IMPLEMENTING AGREEMENT FOR THE ESTABLISHMENT OF THE COAL TECHNICAL INFORMATION SERVICE

　The Contracting Parties

　CONSIDERING that the Contracting Parties, being either governments or parties proposed by their respective governments pursuant to Article III of the Guiding Principles for Co-operation in the Field of Energy Research and Development adopted by the Governing Board of the International Energy Agency (the "Agency") on 28th July, 1975,  wish to take part in the establishment and operation of a Coal Technical Information Service (the "Service") as provided in this Agreement;

　CONSIDERING that the Contracting Parties which are governments and the governments of the other Contracting Parties (referred to collectively as the "Governments") participate in the Agency and have agreed in Article 41 of the Agreement on an International Energy Program (the "I.E.P. Agreement") to undertake national programmes and to promote the adoption of co-operative programmes in the areas set out in Article 42 of the I.E.P. Agreement, including the area of energy research and development in coal technology;

　CONSIDERING that in the Governing Board of the Agency on 28the July, 1975, the Governments approved the Service as a special activity under Article 65 of the I.E.P. Agreement;

　CONSIDERING that the Agency has recognized the establishment of the Service as an important component of international co-operation in the field of coal research and development;

　HAVE AGREED as follows:

Article 1 OBJECTIVES

(a) The Service shall collect from published sources, direct enquiry and other available sources, scientific, technical and other data relevant to coal research and development in such fields as:

(1) Geology

(2) Prospecting

(3) Underground mining

(4) Surface mining

(5) Coal preparation

(6) Disposal and use of waste

(7) Coal utilisation

(8) Environmental problems

(9) Health and safety

(10) Operational research

(11) Coal transport

(12) Legislation and taxation measures

(13) Government policy statements, and

　such additional fields as may be agreed by the Executive Committee, acting by unanimity. In carrying out its objectives the Service will take into account the proposed programme described in PADB Note No. 75/20 of the Working Party one Coal Technology of the Sub-Group on Energy Research and Development of the Agency.

(b) The Service shall provide a regular service of information not available in convenient form to the Contracting Parties, including the preparation of abstract bulletins in the field of competence of the Service and of bibliographies and literature reviews in the field of competence of the Service provided for in the annual Programme of Work.

(c) The Service shall maintain in the above fields an enquiry service for the provision of coal research and development information to the Contracting Parties at their request.

(d) The Service shall maintain an annual directory listing research carried out in the fields described in paragraph (a) above by publicly supported research institutes in all countries throughout the world. Research in universities, in semi-commercial research institutes and in the private industrial sector may (to the extent that information about such research is reasonably available) be included in the directory on the instructions of the Executive Committee.

(e) The Executive Committee, acting by unanimity, may empower the Service to perform additional technical information and intelligence services in the field of coal research and development.

(f) The information, annual directory and technical intelligence services as well as any other services the Service may be empowered to develop, shall be available to the Contracting Parties.

(g) In carrying out its functions under this Agreement, the Service shall coordinate its activities with those of other services set up under the auspices of the Agency, as necessary, in order to avoid duplication of activities.

Article 2 THE OPERATING AGENT

(a) The Service shall be operated by an Operating Agent. The functions of the Operating Agent shall initially be performed by NCB (IEA Services) Ltd., a wholly-owned subsidiary of the National Coal Board, which hereby guarantees to the other Contracting Parties that NCB (IEA Services) Ltd. will meet all its obligations (including financial obligations) and will duly perform its functions under this Agreement; the National Coal Board shall be regarded as a Contracting Party performing the functions of an Operating Agent for the purposes of Article 9(g). Where the Executive Committee finds that it would be appropriate for another Government or entity to act as Operating Agent, the Executive Committee, acting by unanimity, may, with the consent of such Government or entity, appoint such Government or entity to replace the initial Operating Agent in accordance with the terms hereof. References in this Agreement to the "Operating Agent" shall include any Government or entity appointed under this paragraph.

(b) All legal acts required to operate the Service shall be performed on behalf of the Contracting Parties by the Operating Agent, which shall, for the benefit of the Contracting Parties, be the legal owner of all property rights which may be acquired for the Service or which shall accrue to the Service in carrying out its objectives. The Operating Agent shall operate the Service under its supervision and responsibility, subject to this Agreement, in accordance with the law of the country of the Operating Agent.

(c) The Operating Agent shall have the right to resign as Operating Agent at any time, by giving six months written notice to that effect to the Executive Committee, provided that:

(1) A Contracting Party, or entity proposed by a Contracting Party, is at such time willing to assume the duties and obligations of the Operating Agent and so notifies the Executive Committee and the other Contracting Parties in writing not less than three months in advance of the effective date of the Operating Agent's resignation; and

(2) Such Contracting Party or entity is approved by the Executive Committee, acting by unanimity.

(d) In the event that another Operating Agent is appointed under paragraph (a) or (c) above the Operating Agent shall transfer to such replacement Operating Agent all property rights which it may have acquired under paragraph (b) above.

(e) The Operating Agent shall be reimbursed from the funds made available by the Contracting Parties pursuant to Article 5 for its expenses and costs associated with actions taken in accordance with this Agreement. The Operating Agent shall, without prejudice to the provisions of Article 5 (h), receive no fee or other emolument apart from such reimbursement.

Article 3 THE EXECUTIVE COMMITTEE

(a) Control of the Service shall be vested in the Executive Committee constituted under this Article.

(b) The Executive Committee shall consist of one member designated by each Contracting Party; each Contracting Party shall also designate an alternate member who shall represent the Contracting Party if the member is unable to do so. Each Contracting Party shall inform the Operating Agent in writing of all designations under this paragraph. 

　The Executive Committee shall:

(1) Adopt for each year, acting by unanimity, the Programme of Work and Budget of the Service, together with an indicative programme of work and budget for the following two years; the Executive Committee may, as required, make adjustments within the framework of the Programme of Work and Budget;

(2) Make such rules and regulations as may be required for the sound management of the Service, including financial rules as provided in Article 5 (d);

(3) Consider any matters submitted to it by the Operating Agent or any Contracting Party; and 

(4) Carry out the other functions conferred upon it by this Agreement.

(c) The Executive Committee shall each year elect a Chairman and one or more Vice-Chairmen.

(d) The Executive Committee may establish such subsidiary bodies and rules of procedure as are required for the proper functioning of the Committee. A representative of the Agency and a representative of the Operating Agent (in its capacity as such) may attend meetings of the Executive Committee and its subsidiary bodies in an advisory capacity.

(e) The Executive Committee shall meet in regular session twice each year; in extraordinary circumstances a special meeting shall be convened upon the request of a Contracting Party which can demonstrate the need therefor.

(f) Unless otherwise agreed, meetings of the Executive Committee shall be held in the offices of the Operating Agent.

(g) At least twenty-eight days before each meeting of the Executive Committee, notice of the time, place and purpose of the meeting shall be given to each Contracting Party and to other persons or entities entitled to attend the meeting; notice need not be given to any person or entity otherwise entitled thereto if notice is waived before or after the meeting. The quorum for the transaction of business in meetings of the Executive Committee shall be one-half of the members plus one (less any resulting fraction).

(h) With the agreement of each Contracting Party a decision or recommendation may be made by telex or cable without the necessity for calling a meeting. The Chairman of the Executive Committee shall have the responsibility of ensuring that all Chairman Parties are informed of each decision or recommendation made pursuant to this paragraph.

(i) Where this Agreement requires the Executive Committee to act by unanimity, this shall require the agreement of each member or alternate member present and voting at the meeting at which the decision is taken. The Executive Committee shall adopt decisions and recommendations, for which no express voting provision is made in this Agreement, by majority vote of the members or alternate members present and voting.

(j) The Executive Committee shall, at least annually, provide the Agency with periodic reports on the progress of the Service.

Article 4 ADMINISTRATION AND STAFF

(a) The Operating Agent shall be responsible to the Executive Committee for the operation of the Service in accordance with this Agreement, the annual Programme of Work and Budget, decisions of the Executive Committee and the regulations of the establishment at which the work is carried out.

(b) The Operating Agent shall supply to the Executive Committee such information concerning the operation of the Service as the Committee may request and shall each year submit, 'not later than two months after the end of the financial year, a report on the operation of the Service to the Executive Committee.

(c) The staff of the Service shall be selected by the Operating Agent in accordance with rules determined by the Executive Committee and shall be responsible to the Operating Agent. The Contracting Parties (or organizations or other entities designated by Contracting Parties) may propose personnel to work on the staff of the Service; and such staff, if selected, shall be made available, by secondment or otherwise, to the Service.

(d) Staff members shall be remunerated by their respective employers and shall, except as provided in this Agreement, be subject to their employers' conditions of service. The Contracting Parties shall be entitled to claim the appropriate cost of such remuneration or to receive an appropriate credit for such cost as part of the Budget of the Service in accordance with Article 5(f) (5)

Article 5 FINANCE

(a) The expenditure incurred in the operation of the Service for the first three years shall be borne by the Contracting Parties in the proportions appearing in the Annex hereto. Such expenditure, as estimated in PADB Note No. 75/20 referred to in Article l (a) above, is not expected to exceed ￡325,000 per year at January, 1975 price levels and exchange rates, and may not exceed such level except upon the unanimous agreement of the Executive Committee. The Executive Committee, acting by unanimity, shall adjust the figure referred to in this paragraph at half-yearly intervals to take account of changes in exchange rates and changing price levels in the country of the Operating Agent to ensure that the necessary real resources will continue to be available to operate the Service. If significant changes in such exchange rates or price levels occur, the Executive Committee, acting by unanimity, shall consider whether to adjust the Programme of Work to the available funds.

(b) After the initial three year period and any succeeding three year period, the Executive Committee shall, acting by unanimity, agree the proportions in which expenditure incurred in the operation of the Service shall be borne by the Contracting Parties for each succeeding three year period.

(c) Income accruing from the operations of the Service shall be credited to the Service.

(d) The Executive Committee, acting by unanimity, may make such rules and regulations as may be required for the sound financial management of the Service. These rules shall:

(1) Establish procurement procedures to be used by the Operating Agent in making contracts or otherwise expending funds for the Service;

(2) Establish the level of expenditure for which Executive Committee approval will be required, including expenditure involving payment of monies to the Operating Agent for other than routine salary and administrative expenses previously approved by the Executive Committee in the Budget process;

(3) Require the Operating Agent to maintain complete, separate financial records which shall clearly account for all funds and property coming into the custody or possession of the Operating Agent in connection with the Service.

(e) The system of accounts employed by the Operating Agent shall be in accordance with accounting principles generally accepted in the country of the Operating Agent and consistently applied.

(f) Unless otherwise decided by the Executive Committee, acting by unanimity:

(1) The financial year of the Service shall correspond to the financial year of the Operating Agent;

(2) The Operating Agent shall each year prepare and submit to the Executive Committee for approval, a draft programme of work and budget together with an indicative programme of work and budget for the following two years, not later than three months before the beginning of each financial year;

(3) Not later than three months after the close of each financial year the Operating Agent shall submit for audit the annual accounts of the Service in a form approved by the Executive Committee to auditors selected by the Executive Committee and shall present the accounts together with the auditors' report to the Executive Committee for approval;

(4) All books of account and records maintained by the Operating Agent shall be preserved for at least three years from the date of termination of the Service;

(5) A Contracting Party supplying services to the Service shall be entitled to a credit, determined by the Executive Committee, acting by unanimity, against its contribution, or to compensation if the value of such services exceeds the amount of the Contracting Party's contribution; such credits for services of stall shall be calculated on an agreed scale approved by the Executive Committee and include all payroll-related costs;

(g) Upon approval of the annual Budget by the Executive Committee, contributions due from the Contracting Parties shall be paid to the Operating Agent in the currency of the Operating Agent at such times and upon such other conditions as the Executive Committee shall determine, provided however that:

(1) Contributions received by the Operating Agent shall be used solely in accordance with the Programme of Work and Budget;

(2) The Operating Agent shall be under no obligation to carry out any work until contributions amounting to at least fifty per cent (in cash terms) of the total due at any one time have been received;

(3) In the first year after the signing of this Agreement the Contracting Parties shall pay contributions as directed by the Executive Committee, acting by unanimity, in advance of approval of the Budget in order to enable the Operating Agent to establish the Service in accordance with this Agreement.

(h) Ancillary services may, as agreed between the Executive Committee and the Operating Agent, be provided by the Operating Agent for the operation of the Service and the costs of such services, including overheads, connected therewith may be met from budgeted funds of the Service.

(i) The Operating Agent shall pay all taxes and similar impositions (other than taxes on income) imposed by national or local governments and incurred by it in connection with the Service, as expenditure incurred in the operation of the Service under the Budget; the Operating Agent shall endeavour to obtain all possible exemptions or facilitations of such taxes.

(j) Each Contracting Party shall bear all costs of its participation in the Service other than the common costs funded by the Budget of the Service.

(k) Each Contracting Party shall have the right, at its sole cost, to audit the accounts of the Service on the following terms:

(1) The Contracting Party shall provide the other Contracting Parties with an opportunity to participate in such audit on a cost-shared basis;

(2) The accounts and records in respect of the Operating Agent's activities other than those for the Service shall be excluded from such audit, but if the Contracting Party concerned requires verification of charges to the Budget representing services rendered to the Service by the Operating Agent, it may at its own cost request and obtain an audit certificate in this respect from the Operating Agent's external auditors;

(3) Not more than one such audit shall be required in any financial year;

(4) Any such audit shall be carried out by not more than three representatives of the Contracting Parties.

Article 6 INFORMATION

(a) The Operating Agent shall take all appropriate measures necessary to protect copyrightable material generated by the Service, unless the Executive Committee otherwise directs. Such copyrightable material shall be held by the Operating Agent for the benefit of the Contracting Parties.

(b) Each Contracting Party agrees to provide to the Service all previously existing or newly arising information which is needed by the Service to carry out its functions and which is freely at the disposal of the Contracting Party and the transmission of which is not subject to any contractual and/or legal limitations:

(1) If no substantial cost is incurred by the Contracting Party in making such information available, at no charge to the Service therefor;

(2) If substantial costs must be incurred by the Contracting Party to make such information available, at such charges to the Service as shall be agreed between the Operating Agent and the Contracting Party.

(c) Each Contracting Party shall inform the Service when it becomes aware of the existence of information that can be of value to the Service but which is not freely at the disposal of the Contracting Party or the transmission of which is subject to contractual and/or legal limitations; that Contracting Party shall endeavour to make the information available to the Service for a reasonable consideration; the Executive Committee may, acting by unanimity, decide to acquire such information.

(d) The Contracting Parties shall be entitled without charge to have access to the Service's research directory, to receive and (in accordance with the policies of the Service as determined by the Executive Committee) to distribute within their respective countries, copies of abstract bulletins, bibliographies and literature reviews produced by the Service. Information so received by the Contracting Parties shall not be published with a view to profit except as the Executive Committee, acting by unanimity, may agree or provide by rule. The Executive Committee shall lay down guidance as to the use any Contracting Party may make of the enquiry service without charge, and, where appropriate, the charges to be imposed.

(e) Upon the request of a Contracting Party the Executive Committee shall grant such Contracting Party access to the data base of the Service under conditions determined by the Executive Committee.

(f) The Executive Committee shall, acting by unanimity, determine the rules by which the Service may be made available to governments and other appropriate entities of countries which do not participate in the Service.

(g) The obligations of paragraph (d) above shall survive the termination of this Agreement or the withdrawal of any Contracting Party or Parties. The Executive Committee shall, at the time of such termination or withdrawal, adopt appropriate measures for the subsequent application of those obligations and related questions.

Article 7 LEGAL RESPONSIBILITY AND INSURANCE

(a) The Operating Agent shall use all reasonable skill and care in carrying out its duties under this Agreement and shall be responsible for ensuring that the Service is conducted in accordance with all applicable laws and regulations. Except as otherwise provided in this Article, the cost of all damage to property and all legal liabilities, claims, actions, costs and expenses connected therewith, shall be charged to the Budget of the Service.

(b) The Operating Agent shall propose to the Executive Committee all necessary liability, fire and other insurance. The Operating Agent shall carry such insurance as the Executive Committee may direct. The cost of obtaining and maintaining insurance shall be charged to the Budget of the Service.

(c) The Operating Agent shall be liable, in its capacity as Operating Agent, to indemnify the Contracting Parties against the cost of any damage to property and against all legal liabilities, actions, claims, costs and expenses connected therewith to the extent that they:

(1) Result from the failure of the Operating Agent to maintain any such insurance it is required to maintain under paragraph (b) above; or

(2) Result from the gross negligence or wilful misconduct of any of the Operating Agent's employees or officers carrying out its duties under this Agreement.

Article 8 LEGISLATIVE PROVISIONS

(a) Each Contracting Party shall, within the framework of applicable legislation, use its best endeavours to facilitate the accomplishment of formalities involved in the movement of persons, the importation of materials and equipment and the transfer of currency which shall be required to operate the Service.

(b) The participation of each Contracting Party in the Service shall be subject to the appropriation of funds by the appropriate governmental authority, where necessary, and to the constitution, laws and regulations applicable to the Contracting Party, including, but not limited to, laws establishing prohibitions upon the payment of commissions, percentages, brokerage or contingent fees to persons retained to solicit governmental contracts, and upon any share of such contracts accruing to governmental officials.

(c) The Service shall in its operations take account, as appropriate, of the Guiding Principles for Co-operation in the Field of Energy Research and Development, and any modification thereof as well as other decisions of the Governing Board of the Agency in that field. The termination of those Guiding Principles shall not affect this Agreement which shall remain in force in accordance with the terms hereof.

(d) Any dispute among the Contracting Parties concerning the interpretation or the application of this Agreement which is not settled by negotiation or other agreed mode of settlement shall be referred to a tribunal of three arbitrators to be chosen by the Contracting Parties concerned who shall also choose the Chairman of the tribunal. Should the Contracting Parties concerned fail to agree upon the composition of the tribunal or the selection of the Chairman, the President of the International Court of Justice shall, at the request of any of the Contracting Parties concerned, exercise those responsibilities.

　The tribunal shall decide any such dispute by reference to the terms of this Agreement and any applicable laws and regulations, and its decision on a question of fact shall be final and binding on the Contracting Parties. The Operating Agent shall be regarded as a Contracting Party for the purposes of this paragraph.

Article 9 ADDITION AND WITHDRAWAL OF CONTRACTING PARTIES

(a) Upon the invitation of the Executive Committee, acting by unanimity, participation in the Service as a Contracting Party shall be open to the government of any Agency Participating Country (or a national agency, public organisation, private corporation, company or other entity proposed by such government) which signs or accedes to this Agreement and assumes the rights and obligations of a Contracting Party. Such participation shall be effective upon the adoption by the Executive Committee of consequential amendments to this Agreement.

(b) The government of any other Member of the Organisation for Economic Co-operation and Development may, on the proposal of the Executive Committee, acting by unanimity, be invited by the Governing Board of the Agency to participate in the Service as a Contracting Party (or to propose a national agency, public organisation, private corporation, company, or other entity to do so), to sign this Agreement, and to assume the rights and obligations of a Contracting Party. Such participation shall be effective upon the adoption by the Executive Committee of consequential amendments to this Agreement.

(c) The European Communities may participate in the Service in accordance with arrangements to be made with the Executive Committee, acting by unanimity.

(d) It shall be a condition of participation of any new Contracting Party under paragraph (a) or (b) above, or participation under paragraph (c) above, that the Contracting Party or participant shall contribute, in accordance with rules laid down by the Executive Committee, an appropriate proportion of the expenditure of the Service prior to the date of such participation.

(e) With the agreement of the Executive Committee, acting by unanimity, and upon the request of a Government, a Contracting Party proposed by that Government may be replaced by another party. The replacement party shall sign this Agreement and assume the rights and obligations of a Contracting Party.

(f) Any Contracting Party may withdraw from this Agreement t any time with the agreement of the Executive Committee, acting by unanimity, or by giving twelve months written notice to that effect to the Operating Agent, such notice to be given not less than to years after the date hereof. The withdrawal of a Contracting Party under this paragraph shall not affect the rights and obligations of the continuing Contracting Parties, except that the proportionate shares of the Budget shall be adjusted to take account of such withdrawal.

(g) A Contracting Party serving as Operating Agent which withdraws from this Agreement under paragraph (f) above, shall cease to be the Operating Agent and shall account to the Executive Committee, unless the Executive Committee, acting by unanimity, agrees to retain the former Contracting Party as Operating Agent.

(h) A Contracting Party other than a Government shall forthwith notify the Executive Committee of any significant change in its status or ownership or of its becoming bankrupt or entering into liquidation. The Executive Committee shall determine whether any change in status or ownership or bankruptcy or liquidation of a Contracting Party significantly affects the interests of the other Contracting Parties; if the Executive Committee so determines, then, unless the Executive Committee, acting upon the unanimous decision of the other Contracting Parties, otherwise agrees:

(1) That Contracting Party shall be deemed to have withdrawn from the Agreement under paragraph (f) above on a date to be fixed by the Executive Committee; and

(2) The Executive Committee shall invite the Government which proposed that Contracting Party to propose) within a period of three months of the withdrawal of that Contracting Party) a different entity to become a Contracting Party and, if approved by the Executive Committee, acting by unanimity, such entity shall become a Contracting Party with effect from the date on which it signs this Agreement and assumes the rights and obligations of a Contracting Party.

(i) Any Contracting Party which fails to fulfil its obligations under this Agreement within sixty days after its receipt of notice invoking this paragraph and specifying the nature of those obligations, may be deemed by the Executive Committee, acting upon the unanimous decision of the other Contracting Parties, to have withdrawn from this Agreement.

Article 10 FINAL PROVISIONS

(a) This Agreement shall remain in force for an initial period of three years from the date hereof and shall continue in force thereafter unless and until the Executive Committee, acting by unanimity, decides on its termination.

(b) Nothing in this Agreement shall be regarded as constituting a partnership between the Contracting Parties of any of them.

(c) Upon termination of this Agreement, the Executive Committee, acting by unanimity, shall decide upon the liquidation of the assets of the Service in whole or part and any distribution which might be made to the present and former Contracting Parties. The Executive Committee shall, so for as practicable, distribute the assets of the Service, or the proceeds therefrom, in proportion to the contributions which the Contracting Parties have made from the beginning of the operation of the Service, and for that purpose shall take into account the contributions and any outstanding obligations of former Contracting Parties. Disputes with a former Contracting Party about the proportion allocated to it under this paragraph shall be settled under Article 8 (d) and for that purpose a former Contracting Party shall be regarded as a Contracting Party.

(d) This Agreement may be amended at any time upon the unanimous agreement of the Executive Committee. Such amendments shall come into force in a manner determined by the unanimous agreement of the Executive Committee.

(e) The original of this Agreement shall be deposited with the Executive Director of the Agency and a certified copy thereof shall be furnished to cash Contracting Party. A copy of this Agreement shall be furnished to each Agency Participating Country, to each Member country of the Organisation for Economic Co-operation and Development and to the European Communities.

　Dons in Paris, this 20th day of November, 1975.

　For the REPUBLIC OF AUSTRIA:
Dr. CARL H. BOBLETER Subject to ratification

　For the INSTITUT NATIONAL DES INDUSTRIES EXTRACTIVES for and on behalf of the Government of Belgium:
A. LONNOY
M. FREROTTE

　For the DEPARTMENT of ENERGY, MINES and RESOURCES (Canada):
R. S. MacLEAN

　On behalf of Her Majesty the Queen in Right of Canada as Represented by the Minister of Energy, Mines and Resources

　For the KERNFORSCHUNGSANLAGE JULICH G. M. B. H. (proposed by Germany):
ENGELMANN
p. pa. STOCKER

　For the ENTE NAZIONALE IDROCARBURI, a Public Holding (proposed by Italy):
PIERO CHIOZZI

　For the NAAMLOZE VENNOOTSCHAP DSM, a Company (proposed by the Netherlands):
L. J. REVALLIER

　For CARBUNION (proposed by Spain):
P. GUTIERREZ del CAMPO

　For the NATIONAL SWEDISH BOARD FOR ENERGY SOURCE DEVELOPMENT (proposed by Sweden):
LARS REY

　For the NATIONAL COAL BOARD, a Public Corporation (proposed by the United Kingdom):
L. GRAINGER

　For the ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION for and on behalf of the Government of the United States of America:
ROBERT C. SEAMANS JR.

　NCB (IEA SERVICES) LTD., a wholly-owned subsidiary of the National Coal Board hereby accepts the rights and powers and agrees to carry out the obligations and functions of the Operating Agent as provided in the above Agreement.

　For NCB (IEA SERVICES) LTD.:
L. GRAINGER