Opinion of the Economic and Social Committee on the 'Proposal for a Council Decision on approving amendments to the statutes of the Joint European Torus (JET), Joint Undertaking` (98/C 214/15)

On 27 March 1998 the Council decided to consult the Economic and Social Committee, under Article 198 of the Treaty establishing the European Atomic Energy Community, on the above-mentioned proposal.

The Section for Energy, Nuclear Questions and Research, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 7 April 1998. The rapporteur was Mr Beale.

At its 354th plenary session held on 29 and 30 April 1998 (meeting of 29 April), the Economic and Social Committee adopted the following opinion by 122 votes to 0, with 3 abstentions.

1. The proposed amendments are:

(i) The Forschungszentrum Jülich Gmbh (KFA, Federal Republic of Germany) will be replaced as member of the JET Joint Undertaking by the Forschungszentrum Karlsruhe (FZK, Federal Republic of Germany).

(ii) The Dublin City University will represent Ireland as member of the JET Joint Undertaking.

(iii) The Österreichische Akademie der Wissenschaften (ÖAW) will represent Austria as member of the JET Joint Undertaking.

(iv) The Junta Nacional de Investigação Cientifica e Tecnológica (JNICT) will be replaced as member of the Joint Undertaking by the Instituto de Cooperação Cientifica e Tecnológica.

(v) The JET Council approved another amendment to the Statutes required by the adoption of the new UK Companies Act 1985 and 1989.

(vi) To accept certain other amendments to the working of the JET statutes following the judgement of the Court of First Instance in Joined Cases T-177/94 and T-377/94.

2. The amendments referred to under (i), (ii), (iii), (iv) and (v) above are administrative in nature and are agreed to.

3. Relating to the amendment under point (vi), the Commission, drafted a proposal for a Council decision taking into account the judgement of the Court of First Instance of 12 December 1996.

3.1. This amendment would have no financial impact on the Community budget.

4. The amendment of Articles 4 and 8 of the JET statutes, aimed at replacing the provisions concerning the composition of the Project Team by a new uniform system of secondment of personnel from the members of the Joint Undertaking having Association Contracts with Euratom, or limited duration contracts in the framework of the Euratom Fusion Programme in Member States where there is no association.

4.1. Supplementary rules concerning the assignment and management of the staff of the JET Joint Undertaking should also be amended to bring these supplementary rules into line with the proposed amendments to Article 8 of the JET Statutes.

5. Points that will have to be amended are considered in the annex to the proposal in points 1.3, 4.1.1, 4.1.2, 4.2.2 (d), 8.1, 8.3, 8.4, 8.5, 8.7 and 22.2. Points 8.8 and 8.9 will have to be eliminated.

5.1. The aim of amendment (vi) is to remedy the unlawfulness found by the Court of First Instance of Article 8.4 and 8.5 'insofar as they establish or help to maintain a difference in treatment that is without objective justification and is thus unlawful, as between two categories of JET staff, depending on the member organization making the staff concerned available to the Joint Undertaking`.

5.2. The aim of Article 8.4 is to establish a uniform system of secondment of staff to the Joint Undertaking whether made available by the UKAEA or the other members of the Joint Undertaking other than the Commission.

6. The Goedmakers-Ruberti Note of Understanding of May 1994 provided for an award of ECU 2,0 million to eligible UKAEA staff assigned to JET, to help to settle the Petition lodged by some of this staff with the European Parliament in February 1990. This money was disbursed to eligible UKAEA staff in December 1994.

7. The first phase of negotiations undertaken by the JET Council following the Court of First Instance judgment terminated in July 1997 by the refusal of the proposal of the negotiator. The 'Draft Proposal for an Out-of-Court Settlement as a full and final resolution to the JET UKAEA Team Staff dispute subject of the joined cases T-177/94 and T-377/94` of November 1997, prepared by Mr Waidelich (MEP) was as well rejected.

8. Granting Euratom temporary agent status to 213 UKAEA staff would about double the existing posts in the Fusion Programme and carry substantial but not easily quantifiable financial consequences.

9. The Joint Undertaking was established for a period until 31 December 1999 and will be wound up after expiration of its legal mandate.

10. Considering the above points the Economic and Social Committee believes that the Commission's proposal reflects the aim to comply with the Court of First Instance rulings and to end staff problems and its negative repercussions on the effective functioning of the JET programme.

Brussels, 29 April 1998.

The President of the Economic and Social Committee

Tom JENKINS