Proposal for a Council Decision amending Council Decision of 16 December 1980 setting up the consultative committee for the fusion programme
Date: 2007-07-30
Institutions: European Commission
Subjects: EAEC, EU programme, accession to the European Union, advisory committee (EU), nuclear fusion, nuclear research, voting method

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 30.7.2007 
COM(2007) 455 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) 

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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  2006/970/Euratom2  of  18  December  2006  established  the 
Seventh  Framework  Programme  of  the  European  Atomic  Energy  Community 
(Euratom) for nuclear research and training activities, while contributing towards the 
creation of a knowledge-based society, building on the European Research Area. 

Based on the Article 7.2 of the Council Decision 2006/976/Euratom of 19 December 
20063,  the  Commission  shall  be  assisted  by  a  consultative  committee  for  the 
implementation  of  the  fusion  related  aspects  of  the  Specific  Programme  (Euratom) 
for  nuclear  research  and 
training  activities  (2007-2011).  The  consultative 
committee's composition and detailed operational rules and procedures applicable to 
it,  including  the  weighted  voting  system  shall  be  as  laid  down  in  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 7368/05 RECH 59, ATO 41, OC 180 of 18/04/05, after the 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 they 
are provided in Annex 14 attached herewith.  
Following  the  accession  of  the  two  new  Member  States  on  1/1/20075  and  having 
regard  to  the  Act6  concerning  their  conditions  of  accession  of  21/6/2005  and  in 

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), amended in 1982. 
OJ L 400, 30.12.2006, p. 60. 
OJ L 400, 30.12.2006, p. 404. 
Annex 1 describes the voting rights of the CCE-FU, currently in force, as stipulated in paragraph 14 of 
Council Decision 7368/05 RECH 59, ATO 41, OC 180 of 18/04/05. 
OJ C 321, 29.12.2006, p. 1. 
OJ L 157, 21.6.2005, p. 203. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

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particular  Article  50  thereof  that  stipulates  that  "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  March  2007  to  amend  accordingly  its 
weighted voting system. 

8. 

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

– 

Approve  the  attached  proposal  for  a  Council  decision  amending  the 
Council  Decision  of  16  December  1980  setting  up  the  consultative 
committee for the fusion programme. 

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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  2006/970/Euratom7  concerning  the  Seventh 
Framework  Programme  of  the  European  Atomic  Energy  Community  (Euratom)  for  nuclear 
research and training activities, also contributing towards the creation of a knowledge-based 
society, building on the European Research Area, 
Having regard to the Council Decision 2006/976/Euratom8 of 19 December 2006 concerning 
the  Specific  Programme  for  nuclear  research  and  training  activities  (2007  to  2011)  and  in 
particular  to  Article  7.2  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 Act9 concerning the conditions of accession of the Republic of Bulgaria 
and Romania and the adjustments of the Treaties on which the European Union is founded, 
and in particular Article 50 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 7368/05 
RECH 59, ATO 41, OC 180 of 18/4/200510,  

Whereas: 

(1) 

(2) 

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". 

The  consultative  committee  for  the  fusion  programme  (CCE-FU)  unanimously 
recommended on 21 March 2007 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. 

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10 

OJ L 400, 30.12.2006, p. 60. 
OJ L 400, 30.12.2006, p. 404. 
OJ L 157, 21.6.2005, p. 203; OJ C 321, 29.12.2006, p. 1. 
OJ L 108, 29.4.2005, p. 64. 

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(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 

Bulgaria 

Czech Republic 

Denmark 

Germany 

Estonia 

Greece 

Spain 

France 

Ireland 

Italy 

Cyprus 

Latvia 

Lithuania 

Luxembourg 

Hungary 

Malta 

Netherlands 

Austria 

Poland 

Portugal 

Romania 

Slovenia 

Slovakia 

Finland 

Sweden 

United Kingdom 

2 

2 

2 

2 

5 

1 

2 

3 

5 

2 

5 

1 

1 

2 

1 

2 

1 

2 

2 

3 

2 

2 

1 

2 

2 

2 

5 

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5 

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Switzerland 

Total 

2 

64 

For the adoption of an opinion, the required majority shall be 33 votes in favour by at least 
fifteen delegations'. 

Done at Brussels,  

For the Council 
The President 

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ANNEX 111 

CCE-FU Voting system in force (last amended by Council Decision of 18 April 2005) 

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 

Luxemburg 

Hungary 

Malta 

Netherlands 

Austria 

Poland 

Portugal 

Slovenia 

Slovakia 

Finland 

Sweden 

United Kingdom 

Switzerland 

Total 

2 

2 

2 

5 

1 

2 

3 

5 

2 

5 

1 

1 

2 

1 

2 

1 

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. 

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Country order is as followed in the Accession Act § 12 

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