Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign and European Affairs,
Considering articles 52 to 55 of the Constitution;
Vu la Act No. 2008-135 of 13 February 2008 authorizing the approval of the agreement between the Government of the French Republic and the ITER International Organization for Merger Energy relating to the ITER Organization's headquarters and the privileges and immunities of the ITER Organization in French territory;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France,
Decrete:
The agreement between the Government of the French Republic and the ITER International Organization for Merger Energy relating to the ITER Organization's headquarters and the privileges and immunities of the ITER Organization in the French territory (a consolidated annex), signed at Saint-Paul-lez-Durance (Cadarache) on 7 November 2007, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign and European Affairs are responsible, each with respect to him, for the implementation of this decree, which will be published in the Official Journal of the French Republic.
A C C O R D
BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND INTERNATIONAL ORGANIZATION FOR THE ENERGY OF FUSION ON THE ITER ORGANIZATION AND PRIVILEGES AND IMMUNITIES OF THE ITER ORGANIZATION ON THE FRANÇAIS TERRITORY (ENSEMBLE ANNEX)
Preamble
The Government of the French Republic and the ITER International Organization for Merger Energy,
Considering the Agreement on the Establishment of the ITER International Organization for Merger Energy for the Joint Implementation of the ITER Project, signed in Paris on 21 November 2006, including Article 12 thereof,
Desirous of defining the legal status and privileges and immunities in the territory of the French Republic of the Organization itself and persons exercising their activities,
agreed that:
Article 1
General provisions
As part of its official activities, the ITER Organization enjoys on the French territory privileges and immunities defined in Article 12 of the Agreement on the Establishment of the ITER International Organization for the Merger Energy for the Joint Implementation of the ITER Project (hereinafter referred to as the ITER Agreement) and in the Agreement on the Privileges and Immunities of the ITER International Organization for the Energy of
Article 2
Legal personality
The ITER Organization possesses the legal personality and enjoys, in French territory, sufficient legal capacity, including:
(a) conclude contracts;
(b) acquire, hold and dispose of property and assets;
(c) obtaining authorizations and,
(d) Justice.
Article 3
Inviolability of buildings, premises, archives
and documents and on-site inspections
1. The buildings, premises, archives and documents of the ITER Organization, wherever they are located, are inviolable.
2. The Director General of the ITER Organization cooperates with the competent French Authorities to establish periodic framework programmes covering inspections and inspections carried out in accordance with the French laws and regulations that the ITER Organization applies in areas within the scope of Article 14 of the ITER Agreement.
3. The periodic framework programmes referred to in paragraph 2 above shall be established by the competent French authorities in accordance with the Director General of the ITER Organization. They reflect the evolving nature of the ITER Organization's activities during its life cycle. Each of these programs specifies the minimum number and maximum number of inspections, scheduled and unannounced, likely to be carried out during the period, without prejudice to the inspections requested by the Director General of the ITER Organization or inspections resulting from a finding of anomalies established by the competent French Authorities.
4. For nuclear safety, the minimum number and maximum number of inspections that may be conducted in a year are set at 5 and 10 respectively. At the end of the first twelve-month period following the entry into force of this Agreement, and on the occasion of the establishment of periodic framework programmes on nuclear safety inspections referred to in paragraph 3 of this Article, the competent French Authorities may propose to revise this minimum number and this maximum number.
5. The findings of the inspections are recorded in writing in the form of observations or requests addressed to the Director General of the ITER Organization. When required, the ITER Organization shall take subsequent corrective action and notify the competent French Authorities.
6. With respect to the inspections referred to in paragraph 3 above which have been agreed under the inspection framework programmes or as a result of the findings of anomalies established by the Competent French Authorities, the Director General of the ITER Organization is deemed to have given its consent to grant access to the buildings and premises of the ITER Organization to the French officials responsible for these inspections.
7. Without prejudice to paragraph 6 above, access by French officials to the ITER Organization's buildings and premises requires the prior consent of the Director General of the ITER Organization or his delegate.
This consent is presumed to be acquired:
(a) in the case of a fire or event of the same nature that could threaten public safety or that requires immediate action or,
(b) in the case of inspections resulting from a finding of anomalies established by the competent French Authorities, until such authorities and the Director General of the ITER Organization or his delegate agree that all prescribed corrective measures have been fully implemented.
8. In accordance with Article 22 of the Agreement on the Privileges and Immunities of the ITER Organization, the terms and conditions for the implementation of this Article are set out in the Annex to this Agreement.
Article 4
Immunity of jurisdiction and enforcement
1. The ITER Organization enjoys jurisdictional and enforcement immunities, except:
(a) to the extent that it has expressly waived it in a particular case;
(b) in the event of civil action by a third party for damage caused by an accident caused by an engine vehicle belonging to the ITER Organization or used on its behalf, or in the event of a road code offence involving that vehicle;
(c) in the event of an arbitral award made under Article 23 of the Agreement on the Privileges and ITER Immunities and,
(d) in the event of a paid seizure for a debt of a staff member of the ITER Organization, provided that such seizure results from a final and enforceable court decision in accordance with the rules in force on the territory of execution.
2. The assets and assets of the ITER Organization, in any place they are located, are free from any form of requisition, confiscation, expropriation and sequestration, except:
(a) to the extent that the ITER Organization has expressly waived this immunity in a particular case;
(b) with regard to civil action as referred to in paragraph 1 (b), and,
(c) in respect of the execution of an arbitral award under Article 23 of the Agreement on the Privileges and ITER Immunities.
3. The ITER Organization also enjoys immunity from any form of interim administrative or judicial coercion, unless it expressly waives this immunity in a particular case and if the lifting of immunity is necessary in the following situations:
(a) the prevention or investigation of accidents involving motor vehicles belonging to the ITER Organization or used on its behalf and,
(b) the execution of an arbitral award under Article 23 of the Agreement on the Privileges and Immunities of the ITER Organization.
Article 5
Exemption of taxes
1. As part of its official activities, the ITER Organization, its assets, assets and revenues are exempt from all direct taxes.
2. As part of its official activities, the acquisitions of buildings carried out by the ITER Organization for its operation are exempt from registration fees and land advertising tax.
3. Where goods and services, strictly necessary for the exercise of the official activities of the ITER Organization, are purchased or used by the ITER Organization or on behalf of the ITER Organization, and if the price of such goods and services includes duties or taxes, the competent French authorities shall make the appropriate provisions for the exemption or refund of the amount of such duties or taxes, subject to compliance with established rules of procedure.
Article 6
Vehicles of the ITER Organization
The ITER Organisation can import in France, in suspension of all fees and taxes, the vehicles necessary for its official activities.
Article 7
Import and export of goods
1. Goods imported or exported by the ITER Organization, or on its behalf, for its official activities, are exempt from all duties and taxes. Goods imported or exported by the ITER Organization for its official activities are exempt from import and export restrictions and prohibitions, except where such prohibitions or restrictions are in accordance with the laws, regulations and policies referred to in Articles 14 and 20 of the ITER Agreement. The French Authorities and the ITER Organization shall take the necessary measures to facilitate the implementation of the provisions of this Article, in particular to ensure the proper execution of transfers of goods between Headquarters and the ITER Organization's field teams, as well as between the ITER Organization and the Partners' Domestic Agencies.
2. The exemption from duties and taxes, as provided in paragraph 1, also applies to goods imported or exported by ITER International Organization from 2006.
Article 8
Official activities of the ITER Organization
1. For the purposes of Articles 5, 6 and 7, the official activities of the ITER Organization include its administrative activities, including those related to any social security regime established by it, and the activities carried out to achieve the objective of the ITER Organization, as defined in the ITER Agreement.
2. The exemptions set out in sections 5 and 7 do not relate to taxes and fees paid for public service benefits.
Article 9
Cession of property
Assets exempted from duties and taxes pursuant to Articles 5, 6, 7 and 8 of this Agreement may not be sold or given to a third party, unless a prior agreement has been obtained from the French Authorities or the fees, taxes and contributions have been paid. Where such fees, taxes and contributions are calculated on the basis of the value of the property, the value of the transfer date and the rates in force on that date shall be taken into account.
Article 10
Publications, information and communications
1. Without prejudice to the laws, regulations and policies referred to in Articles 14 and 20 of the ITER Agreement, the dissemination or receipt of publications and other information by the ITER Organization is not restricted in any way.
2. For its official communications and the transfer of all of its documents, the ITER Organization has no less favourable treatment than that granted by France to other international organizations. The official communications of the ITER Organization cannot be censored, regardless of the means of communication used.
Article 11
Funds, currency, cash and securities
In accordance with Article 10 of the Agreement on the Privileges and Immunities of the ITER Organization, the ITER Organization may receive and hold all types of funds, currencies, species or securities; it may freely dispose of it at any end provided for in the ITER Agreement and hold accounts in any currency to the extent necessary to meet its obligations.
Article 12
Representatives and experts
1. Representatives of the Members of the ITER Organization within the ITER Council and its subsidiary bodies, as well as their alternates, shall, in the course of their duties and during their travel to and from the meeting place established by the ITER Organization, enjoy the following privileges and immunities:
(a) Immunity of arrest and detention and immunity from the seizure of their personal baggage;
(b) Immunity of jurisdiction, even after the end of their mission, with regard to acts, including their words and writings, performed by them in the performance of their duties; However, this immunity does not apply in the event of a violation of the road code committed by a representative of a member of the ITER Council or its subsidiary bodies, as well as by their alternates, or in the event of damage caused by an engine vehicle owned or operated by the member;
(c) The inviolability of all their official documents and documents;
(d) The right to receive documents or correspondence by special mail or sealed suitcase;
(e) Exemption for themselves and their spouses of all restrictive measures relating to immigration and all registration procedures for foreigners;
(f) The same facilities for currency and currency control as those granted to foreign government representatives on a temporary official mission and,
(g) The same customs facilities for their personal baggage as those granted to diplomatic agents.
2. The experts shall, in the performance of their duties in relation to the ITER Organization or in the execution of missions to the ITER Organization, enjoy the following privileges and immunities, to the extent that it is necessary for the performance of their functions, including with respect to the travel carried out in the performance of their duties and during such missions:
(a) Immunity of jurisdiction, even after having ceased to exercise their functions as an expert in the service of the ITER Organization, with regard to acts, including their words and writings, performed by them in the exercise of their functions; However, this immunity does not apply in the event of an offence of the road code committed by an expert, or in the event of damage caused by an engine vehicle owned or operated by the expert;
(b) The inviolability of all their official documents and documents and,
(c) The same facilities with respect to currency or exchange regulations and their personal baggage as those granted to foreign government officials on a temporary official mission.
3. The French Authorities shall make every effort to facilitate the entry and exit of the French territory of the representatives, experts and alternates of the representatives of the ITER Organisation, the ITER Council and its subsidiary bodies and invited researchers referred to in Article 7 paragraph 12 of the ITER Agreement and to provide, upon request, assistance during their stay in France.
Article 13
ITER Organization Staff Members
1. In accordance with Articles 14 and 18 of the Agreement on the Privileges and Immunities of the ITER Organization, the staff of the ITER Organization shall enjoy the following privileges and immunities:
(a) Immunity of jurisdiction, even when they are no longer in service with the ITER Organization, with regard to acts, including their words and writings, performed by them in the performance of their duties; However, this immunity does not apply in the event of a breach of the road code committed by a member of the ITER Organization's staff, or in the event of damage caused by an engine vehicle owned or driven by it;
(b) The exemption from all military service obligations;
(c) The inviolability of all their official documents and documents;
(d) The same facilities with respect to the exemption of any restrictive measures in respect of immigration and registration of aliens as those normally granted to staff of international organizations; members of their families in their household enjoy the same facilities;
(e) The same privileges with respect to foreign exchange regulations as those granted to staff of international organizations;
(f) In times of international crisis, the same facilities as those enjoyed by diplomatic agents in the field of repatriation; members of their families in their household enjoy the same facilities and,
(g) The right to import their furniture and personal belongings free of charge on the occasion of their first taking of functions in France and the right, at the end of their duties in France to export their furniture and personal effects free of charge.
2. Under the provisions of paragraph 1 of this article, the staff of the ITER Organization, in particular:
(a) Are exempted from work authorization and residence permit in France, and are not subject to the rules of common law in the field of immigration and registration of foreigners, provided that the special identity card referred to in paragraph (b) below is held. Members of their families who are part of their household are exempt from any obligation under the laws and regulations of the host State relating to the registration of foreigners and the residence permit. Children of staff members who have entered the French territory and spouses are exempted from work authorization, provided that they are holders of the special identity card referred to in paragraph (b) below. This exemption is without prejudice to the conditions that must be met for the exercise of certain regulated professions.
(b) They shall, as well as members of their families who are part of their household, obtain from the competent French Authorities a special identity card indicating their relationship with the ITER Organization and their privileges and immunities as referred to in the Agreement on the Privileges and Immunities of the ITER Organization and in this Agreement and,
(c) Can export, without prohibition or restriction, within a period of twelve months from the date of termination of their duties within the ITER Organization, their furniture and personal effects, including vehicles, of use or in their possession.
3. The staff members employed in France and their spouse who are neither French nor already permanent residents in France are each entitled to import or acquire in France, a private passenger vehicle, in suspension of duties and taxes, which will be registered in a special series.
4. The ITER Organization shall inform the competent French authorities of the entry into office and termination of office of any member of its staff. It shall, at least once a year, address to the Competent French Authorities a list of all staff and family members who are part of their household.
5. The invited researchers referred to in Article 7 paragraph 12 of the ITER Agreement shall be entitled to the provisions of paragraph 2 (a) above when conducting their research at the service of the ITER Organization.
Article 14
Income Tax Exemption
1. Salaries and emoluments – except for annuities and pensions – paid by the ITER Organization are exempt from income tax.
2. These salaries and emoluments are considered to determine the level of taxation to be applied to income from other sources.
3. The internal tax collected for the benefit of the ITER Organization applies to the salaries and emoluments paid by the ITER Organization as of 2006.
Article 15
Director-General
and Principal Deputy Director-General
In addition to the privileges and immunities provided for in Articles 13 and 14 above, the Director General of the ITER Organization and the Principal Deputy Director General shall enjoy the privileges and immunities recognized to the heads of diplomatic missions in accordance with the provisions of the Vienna Convention on Diplomatic Relations of 18 April 1961.
Article 16
Exception to privileges and immunities
1. The privileges and immunities granted pursuant to this Agreement shall not diminish or affect the obligation of the ITER Organization, the Director General and its staff to comply with French legislation and regulations in the field of public health, occupational health and safety, nuclear safety, radiation protection, licensing, nuclear substances, environmental protection and protection against acts of malice.
2. The privileges and immunities provided for in this Agreement shall be granted exclusively to ensure, in all circumstances, the unimpededed operation of the ITER Organization and the total independence of the persons who enjoy it, and not for them to benefit from it.
3. The privileges and immunities provided for in this Agreement shall be lifted whenever the competent authority to do so, in accordance with the ITER Agreement, considers that their maintenance is likely to interfere with the course of justice and that their removal does not affect the grounds for which they have been granted and, in the case of the ITER Organization, the Director General and his staff, when the Council determines that such a waiver of immunity is not contrary to it.
Article 17
Cooperation with the French Authorities
The ITER organization cooperates at any time with the Competent French Authorities in order to facilitate the proper administration of justice, to ensure compliance with police regulations, public health and safety regulations, licensing, environmental protection, labour inspection or other similar national legislation, and to avoid any abuse to which the privileges and immunities provided for in this Agreement may arise. The terms and conditions of the cooperation referred to in this Article are set out in the Annex referred to in paragraph 8 of Article 3 of this Agreement.
Article 18
Social protection
The ITER Organization, its Director General, its staff directly employed by the ITER Organization and their family members who are part of their household, who are entitled to the social security regime established by the ITER Organization are exempt from all mandatory contributions of the French social security system only with respect to their income from their activity with the ITER Organization.
The persons referred to in paragraph 1 above do not benefit from the benefits provided by French legislation and regulations, unless a supplementary agreement has been reached for that purpose. Article 19
Settlement of disputes
1. Any dispute between the French Authorities and the ITER Organization with respect to the interpretation or application of this Agreement, which could not be settled by negotiation or by any other method of settlement approved by the Parties, shall be submitted, unless the Parties otherwise have, to arbitration at the request of one of them. Parties shall meet to define the nature and modalities of the dispute settlement procedure with a view to reaching a speedy solution to the dispute.
2. The ITER Organization must provide appropriate arrangements for the settlement of disputes between the ITER Organization and its staff.
Rule 20
Entry into force
1. This Agreement shall be subject to ratification, acceptance or approval in accordance with the procedures of each signatory.
2. Each Party shall notify the other of its ratification, acceptance or approval of this Agreement, which shall enter into force thirty days after the date of receipt of the last notification, subject to the entry into force of the Agreement on the Privileges and Immunities of the ITER Organization.
Article 21
Duration of validity
This Agreement has the same validity period as the ITER Agreement.
Done at Saint-Paul-lez-Durance (Cadarache), on November 7, 2007, in two copies, in French and English, both equally authentic versions.
For the Government
of the French Republic:
Valérie Pécresse,
Minister
Higher Education
and Research
For the Organization
ITER International
for fusion energy:
Kaname Ikeda,
Director-General
of the Organization
ITER International
ANNEX TO THE CACORD
BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND INTERNATIONAL ORGANIZATION ITER FOR THE ENERGY OF FUSION RELATING TO THE ITER ORGANIZATION AND PRIVILEGES AND IMMUNITIES OF THE ITER ORGANIZATION ON THE FRENCH TERRITORY
COOPERATION MODALITIES
TRE LES AUTORITÉS FRANÇAISES ET L'ORGANISATION ITER
Article 1
Subject
The purpose of this Annex is to:
― to define the terms of cooperation between the French Authorities and the ITER Organization in accordance with Article 17 of the Agreement between the Government of the French Republic and the ITER International Organization for Merger Energy relating to the ITER Organization's headquarters and the privileges and immunities of the ITER Organization in French territory (hereinafter referred to as the "Seating Agreement");
- and specify the modalities for the implementation of the provisions of Article 3 of the Headquarters Agreement.
This annex is an integral part of the Headquarters Agreement.
Article 2
Safety and security
1. The ITER Organization shall take the necessary steps to ensure the safety and security of its basic nuclear facility, in accordance with French legislation and regulations, including the facilities and equipment included in its scope, whether or not they are necessary for the operation of the basic nuclear facility, at the time of their construction, operation, final shutdown and dismantling, as defined in this Annex.
2. In accordance with Article 14 of the ITER Agreement, the provisions of French legislation and regulations in the areas of public health and safety, occupational health and safety, nuclear safety, radiation protection, licensing regimes, nuclear substances, environmental protection and protection against acts of malice must be respected by the ITER Organization. The Director General of the ITER Organization shall ensure the application of these provisions and the implementation of the resulting requirements.
Article 3
Periodic reports
The ITER Organization shall prepare periodic reports under French legislation and regulations in the areas covered by Article 14 of the ITER Agreement.
Article 4
Transport of radioactive substances
The ITER Organization declares all transport of radioactive substances and requests authorizations or approvals in accordance with the relevant provisions of French legislation and regulations.
Article 5
Radioactive waste management
1. The ITER Organisation complies with French legislation and regulations relating to the management of radioactive wastes.
2. The management of radioactive waste generated by the operation of the facilities of the ITER Organization is ensured in accordance with Article 5 of the Annex to the ITER Agreement on Site Support Benefits.
3. The ITER Organization provides the relevant French authorities with the necessary elements for the development of the national management plan for radioactive materials and wastes, in accordance with applicable French legislation and regulations.
Article 6
Dismantling
1. In accordance with Article 16 of the ITER Agreement, the ITER Organization constitutes provisions for the dismantling of its facilities through the establishment of a dismantling fund, and transfers this fund and the facilities of the ITER Organization to the French Authorities after the final shutdown phase.
2. The ITER Organisation complies with French legislation and regulations and the requirements for the establishment and management of the dismantling fund and for the transfer to the competent French authorities of this fund and its facilities.
3. The ITER Organization is the dismantling fund to reach, on the date of the transfer of the fund, an agreed amount (named "final value") of the dismantling fund, in order to provide the dismantling of the ITER Organization's facilities.
The expected final value initially was adopted by the ITER Council, with respect to the ITER dismantling estimate contained in the so-called "Common Understanding" document entitled "ITER estimates for the construction, operation, final shutdown and dismantling phases and the nature of the contributions of the Parties" referred to in the joint declaration of the ITER parties on May 24, 2006.
The final forecast value of the dismantling fund is updated regularly to compensate for the effects of inflation and take into account the changes mentioned in paragraph 6 of this section.
4. At the end of the final phase of the experimental operation of the base nuclear facility ITER, the Organisation ITER places its facilities, within five years, or less in the event of an agreement of the competent French Authorities, in a condition conforming to the specifications that have been approved and updated, as necessary, between the competent French Authorities and the Organisation ITER, after which the Organisation ITER will hand over its competent funds To this end, the ITER Organization shall submit to the competent French Authorities before the end of the final shutdown phase a full report on the state of the facilities and dismantling fund. The French authorities have the opportunity to establish an audit conducted by independent experts in close cooperation with the ITER Organization.
5. In order to ensure the proper implementation of the provisions of Article 16 of the ITER Agreement and this Article, a Dismantling Advisory Committee shall be established, hereafter referred to as the "Committee", composed of equal numbers of representatives of the ITER Organisation and the French Authorities. The Committee meets at least once a year.
5.1. The Committee is heard by the auditors or members of the journals on the occasion of internal or external audits or reviews conducted under the ITER Agreement or the Resource Management Rules for the ITER Project. The Board provides an opinion on the final reports of these audits or reviews.
5.2. The Committee advises the ITER Council on the changes in the Resource Management Rules for the ITER project as they relate to the dismantling fund and the changes in the forecast final value. To this end:
5.2.1. The ITER Organization submits to the Committee every year a statement of the current and forecasted evolution of the radiological state of the ITER Organization's facilities and any possible financial consequences;
5.2.2. The ITER Organization shall submit annually to the Committee the financial information relating to the status of the dismantling fund and its expected evolution;
5.2.3. The French authorities inform the Committee of any developments in applicable French legislation and regulations.
5.3. The Committee shall provide the ITER Board with an opinion on the financial liability for changes in the expected final value referred to in paragraph 6 of this article.
5.4. A representative of each of the Parties to the Committee, as an expert, attends the ITER Council meetings on dismantling issues.
6. Before the facilities of the ITER Organization and the dismantling fund are transferred to the Competent French Authorities, the financial responsibility for changes in the final value of the fund should be assumed:
6.1. By the ITER Organization if they result:
6.1.1. Changes in the proposed ITER Program that could materially affect the expected radiological status of the ITER Organization's facilities at the date of the transfer of the fund (hereinafter "the reference state");
6.1.2. Changes in the design of the basic ITER nuclear facility that could materially affect the reference state;
6.1.3. Changes in the reference state from new radiological information or unexpected events;
6.1.4. Changes in project schedule;
6.1.5. Changes in international regulatory standards relating to the dismantling and management of radioactive waste of nuclear facilities or,
6.1.6. Any other change imposed by the ITER Organization.
6.2. By the French Authorities, if they result :
6.2.1. Changes in French legislation and regulations and their application text - excluding those resulting from the changes specified in paragraph 6.1.5 of this section - relating to the dismantling and management of radioactive wastes of nuclear facilities;
6.2.2. Changes in estimates of unit costs of waste storage or dismantling activities used for the establishment of the value of the dismantling fund ― excluding those resulting from changes specified in paragraphs 6.1.1 to 6.1.6 of this section or,
6.2.3. Any other change imposed by the French Authorities.
7. The ITER Organisation and the competent French Authorities agree, before the end of the final shutdown phase, of the schedules, terms and conditions detailed for the transfer of the dismantling fund and the acceptance by the French Authorities of the facilities of the ITER Organization.
8. Following the acceptance by the competent French authorities of the responsibility of the facilities of the ITER Organization and the receipt of the dismantling fund:
8.1. The ITER Organization and its members will not be responsible for the ITER facilities, apart from what would have been agreed elsewhere between the ITER Organization and France;
8.2. The French Authorities will continue to comply with Article 20 of the ITER Agreement;
8.3. The French Authorities will regularly transmit technical reports to all members of the ITER Organization who have contributed to the dismantling fund on the progress of dismantling and on the processes and technologies used or put in place for dismantling.
Article 7
Protection, accounting and control of nuclear materials
and protection against acts of malice
The ITER Organization applies French legislation and regulations as well as the requirements for the protection, accounting and control of nuclear materials, as well as protection against acts of malice. The French authorities verify compliance by the ITER Organization with the legislation, regulations in these areas and the requirements arising therefrom.
Article 8
Protection of classified information
The protection against the dissemination of classified information in accordance with French legislation is the subject of a specific protocol prepared by the Parties to this Annex in accordance with Article 13.
Article 9
Statements of incidents or accidents
1. Any incident or accident, whether nuclear or not, having or likely to have consequences on the safety of the facilities or transport referred to in this Annex or which may affect persons, property or the environment, as a result of a significant exposure to ionizing radiation, shall be declared promptly by the ITER Organization to the French Authorities designated for that purpose.
2. The French authorities reserve them the appropriate suites.
3. Events that may be related to an act of malice or affect the physical safety, security or protection of materials or facilities shall be the subject of an immediate declaration to the French Authorities designated for that purpose.
Article 10
Radiation protection
1. The ITER Organisation ensures that exposure of individuals to ionizing radiation resulting from its activities is maintained at the lowest level that is reasonably possible to achieve, taking into account the state of economic and social technologies and factors, and that it will respect the limits set by French legislation and regulations.
2. The ITER Organization shall collect and conduct tests and provide the results and any radiation protection data to the French Authorities designated for this purpose, at their request, in accordance with legislation and regulations.
3. The French Authorities designated for this purpose may make samples and perform any tests necessary to verify compliance with applicable laws and regulations concerning facilities, the environment and personnel.
Article 11
Cooperation between the French Authorities
and the ITER Organization
1. The French Authorities and the ITER Organisation agree to regular meetings to ensure the proper application of this Annex.
2. In the event of a disagreement on the findings of an inspection or on the measures taken by the ITER Organization in the areas of occupational health and safety and public health, the two Parties undertake to make every effort to resolve the dispute by making use of paragraph 1 of this Article before resorting to the dispute settlement mechanism.
Article 12
Conservative measures
1. In the event of disagreement regarding the non-compliance by the ITER Organization with the provisions of Article 14 of the ITER Agreement and this Annex, the French Authorities shall notify the ITER Organisation of the corrective measures they deem necessary. If no solution can be found within a prescribed time limit, the French Authorities may take or impose on the ITER Organization any interim measures, including, in the event of an emergency, order the suspension of the operation of its facilities.
2. In the case of serious and imminent risks, the French Authorities may take or impose without delay the measures referred to in paragraph 1.
Article 13
Additional Protocol
1. Additional protocols are concluded between the French Authorities and the ITER Organisation in the following areas:
― the conduct, by the Labour Inspectorate, of on-site inspections on occupational health and safety;
protection against the dissemination of classified information regarding measures for the protection of ITER facilities.
Additional protocols may be concluded between the French Authorities and the ITER Organization, as appropriate, to specify the terms and conditions for the application of this Annex.
Done in Paris, April 11, 2008.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
Minister for Foreign Affairs
and European,
Bernard Kouchner
