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Decree No. 2010-868 23 July 2010 Publication Of The Additional Protocol In The Form Of Exchange Of Letters, The Headquarters Agreement Between The Government Of The French Republic And The International Organization For The Energy Of Fusio...

Original Language Title: Décret n° 2010-868 du 23 juillet 2010 portant publication du protocole additionnel, sous forme d'échange de lettres, à l'accord de siège entre le Gouvernement de la République française et l'Organisation internationale pour l'énergie de fusio...

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Summary

Implementation of articles 52 to 55 of the Constitution.

Keywords

AND EUROPEAN AFFAIRS, INTERNATIONAL AGREEMENT, MULTILATERAL AGREEMENT, ADDITIONAL PROTOCOLE, SIEGE AGREEMENT, INTERNATIONAL ORGANIZATION FOR THE ENERGY OF FUSION , DRAFT ITER , ROLE , INSPECTION OF WORK , SITE , INTERNATIONAL ORGANIZATION ITER , HEALTH TO WORK , SECURITE , THERMONUCLEAIRE FUSION , ELECTRICITY , IMPLEMENTATION


JORF n°0171 of 27 July 2010 page 13842
text No. 10



Decree No. 2010-868 of 23 July 2010 on the publication of the additional protocol, in the form of an exchange of letters, to the headquarters agreement between the Government of the French Republic and the International Organization for Merger Energy for the joint implementation of the ITER project on the role of labour inspection on the site of the International Organization of ITER and on occupational health and safety, signed in Paris on 14 January 2009 and

NOR: MAEJ1017935D ELI: https://www.legifrance.gouv.fr/eli/decret/2010/7/23/MAEJ1017935D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2010/7/23/2010-868/jo/texte


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. 2010-384 of 16 April 2010 authorizing the approval of the additional protocol to the headquarters agreement between the Government of the French Republic and the International Organization for Merger Energy for the joint implementation of the ITER project on the role of the inspection of work on the ITER International Organization site and on occupational health and safety;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France;
Vu le Decree No. 2008-334 of 11 April 2008 issuing 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 on French territory (as a whole), signed at Saint-Paul-lez-Durance (Cadarache) on 7 November 2007,
Decrete:

Article 1


The additional protocol, in the form of an exchange of letters, to the headquarters agreement between the Government of the French Republic and the International Organization for Merger Energy for the joint implementation of the ITER project on the role of the inspection of work on the site of the International Organization of ITER and on occupational health and safety, signed in Paris on 14 January 2009 and in Saint-Paul-lez-Durance on 29 January 2009.

Article 2


The Prime Minister and the Minister for Foreign and European Affairs are responsible for 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, EXCHANGE OF LETTERS, AT THE ACORD OF SIÈGE BETWEEN THE GOVERNMENT OF THE FRANÇAISE REPUBLIC AND INTERNATIONAL ORGANIZATION FOR THE ENERGY OF FUSION ON THE IMPLEMENTATION OF THE ITER PROJECT RELATING TO THE ROLE OF THE WORK ON THE SITE OF THE INTERNATIONAL ORGANIZATION OF ITER AND PORTANT ON HEALTH AND SECURITY TO WORK, SIGNED TO PARIS ON 14 JANUARY 2009
    FRENCH REPUBLIC
    Minister of Higher Education
    and Research

    Mr. Director General,
    Referring to Article 14 of the agreement on the establishment of the ITER International Organization for Merger Energy, signed in Paris on 21 November 2006, as well as to Article 17 of the agreement relating to the ITER Organization's headquarters and to the privileges and immunities of the ITER Organisation on French territory, signed in Saint-Paul-lez-Durance on 7 November 2007, I have the honour, in order
    I would like to thank you for informing me whether the terms of this annex collect the approval of the ITER International Organization for Merging Energy. In this case, this letter and its annex, as well as your response, will constitute the additional protocol to the agreement on the ITER Organization's headquarters and the privileges and immunities of the ITER Organization in French territory, relating to the role of the inspection of work on the ITER site and relating to occupational health and safety. This protocol will enter into force in accordance with the provision of section 7 of the Schedule.
    Please accept, Mr. Director General, the expression of my best consideration.



    Valérie Pécresse
    A N N E X E


    ADDITIONAL PROTOCOL TO THE ACCORD OF SIÈGE BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND INTERNATIONAL ORGANIZATION FOR THE ENERGY OF FUSION ON THE IMPLEMENTATION OF THE ITER PROJECT RELATING TO THE ROLE OF THE WORK ON THE SITE ITER AND PORTANT ON HEALTH AND SECURITY
    The Government of the French Republic and the International Organization for Merger Energy for the joint implementation of the ITER project (hereinafter referred to as the "ITER Organization");
    Considering Article 14 of 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 and entered into force on 25 October 2007 (hereinafter referred to as the "ITER Agreement");
    Considering Articles 3 and 17 of the Agreement between the Government of the French Republic and the International Organization for Merger Energy for the Joint Implementation of the ITER Project relating to the ITER Organization's Headquarters and the privileges and immunities of the ITER Organization on French territory (hereinafter referred to as the "Seating Agreement") signed at Cadarache on 7 November 2007;
    Considering Article 13 of the Annex to the Headquarters Agreement;
    Considering that both parties have an interest in ensuring the effective implementation of the provisions on occupational health and safety;
    The following provisions were agreed:


    Article 1
    Subject


    The purpose of this Protocol is to define the modalities of cooperation between the French Authorities and the ITER Organisation, with regard to the establishment by the ITER organisation of the rules relating to occupational health and safety and the verification of their application, for workers carrying on the ITER site, in accordance with Article 14 of the ITER Agreement.
    The provisions of the Headquarters Agreement shall apply mutatis mutandis to this Protocol.


    Article 2
    Labour Inspection Missions
    on the ITER site


    The mission of the Labour Inspectorate is to ensure, in cooperation with the Director General of the ITER Organization, the effective implementation of the provisions on occupational health and safety in accordance with Article 14 of the ITER Agreement and Articles 3 and 17 of the Headquarters Agreement.
    The missions of the Labour Inspectorate also focus on the provisions on radiation protection. In this case, these missions are carried out in a joint or closely coordinated manner with that of radiation protection inspectors.
    The Parties agree that Labour Inspection Officers also have a advisory role in the application of French legislation on occupational health and safety.


    Article 3
    Method of intervention
    Labour Inspectorate


    The interventions of the Labour Inspectorate on the ITER Organization site are carried out according to the following provisions:
    3.1. Access to the site and visit of the facilities:
    The Director General of the ITER Organization and the Labour Inspection Service agree on an annual programme of visits (thematics, periodicity, practical terms, etc.), without prejudice to unscheduled interventions related to the occurrence of a particular event, in accordance with Article 3 of the Headquarters Agreement.
    The Labour Inspection Officers have the right of entry and access to the ITER buildings and premises in accordance with Article 3 of the Headquarters Agreement. In general, the Director General of the ITER Organization undertakes to facilitate the interventions of the Labour Inspectors carried out on his site.
    The Director General of the ITER Organization ensures that the admission formalities of the Labour Inspectorate are carried out as soon as possible.
    During their intervention at the ITER site or facilities, the Labour Inspectors are accompanied by a representative designated by the Director General of the ITER Organization.
    3.2. Right of communication and right of inquiry on the site:
    Labour Inspectors may be notified of the documents and registers required to be held in accordance with French occupational health and safety legislation. The list of these documents and records is prepared in consultation between the Labour Inspectorate and the Director General of the ITER Organization.
    As part of their interventions, Labour Inspectors may hear any person involved in the activity on the ITER site.


    Article 4
    Responses


    The comments made by the Labour Inspectorate are the subject of a first return at the end of the visit to the Director General of the ITER Organization.
    The Parties agree that the comments made by the Labour Inspectorate on the occasion of the visits should be formalized by a written letter to the Director General of the ITER Organization, who undertakes to follow up on the visits as soon as possible, in accordance with Articles 3 and 17 of the Headquarters Agreement.
    These observations are the subject of a communication to the internal consultation bodies on occupational health and safety issues established by the ITER Organization.


    Article 5
    Coordination


    Parties shall conduct periodic meetings to discuss activities that may affect occupational health and safety issues.
    The Director General of the ITER Organization invites the Labour Inspectorate to participate, as experts, in the meetings of the ad hoc consultation bodies that it has established.


    Article 6
    Settlement of disputes


    Any dispute concerning the interpretation or application of this Protocol shall be settled by negotiation between the representatives of the Parties or by any other method of settlement approved by the Parties in accordance with the provisions of Article 19 of the Headquarters Agreement.


    Article 7
    Entry into force


    Each Party shall notify the other of its ratification, acceptance or approval of this Protocol, which shall enter into force thirty days after the date of receipt of the second notification.


    Article 8
    Amendments


    1. This Protocol may be amended at the written request of the Parties.
    2. After negotiation and consent of the Parties, the amendments come into force in accordance with the terms and conditions set out in Article 7 of this Protocol.


    Article 9
    Duration and denunciation


    1. This Protocol has the same validity period as the ITER Agreement.
    2. This Protocol may be denounced at any time by written notification of either Party. The denunciation takes effect six months after the notification is received by the other party.
    ITER
    INTERNATIONAL FUSION ENERGY ORGANIZATION
    Director-General


    Madam Minister,
    I received your letter of January 14, 2009 in which you told me:
    " Referring to Article 14 of the Agreement on the Establishment of the ITER International Organization for Merger Energy, signed in Paris on 21 November 2006, as well as to Article 17 of the Agreement relating to the ITER Organization's Headquarters and to the privileges and immunities of the ITER Organisation on French territory, signed in Saint-Paul-lez-Durance on 7 November 2007, I have the honour of my Government, by order
    I would like to thank you for informing me whether the terms of this annex collect the approval of the ITER International Organization for Merging Energy. In this case, this letter and its annex, as well as your response, will constitute the additional protocol to the agreement on the ITER Organization's headquarters and the privileges and immunities of the ITER Organization in French territory, relating to the role of the ITER Labour Inspectorate and dealing with occupational health and safety.
    This Protocol shall enter into force in accordance with the provision of Article 7 of the Schedule. »
    In response to this letter, I have the honour to inform you that, in accordance with the powers conferred upon me by the provisions of the ITER International Agreement and in accordance with the decisions of the ITER Council, the provisions of this letter and its annex shall be approved by the ITER International Organization for Merger Energy.
    Please accept, Madam Minister, the expression of my highest consideration.



    Kaname Ikeda


Done in Paris, July 23, 2010.


Nicolas Sarkozy


By the President of the Republic:


The Prime Minister,

François Fillon

Minister for Foreign Affairs

and European,

Bernard Kouchner

(1) This Protocol entered into force on 26 June 2010.
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