Council Common Position

of 6 December 2001

on participation by the European Union in the Korean Peninsular Energy Development Organisation (KEDO)

(2001/869/CFSP)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 15 thereof,

Whereas:

(1) At its meeting on 24 and 25 June 1994 in Corfu, the European Council attached particular importance to compliance by all parties to the Treaty on the Non-Proliferation of Nuclear Weapons.

(2) In its conclusions, the Madrid European Council of 15 and 16 December 1995 emphasised the importance of the participation, on conditions to be determined, of the European Union in the Korean Peninsula Energy Development Organisation (KEDO).

(3) The Council adopted its conclusions on 26 February 1996.

(4) The European Atomic Energy Community (Euratom) has negotiated the renewal of its membership of KEDO with a view to supporting KEDO's objectives, thereby providing significant funds over a five-year period.

(5) The detailed arrangements for the representation of the European Union on KEDO's Executive Board must be settled. In that connection, the Council and the Commission have agreed that if KEDO's Executive Board was to address any matter falling outside Euratom's competence, it is the Presidency of the Council of the European Union which should take the floor to express a position on such matters.

(6) The results of the examination of Joint Action 96/195/CFSP(1) have confirmed that the European Union is making a significant contribution to the European Union's objective, namely to find an overall solution to the issue of nuclear proliferation in the Korean peninsula.

(7) The Community's financial contribution to KEDO would have to be suspended if the Democratic People's Republic of Korea (DPRK) does not correctly fulfil its obligations regarding nuclear non-proliferation under the Framework Agreement concluded in 1994 between the United States of America and the DPRK or does not permit the European Union to exercise surveillance and/or carry out the periodical external assessments provided for to that end.

(8) Joint Action 96/195/CFSP and Common Position 97/484/CFSP(2) should be repealed and replaced by a new Common Position,

HAS ADOPTED THE FOLLOWING COMMON POSITION:

Article 1

The objective of this Common Position shall be to contribute to finding an overall solution to the issue of nuclear proliferation in the Korean peninsula.

To that end, and in accordance with KEDO objectives, the European Union shall join in this international action of great significance in the field of nuclear non-proliferation and nuclear safety.

Article 2

1. For matters falling outside the competence of Euratom and in particular the question of the suspension of financial contributions if the DPRK does not properly fulfil its obligations in matters of nuclear non-proliferation under the Framework Agreement concluded in 1994 between the United States of America and the DPRK or does not permit the European Union to exercise surveillance and/or carry out the periodical external assessments provided for to that end, the position within KEDO's Executive Board shall be determined by the Council and expressed by the Presidency.

2. The Presidency shall therefore be closely associated with the proceedings of KEDO's Executive Board and shall be informed immediately of any common foreign and security policy matter which must be discussed at Executive Board meetings.

3. The Commission shall report to the Council, on a regular basis and as the need arises, under the authority of the Presidency assisted by the Secretary-General of the Council, High Representative for the CFSP.

Article 3

Joint Action 96/195/CFSP and Common Position 97/484/CFSP are hereby repealed and replaced by this Common Position.

Article 4

This Common Position shall enter into force on the date of its adoption. It shall end on 31 December 2005.

Article 5

This Common Position shall be published in the Official Journal of the European Communities.

Done at Brussels, 6 December 2001.

For the Council

The President

M. Verwilghen

(1) OJ L 63, 13.3.1996, p. 1.

(2) OJ L 213, 5.8.1997, p. 1.