Proposal for a COUNCIL DECISION approving amendments to the statutes of the Kernkraftwerk RWE-Bayernwerk GmbH (KRB) joint undertaking
Date: 1995-10-17
Institutions: European Commission
Subjects: Germany, cessation of trading, joint venture, nuclear power station, organisation, share capital

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels,  17.10.1995 
COM(95) 481  final 

Proposal  for  a 

COUNCIL  DECISION 

approving amendments  to  the statutes  of  the 
Kernkraftwerk  RWE-Bayernwerk GmbH  (KRB) joint  undertaking 

(presented  by the  Commission) 

EXPLANATORY  MEMORANDUM 

By its Decision of  18 June  1963,l  the Council  established Kernkraftwerk  RWE-Bayernwerk 
GmbH  (KRB)  as  a  joint  undertaking  for  a  period  of  25 years.  By  its  Decision  of 
25 July  1988,2 the Council  extended KRB's joint undertaking status for  12 years in order to 
allow KRB to implement its programme for complete dismantling of its nuclear power plant, 
which is of  special  interest to the nuclear industry  within the Community. 

On  11 November  1994  the  members  of  KRB  decided  to  reduce  the  capital  of  the  joint 
undertaking from  100 million to 40 million German marks.  This constitutes an amendment 
of the statutes of the joint undertaking which, in accordance with Article 50 of the Euratom 
Treaty,  cannot enter into force until  it has been approved by the Council. 

Considering  the  reduction  in  the  joint  undertaking's  commercial  activities  as  a  result  of 
dismantling of  the nuclear power station,  the reduction  of  capital  does not prejudice sound 
financial  management of the joint undertaking. 

The Commission proposes that the amendment requested by KRB to its statutes be approved. 

1. 

2 . 

OJ No 93, 22.6.1963, p.  1745/63. 

OJ No L 222, 12.8.1988, p. 3. 

I 

COUNCIL  DECISION 
of... 
approving  amendments  to  the  statutes  of  the 
Kernkraftwerk  RWE-Bayernwerk  GmbH  (KRB) joint  undertaking 

THE  COUNCIL  OF  THE  EUROPEAN 
UNION, 

Having regard to the Treaty establishing the 
European  Atomic  Energy  Community,  and 
in particular Article  50 thereof, 

Having  regard  to  the  proposal  from  the 
Commission, 

HAS ADOPTED THIS DECISION: 

Article 1 

The  amendments  to  Articles 4  and  5 of  the 
Kernkraftwerk 
of 
statutes 
RWE-Bayernwerk GmbH 
joint 
(KRB) 
undertaking, as annexed, to this Decision, are 
hereby  approved. 

the 

t he  C o u n c i l, 

W h e r e as 
Decision  63/27/Euratom,1  established 
the 
Kernkraftwerk  RWE-Bayemwerk  GmbH 
(KRB) in the form  of a joint undertaking; 

by 

Whereas, by  Decision  88/446/Euratom,2 the 
Council amended Decision  63/27/Euratom to 
extend  the  period  of  validity  of  the  joint 
undertaking  status  for  a  further  12 years 
ending  in  the  year 2000  with  a  view  to 
complete dismantling by KRB of its nuclear 
power station; 

Whereas  the  decision  taken  at  the  general 
meeting  of  the  members  of  KRB  on 
11 November  1994 to  reduce the  capital  of 
the  joint  undertaking  from  100 million 
German marks to 40 million  German marks 
constitutes  an  amendment  to  the  statutes  of 
the joint  undertaking; 

Whereas,  considering  the  reduction  in  its 
activities as a result of the dismantling of the 
nuclear  power  station,  this  reduction  in 
capital  does  not  prejudice  sound  financial 
management  of 
joint  undertaking; 
the 
whereas the corresponding amendment to the 
statutes  of  the  joint  undertaking  should 
consequently  be approved, 

1. 

2. 

OJ No 93, 22.6.1963, p. 1745/63. 

OJ No L 222, 12.8.1988,  p. 3. 

Article 2 

This  Decision 
is 
Member States  and 
undertaking. 

addressed 
to 

to 
the  KRB 

the 
joint 

Done at 

For the  Council 

The President 

^> 

ANNEX 

Amendments  to the statutes  of the 
Kernkraftwerk  RWE-Bayernwerk  GmbH (KRB) joint  undertaking 

Article 4 of the statutes shall  be replaced as follows: 

"Article  4 
Capital 
The capital  of the company is DM 40 000 000 (forty  million German marks)." 

Article 5 of the statutes shall be replaced as follows: 

"Article 5 
Subscribed capital 
The capital  is subscribed by: 
(a) 

Rheinisch-Westfalisches  Elektrizitatswerk  Energie  Aktiengesellschaft,  Essen, 
contributing DM 30 000 000; 

(b) 

Bayemwerk Aktiengesellschaft,  Munich, contributing DM  10 000 000." 

<. 

ISSN 0254-1475 

COM(95) 481  final 

DOCUMENTS 

EN 

12  08 

Catalogue number  : CB-CO-95-521-EN-C 

ISBN 92-77-94395-5 

Office for Official Publications of the European Communities 

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