2004/491/Euratom:Commission Decision of 29 April 2004 amending Commission Decision 1999/819/Euratom of 16 November 1999 concerning the accession to the 1994 Convention on Nuclear Safety by the European Atomic Energy Community (Euratom) with regard to the Declaration attached thereto

6.5.2004 EN Official Journal of the European Union L 172/7
COMMISSION DECISION
of 29 April 2004
amending Commission Decision 1999/819/Euratom of 16 November 1999 concerning the accession to the 1994 Convention on Nuclear Safety by the European Atomic Energy Community (Euratom) with regard to the Declaration attached thereto
(2004/491/Euratom)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Atomic Energy Community and in particular the second paragraph of Article 101 thereof,
Having regard to Council Decision of 15 December 2003 amending Council Decision of 7 December 1998 approving the accession of the European Atomic Energy Community to the Nuclear Safety Convention with regard to the Declaration attached thereto (1),
Having regard to the Treaty concerning the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union, signed in Athens on 16 April 2003,
Whereas:
(1) The European Atomic Energy Community acceded to the Convention on Nuclear Safety by Commission Decision 1999/819/Euratom of 16 November 1999 (2). On 31 January 2000, the instruments of accession were deposited with the Director-General of the International Atomic Energy Agency, including a declaration under Article 30(4)(iii) of the Convention.
(2) This Declaration made by the Community at the time of the accession was based on a Council Decision which was partially annulled by the Court of Justice (3), in so far as the third paragraph of the declaration it contained failed to state that the Community was competent in the fields covered by Articles 7 and 14, Article 16(1) and (3) and Articles 17 to 19 of the Convention. The deposited declaration must therefore be replaced by an amended declaration on the basis of Council Decision of 15 December 2003, executing the Court ruling,
(3) The Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic will become members of the Community as from 1st May 2004. The first paragraph of the Declaration must therefore also be amended,