Proposal for a Council Decision establishing Statutes for the Euratom Supply Agency
Date: 2007-03-16
Institutions: European Commission
Subjects: Euratom Supply Agency, accession to the European Union, enlargement of the Union, organisation, powers of the institutions (EU)

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 16.3.2007 
COM(2007) 119 final 

2007/0043 (CNS) 

Proposal for a 

COUNCIL DECISION  

establishing Statutes for the Euratom Supply Agency 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

Article  54  of  the  Treaty  establishing  the  European  Atomic  Energy  Community  provides  for 
the creation of the Euratom Supply Agency (hereinafter the ‘Agency’), and sets up its tasks 
and  obligations  in  guaranteeing  a  regular  and  equitable  supply  of  nuclear  materials  to 
European Union users. The Statutes of the Agency date from 1958, and in 1978 the Agency 
adopted its Accounting instructions. 

Taking into account the increase in the number of the Member States of the European Union 
as well as the need to apply modern financial provisions to the Agency and the need to fix its 
seat, new Statutes have to be adopted.  

The  new  Statutes  contain  financial  provisions  that  are  in  line  with  the  general  Financial 
Regulation  of  the  European  Communities.  In  parallel,  draft  Council  Financial  Regulation 
applicable to the Agency, is submitted together with this draft Decision, for adoption on the 
basis  of  Article  183  of  the  Euratom  Treaty.  The  capital  of  the  Agency  and  the  possibility, 
foreseen in the Euratom Treaty, to apply a charge on transactions, are maintained. 

The new Statutes of the Agency are adapted to the situation of an enlarged European Union. 
In particular, the size of the Agency’s Advisory Committee is changed in order to improve its 
operation and efficiency. 

In  line  with  the  administrative  decision  to  concentrate  activities  of  the  Commission  dealing 
with the implementation of the Euratom Treaty into Luxembourg, all the staff of the Agency 
were  transferred  from  Brussels  to  Luxembourg  in  2004.  The  new  Statutes  regularise  this 
situation. 

The proposed Council  Decision would result in modest financial savings in the Community 
budget due to fewer reimbursements to Advisory Committee members. 

EN 

2 

   EN 

 
2007/0043 (CNS) 

Proposal for a 

COUNCIL DECISION  

establishing Statutes for the Euratom Supply Agency 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Atomic  Energy  Community,  and  in 
particular Article 54 (2) thereof, 

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Parliament2, 

Whereas: 

(1) 

(2) 

The Treaty in its Chapter VI provides for the creation of the Euratom Supply Agency 
(hereinafter  the  ‘Agency’),  and  sets  up  its  tasks  and  obligations  in  guaranteeing  a 
regular  and  equitable  supply  of  nuclear  materials  to  European  Union  users.  The 
Statutes  of  the  Agency  were  adopted  on  6  November  1958.  Taking  into  account  the 
increase  in  the  number  of  the  Member  States  as  well  as  the  need  to  apply  modern 
financial provisions to the Agency and the need to fix its seat, these Statutes should be 
replaced. 

The new Statutes should contain financial provisions that are in line with the general 
Financial  Regulation  of  the  European  Communities.  At  the  same  time  the  new 
financial  regulation  applicable  to  the  Agency  shall  be  adopted  in  accordance  to 
Article 183  of  the  Treaty,  which  is  as  well  in  line  with  Council  Regulation 
(EC; Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable 
to the general budget of the European Communities3. The capital of the Agency and 
the  possibility,  foreseen  in  the  Euratom  Treaty,  to  apply  a  charge  on  transactions, 
should be maintained. 

(3) 

The  new  Statutes  of  the  Agency  should  be  adapted  to  the  situation  of  an  enlarged 
European Union. In particular,  the  size of the Agency’s Advisory Committee should 
be changed in order to improve its operation and efficiency. 

1 
2 
3 

OJ C […], p. […]. 
OJ C […], p. […]. 
OJ L 248, 16.9.2002, p. 1. 

EN 

3 

   EN 

 
                                                 
HAS DECIDED AS FOLLOWS: 

Article 1 

The Statutes of the Euratom Supply Agency, as set out in the Annex, are adopted. 

The Statutes of the Euratom Supply Agency of 6 November 19584 are repealed. 

Article 2 

Article 3 

This  Decision  shall  enter  into  force  on  the  […]  day  following  that  of  its  publication  in  the 
Official Journal of the European Union.  

Done at Brussels,  

For the Council 
The President 

4 

OJ 27, 6.12.1958 p. 534-540. 

EN 

4 

   EN 

 
 
 
                                                 
ANNEX  

Draft Statutes of the Euratom Supply Agency 

Chapter 1 - Internal structure and functioning 

Article 1 – Objectives and tasks 

1. 

The Euratom Supply Agency (hereafter the “Agency”) shall: 

a) execute competencies conferred to it by the Treaty; 

b) execute other tasks entrusted to it by the Commission; 

2. 

1. 

2. 

3. 

4. 

1. 

2. 

The Agency may also build up a stock of nuclear materials, in accordance with the 
Treaty. 

Article 2 - Legal status and seat 

The Agency has legal personality according to Article 54 of the Treaty. The Agency 
shall be recognised as an institution of public interest status and it shall operate on a 
non profit making basis. 

The  Protocol  on  the  Privileges  and  Immunities  of  the  European  Communities  shall 
apply to the Agency, its Director General and to its staff. 

The Agency shall have its seat in one of the locations of the Commission services. 
The Commission shall take decision in this regard. 

It  may  on  its  own  initiative  take  any  further  measures  concerning  its  own  internal 
organization which may be required for the carrying out of its tasks both within and 
outside the Community. 

Article 3 - Duties and powers of the Director-General 

The Director General shall be appointed by the Commission. 

The  Director  General  shall  represent  the  Agency.  He  may  delegate  his  powers  to 
other persons. The rules for delegating his powers shall be fixed in internal Agency 
documents.  

3. 

The Director General shall be responsible: 

–  for  exercising  the  Agency’s  exclusive  right  to  conclude  supply  contracts  for 

nuclear materials and its right of option; 

–  for the day-to-day administration of the Agency; 

–  for managing all the Agency resources; 

EN 

5 

   EN 

 
4. 

1. 

2. 

1. 

2. 

3. 

4. 

5. 

–  for the preparation of the draft statement of estimates of the Agency's revenue and 

expenditure, and execution of its budget; 

–  for all staff matters. 

Each year the Director General shall submit to the Commission a report covering the 
activities of the Agency in the previous year and a work programme for the coming 
year.  

Article 4 – Director-General and Staff 

The Director General and the staff of the Agency shall be officials of the European 
Communities  governed  by  the  Staff  Regulations  of  officials  of  the  European 
Communities  and  by  the  rules  adopted  jointly  by  the  institutions  of  the  European 
Communities  for  the  purposes  of  the  application  of  those  Staff  Regulations.  The 
officials shall be appointed by and their salaries shall be paid by the Commission. 

The  Director-General  and  the  staff  of  the  Agency  shall  have  security  clearance  in 
accordance  with  Article  194  of  the  Treaty  in  respect  of  any  facts,  information, 
knowledge, documents or objects subject to a system of security grading which come 
into their possession or are communicated to them. 

Article 5 – Supervision by the Commission 

The  Agency  shall  be  under  the  supervision  of  the  Commission,  which  may  issue 
directives to it and have a right of veto over its decisions. 

The right of veto shall lapse after a period of ten working days following a decision 
of the Agency, unless during that period reservation is made by the Commission or 
its representative. The Commission or its representative may waive the right to make 
such reservation before the expiry of that period. 

Where reservation is made by the Commission or its representative within the period 
prescribed  in  the  preceding  paragraph,  the  Commission  shall  adopt  a  definitive 
position not more than ten working days from the date on which the reservation was 
made. 

The provisions of this article shall in no way prevent Article 53 of the Treaty from 
being applied. 

Any act of the Agency referred to in Article 53 of the Treaty may be referred to the 
Commission  by  the  party  concerned  within  ten  working  days  of  notification  being 
received, or, failing such notification, within ten working days following publication. 
Failing notification and publication, the period shall run from the day on which the 
party concerned learns of the act. 

EN 

6 

   EN 

 
Chapter 2 - Financial Provisions 

Article 6 – Financial Organization 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

4. 

5. 

The Agency shall have financial autonomy. It shall operate according to commercial 
rules in the area of competence of the Agency. 

The Agency shall at all times be entitled to transfer the assets which it holds in euro 
into another currency in order to carry out financial or commercial operations which 
accord with its aims as defined by the Treaty and are consistent with these Statutes.  

The  Agency  shall  as  far  as  possible  avoid  making  such  transfers  if  it  has  cash  or 
liquid assets in the currency required. 

The  Agency  may  carry  out  financial  operations  in  connection  with  meeting  its 
objectives  with  funds  which  it  does  not  immediately  require  for  the  purposes  of 
meeting its obligations.  

The  Agency  is  empowered  to  contract,  on  behalf  of  the  European  Atomic  Energy 
Community and within the limits fixed by the Council, borrowings, the proceeds of 
which will be allocated for carrying out its tasks. 

Obligations entered into by the Agency pursuant to these Statutes are guaranteed by 
the European Atomic Energy Community. 

Article 7 – Revenue and expenditure 

Estimates  of  all  the  revenue  and  expenditure  of  the  Agency  shall  be  prepared  for 
each  financial  year  and  shall  be  shown  in  the  budget  of  the  Agency.  The  financial 
year shall correspond to the calendar year. 

The revenue and expenditure shown in the budget shall be in balance. 

The  Agency's  revenue  shall  consist  of  a  contribution  from  the  Community,  bank 
interest and income from its capital and bank investments, and, if necessary, a charge 
as foreseen in Article 54 of the Treaty and borrowings.  

The  expenditure  of  the  Agency  shall  consist  of  administrative  expenses  of  its  staff 
and of the Advisory Committee, as well as expenses resulting from contracts entered 
into with third parties. 

Each year the Director General shall produce an estimate of revenue and expenditure 
for the Agency for the following financial year. This estimate, which shall include a 
draft establishment plan, shall be forwarded to the Commission by 31 March at the 
latest after obtaining the opinion of the Advisory Committee. 

EN 

7 

   EN 

 
6. 

7. 

8. 

9. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

On  the  basis  of  the  estimate,  the  Commission  shall  enter  in  the  preliminary  draft 
general  budget  of  the  European  Union  the  estimates  it  deems  necessary  for  the 
establishment  plan  and  the  amount  of  the  subsidy  to  be  charged  to  the  general 
budget. 

In the framework of the budgetary procedure, the budget authority shall authorise the 
appropriations for the subsidy to the Agency and shall adopt the establishment plan 
for  the  Agency,  which  shall  appear  separately  in  the  establishment  plan  of  the 
Commission. 

The budget shall be adopted by the Commission. It shall become final following final 
adoption of the general budget of the European Union. Where appropriate, it shall be 
adjusted accordingly. The Agency’s budget shall be published on its website. 

Any modification of the establishment plan and of the budget of the Agency shall be 
the  subject  of  an  amending  budget  adopted  by  the  same  procedure  as  the  initial 
budget. Modifications of the establishment plan are submited to the budget authority. 
The amending budgets are forwarded for information to the European Parliament and 
Council. 

Article 8 – Budget execution, financial control and financial rules 

The Director General shall implement the budget of the Agency. 

Following  each  financial  year  the  Agency’s  accounting  officer  shall  submit  the 
Agency’s provisional accounts:  

a) by 1 March at the latest to the Accountant of the Commission, for consolidation 
purposes, and 

b) by 31 March at the latest following each financial year to the Court of Auditors. 

On  receipt  of  the  Court  of  Auditors'  observations  on  the  Agency's  provisional 
accounts,  the  Director General  shall  draw  up  the  Agency's  final  accounts  under  his 
own responsibility and submit them to the Advisory Committee for an opinion. 

The  Advisory  Committee  of  the  Agency  shall  deliver  an  opinion  on  the  Agency's 
final accounts. 

The  Director  General  shall,  by  1  July  at  the  latest  following  each  financial  year, 
forward the final accounts to the European Parliament, the Council, the Commission 
and the Court of Auditors, together with the Advisory Committee's opinion. 

The final accounts shall be published on the Agency’s website. 

The  Agency's  Director  General  shall  send  the  Court  of  Auditors  a  reply  to  its 
observations by 30 September at the latest. 

The Director General shall submit to the European Parliament, at the latter's request, 
any information necessary for the smooth application of the discharge procedure for 
the financial year in question. 

EN 

8 

   EN 

 
9. 

10. 

1. 

2. 

The  European  Parliament,  on  a  recommendation  from  the  Council  acting  by  a 
qualified  majority,  shall,  before  30  April  of  year  N  +  2,  give  a  discharge  to  the 
Director General in respect of the implementation of the budget for year N. 

The financial regulation applicable to the Agency shall be adopted in accordance to 
Articles 183 of the Treaty. 

Article 9 - Capital 

The capital of the Agency shall be EUR 5 824 000. 

The capital shall be subscribed as follows: 

Belgium 

Bulgaria 

Czech Republic 

Denmark 

Germany 

Estonia 

Greece 

Spain 

France 

Ireland 

Italy 

Cyprus 

Latvia 

Lithuania 

Luxembourg 

Hungary 

Malta 

Netherlands 

Austria 

192 000 

96 000 

192 000 

96 000 

672 000 

32 000 

192 000 

416 000 

672 000 

32 000 

672 000 

32 000 

32 000 

32 000 

- 

192 000 

- 

192 000 

96 000 

EUR 

EUR 

EUR 

EUR 

EUR 

EUR 

EUR 

EUR 

EUR 

EUR 

EUR 

EUR 

EUR 

EUR 

EUR 

EUR 

EUR 

EUR 

EUR 

9 

EN 

   EN 

 
Poland 

Portugal 

Romania 

Slovenia 

Slovakia 

Finland 

Sweden 

United Kingdom 

EUR 

EUR 

EUR 

EUR 

EUR 

EUR 

EUR 

EUR 

416 000 

192 000 

288 000 

32 000 

96 000 

96 000 

192 000 

672 000 

3. 

4. 

An instalment of 10 % of the capital shall be paid at the time of a Member State’s 
accession  to  the  Community.  In  addition,  further  instalments  of  the  capital  may  be 
called  up  by  decision  of  the  Council  acting  by  a  qualified  majority  on  a  proposal 
from  the  Commission.  The  amount  of  the  instalment  called  up  shall  be  paid  to  the 
Agency within thirty days following that decision. 

Participation in the capital shall not confer any entitlement to dividend or interest. It 
shall  carry  the  right  to  repayment  of  the  nominal  amount  of  the  instalments  of  the 
paid up capital in the sole event of the Agency being wound up. 

5. 

All payments shall be made in euro. 

1. 

1. 

Article 10 - Charges 

The  Agency  may,  in  accordance  with  Article  54  of  the  Treaty,  levy  a  charge  on 
transactions  in  which  the  Agency  takes  part  by  exercising  its  right  of  option  or  its 
exclusive right to conclude supply contracts. The proceeds of such a charge shall be 
used solely to defray its operating expenses. 

The provisions concerning this charge shall be detailed in an implementing decision. 

Chapter 3 - Advisory Committee 

Article 11 - Composition of the Advisory Committee 

The  Advisory  Committee  (hereinafter:  the  ‘Committee’)  shall  be  composed  of  one 
member  for  each  Member  State  without  nuclear  fuel  cycle  activities  and  two 
members  for  each  Member  State  with  nuclear  fuel  cycle  activities.  However  a 
Member  State  may  choose  not  to  participate  in  it.  Each  member  may  have  an 
alternate member who may participate in the meetings of the Committee in addition 
to the full member but may not vote if the full member is also present. If a member 
resigns or is unable to perform his/her duties, a successor shall be appointed for the 
remainder of the term of office. 

EN 

10 

   EN 

 
1. 

2. 

1. 

2. 

3. 

Committee  members  and  their  alternate  members  shall  be  appointed  by  their 
respective  Member  States  on  the  basis  of  their  degree  of  relevant  experience  and 
expertise  in  the  field  of  the  nuclear  fuel  cycle  or  nuclear  power  generation.  The 
duration of the term of office shall be three years. The term of office may be renewed 
once. 

Article 12 - Chairmanship of the Committee 

The  Committee  shall  nominate  a  Chairperson  and  two  Vice-Chairpersons  from  the 
members  of  the  Committee.  These  executive  officers  shall  represent  different  sides 
of  the  industry,  both  producers  and  users.  The  most  senior  of  the  two  Vice-
Chairpersons  takes  the  place  of  the  Chairperson  if  he/she  is  unable  to  fulfil  his/her 
duties. 

The  terms  of  office  of  the  Chairperson  and  the  Vice-Chairpersons  shall  be  three 
years.  Their  term  of  office  shall  not  be  renewable,  and  the  chairmanship  shall 
alternate between different sides of the industry. The mandate of the Chairperson or 
any  Vice-Chairperson  shall  automatically  terminate,  if  his/her  term  of  office  as 
member of the Committee expires without renewal. 

Article 13 - Terms of reference of the Committee 

The Committee shall assist the Agency in carrying out its tasks by giving opinions 
and  providing  information.  It  shall  act  as  a  link  between  the  Agency  and  both 
producers and users in the nuclear industry. 

The  Committee  may  be  consulted  upon  all  matters  within  the  competence  of  the 
Agency in verbal form at its meetings or written form in between such meetings. The 
Committee may also issue opinions upon any such matters on the initiative of at least 
one third of its members. 

The  Committee  shall  be  consulted  before  any  decision  is  taken  by  the  Director 
General concerning the following matters: 

(a) 

(b) 

(c) 

(d) 

(e) 

the rules to be followed for balancing supply and demand (Article 60 (6) of the 
Treaty); 

the  capital  of  the  Agency;  its  increase  or  decrease  or  further  capital 
subscription (Article 54 (4) of the Treaty); 

the  application  of  a  charge  on  transactions,  designed  to  defray  the  operating 
expenses of the Agency (Article 54 (5) of the Treaty); 

the  conditions  applicable  to  the  building  up  of  commercial  stocks  by  the 
Agency (Article 72 (1) of the Treaty); 

the financial regulation for the Agency annual budget, accounts, market report 
and work programme. 

EN 

11 

   EN 

 
 
4. 

5. 

6. 

7. 

The Director-General may, if necessary, fix a time limit for the Committee to submit 
its opinion. This time limit shall not be less than a month from the date on which the 
communication for this purpose is sent to the members of the Committee. 

If the opinion of the Committee cannot be obtained within this period, the Director-
General may take the decision. 

The decisions which are within the competence of the Director-General and relate to 
matters  specified  in  this  Article  shall  not  be  taken  before  ten  working  days  have 
elapsed  since  the  opinion  of  the  Committee  was  given,  if  those  decisions  are  at 
variance with the said opinion. 

The Committee shall adopt its rules of procedure for all matters that are not provided 
for by the present Statutes. 

Article 14 – Meetings of the Committee 

1. 

The Committee shall be convened at the seat of the Agency: 

(a) 

normally twice every year; 

(b) 

at the request of the Director-General of the Agency; 

(c) 

at  the  request  in  writing  of  not  less  than  one  third  of  the  members  of  the 
Committee, specifying the items to be placed on the agenda. 

Meetings  of  the  Committee  require  a  quorum  of  the  majority  of  its  members. 
Opinions  may  be  given  if  approved  by  a  majority  of  the  members  present  or 
represented. 

Each member of the Committee shall have one vote. If a member and his alternate 
member  are  unable  to  attend,  the  full  member  may  designate  in  writing  another 
member to vote on his/her behalf. No member may be designated to vote on behalf 
of more than one other member. 

The  Director-General  or  a  person  designated  to  represent  him/her  shall  attend 
meetings  of the Committee but  shall not have the right to vote. Other persons who 
are not staff of the Agency may participate in the meeting only with the consent of 
all  members  present  and  subject  to  the  obligation  under  paragraph  5  of  the  present 
Article. 

The  members  of  the  Committee  shall  be  bound  to  secrecy  in  accordance  with 
Article 194  of  the  Treaty  in  respect  of  all  facts,  information,  knowledge  or 
documents  subject  to  a  security  grading  which  come  into  their  possession  or  are 
communicated to them in their capacity as members of the Committee. 

The secretariat for the Committee shall be provided by the Agency. 

Travel expenses of one Committee member shall be reimbursed by the Agency.  

2. 

3. 

4. 

5. 

6. 

7. 

EN 

12 

   EN 

 
Final provisions 

Article 15 – Legal capacity of the Agency  

In  each  of  the  Member  States,  the  Agency  shall  enjoy  the  most  extensive  legal 
capacity accorded to legal persons under their laws. It may in particular, acquire or 
dispose  of  movable  and  immovable  property  and  may  be  a  party  to  legal 
proceedings. 

EN 

13 

   EN