Explanatory Memorandum to COM(2012)221 - Adoption of the 2012-2015 High Flux Reactor supplementary research programme to be implemented by the Joint Research Centre for Euratom

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1. CONTEXT OF THE PROPOSAL

The operation of the Community's High Flux Reactor (HFR) has been supported by a series of supplementary research programmes. On 25 May 2009, the Council adopted a three-year (2009-2011) supplementary research programme (Council Decision 2009/410/Euratom - OJ L132/15, 29.5.2009) to be implemented by the Joint Research Centre (JRC) for the European Atomic Energy Community concerning the operation of the reactor located at the JRC’s Institute for Energy, Petten, The Netherlands.

The contribution for the 2009-2011 supplementary research programme came from three participating Member States, The Netherlands, France and Belgium with a total amount of EUR 35 million in the three year period. This amount included the provisions for the annual contributions to the decommissioning fund of the reactor (it also included the contribution to the decommissioning fund for the year 2008, in which the operation of HFR was not covered by the preceding supplementary programme).

The current supplementary research programme will expire on the 31 December 2011.

The present communication concerns a new four-year programme for the HFR operation (2012-2015).

The HFR is used by the Commission in accordance with the agreement between Euratom and The Netherlands of 25 July 1961. This agreement was signed for a period of 99 years. In order to execute it, the two parties concluded a long lease for 99 years conferring a right in rem ("bail emphytéotique") on 31 October 1962.

HFR plays an important role in the European Union. The main goal of the supplementary research programme of the HFR is to provide a steady and reliable neutron flux for experimental purposes. The investigated domains are: nuclear materials and fuel science with the aim to improve the safety of nuclear reactors (both fission and fusion), investigations on reactor ageing and life management, research on advanced fuel cycles and waste management. The HFR acts also as a training facility hosting doctoral and post-doctoral fellows which perform their research activities through national or European Programmes.

The reactor is also used for the commercial production of radio-isotopes which cover more than 60% of all the 10 million medical diagnoses executed each year in Europe. It is a fundamental supplier for European radiopharmaceutical companies in this field. Moreover, through its location in Europe, the production of the reactor is rapidly directed to the European medical centres. This is essential for the most currently used short-life isotopes.

2. CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT

Among the Member States consulted in view of their research activities in the nuclear field, three Member States (The Netherlands, France and Belgium) agreed to contribute to the financing of the HFR.

1.

LEGAL ELEMENTS OF THE PROPOSAL



The proposal is based on Article 7 of the Euratom Treaty.

2.

BUDGETARY IMPLICATIONS



In its financial statement, this new supplementary programme shows the contribution to come from three participating Member States, namely The Netherlands, France and Belgium. The contributions from these three Member States amount to EUR 31.400 million. These amounts plus the expected level of commercial income ensure a sufficient operational budget in order to balance the forecasted costs of the reactor on the period 2012-2015. It should be noted that the budget includes provisions for the decommissioning of the reactor, as well as costs linked to, utilities, insurances and spent fuel management:

The Commission confirms the declaration recorded in the minutes of the Council meeting of 27 June 1996, by which it stated that 'the HFR can contribute, on the basis of adequate financing, to the execution of Community programmes, whether or not in the context of the Framework Programmes. This participation will take place either on a competitive basis or by means of irradiation services to JRC Institutes during the implementation of their respective activities'. This means that the Commission will not contribute to the operational cost of the HFR with funds from its institutional budget, including any cost for maintenance or repair of the reactor.

5. ADDITIONAL INFORMATION

Non applicable