20.5.2008 EN Official Journal of the European Union L 130/7 COUNCIL DECISION of 29 April 2008 on the adoption of the Research Programme of the Research Fund for Coal and Steel and on the multiannual technical guidelines for this programme (2008/376/EC) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to the Protocol, annexed to the Treaty establishing the European Community, on the financial consequences of the expiry of the ECSC Treaty and on the Research Fund for Coal and Steel, Having regard to Council Decision 2003/76/EC of 1 February 2003 establishing the measures necessary for the implementation of the Protocol, annexed to the Treaty establishing the European Community, on the financial consequences of the expiry of the ECSC Treaty and on the Research Fund for Coal and Steel (1), and in particular Article 4(3) thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament (2), Whereas: (1) The revenue from investments of the net worth of the assets of the European Coal and Steel Community (ECSC) in liquidation and, on completion of the liquidation, the assets of the Research Fund for Coal and Steel, are being assigned to the Research Fund for Coal and Steel, which is intended exclusively to fund research projects outside the Community framework programme for research, technological development and demonstration activities in the sectors related to the coal and steel industry. (2) The Research Fund for Coal and Steel is to be managed by the Commission in accordance with principles similar to those governing the former ECSC coal and steel technical research programmes and on the basis of multiannual technical guidelines which should constitute an extension of those ECSC programmes, providing a high concentration of research activities and ensuring that they supplement those of the Community framework programme for research, technological development and demonstration activities. (3) The Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013) set out in Decision No 1982/2006/EC of the European Parliament and of the Council of 18 December 2006 (3) (hereinafter referred to as ‘the Seventh Framework Programme’) provides an incentive to review Council Decision 2003/78/EC of 1 February 2003 laying down the multiannual technical guidelines for the research programme of the Research Fund for Coal and Steel (4) in order to ensure that the Research Fund for Coal and Steel complements the Seventh Framework Programme in the sectors related to the coal and steel industry. (4) Research and technical development constitute a very important means of supporting Community energy objectives with regard to the supply of Community coal and its competitive and environmentally friendly conversion and utilisation. Moreover, the growing international dimension of the coal market and the global scale of the problems confronting it means that the Community has to take a leading role in meeting challenges relating to modern techniques, mine safety and environmental protection at worldwide level by ensuring the transfer of know-how required for further technological progress, improved working conditions (health and safety) and enhanced environmental protection. (5) With the general aim of increasing competitiveness and contributing to sustainable development, the main emphasis of research and technological development is on the development of new or improved technologies to guarantee the economic, clean and safe production of steel and steel products characterised by steadily increasing performance, suitability to use, customer satisfaction, prolonged service life, easy recovery and recycling. (6) The order in which the research objectives for coal and steel are presented in this Decision should not represent a priority as between those objectives. (7) In the framework of the management activities of the Research Fund for Coal and Steel, the Commission should be assisted by advisory groups and technical groups representing a wide range of interests of industries and other stakeholders. (8) The recent enlargement incorporating new Member States requires modification of the multiannual technical guidelines laid down in Decision 2003/78/EC, notably as regards the composition of the advisory groups and the definition of coal. (9) In accordance with Statement No 4 of the Decision of the Representatives of the Governments of the Member States meeting within the Council 2002/234/ECSC of 27 February 2002 (5), the Commission has re-examined the definition of steel and come to the conclusion that it is not necessary to change that definition. Indeed, steel castings, forgings and powder metallurgy products are topics already covered by the Seventh Framework Programme. (10) The general approach for revising the Decision 2003/78/EC should be to keep intact the procedures that were considered by the assisting groups as effective, together with a limited but necessary number of modifications and administrative simplifications in order to ensure complementarity with the Seventh Framework Programme. (11) Those modifications include the deletion of some accompanying measures as already foreseen in the Seventh Framework Programme. It is also necessary to align the periodicity of the revision and the experts’ nominations concerning the Research Programme of the Research Fund for Coal and Steel on those used in the Seventh Framework Programme. (12) The rules on the composition of the advisory groups should be revised, notably as regards the representation of interested Member States and gender balance according to Commission Decision 2000/407/EC of 19 June 2000 relating to gender balance within the committees and expert groups established by it (6). (13) The Commission should be given the opportunity to launch dedicated calls in the framework of the research objectives defined in this Decision. (14) The maximum total financial contribution from the Research Fund for Coal and Steel for pilot and demonstration projects should be increased to 50 % of the eligible costs. (15) The eligible costs approach should be kept together with a better definition of the cost categories and a revised percentage for the calculation of the overheads. (16) The Commission has reassessed the multiannual technical guidelines laid down in Decision 2003/78/EC and found that in view of the changes required it is appropriate to replace that Decision. (17) In order to ensure the necessary continuity with Decision 2003/78/EC, this Decision should apply from 16 September 2007. Applicants submitting proposals between 16 September 2007 and the date this Decision takes effect should be invited to resubmit their proposals in accordance with this Decision, which should enable them to benefit from the more favourable conditions provided by this Decision, notably as regards the financial contribution to pilot and demonstration projects. (18) The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (7), HAS ADOPTED THIS DECISION: CHAPTER I GENERAL PROVISIONS Article 1 Subject matter This Decision provides for the adoption of the Research Programme of the Research Fund for Coal and Steel and lays down the multiannual technical guidelines for the implementation of that programme. CHAPTER II RESEARCH PROGRAMME OF THE RESEARCH FUND FOR COAL AND STEEL SECTION 1 Adoption of the Research Programme Article 2 Adoption The Research Programme for the Research Fund for Coal and Steel (hereinafter referred to as ‘the Research Programme’) is hereby adopted. The Research Programme shall support the competitiveness of the Community sectors related to the coal and steel industry. The Research Programme shall be consistent with the scientific, technological and political objectives of the Community, and shall complement the activities carried out in the Member States and within the existing Community research programmes, in particular the framework programme for research, technological development and demonstration activities (hereinafter referred to as ‘the Research Framework Programme’). Coordination, complementarity and synergy between these programmes shall be encouraged, as shall the exchange of information between projects financed under the Research Programme and those that are financed under the Research Framework Programme. The Research Programme shall support research activities aimed at the objectives defined for coal in Section 3 and for steel in Section 4. SECTION 2 Definitions of coal and steel Article 3 Definitions For the purposes of this Decision, the following definitions shall apply: 1. coal shall mean any of the following: (a) hard coal, including the high and medium-ranking ‘A’ coals (sub-bituminous coals) as defined in the international codification system of coal of the UN Economic Commission for Europe; (b) hard coal briquette; (c) coke and semi-coke derived from hard coal; (d) lignite, including the low-ranking ‘C’ coals (or ortho-lignites) and the low-ranking ‘B’ coals (or meta-lignites) as defined in the above codification; (e) lignite briquettes; (f) coke and semi-coke derived from lignite; (g) oil shales; 2. steel shall mean any of the following: (a) raw materials for iron and steel production, such as iron-ore, sponge iron and ferrous scrap; (b) pig iron (including hot metal) and ferro-alloys; (c) crude and semi-finished products of iron, ordinary steel or special steel (including products for reuse and re-rolling), such as liquid steel cast by continuous casting or otherwise, and semi-finished products such as blooms, billets, bars, slabs and strips; (d) hot-finished products of iron, ordinary steel or special steel (coated or uncoated products, excluding steel castings, forgings and powder metallurgy products), such as rails, sheet piling, structural shapes, bars, wire rods, plates and universal plates, strips and sheets, and tube rounds and squares; (e) end products of iron, ordinary steel or special steel (coated or uncoated), such as cold-rolled strips and sheets and electrical sheets; (f) products of the first-stage processing of steel that can enhance the competitive position of the above iron and steel products, such as tubular products, drawn and polished products, cold-rolled and cold-formed products. SECTION 3 Research objectives for coal Article 4 Improving the competitive position of Community coal 1. Research projects shall aim to reduce the total costs of mining production, improve the quality of the products and reduce the costs of using coal. Research projects shall encompass the entire coal production chain as follows: (a) modern techniques for surveying deposits; (b) integrated mine planning; (c) highly efficient, largely automated excavation and new and existing mining technologies corresponding to the geological characteristics of European hard coal deposits; (d) appropriate support technologies; (e) transport systems; (f) power supply services, communication and information, transmission, monitoring and process control systems; (g) coal preparation techniques, oriented to the needs of the consumer markets; (h) coal conversion; (i) coal combustion. 2. Research projects shall also aim to achieve scientific and technological progress with a view to gaining a better understanding of the behaviour and control of deposits in relation to rock pressure, gas emissions, the risk of explosion, ventilation and all other factors affecting mining operations. Research projects with these objectives shall present the prospect of results applicable in the short or medium term to a substantial part of Community production. 3. Preference shall be given to projects that promote at least one of the following: (a) integration of individual techniques in systems and methods and the development of integrated mining methods; (b) substantial reduction of production costs; (c) benefits in terms of mine safety and the environment. Article 5 Health and safety in mines Issues concerning mine safety, including gas control, ventilation and air-conditioning with a view to improving underground working conditions and occupational health and safety as well as environmental issues shall also be taken into account in the projects covering the activities referred to in Article 4(1)(a) to (f). Article 6 Efficient protection of the environment and improvement of the use of coal as a clean energy source 1. Research projects shall seek to minimise the impact of mining operations and the use of coal in the Community on the atmosphere, water and the surface within the framework of an integrated management strategy with respect to pollution. As the Community coal industry is undergoing constant restructuring, the research shall also be geared towards minimising the environmental impact of underground mines destined for closure. 2. Preference shall be given to projects that envisage one or more of the following: (a) a reduction in emissions from coal utilisation, including capture and storage of CO2; (b) a reduction in greenhouse gas emissions, in particular methane, from coal deposits; (c) the return to the mine of mining waste, fly ash and desulphurisation products, accompanied, where relevant, by other forms of waste; (d) the refurbishment of waste heaps and the industrial use of residues from coal production and consumption; (e) the protection of water tables and the purification of mine drainage water; (f) a reduction in the environmental impact of installations which mainly use Community coal and lignite; (g) the protection of surface installations against the effects of subsidence in the short and long term. Article 7 Management of external dependence on energy supply Research projects shall relate to the prospects for long-term energy supply and concern the upgrading, in economic, energy-related and environmental terms, of coal deposits which cannot be extracted economically by conventional mining techniques. Projects may include studies, the definition of strategies, fundamental and applied research and the testing of innovative techniques which offer prospects for the upgrading of Community coal resources. Preference shall be given to projects integrating complementary techniques such as the adsorption of methane or carbon dioxide, coal bed methane extraction and underground coal gasification. SECTION 4 Research objectives for steel Article 8 New and improved steelmaking and finishing techniques Research and technological development (RTD) shall aim to improve steel production processes with a view to enhancing product quality and increasing productivity. Reducing emissions, energy consumption and the environmental impact as well as enhancing the use of raw materials and the conservation of resources shall form an integral part of the improvements sought. Research projects shall address one or more of the following areas: (a) new and improved iron-ore reduction processes; (b) ironmaking processes and operations; (c) electric arc furnace processes; (d) steelmaking processes; (e) secondary metallurgy techniques; (f) continuous casting and near net shape-casting techniques with and without direct rolling; (g) rolling, finishing and coating techniques; (h) hot- and cold-rolling techniques, pickling and finishing processes; (i) process instrumentation, control and automation; (j) maintenance and reliability of production lines. Article 9 RTD and the utilisation of steel RTD shall be undertaken in respect of the utilisation of steel to meet the future requirements of steel users and to create new market opportunities. Research projects shall address one or more of the following areas: (a) new steel grades for demanding applications; (b) steel properties addressing mechanical properties at low and high temperatures such as strength and toughness, fatigue, wear, creep, corrosion and resistance against fracture; (c) prolonging service life, in particular by improving the resistance of steels and steel structures to heat and corrosion; (d) steel-containing composites and sandwich structures; (e) predictive simulation models on microstructures and mechanical properties; (f) structural safety and design methods, in particular with regard to resistance to fire and earthquakes; (g) technologies relating to the forming, welding and joining of steel and other materials; (h) standardisation of testing and evaluation methods. Article 10 Conservation of resources and improvement of working conditions In both steel production and steel utilisation, the conservation of resources, the preservation of the ecosystem and safety issues shall form an integral part of the RTD work. Research projects shall address one or more of the following areas: (a) techniques for recycling obsolete steel from various sources and classification of steel scrap; (b) steel grades and design of assembled structures to facilitate the easy recovery of steel scrap and its reconversion into usable steels; (c) control and protection of the environment in and around the workplace; (d) restoration of steelworks sites; (e) improvement of working conditions and quality of life in the workplace; (f) ergonomic methods; (g) occupational health and safety; (h) reduction of exposure to occupational emissions. CHAPTER III MULTIANNUAL TECHNICAL GUIDELINES SECTION 1 Participation Article 11 Member States Any undertaking, public body, research organisation or higher or secondary education establishment, or other legal entity, including natural persons, established within the territory of a Member State may participate in the Research Programme and apply for financial assistance, provided that they intend to carry out an RTD activity or can substantially contribute to such an activity. Article 12 Candidate countries Any undertaking, public body, research organisation or higher or secondary education establishment, or other legal entity, including natural persons, in candidate countries shall be entitled to participate without receiving any financial contribution under the Research Programme, unless otherwise provided under the relevant European Agreements and their additional Protocols, and in the decisions of the various Association Councils. Article 13 Third countries Any undertaking, public body, research organisation or higher or secondary education establishment, or other legal entity, including natural persons, from third countries shall be entitled to participate on the basis of individual projects without receiving any financial contribution under the Research Programme, provided that such participation is in the Community’s interest. SECTION 2 Eligible activities Article 14 Research projects A research project shall be intended to cover investigative or experimental work with the aim of acquiring further knowledge to facilitate the attainment of specific practical objectives such as the creation or development of products, production processes or services. Article 15 Pilot projects A pilot project shall be characterised by the construction, operation and development of an installation or a significant part of an installation on an appropriate scale and using suitably large components with a view to examining the potential for putting theoretical or laboratory results into practice and/or increasing the reliability of the technical and economic data needed to progress to the demonstration stage, and in certain cases to the industrial and/or commercial stage. Article 16 Demonstration projects A demonstration project shall be characterised by the construction and/or operation of an industrial-scale installation or a significant part of an industrial-scale installation with the aim of bringing together all the technical and economic data in order to proceed with the industrial and/or commercial exploitation of the technology at minimum risk. Article 17 Accompanying measures Accompanying measures shall relate to the promotion of the use of knowledge gained or to the organisation of dedicated workshops or conferences in connection with projects or priorities of the Research Programme. Article 18 Support and preparatory actions Support and preparatory actions shall be those appropriate to the sound and effective management of the Research Programme, such as the evaluation and selection of proposals as referred to in Articles 27 and 28, the periodic monitoring and assessment referred to in Article 38, studies, the clustering or the networking of related projects funded under the Research Programme. The Commission may, where it deems appropriate, appoint independent and highly qualified experts to assist with support and preparatory actions. SECTION 3 Management of the research programme Article 19 Management The Research Programme shall be managed by the Commission. It shall be assisted by the Coal and Steel Committee, the Coal and Steel Advisory Groups and the Coal and Steel Technical Groups. Article 20 Establishment of the Coal and Steel Advisory Groups The Coal and Steel Advisory Groups (hereinafter referred to as ‘the Advisory Groups’) shall be independent technical advisory groups. Article 21 Tasks of the Advisory Groups For the coal- and steel-related RTD aspects respectively, each Advisory Group shall advise the Commission on the following: (a) the overall development of the Research Programme, the information package as referred to in Article 25(3) and future guidelines; (b) the consistency and the possible duplication with other RTD programmes at Community and national level; (c) the setting-out of the guiding principles for monitoring RTD projects; (d) the work being undertaken on specific projects; (e) the research objectives of the Research Programme listed in Sections 3 and 4 of Chapter II; (f) the annual priority objectives listed in the information package and, where appropriate the priority objectives for dedicated calls as referred to in Article 25(2); (g) the preparation of a manual for evaluating and selecting RTD actions, as referred to in Articles 27 and 28; (h) the evaluation of proposals for RTD actions and the priority to be given to those proposals, having regard to the funds available; (i) the number, competence and composition of the Technical Groups referred to in Article 24; (j) the drawing-up of dedicated calls for proposals as referred to in Article 25(2); (k) other measures when requested to do so by the Commission. Article 22 Composition of the Advisory Groups 1. Each Advisory Group shall be composed in accordance with the tables set out in the Annex. Members of the Advisory Groups shall be appointed by the Commission to serve in a personal capacity for a period of 42 months. Appointments may be withdrawn. 2. The Commission shall consider proposals for appointments received in the following ways: (a) by the Member States; (b) by the entities referred to in the tables in the Annex; (c) in response to a call for applications for inclusion on a reserve list. 3. The Commission shall ensure, within each Advisory Group, a balanced range of expertise and the broadest possible geographical representation. 4. Members of the Advisory Groups shall be active in the field concerned and be aware of the industrial priorities. In addition, the Commission, when appointing members, shall seek to achieve a gender balance. Article 23 Meetings of the Advisory Groups The meetings of the Advisory Groups shall be organised and chaired by the Commission, which shall also provide the secretariat. If necessary, the Chairman may request members to vote. Every member shall have the right to one vote. The Chairman may invite visiting experts or observers to take part in meetings where appropriate. The visiting experts and the observers shall have no voting rights. If necessary, such as to provide advice on matters of relevance for both the coal and steel sectors, the Advisory Groups shall convene in joint meetings. Article 24 Establishment and tasks of the Coal and Steel Technical Groups The Coal and Steel Technical Groups (hereinafter referred to as ‘the Technical Groups’) shall advise the Commission on the monitoring of research and pilot or demonstration projects and, where necessary, in the definition of the priority objectives of the Research Programme. Members of the Technical Groups shall be appointed by the Commission and shall come from the sectors related to the coal and steel industry, research organisations or user industries where they shall have responsibility for research strategy, management or production. In addition, the Commission, when appointing members, shall seek to achieve a gender balance. Meetings of the Technical Groups shall, whenever possible, be held at venues chosen in such a way that project monitoring and results assessment are best ensured. SECTION 4 Implementation of the research programme Article 25 Call for proposals 1. An open and continuous call for proposals is hereby launched. Unless otherwise specified, 15 September of each year shall be the cut-off date for the submission of proposals for evaluation. 2. Where the Commission, in accordance with Article 41(d) and (e), decides to modify the cut-off date referred to in paragraph 1 of this Article for the submission of proposals, or to launch dedicated calls for proposals, it shall publish that information in the Official Journal of the European Union. Dedicated calls shall indicate the dates and modalities for the submission, including whether it shall take place in one or two steps, and for the evaluation of the proposals, the priorities, the type of eligible projects as referred to in Articles 14 to 18, where necessary, and the envisaged funding. 3. The Commission shall establish an information package setting-out the detailed rules for participation, the methods of managing proposals and projects, application forms, rules for the submission of proposals, model grant agreements, eligible costs, the maximum financial contribution allowable, methods of payment and the annual priority objectives of the Research Programme. The Commission shall make the information package public on the Community Research and Development Information Service (CORDIS) or corresponding website. Applications shall be submitted to the Commission in accordance with the rules laid down in the information package, of which a paper copy can be obtained from the Commission on request. Article 26 Content of proposals The proposals shall relate to the research objectives laid down in Sections 3 and 4 of Chapter II and, where applicable, to the priority objectives listed in the information package in accordance with Article 25(3) or to the priority objectives defined for the dedicated calls for proposals referred to in Article 25(2). Each proposal shall include a detailed description of the proposed project and contain full information on objectives, partnerships, including the precise role of each partner, management structure, anticipated results, expected applications and an assessment of anticipated industrial, economic, social and environmental benefits. The proposed total cost and its breakdown shall be realistic and effective, and the project shall be expected to produce a favourable cost/benefit ratio. Article 27 Evaluation of proposals The Commission shall ensure a confidential, fair and equitable evaluation of proposals. The Commission shall establish and publish a manual for the evaluation and selection of RTD actions. Article 28 Selection of proposals and monitoring of projects 1. The Commission shall register the proposals received and shall verify their eligibility. 2. The Commission shall evaluate the proposals with the assistance of independent experts. 3. The Commission shall draw up a list of the proposals adopted in order of merit. The ranking list shall be discussed by the relevant Advisory Group. 4. The Commission shall decide on the choice of projects and the allocation of funds. Where the estimated amount of the Community contribution under the Research Programme is equal to or more than EUR 0,6 million Article 41(a) shall apply. 5. The Commission shall, with the assistance of the Technical Groups referred to in Article 24, monitor research projects and activities. Article 29 Grant agreements Projects based on selected proposals and measures and actions as specified under Articles 14 to 18 shall form the subject of a grant agreement. Grant agreements shall be based on relevant model grant agreements drawn up by the Commission, taking account, as appropriate, of the nature of the activities concerned. Grant agreements shall define the financial contribution allocated under the Research Programme on the basis of the eligible costs, as well as the rules concerning cost reporting, the closure of accounts and certificates on financial statements. In addition, they shall provide for provisions on access rights and dissemination and use of knowledge. Article 30 Financial contribution 1. The Research Programme shall be based on cost-sharing RTD grant agreements. The total financial contribution including any other additional public funding shall conform to the applicable rules on State aid. 2. Public contracts shall be used for the supply of movable or immovable assets, the execution of works or the provision of services which are necessary for the implementation of the support and preparatory actions. 3. Without prejudice to paragraph 1 of this Article, the maximum total financial contribution, expressed as a percentage of the eligible costs defined in Articles 31 to 35, shall be: (a) for research projects up to 60 %; (b) for pilot and demonstration projects up to 50 %; (c) for accompanying measures, support and preparatory actions up to 100 %. Article 31 Eligible costs 1. The eligible costs shall consist of the following: (a) equipment costs; (b) staff costs; (c) operating costs; (d) indirect costs. 2. The eligible costs shall cover only actual costs incurred for the execution of the project under the terms of the grant agreement. Beneficiaries, associated beneficiaries and sub-beneficiaries shall not be entitled to claim any budgeted or commercial rates. Article 32 Equipment costs The costs of purchasing or hiring equipment which are directly related to the execution of the project shall be chargeable as direct costs. The eligible costs for the leasing of equipment shall not exceed any eligible costs for its purchase. Article 33 Staff costs The costs of actual hours devoted exclusively to the project by scientific, postgraduate or technical staff and the staff costs of manual workers directly employed by the beneficiary shall be chargeable. Any additional staff costs, such as scholarships, shall require the Commission’s prior written approval. All working hours charged must be recorded and certified. Article 34 Operating costs Operating costs directly related to the execution of the project shall be limited solely to the cost of: (a) raw materials; (b) consumables; (c) energy; (d) transportation of raw materials, consumables, equipment, products, feedstock or fuel; (e) the maintenance, repair, alteration or transformation of existing equipment; (f) IT and other specific services; (g) the rental of equipment; (h) analysis and tests; (i) dedicated workshop organisation; (j) certificate on financial statements and bank guarantee; (k) protection of knowledge; (l) assistance from third parties. Article 35 Indirect costs All other expenses, such as overhead costs or overheads, which may arise in connection with the project and which are not specifically identified in the preceding categories including travel and subsistence costs, shall be covered by a flat rate amounting to 35 % of the eligible staff costs as referred to in Article 33. SECTION 5 Evaluation and monitoring of the research activities Article 36 Technical reports For research, pilot and demonstration projects referred to in Articles 14, 15 and 16 periodical reports shall be drawn up by the beneficiary or beneficiaries. Such reports shall be used to describe the technical progress made. On completion of the work, a final report comprising an assessment of exploitation and impact shall be provided by the beneficiary or beneficiaries. That report shall be published by the Commission in full or in summarised form depending on the strategic relevance of the project and following consultation, if necessary, of the relevant Advisory Group. The Commission may require the beneficiary or beneficiaries to provide final reports on the accompanying measures referred to in Article 17 as well as on the support and preparatory actions referred to in Article 18 and may decide to have them published. Article 37 Annual review The Commission shall conduct an annual review of activities under the Research Programme and the progress of the RTD work. The report containing the review shall be forwarded to the Coal and Steel Committee. The Commission may appoint independent experts and highly qualified experts to assist with this annual review. Article 38 Monitoring and assessment of the Research Programme 1. The Commission shall carry out a monitoring exercise of the Research Programme, including an assessment of the expected benefits. A report on that exercise shall be issued by the end of 2013, and thereafter every seven years. These reports shall be made public on the Community Research and Development Information Service (CORDIS) or corresponding website. 2. The Commission shall assess the Research Programme on completion of the projects financed during every period of seven years. The benefits of the RTD to society and to the relevant sectors shall also be assessed. The assessment report shall be published. 3. In carrying out the monitoring and assessment referred to in paragraphs 1 and 2, the Commission shall be assisted by panels of highly qualified experts appointed by the Commission. Article 39 Appointment of independent and highly qualified experts For the appointment of independent and highly qualified experts referred to in Article 18, Article 28(2) and Article 38, the provisions set out in Articles 14 and 17 of the Regulation (EC) No 1906/2006 (8), shall apply by analogy. CHAPTER IV FINAL PROVISIONS Article 40 Review of the multiannual technical guidelines The multiannual technical guidelines laid down in Chapter III shall be reviewed every seven years, first period ending on 31 December 2014. To this end, and at the latest in the first six months of the last year of each seven-year period, the Commission shall reassess the operation and the effectiveness of the multiannual technical guidelines and, where appropriate, propose any amendment. If it sees fit, the Commission may carry out such reassessment and shall submit proposals for any appropriate amendments to the Council before the expiry of the seven-year period. Article 41 Implementing measures The Commission shall, in accordance with the procedure referred to in Article 42(2), adopt the following implementing measures: (a) the approval of the funding actions where the estimated amount of the Community contribution under the Research Programme is equal to or more than EUR 0,6 million; (b) the drawing-up of terms of reference for the monitoring and assessment of the Research Programme referred to in Article 38; (c) amendments to Sections 3 and 4 of Chapter II; (d) changes to the cut-off date referred to in Article 25; (e) the drawing-up of dedicated calls for proposals. Article 42 Committee 1. The Commission shall be assisted by the Coal and Steel Committee. 2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply. The period laid down in Article 4(3) of that Decision shall be set at two months. Article 43 Repeal and transitional measures Decision 2003/78/EC shall be repealed. However, Decision 2003/78/EC shall continue to apply until 31 December 2008 to the financing of actions resulting from proposals submitted by 15 September 2007. Article 44 Applicability This Decision shall take effect on the day following its publication in the Official Journal of the European Union. It shall apply from 16 September 2007. Article 45 Addressees This Decision is addressed to the Member States. Done at Luxembourg, 29 April 2008. For the Council The President D. RUPEL (1) OJ L 29, 5.2.2003, p. 22. (2) Opinion of 10 April 2008 (not yet published in the Official Journal). (3) OJ L 412, 30.12.2006, p. 1. (4) OJ L 29, 5.2.2003, p. 28. (5) OJ L 79, 22.3.2002, p. 42. (6) OJ L 154, 27.6.2000, p. 34. (7) OJ L 184, 17.7.1999, p. 23. Decision as last amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11). (8) Regulation (EC) No 1906/2006 of the European Parliament and of the Council of 18 December 2006 laying down the rules for the participation of undertakings, research centres and universities in actions under the Seventh Framework Programme and for the dissemination of research results (2007-2013) (OJ L 391, 30.12.2006, p. 1). ANNEX The composition of the Coal Advisory Group referred to in Article 22: Members Maximum total a) From coal producers/national federations or related research centres 8 b) From organisations representing coal producers at European level 2 c) From coal users or related research centres 8 d) From organisations representing coal users at European level 2 e) From organisations representing workers 2 f) From organisations representing equipment suppliers 2 24 Members must have a wide background knowledge and individual expertise in one or more of the following areas: coalmining and utilisation, environment and social issues, including safety aspects. The composition of the Steel Advisory Group referred to in Article 22: Members Maximum total a) From steel industries/national federations or related research centres 21 b) From ornganisation representing producers at European level 2 c) From ornganisations representing workers 2 d) From organisations representing downstream processing industries or steel users 5 30 Members must have a wide background knowledge and individual expertise in one or more of the following areas: raw materials; iron-making; steelmaking; continuous casting; hot- and/or cold-rolling; steel-finishing and/or surface treatment; development of steel grades and/or products; steel applications and properties; environmental and social issues, including safety aspects.

Summary: Research Fund for Coal and Steel — Programme and guidelines Research Fund for Coal and Steel — Programme and guidelines SUMMARY OF: Decision 2008/376/EC on the research programme of the Research Fund for Coal and Steel and its multiannual technical guidelines WHAT IS THE AIM OF THIS DECISION? Decision 2008/376/EC set up the Research Fund for Coal and Steel (RFCS) and set out technical guidelines for the programme. Amending Decision (EU) 2017/955 updated the original decision in order to align the RFCS programme with Horizon 2020, the European Union’s (EU) research framework programme which preceded Horizon Europe. This included revising the rules governing the advisory and technical groups to ensure transparency, to achieve a better balance of expertise and gender, as well as simplifying procedures to make it easier for small and medium-sized businesses to participate in the programme. Amending Decision (EU) 2021/1094 revises the programme’s research objectives, in line with the European Green Deal (see summary) and the Just Transition Mechanism. This fits with the EU’s objectives to achieve climate neutrality by 2050 (Regulation (EU) 2021/1119 — see summary), which were adopted further to the Paris Agreement (see summary) and ratified by the EU in 2016. It also ensures that RFCS research complements the activities of Horizon Europe. KEY POINTS Decision 2008/376/EC, as amended by Decision (EU) 2021/1094, revises and refocuses the research priorities under the RFCS: with regard to coal, they aim to: support the just transition of the coal sector and regions,improve health and safety in coal mines under closure and in previously exploited coal mines,minimise the environmental impacts of coal mining sites in transition; with regard to steel, they include work on: new, sustainable and low-carbon steelmaking and finishing processes,advanced steel grades and applications,conservation of resources, protection of the environment and the circular economy,management of the work force (developing and disseminating competencies to keep pace with new near-zero-carbon steel production processes) and improving working conditions (including health, safety and ergonomics in and around the workplace). Research on breakthrough technologies for the reduction of CO2 emissions in the steel industrial sector may be implemented through co-programmed European Partnerships (involving the pooling of resources between public or private partners or both). These may be established in accordance with the rules set out in Regulation (EU) 2021/695 establishing Horizon Europe (see summary). Procedure The RFCS is managed by the European Commission. The Coal and Steel Committee, comprising representatives from the EU Member States, assists the Commission with the RFCS’s overall management. Coal and steel advisory groups advise the Commission on developing the research programme, including the setting of annual priorities. Coal and steel technical groups support the Commission in evaluating and monitoring projects. The RFCS issues annual calls for proposals, namely €40 million to finance collaborative research and €71 million to finance research for breakthrough technologies leading to near-zero-carbon steelmaking and research projects. These projects manage the just transition of formerly operating coal mines, coal mines in the process of closure and related infrastructure, in line with the Just Transition Mechanism and in compliance with Article 4(2) Supporting the just transition of the coal sector and regions. The RFCS programme is monitored by the Commission and is assessed every 7 years. FROM WHEN DOES THE DECISION APPLY? Decision 2008/376/EC has applied since 16 September 2007. Amending Decision (EU) 2017/955 has applied since 27 June 2017. Amending Decision (EU) 2021/1094 has applied since 25 July 2021. BACKGROUND For more information, see: Research Fund for Coal and Steel (RFCS) (European Commission). MAIN DOCUMENT Council Decision 2008/376/EC of 29 April 2008 on the adoption of the Research Programme of the Research Fund for Coal and Steel and on the multiannual technical guidelines for this programme (OJ L 130, 20.5.2008, pp. 7–17). Successive amendments to Decision 2008/376/EC have been incorporated into the original text. This consolidated version is of documentary value only. RELATED DOCUMENTS Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, pp. 1–17). Regulation (EU) 2021/695 of the European Parliament and of the Council of 28 April 2021 establishing Horizon Europe — the Framework Programme for Research and Innovation, laying down its rules for participation and dissemination, and repealing Regulations (EU) No 1290/2013 and (EU) No 1291/2013 (OJ L 170, 12.5.2021, pp. 1–68). Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions — The European Green Deal (COM(2019) 640 final, 11.12.2019). Paris Agreement (OJ L 282, 19.10.2016, pp. 4–18). Consolidated version of the Treaty on the Functioning of the European Union — Protocol (No 37) on the financial consequences of the expiry of the ECSC Treaty and on the Research Fund for Coal and Steel (OJ C 202, 7.6.2016, pp. 327–328). Council Decision (EU) 2021/1207 of 19 July 2021 amending Decision 2003/77/EC laying down multiannual financial guidelines for managing the assets of the ECSC in liquidation and, on completion of the liquidation, the Assets of the Research Fund for Coal and Steel (OJ L 261, 22.7.2021, pp. 47–53). Decision (EU) 2021/1208 of 19 July 2021 amending Decision 2003/76/EC establishing the measures necessary for the implementation of the Protocol, annexed to the Treaty establishing the European Community, on the financial consequences of the expiry of the ECSC Treaty and on the Research Fund for Coal and Steel (OJ L 261, 22.7.2021, pp. 54–57). last update 06.10.2021


15.2.2008 EN Official Journal of the European Union L 41/15 COUNCIL DECISION of 12 February 2008 establishing Statutes for the Euratom Supply Agency (2008/114/EC, Euratom) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 54 second subparagraph thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament (1), Whereas: (1) Title II, Chapter 6 of the Treaty provides for the creation of the Euratom Supply Agency (hereinafter referred to as the 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 were adopted on 6 November 1958 (2). Taking into account the increase in the number of the Member States as well as the need to apply modern financial provisions to the Agency and the need to fix its seat, these Statutes should be repealed and replaced. (2) The new Statutes should contain financial provisions that are in line with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3). At the same time the new Financial Regulation applicable to the Agency should be adopted in accordance to Article 183 of the Treaty. The capital of the Agency and the possibility, foreseen in the Treaty, to apply a charge on transactions, should be maintained. (3) The new Statutes of the Agency should be adapted to the situation of an enlarged European Union. In particular, the size of the Agency’s Advisory Committee should be changed in order to improve its operation and efficiency, HAS DECIDED AS FOLLOWS: Article 1 The Statutes of the Euratom Supply Agency, as set out in the Annex, shall be adopted. Article 2 The Statutes of the Euratom Supply Agency of 6 November 1958 shall be repealed. Article 3 This Decision shall take effect on the 20th day following its publication in the Official Journal of the European Union. Done at Brussels, 12 February 2008. For the Council The President A. BAJUK (1) Opinion of 13 November 2007 (not yet published in the Official Journal). (2) OJ 27, 6.12.1958, p. 534. (3) OJ L 248, 16.9.2002, p. 1. Regulation as last amended by Regulation (EC) No 1525/2007 (OJ L 343, 27.12.2007, p. 9). ANNEX STATUTES OF THE EURATOM SUPPLY AGENCY CHAPTER 1 INTERNAL STRUCTURE AND FUNCTIONING Article 1 Objectives and tasks 1. The aim of the Euratom Supply Agency (hereinafter referred to as the Agency) shall be to perform the tasks entrusted to it by Title II, Chapter 6 of the Treaty, in accordance with the objectives of the Treaty. To this end, the Agency shall, inter alia: — provide the Community with expertise, information and advice on any subjects connected with the operation of the market in nuclear materials and services, — play a market-monitoring role by monitoring and identifying market trends that could affect security of the European Union’s supply of nuclear materials and services, — seek the advice of, be supported by and act in close cooperation with the Advisory Committee established in accordance with Article 11 (hereinafter referred to as the Committee). 2. The Agency may also build up a stock of nuclear materials, in accordance with the Articles 62 and 72 of the Treaty. Article 2 Legal status and seat 1. The Agency has legal personality according to Article 54 of the Treaty. The Agency shall carry on its activities exclusively in the general interest. It shall operate on a non-profit making basis. 2. The Protocol on the Privileges and Immunities of the European Communities shall apply to the Agency, its Director General and to its staff. 3. The Agency shall have its seat in Luxembourg. 4. It may on its own initiative take any further measures concerning its own internal organisation which may be required for the carrying out of its tasks both within and outside the Community. 5. In each of the Member States, the Agency shall enjoy the most extensive legal capacity accorded to legal persons under their laws. It may in particular, acquire or dispose of movable and immovable property and may be a party to legal proceedings. Article 3 Duties and powers of the Director General 1. The Director General shall be appointed by the Commission. 2. The Director General shall represent the Agency. He may delegate his powers to other persons. The rules for delegating his powers shall be fixed in internal Agency documents. 3. The Director General shall be responsible: — for ensuring performance of the Agency’s tasks referred to in Article 1, — for exercising the Agency’s exclusive right to conclude supply contracts for nuclear materials and its right of option, — for the day-to-day administration and management of all the Agency resources, — for keeping the Committee regularly informed and consulting it on any matters under the Committee’s competence in accordance with Article 13(3), — for the preparation of the draft statement of estimates of the Agency’s revenue and expenditure, and execution of its budget, — for conducting any study and producing any specific report deemed necessary in accordance with Article 1(1), in close cooperation with the Committee, and sending such studies and reports to the European Parliament, the Council and the Commission. 4. Each year the Director General shall submit to the European Parliament, the Council and the Commission a report covering the activities of the Agency in the previous year and a work programme for the coming year, after obtaining the opinion of the Committee. Article 4 Director General and staff 1. The Director General and the staff of the Agency shall be or become officials of the European Communities governed by Staff Regulations of officials and the Conditions of employment of other servants of the European Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 of the Council (1) and by the rules adopted jointly by the institutions of the European Communities for the purposes of the application of those Staff Regulations. The officials shall be appointed by and their salaries shall be paid by the Commission. 2. The Director General and the staff of the Agency shall have security clearance in accordance with Article 194 of the Treaty in respect of any facts, information, knowledge, documents or objects subject to a system of security grading which come into their possession or are communicated to them. Article 5 Supervision by the Commission 1. The Agency shall be under the supervision of the Commission, which may issue directives to it and have a right of veto over its decisions. 2. The right of veto shall lapse after a period of 10 working days following a decision of the Agency, unless during that period reservation is made by the Commission or its representative. The Commission or its representative may waive the right to make such reservation before the expiry of that period. 3. Where reservation is made by the Commission or its representative within the period prescribed in paragraph 2, the Commission shall adopt a definitive position not more than ten working days from the date on which the reservation was made. 4. The provisions of this Article shall in no way prevent Article 53 of the Treaty from being applied. 5. Any act or failure to act of the Agency referred to in Article 53 of the Treaty may be referred to the Commission by the party concerned within fifteen working days of notification being received, or, failing such notification, within fifteen working days following publication. Failing notification and publication, the period shall run from the day on which the party concerned learns of the act. CHAPTER 2 FINANCIAL PROVISIONS Article 6 Financial organisation 1. The Agency shall have financial autonomy. It shall operate according to commercial rules in the area of competence of the Agency. 2. The Agency shall at all times be entitled to transfer the assets which it holds in euro into another currency in order to carry out financial or commercial operations which accord with its aims as defined by the Treaty and are consistent with these Statutes. The Agency shall, as far as possible, avoid making such transfers if it has cash or liquid assets in the currency required. The Agency may carry out financial operations in connection with meeting its objectives with funds which it does not immediately require for the purposes of meeting its obligations. 3. The Agency is empowered to contract, on behalf of the European Atomic Energy Community and within the limits fixed by the Council, borrowings, the proceeds of which will be allocated for carrying out its tasks. 4. Obligations entered into by the Agency pursuant to these Statutes are guaranteed by the European Atomic Energy Community. Article 7 Revenue and expenditure 1. Estimates of all the revenue and expenditure of the Agency shall be prepared for each financial year and shall be shown in the budget of the Agency. The financial year shall correspond to the calendar year. 2. The revenue and expenditure shown in the budget shall be in balance. 3. The Agency’s revenue shall consist of a contribution from the Community, bank interest and income from its capital and bank investments, and, if necessary, a charge as foreseen in Article 54 of the Treaty and borrowings. 4. The expenditure of the Agency shall consist of administrative expenses of its staff and of the Committee, as well as expenses resulting from contracts entered into with third parties. 5. Each year the Director General shall produce an estimate of revenue and expenditure for the Agency for the following financial year. This estimate, which shall include a draft establishment plan, shall be forwarded to the Commission by 31 March after obtaining the opinion of the Committee. 6. On the basis of the estimate, the Commission shall enter in the preliminary draft general budget of the European Union the estimates it deems necessary for the establishment plan and the amount of the subsidy to be charged to the general budget. 7. In the framework of the budgetary procedure, the budget authority shall authorise the appropriations for the subsidy to the Agency and shall adopt the establishment plan for the Agency, which shall appear separately in the establishment plan of the Commission. 8. The budget shall be adopted by the Commission. It shall become final following final adoption of the general budget of the European Union. Where appropriate, it shall be adjusted accordingly. The Agency’s budget shall be published on its website. 9. Any modification of the establishment plan and of the budget of the Agency shall be the subject of an amending budget adopted by the same procedure as the initial budget. Modifications of the establishment plan are submitted to the budget authority. The amending budgets are forwarded for information to the European Parliament and the Council. Article 8 Budget execution, financial control and financial rules 1. The Director General shall implement the budget of the Agency. 2. Following each financial year the Agency’s accounting officer shall submit the Agency’s provisional accounts: (a) by 1 March to the Accountant of the Commission, for consolidation purposes, and (b) by 31 March following each financial year to the Court of Auditors. 3. On receipt of the Court of Auditors’ observations on the Agency’s provisional accounts, the Director General shall draw up the Agency’s final accounts under his own responsibility and submit them to the Committee for an opinion. 4. The Committee shall deliver an opinion on the Agency’s final accounts. 5. The Director General shall, by 1 July following each financial year, forward the final accounts to the European Parliament, the Council, the Commission and the Court of Auditors, together with the Committee’s opinion. 6. The final accounts shall be published on the Agency’s website. 7. The Director General shall send the Court of Auditors a reply to its observations by 30 September. 8. The Director General shall submit to the European Parliament, at the latter’s request, any information necessary for the smooth application of the discharge procedure for the financial year in question. 9. The European Parliament, on a recommendation from the Council acting by a qualified majority, shall, before 30 April of year N + 2, give a discharge to the Director General in respect of the implementation of the budget for year N. 10. When needed, a specific financial regulation applicable to the Agency shall be adopted in accordance to Article 183 of the Treaty. Article 9 Capital 1. The capital of the Agency shall be EUR 5 824 000. 2. The capital shall be subscribed as follows: Belgium EUR 192 000 Bulgaria EUR 96 000 Czech Republic EUR 192 000 Denmark EUR 96 000 Germany EUR 672 000 Estonia EUR 32 000 Ireland EUR 32 000 Greece EUR 192 000 Spain EUR 416 000 France EUR 672 000 Italy EUR 672 000 Cyprus EUR 32 000 Latvia EUR 32 000 Lithuania EUR 32 000 Luxembourg EUR — Hungary EUR 192 000 Malta EUR — Netherlands EUR 192 000 Austria EUR 96 000 Poland EUR 416 000 Portugal EUR 192 000 Romania EUR 288 000 Slovenia EUR 32 000 Slovakia EUR 96 000 Finland EUR 96 000 Sweden EUR 192 000 United Kingdom EUR 672 000 3. An instalment of 10 % of the capital shall be paid at the time of a Member State’s accession to the Community. In addition, further instalments of the capital may be called up by decision of the Council acting by a qualified majority on a proposal from the Commission. The amount of the instalment called up shall be paid to the Agency within thirty days following that decision. 4. Participation in the capital shall not confer any entitlement to dividend or interest. It shall carry the right to repayment of the nominal amount of the instalments of the paid up capital in the sole event of the Agency being wound up. 5. All payments shall be made in euro. Article 10 Charges The Agency may, in accordance with Article 54 of the Treaty, levy a charge on transactions in which the Agency takes part by exercising its right of option or its exclusive right to conclude supply contracts. The proceeds of such a charge shall be used solely to defray its operating expenses. The provisions concerning this charge shall be detailed in an implementing decision. The rate of charge and the methods whereby it is to be assessed and collected shall, after consultation with the Council, be fixed by the Commission acting on a proposal from the Director General, who shall obtain beforehand the opinion of the Committee. CHAPTER 3 ADVISORY COMMITTEE Article 11 Composition of the Committee 1. The Committee shall be composed of members from the Member States as set out in the table below. However a Member State may choose not to participate in it. If a member resigns or is unable to perform his/her duties, a successor shall be appointed for the remainder of the term of office. Belgium 2 members Bulgaria 2 members Czech Republic 2 members Denmark 1 member Germany 4 members Estonia 1 member Ireland 1 member Greece 2 members Spain 3 members France 4 members Italy 4 members Cyprus 1 member Latvia 1 member Lithuania 2 members Luxembourg — Hungary 2 members Malta — Netherlands 2 members Austria 2 members Poland 3 members Portugal 2 members Romania 3 members Slovenia 2 members Slovakia 2 members Finland 2 members Sweden 2 members United Kingdom 4 members. 2. As well as taking into account Member States’ participation in the Agency’s capital, the allocation of places on the Committee should reflect Member States’ relevant experience, expertise and/or activities in fields such as trade in nuclear materials and services of the nuclear fuel cycle or nuclear power generation. 3. Committee members shall be appointed by their respective Member States on the basis of their degree of relevant experience and expertise in the fields of trade in nuclear materials and services of the nuclear fuel cycle or nuclear power generation or in regulatory matters related to nuclear trade. The duration of the term of office shall be three years. The term of office may be renewed. Article 12 Chairmanship of the Committee 1. The Committee shall nominate a Chairperson and two Vice-Chairpersons from the members of the Committee. These executive officers shall represent the experience of the Committee and different sides of the industry, both producers and users. The most senior of the two Vice-Chairpersons takes the place of the Chairperson if he/she is unable to fulfil his/her duties. 2. The terms of office of the Chairperson and the Vice-Chairpersons shall be three years. Their term of office may be renewed once, and the chairmanship should alternate among the members of the Committee, representing their different experience from the industry and the administration. The mandate of the Chairperson or any Vice-Chairperson shall automatically terminate, if his/her term of office as member of the Committee expires without renewal. Article 13 Terms of reference of the Committee 1. The Committee shall assist the Agency in carrying out its tasks by giving opinions and providing analyses and information. That assistance shall also extend to the preparation of the reports, surveys and analyses that may have to be prepared pursuant to Article 1(1) under the responsibility of the Director General as referred to in Article 3(3). It shall act as a link between the Agency and both producers and users in the nuclear industry. 2. The Committee may be consulted upon all matters within the competence of the Agency in verbal form at its meetings or written form in between such meetings. The Committee may also issue opinions upon any such matters on the initiative of at least one third of its members. 3. The Committee shall be consulted and convened before any decision is taken by the Director General concerning the following matters: (a) the rules to be followed for balancing supply and demand (Article 60, sixth subparagraph of the Treaty); (b) the capital of the Agency; its increase or decrease or further capital subscription (Article 54, fourth subparagraph of the Treaty); (c) the borrowings referred to in Article 6; (d) the application of a charge on transactions, designed to defray the operating expenses of the Agency (Article 54, fifth subparagraph of the Treaty); (e) the conditions applicable to the building up and withdrawal of commercial stocks by the Agency (Article 72, first subparagraph of the Treaty); (f) the financial matters mentioned in Article 8, including the financial regulation for the Agency and the preparation of the Agency’s special account as provided for in Article 171(2) of the Treaty; (g) the annual report, including market analysis and work programme for the following year; (h) the criteria establishing practices prohibited by Article 68 of the Treaty; (i) the dissolution of the Agency. 4. The Director General may, if necessary, fix a time limit for the Committee to submit its opinion. This time limit shall not be less than a month from the date on which the communication for this purpose is sent to the members of the Committee. 5. If the opinion of the Committee cannot be obtained within this period, the Director General may take the decision. 6. The decisions which are within the competence of the Director General and relate to matters specified in this Article shall not be taken before ten working days have elapsed since the opinion of the Committee was given, if those decisions are at variance with that opinion. 7. The Committee shall adopt its rules of procedure for all matters that are not provided for by the present Statutes. Article 14 Meetings of the Committee 1. The Committee shall be convened: (a) when considered necessary by the executive officers and normally twice every year; (b) at the request of the Director General, in particular whenever consultation of the Committee is compulsory pursuant to Article 13(3), and; (c) at the request in writing of not less than one third of the members of the Committee, specifying the items to be placed on the agenda. The agenda shall be prepared by the Agency in cooperation with the Chairperson for approval by the Committee. The Agency shall send documents relating to the agenda to all the Committee members at least fifteen working days before the date of the meeting. 2. Meetings of the Committee require a quorum of the majority of its members. Opinions may be given if approved by a majority of the members present or represented. 3. Each member of the Committee shall have one vote. If a member is unable to attend, the member may designate in writing any other member to vote on his/her behalf. 4. The Director General or a person designated to represent him/her shall attend meetings of the Committee but shall not have the right to vote. Other persons who are not staff of the Agency may participate in the meeting only with the consent of all members present and subject to the obligation under paragraph 5. 5. The members of the Committee shall be bound to secrecy in accordance with Article 194 of the Treaty in respect of all facts, information, knowledge or documents subject to a security grading which come into their possession or are communicated to them in their capacity as members of the Committee. 6. The Director General shall provide the Committee with an appropriate secretariat, whose appointment shall be subject to the Commission’s approval. The secretariat shall keep the minutes of meetings of the Committee, any subcommittees and the executive officers. The Committee’s operating expenses shall be borne by the Agency. 7. Travel expenses of one Committee member from each Member State shall be reimbursed by the Agency. (1) OJ L 56, 4.3.1968, p. 1. Regulation as last amended by Regulation (EC, Euratom) No 1558/2007 (OJ L 340, 22.12.2007, p. 1).

Summary: Revised Statutes for the Euratom Supply Agency Revised Statutes for the Euratom Supply Agency SUMMARY OF: Decision 2008/114/EC, Euratom establishing Statutes for the Euratom Supply Agency Article 52 of the European Atomic Energy Community (Euratom) Treaty WHAT IS THE AIM OF THIS DECISION? It establishes Statutes for the Euratom Supply Agency (ESA), which was directly established by the Euratom Treaty of 1957, to take account of the increase in the number of EU countries as well as to modernise the Agency’s financial rules and establish its headquarters in Luxembourg. Article 52 of the European Atomic Energy Community (Euratom) Treaty, which seeks to guarantee, by means of a common supply policy, a regular and equitable supply of nuclear materials to users in the EU countries, is the legal basis of ESA. KEY POINTS ESA is the body in the EU responsible for the management of supply and demand of: mineral ores; source materials (natural uranium, for example); special fissile materials (enriched uranium and plutonium, for example). ESA has the exclusive right to ‘conclude’ (i.e. countersign) contracts relating to the supply of nuclear materials, as above, coming from both inside and outside the EU. It has also, under the Euratom Treaty, a right of option to acquire nuclear materials. ESA has legal personality (i.e. it is an independent entity in its own right). Objectives and tasks ESA: receives all contracts relating to the supply of nuclear materials within the EU; following assessment, ESA’s Director-General decides whether, or not, to grant the Agency’s countersignature, which is a necessary condition for their validity; is notified of all contracts relating to services provided in the nuclear sector. In addition, ESA: provides the EU with expertise, information and advice on the nuclear materials and services market; monitors the nuclear market and identifies market trends that could affect the security of the EU’s supply of nuclear materials and services; publishes annually a report of its activities in the previous year as well as its work programme for the coming year, which are both submitted to the European Parliament, the Council and the European Commission; works in close cooperation with its Advisory Committee. The ESA may also build up its own stock of nuclear materials. It is supervised by the Commission, which has the right to issue directives (i.e. instructions) to it and veto its decisions. Legal status and HQ ESA: is non-profit making; is based in Luxembourg; may on its own initiative take any further measures concerning its own internal organisation to carry out its tasks within and outside the EU; operates under the most extensive legal capacity available under each EU country’s laws and may, in particular, acquire or dispose of property and be a party to legal proceedings. Director-General and staff The ESA’s Director-General is responsible for: ensuring the performance of the Agency’s tasks; exercising the ESA’s exclusive right to conclude supply contracts for nuclear materials and its right of option; day-to-day administration and management of the Agency’s resources; keeping the Agency’s Advisory Committee regularly informed and consulting it on relevant matters; preparing draft estimates of ESA revenue and expenditure, and execution of its budget; conducting studies and producing reports (including an annual report) in cooperation with the Committee and their transmission to the European Parliament, the Council or the Commission. The Director-General and ESA staff are European Commission officials and are subject to security clearance. Finance ESA is: financially autonomous; is directly governed by the financial rules which apply to the EU’s general budget (currently, Regulation (EU, Euratom) 2018/1046). The Agency’s revenue consists nowadays, exclusively of a contribution from the EU. ESA’s budget is adopted by the Commission and becomes final following the definitive adoption of the general budget of the EU. Following Croatia's accession to the EU, ESA’s capital is set at €5,856,000, subscribed by individual EU countries. Luxembourg and Malta do not take part. Advisory Committee EU countries (with the exception of Luxembourg and Malta) each select between 1 and 4 representatives to the Advisory Committee, in line with the Agency’s Statutes. The Committee members are appointed on the basis of their experience and expertise in nuclear materials trading or nuclear power generation or regulation. The Committee is normally convened by ESA’s Director-General twice a year. It has to be consulted before important decisions (on matters listed in ESA’s Statutes) are adopted by the Agency’s Director-General. The Committee assists ESA by giving opinions and providing analyses and information. FROM WHEN DOES THIS DECISION APPLY? It has applied since March 2008 and, in its revised version following the accession of Croatia, since 1 July 2013. BACKGROUND For more information, see: Euratom (European Commission) Euratom Supply Agency (European Commission). MAIN DOCUMENTS Council Decision 2008/114/EC, Euratom of 12 February 2008 establishing Statutes for the Euratom Supply Agency (OJ L 41, 15.2.2008, pp. 15-20) Successive amendments to Decision 2008/114/EC, Euratom have been incorporated in the original text. This consolidated version is of documentary value only. Consolidated version of the Treaty establishing the European Atomic Energy Community — Title II — Provisions for the encouragement of progress in the field of nuclear energy — Chapter 6 — Supplies — Article 52 (OJ C 203, 7.6.2016, p. 24) RELATED DOCUMENTS Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, pp. 1-222) last update 11.09.2018