COUNCIL DECISION of 16 November 1992 extending the status of Kernkraftwerk Lingen GmbH as a joint undertaking (92/547/Euratom)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 49 thereof,
Having regard to the proposal from the Commission,
Whereas the Council, by Decision 64/64/Euratom(1) , established Kernkraftwerk Lingen GmbH as a joint undertaking within the meaning of the Treaty for a period of 25 years;
Whereas Decision 64/64/Euratom expired on 20 November 1989;
Whereas the objects of Kernkraftwerk Lingen GmbH, as established by the said Decision, were to construct, equip and operate a nuclear power station with a capacity of the order of 250 MWe at Darme, Kreis Lingen, Land Lower Saxony, Germany;
Whereas, on 24 August 1981, Kernfraftwerk Lingen GmbH decided on technical and economic grounds to decommission the nuclear power station which has been shut down since Januar 1977;
Whereas Kernkraftwerk Lingen Gmbh, having put into effect a decommissioning procedure up to the safe-enclosure stage, is proposing to implement a monitoring and study programme concerning the behaviour of decommissioned installations over the period for which nuclear installations have to be kept within a safe enclosure;
Whereas, in order to put this programme in hand, Kernkraftwerk Lingen GmbH requested on 4 July 1989 that its status as a joint undertaking be extended for a period of 10 years;
Whereas the experience acquired under the programme of Kernraftwerk Lingen GmbH will be of great use to nuclear power-station operators and will assume special importance in the development of an optimum strategy for the decommissioning of nuclear power stations and hence in the development of nuclear energy in general;
Whereas maintaining its status as a joint undertaking will enable Kernkraftwerk Lingen GmbH to implement the proposed programme, in particular by lightening its financial burden;
Whereas the request for an extension should be granted,
HAS ADOPTED THIS DECISION:
Article 1
The status of Kernkraftwerk Lingen GmbH as a joint undertaking within the meaning of the Treaty is hereby extended for a period of ten years from 20 November 1989.
The object of Kernkraftwerk Lingen GmbH, its status as a joint undertaking having been extended by this Decision, shall be to implement a monitoring and study programme concerning the behaviour of the decommissioned nuclear power station at Lingen, Land Lower Saxony, Germany over the period for which nuclear installations have to be kept within a safe enclosure.
Artikel 2 The statutes of Kernkraftwerk Lingen GmbH appended to this Decision are hereby approved.
Article 3
If the advantages conferred on Kernkraftwerk Lingen GmbH by a special Council Decision pursuant to Annex III to the Treaty are completely withdrawn before the expiry of the period referred to in Article 1, the Council shall at the same time withdraw the status of Joint Undertaking from Kernkraftwerk Lingen GmbH.
Article 4
This Decision is addressed to the Member States and to Kernkraftwerk Lingen GmbH.
Done at Brussels, 16 November 1992.