COUNCIL DECISION (Euratom) 2023/2781

of 8 December 2023

approving the conclusion, by the European Commission, of the Agreement between the European Atomic Energy Community (Euratom) and the Korean Peninsula Energy Development Organisation (KEDO)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the recommendation from the European Commission,

Whereas:

(1) The Agreement between the European Atomic Energy Community (Euratom) and Korean Peninsula Energy Development Organisation (KEDO) (‘the Agreement’) should be concluded.

(2) The Agreement should be applied retroactively from 31 May 2021 and should remain in force until 31 May 2024,

HAS ADOPTED THIS DECISION:

Sole article

The conclusion, by the European Commission, of the Agreement between the European Atomic Energy Community (Euratom) and the Korean Peninsula Energy Development Organisation (KEDO) is hereby approved.

The text of the Agreement is attached to this Decision.

Done at Brussels, 8 December 2023.

For the Council

The President

N. CALVIÑO SANTAMARÍA

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:

KEDO was established pursuant to the Agreement of 9 March 1995 on the Establishment of the Korean Peninsula Energy Development Organization, as amended on 19 September 1997, between the Governments of the Republic of Korea, Japan and the United States of America;

The eighth Agreement concluded between the Community and KEDO expired on 31 May 2021;

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 2021 to continue KEDO beyond 31 May 2021;

Both the Community and KEDO have expressed the wish to continue their cooperation with the objective of implementing the termination of the Light Water Reactor project and an orderly winding up of KEDO;

After 31 May 2021, the Agreement was automatically renewed annually. It is therefore necessary to provide for a retroactive application of the Agreement. The Agreement should be in force until 31 May 2024.

HAVE AGREED AS FOLLOWS:

Article 1

Application of the provisions of the previous Agreement

Unless otherwise specified in one of the articles here below, the provisions of the previous Agreement between the Community and KEDO, which expired on 31 May 2021, shall remain applicable under this Agreement.

Article 2

Community contribution

There shall be no financial contribution from the Community to KEDO's budget under this Agreement.

Article 3

Duration

This Agreement shall be in force until 31 May 2024.

Article 4

Entry into force

This Agreement shall enter into force upon signature by the Community and KEDO and shall take effect retroactively 1 June 2021.

Done at Brussels this… day of… 2023, in two originals

For the European Atomic Energy Community

Done at New York this… day of… 2023, in two originals

For the Korean Peninsula Energy Development Organisation

ELI: http://data.europa.eu/eli/dec/2023/2781/oj

ISSN 1977-0677 (electronic edition)