15.2.2008 Official Journal of the European Union L 41/15 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory) DECISIONS COUNCIL COUNCIL DECISION of 12 February 2008 establishing Statutes for the Euratom Supply Agency (2008/114/EC, Euratom) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 54 second sub- paragraph thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament (%), Whereas: (1) Title II, Chapter 6 of the Treaty provides for the creation of the Euratom Supply Agency (hereinafter referred to as the Agency), and sets up its tasks and obligations in guaranteeing a regular and equitable supply of nuclear materials to European Union users. The Statutes of the Agency were adopted on 6 November 1958 (?). Taking into account the increase in the number of the Member States as well as the need to apply modern financial provisions to the Agency and the need to fix its seat, these Statutes should be repealed and replaced. (2)  The new Statutes should contain financial provisions that are in line with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (}). At the same time the new Financial Regulation applicable to the Agency should be adopted in accordance to Article 183 of the Treaty. The capital of the Agency and the possibility, foreseen in the Treaty, to apply a charge on transactions, should be maintained. (!) Opinion of 13 November 2007 (not yet published in the Official Journal). () 0] 27, 6.12.1958, p. 534. (®) OJ L 248, 16.9.2002, p. 1. Regulation as last amended by Regu- lation (EC) No 1525/2007 (O] L 343, 27.12.2007, p. 9). (3)  The new Statutes of the Agency should be adapted to the situation of an enlarged European Union. In particular, the size of the Agency’s Advisory Committee should be changed in order to improve its operation and efficiency, HAS DECIDED AS FOLLOWS: Article 1 The Statutes of the Euratom Supply Agency, as set out in the Annex, shall be adopted. Article 2 The Statutes of the Euratom Supply Agency of 6 November 1958 shall be repealed. Article 3 This Decision shall take effect on the 20th day following its publication in the Official Journal of the European Union. Done at Brussels, 12 February 2008. For the Council The President A. BAJUK