Legal provisions of COM(2006)458 - European Joint Undertaking for ITER and the Development of Fusion Energy and conferment of advantages upon it

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dossier COM(2006)458 - European Joint Undertaking for ITER and the Development of Fusion Energy and conferment of advantages upon it.
document COM(2006)458 EN
date March 27, 2007

Contents

Article 1 - Establishment of a Joint Undertaking

1. A European Joint Undertaking for ITER and the Development of Fusion Energy (Fusion for Energy) (the Joint Undertaking) is hereby established for a period of 35 years starting on 19 April 2007.

2. The tasks of the Joint Undertaking shall be as follows:

(a)to provide the contribution of the European Atomic Energy Community (Euratom) to the ITER International Fusion Energy Organisation;

(b)to provide the contribution of Euratom to Broader Approach Activities with Japan for the rapid realisation of fusion energy;

(c)to prepare and coordinate a programme of activities in preparation for the construction of a demonstration fusion reactor and related facilities including the International Fusion Materials Irradiation Facility (IFMIF).

3. The Joint Undertaking shall have its seat in Barcelona in Spain.

4. The Joint Undertaking shall be considered as an international body within the meaning of Article 151(1)(b) of Council Directive 2006/112/EC, and as an international organisation within the meaning of the second indent of Article 23(1) of Directive 92/12/EEC, of Article 22 point (c) of Directive 2004/17/EC and of Article 15 point (c) of Directive 2004/18/EC.

Article 2 - Members

The Joint Undertaking shall have the following Members:

(a)Euratom, represented by the Commission;

(b)the Member States of Euratom;

(c)third countries which have concluded a cooperation agreements with Euratom in the field of controlled nuclear fusion that associate their respective research programmes with the Euratom programmes and which have expressed their wish to become Members of the Joint Undertaking.

Article 3 - Statutes

The Statutes of the Joint Undertaking, as set out in the Annex, are hereby adopted.

Article 4 - Financing

1. The resources required for the Joint Undertaking to carry out its tasks shall be determined as follows:

(a)as regards the tasks referred to in Article 1(2)(a), in accordance with the ITER Agreement;

(b)as regards the tasks referred to in Article 1(2)(b), in accordance with the Broader Approach Agreement with Japan;

(c)as regards the tasks referred to in Article 1(2)(c), in accordance with research and training programmes adopted pursuant to Article 7 of the Treaty.

2. The resources of the Joint Undertaking shall consist of a contribution from Euratom, contributions from the ITER host State, the annual membership contributions and voluntary contributions from Members of the Joint Undertaking other than Euratom, and additional resources.

3. The indicative total resources deemed necessary for the Joint Undertaking in accordance with paragraph 1 shall be EUR 9 653 million (14). This is detailed as follows:

(EUR million)
2007-20162017-20412007-2041
of which 2007-2011Constant valuesTotal
4 1271 7175 5263 5449 653

4. The indicative total contribution from Euratom to the resources referred to in paragraph 3 shall be EUR 7 649 million, of which a maximum of 15 % shall be for administrative expenditure. This is detailed as follows:

(EUR million)
2007-20162017-20412007-2041
of which FP7 2007-2011Constant valuesTotal
3 1471 2904 5022 8877 649

Article 5 - Financial Regulation

1. The Joint Undertaking shall have a distinct financial regulation based on the principles of the Framework Financial Regulation. The financial regulation of the Joint Undertaking (the financial regulation) may depart from the Framework Financial Regulation where the specific operating needs of the Joint Undertaking so require and subject to prior consultation with the Commission.

2. The Joint Undertaking shall establish its own internal audit service.

3. Discharge for the implementation of the budget of the Joint Undertaking shall be given by the European Parliament on the recommendation of the Council.

Article 6 - Staff

The Staff Regulations, as well as the rules adopted jointly by the institutions of the European Community for the purposes of the application of those Staff Regulations, shall apply to the staff of the Joint Undertaking.

Article 7 - Privileges and immunities

The Protocol on the Privileges and Immunities of the European Communities shall apply to the Joint Undertaking, its Director and staff.

Article 8 - Advantages

The Member States shall confer all the advantages provided for in Annex III to the Treaty on the Joint Undertaking within the scope of its official activities, for as long as the Joint Undertaking exists.

Article 9 - Liability and jurisdiction of the Court of Justice

1. The contractual liability of the Joint Undertaking shall be governed by the relevant contractual provisions and by the law applicable to the contract in question.

The Court of Justice of the European Communities shall have jurisdiction to give judgment pursuant to any arbitration clause contained in a contract concluded by the Joint Undertaking.

2. In the case of non-contractual liability, the Joint Undertaking shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its servants in the performance of their duties.

The Court of Justice of the European Communities shall have jurisdiction in disputes relating to compensation for such damage.

3. The Court of Justice shall have jurisdiction in actions brought against the Joint Undertaking, including decisions of its Governing Board, under the conditions provided for in Articles 146 and 148 of the Treaty.

4. Any payment by the Joint Undertaking in respect of the liability referred to in paragraphs 1 and 2 and the costs and expenses incurred in connection therewith shall be considered as expenditure of the Joint Undertaking and shall be covered by the resources of the Joint Undertaking.

Article 10 - Dissemination of information

The Joint Undertaking shall agree with the Commission appropriate provisions which will allow the Community to exercise its rights and obligations under Title II, Chapter 2 of the Treaty.

Article 11 - Host agreement

A host agreement shall be concluded between the Joint Undertaking and Spain within three months from the establishment of the Joint Undertaking.

Article 12 - Application

This Decision shall apply from the 20th day following its publication in the Official Journal of the European Union.

This Decision is addressed to the Member States.