Proposal for a Council Decision amending Council Decision of 16 December 1980 setting up the consultative committee for the fusion programme
Date: 2005-03-02
Institutions: European Commission
Subjects: EU programme, EU research policy, accession to the European Union, advisory committee (EU), nuclear fusion

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 2.3.2005 
COM(2005) 68 final 

Proposal for a 

COUNCIL DECISION 

amending Council Decision of 16 December 1980 setting up the consultative committee 
for the fusion programme 

(presented by the Commission) 

EN 

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EXPLANATORY MEMORANDUM 

The  study  of  fusion  by  magnetic  confinement  is  one  of  the  fields  of  research  in 
nuclear energy referred to Article 4 of the Treaty establishing the European Atomic 
Energy  Community  (Euratom).  By  successive  Council  Decisions  since  the  Initial 
Research  and  Training  Programme  of  the  Euratom  in  1958,  the  Community  fusion 
programme is intended to embrace all the work carried out in the field of controlled 
thermonuclear  fusion  by  magnetic  confinement,  in  the  Member  States  and  in  the 
third Countries fully associated with Euratom1. 

By virtue of Article 7(4) of the Euratom Treaty, the Commission shall ensure that the 
fusion  programme  is  carried  out.  For  the  purposes  of  implementing  the  fusion 
programme, the Commission is assisted by a consultative committee. 

A  consultative  committee  (CCFP)  was  set  up  pursuant  to  Article  4  of  Council 
Decision  4151/81  ATO  103  of  16  December  1980,  which  also  defined  the 
committee’s  rules  of  procedure  including  in  particular  a  weighted  voting  system  as 
stipulated in article 14 thereof. By referring to the above Council Decision of 1980, 
the  consultative  committee  was  re-established  by  successive  Council  Decisions 
adopting  the  specific  programmes  of  research  and  training  of  Euratom.  The  CCFP 
was  renamed  CCE-FU  on  17/11/1999,  when  it  adopted  its  own  rules  of  procedure, 
pursuant to Article 12 of the Council Decision of 16 December 1980. 

The  Council  Decision  2002/668/Euratom2  of  3  June  2002  established  the  sixth 
framework  programme  of  the  Euratom  for  nuclear  research  and  training  activities, 
also contributing to the creation of the European Research Area (2002 to 2006). 

Based  on  Article  6.2  of  the  Council  Decision  2002/837/Euratom  of  30  September 
20023,  the  Commission  shall  be  assisted  by  a  consultative  committee  for  the 
implementation  of  the  fusion  related  aspects  of  the  Specific  programme  (Euratom) 
for  research,  development  and  training  on  nuclear  energy  (2002-2006).  The 
consultative committee’s composition and detailed operational rules and procedures 

The Cooperation with Switzerland in this field is based on the Agreement concluded between Euratom 
and the Swiss Confederation on 30.05.1979 (OJ L 242, 4.9.1978, p.2); the Cooperation with Bulgaria in 
this  field  is  based  on  a  Memorandum  of  Understanding  between  the  European  Communities  and 
Bulgaria on Bulgaria’s association with the sixth framework of the European Community for research, 
technological  development  and  demonstration  activities,  contributing  to  the  creation  of  the  European 
Research  Area  and  to  innovation  (2002-2006),  and  with  the  sixth  framework  programme  of  the 
European  Atomic  Energy  Community  (Euratom)  for  nuclear  research  and  training  activities,  also 
contributing  to  the  creation  of  the  European  Research  Area  (2002-2006),  signed  on  29/10/2002,  and 
entered into force on 24/2/2003, OJ C 64, 18.3.2003, p.23; the Cooperation with Romania in this field is 
based  on  a  Memorandum  of  Understanding  between  the  European  Communities  and  Romania  on 
Romania’s  association  with  the  sixth  framework  of  the  European  Community  for  research, 
technological  development  and  demonstration  activities,  contributing  to  the  creation  of  the  European 
Research  Area  and  to  innovation  (2002-2006),  and  with  the  sixth  framework  programme  of  the 
European  Atomic  Energy  Community  (Euratom)  for  nuclear  research  and  training  activities,  also 
contributing  to  the  creation  of  the  European  Research  Area  (2002-2006),  signed  on  29/10/2002  and 
entered into force on 29/10/2003, OJ C 64, 18.3.2003, p.19. 
OJ L 232, 29.8.2002, p.34. 
OJ L 294, 29.10.2002, p.74. 

1. 

2. 

3. 

4. 

5. 

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3 

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2 

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6. 

7. 

applicable  to  it,  including  the  weighted  voting  system  are  all  based  on  the  Council 
Decision of 16 December 1980. 

The voting rights of the CCE-FU (formerly CCFP) were amended accordingly after 
each  accession  of  new  Member  States.  They  were  last  amended  following  Council 
Decision  95/1/EC  EURATOM,  ECSC  of  1.1.1995,  after  the  accession  of  Austria, 
Finland, and Sweden, and they are provided in Annex 1 attached herewith. Following 
request  by  the  Greek  delegation  to  the  CCE-FU,  the  CCE-FU  unanimously 
recommended in June 2002 to amend its weighted voting system so that it become 
similar  to  the  voting  system  applied  in  the  frame  of  the  European  Fusion 
Development  Agreement  (EFDA4).  The  recommendation  by  the  CCE-FU  entailed 
that the voting rights of Greece, Ireland and Finland be adapted from one vote to two 
votes each. The proposed amendment was adopted by the Commission on 27/3/03 – 
COM(2003)149 final but it has been not as yet adopted by the Council. 

Following  the  accession  of  the  ten  new  Member  States  on  1/5/2004  and  having 
regard  to  the  Act5  concerning  their  conditions  of  accession  of  23/9/2003  and  in 
particular article 51 thereof, that calls for adaptations to the rules of the Committees 
established  by  the  original  Treaties  and  to  their  rules  of  procedure,  necessitated  by 
the  accession,  shall  be  made  as  soon  as  possible  after  accession,  the  CCE-FU 
unanimously recommended on 21 October 2004 to amend accordingly their weighted 
voting system. 

8. 

In the light of the above-mentioned considerations, the Commission proposes that the 
Council: 

– 

Decide  on  the  amendment  of  the  Council  Decision  of  16  December  1980 
setting up the consultative committee for the fusion programme. 

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The Agreement was concluded by Commission Decision C(1999) 612 on 17.3.1999 and was amended 
thereafter  by  the  Commission  Decisions  C(1999)  3230  on  12.10.1999,  C(1999)  1725  on  3.7.2000, 
C(2002) 1813 on 7.3.2002 and C(2004) 1385 on 16.4.2004. 
OJ L 236, 23.9.2003, p.33. 

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Proposal for a 

COUNCIL DECISION 

amending Council Decision of 16 December 1980 setting up the consultative committee 
for the fusion programme 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Atomic  Energy  Community,  and  in 
particular to the fourth paragraph of Article 7 thereof, 

Having  regard  to  the  Council  Decision  2002/668/Euratom6  of  3  June  2002  concerning  the 
sixth framework programme of the Euratom for nuclear research and training activities, also 
contributing to the creation of the European Research Area (2002 to 2006), 

Having regard to the Council Decision 2002/837/Euratom7 of 30 September 2002 adopting a 
specific programme (Euratom) for research and training on nuclear energy (2002-2006) and in 
particular  to  Article  6.2  thereof  that  provides  that,  for  the  purposes  of  implementing  the 
specific programme, the Commission shall be assisted by a consultative committee and that, 
for fusion-related aspects, the composition of this committee and the detailed operational rules 
and procedures applicable to it shall be as laid down in the Council Decision of 16 December 
1980, 

Having regard to the Act8 concerning the conditions of accession of the Czech Republic, the 
Republic  of  Estonia,  the  Republic  of  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 and the adjustments of the Treaties on which 
the European Union is founded, and in particular article 51 thereof, 

Having regard to the Council Decision 4151/81 ATO 103 of 16 December 1980 setting up a 
Consultative Committee for the fusion programme, and in particular to article 14 thereof that 
lays down a voting system for this Committee, as last amended by Council Decision 95/1/EC 
Euratom, ECSC of 1 January 19959, 

Whereas: 

(1) 

The  consultative  committee  for  the  fusion  programme  (CCE-FU)  shall  deliver  its 
opinions by means of a weighted voting system when relating to §5.g) of the Council 
decision  of  16  December  1980,  to  “define  priority  actions  with  a  view  to  allocation  of 
preferential support”. 

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7 
8 
9 

OJ L 232, 29.8.2002, p.34. 
OJ L 294, 29.10.2002, p.74. 
OJ L 236, 23.9.2003, p.33. 
OJ L 1, 1.1.1995, p.1. 

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4 

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(2) 

The  consultative  committee  for  the  fusion  programme  (CCE-FU)  unanimously 
recommended on 21 October 2004 to update its weighted voting system which should 
be  applied  within  the  committee  referred  to  Article  14  of  Council  Decision  of  16 
December  1980,  when  dealing  with  fusion  related  aspects,  in  order  to  include  the 
voting rights of the new Member States following their accession. 

(3) 

In view of the above, it is now appropriate to modify accordingly the Council Decision 
of 16 December 1980 setting up the consultative committee for the fusion programme, 

HAS DECIDED AS FOLLOWS: 

Sole Article 

In  paragraph  14  of  Council  Decision  of  16  December  1980  setting  up  the  consultative 
committee  for  the  fusion  programme,  the  last  two  sentences  are  replaced  by  the  following 
text: 

'Opinions  relating  to  point  (g)  of  paragraph  5  shall  be  adopted  by  the  following  weighted 
voting system: 

Belgium 

Czech Republic 

Denmark 

Germany 

Estonia 

Greece 

Spain 

France 

Ireland 

Italy 

Cyprus 

Latvia 

Lithuania 

Luxembourg 

Hungary 

Malta 

2 

2 

2 

5 

1 

2 

3 

5 

2 

5 

1 

1 

2 

1 

2 

1 

EN 

5 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Netherlands 

Austria 

Poland 

Portugal 

Slovenia 

Slovakia 

Finland 

Sweden 

United Kingdom 

Switzerland 

Total 

2 

2 

3 

2 

1 

2 

2 

2 

5 

2 

60 

For  the  adoption  of  an  opinion,  the  required  majority  shall  be  31  votes  in  favour  by  at  least 
fourteen delegations.’ 

Done at Brussels, 

For the Council 
The President 

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