Proposal for a COUNCIL DECISION amending Council Decision of 16 December 1980 setting up the consultative committee for the fusion programme

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. By Council Decision of 16 December 1980 a consultative committee for the fusion programme has been set up. Its rules of procedure include a weighted voting system, which was amended accordingly after each accession of new Member States.

2. The consultative committee for fusion research (CCE-FU), as set up by Art. 6.2 of Council Decision 1999/175/Euratom, unanimously agreed in June 2002 to have its voting system amended to be similar to the weighted voting system that is applied in the European Fusion Development Agreement (EFDA).

3. The Council and the Commission, in a statement to the Council minutes of 30 September 2002, acknowledged the unanimous agreement of the CCE-FU on its proposed updated weighted voting system which should be applied within the committee referred to in Article 6.2 of the Council Decision adopting the specific programme (Euratom) 2002-2006, when dealing with fusion-related aspects.

4. With reference to the aforementioned statement to the Council minutes, it is now appropriate for the Commission to propose steps in view of a modification of the Council Decision of 16 December 1980 setting up the consultative committee for the fusion programme.

To this end, the Commission proposes to amend the Council Decision of 16 December 1980 - as last amended by Council Decision 95/1/EC, Euratom, ECSC of 1 January 1995, in particular paragraph 14 thereof on the weighted voting system, as agreed on by the CCE-FU and as recorded by the Council on 30 September 2002.

Proposal for a COUNCIL DECISION amending Council Decision of 16 December 1980 setting up the consultative committee for the fusion programme

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular to the first paragraph of Article 7 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) Article 6.2 of Council Decision 2002/837/Euratom [1] adopting a specific programme (Euratom) for research and training on nuclear energy (2002-2006) provides that, for the purposes of implementing the specific programme, the Commission shall be assisted by a consultative committee and that, for fusion-related aspects, the composition of this committee and the detailed operational rules and procedures applicable to it shall be as laid down in the Council Decision of 16 December 1980 dealing with the consultative committee for the fusion programme.

[1] OJ L 294, 29.10.2002, p. 74.

(2) The Council and the Commission, at the Council meeting of 30 September 2002, acknowledged the unanimous agreement of the consultative committee for fusion research (CCE-FU) on an updated weighted voting system which should be applied within the committee referred to in Article 6.2 of Council Decision 2002/837/Euratom, when dealing with fusion-related aspects.

(3) In view of the above, it is now appropriate to modify accordingly the Council Decision of 16 December 1980 - as last amended by Council Decision 95/1/EC, Euratom, ECSC of 1 January 1995 [2] - setting up the consultative committee for the fusion programme,

[2] OJ L 1, 1.1.1995, p.1.

HAS DECIDED AS FOLLOWS:

Sole Article

In paragraph 14 of Council Decision of 16 December 1980 setting up the consultative committee for the fusion programme, the last two sentences are replaced by the following text:

'Opinions relating to point (g) of paragraph 5 shall be adopted by the following weighted voting system:

Belgium // 2

Denmark // 2

Germany // 5

Greece // 2

Spain // 3

France // 5

Ireland // 2

Italy // 5

Luxembourg // 1

Netherlands // 2

Austria // 2

Portugal // 2

Finland // 2

Sweden // 2

Switzerland // 2

United Kingdom // 5

Total // 44

For the adoption of an opinion, the required majority shall be 23 votes in favour by at least eight delegations.'

Done at Brussels,

For the Council

The President