Commission Decision

of 19 December 2007

concerning the accession of the European Atomic Energy Community to the Convention on the Physical Protection of Nuclear Material and Nuclear Facilities

(2008/99/EC, Euratom)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Atomic Energy Community and in particular the second paragraph of Article 101 thereof,

Having regard to Council Decision 2007/513/Euratom of 10 July 2007 approving the accession of the European Atomic Energy Community to the amended Convention on the Physical Protection of Nuclear Material and Nuclear Facilities [1],

Whereas:

(1) Article 2(e) of the Treaty establishing the European Atomic Energy Community (Euratom Treaty) states that the European Atomic Energy Community (the Community) shall make certain, by appropriate supervision, that nuclear materials are not diverted to purpose other than those for which they are intended.

(2) The Convention on the Physical Protection of Nuclear Material (CPPNM) was adopted in 1979 and entered into force in 1987. 128 States and the Community are parties to the CPPNM [2]. All the Member States are Parties to the CPPNM.

(3) The Court of Justice of the European Communities (Court of Justice) [3] decided that the participation of the Member States in the CPPNM is compatible with the provisions of the Euratom Treaty only subject to the conditions that, insofar as its own powers and jurisdiction are concerned, the Community as such is a party to the CPPNM on the same lines as the Member States and that certain commitments of the CPPNM can only be implemented, where the Community is concerned, by means of close association between the Community and the Member States, both in negotiation and conclusion process and in fulfilment of the commitments assumed,

HAS DECIDED AS FOLLOWS:

Article 1

Accession to the Convention on the Physical Protection of Nuclear Material and Nuclear Facilities is hereby approved on behalf of the European Atomic Energy Community.

The text of the Convention on the Physical Protection of Nuclear Material and Nuclear Facilities (Annex 1) and the declaration by the European Atomic Energy Community according to Articles 18(4) and 17(3) of that Convention are attached to this Decision (Annex 2).

Article 2

The instrument of accession shall be deposited with the Director General of the International Atomic Energy Agency, depositary of the Convention on the Physical Protection of Nuclear Material and Nuclear Facilities, as soon as possible after the adoption of this Decision in the form of a letter signed by the Head of Delegation of the European Commission to the International Organisations in Vienna.

Article 3

The Member of the European Commission responsible for External Relations shall confirm in a note, as attached to this Decision (Annex 3), the appointment of the Head of Delegation of the European Commission to the International Organisations in Vienna to deposit the declaration attached to the Decision with the Director General of the International Atomic Energy Agency, depositary of the Convention (Full powers), as soon as possible after the adoption of this Decision.

Done at Brussels, 19 December 2007.

For the Commission

Andris Piebalgs

Member of the Commission

[1] OJ L 190, 21.7.2007, p. 12.

[2] Status of 31 May 2007.

[3] Ruling 1/78 of 14 November 1978, ECR 1978, p. 2151, in particular First operative part of the Ruling and paragraph 34.

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