Summary of the articles 52 to 55 of the Constitution. Implicit modification of Decree No. 2008-334 of April 11, 2008, on the publication of the agreement between the Government of the French Republic and the ITER International Organisation for fusion energy in the headquarters of the ITER organization and the privileges and immunities of the ITER organization in the french territory (together an annex), signed on November 7, 2007 at Saint-Paul-lez-Durance (Cadarache).
Keywords foreign and European Affairs, INTERNATIONAL agreement, Protocol additional international ITER organization, energy merger, seat, ITER agreement, PRIVILEGE, immunity, confidentiality, INFORMATION DECLASSIFIED, nuclear safety, nuclear security JORF n ° 0219 September 19, 2008 page 14529 text no. 27 Decree No. 2008-970 17 September 2008 with publication of the additional protocol to the agreement on the headquarters of the ITER international organisation and to the privileges and immunities of the ITER organisation the french between the Government of the French Republic territory and the ITER International Organisation dealing with the confidentiality of French classified information provided to the ITER Organization (all an exchange of letters signed in Paris on March 6, 2008 and Saint-Paul-lez-Durance [Cadarache] on April 4, 2008) (1) NOR: MAEJ0820603D ELI: https://www.legifrance.gouv.fr/eli/decret/2008/9/17/MAEJ0820603D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2008/9/17/2008-970/jo/texte the President of the Republic On the report of the Prime Minister and the Minister of Foreign Affairs, seen articles 52 to 55 of the Constitution;
Considering Decree No. 53-192 of March 14, 1953 changed relative to the ratification and the publication of the international commitments entered into by France;
See Decree No. 2008-334 of 11 April 2008 on the publication of the agreement between the Government of the French Republic and the ITER International Organisation for fusion energy in the headquarters of the ITER organization and the privileges and immunities of the ITER organization in the french territory (together an annex), signed at Saint-Paul-lez-Durance (Cadarache) November 7, 2007, decrees: Article 1 of the additional protocol to the agreement on the headquarters of the ITER international organisation and to the privileges and immunities of the ITER organization on the french territory between the Government of the French Republic and the ITER International Organisation dealing with the confidentiality of the French classified information provided to the ITER Organization (all an exchange of letters signed in Paris on March 6, 2008 and Saint-Paul-lez-Durance [Cadarache] on April 4, 2008), will be published in the Official Journal of the French Republic.


Article 2 the Prime Minister and the Minister of foreign and European Affairs are responsible, each which is concerned, of the execution of this Decree, which will be published in the Official Journal of the French Republic.

Annex P R O T O C O L E additional to the agreement at the headquarters of the ITER International ORGANISATION and the PRIVILEGES and immunities of the ITER ORGANISATION on the French territory between the Government of the French Republic and the international ITER organization, dealing with the confidentiality of classified French communicated to the ITER organization information (all an exchange of letters) Paris March 6, 2005.
The Director-general, referring to article 14 of the agreement on the establishment of the ITER International Organisation for energy merger, signed in Paris on 21 November 2006, as well as article 17 of the agreement on the headquarters of the ITER organization and the privileges and immunities of the ITER organization in the territory of the french, signed at Saint-Paul-lez-Durance on November 7, 2007, I have the honour on instructions from my Government, to provide you with the provisions contained in the annex to the present letter.
Thank you let me know if the terms of this annex collect accreditation of the ITER International fusion energy. In this case, the present letter and its annex, as well as your answer, will be the additional protocol to the agreement on the headquarters of the ITER International Organisation and to the privileges and immunities of the ITER organization in the territory of the french, on the confidentiality of classified information French communicated to the ITER organization.
This Protocol will enter into force thirty days after the date of your reply.
Please accept, Mr. Director general, the expression of my best consideration.
Valérie Pécresse Minister of higher education and research A N N E X E Protocol additional to the between the Government of the Republic French and the organization international ITER for the energy of merger agreement at the headquarters of the ITER organization and the PRIVILEGES and immunities of the Organization ITER on the French territory, dealing with the confidentiality of information ordered French COMMUNIQUEES to the Organization ITER. the Government of the French Republic and the international ITER Organisation for fusion (hereinafter energy referred to as the ITER organization), hereinafter referred to as "the Parties", whereas article 14 of the agreement on the establishment of the ITER International Organisation for fusion energy (hereinafter "the ITER agreement"), signed in Paris on 21 November 2006;
Whereas article 17 of the agreement between the Government of the French Republic and the ITER International Organisation for fusion energy in the headquarters of the ITER organization and the privileges and immunities of the ITER organization in the french territory (hereinafter referred to as "the headquarters agreement"), signed on 7 November 2007, at Saint-Paul-lez-Durance (Cadarache) have agreed on the following provisions: Article 1 purpose the purpose of this Protocol is to define the terms of the protection of the French classified information which must be communicated to the ITER organization to enable it to exercise its responsibilities in nuclear safety and security related to the ITER project.
The provisions of the headquarters agreement apply mutatis mutandis to this Protocol.
Article 2 Definitions for the purposes of this Protocol, the classified information includes information, processes, objects, documents, electronic data interchange, or files an character of secrecy of national defence, in accordance with the laws and regulations French.
A class contract means any contract, regardless of its legal regime or its name, in which a contractor or a subcontractor potential, public or private, is brought, on the occasion of the award of the contract or its execution, to know, or to hold in its offices or buildings, information, processes, objects, documents, electronic data interchange, or protected files.
A safety clause contract means any contract or market, regardless of its legal regime or its name, in which a contractor or a subcontractor potential, public or private, is brought on the occasion of the procurement contract, or its execution, to know, without hold them, information, processes, objects, documents, electronic data interchange or protected files.
Article 3 Nature of the classified information that may be provided to the ITER Organization French classified information which are to be transmitted to the ITER organization are determined by the French competent authorities and communicated to the Director-general of the ITER organization through the senior defence official of the Ministry responsible for industry and security.
A specific stamp "ITER" is systematically stamped on the information provided below the french classification markings, to identify the information exchanged under this additional protocol.
Article 4 provisions applicable within the ITER Organization for the protection of classified information in French the ITER Organisation: has) protect and safeguard classified information communicated, in accordance with French regulation for the protection of secrecy of national defence;
(b) uses the French classified information available to it only for purposes consistent with the ITER agreement;
(c) communicate any classified information French to other States or other international organizations or third parties in general, without the prior written consent of the French authority of origin.
Article 5 security organization the Organization of ITER in accordance with French law, the Director-general of the ITER organization implements within its organization structure of security responsible for the protection of classified information provided to the ITER Organization French.
Article 6 dissemination internal to the ITER organization of classified information under French regulations on the protection of national defence secrets, no one is qualified to know French classified information if he did beforehand for a clearance decision and he has justified the need to know for the performance of its duties.

The Director-general of the ITER organization, or its designee, duly authorised, and the senior official of defense and security of the Ministry of industry and the Ministry of research to define the "need to know" by jointly developing a list of positions that may require access to classified information in French.
In order to take into account to the best of the regulation to classified information French and international within the ITER Organisation while recognizing its international character, the following procedure is adopted: ― on positions requiring individuals in need to have access to classified information French, Executive Director of the ITER organization informed the official defence and security of the Ministry of industry of its proposals for appointment before taking its decision.
― the top defence and security official may, at this stage, comment directly from the Director-general of the ITER organization on the predictable success of the clearance procedure difficulties, especially where it comes to citizens of one nationality other than French or nationals of States with which the France has not signed a general security agreement;
― the clearance procedure is then initiated by the senior official of defence and security. An appointment by the Director-general of the ITER organization in a position requiring individuals in need to have access to classified information may only come after the end of the clearance procedure.
Article 7 clearance of the staff of the ITER organization occupying positions that may require access to information classified French members of the staff of the ITER organization who have French nationality are authorized by the senior official of defense and security of the Ministry of industry, in accordance with the procedures in force.
Foreign nationals are empowered by the general Secretariat of national defence, subject to justify a national individual clearance at the corresponding level (classified or confidential-defence) and to get a positive safety review, after investigation of the french security services. Records of individual empowerment are educated by the general Secretariat of national defence defence security service.
As soon as the issue of individual empowerment, the security structure of the ITER organization referred to in article 5 above ensures that instructions on procedures for the protection of French classified information were given to members of the staff of the ITER organization concerned and made them sign an acknowledgment of responsibility.
Any member of the staff of the ITER organization, leaving a position requiring access to classified information French is informed of his obligation to continue to preserve the confidentiality of such information and agrees in writing to comply.
Section 8 contracts classified or clause of security in the case where the ITER organization is considering moving the contracts making French classified information, it verifies that businesses potentially contracting or sous-contractantes, if they are foreign, are from States with which the France has signed a general security agreement, and that in all circumstances these companies are authorized in accordance with the French legislation.
The ITER organization must also ensure that any class or safety clause contract has an annex of security in accordance with the French legislation.
Article 9 Violation of security or compromise 1. A security breach is an act or omission contrary to a regulation of national and security likely to endanger or compromise classified information in French.
2. a security compromise occurs when unauthorized individuals, i.e. no holders of the appropriate clearance or not having the need to know, take knowledge, totally or partially, of classified information.
3. the ITER organization undertakes to inform fully all persons to manipulate French classified information from security procedures, the dangers of indiscreet conversation and relationships that they have with the press. These people must report without delay to the structure safety of the ITER organization of any breach of security which they have knowledge.
4. when the structure of security of the ITER organization has knowledge of a breach of security to French classified information, the loss or disappearance of documents or material classified french, she must act quickly to: has) establish the facts;
(b) assess and minimise the damage;
(c) to take all measures to avoid that the facts do not occur;
(d) inform as soon as possible the French authorities of the consequences of this violation.
5. has this connection, the following information must be provided as soon as possible to the competent French authorities: has) a description of the information concerned, including classification, reference and copy number, date, the authority of origin, the purpose and scope of the document;
(b) a brief description of the circumstances of the breach of security, including the date and the period during which the information was exposed to compromise;
(c) a statement indicating whether the authority of origin has been advised.
6. as soon as they are informed of a breach of security, the competent French authorities of security: has) notify it to the issuing authority;
(b) initiate an investigation;
(c) make a report on the circumstances of the breach, the date or the period to which it may have occurred, the date and the place of its discovery and a description of the content and classification of the information concerned. Injury to french national interests and measures taken to avoid any repetition of the facts must also be indicated.
7. the French authority of origin informs recipients and give appropriate instructions.
8. any person whose responsibility is involved in a compromise of classified information French is liable to disciplinary action in accordance with the applicable regulations in the ITER organization, without prejudice to legal proceedings.
9. in the event that the responsibility of a member of the staff of the ITER organization would be committed, the Director-general of the ITER Organization submits for approval of next ITER Council the lifting of the immunity that could benefit the person concerned, in accordance with article 12 of the ITER agreement.
Section 10 Audits the Director-general of the ITER organization allows French authorities to an intended to verify the effectiveness of the measures taken for the protection of classified information audit deadlines agreed by mutual agreement and at least once every two years, French.
Article 11 settlement of disputes any dispute concerning the interpretation or application of this Protocol is set through negotiations between the representatives of the Parties or by any other payment method approved by the two Parties, in accordance with the provisions of article 19 of the headquarters agreement.
Article 12 amendments 1. This Protocol may be amended on written request of one of the Parties.
2. after negotiation and agreement of the Parties, the amendments resulting come into force according to the conditions provided for in article 12 of this Protocol.
Article 13 duration and denunciation 1. This Protocol has the same validity as the ITER agreement.
2. the present Protocol may be denounced by written notice of either party. The denunciation shall take effect six months after receipt of notification by the other party.
3. a party denouncing this Protocol remains bound by its obligation to protect and save the French classified information to which she had access to the title of this agreement.
April 4, 2008.
Madam Minister, I got your letter of March 6, 2008, in which you tell me: 'with reference to article 14 of the agreement on the establishment of the international ITER for fusion energy, signed in Paris on 21 November 2006, as well as article 17 of the agreement on the headquarters of the ITER organization and the privileges and immunities of the ITER organization on french territory signed at Saint-Paul-lez-Durance on November 7, 2007, I have the honour, on instructions from my Government, to provide you with the provisions contained in the annex to the present letter.

Thank you let me know if the terms of this annex collect accreditation of the ITER International fusion energy. In this case, the present letter and its annex, as well as your answer, will be the additional protocol to the agreement on the headquarters of the ITER organization and the privileges and immunities of the ITER organization in the territory of the french, on the confidentiality of classified information French communicated to the ITER organization.
This Protocol will enter into force thirty days after the date of your reply. "In response, I have the honour to report that, pursuant to the powers vested in me by the provisions of the international ITER agreement and in accordance with the decision of the ITER Council, the provisions of this letter and its annex gather the approval of the international ITER for fusion energy.
Please kindly accept, Madam Minister, the expression of my highest consideration.
Kaname Ikeda Director general ITER Organization done at Paris, on September 17, 2008.
Nicolas Sarkozy by the President of the Republic: the Prime Minister, Francois Fillon, the Minister of Foreign Affairs and European, Bernard Kouchner (1) this agreement entered into force on May 4, 2008.