2008/114/EC,Euratom: Council Decision of 12 February 2008 establishing Statutes for the Euratom Supply Agency
Date: 2008-02-12
Institutions: Council of the European Union
Subjects: Euratom Supply Agency, financial autonomy, legal capacity, legal status

15.2.2008

EN

Official Journal of the European Union

L 41/15

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

II

DECISIONS

COUNCIL

COUNCIL DECISION

of 12 February 2008

establishing Statutes for the Euratom Supply Agency

(2008/114/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

(3)

Having regard to the Treaty establishing the European Atomic
Energy Community, and in particular Article 54 second sub-
paragraph thereof,

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,

Having regard to the proposal from the Commission,

HAS DECIDED AS FOLLOWS:

Having regard to the opinion of the European Parliament (1),

Article 1

Whereas:

(1)

(2)

Title II, Chapter 6 of the Treaty provides for the creation
of the Euratom Supply Agency (hereinafter referred to as
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 (2). 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these Statutes should be repealed and replaced.

to the general budget of

The new Statutes should contain financial provisions that
are in line with Council Regulation (EC, Euratom) No
1605/2002 of 25 June 2002 on the Financial Regulation
applicable
the European
Communities (3). At the same time the new Financial
Regulation applicable to the Agency should be adopted
in accordance to Article 183 of the Treaty. The capital of
the Agency and the possibility, foreseen in the Treaty, to
apply a charge on transactions, should be maintained.

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

Article 2

The Statutes of the Euratom Supply Agency of 6 November
1958 shall be repealed.

Article 3

This Decision shall take effect on the 20th day following its
publication in the Official Journal of the European Union.

Done at Brussels, 12 February 2008.

For the Council
The President

A. BAJUK

(1) Opinion of 13 November 2007 (not yet published in the Official

Journal).

(2) OJ 27, 6.12.1958, p. 534.
(3) OJ L 248, 16.9.2002, p. 1. Regulation as last amended by Regu-

lation (EC) No 1525/2007 (OJ L 343, 27.12.2007, p. 9).

L 41/16

EN

Official Journal of the European Union

15.2.2008

ANNEX

STATUTES OF THE EURATOM SUPPLY AGENCY

CHAPTER 1

Article 3

INTERNAL STRUCTURE AND FUNCTIONING

Duties and powers of the Director General

Article 1

Objectives and tasks

1.

The Director General shall be appointed by the Commission.

1.
The aim of the Euratom Supply Agency (hereinafter referred to as
the Agency) shall be to perform the tasks entrusted to it by Title II,
Chapter 6 of the Treaty, in accordance with the objectives of the Treaty.

2.
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.

To this end, the Agency shall, inter alia:

3.

The Director General shall be responsible:

— provide the Community with expertise, information and advice on
any subjects connected with the operation of the market in nuclear
materials and services,

— for ensuring performance of

the Agency’s tasks referred to in

Article 1,

— play a market-monitoring role by monitoring and identifying market
trends that could affect security of the European Union’s supply of
nuclear materials and services,

— seek the advice of, be supported by and act in close cooperation
with the Advisory Committee established in accordance with Article
11 (hereinafter referred to as the Committee).

The Agency may also build up a stock of nuclear materials, in

2.
accordance with the Articles 62 and 72 of the Treaty.

Article 2

Legal status and seat

1.
The Agency has legal personality according to Article 54 of the
Treaty. The Agency shall carry on its activities exclusively in the general
interest. It shall operate on a non-profit making basis.

— 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 and management of all the Agency

resources,

— for keeping the Committee regularly informed and consulting it on
any matters under the Committee’s competence in accordance with
Article 13(3),

— for the preparation of

the draft statement of estimates of
Agency’s revenue and expenditure, and execution of its budget,

the

— for conducting any study and producing any specific report deemed
necessary in accordance with Article 1(1), in close cooperation with
the Committee, and sending such studies and reports to the
European Parliament, the Council and the Commission.

2.
The Protocol on the Privileges and Immunities of the European
Communities shall apply to the Agency, its Director General and to its
staff.

Each year the Director General shall submit

4.
to the European
Parliament, the Council and the Commission a report covering the
activities of the Agency in the previous year and a work programme
for the coming year, after obtaining the opinion of the Committee.

3.

The Agency shall have its seat in Luxembourg.

4.
It may on its own initiative take any further measures concerning
its own internal organisation which may be required for the carrying
out of its tasks both within and outside the Community.

5.
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.

Article 4

Director General and staff

The Director General and the staff of the Agency shall be or
1.
become officials of the European Communities governed by Staff Regu-
lations of officials and the Conditions of employment of other servants
of the European Communities laid down by Regulation (EEC, Euratom,
ECSC) No 259/68 of the Council (1) 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.

(1) OJ L 56, 4.3.1968, p. 1. Regulation as

last amended by Regulation

(EC, Euratom) No 1558/2007 (OJ L 340, 22.12.2007, p. 1).

15.2.2008

EN

Official Journal of the European Union

L 41/17

The Director General and the staff of

the Agency shall have
2.
the Treaty in
security clearance in accordance with Article 194 of
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.

borrowings, the proceeds of which will be allocated for carrying out its
tasks.

Obligations entered into by the Agency pursuant to these Statutes

4.
are guaranteed by the European Atomic Energy Community.

Article 5

Supervision by the Commission

1.
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.

2.
The right of veto shall lapse after a period of 10 working days
following a decision of the Agency, unless during that period reser-
vation is made by the Commission or
representative. The
Commission or its representative may waive the right to make such
reservation before the expiry of that period.

its

3. Where reservation is made by the Commission or its represen-
tative within the period prescribed in paragraph 2, 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

4.
of the Treaty from being applied.

5.
Any act or failure to act of the Agency referred to in Article 53 of
the Treaty may be referred to the Commission by the party concerned
within fifteen working days of notification being received, or, failing
such notification, within fifteen working days following publication.
Failing notification and publication, the period shall run from the day
on which the party concerned learns of the act.

CHAPTER 2

FINANCIAL PROVISIONS

Article 6

Financial organisation

The Agency shall have financial autonomy.

1.
shall operate
according to commercial rules in the area of competence of the Agency.

It

Article 7

Revenue and expenditure

1.
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

2.
balance.

The Agency’s revenue shall consist of a contribution from the
3.
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

4.
expenses of
resulting from contracts entered into with third parties.

the Agency shall consist of administrative
the Committee, as well as expenses

its staff and of

5.
Each year the Director General shall produce an estimate of
revenue and expenditure for the Agency for the following financial
include a draft establishment plan,
year. This estimate, which shall
shall be forwarded to the Commission by 31 March after obtaining
the opinion of the Committee.

6.
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

7.
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 budgetary procedure,

2.
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.

8.
The budget shall be adopted by the Commission. It shall become
final following final adoption of the general budget of the European
shall be adjusted accordingly. The
Union. Where appropriate,
Agency’s budget shall be published on its website.

it

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
immediately
meeting its objectives with funds which it does not
require for the purposes of meeting its obligations.

Any modification of the establishment plan and of the budget of
9.
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 submitted to the budget authority. The amending budgets are
forwarded for information to the European Parliament and the Council.

Article 8

3.
The Agency is empowered to contract, on behalf of the European
Atomic Energy Community and within the limits fixed by the Council,

Budget execution, financial control and financial rules

1.

The Director General shall implement the budget of the Agency.

L 41/18

EN

Official Journal of the European Union

15.2.2008

Following each financial year the Agency’s accounting officer shall

2.
submit the Agency’s provisional accounts:

(a) by 1 March to the Accountant of the Commission, for consolidation

purposes, and

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

On receipt of the Court of Auditors’ observations on the Agency’s
3.
provisional accounts, the Director General shall draw up the Agency’s
final accounts under his own responsibility and submit them to the
Committee for an opinion.

The Committee shall deliver an opinion on the Agency’s final

4.
accounts.

5.
The Director General shall, by 1 July following each financial year,
forward the final accounts to the European Parliament, the Council, the
Commission and the Court of Auditors, together with the Committee’s
opinion.

6.

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

The Director General shall send the Court of Auditors a reply to

7.
its observations by 30 September.

Greece

Spain

France

Italy

Cyprus

Latvia

Lithuania

Luxembourg

Hungary

Malta

Netherlands

Austria

Poland

Portugal

Romania

Slovenia

Slovakia

Finland

Sweden

8.
The Director General shall submit to the European Parliament, at
the latter’s request, any information necessary for the smooth appli-
cation of the discharge procedure for the financial year in question.

United Kingdom

EUR

EUR

EUR

EUR

EUR

EUR

EUR

EUR

EUR

EUR

EUR

EUR

EUR

EUR

EUR

EUR

EUR

EUR

EUR

EUR

192 000

416 000

672 000

672 000

32 000

32 000

32 000

—

192 000

—

192 000

96 000

416 000

192 000

288 000

32 000

96 000

96 000

192 000

672 000

9.
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.

10. When needed, a specific financial regulation applicable to the
Agency shall be adopted in accordance to Article 183 of the Treaty.

Article 9

Capital

3.
An instalment of 10 % of the capital shall be paid at the time of a
Member State’s accession to the Community.
further
instalments of
the
from the
Council acting by a qualified majority on a proposal
Commission. The amount of the instalment called up shall be paid to
the Agency within thirty days following that decision.

the capital may be called up by decision of

In addition,

Participation in the capital shall not confer any entitlement to
4.
dividend or interest.
the
It shall carry the right
nominal amount of the instalments of the paid up capital in the sole
event of the Agency being wound up.

to repayment of

1.

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

5.

All payments shall be made in euro.

2.

The capital shall be subscribed as follows:

Article 10

Charges

Belgium

Bulgaria

Czech Republic

Denmark

Germany

Estonia

Ireland

EUR

EUR

EUR

EUR

EUR

EUR

EUR

192 000

96 000

192 000

96 000

672 000

32 000

32 000

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 im-
plementing decision. The rate of charge and the methods whereby it
is to be assessed and collected shall, after consultation with the Council,
be fixed by the Commission acting on a proposal from the Director
General, who shall obtain beforehand the opinion of the Committee.

15.2.2008

EN

Official Journal of the European Union

L 41/19

CHAPTER 3

ADVISORY COMMITTEE

Article 11

Composition of the Committee

1.
The Committee shall be composed of members from the Member
States as set out in the table below. However a Member State may
choose not to participate in it. 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.

Belgium

Bulgaria

Czech Republic

Denmark

Germany

Estonia

Ireland

Greece

Spain

France

Italy

Cyprus

Latvia

Lithuania

Luxembourg

Hungary

Malta

Netherlands

Austria

Poland

Portugal

Romania

Slovenia

Slovakia

Finland

Sweden

2 members

2 members

2 members

1 member

4 members

1 member

1 member

2 members

3 members

4 members

4 members

1 member

1 member

2 members

—

2 members

—

2 members

2 members

3 members

2 members

3 members

2 members

2 members

2 members

2 members

United Kingdom

4 members.

As well as taking into account Member States’ participation in the
2.
Agency’s capital, the allocation of places on the Committee should
reflect Member States’ relevant experience, expertise and/or activities
in fields such as trade in nuclear materials and services of the nuclear
fuel cycle or nuclear power generation.

Committee members

shall be appointed by their

respective
3.
Member States on the basis of their degree of relevant experience and
expertise in the fields of trade in nuclear materials and services of the
nuclear fuel cycle or nuclear power generation or in regulatory matters
related to nuclear trade. The duration of the term of office shall be three
years. The term of office may be renewed.

Article 12

Chairmanship of the Committee

1.
The Committee shall nominate a Chairperson and two Vice-
Chairpersons from the members of the Committee. These executive
officers shall represent the experience of the Committee and 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.

2.
The terms of office of the Chairperson and the Vice-Chairpersons
shall be three years. Their term of office may be renewed once, and the
chairmanship should alternate among the members of the Committee,
representing their different experience from the industry and the admin-
istration. 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
1.
giving opinions and providing analyses and information. That assistance
shall also extend to the preparation of the reports, surveys and analyses
that may have to be prepared pursuant to Article 1(1) under the re-
sponsibility of the Director General as referred to in Article 3(3). It shall
act as a link between the Agency and both producers and users in the
nuclear industry.

2.
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 and convened before any
3.
decision is taken by the Director General concerning the following
matters:

(a)

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

(b) the capital of the Agency; its increase or decrease or further capital

subscription (Article 54, fourth subparagraph of the Treaty);

(c)

the borrowings referred to in Article 6;

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

(e)

the conditions applicable to the building up and withdrawal of
commercial stocks by the Agency (Article 72, first subparagraph
of the Treaty);

(f)

the financial matters mentioned in Article 8, including the financial
the Agency’s
regulation for the Agency and the preparation of
special account as provided for in Article 171(2) of the Treaty;

L 41/20

EN

Official Journal of the European Union

15.2.2008

(g) the annual report, including market analysis and work programme

for the following year;

(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.

(h) the criteria establishing practices prohibited by Article 68 of the

Treaty;

The agenda shall be prepared by the Agency in cooperation with the
Chairperson for approval by the Committee.

(i)

the dissolution of the Agency.

4.
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.

The Agency shall send documents relating to the agenda to all the
Committee members at least fifteen working days before the date of
the meeting.

2. 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.

If the opinion of the Committee cannot be obtained within this

5.
period, the Director General may take the decision.

3.
Each member of the Committee shall have one vote. If a member
is unable to attend, the member may designate in writing any other
member to vote on his/her behalf.

6.
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,
those decisions are at variance with that
opinion.

if

The Committee shall adopt its rules of procedure for all matters

7.
that are not provided for by the present Statutes.

Article 14

Meetings of the Committee

1.

The Committee shall be convened:

(a) when considered necessary by the executive officers and normally

twice every year;

4.
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.

5.
The members of the Committee shall be bound to secrecy in
accordance with Article 194 of the Treaty in respect of all facts, infor-
mation, 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.

secretariat, whose

The Director General shall provide the Committee with an appro-
6.
priate
to the
appointment
Commission’s approval. The secretariat shall keep the minutes of
meetings of
the Committee, any subcommittees and the executive
officers. The Committee’s operating expenses shall be borne by the
Agency.

shall be

subject

(b) at

the request of

in particular whenever
consultation of the Committee is compulsory pursuant to Article
13(3), and;

the Director General,

Travel expenses of one Committee member from each Member

7.
State shall be reimbursed by the Agency.