IS ALREADY IN EXISTENCE . THAT IS WHY JET WAS ESTABLISHED AT CULHAM IN THE UNITED KINGDOM ON THE SAME SITE WHERE THE INSTALLATIONS OF THE UKAEA, THE HOST ORGANIZATION OF THE JOINT UNDERTAKING, WERE SITUATED .
36 THE UKAEA AGREED, IN ITS CAPACITY AS HOST ORGANIZATION, TO ASSUME RESPONSIBILITIES OF ITS OWN IN THE ORGANIZATION AND FUNCTIONING OF JET . THUS, FOR EXAMPLE, UNDER ARTICLE 9.1 OF THE STATUTES, THE UKAEA BEARS BY ITSELF A PROPORTION OF THE EXPENDITURE OF THE JET JOINT UNDERTAKING EQUAL TO THAT BORNE BY ALL THE OTHER MEMBERS OF THE UNDERTAKING ( EXCEPT EURATOM ). IT SHOULD ALSO BE NOTED THAT UNDER ARTICLE 15 OF THE STATUTES AND THE ANNEX TO THEM THE UKAEA BEARS THE COST OF PUTTING THE JET SITE INTO "STANDARD CONDITION", PROVIDES ALL THE TECHNICAL, ADMINISTRATIVE AND GENERAL SERVICES REQUIRED BY THE JOINT UNDERTAKING, SUPPLIES SUPPORT STAFF AND IS RESPONSIBLE FOR THE DISPOSAL OF RADIOACTIVE WASTE . IT ALSO EMERGED AT THE HEARING THAT IT HAS BEEN POSSIBLE FOR THE JOINT UNDERTAKING TO USE SOME OF THE UKAEA' S SCIENTIFIC EQUIPMENT AND THAT THE UKAEA HAS AGREED TO MAKE 222 PERSONS AVAILABLE TO THE PROJECT TEAM OUT OF A TOTAL OF 384 .
37 THE UKAEA, THE HOST ORGANIZATION OF THE JET JOINT UNDERTAKING, WAS THUS IN THE VERY SPECIAL POSITION OF HAVING TO MANAGE STAFF HAVING THE SAME QUALIFICATIONS, EMPLOYED ON THE SAME SITE ON THE SAME KIND OF WORK BUT ASSIGNED TO TWO LEGALLY DISTINCT ORGANIZATIONS . IT WAS ANXIOUS TO PREVENT THAT SITUATION FROM UPSETTING THE FUNCTIONING OF ITS OWN ORGANIZATION AND, SUPPORTED ON THIS MATTER BY THE UNITED KINGDOM GOVERNMENT, REQUESTED IN THE NEGOTIATIONS WHICH PRECEDED THE ADOPTION OF COUNCIL DECISION NO 78/471/EURATOM THAT THE STAFF WHICH IT WOULD MAKE AVAILABLE TO THE JET JOINT UNDERTAKING SHOULD REMAIN SUBJECT TO ITS OWN CONDITIONS OF SERVICE . BY REASON OF THE PRIVILEGED ROLE ATTRIBUTED TO THE UKAEA AS A RESULT OF THE SPECIAL CHARACTERISTICS OF THE JOINT UNDERTAKING, THAT REQUIREMENT COULD NOT BE IGNORED IN THE JOINT UNDERTAKING' S STATUTES .
38 IN THOSE CIRCUMSTANCES IT APPEARS THAT THE VERY PARTICULAR POSITION OF THE UKAEA, THE HOST ORGANIZATION, IN RELATION TO THE JOINT UNDERTAKING, WHICH IS NOT COMPARABLE TO THE POSITION OF ANY OTHER MEMBER ORGANIZATION, CONSTITUTES AN OBJECTIVE JUSTIFICATION FOR THE DIFFERENCE IN TREATMENT ESTABLISHED BY ARTICLES 8.4 AND 8.5 OF THE STATUTES .
39 THE SECOND SUBMISSION MUST THEREFORE BE REJECTED .
THE SUBMISSION THAT THE CONTESTED DECISION DOES NOT CONTAIN AN ADEQUATE STATEMENT OF THE REASONS ON WHICH IT IS BASED
40 IN THE CONTESTED DECISION THE TERMS OF ARTICLES 8.1, 8.4 AND 8.5 OF THE STATUTES ARE SET OUT AND THE CONCLUSION IS THEN DRAWN UNDER THOSE PROVISIONS EMPLOYEES RECRUITED BY THE UKAEA CONTINUE TO BE GOVERNED BY ITS CONDITIONS OF SERVICE AND CANNOT BE RECRUITED AS TEMPORARY SERVANTS OF THE COMMUNITIES . SUCH A STATEMENT EXPLAINS THE COMMISSION' S REASONING IN A WAY WHICH ALLOWS THE COURT AND THOSE CONCERNED TO ASCERTAIN