98/585/Euratom: Council Decision of 13 October 1998 approving amendments to the Statutes of the Joint European Torus (JET), Joint Undertaking

COUNCIL DECISION of 13 October 1998 approving amendments to the Statutes of the Joint European Torus (JET), Joint Undertaking (98/585/Euratom)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 50 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas, for the purpose of implementing the JET Project, the Council, by Decision 78/471/Euratom (4), established the Joint European Torus (JET), Joint Undertaking and adopted the Statutes thereof;
Whereas Articles 4 and 8 of the JET Statutes should be amended following the judgment of the Court of First Instance of 12 December 1996 in Joined Cases T-177/94 and T-377/94, which found that the existing difference in treatment between two categories of JET staff was no longer justified on objective grounds;
Whereas this amendment should allow the JET Council to adopt the necessary transitional measures, in particular concerning the abovementioned difference of treatment of Project Team staff assigned before 21 October 1998;
Whereas the Forschungszentrum Jülich GmbH (KFA) has given notice of its withdrawal from the Joint Undertaking from 31 December 1997; whereas the Forschungszentrum Karlsruhe (FZK) has applied for membership of the Joint Undertaking from 1 January 1998; whereas the JET Council has approved this withdrawal from, and application for, membership of the Joint Undertaking and the amendments required thereby;
Whereas, following the conclusion of a Contract of Association between Euratom and the Dublin City University (DCU), the Dublin City University is replacing Ireland as Member of the Joint Undertaking; whereas the Instituto de Cooperação Científica e Tecnológica Internacional (ICCTI) is replacing the Junta Nacional de Investigação Científica (JNICT) as Portuguese member of the Joint Undertaking. The JET Council has approved the amendments to the Statutes required by these changes;
Whereas, following the accession of Austria to the European Union, the Österreichische Akademie der Wissenschaften (ÖAW) has applied for membership of the Joint Undertaking; whereas the JET Council has approved this application for membership of the Joint Undertaking and the amendments to the Statutes required thereby;
Whereas the JET Council has approved another amendment to the Statutes required by the adoption of the new UK Companies Act 1985 and 1989,