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'
Date: 1998-04-29
Institutions: European Economic and Social Committee
Subjects: Joint European Torus, legal status, operation of the Institutions, personnel administration, servant (EU)

10.7.98

EN

Official Journal of the European Communities

C 214/61

paper and supports the proposals for its implementation
over the period to 2010.

However the scale and radical nature of the programme
means that it can only succeed if there is a fundamental
change of attitude in a number of areas.

In particular for the biomass programme to
6.2.
succeed there will need to be a significant change in
the CAP incorporating new financial arrangements to
provide incentives for farmers to grow energy crops.

6.3.
Associated with the photovoltaic programme
there has to be a revolutionary change in the construction
industry — in technology, architecture and planning
authorities.

6.4.
it is
For the overall programme to succeed,
imperative that all affected departments in each Member
State Government and all affected DGs in the Com-
mission understand the radical and ambitious under-
taking that this programme represents and act accord-
ingly to implement it.

Brussels, 29 April 1998.

The President

of the Economic and Social Committee

Tom JENKINS

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, Feder-
al 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 O¨ sterreichische Akademie der Wissenschaften
(O¨ AW) will represent Austria as member of the
JET Joint Undertaking.

(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.

(iv) The Junta Nacional de Investigaça˜o Cientifica e
Tecnolo´gica (JNICT) will be replaced as member
the Joint Undertaking by the Instituto de
of
Cooperaça˜o Cientifica e Tecnolo´gica.

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.

C 214/62

EN

Official Journal of the European Communities

10.7.98

This amendment would have no financial impact

3.1.
on the Community budget.

The amendment of Articles 4 and 8 of the JET
4.
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 Mem-
ber States where there is no association.

Supplementary rules concerning the assignment
4.1.
and management of the staff of the JET Joint Undertak-
ing 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

Brussels, 29 April 1998.

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 pro-
posal 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.

The President

of the Economic and Social Committee

Tom JENKINS