COUNCIL DECISION (EURATOM) 2015/224
of 10 February 2015
amending Decision 2007/198/Euratom establishing the European Joint Undertaking for ITER and the Development of Fusion Energy and conferring advantages upon it
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the third paragraph of Article 47 and Article 50 thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1)
Council Decision 2007/198/Euratom (1) established the European Joint Undertaking for ITER and the Development of Fusion Energy (‘Joint Undertaking’) in order to make available the contribution of the European Atomic Energy Community (‘Euratom’) to the ITER International Fusion Energy Organisation and to the Broader Approach Activities with Japan, as well as to prepare and coordinate a programme of activities in preparation for the construction of a demonstration fusion reactor and related facilities.
(2)
Decision 2007/198/Euratom was amended by Council Decision 2013/791/Euratom (2) for the purpose of allowing the financing of the activities carried out by the Joint Undertaking during the period 2014-20.
(3)
In its conclusions of 12 July 2010 on the Commission's Communication ‘ITER status and possible way forward’, the Council requested the Commission to examine and address the way in which the Commission, the Member States and the Joint Undertaking should implement their responsibilities and tasks on ITER.
(4)
A detailed list of actions was identified in the Commission's Staff Working Paper ‘Towards a robust management and governance of the ITER project’ issued on 9 November 2010, to be undertaken either at the international level, mainly by the ITER Organization, or at the European level, mainly by the Joint Undertaking.
(5)
Following the accession of Croatia to the Union on 1 July 2013, it is necessary to amend the Statutes of the Joint Undertaking in order to grant Croatia voting rights in the Governing Board of the Joint Undertaking. Further amendments to those Statutes are required in order to improve the management and the governance of the Joint Undertaking. In order to take into account the amendments to the Treaty establishing the European Atomic Energy Community introduced by the Treaty of Lisbon, it is also necessary to update the reference to the provisions on the Court of Justice of the European Union.
(6)
In accordance with the Statutes of the Joint Undertaking, the Governing Board of the Joint Undertaking approved the amendments to Decision 2007/198/Euratom proposed by the Commission.
(7)
An Administration and Management Committee should be established to prepare opinions and recommendations for the adoption of key documents by the Governing Board. That Committee should also provide advice or recommendations on specific administrative and financial issues upon request of the Director or of the Governing Board. The Governing Board should have the power to delegate tasks to that Committee. Any Member of the Joint Undertaking should have the right to nominate a representative to serve on that Committee.
(8)
A Procurement and Contracts Committee should be established to give recommendations to the Director of the Joint Undertaking on the award of contracts, grants and related matters. Members of that Committee should be nominated to serve in a personal capacity by the Governing Board.
(9)
A Bureau should be established to assist the Governing Board in the preparation of its decisions. The Governing Board should have the power to delegate tasks to the Bureau. The members of the Bureau should be the Chair of the Governing Board, the Chairs of the Governing Board Committees, a representative of Euratom and a representative of the ITER host State (France). The Governing Board should be entitled to appoint additional persons to the Bureau.
(10)
In accordance with Article 17 of the Treaty on European Union, the Commission is to ensure the application of the Treaties, and of measures adopted by the institutions pursuant to them. Therefore, the rights of the Commission should be strengthened to ensure consistency of the decisions of the Governing Board with Community law.
(11)
It is desirable to consolidate designated organisations in the field of scientific and technological fusion research as a network to provide stable and long-term research and development support to the Joint Undertaking, based on the knowledge and know-how developed by the European Fusion programme and on those to be developed in the future.
(12)
It is necessary to take into account the relevant provisions of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (3) and Commission Delegated Regulation (EU) No 1268/2012 (4), in particular the role of the Commission's internal auditor as internal auditor of the Joint Undertaking.
(13)
Decision 2007/198/Euratom ensures the financing of the Joint Undertaking activities for 2014-20. Article 12(1)(a) of the Statutes of the Joint Undertaking provides for the Euratom contribution to be made available through the Community research and training programmes adopted pursuant to Article 7 of the Treaty establishing the European Atomic Energy Community. Article 12(1)(a) should be amended to take account of the fact that financing for 2014-20 will no longer be made available through the Euratom Framework Programme.
(14)
It is also appropriate to update Decision 2007/198/Euratom as regards the provisions on protection of the financial interests of the Members.
(15)
Decision 2007/198/Euratom should therefore be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
Decision 2007/198/Euratom is amended as follows:
(1)
Article 5 is amended as follows:
(a)
in paragraph 1 the following sentence is added:
‘The Joint Undertaking may award grants and prizes in accordance with the rules of its financial regulation.’
;
(b)
paragraph 2 is deleted;
(2)
the following article is inserted:
‘Article 5aa
Protection of the financial interests of the Members
The Joint Undertaking shall ensure that the financial interests of its Members are adequately protected by carrying out or commissioning appropriate internal and external controls.’
;
(3)
Article 9(3) is replaced by the following:
‘3. The Court of Justice of the European Union shall have jurisdiction in actions brought against the Joint Undertaking, including decisions of its Governing Board, under the conditions provided for in Articles 263 and 265 of the Treaty on the Functioning of the European Union’
;
(4)
the Annex is amended in accordance with the Annex to this Decision.
Article 2
This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Done at Brussels, 10 February 2015.