Draft interinstitutional agreement on inter-institutional co-operation in the framework of international Conventions to which the European Atomic Energy Community and its Member States are parties {SEC(2006) 519}
Date: 2006-04-28
Institutions: European Commission
Subjects: EAEC, competence of the institution, institutional agreement, interinstitutional cooperation (EU), international convention

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 28.4.2006 
COM(2006) 179 final 

Draft 

INTERINSTITUTIONAL AGREEMENT 

on inter-institutional co-operation in the framework of international Conventions to 
which the European Atomic Energy Community and its Member States are parties 

(presented by the Commission) 

{SEC(2006) 519} 

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EXPLANATORY MEMORANDUM 

1. 

OBJECTIVE 

The  purpose  of  this  proposal  is  to  set  out  general  principles  for  inter-institutional  co-
ordination  between  the  Member  States  represented  in  the  Council,  and  the  Commission 
representing the European Atomic Energy Community (hereinafter “the Community”), when 
participating at international events whose subject matter falls partly within the competence of 
the Community covered by the Treaty establishing the European Atomic Energy Community 
and partly within that of the Member States.  

Coordination between the Commission and the Member States represented in the Council is 
necessary  in  order  for  them  to  exercise  their  respective  roles  in  full  accordance  with  the 
Treaty and the Community spirit when both the Commission and the Member States take part 
in such events. 

The need to define a set of principles for joint participation by Euratom and its Member States 
was highlighted recently during the meetings to review the Convention on Nuclear Safety and 
the  Conference  to  consider  and  adopt  proposed  amendments  to  the  Convention  on  the 
Physical Protection of Nuclear Material. 

2. 

EURATOM EXTERNAL COMPETENCE 

The main task of the European Atomic Energy Community created in 1957, as stipulated in 
Article 1 of the Euratom Treaty, is “to contribute to the raising of the standards of living in the 
Member  States  and  to  the  development  of  relations  with  other  countries  by  creating  the 
conditions  necessary  for  the  speedy  establishment  and  growth  of  nuclear  industries”.  To 
accomplish  this  task,  the  Community  has  been  given  sovereign  rights,  which  the  Member 
States ceded to it by signing the Euratom Treaty, in the following main areas: research, health 
and  safety  (protection  of  workers  and  the  population  against  the  dangers  of  ionising 
radiation), supply of raw materials and nuclear safeguards. 

The  Community  can  under  Article  2(h)  of  the  Euratom  Treaty  establish  relations  with  third 
countries  and  international  organisations  to  foster  progress  in  the  peaceful  uses  of  nuclear 
energy.  To  this  end,  the  Community  may,  within  the  limits  of  its  powers  and  jurisdiction, 
enter  into  obligations  by  concluding  agreements  or  contracts  with  a  third  State,  an 
international organisation or a national of a third State (Article 101 of the Euratom Treaty). 

The  Community’s  external  competence  has  been  confirmed  by  case  law.  In  1978,  in 
connection  with  the  planned  accession  by  the  Community  to  the  Physical  Protection 
Convention,  the  Court  of  Justice  of  the  European  Communities  examined  the  Community’s 
external competences1. Referring to its case law on external competences, the Court noted that 
as  the  Community  develops  common  internal  rules  it  also  acquires  authority  over  external 
negotiations which might affect these common rules2. The Court of Justice also declared that 
if  the  Community  has  the  internal  competence  to  achieve  a  specific  objective,  it  implicitly 

1 
2 

Ruling of the Court of 14 November 1978, Ruling 1/78. 
Case 22/70 of 31.03.1971, Commission v. Council, ECR 1971, p. 263 - AETR. 

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holds the exclusive external competence on that subject insofar as such an external exercise is 
necessary  to  achieve  that  objective3.  Furthermore,  concerning  the  implementation  of  an 
international  obligation  by  the  Community  and  its  Member  States,  the  Court  ruled  that  the 
Convention  can  be  implemented  as  regards  the  Community  only  by  means  of  a  close 
association  between  the  institutions  of  the  Community  and  the  Member  States,  both  in  the 
process of negotiation and conclusion and in the fulfilment of the obligations entered into. 

In 1994, the Court of Justice confirmed in its Opinion 1/944 that “where it is apparent that the 
subject  matter  of  an  agreement  or  convention  falls  in  part  within  the  competence  of  the 
Community  and  in  part  within  that  of  the  Member  States,  it  is  essential  to  ensure  close 
cooperation between the Member States and the Community institutions both in the process of 
negotiation and conclusion and in the fulfilment of the commitments entered into”. 

Recently, concerning the accession of the Community to the Convention on Nuclear Safety, 
the  opinion  of  Advocate-General  Jacobs,  based  on  which  the  Court  gave  judgment  on  10 
December  2002,  confirmed  that:  “Under  Article  101(1)  of  the  Treaty  the  Community  may 
conclude international agreements ‘within the limits of its powers and jurisdiction’. Euratom 
external  competence  therefore  has  the  same  scope  as  its  internal  competence  or,  in  other 
words, it has the power to enter into international agreements on all the matters on which it is 
entitled to act internally”5. 

3. 

EURATOM OBLIGATIONS ARISING FROM ITS INTERNATIONAL RELATIONS 

3.1. 

Introduction 

For the matters covered by the Treaty establishing the European Atomic Energy Community 
the Community is at present a contracting party to five international conventions; these are the 
Convention on Nuclear Safety, the Joint Convention on the Safety of Spent Fuel Management 
and on the Safety of Radioactive Waste Management, the Convention on Early Notification of 
a  Nuclear  Accident,  the  Convention  on  Assistance  in  the  Case  of  a  Nuclear  Accident  or 
Radiological Emergency and the Convention on the Physical Protection of Nuclear Material.  

These  conventions  provide  that  regional  integration  organisations  are  parties  only  to  the 
extent  of  their  competence.  The  extent  of  their  competence  in  matters  covered  by  the 
Convention  has  to  be  communicated  by  the  regional  integration  organisations  when 
depositing  their  instrument  of  accession.  In  particular,  the  Community,  when  acceding  to 
these  conventions,  deposited  its  declarations.  (Listed  in  the  Commission  Staff  Working 
Document)  

3.2. 

General principles 

By signing the Euratom Treaty, the Member States transferred some of their competences in 
the nuclear field to the Community. Therefore, the Community alone, when it has exclusive 
competence,  or,  together  with  the  Member  States,  when  competences  are  shared,  is  in  a 

3 

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Opinion  1/76  of  26.04.1977,  Draft  Agreement  establishing  a  European  laying-up  fund  for  inland 
waterway vessels, ECR 1977, p. 741. 
Opinion 1/94 of 15.11.1994. 
Opinion of Advocate-General Jacobs delivered on 13 December 2001, Case C-29/99. European Court 
reports 2002, p. I-11221. 

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position  to  assume  and  carry  out  obligations  vis-à-vis  third  countries  at  international 
conferences, the result of which could affect the Community’s sphere of competences.  

The Community and the Member States when implementing their international obligations in 
this field, which fall in part within the Community’s competence and in part within that of the 
Member States, have therefore to respect the following principles:  

–  Principle  of  co-operation:  the  Member  States  and  the  Community  institutions  shall  co-

operate closely in order to ensure the best possible result. 

–  Principle  of  coordination:  the  Member  States  and  the  Community  shall  coordinate  their 

positions, always upholding a common position.  

–  Principle  of  solidarity:  This  principle  is  laid  down  in  Article  192  of  the  Euratom  Treaty: 
“Member  States  shall  take  all  appropriate  measures  whether  general  or  particular,  to 
ensure fulfilment of the obligations arising out of this Treaty or resulting from action taken 
by  the  institutions  of  the  Community.  They  shall  facilitate  the  achievement  of  the 
Community’s  tasks.  They  shall  abstain  from  any  measure  which  could  jeopardise  the 
attainment of the objectives of this Treaty.” 

–  Principle of unity: the Member States shall facilitate the Community’s task to ensure the 

unity of its representation vis-à-vis third parties. 

–  Added  value  principle:  the  Member  States  should  regard  the  fact  that  they  belong  to  the 
Community as an added value which does not hinder but rather reinforces their positions at 
international conferences. 

3.3. 

Community participation at review meetings 

The two IAEA Conventions – the Convention on Nuclear Safety and the Convention on the 
Safety  of  Spent  Fuel  Management  and  on  the  Safety  of  Radioactive  Waste  Management  - 
created an obligation for the States Parties to hold regular review meetings every three years. 
The purpose of these review meetings is to examine the reports submitted by the contracting 
parties on measures taken to implement the obligations of the Conventions. 

The Commission – representing the Community at such review meetings – draws up a report 
on measures taken on behalf of Euratom to implement obligations of the Conventions which 
fall within its competences recognised in the Treaty establishing the European Atomic Energy 
Community, and it takes part alongside the Member States in review meetings to the extent of 
its competences. 

The Commission should initiate contacts with the Council prior to finalising this report in due 
time before the review meeting in order to allow discussions with the Member States aimed at 
clarifying  parts  of  the  report.  The  Council  is  the  appropriate  forum  for  such  discussions. 
According  to  the  principles  outlined  above,  reports  submitted  on  behalf  of  the  Community 
should constitute a Community document and – as such – not be the subject of discussion by 
Member States in international fora.  

In those fora, reports submitted by the contracting parties are discussed and evaluated in so-
called  “country  groups”,  until  now  according  to  the  peer  review  principle.  Only 
representatives of delegations represented in a given country group are, in principle, allowed 
to participate in these discussions. The representatives of the Commission present the report 

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on  behalf  of  Euratom.  The  individual  Member  States  are  not  included  in  the  Euratom 
delegation. The proposed agreement provides that Member States who so wish may take part 
in the Euratom delegation in order to ensure the unity of the Community’s representation vis-
à-vis third parties.  

3.4. 

Community participation at revision and amendment conferences 

All the conventions mentioned provide a mechanism for them to be revised or amended. The 
Community  as  a  contracting  party  to  these  conventions  takes  part  in  these  conferences  in 
order to ensure the compatibility of the obligations arising from the conventions with polices 
and provisions of the Euratom Treaty and its secondary legislation. 

When  the  subject  matter  of  the  revision  or  amendment  conference  falls  partly  within  the 
competence  of  the  Community  covered  by  the  Treaty  establishing  the  European  Atomic 
Energy  Community  and  partly  within  that  of  the  Member  States,  the  participation  of  the 
Community needs to be co-ordinated.  

Therefore,  prior  to  the  conference,  the  Commission  has  to  undertake  the  necessary 
consultation with the Member States in the Council in order to establish a common position, 
which will be then promoted on behalf of the Community. 

Furthermore,  at  the  request  of  the  Commission  or  any  of  the  Member  States,  as  many  as 
required  on-the-spot  consultations  should  take  place  between  the  Commission,  the  Member 
States and the Council so as to establish a common position which would be presented during 
the conference on behalf of the Community.  

4. 

CONCLUSION 

This  proposal  for  an 
interinstitutional  agreement  sets  out  general  principles  for 
interinstitutional  co-ordination  between  the  Member  States  meeting  within  the  Council  and 
the  Commission  representing  the  European  Atomic  Energy  Community  when  attending 
meetings organised in the framework of international Conventions to which Euratom and its 
Member States are parties, in order to ensure a single representation vis-à-vis third states and 
to ensure that both Community and national obligations are respected. 

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Draft 

INTERINSTITUTIONAL AGREEMENT 

on inter-institutional co-operation in the framework of international Conventions to 
which the European Atomic Energy Community and its Member States are parties 

THE  COMMISSION  OF  THE  EUROPEAN  COMMUNITIES  AND  THE  COUNCIL  OF 
THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Atomic  Energy  Community,  and  in 
particular Article 192 thereof, 

Whereas: 

(1)  Where  the  subject  matter  of  an  agreement  or  convention  falls  in  part  within  the 
competence  of  the  Community  and  in  part  within  that  of  the  Member  States,  it  is 
essential  to  ensure  close  co-operation  between  the  Member  States  represented  at  the 
Council and the Commission, both in the process of negotiation and conclusion and in 
the  fulfilment  of  the  commitments  entered  into.  That  obligation  to  co-operate  flows 
from  the  requirement  of  unity  in  the  international  representation  of  the  Community. 
The Commission and the Member States should take all necessary steps to ensure the 
best possible co-operation in that regard. 

(2) 

The  European  Atomic  Energy  Community  is  at  present  a  contracting  party  to  five 
international  conventions,  in  particular  the  Convention  on  Nuclear  Safety6,  the  Joint 
Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive 
Waste Management7, the Convention on Early Notification of a Nuclear Accident8, the 
Convention  on  Assistance  in  the  Case  of  a  Nuclear  Accident  or  Radiological 
Emergency9 and the Convention on the Physical Protection of Nuclear Material10. 

(3) 

Participation in international fora should be based on clear and agreed principles. 

(4) 

The  Convention  on  Nuclear  Safety  and  the  Convention  on  the  Safety  of  Spent  Fuel 
Management  and  on  the  Safety  of  Radioactive  Waste  Management  set  up  an 
obligation for the Contracting Parties to hold regular review meetings to examine the 
reports  on  measures  taken  to  implement  conventions’  obligations  submitted  by  the 
contracting  parties.  The  Council  should  be  adequately  consulted  in  the  reports  to  be 
drawn up and presented by the Commission on behalf of Euratom. 

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10 

OJ L 318, 11/12/1999, p. 20. 
OJ L 185, 16/07/2005, p. 33-34. 
OJ L […], […], p. […]. 
OJ L […], […], p. […]. 
OJ L 149, 17/06/1980, p. 41. 

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(5) 

The  Commission  representing  the  European  Atomic  Energy  Community,  being  a 
contracting party to conventions, participates alongside the Member States at revision 
and amendment conferences to the extent of its competences. In order to ensure unity 
of  the  Community's  representation  vis-à-vis  third  parties,  all  necessary  consultations 
should be undertaken with a view to reaching a common position, in respect of which 
consistent  participation  by  both  the  Commission  and  the  Member  States  can  be 
ensured.  

HAVE AGREED AS FOLLOWS:  

1. 

PURPOSE  

The  purpose  of  this  agreement  is  to  set  up  general  principles  for  co-ordinating  the 
participation  of  the  Member  States  and  the  Commission  representing  the  European  Atomic 
Energy  Community  at  international  events  whose  subject  matter  falls  partly  within  the 
competence  of  the  Community  covered  by  the  Treaty  establishing  the  European  Atomic 
Energy Community and partly within that of the Member States.  

2. 

GENERAL PRINCIPLES 

The  Member  States,  when  participating  at  such  international  events,  shall  act  in  close  co-
operation  with  the  Commission  and  the  Council  on  the  basis  of  the  following  general 
principles. 

1. 

2. 

3. 

4. 

5. 

3. 

1. 

2. 

Co-operation: the Member States and the Community institutions shall work together 
in order to ensure the best possible result.  

Co-ordination:  the  Member  States  and  the  Community  institutions  shall  coordinate 
their positions in order to uphold a common position. 

Solidarity: the Member States shall take all appropriate measures to ensure fulfilment 
of  the  international  obligations  of  the  Community  and  shall  abstain  from  any 
measures which could jeopardise the attainment thereof.  

Unity: the Member States shall facilitate the role of the Community’s towards third 
parties by ensuring the unity of its representation. 

Added  value:  the  Member  States  should  regard  belonging  to  the  Community  as  an 
added value which strengthens rather than hinders their positions at the international 
conferences. 

PARTICIPATION AT REVIEW MEETINGS 

The  Commission  shall  initiate  contacts  with  the  Council  well  before  the  review 
meeting  takes  place,  prior  to  finalising  its  report  on  measures  taken  to  implement 
obligations arising out of conventions.  

The Community reports shall be discussed by Member States and Commission only 
within the Council. Discussions in other fora shall be avoided. 

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3. 

4. 

1. 

2. 

3. 

4. 

For  the  review  meetings  the  Member  States  can  nominate  their  representatives  to 
take  part  in  the  Commission  delegation.  However,  these  representatives  shall  be 
different from those of the national delegations.  

ATTENDANCE AT REVISION AND AMENDMENT CONFERENCES 

Prior  to  a  revision  or  an  amendment  conference,  the  Commission  and  the  Member 
States  shall  undertake  consultations  in  the  Council  in  order  to  establish  a  common 
position.  

During  the  conference  on-the-spot  preparatory  meetings  involving  all  the  Member 
States present shall be organised by the Commission and the Council together. These 
meetings  shall  be  called  every  time  this  is  required  or  on  the  request  of  a  Member 
State or the Commission in order to establish a common position to be presented in 
plenary on behalf of the Community.  

During  the  conference  the  common  position  shall  be  presented  on  behalf  of  the 
Community  by  the  Commission  if  it  concerns  a  subject  matter  for  which  the 
Community  has  the  exclusive  competence,  or  by  the  Council  when  it  concerns 
national competences, or jointly where the competences are shared. The Commission 
and the Member States may speak in support of the common position. 

The  Member  States  shall  vote  in  line  with  the  common  position  which  has  been 
agreed. 

5. 

PUBLICATION 

The present agreement shall be published in the Official Journal of the European Union.  

Done at Brussels,  

For the Commission 
The President 

For the Council 
The President 

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