Proposal for a Council decision adopting a supplementary research programme to be implemented by the joint research centre for the European Atomic Energy Community (1996-1999)
Date: 1995-11-15
Institutions: European Commission
Subjects: Joint Research Centre, financing method, nuclear medicine, nuclear reactor, peaceful use of energy, research programme

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

Brussels,  15.11.1995 
COM(95) 549  final 

95/0284 (CNS) 

Proposal for a Council decision 
adopting a supplementary  research programme to be  implemented 
by the Joint research centre 
for the  European Atomic Energy Community 
(1996-1999) 

(presented  by  the  Commission) 

L^ 

EXPLANATORY  MEMORANDUM 

1.  On  29 April  1992, the  Council  adopted  a four-year  supplementary  research 

programme  to  be  implemented  by  the  Joint  Research  Centre  for  the 

European Atomic Energy Community  (1992-1995)  concerning the  operation 

of the  High  Flux Reactor  (HFR) of  Petten. This programme  is therefore  due 

to expire on 31 December  1995. 

The  present  communication  concerns  a  new  four-year  p r o g r a m me 

(1996-1999). 

2. 

The  High  Flux  Reactor  (HFR)  of  Petten  is  operated  by  the  Commission  in 

accordance  with  the  Euratom  /  Netherlands  agreement  of  25  July  1961. 

Under  this  agreement,  on  behalf  of  the  Community,  the  Commission  has 

committed  itself  to  build  the  necessary  facilities  and  to  provide  additional 

equipment  in order to  make  "optimum  use"  of these facilities (including  the 

HFR). 

This  agreement,  signed  for  a period  of  99 years, has no  cancellation  clause. 

In  order  to  execute  it, the  two  parties  concluded  a  long  lease  for  99  years 

conferring  a right m rem (bail emphytéotique)  on 31 October  1962. 

3. 

Under  the  supplementary  programme  which  is  drawing  to  a  close,  the 

activities  of  the  HFR  were  essentially  the  outcome  of  a  balanced  co 

operation  between  two  partners:  Germany  and  the  Netherlands,  which 

guaranteed  its  financing.  A d d i t i o n al  financing,  which  has  steadily 

increased, came from external  contracts. 

The  work  programme  was  planned,  therefore,  to  meet  the  requirements 

expressed under the terms of this cooperation. 

4. 

The new proposal for a programme contains significant changes reflecting a 
dramatic shift in the work which will be carried out by the HFR. 

The  Commission  and  the  Dutch  authorities  have  jointly  engaged  in  a 
brainstorming exercise based on a study carried out by a private consultant. 
This has resulted in a series of internal reforms aimed at increasing the HFR's 
competitiveness without damaging either its safety, or its reliability. 

The main features of this new proposal are: 

-  -the Netherlands will continue to contribute at the same level as that of 

the previous programme; 

- 

the German contribution will be reduced; 

-  a new Member State, France, will be participating; 

-  a  sharp  decrease  in  the  HFR's  "institutional  budget",  implying  in 
exchange that the  finance  from  long-term  external  contracts must be 
stepped up. 

In  its financial  statement, the  appended  proposal  for  the  supplementary 
programme  mentions  only  the  contributions  to  come  from  the  three 
participating  Member States. The establishment of formal contracts, to  be 
drawn  up  by the  Commission with  external  partners, cannot  in fact take 
place  until  a  legal  basis exists. The Council's Decision  will  constitute this 
legal basis. 

Proposal for a Council decision 
adopting  a supplementary  research programme to  be  implemented 
by the Joint research centre 
for the  European Atomic  Energy  Community 
(1996-1999) 

THE COUNCIL OF THE EUROPEAN  UNION, 

Having  regard  to  the  Treaty  establishing  t he  European  Atomic  Energy 
Community, and in particular Article 7 thereof, 

Having  regard to the  proposal  from the  Commission submitted  after  consultation 
of the Scientific and Technical  Committee, 

Having  regard to the opinion  of the  European  Parliament, 

Whereas,  the  development  of  nuclear  medicine  within  the  European  Union 
contributes  to  the  target  of  ensuring  human  health  protection  which  the  Union 
set  itself  and  which  necessitates  an  increased  use of  Testing  Reactors for  medical 
purposes; 

whereas,  within  the  framework  of  the  common  policy  relating  to  the  field  of 
science  and  technology,  the  research  programme  is one  of  the  principal  means 
available  to  the  European  Atomic  Energy  Community  to  contribute  to  a safe  use 
of  nuclear  energy; 

whereas the  contributions  to  this supplementary  programme  will  come  from  the 
Netherlands,  Germany  and  France,  either  directly  or  through  agreements  with 
research  institutions. 

HAS ADOPTED THIS DECISION 

Article 1 

The  supplementary  programme  on  the  operation  of  the  high  flux  reactor  (HFR), 
hereinafter  referred to as "the  programme", the objectives of which  are set out  in 
Annex  I, is hereby adopted for  a period of four years, starting on  1  January  1996. 

Article 2 

The  financial  contributions  estimated  as  necessary  for  the  execution  of  the 
programme  amount to  ECU 39,7 million. The  breakdown  of this amount  is given 
in Annex II. 

Article 3 

The Commission, assisted by the  Board of Governors of the Joint Research Centre 
(JRC) shall be responsible for  carrying out the  programme  and, to  this end, shall 
call upon the services of the JRC. 

Article 4 

The Commission shall decide on the terms of reference of the Board of Governors. 

Article 5 

1. 

2. 

The Commission shall each year, before  15 April, submit to the  European 
Parliament, the Council, and the Economic and Social Committee a report 
on the implementation of this Decision. 

This  report  shall  be  accompanied  by  the  observations  of  the  Board  of 
Governors.  The  Board  of  Governors  may  also  submit  through  the 
Commission to  the  European  Parliament, the  Council, and the  Economic 
and  Social  Committee  a  separate  report  on  any  aspect  of  the 
implementation of this Decision. 

Article 6 

This Decision is addressed to the Member States. 

> 

ANNEX I 

SCIENTIFIC AND TECHNICAL OBJECTIVES 

The programmes aims are  primarily: 

1) 

2) 

the  reliability  of the  high-flux  reactor (HFR) at Petten; this activity  involves the 
normal  use of the installation for  more than 250 days a year, the  management 
of the fuel cycle and control of safety and  quality; 

the  rational  use  of  this  reactor  in  a  broad  range  of  disciplines  including 
isotope production  and the work  related to  it; the  experimental  irradiation  of 
the  materials  intended  for  fission  reactors and future  fusion, the  applications 
of  neutrons  in  research  in  solid  state  physics  and  materials  science, 
neutroradiography  as a non-destructive  testing  method  and the treatment  of 
certain forms of  cancer using neutrons (BNCT) and related research. 

ANNEX II 

BREAKDOWN OF THE CONTRIBUTIONS 

The  contributions  to  this  supplementary  programme  w i ll  come  f r om  t he 
Netherlands, Germany and France. 

The breakdown of these contributions is as follows: 

The Netherlands 

ECU  32.5  million 

Germany 

France 

ECU  6  million 

ECU  1.2  million 

w 

FfàanctaJ statement 

1. 

TITLE OF OPERATION 

Supplementary  programme  concerning  the  operation  of  the  high-flux 
research reactor (HFR). 

2. 

BUDGET HEADINGS INVOLVED 

6221 : 

B6-441: 
B6-111: 

B6-121: 

Revenue from operating the HFR reactor making it possible to 
obtain additional  appropriations 
Joint Research Centre - Operation of the HFR reactor;* 
Joint Research  Centre - Persons  associated  with the institution  (in 
part); 
Joint  Research  Centre  - Resources  (in part). 

* Line proposed for  the 1996 budget. 

3. 

LEGAL BASIS 

-  Article  96(1) of  the Financial  Regulation; 
-  Proposal  for  a  Council  Decision  adopting  a  complementary  research 
programme  to  be  carried  out  by  the  Joint  Research  Centre  (JRC)  for  the 
European  Atomic  Energy  Community  (1996-99). 

4. 

DESCRIPTION  OF OPERATION 

4.1  General  objective 

The  proposed  supplementary  programme  concerns  the  operation  of  the  HFR 
situated at the Joint Research Centre in Petten for the Netherlands,  Germany and 
France  to pursue  research  projects. 

The programme  aims essentially  to: 

-  guarantee  the safe  running  of  the HFR;  this  means  normal  operation  of  the 
facility  for  more  than  250 days  annually,  management  of  the  fuel  cycle, 
safeguards  and  quality; 

-  make  rational  use  of  the reactor  in a wide range of  disciplines  including  the 
manufacture  of isotopes and connected projects;  the experimental  irradiation 
of  materials  for  fission  reactors  and  for  future  fusion  reactors,  neutron 
applications  in solid  state physics  research  and  in materials  science,  neutron 
radiography  as  a  non-destructive  testing  method  and  the  treatment  of  some 
forms  of cancer  with the aid of  neutrons  (BNCT)  and  related  research. 

4.2 

Period  covered  and arrangements  for  renewal  or  extension 

The  proposed  programme 
four  years  as  from 
1 January  1996.  Subsequent operations  will be the subject of a new proposal  for 
an operational  programme  or  a proposal  to shut down the  facility. 

to  run  for 

is  planned 

5. 

CLASSIFICATION  OF EXPENDITURE  OR REVENUE 

5.1 

NCE  (Non-compulsory  expenditure) 

5.2 

DA  (Differentiated  appropriations) 

5.3 

Type  of  revenue  involved 

Revenue  from  services  provided  by  the  Joint  Research  Centre  to  third  parties 
against  payment. 

é.  TYPE OF EXPENDITURE OR REVENUE 

The revenue originating from  the three Member States concerned  will be entered 
in the receipts  column  of  item  6221 for  the financial  years  1996 to  1999.  This 
revenue  will  make  it  possible  to  obtain  additional  appropriations  to  cover  the 
expenditure  on  staff,  project  execution  and  operational  appropriations  (normal 
running  costs,  investment  and contracts). 

7. 

FINANCIAL IMPACT 

7.1  Method  of calculating  total cost of  operation 

The  total  cost  of  the proposed  operation  has been calculated  by  considering: 

-  a forecast  of expenditure on staff  on the basis  of  forecasts  for  medium-term 
economic  trends  in  the various  Member  States  in which  the  Joint  Research 
Centres  are  established,  and  in particular  the Netherlands; 

- 

the  expenditure  forecast  for  execution  resources  (scientific  and  technical 
resources  and proportionate  share  in the cost of  general  services); 

-  a  forecast  of  trends  in  operational  appropriations  needed  to  carry  out  the 
planned programme  (direct  running,  equipment  and contracts  expenditure). 

As  with  previous  supplementary  programmes,  Community  funds  will  not  be 
requested  for  the execution of  this programme. 

The  three  Member  States  concerned  will  contribute  to  the  financing  of  this 
supplementary  programme,  either  directly  or  through  agreements  with  the 
research  bodies. 

The  indicative breakdown of contributions  to the total cost  is as  follows: 

-  Netherlands 
-  Germany 
••-  France 

ECU 32.5 million 
ECU 6 
million 
ECU  1.2  million. 

7.2 

Itemized  breakdown  of cost 

CA  in ECU  million 
(current  prices) 

Breakdown 

1996 

1997 

1998 

1999 

Direct  staff 
Support  staff 
Operational  appropriations 
Support  appropriations 

Of  which: 

-  running  of the  HFR  reactor 

- other  administrative  and  technical 

resources 

1821 
0.901 
0.426 
6 341 

5 669 

0.672 

2000 
and 
subs, 
yrs 

p.m. 
p.m. 
p.m. 
p.m. 

Total 

7  619 
3  770 
1 783 
26 528 

1876 
0.928 
0.439 
6 531 

1 932 
0.956 
0.452 
6  727 

1  990 
0.985 
0.466 
6  929 

5 839 

6 014 

6  195 

0.692 

0.713 

0.734 

p.m. 

p.m. 

23 717 

2 811 

Total 

9 489 

9 774 

10 067 

10 370 

p.m. 

39 700 

7.3 

Indicative  schedule of  appropriations 

CA  in ECU  million 

1996 

1997 

1998 

1999 

Total 

2000 
and 
subs, 
yrs 

Commitment  appropriations 

9 489 

9 774 

10 067 

10 370 

p.m. 

39 700 

Payment  appropriations 

1996 

1997 

1998 

1999 

2000 and  subsequent  years 

8  920 

0.569 

9  188 

0.440 

0.146 

9 463 

0.453 

0.151 

9 748 

0.622 

8  920 

9 757 

9  903 

10 347 

p.m. 

0.773 

Total 

9 489 

9 774 

10 067 

10 370 

p.m. 

39 700 

8. 

FRAUD PREVENTION  MEASURES 

Internal  audit  and  inspection  programme  concerning  scientific  and  budgetary 
aspects  to be carried  out by the staff  responsible  at the Joint  Research  Centre. 

9. 

ELEMENTS  OF COST-EFFECTIVENESS  ANALYSIS 

9.1 

Specific  and  quantifiable  objectives,  target  population 

The  specific  objectives  of  the  programme  are  summarized  in  point 4.1  above 
(General objective).  The target population consists  of members of the European 
industrial and scientific population concerned with, in particular, energy research, 
safety  in reactors  and  the nuclear  fuel  cycle and with the use of the HFR reactor 
for  medical  purposes. 

9.2  Grounds  for  the operation 

Need  for  Community  financial  aid: 

The  Petten  high-flux  reactor  is operated  by the Commission  in accordance  with 
the  agreement  between  Euratom  and  the  Netherlands  of  25 July  1961.  This 
agreement,  signed  for  a  period  of  99 years,  has  no  cancellation  clause. 
(In 
contracts  of  this  type,  the  consequences  of  cancellation  are  negotiated  on  a 
case-by-case  basis  by  the contracting  parties.) 

\G 

Choice of ways and means: 

In the context of this agreement, 'the Dutch authorities use the reactor to carry out 
their  own  research  programme.  A supplementary  programme  -  for  which  the 
Netherlands  is providing  most  of  the financing  - appeared  the only  appropriate 
legal  instrument. 

For  the  Commission,  this  offers  the  major  advantages  of  not  having to  assume 
alone,  but  to  share  with  the  Member  States  taking  part  in  the  supplementary 
programme,  some of the responsibilities (safety,  end-of-cycle,  etc.) linked to the 
operation  of reactors. 

9.3  Monitoring  and evaluation of the operation 

The  nature  and  frequency  of  the  internal  evaluation  process  should  enable  the 
Commission  to  meet its obligations. 

The  indicators  and  the  quantitative  and  qualitative  criteria  for  evaluating  the 
results  of  the  programme  will  be  determined  for  each  project  and  the  results 
forwarded  to those responsible  in the Member  States  concerned. 

In  addition  to  an  annual  report  devoted  only  to  the  HFR,  the  Joint  Research 
Centre publishes every year an annual report submitted to its Board of Governors 
for  prior  approval.  The  report  relating  to  1994,  dated  10 April  1995,  has  the 
reference  COM(95)121  final. 

10.  ADMINISTRATIVE EXPENDITURE  (PART A OF SECTION  HI OF THE 

BUDGET) 

Not applicable. 

ISSN  0254-1475 

COM(95) 549 final 

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ISBN 92-77-95928-2 

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