However, if a delegate makes an immediate request, the matter will be postponed to the next meeting of the Council.
Article 10
Director-General
1. The Director General is responsible for the management of the Corporation and its legal representation. The Director General is assisted by the Directors. The Director General closely associates the Director-General with all areas of his office.
2. The Director General and, after consultation with the Director General, the Directors shall be appointed by the Board for a maximum period of five years. Their contracts of work must be approved by the Council and signed by the President of the Council on behalf of the Corporation.
Article 11
Financial reports and procedures
1. The Corporation's fiscal year is the calendar year.
2. The Director-General shall regularly submit to the Council:
(a) an annual report on the activities of the Corporation,
(b) the accounts of the previous fiscal year including a report on the geographical distribution of contracts,
(c) a forecast table of expenditures for the current fiscal year and a current cash position of the Corporation,
(d) a budget proposal and staffing plan for the coming fiscal year in accordance with the financial rules,
(e) a scientific program and a medium-term financial and staffing plan.
Article 12
Staff
1. Staff employed by the Corporation shall be paid a salary commensurate with that of the French Comissariat officers for atomic energy, in addition to the applicable expatriation allowances and other allowances similar to those existing at the Max von Laue Paul Langevin Institute. During the construction period, the Commission may authorize additional allowances for exceptional individual cases. Organizations that have signed these Regulations may also detach the Staff Corporation employed by them.
2. Scientists participating in the experimental program may not be employed by, or detached from, the Corporation for a period exceeding five years, unless the Commission decides otherwise.
3. Other highly qualified staff may be exceptionally engaged for a limited period of time.
4. The detachment of staff is governed by a contract between the Corporation and the agency detaching staff. This contract must, in particular, stipulate that seconded personnel are subject to the rules of the Society governing discipline, safety and security.
5. In addition, the Corporation may receive invited researchers proposed or not by Members; these researchers are also subject to the rules of the Society governing discipline, safety and security. The reception of each of these researchers is subject to a written agreement with the Societe.
Article 13
Contracts
1. The Council appoints a Committee of Markets composed of two experts most designated by each Contracting Party.
2. The procedure for awarding contracts of more than 300,000 French francs, or any other amount decided by the Commission, will be as follows:
(a) decisions relating to the award of contracts will be taken only after evaluation of competitive bids, including, as a general rule, at least three suppliers installed in the territory of the Contracting Parties. Members of the Committee on Markets are informed of upcoming tenders and can offer suppliers who are invited to make offers.
(b) contracts are awarded to the supplier who has submitted the best offer in terms of technical requirements and deadlines.
3. No contract valued at more than 3 million French francs, or any other amount decided by the Commission, is awarded without the prior agreement of the Commission des Marchés. No contract valued at more than 30 million French francs, or any other amount decided by the Commission, is awarded without the Council's prior agreement itself.
4. In exceptional cases, the Council may authorize an exemption from the previous procedure. The Director-General must report regularly to the Markets Commission and the Council on the distribution of contracts. In the event that a significant imbalance would appear in the value of contracts awarded to the countries of the Contracting Parties in relation to their contributions, the Council must, at the request of any of the Contracting Parties, consider appropriate measures to be implemented by the Committee of Contractors and the Director General, taking into account the principle of a "Just return".
Article 14
Intellectual property
1. The Corporation is the owner of all rights derived from the results obtained by employees employed by the Corporation as part of its activities. If these results are inventions, the Corporation may, on its own behalf, at its own expense and on its sole benefit, proceed with the filing of applications for intellectual property rights in any country where it considers such protection as is necessary.
2. If the Decided not to file a request for such protection in one or more countries, the inventor(s) may, with the agreement of the Corporation, make such requests for such protection on their own behalf, at their own costs and for their own benefit. In this case, the protection from patents that could be granted will not be applicable to the Corporation or its Members.
3. Staff employed by the Corporation who is at the origin of an invention may receive a gratuity whose amount will be determined by the Director General in accordance with the rules adopted by the Commission.
4. Each Member at his or her request is entitled to obtain from the Corporation a licence for research or for other purposes than research. This license is free for the research activities conducted by this Member. For other purposes than research, the licence may be granted more favourable conditions than those granted for licences granted to third parties. Subject to the prior agreement of the Member concerned, the Corporation shall grant to any natural or legal person of the member's country(s) a licence on fair and equitable conditions for purposes other than research, unless the Commission decides that such a licence is not justified.
5. In the case of personnel seconded to the Corporation by a Member, the following provisions are applied:
(a) Subject to the legal provisions applicable to the inventions of employees, the Member of which the seconded staff is the owner of all rights derived from the results obtained only by the researcher as part of his work at the Corporation. If these results are inventions, the Member of which the seconded staff is responsible shall have the right to undertake, in any country, under his or her name, at his or her own expense and for his or her sole benefit in filing the patent applications necessary for the protection of such inventions. With respect to these results, the Corporation and other Members are entitled to free use only for research purposes. Other Members also have a right to license for purposes other than research on conditions that are more favourable than those granted to third parties. In addition, a Member with rights may not refuse to grant a licence for purposes other than research on fair and equitable conditions to any natural or legal person in the Member country or countries at the request of another Member.
(b) The Corporation receives a share of the net income of all licences granted by the owner of the rights for purposes other than research, the said share is determined taking into account the respective contributions to the inventions of the Corporation and the detached person.
(c) For applications for intellectual property rights and licensing, the Corporation and Members consult in cases of doubt and refrain from engaging in any action that could cause damage to the Corporation and its Members.
6. The conditions governing applications for intellectual property rights and the possible granting of the rights to use information and inventions discovered by other detached staff during the detachment period are determined in written contract with that staff or institutions involved. These contracts follow the rules set out in paragraph 5 above. In the case of joint results obtained by a guest researcher and one or more invited researchers from several organizations or with the participation of staff referred to in paragraphs 1^er and 5 above, the provisions applicable to the ownership and use of such results are fixed on a case-by-case basis by the Commission.
7. The principles set out in paragraph 5 above apply to contracts concluded by the Corporation with third parties relating to the conduct of studies, or research and development.
Article 15
Scientific Advisory Committee
1. The Commission appoints a Scientific Advisory Committee. Members of each Contracting Party holding together at least ten per cent (10 per cent) of the capital as defined in Article 18 below may appoint two scientific personalities to that Committee. Members of each Contracting Party holding together less than ten per cent (10 per cent) of the capital as defined in Article 18 below may appoint a scientific personality to that committee. The Commission also designates ten (10) scientific personalities to the Committee, with a view to achieving a coverage of scientific themes satisfactory to the Corporation. Delegates to the Council or other persons designated by it may attend meetings of the Scientific Advisory Committee as observers.
2. After consultation with the Scientific Censultative Committee, the Chair and Vice-Chair of the Committee shall be appointed by the Council in accordance with the procedure laid down in Article 8.
3. At the request of the Council or the Director-General, or at its own initiative, the Scientific Advisory Committee shall give its opinion on the scientific work of its competence.
Article 16
Advisory Committee Machine
1. The Commission appoints the construction period a Machine Advisory Committee consisting of not more than 15 persons.
2. After consultation with the Machine Advisory Committee, the Chairman and Vice-Chair of the Committee shall be appointed by the Council, in accordance with the procedure set out in Article 8.
3. At the request of the Board or the Director General or at its own initiative, the Machine Advisory Committee shall give its opinion on any technical matters of its jurisdiction.
Article 17
Audit
The Corporation's accounts are audited by a professional auditor firm whose designation is approved by the Commission. Their report is submitted to an Audit Committee appointed by the Council. The Audit Committee includes at least one person appointed by each Contracting Party.
CHAPTER III. - Members of the Corporation
Article 18
Capital
Social capital is at least one hundred thousand French francs (100 000 FF), divided into ten thousand (10,000) shares of ten francs (10 FF) each. Members subscribe to the number of shares listed below, based on their contribution to operating expenses:
For the consultation of the table, see image
Article 19
Separations and capital increase
1. The number of shares of the member(s) of a Contracting Party corresponds to its financial contribution to operating expenses. Each Member shall hold at least 4% of the shares.
2. In the event of any change in financial contributions, the member(s) concerned shall transfer the number of shares.
3. The transfer of shares between the Members of the various Contracting Parties and any capital increase require the unanimous approval of the Council. Approval shall be deemed to be acquired in the case of an assignment of all or part of the shares between Members of the same Contracting Party or in the case of an assignment of shares held by a Member to a publicly funded organization dependent on the same Contracting Party.
Rule 20
Admission of new members
1. The Corporation is open to the admission of new Members subject to the unanimous approval of the Council. Approval shall be deemed to be granted in the case of a new Member of a Contracting Party.
2. The admission of a new Member is subject to accession to the Government Convention or to the group of governments it reports to. A new Member must acquire its share of existing Members.
Article 21
Obligations of Members
The capital and current expenses required for the purpose of the Corporations are borne by each Member in accordance with the budget and in the proportions set out in Article 6 of the Convention. When contracts for the supply of goods or services are concluded between the Corporation and some of its Members, the Members concerned undertake to provide goods or services without profit for themselves.
Article 22
Withdrawal
If a Contracting Party withdraws in accordance with Article 13 of the Convention, the Members of the Contractor shall also withdraw from the Corporation and shall be required at the request of the remaining Members to contribute, as appropriate, to the future costs of dismantling the Corporation's facilities and constructions.
CHAPTER IV. - Duration Liquidation Litigation
Article 23
Duration
The Corporation is created for a duration of 99 years. It will, however, be dissolved in the event of an early expiry of the Convention.
Article 24
Company liquidation
1. Members undertake to dismantle all facilities and constructions of the Corporation and to finance the corresponding costs in proportion to their participation in capital at the time of dissolution.
2. During the liquidation, Members are also committed to maintaining the Corporation and to coping with, as a proportion of their participation in capital, the costs associated with the maintenance of the Institution while not being used.
3. Le Conseil décide de la procédure à suivre pour la liquidation.
Rule 25
Applicable law
The French law governs all areas that are not expired by the Convention and these Statutes.
Rule 26
Litigation
1. Members shall, to the extent practicable, endeavour to amicably resolve disputes arising from the interpretation or application of these Statutes.
2. In the event that an amicable settlement cannot be obtained, Members undertake to submit the dispute to Contracting Parties for settlement purposes in accordance with Article 10 of the Convention.
Rule 27
Entry into force
These Regulations come into force upon signature by all Members.
Made in Paris on 16 December 1988 in five originals in French, and in a single original in English, German, Italian, Spanish, Dutch. In case of differences in interpretation, the French version prevails.

Annex 2 to the Convention
Technical specifications expected for phase I
1. A 845 m circumference storage ring with 32 straight sections, each of which leaves an interval of at least 6 m between the quadrupoles.
2. An experimental hall that houses the ring and allows the installation of light lines with a maximum length of 75 m.
3. A 6 Ge V, a current of about 100 mA in operation with several packages and 5 mA with a single package.
4. A lifetime of the stored beam greater than or equal to 8 hours, corresponding to a regular decrease up to a 1/e value of an initial current of approximately 100 mA, and allowing the use of the machine, without interruption for about one workstation. The time devoted to obtaining a beam and looking for satisfactory settings should in principle correspond only to a small part of a workstation.
5. A shine per meter of inverter at least 10¹⁷ photons dry^-1 mrad^-2 mm^-2 for a bandwidth of 0.1%, at a photo energy of 14 keV.
6. A flux emitted by curvature magnets of at least 8 x 10¹² photons dry^-1 mrad^-1 for a bandwidth of 0.1%, to the characteristic energy of these curvature magnets which should be about 19 keV in the central part of these magnets and about 9.5 keV for the X-ray radiation emitted by their end.
7. A beam of X-rays whose position, relative to the light lines, is reproducible from one filling of the ring to another and stable during a workstation with a precision equal to about one tenth of its dimensions.
8. The commissioning of a first set of at least seven light lines after completion of the calibration tests of optical elements and detectors.

Annex 3 to the Convention
Estimated annual expenditures
Millions FF, January 1987 price excluding taxes
For the consultation of the table, see image
Notes:
1. "operational expenses" include current operations, maintenance and investments. Phase II operating costs are estimated at 340 M.F. per year, value at 1^erJanuary 1987.
2. The "construction costs" include a reserve of 153 M.F. for aleas. For the needs of the estimate, this reserve is included prorated in capital expenditures for each year.

Annex 4 to the Convention
Site map
A joint lease for the Company and the Max von Laue Paul Langevin Institute was signed on May 17, 1988.
The hashed part is available to the Society or the Max von Laue Paul Langevin Institute by agreement between the Society and the Institute.
For the consultation of the table, see image

Convention between the Kingdom of Belgium and the Kingdom of the Netherlands concerning their joint participation in the European Installation of Synchrotron Raying and its modalities of execution
The Government of the Kingdom of Belgium
and
The Government of the Kingdom of the Netherlands,
Considering that it is highly desirable, within the framework of a European cooperation that will intensify, to implement bilateral and multilateral initiatives in the areas of research and development for the establishment of major research centres and their participation;
Having regard to the provisions of the Convention on the Construction and Exploitation of a European Synchrotron Radiation Facility and its annexes, signed in Paris on 16 December 1988;
Considering that the Government of the Kingdom of Belgium, by signing this Convention, has made a declaration under which it reserves the possibility to establish with another country a consortium modelled on the Scandinavian countries, in order to associate itself as a consortium with the European installation of synchroton radiation;
Convinced that the joint participation of their two countries in the European synchrotron radiation facility will serve the interests of scientific research and economic activity, both in their two countries and in Western Europe,
agreed that:
Article 1^er
Definitions
For the purposes and interpretation of this Convention, it shall be understood by:
the Convention:
this Convention;
the Contracting Parties:
the Government of the Kingdom of Belgium and the Government of the Kingdom of the Netherlands;
the Corporation:
the civil society of French law having the name "European Installation of Rayonnement Synchrotron", constituted in Paris on 16 December 1988;
ESRF (European Synchrotron Radiation Facility):
the facility whose construction and operation are entrusted to the Corporation;
the ESRF Convention:
the ESRF Installation Convention, signed in Paris on 16 December 1988;
BENESYNC:
the Consortium established by the Contracting Parties for their joint participation in the ESFR facility;
The accompanying committee:
the three delegates designated by the Contracting Parties, to serve on the Council of the Society, to which a fourth delegate will be added to be appointed, so that the two Contracting Parties shall be represented by an equal number of delegates in that Committee.
Article 2
Objective
The Contracting Parties are jointly involved in the construction and operation of the ESRF facility in Grenoble, to promote technical and scientific development in the field of synchrotron radiation and to encourage the use of ESFR by the scientific and industrial sectors of Belgium and the Netherlands.
Article 3
Financial rules
3.1. Distribution
The financial contribution to ESRF is supported by Contracting Parties on the basis of the following distribution key:
The Kingdom of Belgium: 50%
The Kingdom of the Netherlands: 50 per cent
The following provisions are based on the principle that BENESYNC will make its contribution to the construction and operation of the SRF for a percentage of 6%.
3.2. The principle of "just return"
Without prejudice to the provisions below, Contracting Parties shall take appropriate measures to ensure to the extent possible equality between themselves with respect to the "just return" in the control and use of SRF.
If, during the period from 16 December 1988 to 31 December 1993, then during the period 1^er On average, as at 31 December 1998, the ratio of 50 per cent to 50 per cent as defined in paragraph 1^er of this Article, an imbalance between the "returns" returning to the two Contracting Parties in the form of industrial orders, provided that one of the Contracting Parties has made an average return of more than 3%, a compensation regulation shall be concluded between the two Contracting Parties, the calculation of which shall be as follows:
the Contracting Party that has made, on average, the most important "return" during one of the above-mentioned periods will increase its contribution to the SRF, within three years after the said periods, on the basis of one-third of the 10% difference between the "return" rate realized by the said Contracting Party and the 3% of the total construction costs of the SRF for the period concerned.
During the same three years, the other Contracting Party may deduct the corresponding amount when paying its contribution to the SRF.
Identical compensation terms will be applied for the effective "return" in the use of SRF. The calculation will be made after each three-year period, as of 1^er January 1994. For this calculation of compensation related to the use of the SRF, the above-mentioned 10% proposal becomes 33%, out of the total operating costs for the reporting period. The actual payment of the sums concerned will also be distributed by equal portions over three years.
Compensation is capped, so that a Contracting Party will never have to pay, for a compensation period, more than an average rate of 3.3% for construction costs and an average rate of 4% for operating costs. A second ceiling has been provided, which has the effect that compensation will never exceed the difference between 3% and the average "return" realized by the Contracting Party benefiting from the lower "return".
In the event that the total contribution of BENESYNC to ESRF would be increased or reduced by application of the provisions provided for in Article 6, paragraph 4, of the ESRF Convention, Contracting Parties shall apply the compensation rules set for this purpose by adopting proportionately the rates provided for in the increase or reduction concerned, with the exception of the above-mentioned rates of 10% and 33%, which shall be applied in such cases.
Both Contracting Parties may agree to waive their right to such compensation.
3.3 Possibility of revision
Without prejudice to the provisions of Article 2 of this Article, the distribution key provided for in paragraph 1^er of this section will remain applicable until December 31, 2007.
After 31 December 2007, this distribution will be repeated after three-year periods, unless one of the Contracting Parties notify the other Contracting Party by written notification, at least one year before 31 December 2007, or one year before the end of the successive three-year periods, that it wishes to review the said distribution.
If the Contracting Parties fail to agree on the revision of the distribution, the distribution in force on the date of the request for review will be extended for a further three-year period.
3.4 Initial costs at joint accession
Contributions, if any, due to the Corporation at the time of joint membership, of the principal of payments made in the past by the Corporation, will be cleared on the basis of a 50%-50% distribution. Upon payment of these sums, contributions already made by the Kingdom of Belgium will be taken into account on the same basis in calculating the respective contributions of the two Contracting Parties.
3.5 Method of payment
The two Contracting Parties shall each provide for the payment of annual contributions to the Corporation.
3.6 Accountability
In the event of failure to pay the financial contributions due, each Contracting Party shall assume sole responsibility for the amounts due by the Contracting Party.
Article 4
Implementation by the Consortium
4.1. BENESYNC
In their relations with the Society, the Belgian State and the Organisation for Scientific Research of the Netherlands (Nederlandse Organisatie voor Wetenschappelijk Onderzoek NWO) are a Consortium called BENESYNC.
4.2 Presidency of BENESYNC
The Contracting Parties shall designate the delegate who shall be entitled to vote in the Council of the Society in a role to be defined. This delegate will also assume the Presidency of BENESYNC.
4.3 Voting procedures within the Corporation
The position of the BENESYNC delegates in respect of any matter before the vote in the Council and the ESFR Committees should be based on consensus.
Where applicable, the Accompaniment Committee will consult the relevant public services in advance. This consultation will be mandatory when questions requiring unanimity or a special majority are on the agenda.
The Accompaniment Committee makes an annual report of its activities to both Governments.
4.4 Representation on the Board and Boards of the Corporation
Participation in the Council and the committees of the Corporation will be governed by the provisions of the Convention on Belgian-Dutch Joint Participation in ESRF, signed with the members of ESRF, as well as by the statutes of the Corporation.
4.5 Costs of BENESYNC
Each of the Contracting Parties shall pay the travel costs of its own delegates.
Article 5
Litigation
Any dispute between Contracting Parties concerning the interpretation or application of the Convention, which cannot be resolved by negotiation, shall be subject to arbitration.
Article 6
Entry into force
This Convention shall enter into force on the first day of the second month following the day on which the two Governments have notified each other that the constitutional formalities required in their respective countries have been completed.
With respect to the Kingdom of the Netherlands, this Convention will be exclusively applicable to its European territories.
Article 7
Duration of the Convention
This Convention shall remain in force at least until 31 December 2007 and its validity shall then be extended for an indefinite period.
Each Contracting Party shall notify the other Contracting Party of its intention to terminate this Convention on a three-year notice and by written notification. The denunciation may take effect only as of December 31, 2007 or at the end of each successive three-year period.
The Convention will also cease its effects if Contracting Parties denounce their participation in the ESRF Convention under Article 13 of the said Convention.
In faith, the undersigned, duly authorized by their respective Governments, have signed this Convention.
Done in Brussels on 12 November 1990, in double original.

Excellency,
We have the honour to refer to the Agreement signed this day in Brussels between the Kingdom of Belgium and the Kingdom of the Netherlands concerning the joint participation of our two countries in the European Installation of the Synchrotron Raying, located in Grenoble.
In addition to this text, government representatives (Belgium and Dutch) agreed during their negotiations to incorporate the following provisions into an exchange of letters, which is an integral part of the Agreement.
1. Representation in the Board of Directors and in the various Boards of the Corporation
In accordance with Article 4, paragraph 2 of the Agreement mentioned above, it was agreed that, until the end of the first period of the construction phase determined in the ESRF Convention ("European Synchrotron Research Facility"), it is the Belgian State that designates the delegate who will be entitled to vote in the Board of Directors of the Corporation.
Subsequently, a rotation system will take over, a system in which each Contracting Party shall designate, in turn and for a period of two years, the delegate with the right to vote.
The Belgian state is the first to enter this system of rotating representation.
The remaining seats in the Board of Directors are equally distributed among Contracting Parties.
With regard to representation in the different Committees of the Society, an equal distribution of the number of delegates between the two Contracting Parties is made whenever possible.
In the case that this equal distribution is not feasible, a rotation system is established. Each rotating term is valid for a period of two years.
In this case, the Belgian State is mandated to present its first delegate.
2. The voting system within the Accompaniment Committee and the Society
The two Contracting Parties each have two votes in the accompanying Committee, which is chaired by the President of BENESYNC.
For all circumstances under which the vote is mandatory in the Board of Directors of the Corporation, the delegate with the right to vote determines his position in accordance with the unanimous decision of the Accompaniment Committee.
In the case that unanimity cannot be obtained within the framework of the accompanying Committee, the said Committee must consult with the Contracting Parties with a view to determining the attitude of the delegate to the Governing Council with the right to vote.
In the event of a vote in one of the various committees of the Society, all delegates members of the said Committee having a right to vote, whether or not they are directly designated by the Contracting Parties, have the obligation to consult and vote in the same manner.
In the case that no agreement is reached between the delegates, they are called upon to request, as far as possible, the opinion of the accompanying Committee, which will determine what attitude will take.
If the said Accompaniment Committee cannot be consulted or if it fails to unanimously decide on a particular problem, then the attitude to be taken must be determined in consultation with the Contracting Parties.
This consultation procedure for both Contracting Parties is also applicable in the case that only one Contracting Party has the right to vote in a Committee; unless unanimity exists within the experts possibly present of the other Contracting Party.
In the event that the above consultation with the accompanying Committee and/or Parties to the Convention is not possible, delegates must refrain from voting.
If the Government of your Excellency agrees with the above provisions, this letter and its response constitute an agreement between our two Governments.
Please accept, Your Excellency, the assurance of our very distinguished consideration.

Excellencies,
I have the honour to acknowledge receipt of your letter dated 12 November 1990, ref. A14, the content of which is as follows:
“Excellence
We have the honour to refer to the Agreement signed this day in Brussels between the Kingdom of Belgium and the Kingdom of the Netherlands concerning the joint participation of our two countries in the European Installation of the Synchrotron Raying, located in Grenoble.
In addition to this text, the representatives of the Governments (Belgium and Dutch) agreed during their negotiations to incorporate the following provisions into an exchange of letters, which is an integral part of the Agreement.
1. Representation in the Board of Directors and in the various Boards of the Corporation
In accordance with Article 4, paragraph 2 of the Agreement mentioned above, it was agreed that, until the end of the first period of the construction phase determined in the ESRF Convention ("European Synchrotron Research Facility"), it is the Belgian State that designates the delegate who will be entitled to vote in the Board of Directors of the Corporation.
Subsequently, a rotation system will take over, a system in which each Contracting Party shall designate, in turn and for a period of two years, the delegate with the right to vote.
The Belgian state is the first to enter this system of rotating representation.
The remaining seats in the Board of Directors are equally distributed among Contracting Parties.
With regard to representation in the different Committees of the Society, an equal distribution of the number of delegates between the two Contracting Parties is made whenever possible.
In the case that this equal distribution is not feasible, a rotation system is established. Each rotating term is valid for a period of two years.
In this case, the Belgian State is mandated to present its first delegate.
2. The voting system within the Accompaniment Committee and the Society:
The two Contracting Parties each have two votes in the accompanying Committee, which is chaired by the President of BENESYNC.
For all circumstances under which the vote is mandatory in the Board of Directors of the Corporation, the delegate with the right to vote determines his position in accordance with the unanimous decision of the Accompaniment Committee.
In the case that unanimity cannot be obtained within the framework of the accompanying Committee, the said Committee must consult with the Contracting Parties with a view to determining the attitude of the delegate to the Governing Council with the right to vote.
In the event of a vote in one of the various committees of the Society, all delegates members of the said Committee having a right to vote, whether or not they are directly designated by the Contracting Parties, have the obligation to consult and vote in the same manner.
In the case that no agreement is reached between the delegates, they are called upon to request, as far as possible, the opinion of the accompanying Committee, which will determine what attitude will take.
If the said Accompaniment Committee cannot be consulted or if it fails to unanimously decide on a particular problem, then the attitude to be taken must be determined in consultation with the Contracting Parties.
This consultation procedure for both Contracting Parties is also applicable in the case that only one Contracting Party has the right to vote in a Committee; unless unanimity exists within the experts possibly present of the other Contracting Party.
In the event that the above consultation with the accompanying Committee and/or Parties to the Convention is not possible, delegates must refrain from voting.
If the Government of your Excellency agrees with the above provisions, this letter and its response constitute an agreement between our two Governments.
Please accept, Your Excellency, the assurance of our very distinguished consideration. »
I have the honour to confirm my Government's agreement with the above provisions.
Please accept, Excellencies, the renewed assurance of my highest consideration.

Protocol of accession of the Kingdom of the Netherlands to the Convention of 16 December 1988 concerning the construction and operation of a European Synchrotron Radiation Facility
The Governments
of the Federal Republic of Germany,
of the Kingdom of Belgium,
of the Kingdom of Denmark,
of the Kingdom of Spain,
of the Republic of Finland,
of the French Republic,
of the United Kingdom of Great Britain and Northern Ireland,
of the Italian Republic,
of the Kingdom of Norway,
of Sweden,
Swiss Confederation,
Signatories of the Convention on the Construction and Operation of a European Synchrotron Radiation Facility (hereinafter referred to as the "Convention") made in Paris on 16 December 1988, and
The Government of the Kingdom of the Netherlands,
"Below referred to as "the Contracting Parties",
Considering that, following the official declaration made by the Government of the Kingdom of Belgium on 16 December 1988, on the occasion of the signing of the Convention, the Governments of the Kingdom of Belgium and the Kingdom of the Netherlands entered into an agreement in Brussels on 12 November 1990 concerning their joint participation in the construction and operation of a European Installation of Synchrotron Radiation (ESRF), on the understanding that the Government of the Kingdom of Belgium and the Government of the Kingdom of Belgium
Considering that the Kingdom of Belgium and the Kingdom of the Netherlands have established for this purpose a consortium called BENESYNC, within the framework of the agreement mentioned above;
Considering the unanimous agreement expressed by the signatories of the so-called Convention at the meeting of the Council of ESRF held on 20 December 1988 in Grenoble, referring on the one hand to article 12 of the Convention, on the conditions of accession and on the other hand to article 20 of the statutes of the Society, on the terms and conditions of accession of new members;
agreed that:
Article 1^er
The Kingdom of the Netherlands adheres to the Convention as a Contracting Party.
Article 2
2.1 Acting jointly as a single Contracting Party, the Governments of the Kingdom of Belgium and the Kingdom of the Netherlands established a Consortium.
2.2 This Consortium called BENESYNC is considered to be a member of the society since its founding.
Article 3
The Convention is amended as follows:
3.1 The preamble is amended and replaced by a new preamble as follows:
"The Government of the Federal Republic of Germany,
-The Government of the Kingdom of Belgium,
- The Government of the Kingdom of Denmark,
- The Government of the Kingdom of Spain,
- The Government of the Republic of Finland,
- The Government of the French Republic,
- The Government of the United Kingdom of Great Britain and Northern Ireland,
The Government of the Italian Republic,
- The Government of the Kingdom of Norway,
- The Government of the Kingdom of the Netherlands,
- The Government of the Kingdom of Sweden,
- The Government of the Swiss Confederation,
hereinafter referred to as "Contracting Parties",
On the understanding that the Governments of the Kingdom of Denmark, the Republic of Finland, the Kingdom of Norway and the Kingdom of Sweden will act jointly as a single Contracting Party;
On the understanding that the Governments of the Kingdom of Belgium and the Kingdom of the Netherlands will act jointly as a single Contracting Party;
Desiring to further consolidate Europe's position in global research and intensify scientific cooperation between disciplines and across national borders;
Acknowledging that synchrotron radiation will in the future have great importance in different areas and also in industrial applications;
Expressing its hope that other European countries will participate in the activities they propose to undertake together under this Convention;
Building on the fruitful cooperation between European scientists within the framework of the European Foundation for Science and on the preparatory work carried out under its auspices, and pursuant to the Agreement signed in Brussels on 10 December 1985, and taking into account the Protocol of 22 December 1987;
Having decided to promote the construction and operation of a European Synchrotron Radiation Facility containing a source of high-performance X-rays to be used by their scientific communities;
agreed on the following: »
3.2. Section 6 is amended and replaced by a new section 6 as follows:
« (1) The French Contracting Party shall make available to the Corporation, free of all charges and ready to receive the construction, the site of Grenoble delimited on the plan attached in Annex 4.
(2) Members contribute to construction costs, excluding VAT, as follows:
- 33% for the Members of the French Republic ( 10% site award included),
- 23% for Members of the Federal Republic of Germany,
- 14% for Members of the Italian Republic,
- 12% for Members of the United Kingdom,
- 6% in total for the Members of the Kingdom of Belgium and the Kingdom of the Netherlands,
- 4% for Members of the Kingdom of Spain,
- a total of 4 per cent for Members of the Kingdom of Denmark, the Republic of Finland, the Kingdom of Norway and the Kingdom of Sweden,
- 4% for members of the Swiss Confederation.
The increases in contributions from Contracting Parties or the contributions of Governments acceding to this Convention in accordance with Article 12 shall be allocated, in proportion to their current contribution, to the reduction of the contributions of the Members of each Contracting Party to a contribution of more than 4%, as the site premium of 10% is not taken into account.
(3) Members contribute to operating expenses, excluding VAT, as follows:
- 27.5 per cent for the Members of the French Republic (site award of 2 per cent included),
- 25.5% for Members of the Federal Republic of Germany,
- 15% for Members of the Italian Republic,
- 14% for Members of the United Kingdom,
- 6% in total for the Members of the Kingdom of Belgium and the Kingdom of the Netherlands,
- 4% for Members of the Kingdom of Spain,
- a total of 4 per cent for Members of the Kingdom of Denmark, the Republic of Finland, the Kingdom of Norway and the Kingdom of Sweden,
- 4% for members of the Swiss Confederation.
The increases in contributions from Contracting Parties or the contributions of the Governments acceding to this Convention in accordance with Article 12 shall be allocated to the equal reduction of the contributions of the French Members up to 26% and of the German Members up to 25%, and, where these levels have been achieved, to the reduction of the contribution of the Members of each Contracting Party in a proportional amount to their contribution of the moment, without any contribution of the Members to become equal.
(4) If it appears to the Council that there is a lasting and significant imbalance between the percentage of use of the installation by the scientific community of a Contracting Party and the contribution of the Members of that Party, then the Council may adopt measures to limit this use of the Installation, unless the Contracting Parties agree to an appropriate adjustment of the contribution rates as defined in paragraph 3 above. »
Article 4
Appendix 1^re of the Convention (Statuts of the Civil Society referred to as the European Synchrotron Radiation Facility) is amended accordingly and attached to the present Protocol.
Article 5
This Protocol shall enter into force one month after all the signatory Governments of the Convention and the Government of the Kingdom of the Netherlands have deposited with the Government of France an instrument of ratification, approval or acceptance of this Agreement.
Done in Paris, on 9 December 1991, in the French, German, English, Spanish, Italian and Dutch languages, all texts being equally authentic, in a single original which is deposited in the archives of the Government of the French Republic, which transmits a certified copy to all Contracting Parties and all adherent Governments and will then notify them of all amendments to the Convention.

Annex 1^re Protocol
Regulations of the European Integration of Synchrotron Radiation
(Civil Society)
1. The preamble is amended and replaced by a new preamble as follows:
"The undersigned,
Le Centre national de la Recherche scientifique, 15, quai Anatole France, F 75700 Paris, represented by its Director General,
The Office of the Commissioner for Atomic Energy, 31-33 Federation Street, F 75752 Paris Cedex 15, represented by its Chief Executive Officer,
Forschungszentrum Jülich GmbH, Postfach 1913, D 5170 Jülich, represented by its Board of Directors,
The Consiglio Nazionale delle Richerche, Piazzale Aldo Moro 7, I 0185 Roma, represented by its President,
The Instituto Nazionale di Fisica Nucleare, Casella postale 56, I 00044 Frascati, represented by its President,
Consorzio Interuniversitario Nazionale per la Fisica della Materia, Via Dodecaneso 33, I 16146 Genova, represented by its Director,
The Benesync Consortium formed by:
The Science Policy Programming Services, rue de la Science 8, B-1040 Brussels, represented by its Secretary General,
De Nederlandse Organisatie voor wetenschappelijk Onderzoek, Postbus 93138, 2509 AC Den Haag, represented by its President,
The Norsync Consortium, formed by:
Statens Naturvidenskabelige Forskningsrad, H.C. Andersens Boulevard 40, DK-1553 Kopenhavn V, represented by its President,
Suomen Akatemia, PL 57, SF 00551 Helsinki, represented by its President,
Norges Allmennvitenskapelige Forskningsrad, Sandakerveien 99, N 0483 Oslo, represented by his Director,
Naturvetenskapliga Forskningsradet, Box 6711, S 113 85 Stockholm, represented by his Secretary General,
The Kingdom of Spain, represented by the President of the Comisión Interministerial de Ciencia y Tecnologia, Rosario Pino 14-16, E 28020 Madrid,
The Swiss Confederation, represented by the Director of the Federal Office of Education and Science, PO Box 2732, CH 3001 Bern,
The Science and Engineering Research Council, Polaris House, UK Swindon SN2 1ET, represented by its President,
Hereafter referred to as "Members"
Noting that the Belgian organization and the Dutch organization formed a Benesync Consortium for their participation in the Society, and that the four Nordic organizations formed a Consortium Nordsync for their participation in the Society, and that, although they all signed the present Statutes, only the Benesync Consortium represented by the Programming Services of the Scientific Policy and the Nordsync Consortium,
Referring to the following Convention referred to as the "Convention", relating to the construction and operation of a European Synchrotron Radiation Facility signed in Paris on 16 December 1988 between the Contracting Parties, as defined in the preamble to the Convention and below referred to as "the Contracting Parties";
Convinced of establishing a civil society under articles 1832 to 1873 of the French Civil Code, as referred to as the "Société", which will be governed by the Convention and the present Status. »
2. Section 18 is amended and replaced by a new section 18 as follows:
“1. The social capital is at least one hundred thousand French francs (100 000 FF), divided into ten thousand (10,000) apart from ten francs (10 FF) each. Members subscribe to the number of shares listed below, based on their contribution to operating expenses:
For the consultation of the table, see image
3. These amendments come into force upon signature by all Members.
Made in Paris, 9 December 1991, in five originals in French and in one original in German, English, Spanish, Italian and Dutch. In case of litigation, the French version prevails.