Explanatory Memorandum to COM(2013)607 - Amendment of Decision 2007/198/Euratom establishing the European Joint Undertaking for ITER and the Development of Fusion Energy

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1. CONTEXT OF THE PROPOSAL

This Council Decision amends the Council Decision (2007/198/Euratom) of 27 March 2007 establishing the European Joint Undertaking for ITER and the Development of Fusion Energy and conferring advantages upon it to provide the basis for the financing of the activities of this Joint Undertaking (hereinafter 'Fusion for Energy') for the period 2014-2020 under the Euratom Treaty.

The Fusion for Energy cost estimates for the construction phase (cost for Europe only), covering the period 2007-2020, amounted in March 2010 to EUR 7.2 billion (in 2008 value). In July 2010 the Council capped the European contribution to that phase to EUR 6.6 billion (in 2008 value). In February 2013, the European Council set up the maximum level of the Euratom commitments for ITER in the Multiannual Financial Framework Regulation for the period 2014-2020 at EUR 2.707 million (in 2011 value).

Under the Seventh Framework Programme the Euratom contribution was made available through the Community research and training programme adopted pursuant to Article 7 of the Euratom Treaty. This financing modality required to comply with a series of requirements in terms of participation, rules, planning, monitoring and evaluation which are specific to research programmes. These requirements are now redundant given the competencies and role assigned to Fusion for Energy in its Statutes.

Differently from what was done under the Seventh Framework Programme, this proposal is not designed as a research programme under Article 7 of the Euratom Treaty. It is instead based on Article 47 and refers to the participation of Euratom in the financing of the Joint Undertaking.

This amendment would serve the purpose of ensuring the transfer of funds from the Commission to Fusion for Energy for the European contribution to ITER without the aforementioned requirements specific to research programmes. This, however, does not prevent, in particular in case of additional costs, voluntary contributions from Members of the Joint Undertaking other than Euratom as provided for in Article 12(1)(c) of the Statutes of that Undertaking.

This amendment allows securing the financing of the project for the next Multiannual Financial Framework. The transfer of funds will have the advantage not to be limited anymore to the five years foreseen by Article 7 of the Euratom Treaty for research and training programmes. It will be aligned with the period covered by the Multiannual Financial Framework and run for seven years. According to the ITER Agreement, the ITER project will have an initial duration of 35 years (i.e. until 2041); thus, subsequent Council decisions will be needed to continue to fund the Euratom contribution to this project.

Activities to be funded by this Decision are supporting the implementation of the roadmap towards the production of electricity from fusion by 2050, adopted by members of the European Fusion Development Agreement (EFDA) in November 2012. As such, this Decision will allow synergies and complementarities with fusion research activities funded under Council Regulation XXX [the Euratom Research and Training Programme].

1.

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS



This proposal takes full account of the responses to an extensive public consultation based on the Green Paper From Challenges to Opportunities: Towards a Common Strategic Framework for EU research and innovation funding, within the preparation of the Euratom Research and Training Programme (2014-2018) contributing to the 'Horizon 2020' Framework programme for Research and Innovation.

ITER was included in this consultation and in the internal and external evaluations for the drafting of the impact assessment. This impact assessment concluded that the benefits of ITER, which balance scientific, technical and financial risks, are, in the long term, the commercial exploitation of fusion energy and, in the near term, the competitiveness benefits to industry.

On the basis of the decision adopted by the European Council on 8 February 2013, this proposal will provide continuity for the project, in particular vis-à-vis our international partners and secure the ITER funding for the whole duration of the next MFF.

2.

LEGAL ELEMENTS OF THE PROPOSAL



The legal basis for this Council Decision is provided for by Article 47 of the Euratom Treaty. This Decision shall constitute the basic act for the period covered by the next Multiannual Financial Framework and will be the basis for the adoption of the yearly financing decisions by the Commission. The Commission decisions will allow the transfer of funds to Fusion for Energy during the period 2014-2020. This proposal will replace the proposal for a Council Decision on the adoption of a Supplementary Research Programme for the ITER project (2014-2018) adopted by the Commission on 21 December 2011.

There is an ongoing process to amend the Statutes of Fusion for Energy, in particular to grant Croatia voting rights after its accession to Euratom on 1st July 2013. An amendment to Article 12.1 (a) will also be introduced to extend the possibilities of financing through the general budget of the European Union.

3.

BUDGETARY IMPLICATION



The legislative financial statement attached to this proposal for a Council Decision sets out the budgetary implications and the human and administrative resources needed for its implementation.