CELEX: 52012DC0760
Language: en
Date: 2012-12-17 00:00:00
Title: RECOMMENDATION FROM THE COMMISSION TO THE COUNCIL on the renewal of the Agreement between the European Atomic Energy Community (Euratom) and the Korean Peninsula Energy Development Organisation (KEDO)

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		52012DC0760
		
			RECOMMENDATION FROM THE COMMISSION TO THE COUNCIL on the renewal of the Agreement between the European Atomic Energy Community (Euratom) and the Korean Peninsula Energy Development Organisation (KEDO) /* COM/2012/0760 final */
			
				
		
		
			
			   	RECOMMENDATION FROM THE COMMISSION TO
THE COUNCIL
on the renewal of the Agreement between
the European Atomic Energy Community (Euratom) and the Korean Peninsula Energy Development Organisation (KEDO)
1.           Introduction
The Euratom Community has been a full
member of the Korean Peninsula Energy Organisation (KEDO) since 1997. The main
objective of KEDO was the provision of two nuclear light water reactors to the
DPRK (Democratic People's Republic of Korea - North Korea), as part of
international non-proliferation efforts on the Korean Peninsula. As a result of
the DPRK’s failure to implement its non-proliferation obligations, the
operative activities of KEDO were terminated and the 12 year old secretariat
closed on 31 May 2007. In spite of this KEDO's Executive Board decided not to
terminate the organisation immediately, but to maintain it in the form of an
empty shell (as a pure skeleton, with a secretariat employed on a temporary
basis) in order to allow it to defend its financial and legal interest and those
of its four members represented in the Executive Board (Euratom, Japan, South
Korea and the USA). 
Initially it was estimated that a final
settlement of these legal and financial issues could be achieved by 31 May
2012. Therefore the Community’s membership was to last until that date under
the latest Euratom-KEDO Agreement. However since KEDO needs more time to
finalise its outstanding issues, continued protection of the Community
interests requires conclusion of a new Agreement between Euratom and KEDO. To
that end, the Commission submitted to the Council on 22 March 2012 a
Recommendation for a Council Decision authorising the Commission to negotiate
the renewal of the Euratom-KEDO Agreement. The Council issued the negotiating
directives on 2 May 2012.
2.           Negotiations
On the basis of the text proposed by the
Commission services, following the Council's negotiating directives, an ad
referendum agreement has now been reached with KEDO on the attached text for renewal
of the Agreement between the European Atomic Energy Community (Euratom) and the
Korean Peninsula Energy Development Organisation (KEDO). In the opinion of the Commission
services, this text includes all the negotiating directives.
3.           Conclusion
The Commission considers that the renewal
of the Agreement between the European Atomic Energy Community (Euratom) and the
Korean Peninsula Energy Development Organisation (KEDO), the adoption of which
is proposed, is in conformity with the negotiating directives issued by the
Council on 2 May 2012.
The Commission therefore recommends to the
Council to approve, pursuant to the second paragraph of Article 101 of the
Treaty establishing the European Atomic Energy Community, the renewal of the
Agreement between the European Atomic Energy Community (Euratom) and the Korean
Peninsula Energy Development Organisation (KEDO) in Annex. 
ANNEX 
AGREEMENT BETWEEN THE
EUROPEAN ATOMIC ENERGY COMMUNITY AND THE KOREAN PENINSULA ENERGY DEVELOPMENT ORGANISATION
THE EUROPEAN
ATOMIC ENERGY COMMUNITY,
Hereinafter referred to as
"the Community", and
THE KOREAN PENINSULA ENERGY DEVELOPMENT ORGANISATION,
Hereinafter referred to as
"KEDO",
Whereas:
(1)       KEDO was established
pursuant to the Agreement of 9 March 1995 on the Establishment of the Korean Peninsula Energy Development Organisation,
as amended on 19 September 1997, between the Governments of the Republic of Korea, Japan and the United States of America;
(2)       The fifth Agreement
concluded between the Community and KEDO expired on 31 May 2012;
(3)       After its decision to
terminate KEDO's nuclear light water reactor project and the 2007 decision to fulfil
the responsibilities of the Secretariat with a greatly reduced staff and
minimal office facilities, KEDO's Executive Board decided in 2011 to continue
KEDO beyond 31 may 2012;
(4)       Both the Community and
KEDO have expressed the wish to continue their co­operation with the objective
of implementing the termination of the LWR project and an orderly winding up of
KEDO;
HAVE AGREED AS FOLLOWS:
Article
1
Application of the provisions of previous Agreement
Unless otherwise specified in one of the
articles here below, the provisions of the previous Agreement between the Community and KEDO, which expired on 31 May 2012,
shall remain applicable under this Agreement.
Article 2
Community
contribution
There shall be no financial contribution from
the Community to KEDO's budget under this Agreement.
Article 3
Duration
This Agreement will expire
on 31 May 2013. It will be automatically renewed each year for a period of another year, unless a party notifies
the other party that it wishes to terminate the Agreement at least one month
before the date of expiry. It may also be terminated with immediate effect
after withdrawal from KEDO by any of the other Members currently represented in
the Executive Board. This Agreement will not be renewed beyond 31 May 2015.
Article 4
Entry into force
This Agreement shall enter into
force upon signature by the Community and KEDO and will take effect from 1 June
2012.
Done at Brussels this.................. day of..................... 2012, in two originals
For the European Atomic Energy Community
Done at New York this............... day of..................... 2012,
in two originals
For the Korean Peninsula Energy Development
Organisation