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1975: Agreement Between France, The Federal Republic Of Germany, Japan, The United States Of America, Denmark, Finland, Norway And Sweden Concerning A Joint Project For Planning, Design, Experiment Preparation, Performance And Reporting Of Reactor Safety Experiments Concerning Containment Response

Related Lineage is: Reactor Safety Experiments
  Provision  First Coders Codes  Second Coders Codes 
Titl.1  Agreement Between France, The Federal Republic Of Germany, Japan, The United States Of America, Denmark, Finland, Norway And Sweden Concerning A Joint Project For Planning, Design, Experiment Preparation, Performance And Reporting Of Reactor Safety Experiments Concerning Containment Response  TITL  TITL 
Src.1  Source: United States Treaties and Other International Agreements, vol. 28, pp. 629 (TIAS 8479).  SRC  SRC 
Pre.1  AGREEMENT between  DESC  DESC 
Pre.2  COMMISSARIAT A L'ENERGIE ATOMIQUE, FRANCE (hereinafter called "CEA")  RELA  RELA 
Pre.3  ELECTRICITE DE FRANCE, FRANCE (hereinafter called "EdF")  RELA  RELA 
Pre.4  GESELLSCHAFT FÜR KERNENERGIEVERWERTUNG IN SCHIFFBAU UND SCHIFFAHRT MBH, FEDERAL REPUBLIC OF GERMANY (hereinafter called "GKSS)  RELA  RELA 
Pre.5  JAPAN ATOMIC ENERGY RESEARCH INSTITUTE, JAPAN (hereinafter called "JAERI")  RELA  RELA 
Pre.6  UNITED STATES NUCLEAR REGULATORY COMMISSION, USA (Former UNITED STATES ATOMIC ENERGY COMMISSION hereinafter called "AEC") and  RELA  RELA 
Pre.7  ATOMENERGIKOMMISSIONEN, DENMARK (hereinafter called "AED")  RELA  RELA 
Pre.8  MINISTRY OF TRADE AND INDUSTRY, FINLAND (hereinafter called "MTI")  RELA  RELA 
Pre.9  INSTITUTT FOR ATOMENERGI, NORWAY (hereinafter called "AEN") and  RELA  RELA 
Pre.10  AKTIEBOLAGET ATOMENERGI, SWEDEN (hereinafter called "AES")  RELA  RELA 
Pre.11  hereinafter jointly called "the contracting parties"  RELA   
Pre.12  concerning  RELA   
Pre.13  A JOINT PROJECT FOR PLANNING, DESIGN, EXPERIMENT PREPARATION, PERFORMANCE AND REPORTING OF REACTOR SAFETY EXPERIMENTS CONCERNING CONTAINMENT RESPONSE (hereinafter called "the project").  RELA  SCIR 
Art.1  I PREAMBLE  DESC  DESC 
Art.1.1x  Considering     
Art.1.1x.ax  #NAME?     
Art.1.1x.bx  #NAME?  SCIR  SCIR 
Art.1.1x.cx  -the possibilities offered by the Marviken reactor for such large scale experiments, already demonstrated in an international project concerning full scale containment tests performed during 1972 and 1973    SCIR 
Art.1.2x  The contracting parties have this day agreed as follows:     
Art.2  II PURPOSE OF THE AGREEMENT  GOAL  GOAL 
Art.2.1x  The purpose of this Agreement is to establish cooperation between the contracting parties in a project using jointly the Marviken reactor for certain safety experiments. The project covered by this Agreement comprises a joint programme for planning, design, experiment preparation, performance and reporting of reactor safety experiments concerning containment response.    SCIR INFO 
Art.3  III SCOPE OF THE PROJECT  GOAL SUBS  SCOP 
Art.3.1x  The scope of the project is to prepare and perform containment response tests at Marviken within the framework of an international cooperation.    SCIR 
Art.3.2x  The project will be performed according to Appendices A-F and will aim at providing the contracting parties with further information mainly on certain dynamic phenomena in connection with containment blowdown situations.  ATTACH  ATTACH INFO 
Art.3.3x  The framework of the project is laid down in the appendices to this Agreement:  ATTACH  ATTACH 
Art.3.3x.ax  Appendix A Description of programmes  ATTACH  ATTACH 
Art.3.3x.bx  Appendix B Instrumentation  ATTACH  ATTACH 
Art.3.3x.cx  Appendix C Organization  ATTACH  ATTACH 
Art.3.3x.dx  Appendix D Budget  ATTACH  ATTACH 
Art.3.3x.ex  Appendix E Time schedule  ATTACH  ATTACH 
Art.3.3x.fx  Appendix F Reports  ATTACH  ATTACH 
Art.3.4x  The project consists of three kinds of activities:     
Art.3.4x.a  a) planning and design     
Art.3.4x.b  b) experiment preparation and performance of the test programme and    SCIR 
Art.3.4x.c  c) data reduction and reporting of data and interpretation of results  SCIR INFO  SCIR INFO 
Art.3.5x  The description in Appendix A reflects the fact that a certain minimum number of tests is necessary for the programme to be meaningful. It is consequently agreed that a minimum of 8 blowdown tests (blowdowns Nos 17 - 24) within the programme to be specified in accordance with Appendix A shall be performed.  ATTACH  ATTACH 
Art.3.6x  The time schedule contains reserve time which partly is intended for repetition of experiments if needed.    ATTACH 
Art.4  IV ORGANIZATION OF THE PROJECT  HOBS HOBF SBS SBF FINAD  HOBS HOBF REVW SBS SBF FINPR FINAD 
Art.4.1  1. The project shall be directed by a project board. The board shall decide on all matters concerning the project within the framework of this Agreement.     
Art.4.1.ax  Each contracting party shall appoint one member of the board. The member appointed by AES will be the chairman of the board. Each member of the board may be assisted at the board meeting by one specialist who shall not have a voting right. The board shall meet at least 3 times a year. Additional board meetings shall be convened at the request of one member of the board.  RELA  RELA 
Art.4.1.bx  The decisions of the project board shall normally be made by mutual agreement. Should it be necessary to vote on any decision, each member of the board shall have a number of votes in proportion to the financial commitment of the contracting party concerned according to Article VI below. Every member shall be given the opportunity to cast his vote. 60 % of the votes cast are required for a decision. An opportunity will be provided for voting in absentia and/or through designated alternate upon proper and timely notification of the matter to be voted on. Should it be necessary to revise the programme, the board should be prepared to meet at short notice.     
Art.4.1.cx  The distribution of votes among the four Nordic countries will be stated at the first board meeting.     
Art.4.1.dx  AES has an absolute veto right against decisions involving the safety of the plant or conflicts with Swedish laws and regulations.  RELA  RELA 
Art.4.2  2. AES shall appoint a project manager. The appointment requires the approval of the project board. The project manager shall be responsible to the project board for the execution and management of the agreed project. His duties include the drawing up of detailed programmes of work, including cost and time schedules.  RELA  RELA 
Art.4.2.ax  The project manager shall be present at the meetings of the project board and shall have the right to participate in the deliberations He shall report at each meeting on the progress of the work of the project.    INFO 
Art.4.3  3. A committee, called the Technical Advisory Committee (TAC), shall be established. The committee shall be composed of senior technical experts. Each contracting party having a share of 20 % of the total budget shall have the right to designate two members and each contracting party having a share of less than 20 % shall have the right to designate one member. The committee has the authority to direct the project manager on technical matters within the scope, cost and time schedule of the programme. Differences in opinion between the TAC members shall be resolved by the vote following the same procedure as applies to the voting in the board. If the project manager considers a proposal from the TAC to lead to an increase in costs or to a prolongation of the time schedule, the matter shall immediately be brought by him to the attention of the board for decision. Pending the decision of the board, no action shall be taken by the project manager that may infringe upon the freedom of the board to decide. The project manager shall be in attendance at the meetings of the committee.    SCIR ATTACH 
Art.4.3.ax  The chairman of the project board chairs the meeting of the TAC. The committee shall meet at least three times per year. The meetings shall be convened by the chairman of the project board on his own initiative or at the request of members representing at least 40 % of the votes of the committee.     
Art.4.4  4. In the performance of his duties, the project manger shall be assisted by a project staff as exemplified in Appendix C.  ATTACH  ATTACH 
Art.4.5  5. AES undertakes to render the necessary technical and administrative services and to procure the material for implementation of the project. Legal acts relating to the carrying out of the project shall be performed by AES on behalf of the contracting parties.  RELA  SCIR RELA 
Art.4.6  6. For the financial management of the project, AES shall arrange an adequate book-keeping and reporting system according to the needs of this Agreement. Additional reporting that may be required for specific national reasons is not the responsibility of the project. The auditing shall be performed by the auditors of AES, and if so requested by any of the other parties, by auditors elected by them.  RELA  RELA 
Art.5  V TIME SCHEDULE  SUBS HOBF SBF  SUBS HOBF REVW SBF 
Art.5.1  1. The starting date of the project is February 1, 1975 and the project shall he carried out in accordance with the time schedule in Appendix E.  ATTACH  ATTACH 
Art.5.2  2. As no development work on instrumentation or other equipment is planned within the project it is vitally important that the board makes it their responsibility to supervise that only well proven and tested instrumentation and other equipment is used for the experiments. At the end of the preparation phase the board shall review the situation regarding the installed instrumentation and other equipment and its formal approval is required for the start of the experimental phase.    SCIR 
Art.5.3  3. At least after every second blowdown the TAC shall decide whether the blowdown and measurement conditions have concurred with the general descriptions of the experiments in the agreement and whether the information achieved is complete enough to be useful or if the experiments should be repeated. This decision shall be communicated to the board members immediately    SCIR INFO 
Art.6  VI BUDGET AND FINANCIAL CONTRIBUTIONS  FINAD SBF  FINPR HOBF SBF 
Art.6.1  1. Expenditure relating to the carrying out of the project shall be borne by the contracting parties under the conditions specified in the present Article.     
Art.6.1.ax  The project budget as presented in Appendix D amounts to Skr 13.7 millions. This amount includes all foreseen wage and price increases for the programme planned to be carried out and specified in Appendix A - F.  ATTACH  ATTACH 
Art.6.1.bx  As a reserve to cover possible additional expenses caused during the project in excess of the budget, the parties undertake jointly to make available an amount of Skr 0.5 million. The parties also undertake jointly to make available an amount of Skr 0.3 million in excess of the budget as a reserve to cover unforeseen inflationary cost increases during the project. The utilization of these reserves requires specific decisions by the project board. Including the reserves the total budget is Skr 14.5 millions.     
Art.6.1.cx  The project costs and the relevant reserve stated in this Article are calculated on the basis of a current station availability during the period indicated in the time schedule in Appendix E. Cost increase due to interrupted availability of the Marviken plant shall he borne by the AES, provided that the interruptions are not caused by the performance of the experiments.  RELA ATTACH  RELA ATTACH 
Art.6.1.dx  The contracting parties undertake to contribute to the financing of the total budget as follows:     
Art.6.1.dx.ix  [TAB]%.[TAB]Skr     
Art.6.1.dx.iix  millions     
Art.6.1.dx.iiix  GKSS[TAB]20[TAB]2.9    RELA 
Art.6.1.dx.ivx  CFA[TAB]10[TAB]1.45    RELA 
Art.6.1.dx.vx  EdF[TAB]10[TAB]1.45    RELA 
Art.6.1.dx.vix  JAERI[TAB]20[TAB]2.9    RELA 
Art.6.1.dx.viix  AEC[TAB]20[TAB]2.9    RELA 
Art.6.1.dx.viiix  AED    RELA 
Art.6.1.dx.ixx  MTI    RELA 
Art.6.1.dx.xx  AEN    RELA 
Art.6.1.dx.xix  AES[TAB]20[TAB]2.9    RELA 
Art.6.1.dx.xiix  [TAB]100[TAB]14.5     
Art.6.3  3. The project shall be debited with the cost of the personnel of the project staff supplied by the contracting parties under the conditions specified in Article VII and in Appendix D, where all personnel costs are given according to nominal AES wage codes, inclusive of statutory social dues multiplied by 1.75. When project personnel are working outside their home organizations, the project shall be debited with an additional per diem cost according to AES's rules. Costs for travels to and from the permanent residence of the personnel are paid by the respective home organization.  RELA ATTACH  ATTACH RELA 
Art.6.3.ax  For services rendered by the parties upon order from the project using personnel not classified as project personnel and for material provided, the party shall be reimbursed for its costs. Thus neither profit nor gain shall be included except in case of commercial products already on the market.     
Art.6.4  4. When paying their financial contributions according to this Article VI the parties shall be entitled to deduct the costs for wages and per diem of project personnel according to Article VI:3.     
Art.6.5  5. Within six weeks after the end of each quarter of a year, the project manager shall present accounts for the project to the parties in summarized figures as to the costs incurred during the preceding quarter, and shall at the same time give a cost estimate for the current quarter.     
Art.6.5.ax  The total actual cost for the project shall be accounted for within three months after the termination of the project.     
Art.6.6  6. Payments of contributions shall be made to AES and made available to the project in quarterly instalments on the basis of cost estimates and accounts as outlined under this Article VI:5, and quarterly reports.  RELA  RELA 
Art.6.6.ax  The first advance payment shall be due within four weeks after the signing of this Agreement by all the parties and shall cover all the costs accounted for in the budget incurred up to the date of signature as well as the costs calculated for the rest of the current quarter. The subsequent advance payments are due within two weeks upon receipt of the quarterly cost accounts/costs estimated.     
Art.7  VII SUPPLY OF PERSONNEL  SUBS SBF FINAD  SUBS SBF SBS FINPR 
Art.7.1  1. During the project, the contracting parties shall, within the total budget, contribute to the project staff by supplying project personnel, along the lines specified in Appendix C: p 4.  ATTACH  ATTACH 
Art.7.1.ax  The project staff shall be appointed and seconded to the project by the contracting parties with the agreement of the project manager. The project manager shall be responsible for the duly qualified composition and efficiency of the project staff and shall have the right to take the appropriate measures to that effect. The project personnel will remain in the employment of their respective employers. The project staff, during their participation in the project, work under the authority of the project manager and shall be subject to the general working rules of AES such as ordinary working hours, vacation periods etc.  RELA  RELA 
Art.7.2  2. The parties shall, if considered necessary by the board, maintain at the disposal of the project their project personnel for a period not exceeding the period stated in Appendix E by more than three months. Such prolongation shall fall within the total budget and be credited according to the same rules as set out in Article VI:3.  ATTACH  ATTACH 
Art.7.3  3. In addition, each party may at their own expense and under their own responsibility participate with delegated personnel to the extent agreed by the project manager. They may use their own equipment if agreed by the project manager. Such personnel when working in the project are subject to the rules stated in this Article VII:1.     
Art.8  VIII INFORMATION AND USE OF RESULTS, INCLUSIVE OF INVENTIONS  SUBS HOBF  HOBF SUBS 
Art.8.1  1. The results of the project shall be presented in the form of appropriate progress and final reports as specified in Appendix F.  INFO ATTACH  INFO ATTACH 
Art.8.2  2. All information derived from the execution of the project shall be made available to the contracting parties.  INFO  INFO 
Art.8.3  3. Prior to approval by the parties for publication, the information will be freely available to government authorities, organizations and companies in the participating countries for their own use but not for publication by discretion of the respective parties. When required by administrative procedure in its country, each party may on its own responsibility disseminate or otherwise make use of information from the experiments.  INFO  INFO 
Art.8.3.ax  The project will not bear any responsibility for such information as is not approved by the project board and which is not contained in the project reports as specified in this Article VIII:1. In such cases the party should carefully consider the possible necessity of due reservations regarding the validity of the information with respect to the final total evaluation of the project results. During the period covered by the Agreement the parties may not without the consent of the project board supply information on project progress and resluts to organizations and companies outside the contracting Nordic countries, the Federal Republic of Germany, the United States, France and Japan.    INFO 
Art.8.4  4. Prior to the termination of the project, the project board must decide upon such results that may not be published.     
Art.8.5  5. Patentable or not patentable inventions made in the course of the project work shall be made available to the project; the party responsible for any such invention undertakes to give the right of use to the project, free of cost charge.    INFO 
Art.8.6  6. Patentable inventions made in the course of the project work shall be considered made by the inventor as member of his home organization and patent matters shall be settled by the respective party according to the laws and regulations in the respective country, provided, however, if a party decides to file patent applications for an invention in one or several countries, the other parties shall be granted non-exclusive royalty-free licences to use the invention in such countries, including the right to grant sublicences to organizations and companies of their own country.     
Art.8.7  7. Each party waives any and all claims against the other parties for compensation, royalty or award, as regards any inventions or discoveries, made in the course of, or under this Agreement and releases the other parties with respect to any and all such claims, including any claim under the provisions of the applicable employer-employee invention legislation of the participating countries.     
Art.8.8  8. When one party has previously been granted or has applied for patents on an invention which could have significance for carrying out the project, the right of use of this invention shall be granted the project free of cost charge by the respective party.     
Art.9  IX LIABILITY  SBF FINAD  FINPR IMPL 
Art.9.1  1. AES undertakes to maintain during the whole project period the following insurance protection.  RELA  RELA 
Art.9.1.ax  -Insurance of the equipment procured for the experimental work against fire, explosion, water pipe damage and/or damage to machinery, amounting to a total coverage of Skr 8 million.    SCIR 
Art.9.1.bx  - Insurance of the data records against loss through fire, theft, and transport accidents, amounting to a coverage of Skr 1 million.     
Art.9.1.cx  -Liability insurance covering personal injury and damage to property which befall the project personnel or third parties and for which a party to this Agreement or its personnel is responsible according to the applicable general rules. This insurance shal     
Art.9.2  2. The cost for the above insurances shall be paid by the project as a part of the project cost.     
Art.9.3  3. The non-Swedish parties shall not be liable for any indemnification in excess of the amounts stated above. In case of excess AES shall be liable for any indemnification whatsoever.  RELA  RELA 
Art.9.4  4. This Agreement shall not limit any right to compensation on the basis of the general rules which are applicable in each case for the indemnification of personal injury or damage to property.  SOVR   
Art.10  X ACCEPTANCE OF FURTHER PARTICIPANTS  HOBF SUBS  MEMB HOBF 
Art.10.1x  If other entities wish to join the project, the project board shall examine the economic and other conditions of such participation and prepare a recommendation thereon for the contracting parties. Acceptance of further participants requires unanimous agreement by the contracting parties.     
Art.11  XI UNFORESEEN OCCURRENCES AND RIGHT TO WITHDRAW  SBF SUBS FINPR RESV  SBF HOBF REVW AMND RESV 
Art.11.1  1. Should unforeseen occurrences put in doubt the achievement of the project objectives within the agreed time, budget or cost schedule, the project manager shall immediately report to the project board, which shall decide on the continuation. A decision to continue shall require the unanimous agreement of the parties, and must include necessary amendments of the time, budget or cost schedule as the case may be.     
Art.11.2  2. If a decision to continue the project can not be reached, then any party to this Agreement shall have the right to withdraw from the Agreement. In such a case the withdrawing party is under an obligation to fulfil its share of project commitments which originate prior to the date of the withdrawal. The withdrawing party has the right to all information produced by the project up to the date of withdrawal. The information will be supplied in the form existing at the date of withdrawal without processing of the data.  INFO   
Art.12  XII ARRANGEMENTS FOR TERMINATION OF THE PROJECT  FINAD SBF HOBF  FINPR HOBF REVW 
Art.12.1x  Equipment purchased within the project budget is regarded as being the property of the parties, each having a share in the percentage proportion to the financial contribution as given in Article VI:2.     
Art.12.2x  After the termination of the project such equipment which can still be utilized for other purposes will be evaluated under consideration of normal depreciation. AES will make up a list of such equipment and its value for approval by the project board.  RELA  RELA 
Art.12.3x  If AES with the approval of the project board decides to retain such equipment, the other parties will be credited in proportion to their financial grants.  RELA  RELA 
Art.12.4x  The project board shall decide upon the disposal of such remaining equipment as is not retained by AES.  RELA  RELA 
Art.12.5x  When selling equipment after the termination of the experiments, the costs for dismantling of such equipment and associated restoration shall be paid from the income of the sale of such equipment. The estimated economic net result shall be approved by the board before any action is taken in such matters.     
Art.12.6x  In case of a decision to terminate the project prior to its fulfilment, under the circumstances described in Article XI, AES undertakes to cancel the remaining delivery contracts and other remaining commitments for the project as soon as possible.  RELA  RELA 
Art.13  XIII COVENANT AGAINST CONTINGENT FEES  FINPR  SUBS IMPL 
Art.13.1x  The parties warrant that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the parties for the purpose of securing business. In case of any breach or violation of this warranty, the parties shall have the right to annul this contract without liability or at their discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.     
Art.14  XIV OFFICIALS NOT TO BENEFIT  FINPR  SUBS 
Art.14.1x  No member of or delegate to the U S Congress, or resident commissioner, shall be admitted to any share or part of this contract, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit.     
Art.15  XV DISPUTES  DISP  DISP CONC 
Art.15.1x  Any disputes between the parties involving other than AEC, concerning the application or interpretation of this Agreement, that are not satisfactorily settled through consultation, shall be submitted to Swedish court or, if so requested by one of the parties concerned, be referred for final settlement by arbitration in Stockholm according to the Swedish Act on arbitrators. With regard to any such dispute to which AEC is a party that are not satisfactorily settled through consultation, such disputes shall be decided by a court rather than by arbitration.  RELA  RELA 
Art.15.2x  This Agreement has been signed in nine copies, one for each party.  CONC   
Art.15.3x  [ED: Signatures omitted]     
Art.15.4x  1975 For COMMISSARIAT A L'ENERGIE ATOMIQUE FRANCE 1975 For ELECTRICITE DE FRANCE FRANCE 1975 For GESELLSCHAFT FÜR KERNENERGIEVERWERTUNG IN SCHIFFBATUND SCHIFFAHRT MBH FEDERAL REPUBLIC OF GERMANY For JAPAN ATOMIC ENERGY RESEARCH INSTITUTE JAPAN 1975 For UNITED STATES NUCLEAR REGULATORY COMMISSION (FORMER UNITED STATES ATOMIC ENERGY COMMISSION) USA For ATOMENERGIKOMMISSIONEN DENMARK 1975 For THE MINISTRY OF TRADE AND INDUSTRY FINLAND 1975 For INSTITUTT FOR ATOMENERGI NORWAY For AKTIEBOLAGET ATOMENERGI SWEDEN  RELA  RELA 
Please cite as:
Data from Ronald B. Mitchell. 2002-2017. International Environmental Agreements Database Project (Version 2014.3).
Available at: http://iea-archive.uoregon.edu/
Date accessed: 17 December 2017