CELEX: 51995PC0481
Language: en
Date: 1995-10-17
Title: Proposal for a COUNCIL DECISION approving amendments to the statutes of the Kernkraftwerk RWE-Bayernwerk GmbH (KRB) joint undertaking

COMMISSION OF THE EUROPEAN COMMUNITIES
                                       Brussels, 17.10.1995
                                       COM(95) 481 final
                        Proposal for a
                   COUNCIL DECISION
          approving amendments to the statutes of the
Kernkraftwerk RWE-Bayernwerk GmbH (KRB) joint undertaking
               (presented by the Commission)
 ---pagebreak---  ---pagebreak---                              EXPLANATORY MEMORANDUM
By its Decision of 18 June 1963,l the Council established Kernkraftwerk RWE-Bayernwerk
GmbH (KRB) as a joint undertaking for a period of 25 years. By its Decision of
25 July 1988,2 the Council extended KRB's joint undertaking status for 12 years in order to
allow KRB to implement its programme for complete dismantling of its nuclear power plant,
which is of special interest to the nuclear industry within the Community.
On 11 November 1994 the members of KRB decided to reduce the capital of the joint
undertaking from 100 million to 40 million German marks. This constitutes an amendment
of the statutes of the joint undertaking which, in accordance with Article 50 of the Euratom
Treaty, cannot enter into force until it has been approved by the Council.
Considering the reduction in the joint undertaking's commercial activities as a result of
dismantling of the nuclear power station, the reduction of capital does not prejudice sound
financial management of the joint undertaking.
The Commission proposes that the amendment requested by KRB to its statutes be approved.
1.      OJ No 93, 22.6.1963, p. 1745/63.
2.      OJ No L 222, 12.8.1988, p. 3.
                                                                                             I
 ---pagebreak---                                        COUNCIL DECISION
                                                  of...
                          approving amendments to the statutes of the
           Kernkraftwerk RWE-Bayernwerk GmbH (KRB) joint undertaking
THE COUNCIL OF THE EUROPEAN                             HAS ADOPTED THIS DECISION:
UNION,
Having regard to the Treaty establishing the                              Article 1
European Atomic Energy Community, and
in particular Article 50 thereof,                       The amendments to Articles 4 and 5 of the
                                                        statutes of the             Kernkraftwerk
Having regard to the proposal from the                  RWE-Bayernwerk GmbH             (KRB) joint
Commission,                                             undertaking, as annexed, to this Decision, are
                                                        hereby approved.
Whereas            the       Council,         by
Decision 63/27/Euratom,1 established the
Kernkraftwerk RWE-Bayemwerk GmbH
(KRB) in the form of a joint undertaking;                                 Article 2
Whereas, by Decision 88/446/Euratom,2 the               This Decision is addressed to the
Council amended Decision 63/27/Euratom to               Member States and to the KRB joint
extend the period of validity of the joint              undertaking.
undertaking status for a further 12 years
ending in the year 2000 with a view to
complete dismantling by KRB of its nuclear
power station;                                          Done at
Whereas the decision taken at the general
meeting of the members of KRB on
 11 November 1994 to reduce the capital of                                       For the Council
the joint undertaking from 100 million
German marks to 40 million German marks                                          The President
constitutes an amendment to the statutes of
the joint undertaking;
Whereas, considering the reduction in its
 activities as a result of the dismantling of the
nuclear power station, this reduction in
capital does not prejudice sound financial
management of the joint undertaking;
whereas the corresponding amendment to the
statutes of the joint undertaking should
consequently be approved,
 1.       OJ No 93, 22.6.1963, p. 1745/63.
2.        OJ No L 222, 12.8.1988, p. 3.
                                                                                                       ^>
 ---pagebreak---                                     ANNEX
                     Amendments to the statutes of the
   Kernkraftwerk RWE-Bayernwerk GmbH (KRB) joint undertaking
Article 4 of the statutes shall be replaced as follows:
"Article 4
Capital
The capital of the company is DM 40 000 000 (forty million German marks)."
Article 5 of the statutes shall be replaced as follows:
"Article 5
Subscribed capital
The capital is subscribed by:
(a)     Rheinisch-Westfalisches Elektrizitatswerk Energie Aktiengesellschaft, Essen,
        contributing DM 30 000 000;
(b)     Bayemwerk Aktiengesellschaft, Munich, contributing DM 10 000 000."
                                                                                     <.
 ---pagebreak---                                                                   ISSN 0254-1475
                                                            COM(95) 481 final
                                              DOCUMENTS
EN                                                                       12 08
                                     Catalogue number : CB-CO-95-521-EN-C
                                                             ISBN 92-77-94395-5
Office for Official Publications of the European Communities
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