ºÚÁÏÉçapp

The ºÚÁÏÉçapp Agreement was signed in Paris, France on 21 November 2006 and entered fully into force on 24 October 2007 after ratification by all Members. The depositary of the ºÚÁÏÉçapp Agreement is the Director-General of the International Atomic Energy Agency (IAEA).

The ºÚÁÏÉçapp Agreement outlines the ºÚÁÏÉçapp's purpose and functions and establishes its mandate to ensure the widest possible cooperation between Members for the success of the ºÚÁÏÉçapp Project. It defines the governance, structure, and role of the Organization, provides for the budget, and defines the relations of the ºÚÁÏÉçapp with external bodies. In particular, the ºÚÁÏÉçapp Agreement provides for very specific rules on the sharing among the Members of information and intellectual property developed in the framework of the ºÚÁÏÉçapp Project.

The ºÚÁÏÉçapp Agreement adopts the usual wording of treaty-style documents and contains standard provisions which can be found in treaties establishing other international organizations. But the document also includes a unique provision relating to the observance by the ºÚÁÏÉçapp of applicable laws and regulations of the Host State (France) in certain domains (see Legal Capacity, below).

Like other intergovernmental organizations, the ºÚÁÏÉçapp enjoys privileges and immunities on the territories of the seven Members in order to avoid undue influence from any particular Member. This is provided for by the Agreement on Privileges and Immunities signed by six of the Members and the International Organizations Immunities Act of the US.

The ºÚÁÏÉçapp Agreement on Privileges and Immunities was signed on 21 November 2006 and entered into force on 24 October 2007. The depositary of the Privileges and Immunities Agreement is the Director-General of the IAEA.

For the implementation of the privileges and immunities of the ºÚÁÏÉçapp on the territory of the Host State (France), the ºÚÁÏÉçapp signed a Headquarters Agreement with the French government. (Consult the French version .)

According to Article 2 of the ºÚÁÏÉçapp Agreement, the purpose of the ºÚÁÏÉçapp shall be: "to provide for and to promote cooperation among the Members ... on the ºÚÁÏÉçapp Project, an international project that aims to demonstrate the scientific and technological feasibility of fusion energy for peaceful purposes, an essential feature of which would be achieving sustained fusion power generation."

Article 3 lists the functions of the ºÚÁÏÉçapp:

• construct, operate, exploit and de-activate the ºÚÁÏÉçapp facilities in accordance with the technical objectives and the general design presented in the Final Report of the ºÚÁÏÉçapp Engineering Design Activities (ºÚÁÏÉçapp EDA Documentation Series No. 21) and such supplemental technical documents as may be adopted, as necessary, in accordance with this Agreement and provide for the decommissioning of the ºÚÁÏÉçapp facilities;
• encourage the exploitation of the ºÚÁÏÉçapp facilities by the laboratories, other institutions and personnel participating in the fusion energy research and development programs of the Members;
• promote public understanding and acceptance of fusion energy;
• undertake, in accordance with [the ºÚÁÏÉçapp] Agreement, any other activities that are necessary to achieve its purpose.

In order to carry out its activities, the ºÚÁÏÉçapp has been granted legal personality both at the international and the internal level (Article 5 of the ºÚÁÏÉçapp Agreement).

As such, the ºÚÁÏÉçapp has the capacity to conclude agreements with States and/or other international organizations and the capacity to conclude contracts, acquire, hold and dispose of property, obtain licenses and initiate legal proceedings in the territories of the seven Members of the ºÚÁÏÉçapp.

The ºÚÁÏÉçapp, like other intergovernmental organizations, is a subject of international law and must comply with the general principles of international law.

Due to the nuclear nature of the activities carried out by the ºÚÁÏÉçapp, however, the Parties to the ºÚÁÏÉçapp Agreement stipulated that the ºÚÁÏÉçapp shall observe applicable national laws and regulations of the Host State in the fields of public and occupational health and safety, nuclear safety, radiation protection, licensing, nuclear substances, environmental protection and protection from acts of malevolence (Article 14).

As a result, the ºÚÁÏÉçapp has the legal status of "nuclear operator" under French nuclear law. In November 2012, the ºÚÁÏÉçapp was granted the authorization to create the ºÚÁÏÉçapp Basic Nuclear Installation by the French state (the decree can be consulted in French ).

Further reading:

L. Grammatico-Vidal, "" NEA Nuclear Law Bulletin 84, no. 2 (2009): 103-113.

The Members of the ºÚÁÏÉçapp are the seven Parties who signed the ºÚÁÏÉçapp Agreement: the People's Republic of China, the European Atomic Energy Community (Euratom), the Republic of India, Japan, the Republic of Korea, the Russian Federation and the United States of America.

However, after the entry into force of the ºÚÁÏÉçapp Agreement, any State or international organization may accede to and become a Party to the Agreement following a unanimous decision of the ºÚÁÏÉçapp Council. Any State or international organization that wishes to accede to the Agreement must notify the Director-General of the ºÚÁÏÉçapp, who will inform the Members of the request at least six months before it is submitted to the Council for decision. The Council will then determine the conditions of accession of any State or international organization (Article 23).

As with any intergovernmental organization, the ºÚÁÏÉçapp has a governing body, which is the principal organ of the organization, and an executive body.

The governing body of the ºÚÁÏÉçapp is the ºÚÁÏÉçapp Council, composed of representatives of each Member of the ºÚÁÏÉçapp. You can read more about ºÚÁÏÉçapp governance here.

The resources of the ºÚÁÏÉçapp are divided into two categories: in-cash resources and in-kind resources.

On one hand, the Members of the ºÚÁÏÉçapp contribute to the project by providing components, equipment, materials, buildings, and other goods and services and may recommend staff (in-kind contributions). On the other hand, the ºÚÁÏÉçapp Members provide financial contributions to the budget of the ºÚÁÏÉçapp (in-cash contributions).  Additionally, the ºÚÁÏÉçapp may receive further resources, either in cash or in-kind, within limits and under terms approved by the ºÚÁÏÉçapp Council.

Each Member provides its in-kind contributions to the ºÚÁÏÉçapp through its respective Domestic Agency, except where otherwise agreed by the Council.

Pursuant to Article 19 of the ºÚÁÏÉçapp Agreement, the ºÚÁÏÉçapp may, in furtherance of its purpose, cooperate with other international organizations, institutions, non-Members, and the organizations and institutions of non-Member countries. The detailed arrangements for such cooperation are determined in each case by the Council.

The ºÚÁÏÉçapp has signed cooperation agreements and arrangements on international cooperation with various organizations.

Partnership Arrangement with the Principality of Monaco

A Partnership Arrangement was signed between the ºÚÁÏÉçapp and the Principality of Monaco in January 2008 that established the creation of five Postdoctoral Fellowships positions (appointed every two years, for two-year appointments). (The 2008 Partnership Arrangement also provided for three international conferences on ºÚÁÏÉçapp-related research—the Monaco ºÚÁÏÉçapp International Fusion Energy Days (MIIFED)—held in 2010, 2013 and 2016.) In January 2018, the Partnership Arrangement with the Principality of Monaco was renewed for ten years

Cooperation Agreement with CERN
A Cooperation Agreement was signed between the ºÚÁÏÉçapp and the European Organization for Nuclear Research (CERN) in March 2008 that makes the long experience of CERN available to ºÚÁÏÉçapp in areas of technology (superconductivity, magnets and cryogenics) and administration.

Cooperation Agreement with the International Atomic Energy Agency

A Cooperation Agreement was signed between the ºÚÁÏÉçapp and the International Atomic Energy Agency (IAEA) in October 2008 to enhance research on fusion and strengthen the working relationship between the two organizations. The Agreement includes the exchange of study results relating to fusion energy and cooperation on training, publications, conferences, research, modelling, and safety and security.

Cooperation Agreement with the Australian Nuclear Science and Technology Organisation (ANSTO)

In September 2016, the ºÚÁÏÉçapp signed a Cooperation Agreement with the Australian Nuclear Science and Technology Organisation (ANSTO)—a national research organization representing the Australian nuclear fusion community. Cooperation is envisaged in the areas of diagnostics, materials, superconducting technology, and fusion plasma theory and modelling.

Cooperation Agreement with Kazakhstan

The ºÚÁÏÉçapp and the National Nuclear Center of the Republic of Kazakhstan signed a Cooperation Agreement in June 2017. Agreement scope includes the technical exchange of experts, access to Kazakhstan's KTM tokamak for materials testing, and the development of diagnostics for ºÚÁÏÉçapp.

Cooperation Agreement with Canada

The ºÚÁÏÉçapp and the Government of Canada signed a Cooperation Agreement in October 2020 that sets out the terms of cooperation for the transfer of Canadian-supplied nuclear material (tritium), and tritium-related equipment and technology.

Memoranda of Understanding on Academic and Scientific Cooperation

The ºÚÁÏÉçapp regularly signs Memoranda of Understanding on academic and scientific cooperation with universities and research institutions in the ºÚÁÏÉçapp Members to promote cooperation and exchange in all academic and scientific fields of mutual interest and to advance the training of young fusion researchers. The up-to-date list is always published in the Annual Report.