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Appendix 2

Formal Organization

Background Information on CERN

The convention establishing CERN entered into force in 1954. It states the aim of CERN as:

The Organization shall provide for collaboration among European
States in nuclear research of a pure scientific and fundamental
character, and in research essentially related thereto. The Organization
shall have no concern with work for military requirements and the
results of its experimental and theoretical work shall be published or
otherwise made generally available.

The political will upon which CERN was built was (and is) to bring states who had been at war with one another back together in a great joint effort and thus set an example for further political cooperation.

CERN consists of the Council and the operating organization under the Director General. The Council is the governing body, and the Director General executes the CERN programs through the management structure under his direction. The Council consists of two delegates from each Member State, typically one is a senior science administrator and the other an eminent scientist. Each country has one vote, although some votes, such as financial matters, are weighted.

CERN acts as a spending agency for its Member States. It depends upon the annual contributions from its Member States, as agreed in the CERN Convention, to conduct its scientific program. The laboratory's budget in 1996 was 937.6 million Swiss Francs (MCHF).

CERN is entitled by international law to sign treaties or agreements with any State. The Director General negotiates on behalf of CERN and only the Director General can legally bind the Organization - e.g. by signing treaties or agreements -an action which needs prior approval of the Council. However, CERN can neither represent Member States nor can it speak for "European High Energy Physics" although it is a key element in the European Program. CERN does not attempt to coordinate the research programs of its Members States, although its Council and Scientific Policy Committee are useful fora for officials to discuss their concerns.

CERN's Track Record on Construction Projects

CERN has a history of successful international cooperation within Europe, as demonstrated by its performance on past projects: Intersecting Storage Ring (ISR), Super Proton Synchrotron (SPS), and Large Electron Positron (LEP) collider, as shown by the following table:

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The CERN Council approved the ISR program in June 1965. CERN then built the world's first proton-proton collider. The planned cost of the ISR Program, 332 MCHF, included a 12 percent contingency. The ISR ceased operation in June 1984.

The SPS, one of the world's first 300 GeV proton accelerator, was later upgraded in separate programs to accelerate antiprotons (1981) (thereby becoming a proton/anti-proton collider), heavy ions, and electron and positrons for injection into LEP (1988). The planned cost of the 300 GeV Program included a 12 percent contingency.

When the CERN Council approved the LEP Project in December 1981, it decided that contingency would be in the form of time, not money, and accordingly it adjusted the cost (from 890 to 1092) and the completion dates, once in 1985 and again in 1987. LEP required the construction of a 27 km long underground tunnel (part of which was under the Swiss Alps) as well as huge underground experimental halls. Civil engineering accounted for the worst cost surprises -- not technical issues. (Note: For the LHC Project, civil engineering is only a small fraction of the project's cost since the LHC will use the existing LEP tunnel and much of the proven, existing infrastructure.)

CERN was also able to operate the ISR, SPS and LEP at performance levels that exceeded design specifications.

The CERN Way of Experiments

CERN is also an “inter-regional" laboratory, and this is especially true for the detectors associated with its accelerator facilities. For example, the Member States of CERN "partnered" in a significant way with non-Member States to develop successfully the four detectors for LEP, the world's highest energy electron-positron collider and the primary accelerator facility at CERN.

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DOE- and NSF-supported institutions are major participants in these detectors, as shown in the following table:

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Appendix 3

The DOE/NSF-CERN International Co-operation Agreement on the LHC

and

the Experiments Protocol

and

the Accelerator Protocol

INTERNATIONAL CO-OPERATION AGREEMENT

between

THE EUROPEAN ORGANIZATION FOR NUCLEAR

RESEARCH

(CERN)

and

THE DEPARTMENT OF ENERGY
OF THE UNITED STATES OF AMERICA

and

THE NATIONAL SCIENCE FOUNDATION
OF THE UNITED STATES OF AMERICA

concerning

SCIENTIFIC AND TECHNICAL CO-OPERATION

ON LARGE HADRON COLLIDER ACTIVITIES

1997

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