CELEX: 31966D0058(01)
Language: en
Date: 1966-12-22 00:00:00
Title: 66/58/Euratom: Council Decision of 22 December 1966 approving three amendments to the Statutes of the 'Kernkraftwerk Obrigheim GmbH Joint Undertaking

294                                 Official Journal of the European Communities
. 4038/66                       OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES                                      27.12.66
                                                   COUNCIL DECISION
                                                    of 22 December 1966
               approving three amendments to the Statutes of the Kernkraftwerk Obrigheim GmbH'
                                                     Joint Undertaking
                                                      (66/58/Euratom)
  THE     COUNCIL     OF     THE   EUROPEAN       ATOMIC         or fractions of shares to non-members shall be subject
  ENERGY COMMUNITY,                                              to the approval of the Council ;
 Having regard to the Treaty establishing the Euro­
  pean Atomic Energy Community, and in particular                HAS ADOPTED THIS DECISION :
  Articles 50 and 47 thereof;
  Having regard to the Council Decision of 28 July                                       Article 1
  1966 on the establishment of the Kernkraftwerk
  Obrigheim GmbH Joint Undertaking1 ;.                           The amendments to Articles 3 , 11 (2) and 16 ( 1 ) of
                                                                 the Statutes of the Kernkraftwerk Obrigheim GmbH
 Having regard to the proposal from the Commission ;             set out in the Annex to this Decision are approved.
 Whereas the general meeting of the Joint Under­
 taking resolved on 13 September 1966 to increase                                        Article 2
 the capital ;
                                                                 This Decision shall be published in the Official Jour­
 Whereas the general meeting of the Joint Under­                 nal of the European Communities. It shall enter into
 taking resolved on 13 September 1966 that during                force on the date of its publication.
 the period before the taking over of the power station
 by the company, persons who have performed
 executive managerial duties in the member under­
 takings may also be appointed full or alternate mem­            Done at Brussels, 22 December 1966.
 bers of the standing committee of the Joint Under­
 taking;
                                                                                                  For the Council
 Whereas the general meeting of the Joint Under­
                                                                                                    The President
 taking resolved on 13 September 1966 that the dis­
 solution of the company and any transfer of shares                                              J. M. A. H. LUNS
  1 OJ No 147, 9.8.1966, p . 2681/66.
 ---pagebreak---                         Official Journal of the European Communities                                        295
                                                 ANNEX
   Amendments to the Statutes of the Kernkraftwerk Obrigheim GmbH' Joint Undertaking
1.    Article 3 of the Statutes of the 'Kernkraftwerk Obrigheim GmbH' Joint Undertaking shall be
amended to read as follows :
   'Article 3
                                         Capital and subscriptions
   The capital of the company is DM 50 000 000 (fifty million German marks).
   The subscriptions shall be as follows :
                                                             Share of capital Share of capital
                                            Share of capital  subscribed on    subscribed on
                                             subscribed on        capital          capital
                    Members                   formation of                                        Total
                                                               increase on      increase on
                                             the company        24.2.1965         13.9.1966
                                                  DM               DM                DM            DM
    ( a ) Energie-Versorgung
          Schwaben AG                            420 000        8 330 000        8 750 000     17 500 000
    ( b ) Badenwerk AG                           420 000        6 580 000        7 000 000     14 000 000
    ( c ) Technische Werke der Stadt
          Stuttgart AG                           210 000        3 290 000        3 500 000      7 000 000
   ( d ) Neckarwerke Elektrizi­
          tätsversorgungs-AG                     150 000        2 350 000        2 500 000      5 000 000
   ( e ) Stadt Karlsruhe, Stadtwerke              75 000        1 175 000        1 250 000      2 500 000
    ( f ) Kraftübertragungswerke
          Rheinfelden                            150 000          600 000          750 000      1 500 000
   ( g ) Stadt Ulm/Donau ,
          Stadtwerke                              33 000          517 000          550 000      1 1 00 000
    ( h ) Wiirtt. Portland-Cement­
          Werk                                    25 000          400 000          425 000        850 000
    ( i ) Stadt Heidenheim/Brenz,
          Stadtwerke                               6 000            94 000          100 000       200 000
    ( k ) Alb Elektrizitätswerk
          Geislingen/Steige GmbH                   6 000            69 000           75 000       150 000
    d ) C. Klinglers Erben
          Elektrizitätswerk Nagold                 3 000            47 000           50 000       100 000
    (m) Elektrizitätswerk
          Braunsbach eGmuH                         1000             24 000           25 000         50 000
    ( n ) Elektrizitätswerk
          Vaihingen/Enz
          A. Hessenthaler &: Co.                   1 000            24 000           25 000         50 000
                                               1 500 000      23 500 000       25 000 000      50 000 000 '
 ---pagebreak--- 296                          Official Journal of the European Communities
    2.    Article 11 (2) shall.be amended to read as follows :
       'Article 11
                                          The Standing Committee
       2. The only persons who may sit on the Standing Committee as full members or alternates
       shall be persons holding executive managerial positions in the member undertakings. During the
       period before the taking over of the power station by the company, full members or alternates
       may also be persons who have held executive managerial positions in the member undertakings.'
    3.    Article 16 ( 1) shall be amended to reas as follows :
       'Article 16
                  '                          Joint Undertaking
       1 . If the company is established as a. Joint Undertaking within the meaning of the Treaty
       establishing the European Atomic Energy Community, it shall for the whole of the period of its
       activity as such, be subject to the provisions of that Treaty which relate to Joint Undertakings
       and also to the Decisions of the Council of Ministers of the European Atomic Energy Com­
       munity establishing it as a Joint Undertaking and conferring on it any of the advantages listed
       in Annex III to the Treaty. In particular :
       (a) Amendments to the Statutes shall not enter into force until they have been approved by the
           Council of Ministers, pursuant to Article 50 of the Euratom Treaty.
       (b) The dissolution provided for in Article 14 of the Statutes and any transfer of shares or frac­
           tions of shares to non-members may be effected only with the approval of the Council of
           Ministers, which shall act on a proposal from the Commission, pursuant to Article 47 of the
           Euratom Treaty.
       (c) In accordance with Article 171 (3) of the Euratom Treaty, the company's profit and loss
           accounts and balance sheets relating to each preceding financial year shall, within one
           month after their approval by the general meeting, be sent by the management to the Com­
           mission of Euratom which shall place them before the Council of Ministers and the Euro­
           pean Parliament. The estimates of revenue and expenditure shall be submitted in accord­
           ance with the same procedure one month at the latest before the beginning of each
           financial year.'