Section 4
Project Resource Management Regulations of
the ITER Organization: ITER_D_2ENZ56 v 6.0
(Sixth Edition)
First Edition:
The Project Resource Management Regulations of the ITER Organization were approved at the First
Meeting of the Interim ITER Council on a provisional basis (21 November 2006), and were
subsequently confirmed by the First Meeting of the ITER Council (27-28 November 2007).
Second Edition:
A Revision of the Project Resource Management Regulations of the ITER Organization was approved
at the second Meeting of the ITER Council (17-18 June 2008).
Third Edition:
A Revision of the Project Resource Management Regulations of the ITER Organization was approved
at the Fourth Meeting of the ITER Council (17-18 June 2009).
Fourth Edition:
A Revision of the Project Resource Management Regulations of the ITER Organization was approved
at the Fifth Meeting of the ITER Council (18-19 November 2009).
Fifth Edition:
A Revision of the Project Resource Management Regulations of the ITER Organization was approved
at the Sixth Meeting of the ITER Council (16-17 June 2010).
Sixth Edition:
A Revision of the Project Resource Management Regulations of the ITER Organization was approved
at the Eleventh Meeting of the ITER Council (28-29 November 2012).
This document is commonly known as the PRMR.
PRMR
Sixth Edition, November 2012
Amendments to the Project Resource Management Regulations
Amendment effective 18 June 2008
Amendment concerning design changes, budget transfers, management of assets, procurement
thresholds for awarding contracts and specific procurement actions.
Article I.5.6
Budgetary nomenclature
Article II.4.2
Impact of design changes in the course of procurements
Article III.8
Financial thresholds for awarding contracts
Article III.16
Assets
Annex to Chapter III (4 & 5)
Invitation expression of interest
Annex to Chapter III (12 & 13) Financial thresholds for awarding contracts
Amendment effective 18 June 2009
Amendment concerning changes and expansion on Internal Audit
Article I.7
Internal Audit
Annex to Chapter I
Internal Audit Charter
Amendment effective 19 November 2009
Amendment clarifying the reporting requirements through the Annual Financial Statements and adding
a task to the Scope of the Internal Audit Service.
Article III.17
Presenting and Auditing of Accounts
Article III.18
External Financial Audit
Annex to Chapter I Article (3), Paragraph 3 (q)
Internal Audit Charter
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Amendment effective 17 June 2010
Amendment improving the transparency, accounting and crediting of in-kind contributions through
Task Agreements and Secondments.
Article II.5
Implementing Measures for Contributions In Kind
Article III.12.4
Recognition of the in-kind contributions
Amendment effective 29 November 2012
Amendment concerning the unused Payment Appropriations, the increase of thresholds for contract
approval by MAC, the strengthening of the roles and responsibilities of the Finance and Budget
Division Officers, the simplification of some budget, control and procurement principles in order to
allow more flexibility for the Project, the adjustment of the thresholds for the award of contracts, the
creation of a Review Board to handle complaints related to the implementation of the Procurement
Procedures and the clarification of the starting date of the accumulation of the decommissioning
Funds.
Article III.6
Unused Appropriations
Article III. 8
Implementation of Budget – Contract Award and Task
Agreement
Article III.9
Principles of Budget Implementation
Article III.13
Authorization of Financial Commitment
Article III.14
Authorization of Payment
Annex to Chapter III, Articles 13
Awarding Contract
Annex to Chapter III, Article 19
Review Board
Chapter IV, Article 4
Accumulation of the Decommissioning Fund
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Project Resource Management Regulations
Contents
Chapter I: General Regulations
2.4.1
Article I.1: Scope and Purpose of the Regulations
Article I.2: Resources of the ITER Organization
Article I.3: Cost Sharing
Article I.4: Domestic Agencies
Article I.5: ITER Project Plan and Resource Estimates
Article I.6: Assets (transferred from Article III.16)
Article I.7 Internal Audit
2.4.1
2.4.1
2.4.1
2.4.1
2.4.2
2.4.3
2.4.3
Annex to Chapter 1: Internal Audit Charter
2.4.4
Chapter II: Regulations Applying to the Management of
Contributions In Kind to the ITER Organization
2.4.7
Article II.1: Allocation of Responsibilities to Contribute in Kind
Article II.2: Regulation of Contributions in Kind
Article II.3: Adjustments to Allocations
Article II.4: Adjustments for Design Changes
Article II.5: Implementing Measures for Contributions in Kind
2.4.7
2.4.7
2.4.8
2.4.8
2.4.9
Chapter III: Regulations Applying to the Cash Resources
of the ITER Organization
2.4.10
Article III.1: General Principles
Article III.2: Budgetary Principles
Article III.3: Currency
Article III.4: Presentation and Adoption of the Budget
Article III.5: Supplementary Budgets
Article III.6: Unused Appropriations
Article III.7: Late Adoption of the Budget
Article III.8: Implementation of the Budget
Article III.9: Principles of Budget Implementation
Article III.10: Internal Audit
Article III.11: Budget Transfers
Article III.12: Members' Contributions in Cash
Article III.13: Authorization of Financial Commitment
Article III.14: Authorization of Payment
Article III.15: Awarding of Contracts
2.4.10
2.4.10
2.4.10
2.4.10
2.4.11
2.4.11
2.4.11
2.4.12
2.4.12
2.4.13
2.4.13
2.4.13
2.4.14
2.4.14
2.4.14
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Article III.16: Assets (transferred to Article I.6)
Article III.17: Presenting and Auditing of Accounts
Article III.18: External Financial Audit
Article III.19: Implementing Measures
Article III.20: Adjustments for Inflation
Article III.21: Internal Taxation
2.4.14
2.4.15
2.4.15
2.4.15
2.4.16
2.4.16
Annex to Chapter III: Awarding of Contracts
2.4.17
Chapter IV: Regulations Applying to the Decommissioning Fund
2.4.20
Article IV.1: Joint Establishment of Decommissioning Fund
Article IV.2: Requirements of Licensing Authority
Article IV.3: Scope and Amount of the Decommissioning Fund
Article IV.4: Accumulation of the Decommissioning Fund
Article IV.5: Management of the Decommissioning Fund
Article IV.6: Accessions and Withdrawals
Article IV.7: Changes in the Planned Final Value of the Decommissioning Fund
Article IV.8: Transfer of the Decommissioning Fund
Article IV.9: Take Back Provisions
2.4.20
2.4.20
2.4.20
2.4.20
2.4.20
2.4.21
2.4.21
2.4.22
2.4.22
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Project Resource Management Regulations
Chapter I: General Regulations
Article I.1: Scope and Purpose of the Regulations
I.1: The following Regulations shall govern the administration of the resources of the ITER
Organization. Their purpose is to ensure the economical and sound management of the resources of
the ITER Organization in pursuit of its purpose.
Article I.2: Resources of the ITER Organization
I.2.1: The resources of the ITER Organization shall comprise:
(a) specific components and items of equipment, consumable equipment and materials, other
goods and services and seconded staff contributed by the Members, hereinafter referred to as
“contributions in kind”;
(b) financial contributions by the Members to the Budget of the ITER Organization, including
contributions made in respect of the Decommissioning Fund to be established under Article
16 of the Agreement, hereinafter referred to as “contributions in cash”;
(c) additional resources received either in cash or in kind under terms approved by the ITER
Council (hereinafter “the Council”).
I.2.2: All resources of the ITER Organization shall be used to promote the purpose and to exercise the
functions of the ITER Organization as set out in Articles 2 and 3 of the Agreement. The Council shall
determine the application of additional resources received under Article 1.2.1 c) above.
I.2.3: The agreed attributed values of contributions in kind shall be expressed in fixed value terms as in
the “Common Understanding on Procurement Allocation” which shall be updated by the Council as
and when appropriate. The Council shall establish rules and procedures for determining the equivalent
values of contributions in cash and for normalizing current cash transactions in relation to the values of
contributions in kind.
Article I.3: Cost Sharing
I.3: The Members shall contribute resources to the various phases of the ITER project in accordance
with the overall cost sharing scheme, “Cost Sharing for all Phases of the ITER Project” subdivided
between in-kind and in-cash contributions as set out in “the Common Understanding on Procurement
Allocation”
Article I.4: Domestic Agencies
I.4: Each Member shall designate an appropriate entity, hereinafter “Domestic Agency”, in accordance
with Article 8.4, of the Agreement, through which it shall provide its contributions to the ITER
Organization except where otherwise agreed by the Council. Members may provide their cash
contributions directly.
2.4.1
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Article I.5: ITER Project Plan and Resource Estimates
I.5.1: The ITER Director-General (hereinafter “the Director-General”) shall prepare each year for
submission to the Council before 31 March the ITER Project Plan and Resource Estimates.
I.5.2: The ITER Project Plan shall specify the plan for the execution of all functions of the ITER
Organization. It shall cover the entire duration of the Agreement and be regularly updated. It shall:
(a) outline an overall plan including time schedule and major milestones, for the fulfilment of the
purpose of the ITER Organization and summarize the progress of the Project in relation to
the overall plan;
(b) present specific objectives and schedules of the programme of activities of the ITER
Organization for the coming five years or for the period of construction, whichever will last
longer;
(c) provide appropriate commentaries including assessment of the risks to the project and
descriptions of risk avoidance or mitigation measures.
I.5.3: The ITER Resource Estimates shall provide a comprehensive analysis of the resources already
expended and required in the future to undertake the ITER Project Plan and of the plans for the
provision of the resources. In particular they shall include:
(a) overall estimates and schedules of the resources required for the entire duration of the ITER
Organization distinguishing between contributions in kind, contributions in cash and other
provisions of resources, if any;
(b) statements for past years and forecasts for each of the following five years or for the period
of construction, whichever will last longer:
1. the accruals of earned value during procurement and delivery to the ITER Organization
from each of the Members of contributions in kind;
2. the ITER Organization’s past and estimated future cash expenditure and the accruals of
earned value from expenditures by the Organization;
3. contributions in cash from each of the Members;
4. staffing, and
5. provisions of other resources, if any;
(c) appropriate commentaries on the data provided including information on changes that have
occurred since the previous version.
I.5.4: The total contribution in cash for each year in I.5.3 b) above shall be shared between the Members in
each year in proportion to each Member’s share of the total requirements for contributions in cash to the
applicable phases of the project, taking account of the Members’ contributions in kind.
I.5.5: The Estimates shall include a complement of posts for directly-employed and seconded staff for
each of the following five years or for the period of construction whichever will last longer, which shall
define the maximum staff strength of the ITER Organization over that period.
I.5.6: The resource estimates shall be broken down by the major phases of the ITER Organization's
activities and shall be further sub-divided by Titles, Chapters and Articles in relation to a work
breakdown structure which the Council shall adopt and may modify from time to time.
I.5.7: Upon approval by the Council of the ITER Project Plan and Resource Estimates, the DirectorGeneral shall forthwith transmit them to the Members.
2.4.2
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I.5.8: The Director-General shall report regularly to the Council and as otherwise directed by the
Council on the progress of the project and on the utilization of the Project resources in relation to the
ITER Project Plan and Resource Estimates.
Article I.6: Assets (transferred from Article III.16)
I.6: Permanent records of moveable and immovable property belonging to the ITER Organization
shall be kept in accordance with the conditions laid down in the Implementing Measures provided for
in Article III.19; the record for moveable property shall be in the form of a quantitative register of
items satisfying the following conditions:
(a) having a normal useful life in excess of two years;
(b) retaining their separate identity during their life;
(c) not being a consumable item;
(d) having an original value of not less than 3 IUA.
Article I.7 Internal Audit
I.7.1 The Director-General shall establish an Internal Audit Service under his own authority.
I.7.2 The purpose, authority and responsibility of the Internal Audit Service shall be defined in the
Internal Audit Charter which is annexed to the Regulations.
I.7.3 The Internal Audit Service shall report directly to the Director-General on a routine basis and
shall report, after consultation with the Director-General, to the Financial Audit Board on significant
internal audit matters.
I.7.4 The measures taken in respect of appointment and promotion, disciplinary action or transfer of
the Head of the Internal Audit Service shall be subject to reasoned decisions to be forwarded for
information, to the ITER Council and the Financial Audit Board.
I.7.5 Upon request from the ITER Council and the Financial Audit Board, the Director-General shall
make available the records established by the Internal Audit Service.
2.4.3
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ANNEX TO CHAPTER I
INTERNAL AUDIT CHARTER
Article 1 – Purpose
1. The Internal Audit Service shall provide independent, objective assurance and consulting activity to
add value and improve the ITER Organization’s administration and operations. It shall help the
ITER Organization accomplish its objectives by bringing a systematic, disciplined approach to
evaluate and improve the effectiveness of organizational risk management, control and governance
processes.
2. The Internal Audit Service shall assist the Director-General of the ITER Organization in the
effective discharge of his responsibilities by furnishing him with objective analyses, appraisals,
recommendations, counsel, and information concerning the activities reviewed.
Article 2 – Authority
1. The Internal Audit Service shall, in carrying out an assignment duly approved in accordance with
Article 3.3. c) of the Charter, have full and unrestricted access to information and records at the
ITER Organization except such information and records pertaining to export control and defenserelated confidential and classified data.
2. The Internal Audit Service shall, in carrying out an assignment duly approved in accordance with
Article 3.3 c) of the Charter, have full and unrestricted access to ITER personnel and physical
property of ITER with due respect to the Safety Regulations.
3. Subject to the limitations defined in Sections 1 and 2 of Article 2, the Internal Audit Service shall, in
carrying out the duly-approved assignment, be authorized to:
a) Examine any and all ITER files, records, books, data, and any other materials, either on paper or
in electronic form, related to the ITER Organization, as and when deemed necessary;
b) Take temporary possession of any material, information or data referred to above, against
written receipt if requested, and make copies for official use;
c) Require, with the knowledge of the Director-General, Principal Deputy Director-General,
Deputy Director-General, or Head of the Division or Office concerned, any ITER staff
members and short-term appointees to supply information orally or in writing, on any matter
relating to the administration and operations of the ITER Organization, and within the
knowledge of such staff members and short-term appointees; and
d) Hold any information, knowledge, and material that have been acquired in the course of the
assignment in appropriate confidence.
4. Subject to the limitations defined in the above Sections 1 and 2 of Article 2, the Internal Audit
Service shall receive no instructions in the execution of the audit and related services that have been
agreed with the Director-General.
2.4.4
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Article 3 – Responsibility
1. The Internal Audit Service shall not have direct responsibility over any of the activities or operations
that it reviews. It should not develop and install procedures, prepare records, or engage in activities
that would normally be reviewed by the Internal Audit Service.
2. The Head of the Internal Audit Service shall be responsible for ensuring that activities of the Service
are carried out in accordance with The Institute of Internal Auditors’ International Professional
Practice Framework.
3. The scope of the Internal Audit Service shall:
a) Review the adequacy and effectiveness of management systems for organizational risk
management, control and governance;
b) Review the adequacy and effectiveness of management systems for strategic and annual planning
and objective setting, and ensure that the annual internal audit plan is designed to reflect the
management’s priorities and assessed risks;
c) Communicate the Internal Audit Service’s plans and resource requirements, including significant
interim changes, to the Director-General and the Financial Audit Board for review and approval;
d) Review established systems, policies and procedures to determine if they are adequate to ensure
compliance by the ITER Organization, Departments and Offices with the Project Resource
Management Regulations (PRMR), Implementing Measures of the PRMR (Implementing
Measures), International Public Sector Accounting Standards (IPSAS), and internationally
recognized standards on enterprise risk management framework and internal controls;
e) Examine and verify the reliability and integrity of budgetary, financial, accounting,
administrative, managerial, operational, and other information, both computer-based and
manually maintained;
f) Assess adequacy of the controls in place to ensure legality and regularity of the implementation
of the budget and soundness of the financial management of ITER;
g) Evaluate reliability of the manual and computerized systems used to prepare the Financial
Statements in accordance with the PRMR and IPSAS;
h) Assess the performance of organizational units to ascertain whether defined objectives have
been achieved and whether those objectives were achieved efficiently;
i) Provide independent appraisals, analyses, recommendations, and other pertinent comments on
the effectiveness of IT governance, including planning, acquisition, installations, and
applications; and in the process, to determine whether the IT system and its implementation
meet the needs of its users, safeguard data and assets, detect fraud and abuse to the extent
feasible, maintain data integrity, adhere to management policies, achieve organizational
objectives effectively, and consume computer resources efficiently;
j) Review adequacy of safeguarding the assets, personnel, information, knowledge and reputation
of the ITER Organization;
2.4.5
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k) Advise on any matter relating to the above, including involvement as an independent advisor in
the formulation of policies, systems and procedures of the ITER Organization;
l) Assist in the formulation of appropriate procedures to be adopted under the antifraud policy to
ensure that all staff members of the ITER Organization and seconded staff adhere to the highest
standards of ethical conduct; and to act as the initial point of contact for allegations of financial
fraud and corruption;
m) Ensure adequate systems are in place to detect fraudulent, wasteful and uneconomical practices
or inefficiencies; and to recommend appropriate improvements;
n) Coordinate and participate in investigations on fraud and abuse in relation to the item above, as
appropriate; the investigations shall be coordinated with the Management of the ITER
Organization, Legal Counsel, and other specialists as appropriate;
o) Review the ITER Organization’s guidelines for ethics and the process for ensuring compliance;
and
p) Conduct special inspections and examinations at the request of the Director-General.
q) Prepare an annual risk assessment of the ITER Organization’s business and financial
management operations for establishing the annual Internal Audit Schedule. The risk
assessment shall be submitted to the Director-General and the Financial Audit Board each year
no later than 31 December.
2.4.6
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Chapter II: Regulations Applying to the Management of Contributions In Kind
to the ITER Organization
Article II.1: Allocation of Responsibilities to Contribute in Kind
II.1: The Council shall adopt and update regularly in accordance with the approved ITER Project Plan
a comprehensive list of the specific contributions in kind that each Member should provide to the
ITER Organization. The list shall show the agreed attributed values and planned timescales, including
delivery dates of the specific contributions.
Article II.2: Regulation of Contributions in Kind
II.2.1: Each contribution in kind shall be the object of a Procurement Arrangement agreed between the
ITER Organization and the Domestic Agency of the Member concerned.
II.2.2: The Procurement Arrangement shall provide a detailed technical description of the contribution
to be made including the technical specifications, schedules, milestones, risk assessments and
deliverables, including criteria for their acceptance, and shall set out the arrangements by which the
Director-General will be enabled to exercise technical authority over the performance of the work
needed to provide the contribution. The Procurement Arrangement shall, in particular, specify:
(a) the attributed value of the contribution;
(b) the roles and responsibilities of the ITER Organization and the Domestic Agency;
(c) the procedure for procurement including, as appropriate, the tender process, the evaluation of
tenders, the selection of vendor and the award of contract;
(d) provisions for earned value management and risk management;
(e) the schedule and conditions for the acceptance of achievement of milestones and deliverables
and the associated accrual of earned value;
(f) the application of Quality Assurance measures;
(g) provisions for interaction and monitoring procedures between the ITER Organization, the
Domestic Agency and the industry(ies), institutes, laboratories or other organizations
concerned in supplying the deliverables;
(h) provisions for change controls in accordance with agreed project guidelines, including
possible adjustments to the attributed value of the contribution or other related measures;
(i) shipping requirements and associated documentation;
(j) provisions for the acceptance of the final deliverable and transfer of ownership;
(k) special provisions, if any, for the ITER Organization to issue and implement contract(s) as
part of the contribution.
II.2.3: The general terms and the procedures for the conclusion of Procurement Arrangements shall be
determined by the Council.
II.2.4: Upon acceptance of a contribution in kind, the ownership shall be transferred to the ITER
Organization unless otherwise agreed between the ITER Organization and the Domestic Agency.
2.4.7
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II.2.5: In the case of seconded staff, the procurement arrangement shall take the form of a secondment
agreement. The value attributed to seconded staff shall be set taking account of the costs of staff
employed by the ITER Organization in comparable positions and other direct costs that the ITER
Organization will incur in association with secondments.
Article II.3: Adjustments to Allocations
II.3.1: In exceptional circumstances, following consultation with the Director-General and subject to
the approval of the ITER Council, a Member may:
1. undertake to make contributions in kind additional to those for which it had responsibility
under Article II.1. Such contributions may reduce by an equivalent amount the Member's
obligation to contribute in cash to the budget of the ITER Organization;
2. renounce obligations to contribute in kind for which it had accepted responsibility under II.1
or II.3.1 above, in which case it shall accept the obligation to provide an additional contribution
in cash sufficient to enable the ITER Organization to procure the items so renounced;
3. in agreement with another Member or Members, transfer to or receive from such other
Member or Members an obligation to provide a specific contribution in kind, in which case the
changes in obligations of each Member shall be duly accounted for and appropriate measures
taken to adjust the Members’ obligations to accord with the cost sharing referred to in Article
I.3.
II.3.2: The Director-General may make representations to the Council concerning any such proposals,
including requests, if necessary, to rectify the Budget in accordance with Article III.5 of these
Regulations.
Article II.4: Adjustments for Design Changes
II.4.1: If, as a consequence of a change in design approved by the Council under Article 3a of the
Agreement, the specification of a system or component within the responsibility of a Member changes
and the Member expects a change in cost to the Member exceeding a cumulative threshold as shall be
determined by Council, then the Member may request the Council to consider a remedy. It is the
responsibility of the Member to demonstrate to the Council’s satisfaction the cost impact of the change
and that it cannot be otherwise accommodated. In the case that the change would lead to a reduction in
cost the Director-General, following consultations with the Member(s) concerned, may propose to the
Council to reduce the attributed value accordingly.
II.4.2: In the case of a design change that occurs in the course of procurement of an ITER component,
this change is managed in accordance with the applicable provisions of the Implementing Measures to
be established in accordance with Article II.5, which define procedures, thresholds and authority of
change management. The impact of the change shall be accounted for by the ITER Organization,
evaluated in the fixed value terms referred to in Article I.2.3. The cumulative impact of such changes
during the course of any phase of ITER will be managed by the ITER Organization, with the objective
of balancing the contributions of the Members or otherwise compensating them as may be agreed by
the ITER Council.
2.4.8
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Article II.5: Implementing Measures for Contributions in Kind
II.5: On proposal by the Director-General, the Council shall establish the measures required for
implementing the Regulations of this Chapter. These implementing measures will in particular include
Guidelines for the management of procurements in kind, including:
• earned value management;
• management of changes, including design, manufacturing process flow sheet, quality assurance
plan and project schedule;
• risk management;
• quality management;
• determining the credit value and recognition of seconded staff;
• determining the credit value and recognition of Task Agreements.
2.4.9
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Chapter III: Regulations Applying to the Cash Resources of the ITER
Organization
Article III.1: General Principles
III.1.1: The following Regulations shall govern the administration of the cash resources of the ITER
Organization regardless of the sources and applications of funds.
III.1.2: The annual budget of the ITER Organization, hereinafter called “the Budget”, shall be the
instrument which shall authorize annually and in advance the estimated expenditure and income of the
ITER Organization.
III.1.3: The Budget shall contain commitment appropriations, payment appropriations, and a statement
of income. Commitment appropriations represent the upper limit of the legal obligations which can be
met from the Budget. The payment appropriations represent the upper limit of payments to be made in
the course of each financial year to cover the commitments entered into in the course of that same year
or previous years. The Statement of Income shall equal the Payments Appropriations for the year.
III.1.4: The financial year shall correspond to the calendar year.
III.1.5: In these Regulations, the term ‘expenditure’ shall cover commitments and payments.
Article III.2: Budgetary Principles
III.2.1: All income and expenditure shall be credited or charged against an article in the Budget. No
commitment or payment shall be entered into in excess of the allotted appropriations.
III.2.2: There shall be no offset of income against expenditure save for cash and trade discounts and
adjustments of amounts paid or received in error.
III.2.3: The appropriations entered in the Budget shall be used in accordance with the principles of
economy and sound financial management.
Article III.3: Currency
III.3.1: The Budget shall be drawn up in Euro.
Article III.4: Presentation and Adoption of the Budget
III.4.1: Based upon the approved ITER Resource Estimates, and the forecasts of cash expenditures
and contributions in cash from the Members and expected additional resources provided in cash to the
ITER Organization under Article I.2.1 c), the Director-General shall prepare and submit to the Council
by 31 October each year:
1. the Draft Budget for the following year;
2. the Interim Draft Budget for the year following the Draft Budget year;
3. the Preliminary Draft Budget for the year following the Interim Draft Budget Year.
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III.4.2: The Draft Budget statements referred to in Article III.4.1 shall be sub-divided in accordance
with the work breakdown structure used for the Project Resource Estimates as agreed from time to
time by the Council. Further sub-divisions will be made as proposed by the Director-General. The
Draft Budget statements shall be drawn up and detailed in accordance with the Implementing Measures
provided for in Article III.19 and shall, in particular, show:
(a) the new appropriations proposed for the Budget years by phases, and further sub-divisions;
(b) under the same headings, the appropriations available for the current year including any carryover, and estimated expenditure in the current year;
(c) for each sub-division appropriate commentaries;
(d) in an annex, the number of posts for each category of staff.
III.4.3: The Council shall adopt the Budget of the ITER Organization normally at least one month
before the start of the Budget year, and shall approve the statements of the Interim Draft Budget and
of the Preliminary Draft Budget for their respective Budget years.
III.4.4: Upon the adoption of the Budget and the approvals of the Interim Draft Budget and of the
Preliminary Draft Budget, the Director-General shall forthwith transmit to the Members the budgetary
information as approved.
Article III.5: Supplementary Budgets
III.5.1: The Director-General may present draft supplementary or rectifying Budgets during the
financial year, if and when necessary.
III.5.2: Such supplementary or rectifying Budgets shall be presented, adopted and notified to the
Members in the same manner and through the same procedure as the Budget whose estimates they
modify. They must be justified by reference to that Budget.
Article III.6: Unused Appropriations
III.6.1: Commitment appropriations not used by the end of the financial year shall remain valid for the
purpose for which they were established.
III.6.2: At the end of the financial year those unspent payment appropriations shall be transferred to
the following year (within the same budget heading and for a maximum of 2 years).
Article III.7: Late Adoption of the Budget
III.7.1: If the Budget is not adopted at the beginning of the financial year, the total commitment
appropriations, sub-divided at a level as determined by Council, which may be entered into monthly
shall be subject to a limit of one quarter of the commitment appropriations of the previous financial
year, with the addition of one twelfth for each month past.
III.7.2: Payments shall be made, as they fall due, against current year commitments authorized under
Article III.7.1 above, and against commitments outstanding from prior years.
However, all such payments shall be strictly in accordance with the terms of individual contracts, or
when no contract terms are applicable, in accordance with normal commercial practice. To meet these
payments the Members shall advance contributions in conformity with the financial regulations of their
respective Designated Agencies.
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Article III.8: Implementation of the Budget
III.8: Adoption of the Budget by the Council shall constitute an authorization to the Director-General
to issue to the Members the call for contributions in respect of the budget year and to enter into
expenditure as from the start of the year in accordance with that budget, save for the following which
shall be subject to prior approval by the ITER Council Management Advisory Committee:
i. contract award in excess of 5,000,000 Euro, following full competitive tender, with the exception of
Framework Contracts;
ii. contract award in excess of 2,500,000 Euro, following full competitive tender for Framework
Contracts;
iii. Task Agreements in excess of 2,500,000 Euro;
iv. contract award in excess of 1,000,000 Euro, on single or limited tendering, except in cases of
proven urgency, in which case the Director-General shall immediately inform the ITER Council
Management Advisory Committee of the circumstances and of the actions taken;
v. proposals for expenditure on staff amenities in excess of 50,000 Euro.
In determining the values above, all relevant expenditure, except staff salaries, shall be aggregated,
notwithstanding that the value of each individual contract within the proposal could be less than the
approval limit.
Article III.9: Principles of Budget Implementation
III.9.1: The implementation of the Budget shall be carried out according to the principle of separation
of authorizing and accounting officers.
Under the guidance of the Head of the Finance and Budget Division, the Accounting Officer, Budget
Officer and Financial Controller act as defined below:
The Accounting Officer receives from the Authorizing Officer (Sub-delegated Authorizing Officers),
all the information necessary for the production of accounts which give a true image of the ITER
Organization’s assets and budgetary implementation.
The Accounting Officer alone is empowered to manage monies, credits and other assets, and is
responsible for their safekeeping.
The Budget Officer is responsible for preparing, monitoring and controlling the annual and lifecycle
budget plans, and for coordinating cost issues.
The Budget Officer is responsible for preparing, monitoring and controlling the annual and lifecycle
budget plans, and for coordinating cost issues.The Financial Controller verifies whether the financial
transactions meet the requirements of the PRMR and Implementing Measures as well as any other
financial internal rule (e.g. Internal Administrative Circular).
III.9.2: The authorizing officer shall be the Director-General who alone shall have the power, without
prejudice to any delegation of his powers decided by him/her, to enter into expenditure, to establish
the sums due to be collected and issue receivable orders and payment orders. In entering into
expenditure, the Authorizing Officer shall take into account the advice of the Head of the Finance and
Budget Division.
III.9.3: The Head of the Finance and Budget Division shall be responsible to the Director-General for
the correct application of these Regulations. In particular he shall manage the ITER Organization’s
financial resources; compile the budget; prepare annual and other periodical budgetary reports; check
financial operations, commitments (income and payments); check the inventory of non-consumable
items; prepare when required financial, cost and related data for the management of the ITER
Organization.
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The Accounting Officer shall be responsible to the Director-General for the preparation and
certification of the Financial Statements and for the treasury management.
III.9.4: In accordance with Article I.5.7 of these Regulations, the Director-General shall report to the
Council and as otherwise directed by the Council on the implementation of the Budget.
Article III.10: Internal Audit
III.10.1: The Director-General shall establish an internal audit service under his own authority which
shall undertake the audit of the legality and regularity of the implementation of the budget in
accordance with present articles and shall examine whether the financial management of the ITER
Organization has been sound.
III.10.2: The internal audit service shall report directly to the Director-General.
III.10.3: The measures taken in respect of appointment and promotion, disciplinary action or transfer
of the head of the internal audit service shall be subject to reasoned decisions to be forwarded for
information, to the Council and the Financial Audit Board provided for in Article 17 of the Agreement.
III.10.4: The Director-General shall make available to the Financial Audit Board, on its request, the
records established by the internal audit service.
Article III.11: Budget Transfers
III.11: The Director-General may decide upon transfers between Chapters and Articles of the budget;
he may
(a) transfer appropriations between articles within each chapter;
(b) transfer appropriations between chapters within the same title, up to a maximum total of 10%
of the appropriations for the year shown on the chapter from which the transfer is made.
He shall subsequently inform the Council of such transfers made.
The Director-General may propose to the Council transfers other than those referred to in points a)
and b). The Council shall have one month to give its decision.
Article III.12: Members' Contributions in Cash
III.12.1: The contributions in cash of the Members in each year shall be as set out in the Budget for
that year as adopted by Council.
III.12.2: The contributions shall be defined in Euro in accordance with Article III.3 of these
Regulations. The Director-General shall, at the beginning of each financial year, notify the Members of
the amount of their contributions. The Members’ obligations to contribute shall be in Euro. By
agreement between the Director-General and the Party concerned and where justified in the interests
of the ITER Organization, some part of the contribution may be made in the currency of the Member
of equal value according to the currency exchange rates applying at the time of the contribution.
Members shall make their contribution in accordance with and following the schedule to be set out in
the Implementing Measures provided for in Article III.19.
III.12.3: If there should exist a temporary shortfall in cash, the Director-General may, subject to the
approval of Council, ask the Members for advances on their contributions.
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III.12.4: Credits for in-kind contributions through Task Agreements and Staff Secondments shall be
recognized against the in-kind commitments budget in the year when they are signed and respectively
rendered, and against the in-kind payments and cash income budgets when credits are granted, together
with the cash contributions for that year.
Article III.13: Authorization of Financial Commitment
III.13.1: All measures which may give rise to a payment chargeable to the Budget must be preceded by
a budgetary commitment from the Financial Controller. The requisition must indicate:
• the financial year to which the commitment is to be charged;
• the line in the budget and if necessary the sub-division of the line;
• the amount to pay and the currency;
• the name and address of the recipient;
• the objective of the commitment.
III.13.2: In tendering the advice foreseen by Article III.9.2 to the Authorizing Officer, the Head of the
Finance and Budget Division shall confirm that:
(a) the requisition is in order; and
(b) the proposed commitment is within the limits of the appropriate chapter of the budget.
Article III.14: Authorization of Payment
III.14.1: The Authorizing Officer shall authorize all payment requests based on the certifications from
the Responsible Officer and the Financial Controller that the conditions for payment have been
fulfilled.
The Accounting Officer is responsible for the registration and the execution of the payment orders.
III.14.2: The authorization of a payment request is subject to the presentation of supporting
documents and is intended to:
• verify the creditor's claim,
• determine or verify the existence and the amount of the debt,
• verify the conditions under which payment falls due.
III.14.3: The order of payment, signed by the Accounting Officer in accordance with Article III.14.1
and III.14.2, together with its supporting documents, must give the information noted in Article III.13.
III.14.4: The accounting officer shall make the payment within the limits of the funds available. In the
event of an error in fact, or if the validity of the discharge is contested or if the formalities set out in the
present provisions are not observed, the accounting officer must withhold the payment.
Article III.15: Awarding of Contracts
III.15: The arrangement for awarding contracts for supplies, works or services, or hire contracts by the
ITER Organization are specified in the Annex, 'Awarding of Contracts', which shall form an integral
part of the present Regulations. The objective of the procedures set out in that annex shall be to select
the tenders giving the economically and technically most efficient solution, it being noted that the
Director-General shall, in collaboration with the Members of the ITER Organization, strive to achieve
a distribution of contracts which reflects the international collaborative nature of the Project.
Article III.16: Assets (transferred to Article I.6)
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Article III.17: Presenting and Auditing of Accounts
III.17.1: The accounts shall be kept in Euro, following the budgetary structure and in accordance with
these Regulations and the International Public Sector Accounting Standards, on the basis of the
calendar year. They shall show all income and expenditure for the financial year. They shall be
authenticated by supporting documents.
III.17.2: Entries shall be classified according to a nomenclature of budgetary items which makes a clear
distinction between the balance sheet accounts and the accounts of budgetary expenditure and income,
and shall distinguish between cash and in-kind activities. The detailed conditions for drawing up and
operating the accounting plan shall be determined by the implementing measures provided for in
Article III.19.
III.17.3: The accounts shall be closed at the end of the financial year to enable a balance sheet and the
income and expenditure accounts to be drawn up.
III.17.4: The annual income and expenditure accounts shall be presented in the same form with the
same sub-divisions as the Budget and shall be prefaced by a commentary of the financial management
for the year in question.
III.17.5: The balance sheet shall show the assets and liabilities of the ITER Organization as at 31
December of the financial year.
Article III.18: External Financial Audit
III.18.1: Within two months of the end of each financial year the Director-General shall submit the
Annual Financial Statements, including the income and expenditure accounts and the balance sheet of
the previous year, compiled in accordance with these Regulations and the International Public Sector
Accounting Standards (IPSAS), and following the budgetary structure, to the Financial Audit Board.
The audit shall be made in accordance with Article 17 of the Agreement; detailed procedures shall be
set out in a document to be agreed between Council and the Financial Audit Board and attached to the
Implementing Measures provided for in Article III.19.
III.18.2: The Director-General shall present these Annual Financial Statements to the ITER Council
for consideration together with the report of the Financial Audit Board. Upon approval of the Annual
Financial Statements, the Council shall discharge the Director-General in respect of the implementation
of the Budget.
Article III.19: Implementing Measures
III.19: On proposal by the Director-General, the Council shall establish the measures required for
implementing this Chapter of the Regulations. These implementing measures will in particular include:
(a) systems of internal project and budgetary control coupled with appropriate sub-delegations of
authority to enter into commitments and to authorize payments;
(b) management of changes;
(c) awarding of contracts;
(d) recording of expenditure under a specific nomenclature of budgetary items and drawing up an
operating accounting plan;
(e) accounting Rules and Procedures;
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(f) external Financial Audit procedures;
(g) asset management, including:
• inventory recording and control;
• control of cash and bank accounts including cheque signatories;
• where appropriate, receipts and issues of stock by the Stores;
• disposal of surplus or redundant stocks and equipment;
• proprietary information.
Article III.20: Adjustments for Inflation
III.20: All sums shown in these Regulations and the Annex thereto may be adjusted by the Council, on
a proposal from the Director-General, to take into account changes in currency values.
Article III.21: Internal Taxation
III.21: In the event that a staff member is subject to national income taxation by a Party with respect to
the salaries and emoluments actually paid to him or her by the ITER Organization, and provided that
there is a tax reimbursement agreement in force between the ITER Organization and the Party
concerned, the Director-General is authorized to reimburse the staff member concerned the amount of
those taxes to the extent that such amounts are reimbursed to the ITER Organization by the Party
concerned.
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Annex to Chapter III: Awarding of Contracts
1. Contracts and orders concluded by the ITER Organization shall be in writing and concluded and
normally drawn up in Euro and/or in the currency of the State in which the contractor is located
and/or in the currency of the country in which the work is to be carried out. They may be made against
invoice or memorandum only where the expected value of goods or services supplied does not exceed
3000 Euro.
2. Each contract and order shall be governed by General Terms and Conditions consistent overall with
the normal standards applying to public sector purchases in comparable areas of activity in the
territories of the Members and shall contain provisions safeguarding the rights conferred on the
Members under the ITER Agreement, in particular as concerns Information and Intellectual Property.
3. Subject to the provisions of paragraph 12 of this Annex, the ITER Organization shall award
contracts, in accordance with Article III.15 of the Project Resource Management Regulations, following
competitive tenders on a basis of transparency and non-discrimination among the Members of the
ITER Organization.
4. For this purpose, the ITER Organization shall prepare and present to the ITER Council once a year,
or more frequently as it may deem appropriate, a summary of procurement actions that it foresees
conducting in the coming 24 months. Members shall solicit expressions of interest from among
qualified firms in their respective territories and advise the ITER Organization accordingly. The ITER
Organization shall prepare and send to persons designated by each Member for this purpose the
following information, which shall be held in confidence:
1. a description of the work;
2. an estimate of the approximate value;
3. delivery requirements;
4. planned dates of call for tender, tender closing and selection;
5. a list of the proposed criteria for the evaluation of the tenders.
5. For specific procurement proposals the ITER Organization shall notify Members of the firms to be
invited to tender, which shall be held in confidence. The Members’ designated persons shall be invited
to comment within 14 days on the tender list and on any other matter pertaining to the proposed
procurement.
6. Taking into account any comments received under paragraph 5 above, the ITER Organization shall
prepare a revised list of tenderers and issue a call for tender.
7. Where appropriate, the Director-General may decide, instead of the procedures set out in paragraphs
5 and 6 above, to publish an open call for tenders. In this case, the ITER Organization shall ensure that
publication of the call for tenders occurs at the same time and in comparable fashion in the territories
of each Member.
8. The ITER Organization shall take appropriate measures to safeguard commercial information
contained in offers made in response to calls for tender; in particular the prices quoted shall be kept
strictly confidential.
9. Tenders shall be selected on the basis of an evaluation of the technical acceptability, price and the
financial status, technical capacity and professional competence and any other criteria listed in
accordance with paragraph 5.6 of this Annex, as submitted by each of the tenderers. The reasons for
the selection shall be recorded.
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10. The ITER Organization shall inform the candidates and tenderers as soon as possible of decisions
reached concerning the award of the contract, including the grounds for any decision not to award a
contract for which there has been competitive tendering or to restart the procedure.
11. The ITER Organization may, before the contract is signed, either abandon the procurement or
cancel the award procedure without the candidates or tenderers being entitled to claim any
compensation.
12. The procedures outlined in paragraphs 4-11 above may not apply and contracts and orders may,
therefore, be made by direct agreement:
1. where the Council deems that, in the interest of the ITER Organization, competitive tendering
is not appropriate;
2. where contracts and orders are valued at less than 100,000 Euro for work by single
orders/contracts constituting a self-standing unit of work unless a study or design contract may
lead to manufacturing order of more than 500,000 Euro. The Director-General shall
nonetheless be bound as far as reasonable and by all appropriate means to ensure competition
between possible suppliers;
3. where the placing of a contract or order is so urgently required for unforeseen reasons that it is
not possible to wait for a full tendering process;
4. where the call for tenders does not give any result or where prices quoted are not acceptable in
spite of the fact that all contractual and technical specifications have been established
completely and clearly;
5. where for technical or legal reasons, the supply of goods and services can only be done by a
particular supplier;
6. for contracts and orders for the supply of goods and services or for construction works which
technically cannot be separated from a main contract that has already been decided.
13. The award of contracts and orders by single order/contract or by several orders/contracts
constituting a unit of work shall be decided by:
1. the Director-General for items not more than 5,000,000 Euro to be procured following
competitive tendering action as outlined in Paragraphs 5-11 of this Annex with the exception of
Framework Contracts and Task Agreements;
2. the Director-General for items not more than 2,500,000 Euro to be procured following
tendering action placed through the means of Framework Contracts or Task Agreements;
3. the ITER Council Management Advisory Committee (MAC) on proposal of the DirectorGeneral for items above 5,000,000 Euro to be procured following a competitive tendering
procedure;
4. the Director-General for items not more than 1,000,000 Euro to be procured under single or
limited tendering;
5. the MAC on proposal of the Director-General for items above 1,000,000 Euro to be procured
under single or limited tendering.
In exceptional circumstances, the Director-General may place orders/contracts as defined in paragraph
12.1-12.6 of this Annex subject to reporting the placing of such orders/contracts to the MAC at its next
meeting.
14. The ITER Organization shall ensure that satisfactory records are made and retained of procurement
actions, on the basis of which the Director-General shall submit a general report to the Council at each
meeting of the Council.
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15. Without prejudice to paragraph 16, no contractual negotiations shall take place before awarding the
contract or offer where an invitation to tender is made. At this stage contacts between the ITER
Organization and tendering firms shall be limited to correcting errors and clarifying queries regarding
their offers in order to be able to compare offers and to make a well-founded proposal for decision on
the award of contract or order. This does not exclude, however, the possibility that the decision to
award a contract or order is taken under the condition that further advantages might be obtained by
subsequent negotiations with the firm concerned.
16. If the services or supplies to be procured are of an advanced technical or scientific nature,
discussions on technical and scientific matters may take place with interested firms before the award of
the contract in order to reach the best technical solution. In such an event, all tendering firms must be
treated equally.
17. Any modification in the invitation to tender, as well as any supplementary information, shall be
communicated simultaneously to all firms to which the invitation was sent.
18. The principle of aggregation shall apply in the case of amendments to contracts. In approving the
award of contracts in accordance with paragraph 13 of this Annex, the Council may set an aggregate
ceiling within which contract amendments may be approved under the authority of the DirectorGeneral. Where a proposed amendment is such as to cause the aggregate cost of the contract to exceed
the threshold values set out in paragraphs 13.1 or 13.3 as applicable to the nature of process by which
the contract was first awarded, the Director-General shall submit the proposed amendment for
approval by the Council.
19. A Review Board will be established by the ITER Organization and the ITER Members (acting
through the Domestic Agencies) to handle complaints in relation to the implementation of the
procurement procedures for the award of contracts.
1. The Review Board shall consist of seven members, having equal votes, appointed for two years
and selected as follows:
(a) A Chairperson appointed by the Director-General. An alternate Chairperson may be
appointed in the same manner;
(b) Four members, external procurement specialists, appointed by the Domestic Agencies;
(c) Three ITER Organization members appointed by the Director-General;
(d) A procurement expert for the Secretary to the Board, appointed by the Director-General;
(e) The Administration Department Director and the Legal Advisor, who may participate as
observers at all hearings by the Board.
2. The decision of the Review Board should be taken no more than 30 calendar days from the time
the Review Board acknowledges receipt of a complaint. This period has a suspensive effect on the
signature of the contract.
3. The decision shall be immediately sent to the Director-General, indicating the reasons for the
results based on pertinent facts. This decision shall be implemented by the ITER Organization
4. All proceedings and records of the Board shall be confidential. All members of the Review Board
have to sign an impartiality and confidentiality declaration; any proved disclosure shall be
submitted to the members’ employer for possible disciplinary action.
5. The records of the Review Board shall be kept by the Secretary of the Board.
The report of the Board shall be confidential unless otherwise decided by the Director-General.
However, reports of the Board and decisions of the Director-General thereon shall be
communicated for information to the Members of the ITER Council.
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Chapter IV: Regulations Applying to the Decommissioning Fund
Article IV.1: Joint Establishment of Decommissioning Fund
IV.1.1: The following regulations shall govern the administration of the fund for the decommissioning
of the ITER facilities (the "Decommissioning Fund") to be established under Article 16 of the
Agreement.
IV.1.2: The ITER Organization shall ensure that the Decommissioning Fund is administered so as to
maintain a clear segregation from the other financial operations of the ITER Organization and shall
take measures as necessary to safeguard the integrity of the Decommissioning Fund for its designated
purpose.
Article IV.2: Requirements of Licensing Authority
IV.2.: The establishment and management of the Decommissioning Fund shall be conducted in
accordance with the Host State’s applicable licensing regulations and requirements.
Article IV.3: Scope and Amount of the Decommissioning Fund
IV.3.1: The Decommissioning Fund shall be established with the objective to achieve, by the time of
the handover of the ITER facilities to the Host State or its designated organization, an agreed amount
(the "planned final value") to provide for the decommissioning of the ITER facilities.
IV.3.2: The initial planned final value of the Decommissioning Fund shall be adopted by the Council in
the currency of the Host State in association with a reference technical characterization of the expected
condition of the ITER facilities on the date of its handover to the Host State or its designated
organization.
Article IV.4: Accumulation of the Decommissioning Fund
IV.4.1: The Members shall contribute jointly, through the Budget of the ITER Organization, to the
accumulation of the Decommissioning Fund from the date of First Plasma, throughout the Operation
Phase, by regular annual payments at levels set from time to time by the Council sufficient to provide
for an accumulation of the Decommissioning Fund, including accrued earnings, consistent with
attaining the planned final value on the date of transfer of the ITER facilities.
IV.4.2: Members shall contribute to the Decommissioning Fund in proportion to their share of the
contributions to the Operation Phase of ITER.
IV.4.3: Agreements made between the ITER Organization and other International Organizations and
institutions and Governments, Organizations and institutions of non-Parties ("non-Members"), for cooperation under Article 20 of the Agreement shall include, as appropriate, terms requiring the nonMembers to contribute to the Decommissioning Fund. In such cases, the Members' contributions to
the Decommissioning Fund shall be adjusted accordingly.
Article IV.5: Management of the Decommissioning Fund
IV.5.1: The Decommissioning Fund shall be controlled by the ITER Organization which may, by
decision of the Council, appoint a separate entity to undertake its day-to-day management, in
compliance with the requirements of the Host State’s regulatory authority.
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IV.5.2: The management arrangements shall be such as to ensure traceability and certification of
adequacy in relation to the planned final value and availability for transfer to the Host State or its
designated organization on the due date. In particular, the Council shall review annually:
1. the policies and plans for the management of the Decommissioning Fund, including investment
policies, until its transfer to the Host State or its designated organization;
2. the annual accounts of the Decommissioning Fund;
3. the Members' annual contributions to the Decommissioning Fund.
IV.5.3: The Decommissioning Fund shall be audited in accordance with the applicable provisions of
the Agreement.
IV.5.4: Every three years, or more frequently as it may see fit, the Council shall commission a review
by an independent financial expert of the expected adequacy of the Decommissioning Fund in relation
to its planned final value.
Article IV.6: Accessions and Withdrawals
IV.6.1: In the event of accession to the Agreement under Article 23 of the Agreement, the terms of
accession by the new Member shall provide for it to contribute to the Decommissioning Fund from
the date of its accession on an equitable basis.
IV.6.2: In the event of withdrawal from the Agreement by any of the Parties under Article 26 of the
Agreement, the terms of withdrawal shall provide for the withdrawing Party to provide its share of the
Decommissioning Fund to the extent that the decommissioning liabilities will have accrued up to the
date at which its withdrawal takes effect.
Article IV.7: Changes in the Planned Final Value of the Decommissioning Fund
IV.7.1: The planned final value of the Decommissioning Fund shall be adjusted regularly by the
Council to compensate for the effects of inflation. The contributions of the Members shall be adjusted
accordingly.
IV.7.2: The Director-General shall report regularly on the physical condition of the ITER facilities and
on the progress of the programme in relation to the reference technical characterization and shall bring
to the attention of the Council any proposed developments of the ITER programme that might have a
material impact on the reference technical characterization of the ITER facilities. In such case, the
planned final value shall be adjusted as well as the contributions of the Members, in accordance with
the principle as set out in Article IV.7.3.
IV.7.3: Before the facilities and the fund are transferred to the Host State, changes in the fund value
are to be born:
(a) by all Parties (sharing as specified according to the Agreement) if they arise from:
1. changes in the proposed ITER Programme which are expected to materially affect the
reference characterization;
2. changes in the design of the ITER device which are expected to materially affect the
reference characterization;
3. changes in the reference characterization arising from new radiological information or
unanticipated events;
4. changes in the project time scale;
5. changes in international regulatory standards as concerns decommissioning and radioactive
waste management of nuclear installations; or,
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6. any other changes imposed by the ITER Organization.
(b) by the Host State if they arise from:
1. changes in national regulations of the Host State and their application – excluding those
specified in item (5) above – as concerns decommissioning and radioactive waste
management of nuclear installations;
2. changes in estimates of unit costs for waste disposal or decommissioning activities used to
establish the value of the Decommissioning Fund – excluding those arising from changes
specified in item (1-6) above; or,
3. any other changes imposed by the Host State.
Article IV.8: Transfer of the Decommissioning Fund
IV.8.1: The Decommissioning Fund shall be transferred from the ITER Organization to the Host State
or its designated Agency at a date, within five years of the definitive cessation by the ITER
Organization of ITER Operations, to be mutually agreed in the context of the transfer of the ITER
facilities to the Host State or its designated Agency.
IV.8.2: The terms of transfer of the Decommissioning Fund shall be specified in the Headquarters
Agreement referred to in Article 12 of the Agreement.
IV.8.3: By mutual agreement between the ITER Organization and the Host State, the ITER
Organization may make, or authorize to be made, specific payments from the Decommissioning Fund
before the date of final transfer. Such prior payments shall reduce accordingly the planned final value
of the Decommissioning Fund.
Article IV.9: Take Back Provisions
IV.9.1: By prior agreement with the ITER Organization, Members may request the return, in
accordance with the Host State’s regulations, of particular components supplied by themselves. The
costs associated with such return shall be borne by the Members concerned who shall also accept the
decommissioning and radioactive waste management liabilities associated with the component
concerned. Any member taking back components could be credited for corresponding transportation
and disposal costs that had been estimated for the Decommissioning Fund planned final value.
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