Revised Statutes for the Euratom Supply Agency



Decision 2008/114/EC, Euratom establishing Statutes for the Euratom Supply Agency

Article 52 of the European Atomic Energy Community (Euratom) Treaty


It establishes Statutes for the Euratom Supply Agency (ESA), which was directly established by the Euratom Treaty of 1957, to take account of the increase in the number of EU countries as well as to modernise the Agency’s financial rules and establish its headquarters in Luxembourg.

Article 52 of the European Atomic Energy Community (Euratom) Treaty, which seeks to guarantee, by means of a common supply policy, a regular and equitable supply of nuclear materials to users in the EU countries, is the legal basis of ESA.


ESA is the body in the EU responsible for the management of supply and demand of:

ESA has the exclusive right to ‘conclude’ (i.e. countersign) contracts relating to the supply of nuclear materials, as above, coming from both inside and outside the EU. It has also, under the Euratom Treaty, a right of option to acquire nuclear materials.

ESA has legal personality (i.e. it is an independent entity in its own right).

Objectives and tasks


In addition, ESA:

The ESA may also build up its own stock of nuclear materials. It is supervised by the Commission, which has the right to issue directives (i.e. instructions) to it and veto its decisions.

Legal status and HQ


Director-General and staff

The ESA’s Director-General is responsible for:

The Director-General and ESA staff are European Commission officials and are subject to security clearance.


ESA is:

The Agency’s revenue consists nowadays, exclusively of a contribution from the EU.

ESA’s budget is adopted by the Commission and becomes final following the definitive adoption of the general budget of the EU.

Following Croatia's accession to the EU, ESA’s capital is set at €5,856,000, subscribed by individual EU countries. Luxembourg and Malta do not take part.

Advisory Committee

EU countries (with the exception of Luxembourg and Malta) each select between 1 and 4 representatives to the Advisory Committee, in line with the Agency’s Statutes. The Committee members are appointed on the basis of their experience and expertise in nuclear materials trading or nuclear power generation or regulation.

The Committee is normally convened by ESA’s Director-General twice a year. It has to be consulted before important decisions (on matters listed in ESA’s Statutes) are adopted by the Agency’s Director-General.

The Committee assists ESA by giving opinions and providing analyses and information.


It has applied since March 2008 and, in its revised version following the accession of Croatia, since 1 July 2013.


For more information, see:


Council Decision 2008/114/EC, Euratom of 12 February 2008 establishing Statutes for the Euratom Supply Agency (OJ L 41, 15.2.2008, pp. 15-20)

Successive amendments to Decision 2008/114/EC, Euratom have been incorporated in the original text. This consolidated version is of documentary value only.

Consolidated version of the Treaty establishing the European Atomic Energy Community — Title II — Provisions for the encouragement of progress in the field of nuclear energy — Chapter 6 — Supplies — Article 52 (OJ C 203, 7.6.2016, p. 24)


Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, pp. 1-222)

last update 11.09.2018