98/585/Euratom: Council Decision of 13 October 1998 approving amendments to the Statutes of the Joint European Torus (JET), Joint Undertaking
Date: 1998-10-13
Institutions: Council of the European Union
Subjects: Joint European Torus, equal treatment, joint venture, legal status, servant (EU), workers' representation

20. 10. 98

EN

Official Journal of the European Communities

L 282/65

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 13 October 1998

approving amendments to the Statutes of the Joint European Torus (JET), Joint
Undertaking

(98/585/Euratom)

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 (1),

Having regard to the opinion of the European Parlia-
ment (2),

Having regard to the opinion of the Economic and Social
Committee (3),

for

the purpose of

implementing the JET
Whereas,
the Council, by Decision 78/471/Euratom (4),
Project,
established the Joint European Torus (JET), Joint Under-
taking and adopted the Statutes thereof;

Whereas Articles 4 and 8 of the JET Statutes should be
amended following the judgment of the Court of First
Instance of 12 December 1996 in Joined Cases T-177/94
and T-377/94, which found that the existing difference in
treatment between two categories of JET staff was no
longer justified on objective grounds;

Whereas this amendment should allow the JET Council
to adopt the necessary transitional measures, in particular
concerning the abovementioned difference of treatment
of Project Team staff assigned before 21 October 1998;

(1) OJ C 108, 7. 4. 1998, p. 3.
(2) Opinion delivered on 8 October 1998 (not yet published in

the Official Journal).

(3) OJ C 235, 27. 7. 1998, p. 63.
(4) OJ L 151, 7. 6. 1978, p. 10. Decision as last amended by
Decision 96/305/Euratom (OJ L 117, 14. 5. 1996, p. 9).

Whereas the Forschungszentrum J(cid:129)lich GmbH (KFA)
has given notice of its withdrawal from the Joint Under-
taking from 31 December 1997; whereas the Forschungs-
zentrum Karlsruhe (FZK) has applied for membership of
the Joint Undertaking from 1 January 1998; whereas the
JET Council has approved this withdrawal from, and
application for, membership of the Joint Undertaking
and the amendments required thereby;

Whereas, following the conclusion of a Contract of Asso-
ciation between Euratom and the Dublin City University
(DCU), the Dublin City University is replacing Ireland as
Member of the Joint Undertaking; whereas the Instituto
de Coopera(cid:135)(cid:209)o Cient(cid:146)fica e Tecnol(cid:155)gica Internacional
(ICCTI) is replacing the Junta Nacional de Investiga(cid:135)(cid:209)o
Cient(cid:146)fica (JNICT) as Portuguese member of the Joint
Undertaking. The JET Council has approved the amend-
ments to the Statutes required by these changes;

Whereas, following the accession of Austria to the Euro-
pean Union, the (cid:153)sterreichische Akademie der Wissen-
schaften ((cid:153)AW) has applied for membership of the Joint
Undertaking; whereas the JET Council has approved this
application for membership of the Joint Undertaking and
the amendments to the Statutes required thereby;

Whereas the JET Council has approved another amend-
ment to the Statutes required by the adoption of the new
UK Companies Act 1985 and 1989,

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Official Journal of the European Communities

20. 10. 98

HAS DECIDED AS FOLLOWS:

Article 1

The amendments to the Statutes of the Joint European Torus (JET), Joint Undertaking,
annexed to this Decision, are hereby approved.

This Decision shall enter into force on the day following its publication in the Official
Journal of the European Communities.

Article 2

Done at Luxembourg, 13 October 1998.

For the Council

The President

C. EINEM

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Official Journal of the European Communities

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ANNEX

1. Article 1.3 of the Statutes of the Joint European Torus (JET), Joint Undertaking shall be replaced

by the following:

‘1.3. The Joint Undertaking shall have the following members:

The European Atomic Energy Community (hereinafter referred to as “Euratom”),

The Belgian State (hereinafter referred to as “Belgium”), acting for its own part (Laboratoire de
physique des plasmas of the Ecole Royale Militaire — Laboratorium voor plasmaphysica van
de Koninkl¶ke Militaire School) and on behalf of the Universit(cid:130) libre de Bruxelles (Service de
physique statistique, plasmas et optique non lin(cid:130)aire de l’ULB) and of the Centre d’(cid:130)tudes de
l’(cid:130)nergie nucl(cid:130)aire (CEN)/Studiecentrum voor Kernenergie (SCK),

the Centro de Investigaciones Energ(cid:130)ticas Medioambientales y Tecnol(cid:155)gicas, Spain (herein-
after referred to as “Ciemat”),

the commissariat (cid:133) l’(cid:130)nergie atomique, France (hereinafter referred to as “CEA”),

the Ente per le nuove tecnologie, l’energia e l’ambiente (hereinafter referred to as “ENEA”
which since 1 January 1986, has represented all Italian activities falling within the Euratom
Fusion Programme including that of the Consiglio nazionale delle ricerche, CNR),

the Hellenic Republic (hereinafter referred to as “Greece”),

the Forschungszentrum Karlsruhe, Germany (hereinafter referred to as “FZK”),

the Forskningscenter Risø, Denmark,

(hereinafter referred to as “Risø”),

the Grand Duchy of Luxembourg (hereinafter referred to as “Luxembourg”),

the Instituto de Coopera(cid:135)(cid:209)o Cient(cid:146)fica e Tecnol(cid:155)gica Internacional, Portugal
referred to as “ICCTI”),

(hereinafter

the Dublin City University, Ireland (hereinafter referred to as “DCU”),

the Max-Planck-Gesellschaft zur F(cid:148)rderung der Wissenschaften e.V. — Institut f(cid:129)r Plasma-
physik, Germany (hereinafter referred to as “IPP”),

the Naturvetenskapliga forskningsr(cid:134)det, Sweden (hereinafter referred to as “NFR”),

the Swiss Confederation (hereinafter referred to as “Switzerland”),

the Stichting voor Fundamenteel Onderzoek der Materie, the Nederlands (hereinafter referred
to as “FOM”),

the United Kingdom Atomic Energy Authority (hereinafter referred to as “ the Authority” or
“the Host Organisation”),

the Teknologian Kehitt(cid:132)miskeskus, Finland (hereinafter referred to as “TEKES”),

the (cid:153)sterreichische Akademie der Wissenschaften (hereinafter referred to as “(cid:153)AW”).'

2. Articles 4.1.1 and 4.1.2 shall be replaced by the following:

‘4.1.1. The Members of the Joint Undertaking shall be represented in the JET Council as follows,

the vote of each pair of representatives being weighted as indicated:

Representing
representatives

Number of votes

Weighting

Euratom

Belgium

Ciemat

CEA

ENEA

Greece

Risø

Luxembourg

DCU

ICCTI

2

2

2

2

2

2

2

2

2

2

5

2

3

5

5

1

2

1

1

2

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Representing
representatives

IPP and FZK jointly

NFR

Switzerland

FOM

Authority

TEKES

(cid:153)AW

Number of votes

Weighting

2

2

2

2

2

2

2

5

2

2

2

5

2

2

4.1.2. For their adoption, acts of the JET Council shall require at least 31 votes in favour.'

3. Article 4.2.2(d) shall be replaced by the following:

‘(d)

nominate the Director and the senior staff of the Project and determine their period of
secondment, approve the main structure of the Project Team and decide the procedures for
the secondment and management of staff;'.

4. Articles 8.1, 8.3, 8.4, 8.5 and 8.7 shall be replaced by the following:

‘8.1

‘8.3

The Project Team shall assist the Director of the Project in the performance of his duties.
Its staff shall be fixed in the staff establishment as defined in the annual budget. It shall be
composed of staff coming from the Members of the Joint Undertaking as provided for in
Article 8.3.'

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 (hereafter referred to as the Parent Organisation) shall
make available to the Joint Undertaking qualified scientific, technical and administrative
staff.

8.4.

Staff made available by Parent Organisations shall be seconded to the Joint Undertaking
and shall:

(a) remain throughout the period of secondment in the employment of their Parent

Organisations on the terms and conditions of service of those Organisations;

(b) be entitled, throughout the period of their secondment to an allowance as specified in
the “Rules applicable to Secondment of Personnel from Parent Organisations to the
Joint Undertaking”, adopted by the JET Council under Article 8.5.

The JET Council shall adopt
the detailed procedures for the management of staff
(including “Rules applicable to Secondment of Personel from Parent Organisations to the
Joint Undertaking”). It shall adopt the transitional provisions and shall take the necessary
measures with regard to the project team assigned to the Joint Undertaking by the
Commission and by the host organisation before the 21 October 1998.'

All staff expenditure,
including reimbursement of staff expenditure incurred by the
seconding Parent Organisations and expenditure related to staff assigned to the Joint
Undertaking by the Commission and the host organisation prior to the entry into force of
the above provisions, shall be borne by the Joint Undertaking.'

8.5.

‘8.7.

5. Articles 8.8 and 8.9 shall be deleted.

6. Article 22.2 shall be replaced by the following:

‘22.2 Without prejudice to the provisions of the third paragraph of Article 49 of the Euratom
Treaty, for the avoidance of doubt, the Joint Undertaking shall not be regarded as a
company within the meaning of the Companies Act 1985 and 1989 of the United
Kingdom.'