Legal provisions of COM(2012)760 - RECOMMENDATION FROM THE COMMISSION TO THE COUNCIL on the renewal of the Agreement between Euratom (Euratom) and the Korean Peninsula Energy Development Organisation (KEDO) - Main contents
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| dossier | COM(2012)760 - RECOMMENDATION FROM THE COMMISSION TO THE COUNCIL on the renewal of the Agreement between Euratom (Euratom) and the Korean ... |
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| document | COM(2012)760  |
| date | December 17, 2012 |
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52012DC0760
RECOMMENDATION FROM THE COMMISSION TO THE COUNCIL on the renewal of the Agreement between the European Atomic Energy Community (Euratom) and the Korean Peninsula Energy Development Organisation (KEDO) /* COM/2012/0760 final */
RECOMMENDATION FROM THE COMMISSION TO THE COUNCIL
on the renewal of the Agreement between the European Atomic Energy Community (Euratom) and the Korean Peninsula Energy Development Organisation (KEDO)
1. Introduction
The Euratom Community has been a full member of the Korean Peninsula Energy Organisation (KEDO) since 1997. The main objective of KEDO was the provision of two nuclear light water reactors to the DPRK (Democratic People's Republic of Korea - North Korea), as part of international non-proliferation efforts on the Korean Peninsula. As a result of the DPRK’s failure to implement its non-proliferation obligations, the operative activities of KEDO were terminated and the 12 year old secretariat closed on 31 May 2007. In spite of this KEDO's Executive Board decided not to terminate the organisation immediately, but to maintain it in the form of an empty shell (as a pure skeleton, with a secretariat employed on a temporary basis) in order to allow it to defend its financial and legal interest and those of its four members represented in the Executive Board (Euratom, Japan, South Korea and the USA).
Initially it was estimated that a final settlement of these legal and financial issues could be achieved by 31 May 2012. Therefore the Community’s membership was to last until that date under the latest Euratom-KEDO Agreement. However since KEDO needs more time to finalise its outstanding issues, continued protection of the Community interests requires conclusion of a new Agreement between Euratom and KEDO. To that end, the Commission submitted to the Council on 22 March 2012 a Recommendation for a Council Decision authorising the Commission to negotiate the renewal of the Euratom-KEDO Agreement. The Council issued the negotiating directives on 2 May 2012.
2. Negotiations
On the basis of the text proposed by the Commission services, following the Council's negotiating directives, an ad referendum agreement has now been reached with KEDO on the attached text for renewal of the Agreement between the European Atomic Energy Community (Euratom) and the Korean Peninsula Energy Development Organisation (KEDO). In the opinion of the Commission services, this text includes all the negotiating directives.
3. Conclusion
The Commission considers that the renewal of the Agreement between the European Atomic Energy Community (Euratom) and the Korean Peninsula Energy Development Organisation (KEDO), the adoption of which is proposed, is in conformity with the negotiating directives issued by the Council on 2 May 2012.
The Commission therefore recommends to the Council to approve, pursuant to the second paragraph of Article 101 of the Treaty establishing the European Atomic Energy Community, the renewal of the Agreement between the European Atomic Energy Community (Euratom) and the Korean Peninsula Energy Development Organisation (KEDO) in Annex.
ANNEX
AGREEMENT BETWEEN THE EUROPEAN ATOMIC ENERGY COMMUNITY AND THE KOREAN PENINSULA ENERGY DEVELOPMENT ORGANISATION
THE EUROPEAN ATOMIC ENERGY COMMUNITY,
Hereinafter referred to as 'the Community', and
THE KOREAN PENINSULA ENERGY DEVELOPMENT ORGANISATION,
Hereinafter referred to as 'KEDO',
Whereas:
(1) KEDO was established pursuant to the Agreement of 9 March 1995 on the Establishment of the Korean Peninsula Energy Development Organisation, as amended on 19 September 1997, between the Governments of the Republic of Korea, Japan and the United States of America;
(2) The fifth Agreement concluded between the Community and KEDO expired on 31 May 2012;
(3) After its decision to terminate KEDO's nuclear light water reactor project and the 2007 decision to fulfil the responsibilities of the Secretariat with a greatly reduced staff and minimal office facilities, KEDO's Executive Board decided in 2011 to continue KEDO beyond 31 may 2012;
(4) Both the Community and KEDO have expressed the wish to continue their cooperation with the objective of implementing the termination of the LWR project and an orderly winding up of KEDO;
HAVE AGREED AS FOLLOWS: