2005/84/Euratom:Council Decision of 24 January 2005 approving the accession of the European Atomic Energy Community to the ‘Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management’
Date: 2005-01-24
Institutions: Council of the European Union
Subjects: accession to an agreement, international convention, irradiated fuel, nuclear safety, radioactive waste, waste management

L 30/10

EN

Official Journal of the European Union

3.2.2005

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 24 January 2005
approving the accession of the European Atomic Energy Community to the ‘Joint Convention on
the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management’

(2005/84/Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

The Joint Convention on the Safety of Spent Fuel
Management and on the Safety of Radioactive Waste
Management was
from 29
signature
September 1997 until
its entry into force on 18 June
2001.

open

for

This Convention is now open for accession by regional
organisations of an integration or other nature, provided
that any such organisation is constituted by sovereign
States and has competence in respect of the negotiation,
conclusion and application of international agreements in
matters covered by this Convention and the Community
has chosen to accede.

In view of
the tasks assigned to the Community by
Chapter 3 ‘Health and Safety’ of the Treaty establishing
the European Atomic Energy Community, the accession
of the European Atomic Energy Community to the Joint
Convention should be approved.

of destination in the
movements.

framework of

transboundary

(5) When becoming party to this Convention, Article
39(4)(iii) of this Convention obliges such an organisation
to communicate to the Depositary a declaration indi-
cating which States
thereof, which
Articles of this Convention apply to it, and the extent
of its competence in the field covered by those articles.

are members

(6)

competences, under

Joint Convention, of
The
Member States as contracting parties to it will not be
affected by the Community accession,

the

HAS DECIDED AS FOLLOWS:

Sole article

The accession of the European Atomic Energy Community
Fuel
Joint Convention on the Safety of Spent
Safety of Radioactive Waste

1.
to the
Management
Management is hereby approved.

and on the

The text of

2.
the declaration by the European Atomic
Energy Community according to the provisions of Article
39(4)(iii) of the Joint Convention on the Safety of Spent Fuel
Management
Safety of Radioactive Waste
Management is attached to the present Decision.

and on the

(4) When acceding to this Convention the European Atomic
Energy Community will have to put forward a reser-
vation with regard to the non-compliance of Article
12(1) of the Directive 92/3/Euratom on the supervision
and control of shipments of radioactive waste between
Member States and into and out of the Community (1)
with the specific requirement in Article 27(1)(i) of the
Joint Convention which requires the consent of the state

Done at Brussels, 24 January 2005.

For the Council

The President

F. BODEN

(1) OJ L 35, 12.2.1992, p. 24.

3.2.2005

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Official Journal of the European Union

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Declaration by the European Atomic Energy Community According to the provisions of Article 39(4)(iii) of the
Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management

ANNEX

the Kingdom of Spain,

The following States are presently members of the 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
the
Republic,
Republic of Latvia,
the
Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, 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 Cyprus,
the Republic of Hungary,

the Grand Duchy of Luxembourg,

the Republic of Lithuania,

the French Republic,

the Italian Republic,

Ireland,

The Community declares that Articles 1 to 16, 18, 19, 21 and 24 to 44 of the Joint Convention apply to it.

The Community possesses competences, shared with the abovementioned Member States, in the fields covered by Articles
4, 6 to 11, 13 to 16, 19 and 24 to 28 of the Joint Convention as provided by the Treaty establishing the European
Atomic Energy Community in Article 2(b) and the relevant Articles of Title II, Chapter 3, entitled ‘Health and Safety’.