Euratom Supply Agency: statutes

PURPOSE : to adopt new Statutes for the Euratom Supply Agency.

PROPOSED ACT : Council Decision.

CONTENT :  Article 54 of the Treaty establishing the European Atomic Energy Community provides for the creation of the Euratom Supply Agency and sets up its tasks and obligations in guaranteeing a regular and equitable supply of nuclear materials to European Union users. The Statutes of the Agency date from 1958, and in 1978 the Agency adopted its Accounting instructions.

Taking into account the increase in the number of the Member States of the EU as well as the need to apply modern financial provisions to the Agency and the need to fix its seat, new Statutes have to be adopted.

The new Statutes contain financial provisions that are in line with the general Financial Regulation of the European Communities. In parallel, draft Council Financial Regulation applicable to the Agency, is submitted together with this draft Decision, for adoption on the basis of Article 183 of the Euratom Treaty (see CNS/2007/0042). The capital of the Agency and the possibility, foreseen in the Euratom Treaty, to apply a charge on transactions, are maintained. The new Statutes of the Agency are adapted to the situation of an enlarged EU. In particular, the size of the Agency’s Advisory Committee is changed in order to improve its operation and efficiency. The new Statutes provide that the Committee shall be composed of one member for each Member State without nuclear fuel cycle activities and two members for each Member State with nuclear fuel cycle activities. However a Member State may choose not to participate in it. Provision is made for alternate members. 

In line with the administrative decision to concentrate activities of the Commission dealing with the implementation of the Euratom Treaty into Luxembourg, all the staff of the Agency were transferred from Brussels to Luxembourg in 2004. The new Statutes regularise this situation, providing that the Agency shall have its seat in one of the locations of the Commission services. The Commission shall take decision in this regard.

The proposed Council Decision would result in modest financial savings in the Community budget due to fewer reimbursements to Advisory Committee members.