2004/491/Euratom:Commission Decision of 29 April 2004 amending Commission Decision 1999/819/Euratom of 16 November 1999 concerning the accession to the 1994 Convention on Nuclear Safety by the European Atomic Energy Community (Euratom) with regard to the Declaration attached thereto
Date: 2004-04-29
Institutions: European Commission
Subjects: EAEC, accession to an agreement, accession to the European Union, international convention, nuclear safety

6.5.2004

EN

Official Journal of the European Union

L 172/7

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 29 April 2004

amending Commission Decision 1999/819/Euratom of 16 November 1999 concerning the accession
to the 1994 Convention on Nuclear Safety by the European Atomic Energy Community (Euratom)
with regard to the Declaration attached thereto

(2004/491/Euratom)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Having regard to the Treaty establishing the European Atomic
Energy Community and in particular the second paragraph of
Article 101 thereof,

Having regard to Council Decision of 15 December 2003
amending Council Decision of 7 December 1998 approving
the accession of the European Atomic Energy Community to
the Nuclear Safety Convention with regard to the Declaration
attached thereto (1),

Having regard to the Treaty concerning the accession of the
Czech Republic,
the Republic of
the Republic of Estonia,
Cyprus, the Republic of Latvia, the Republic of Lithuania, the
Republic of Hungary, the Republic of Malta, the Republic of
Poland, the Republic of Slovenia and the Slovak Republic to the
European Union, signed in Athens on 16 April 2003,

Whereas:

(1)

(2)

The European Atomic Energy Community acceded to the
Convention on Nuclear Safety by Commission Decision
1999/819/Euratom of 16 November 1999 (2). On 31
January 2000,
accession were
deposited with the Director-General of the International
Atomic Energy Agency,
including a declaration under
Article 30(4)(iii) of the Convention.

instruments of

the

This Declaration made by the Community at the time of
the accession was based on a Council Decision which
was partially annulled by the Court of Justice (3), in so
far as the third paragraph of the declaration it contained
failed to state that the Community was competent in the
fields covered by Articles 7 and 14, Article 16(1) and (3)
and Articles 17 to 19 of the Convention. The deposited
declaration must therefore be replaced by an amended
declaration on the basis of Council Decision of 15
December 2003, executing the Court ruling,

the Republic of Estonia,
the Republic of Latvia,
the Republic of Hungary,

the
The Czech Republic,
the
Republic of Cyprus,
Republic of Lithuania,
the
Republic of Malta, the Republic of Poland, the Republic
of Slovenia and the Slovak Republic will become
members of the Community as from 1st May 2004.
The first paragraph of the Declaration must therefore
also be amended,

HAS ADOPTED THIS DECISION:

Article 1

The declaration made by the European Atomic Energy
Community according to the provisions of Article 30(4)(iii) of
the Convention on Nuclear Safety, as deposited with the
Director-General of the International Atomic Energy Agency
on 31 January 2000, shall be replaced by the following
declaration:

‘Declaration
the
Community pursuant

by

European Atomic

to Article 30(4)(iii) of

Energy
the

Nuclear Safety Convention

the
The following States are at present members of
European Atomic Energy Community:
the Kingdom of
Belgium, the Czech Republic, the Kingdom of Denmark,
the Federal Republic of Germany, the Republic of Estonia,
the Hellenic Republic, the Kingdom of Spain, the French
Republic, Ireland, the Italian Republic, Republic of Cyprus,
the
the Republic of Latvia,
Republic of Hungary,
the Grand
Duchy of Luxembourg, the Kingdom of the Netherlands,
the Republic of Austria,
the
Portuguese Republic, the Republic of Slovenia, the Slovak
Republic, the Republic of Finland, the Kingdom of Sweden,
the United Kingdom of Great Britain and Northern Ireland.

the Republic of Lithuania,

the Republic of Poland,

the Republic of Malta,

(1) Not yet published.
(2) OJ L 318 of 11.12.1999, p. 20.
(3) Judgment of the Court of Justice of 10 December 2002 in case C-

29/99 Commission v Council, ECR 2002, page I-11221.

The Community declares that Articles 1 to 5, Article 7 and
Articles 14 to 35 of the Convention apply to it.

L 172/8

EN

Official Journal of the European Union

6.5.2004

The Community possesses competences, shared with the
in the fields covered by
abovementioned Member States,
Article 7 and Articles 14 to 19 of
the Convention as
provided for by the Treaty establishing the European
and the
Atomic Energy Community in Article 2(b)
relevant Articles of Title II, Chapter 3, entitled “Health and
Safety”.’

tional Organisations in Vienna,
French and Spanish versions of the present Decision.

together with the English,

Article 3

This Decision shall enter into force on 1 May 2004.

Article 2

Done at Brussels, 29 April 2004.

The declaration in Article 1 shall be deposited with the
Director-General of the International Atomic Energy Agency,
depositary of the Convention, as soon as possible after the
entry into force of this Decision by letter signed by the Head
of the Delegation of the European Commission to the Interna-

For the Commission

Loyola DE PALACIO

Vice-President