Explanatory Memorandum to COM(2020)108 - Adoption of the 2020-2023 high flux reactor supplementary research programme at Petten to be implemented by the Joint Research Centre for Euratom

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dossier COM(2020)108 - Adoption of the 2020-2023 high flux reactor supplementary research programme at Petten to be implemented by the Joint ...
source COM(2020)108 EN
date 24-03-2020


1. CONTEXT OF THE PROPOSAL

• Reasons for and objectives of the proposal

The High Flux Reactor (hereafter: HFR) is a research installation based in Petten (the Netherlands) put at the disposal of the European Atomic Energy Community (Euratom), represented by the Commission, in accordance with an agreement concluded in 1961 with the Kingdom of the Netherlands for the duration of 99 years. Under this agreement, on behalf of the Community, the Commission has committed itself to build the necessary facilities and to provide additional equipment in order to make “optimum use” of these facilities (including the HFR). Since 1967 the operation of the reactor has been entrusted by the Commission-JRC to the Dutch operator Nuclear Research and consultancy Group – NRG under a co-operation contract based on the Site agreement of 1961.

The HFR ran as a Community Programme until 1971, when it was converted into a supplementary programme based on Article 7 of the Euratom Treaty, integrating Community programmes financed from the Community budget. Since then the HFR has been running under successive Supplementary Programmes with the participation of a variable configuration of Member States.

Through the supplementary research programme financed by two or more Member States the HFR provides a steady and reliable neutron flux for experimental purposes. The investigated domains under the supplementary programmes are: nuclear materials and fuel science, with the aim to improve the safety of nuclear reactors (both fission and fusion), investigations on reactor ageing and life management, research on advanced fuel cycles and waste management. The HFR acts also as a training facility hosting doctoral and post-doctoral fellows performing their research activities through national or European programmes.

The current Supplementary Programme was adopted on 29 May 2017, covering four years (2016-2019) (Council Decision 2017/956/Euratom - OJ L144/23, 7.6.2017). The Programme is implemented by the Joint Research Centre (JRC) for the European Atomic Energy Community. The contribution for the 2016-2019 Supplementary Research Programme came from two participating Member States, The Netherlands and France, with a total budget of EUR 30.2 million. This amount includes the provisions for the annual contributions to the decommissioning fund of the reactor. The current supplementary research programme will expire on the 31 December 2019.

The reactor is also used for the commercial production of radio-isotopes (under the responsibility of the operator), covering more than 60% of all the 10 million medical diagnoses performed each year in Europe. It is an indispensable source of supply for European radiopharmaceutical companies in this field. Moreover, thanks to its location, the production of the reactor is rapidly re-directed to the European medical centres. This is essential for the most currently used short-life isotopes.

This proposal for a Council Decision concerns a new four-year programme for the HFR operation (2020-2023) based on research activities of the Nuclear Research and consultancy Group – NRG (on behalf of The Netherlands) and the Commissariat à l'énergie atomique et aux énergies alternatives - CEA (on behalf of France). The contribution for the 2020-2023 supplementary research programme will be EUR 27.854 million in the four-year period, provided that the HFR will continue to be in regular operation and maintenance. This amount will include the provisions for the annual contributions to the decommissioning fund of the reactor. If during the period 2020-2023, an official notification of definitive shutdown is issued by the operator NRG to the national safety authorities prior to the declaration of safe conservation state, the payments that remain to be effected as well as the calls for funds by the Commission will be suspended.

• Consistency with existing policy provisions in the policy area

In its meeting of 27 June 1996, the Council stated that the HFR can contribute, on the basis of adequate financing, to the execution of Community programmes, whether or not in the context of the Research Framework Programmes.

• Consistency with other Union policies

N.A.

2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

• Legal basis

The proposal is based on Article 7 of the Euratom Treaty. 

• Subsidiarity (for non-exclusive competence)

N.A.

• Proportionality

N.A.

• Choice of the instrument

N.A.

3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

• Ex-post evaluations/fitness checks of existing legislation

N.A.

• Stakeholder consultations

Among the Member States consulted in view of their research activities in the nuclear field, two Member States (The Netherlands and France) agreed to contribute to the financing of the HFR.

• Collection and use of expertise

N.A.

• Impact assessment

N.A.

• Regulatory fitness and simplification

N.A.

• Fundamental rights

N.A.

4. BUDGETARY IMPLICATIONS

In its financial statement, this new supplementary programme shows the contribution to come from two participating Member States, namely The Netherlands and France. The contributions from these two Member States amount to EUR 27.854 million for the period 2020-2023. These amounts plus the expected level of commercial income ensure a sufficient operational budget in order to balance the forecasted costs of the reactor on the period 2020-2023. It should be noted that the budget includes provisions for the decommissioning of the reactor, as well as costs linked to general support HFR, utilities, insurances and spent fuel management.

The Commission confirms the declaration recorded in the minutes of the Council meeting of 27 June 1996, by which it stated that 'the HFR can contribute, on the basis of adequate financing, to the execution of Community programmes, whether or not in the context of the Framework Programmes. This participation will take place either on a competitive basis or by means of irradiation services to JRC Institutes during the implementation of their respective activities'. This means that the Commission will not contribute to the operational cost of the HFR with funds from its institutional budget, including any cost for maintenance or repair of the reactor.


5. OTHER ELEMENTS

• Implementation plans and monitoring, evaluation and reporting arrangements

The Board of Governors of the Joint Research Centre shall be kept informed of the implementation of the programme. The Commission shall submit to the European Parliament and to the Council, a final report on the implementation of this Decision.

• Explanatory documents (for directives)

N.A.

• Detailed explanation of the specific provisions of the proposal

N.A.