Proposal for a Council Decision on adopting a supplementary research programme to be implemented by the Joint Research Centre for the European Atomic Energy Community
Date: 2003-12-05
Institutions: European Commission
Subjects: Joint Research Centre, nuclear energy, nuclear reactor, research programme

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 08.12.2003
COM(2003)756 final/2

2003/0287(CNS)

CORRIGENDUM
Annule et remplace la page de couverture et
la page 4 du document COM(2003)756 final,
du 05.12.2003, 2003/0287(AVC).
Concerne l’acronyme (versions: FR, DE et EN)

Proposal for a

COUNCIL DECISION

on adopting a supplementary research programme
To be implemented by the Joint Research Centre for the European Atomic Energy
Community

(presented by the Commission)

EN

  EN

EXPLANATORY MEMORANDUM

1.

2.

3.

4.

On  24  January  2000,  the  Council  adopted  a  four-years  supplementary  research
programme  to  be  implemented  by  the  Joint  Research  Centre  for  the  European
Atomic Energy Community (2000-2003) concerning the operation of the High Flux
Reactor (HFR) of Petten. This programme is therefore due to expire on 31 December
2003.

The present communication presents a new three-year programme (2004 - 2006).

Euratom  and  the  Netherlands  concluded  an  agreement  concerning  the  High  Flux
Reactor (HFR) in Petten on 25 July 1961 for a period of 99 years. In order to execute
it, the two parties concluded a long lease for 99 years conferring a right in rem (bail
emphytéotique) on 31 October 1962.

HFR  plays  an  important  role,  in  the  European  Union,  in  support  to  safe  nuclear
technologies, in materials research for thermonuclear fusion, in fundamental research
and in medical research and applications.

– 

– 

– 

– 

– 

HFR  is  very  active  in  the  improvement  of  the  safety  of  the  existing  reactors.
HFR  contributes  to  the  following  programmes:  reactors’  ageing  and  life
management, transmutation of nuclear waste in view of a better safety of waste
storage,  improvement  of  the  fuel  safety.  Fuel  containing  plutonium  (Mixed
oxides  of U and Pu and high temperature  reactor fuel) are studied  in  view of
the elimination of military grade plutonium.

HFR  is  also  used  by  an  association  of  European  centres  working  on  a  new
treatment for encephalic cancers by using the BNCT (Boron Neutron Capture
Therapy)  techniques.  The  HFR  reactor  also  supports  other  medical  research,
like  production  of  new  type  of  isotopes  and  development  of  other  technical
BNCT-applications like for melanoma and other pathologies.

In the frame of thermonuclear fusion, several projects have been undertaken at
the HFR to test structural and breeding materials for future fusion reactors. The
emphasis on materials development lies with low activation properties obtained
at  higher  temperatures  as  these  promote  both  the  environmental  and  thermal
efficiency  of  the  future  fusion  power  plants.  These  experiments  support  the
European Long-term Fusion Materials Development Programme.

Fundamental  research  makes  use  of  neutron  beams  for  the  study  of  the
material's-structure.  This  activity  is  under  permanent  development  and
contributes  to  the  understanding  of  degradation  mechanisms  and  their
mitigation  relevant  to  the  safety  of  existing  plants.  Methods  under  study  are
non-destructive  evaluation  techniques  using  neutron  beams  and  neutron
properties. The co-ordination of efforts, dissemination of results and support to
harmonisation are carried out through a European network.

The  reactor  also  produces  isotopes  necessary  for  more  than  60%  of  the  10
million  of  medical  diagnoses  executed  each  year  in  Europe.  Its  qualities  and
reliability  make  it  an  important  device  for  all  the  European  pharmaceutical
companies in this field. Moreover, through its location in Europe, the reactor's
production is rapidly directed to the European medical centres. This is essential

2

 
5.

for  the  most  currently  used  short-life  isotopes  and  is  crucial  for  Europe’s
autonomy of supply.

– 

The HFR is also a training facility hosting doctoral and post doctoral students,
as  well  as  post  doctoral  fellows  performing  their  research  activities  through
national or European Programme.

In  its  financial  statement,  the  appended  proposal  for  the  new  supplementary
programme mentions only the contribution to come from two participating Member
States,  namely  The  Netherlands  and  France.  The  contribution  from  the  two
participating  Member  States  for  the  new  programme  is  about  30.6  Mio€.  This
amount  includes  provisions  for  decommissioning.  In  the  frame  of  the  HFR  re-
licensing  activities  started  in  2001,  it  is  planned  that  by  the  mid-2004  the  current
licence held by the JRC will expire and a new operating licence will be granted to a
third party who until now has been entrusted with the operation of the reactor under
contract with the JRC. The JRC and the partners have jointly engaged in an analysis
in order to explore longer term options for the future exploitation of the HFR. With
this  end  in  view,  the  period  2004-2006  will  be  actively  exploited  to  finalise  this
process  and,  if  appropriate,  to  design  a  new  legal  framework  for  HFR  operation
beyond 2006.

3

 
2003/0287(CNS)

Proposal for a

COUNCIL DECISION

on adopting a supplementary research programme
To be implemented by the Joint Research Centre for the European Atomic Energy
Community

THE COUNCIL OF THE EUROPEAN UNION,

Having  regard  to  the  Treaty  establishing  the  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 JRC Board of Governors,

Having regard to the opinion of the European Parliament,

Whereas:

(1)

within  the  framework  of  the  European  Research  area,  the  supplementary  research
programme  involving  the  high  flux  reactor  (HFR)  is  one  of  the  principal  means
available in the Union to contribute to safe nuclear technologies, to materials research
for  thermonuclear  fusion,  to  fundamental  research,  to  medical  research  and  medical
applications and training in these areas.

(2)

the financial contributions to this supplementary programme will come directly  from
the Netherlands and France.

HAS ADOPTED THIS DECISION:

Article 1

The  supplementary  programme  on  the  operation  of  HFR,  hereinafter  referred  to  as  “the
programme”, the objectives of which are set out in Annex 1, is hereby adopted for a period of
three years, starting on 1 January 2004

The  financial  contributions  estimated  as  necessary  for  the  execution  of  the  programme
amount to about 30.6 Mio€. The breakdown of this  amount is given in Annex II. It includes
provision for the reactor decommissioning.

Article 2

4

 
Article 3

The Commission shall  be responsible for  the  implementation of  the  programme, and to  this
end, shall call  upon  the services  of the  JRC. The Board of Governors of the Joint  Research
Centre will be kept informed about the implementation of the programme.

Article 4

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

This decision is addressed to the Member States.

Article 5

Done at Brussels,

For the Council
The President

5

 
ANNEX I

SCIENTIFIC AND TECHNICAL OBJECTIVES

The programmes’ aims are primarily:

1.  To  provide  more  than  250  days  per  year  of  operation  of  the  HFR  in  order  to  guarantee

availability of neutrons for experiments.

2. To allow for the rational use of this reactor according to the needs of research institutions

requiring HFR support in areas such as: Improvement of Safety of Existing Nuclear Reactor,

Health  including  the  development  of  medical  isotopes  to  answer  the  questions  of  medical

research and the testing of medical therapeutic techniques, Fusion, Fundamental Research and

Training, and Waste Management including the possibility to develop nuclear fuel devoted to

the elimination of weapon grade plutonium.

6

 
ANNEX II

BREAKDOWN OF THE CONTRIBUTIONS

The  contributions  to  this  supplementary  programme  will  come  from  the  Netherlands  and

France.

The breakdown of these contributions is as follows:

The Netherlands: 29.75 Mio€

France: 0.9 Mio€

Total: 30.65 Mio€

7

 
LEGISLATIVE FINANCIAL STATEMENT

Policy area(s): Title 10 – Direct Reasearch

Activit(y/ies):  10  04  COMPLETION  OF  PREVIOUS  FRAMEWORK  PROGRAMMES
AND OTHER ACTIVITIES

TITLE OF ACTION: SUPPLEMENTARY HFR PROGRAMME (2004 TO 2006)

1.

BUDGET LINE(S) + HEADING(S)

10 04 04 Operation of the high-flux reactor (HFR)

Item 10 04 04 02 — Supplementary HFR programme (2004 to 2006)

2.

OVERALL FIGURES

2.1.

Total allocation for action (Part B): € million for commitment

This  programme  implies  no  direct  budgetary  funding  from  the  Commission.  The
financing from the participating countries amounts to 30,6 Mio€

2.2.

Period of application:

1/1/2004 – 31/12/2006

2.3.

Overall multi-annual estimate of expenditure:

(a)

Schedule  of  commitment  appropriations/payment  appropriations 
intervention) (see point 6.1.1)

(financial

€ million ( to three decimal places)

Year
[n]

[n+1]

[n+2]

[n+3]

[n+4]

Commitments

9,929

10,214

10,507

p.m.

Payments

8,274

9,296

9,296

3,784

p.m.

p.m.

[n+5
and
subs.
Years
]
p.m.

Total

30,650

p.m.

30,650

(b)

Technical and administrative assistance and support expenditure(see point 6.1.2)

Commitments

p.m.

p.m.

p.m.

p.m.

p.m.

p.m.

p.m.

Payments

p.m.

p.m.

p.m.

p.m.

p.m.

p.m.

p.m.

8

 
Subtotal a+b

Commitments

Payments

9,929

10,214

10,507

p.m.

8,274

9,296

3,784

p.m.

p.m.

p.m.

p.m.

p.m.

30,650

30,650

(c)

Overall  financial  impact  of  human  resources  and  other  administrative  expenditure
(see points 7.2 and 7.3)

Commitments/
payments

TOTAL a+b+c

Commitments

Payments

p.m.

p.m.

p.m.

p.m.

p.m.

p.m.

p.m.

9,929

10,214

10,507

p.m.

p.m.

p.m.

30,650

8,274

9,296

9,296

3,784

p.m.

p.m.

30,650

2.4.

Compatibility with financial programming and financial perspective

Not applicable

2.5.

Financial impact on revenue:

No  financial  implications  (involves  technical  aspects  regarding  implementation  of  a
programme by some member states)

Two  Member  States  (The  Netherlands  and  France)  will  fund  this  supplementary
programme.

It  should  be  noted  that  the  appended  proposal  for  the  new  supplementary  programme
mentions only the contribution from two participating Member States.

Budget line

Revenue

(€ million to one decimal place)

Prior to
action
[Year
n-1]

[Yea
r n]

Situation following action

[n+1] [n+2] [n+3

[n+4] [n+5]

]

a) Revenue in absolute terms p.m.

30,1

0,3

0,3

p.m.

p.m.

p.m.

b) Change in revenue

 (cid:1)

3.

BUDGET CHARACTERISTICS

Type of expenditure

New

EFTA
contribution

Contributions
form applicant
countries

Heading in
financial
perspective

Non-comp

Non-diff

YES

NO

NO

No 3

9

 
4.

LEGAL BASIS

The Euratom Treaty is the legal basis.

5.

DESCRIPTION AND GROUNDS

5.1.

Need for Community intervention

5.1.1. Objectives pursued

Euratom  and  the  Netherlands  concluded  an  agreement  concerning  the  High  Flux  Reactor
(HFR)  in  Petten  on  25  July  1961  for  a  period  of  99  years.  In  order  to  execute  it,  the  two
parties concluded a long lease for 99 years conferring a right in rem (bail emphytéotique) on
31 October 1962.

HFR plays an important role, in the European Union, in support to safe nuclear technologies,
in  materials  research  for  thermonuclear  fusion,  in  fundamental  research  and  in  medical
research  and  applications.  HFR  is  very  active  in  the  safety  of  the  existing  reactors.  HFR
contributes 
life  management,
transmutation of nuclear waste in view of a better safety of waste storage, improvement of the
fuel safety.

the  following  programmes:  reactors’  ageing  and 

to 

Fuel containing plutonium (Mixed oxides of U and Pu and high temperature reactor fuel) are
studied in view of the elimination of military grade plutonium.

HFR  is  also  used  by  an  association  of  European  centres  working  on  a  new  treatment  for
encephalic cancers by using the BNCT (Boron Neutron Capture Therapy) techniques.

The HFR reactor also supports other medical research, like production of new type of isotopes
and  development  of  other  technical  BNCT-applications  like  for  melanoma  and  other
pathologies.

Fundamental research makes use of neutron beams for the study of the material's- structure.
This  activity  is  under  permanent  development  and  contributes  to  the  understanding  of
degradation  mechanisms  and  their  mitigation  relevant  to  the  safety  of  existing  plants.
Methods  under  study  are  non-destructive  evaluation  techniques  using  neutron  beams  and
neutron properties.

In the frame of thermonuclear fusion, several projects have been undertaken at the HFR to test
structural  and  breeding  materials  for  future  fusion  reactors.  The  emphasis  on  materials
development  lies  with  low  activation  properties  obtained  at  higher  temperatures  as  these
promote  both  the  environmental  and  thermal  efficiency  of  the  future  nuclear  fusion  power
plants.  These  experiments  support  the  European  Long-term  Fusion  Materials  Development
Programme.  The  co-ordination  of  efforts,  dissemination  of  results  and  support 
to
harmonisation are carried out through a European network.

5.1.2. Measures taken in connection with ex ante evaluation

This  is  the  renewal  of  a  previous  supplementary  programme.  The  preparation  of  this  new
supplementary programme was the subject of detailed internal evaluation by the participating
Member States.

10

 
5.1.3. Measures taken following ex post evaluation

The  quantitative  and  qualitative  indicators  and  criteria  used  to  assess  the  results  of  the
programme will be determined for each project: the results will be reported to the members of
the JRC Board of Governors and published in an annual report where possible.

In addition to an annual report devoted solely to the HFR (EUR 20773 EN, 2002), the Joint
Research  Centre  publishes  an  “Annual  Report”  approved  by  its  Board  of  Governors.  The
references of the 2002 report are COM (2003) 189 and EUR 20659 EN.

5.2.

Action envisaged and budget intervention arrangements

The programmes’ aims are primarily:

– 

– 

To  provide  more  than  250  days  of  operation  of  the  HFR  in  order  to  guarantee
availability of neutrons for experiments.

To  allow  for  the  rational  use  of  this  reactor  according  to  the  needs  of  research
institutions  requiring  HFR  support  in  areas  such  as:  Improvement  of  Safety  of
Existing  Nuclear Reactor, Health including the development of medical isotopes  to
answer  the  questions  of  medical  research  and  the  testing  of  medical  therapeutic
techniques,  Fusion,  Fundamental  Research  and  Training,  and  Waste  Management
including  the  possibility  to  develop  nuclear  fuel  devoted  to  the  elimination  of
weapon grade plutonium.

5.3.

Methods of implementation

The period 2004-2006 will be actively used to consider a new framework for HFR operation
beyond 2006. During this period the programme will be implemented by the JRC trough its
Institute for Energy located at Petten.

6.

FINANCIAL IMPACT

6.1.

Total financial impact on Part B - (over the entire programming period)

The cost of the proposed programme was assessed taking account of:

– Estimated staff costs based on the forecast mid-term economic trends in the host Member
States of the JRC establishments, notably the Netherlands;

–  Estimated  expenditure  on  resources  (scientific  and  technical  support  and  share  of  cost  of
general services);

–  Estimated  expenditure  of  operational  appropriations  needed  to  carry  out  the  planned
programme (direct expenditure for operation, equipment and contracts).

- Provisions to cover the cost of the decommissioning of the reactor.

As for previous supplementary programmes, no Community funds will be requested for
the execution of this programme.

The  two  Member  States  concerned  will  contribute  to  the  funding  of  this  supplementary
programme, either directly or via agreements with research bodies.

11

 
The indicative breakdown of contributions is as follows:

– Netherlands

€ 29,75 million

– France

€ 0,9 million

Total

€ 30,65 million

6.1.1.

Financial intervention

Commitments (in € million to three decimal places)

Breakdown

[Year
n]

[n+1]

[n+2]

[n+3]

[n+4]

Staff Commission

0,320

0,330

0,339

p.m.

Means of execution

9,609

9,884

10,168

p.m.

TOTAL 9,929

10,214

10,507

p.m.

p.m.

p.m.

p.m.

[n+5
and
subs.
Years]

p.m.

p.m.

p.m.

Total

0,989

29,661

30,650

6.1.2.

Technical  and  administrative  assistance,  support  expenditure  and  IT  expenditure
(commitment appropriations)

Not applicable – There is no Community funding

6.2.

Calculation  of  costs  by  measure  envisaged  in  Part  B  (over  the  entire
programming period)

Not applicable – There is no Community funding

7.

IMPACT ON STAFF AND ADMINISTRATIVE EXPENDITURE

7.1.

Impact on human resources

Types of staff

Staff to be assigned to management of the
action using existing and/or additional
resources

Number of permanent
posts

Number of temporary
posts

Officials 
temporary staff

or

A

B

C

Other human resources

Total

1

1

2

This staff is fully financed by the supplementary programme

Description of tasks deriving from the
action

If necessary, a fuller description of the
tasks may be annexed.

Total

1

1

2

12

 
7.2.

Overall financial impact of human resources

Type of human resources

Amount (€)

Method of calculation  *

Officials

Temporary staff

320.000

Average cost including overheads

Other human resources

p.m.

(specify budget line)

Total

p.m.

This staff is fully financed by the supplementary programme.

7.3.

Other administrative expenditure deriving from the action

Not applicable – There is no Community funding

8.

FOLLOW-UP AND EVALUATION

8.1.

Follow-up arrangements

The nature and frequency of the internal assessment process should enable the Commission to
satisfy its obligations.

The  quantitative  and  qualitative  indicators  and  criteria  used  to  assess  the  results  of  the
programme will be determined for each project: the results will be reported to the members of
the JRC Board of Governors and published in an annual report where possible.

8.2.

Arrangements and schedule for the planned evaluation

For  each  experiment  carried  out  specific  ex  post  reporting  is  made.  In  addition,  monthly
reports are made towards the nuclear safety authorities. Annual reporting is made on the HFR
operation.

9.

ANTI-FRAUD MEASURES

Audit  and  internal  control  programme  by  Joint  Research  Centre  officers,  covering  the
scientific  and  budgetary  aspects,  reporting  to  the  JRC  Board  of  Governors,  reporting  to  the
financing Member States, and access for the Court of Auditors. Control of the circulation of
fissile materials is covered by Euratom and the IAEA.

13