Fördraget om upprättandet av Europeiska atomenergigemenskapen (Euratom, 1957)
TREATY
establishing
THE EUROPEAN ATOMIC ENERGY
COMMUNITY
(EURATOM)
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TREATY
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HIS MAJESTY THE KING OF THE BEIGIANS, THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY, THE PRESIDENT OF THE FRENCH REPUBLIC, THE PRESIDENT OF THE ITALIAN REPUBLIC, HER ROYAL HIGHNESS THE GRAND DUCHESS OF LUXEMBOURG, HER MAJESTY THE QUEEN OF THE NETHERLANDS,
RECOGNISING that nuclear energy represents an essential resource for the development and invigoration of industry and will permit the advancement of the cause of peace, CONVINCED that only a joint effort undertaken without delay can offer the prospect of achievements commensurate with the oreative capacities of their countries, RESOLVED to create the conditions necessary for the development of a powerful nuclear industry which will provide extensive energy resources, lead to the modernisation of techical processes and contribute, through its many other applications, to the prosperity of their peoples, ANXIOUS to create the conditions of safety necessary to eliminate hazaräs to the life and health of the public, DESIRING to associate other countries with their work and to cooperate with international organisations concerned with the peaceful development of atomic energy, HAVE DECIDED to create a European Atomic Energy Community (EURATOM) and to this end have designated as their Plenipotentiaries : HIS MAJESTY THE KING OF THE BELGIANS : Mr Paul-Henri SPAAK, Minister for Foreign Affairs, BARON J, Ch. SNOY et äd'OPPUERS, Secretary-General of the Ministry of Economic Affairs, Head of the Belgian Delegation to the Intergovernmental Conference; THE PRESIDENT OF TEE FEDERAL REPUBLIC OF GERMANY :
Dr. Konrad ADENAUER, Federal Chancellor, Professor Dr, Walter HALLSTEIN, State Secretary of the Federal Foreign Office;
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TUE PRESIDENT OF THE FRENCH REPUBLIC :
Mr, Christian PINEAU, Minister for Foreign Affairs, Mr, Maurice FAURE, Under=-Secretary of State for Foreign Affairs;
IHE PRESIDENT OF THE ITALIAN REPUBLIC :
Mr, Antonio SEGNI, President of the Council of Ministers, Professor Gaetano MARTINO, Minister for Foreign Affairs;
HER ROYAL HIGHNESS THE GRAND DUCHESS OF LUXEMBOURG :
Mr, Joseph BECH, President of the Government, Minister for Foreign Affairs, Mr, Lambert SCHAUS, Ambassador, Head of the Luxembourg Delegation to the Intergovernmental Conference;
HER MAJESTY THE QUEEN OF THE NETHERLANDS :
Mr, Joseph LUNS, Minister for Foreign Affairs, Mr, J, LINTHORST HOMAN, Head of the Netherlands Delegation to the Intergovernmental Conference;
WHO, having exchanged their Full Powers, found in good and due form, have agreed as follows :
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TITLE ONE
THE TASKS OF THE COMMUNITY
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ARTICLE 1
By this Treaty the High Contracting Parties establish among themselves a EUROPEAN ATOMIC ENERGY COMMUNITY (EURATOM).
It shall be the task of the Community to contribute to the raising of the standard of living in the Member States and to the development of relations with the other countries by creating the conditions necessary for the speedy establishment and growth of nuclear industries.:
ARTICLE 2
in order to perform its task, the Community shall, as provided in this Treaty : (a) promote research and ensure the dissemination of technical information; (b) establish uniform safety standards to protect the health of workers and of the general public and ensure that they are applied; (c) facilitate investment and ensure, particularly by encouraging ventures on the part of undertakings, the establishment of the basic installations necessary for the development of nuclear energy in the Community; (4) ensure that all users in the Community receive a regular and equitable supply of ores and nuclear fuels; (e) make certain, by appropriate supervision, that nuclear materials are not diverted to purposes other than those for which they are intended; (f) exercise the right of ownership conferred upon it with respect to special fissile materials; (g) ensure wide commercial outlets and access to the best technical facilities by the creation of a common market in specialised materials and equipment, by the free movement of capital for investment in the field of nuclear energy and by freedom of employment for specialists within the Community;
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(h) establish with other countries and international organisations such relations as will foster progress in the peaceful uses of nuclear energy.
ARTICLE 3 1. The tasks entrusted to the Community shall be carried out by the following institutions : an ASSEMBLY, a COUNCIL, a COMMISSION, a COURT OF JUSTICE, Each institution shall act within the limits of the powers conferreå upon it by this Treaty. 2. The Council and the Commission shall be assisted by an Economic and Social Committee acting in an advisory capacity.
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TITLE TWO
PROVISIONS FOR THE ENCOURAGEMENT OF PROGRESS
IN THE FIELD OF NUCLEAR ENERGY
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Chapter I PROMOTION OF RESEARCH
ARTICLE 4 1. The Commission shall be responsible for promoting and facilitating nuclear research in the Member States and for complementing it by carrying out a Community research and training programme ,. 2. The activity of the Commission in this respect shall be carried out within the fields listed in Annex I to this Treaty. This list may be amended by the Council, acting by a qualified majority on a proposal from the Commission. The latter shall consult the Scientific and Technical Committee established under Article 134,
ARTICLE 5
For purposes of coordinating and complementing research undertaken in Member States, the Commission shall, either by a specific request addressed to a given recipient and conveyed to the Government concerned, or by a general published request, call upon Member States, persons or undertakings to communicate to it their programmes relating to the research which it specifies in the request. After giving those concerned full opportunity to comment, the Commission may deliver a reasoned opinion on each of the programmes communicated to it. The Commission shall deliver such an opinion if the State, person or undertaking which has communicated the programme so requests.
By such opinions the Commission shall discourage unnecessary duplication and shall direct research towards sectors which are insufficiently
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explored, The Commission may not publish these programmes without the consent of the State, person or undertaking which has communicated them, The Commission shall publish at regular intervals a list of those sectors of nuclear research which it considers to be insufficiently explored.
The Commission may bring together representatives of public and private research centres as well as any experts engaged in research in the same or related fields for mutual consultation and exchanges of information, ARTICLE 6 To encourage the carrying out of research programmes communicated to it the Commission may :
(a) provide financial assistance within the framework of research contracts, without, however, offering subsidies; (b) supply, either free of charge or against payment, for carrying out such programmes, any source materials or special fissile materials which it has available; (Cc) place installations, equipment or expert assistance at the disposal of Member States, persons or undertakings, either free of charge or against payment; (d) promote joint financing by the Member States, persons or undertakings concerned, ARTICLE 7 Community research and training programmes shall be determined by the Council, acting unanimously on a proposal from the Commission, which shall consult the Scientific and Technical Committee, These programmes shall be drawn up for a period of not more than five years, The funds required for carrying out these programmes shall be included each year in the research and investment budget of the Community, The Commission shall ensure that these programmes are carried out and shall submit an annual report thereon to the Council, The Commission shall keep the Economic and Social Committee informed of the broad outlines of Community research and training programmes,
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ARTICLE 8
ll. After consulting the Soientific and Technical Committee, the Commission shall establish a Joint Nuclear Research Centre.
This Centre shall ensure that the research programmes and other tasks assigned to it by the Commission are carried out. It shall also ensure that a uniform nuclear terminology and a standarå system of measurements are established. It shall set up a central bureau for nuclear measurements.
2. The activities of the Centre may, for geographical or functional reasons, be carried out in separate establishments.
ARTICIE 9
1, After obtaining the opinion of the Economic and Social Committee the Commission may, within the framework of the Joint Nuclear Research Centre, set up schools for the training of specialists, particularly in the fields of prospecting for minerals, the production of high-purity nuclear materials, the processing of irradiated fuels, nuclear engineering, health and safety and the production and use of radioisotopes.
Tne Commission shall determine the details of such training.
2. An institution of university status shall be established; the way in which it will funetion shall be determined by the Council, acting by a qualified majority on a proposal from the Commission.
ARTICLE 10
Tne Commission may, by contract, entrust the carrying out of certain parts of the Community research programme to Member States, persons or undertakings, or to third countries, international organisations or nationals of third countries.
ARTICLE 11
The Commission shall publish the research programmes referred to in Articles 7, 8 and 10, and also regular progress reports on their implementation.
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Chapter II
DISSEMINATION OF INFORMATION
Section I
Information over which the Community has power of disposal
ARTICLE 12
Member States, persons or undertakings shall have the right, on application to the Commission, to obtain non-exclusive licences under patents, provisionally protected patent rights, utility models or patent applications owned by the Community, where they are able to make effective use of the inventions covered thereby, Under the same conditions, the Commission shall grant sub-licences under patents, provisionally protected patent rights, utility models or patent applications, where the Community holds contractual licences conferring power to do so, E The Commission shall grant such licences or sub-licences on terms to be | agreed with the licensees and shall furnish all the information required for their use, These terms shall relate in particular to suitable remuneration and, where appropriate, to the right of the licensee to grant sub-licences to third parties and to the obligation to treat the information as a trade secret, Failing agreement on the terms referred to in the third paragraph, the licensees may bring the matter before the Court of Justice so that appropriate terms may be fixed,
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ARTICLE 13
The Commission shall communicate to Member States, persons and undertakings information acquired by the Community which is not covered by the provisiona of Article 12, whether such information is deriveå from its own research programme or communicated to the Commission with authority to make free use of it. The Commission may, however, make the disolosure of such information conåditional on its being treated as confidential and not passed on to thirå parties.
The Commission may not disclose information which has been acquired subject to restrictions on its use or dissemination - such as information known as celassified information - unless it ensures compliance with these restrictions.
Section II
Other Information
(a) Dissemination by amicable agreement
ARTICLE 14
The Commission shall endeavour, by amicable agreement, to secure both the communication of information which is of use to the Community in the attainment of its objectives and the granting of licences under patents, provisionally protected patent rights, utility models or patent applications covering such information.
ARTICLE 15
The Commission shall establish a procedure by which Member States, persons and undertakings may use it as an intermediary for exchanging provisional or final results of their research, in so far as these results have not been acquired by the Community under research contracts awarded by the Commission. i
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This procedure must be such as to ensure the confidential nature of the exchange. The results communicated may, however, be transmitted by the Commission to the Joint Nuclear Research Centre for documentation purposes; this shall not entail any right of use to which the communicating party has not agreed.
(b) Compulsory communication to the Commission
ARTICLE 16
1. Ås soon as an application for a patent or a utility model relating to a specifically nuclear subject is filed with a Member State, that State shall ask the applicant to agree that the contents of the application be communicated to the Commission forthwitnh.
If the applicant agrees, this communication shall be made within three months of the date of filing the application, If the applicant does not agree, the Member State shall, within the same period, notify the Commission of the existence of the application.
The Commission may require a Member State to communicate the contents of an application of whose existence it has been notified, The Commission shall make any such request within two months of the date of notifiecation. Any extension of this period shall entail a corresponding extension of the period referred to in the sixth sub-paragraph of this paragraph. On receiving such a request from the Commission, the Member State shall again ask the applicant to agree to communication of the contents of the application, If the applicant agrees, communication shall be made forthwith. If the applicant does not agree, the Member State shall nevertheless be required to make this communication to the Commission within eighteen months of the date on which the application was filed.
2. Member States shall inform the Commission, within eighteen months of the filing date, of the existence of any as yet unpublished application for a patent or utility model which seems to them, prima facie,to deal with a subject which, although not specifically nuclear, is directly connected with and essential to the development of nuclear energy in the Community.
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If the Commission so requests, the contents of the application shall be communicated to it within two montns.
3. In order that publication may take place as soon as possible, Member States shall reduce to a minimum the time taken to process applications for patents or utility models relating to subjects referred to in paragraphs | and 2 concerning which a request has been made by the Commission.
4, The Commission shall treat the above-mentioned communications as confidential. They may only be made for documentation purposes. The Commission may, however, make use of the inventions communicated to it, either with the consent of the applicant or in accordance with Articles 17 to 23. " |
5e The provisions of this Article shall not apply when an agreement concluded with a third State or an international organisation precludes communication.
(c) Grant of licences by arbitration or under compulsory powers.
ARTICLE 17
1. Failing amicable agreement, non-excelusive licences may be granted either by arbitration or under compulsory powers in accordance with Artieles 18 to 23 :
(a) to the Community or to Joint Undertakings accorded this right under Article 48 in respect of patents, provisionally protected patent rights or utility models relating to inventions directly connected with nuclear research, where the granting of such licences is necessary for the continuance of their own research or indispensable to the operation of their installations.
If the Commission so requests, such licences shall inelude the right to authorise third parties to make use of the invention, where they are cerrying out work for or orders placed by the Community or Joint Undertakings; (b) to persons or undertakings which have applied to the Commission ee for them in respect of patents, provisionally protected patent rights or utility models relating to inventions directly connected with and essential
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to the development of nuclear energy in the Community, provided that all the following conditions are fulfilled : (i) At least four years have elapsed since the filing of the patent application, save in the case of an invention relating to a specifically nuclear subject; (ii) The requirements arising out of the development of nuclear energy, in the Commission's conception of such development, in the territory of a Member State where an invention is protected, are not being met with regard to that invention; (iii) The proprietor, having been called upon to meet such requirements either himself or through his licensees, has not complied with this request; (iv) The persons or undertakings applying for licences are in a position to meet such requirements effectively by making use of the invention. Member States may not, in order to meet such requirements, take any coercive measures provided for in their national legislation which will limit the protection accorded to the invention, save at the prior request of the Commission. 2. A non-exclusive licence may not be granted as provided for in paragraph 1 where the proprietor can establish the existence of legitimate reasons, in particular that he has not had sufficient time at his disposal. 3. The granting of a licence pursuant to paragraph 1 shall confer a right to full compensation, the amount of which shall be agreed between the proprietor of the patent, provisionally protected patent right or utility model and the licensee. 4, The provisions of this Article shall not affect those of the Paris Convention for the Protection of Industrial Property.
ARTICLE 18 An Arbitration Committee is hereby established for the purposes provided for in this Section, The Council shall appoint the members and lay down the rules of procedure of this Committee, acting on a proposal from the Court of Justice, An appeal, having suspensory effect, may be brought by the parties before the Court of Justice against a decision of the Arbitration Committee within one month of notification thereof. The Court of Justice shall confine its examination to the formal validity of the decision and to the interpretation of the provisions of this Treaty by the Arbitration Committee.
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The final decisions of the Arbitration Committee shall have the force of res judicata between the parties concerned, They shall be enforceable as provided in Article 164,
ARTICLE 19
Where, failing amicable agreement, the Commission intends to secure the granting of licences in one of the cases provided for in Article 17, it shall give notice of its intention to the proprietor of the patent, provisionally protected patent right, utility model or patent application, and shall specify in such notice the name of the applicant for and the scope of the licence,
ARTICLE 20 The proprietor may, within one month of receipt of the notice referred to in Article 19, propose to the Commission and, where appropriate, to the applicant that they conelude a special agreement to refer the matter to the Arbitration Committee, Should the Commission or the applicant refuse to enter into such an agreement, the Commission shall not require the Member State or its appropriate authorities to grant the licence or cause it to be granted, If, when the matter is referred to it under a special agreement, the Arbitration Committee finds that the request from the Commission complies with the provisions of Article 17, it shall give a reasoned decision containing a grant of the licence to the applicant and laying down the terms of the licence and the remuneration therefor, to the extent that the parties have not reached agreement on these points,
ARTICLE 21
If the proprietor does not propose that the matter be referred to the Arbitration Committee, the Commission may call upon the Member State concerned or its appropriate authorities to grant the licence or cause it to be granted, If, having heard the proprietor's case, the Member State, or its appropriate authorities, considers that the conditions of Article 17 have not been complied with, it shall notify the Commission of its refusal to grant the licence or to cause it to be granted, If it refuses to grant the licence or to cause it to be granted, or if, within four months of the date of the request, no information is forthceoming with regard to the granting of the licence, the Commission shall have two months in which to bring the matter before the Court of Justice,
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The proprietor must be heard in the proceedings before the Court of Justice,
If the juägment of the Court of Justice establishes that the conditions of Article 17 have been complied with, the Member State concerned, or its appropriate authorities, shall take such measures as enforcement of that judgment may require,
ARTICLE 22
1. If the proprietor of the patent, provisionally protected patent right or utility model and the licensee fail to agree on the amount of compensation, the parties concerned may coneclude a special agreement to refer the matter to the Arbitration Committee,
By doing so, the parties waive the right to institute any proceedings other than those provided for in Article 18,
20 If the licensee refuses to conclude a special agreement, the licence he has been granted shall be deemed void, If the proprietor refuses to conclude a special agreement, the compensation referred to in this Article shall be determined by the appropriate national authorities,
ARTICLE 23 After the lapse of one year, the decisions of the Arbitration Committee or of the appropriate national authorities may, if there are new facts to justify it, be revised with respect to the terms of the licence, Such revision shall be a matter for the body which gave the decision,
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Section TIII
Security Provisions
ARTICLE 24
Information which the Community acquires as a result of carrying out its research programme, and the disclosure of which is liable to harm the defence interests of one or more Member States, shall be subject to a security system in accordance with the following provisions : 1. The Council shall, acting on a proposal from the Commission, adopt security regulations which, account being taken of the provisions of this Article, lay down the various security gradings to be applied and the security measures appropriate to each grading,. 2. Where the Commission considers that the disclosure of certain information is liable to harm the defence interests of one or more Member States, it shall provisionally apply to that information the security grading required in that case by the security regulations. It shall communicate such information forthwith to the Member States, which shall provisionally ensure its security in the same manner. Member States shall inform the Commission within three months whether they wish to maintain the grading provisionally applied, substitute another or declassify the information. Upon the expiry of this period, the highest grading of those requested shall be applied. The Commission shall notify the Member States accorådingly . At the request of the Commission or of a Member State, the Council may, acting unanimously, at any time apply another grading or ådeclassify the information, The Council shall obtain the opinion of the Commission before taking any action on a request from a Member State. 3. The provisions of Articles 12 and 13 shall not apply to information subject to a security grading.
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Nevertheless, provided that the appropriate security measures are observed, (a) the information referred to in Articles 12 and 13 may be communicated by the Commission : (i) to a Joint Unåertaking; (ii) to a person or undertaking other than a Joint Undertaking, through the Member State in whose territory that person or undertaking operates; (b) the information referred to in Article 13 may be communicated by a Member State to a person or to an undertaking other than a Joint Undertaking, operating in the territory of that State, provided that the Commission is notified of this communication. Each Member State has, moreover, the right to require the Commission to grant a licence under Article 12 to meet the needs of that State or those of a person or undertaking operating in its territory.
ARTICLE 25
1. A Member State notifying the existence or communicating the contents of an application for a patent or utility model relating to a subject specified in Article 16 (1) or (2) shall, where appropriate, draw attention to the need to apply a given security grading for defence reasons, at the same time stating the probable duration of such grading. The Commission shall pass on to the other Member States all communications received in accordance with the preceding sub-paragraph. The Commission and the Member States shall take those measures which, under the security regulations, correspond to the grading required by the State of origin. 2. The Commission may also pass on these communications to Joint Undertakings or, through a Member State, to a person or to an undertaking other than a Joint Undertaking operating in the territory of that State. Inventions which are the subject of applications referred to in paragraph 1 may be used only with the consent of the applicant or in accordance with Articles 17 to 23, |
The communications and, where appropriate, the use referred to in this paragraph shall be subject to the measures which, under the security regulations, correspond to the security grading required by the State of origin.
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The communications shall in all cases be subject to the consent of the State of origin, Consent to communication and use may be withhelåd only for defence reasons. 30 At the request of the Commission or of a Member State, the Council may, acting unanimously, at any time apply another grading or declassify the information. The Couneil shall obtain the opinion of the Commission before taking any action on a request from a Member State.
ARTICLE 26
1. Where information covered by patents, patent applications, provisionally protected patent rights, utility models or applications for utility models has been classified in accordance with Articles 24 and 25, the States which have applied for such classification may not refuse to allow corresponding applications to be filed in the other Member States. Each Member State shall take the necessary measures to maintain the security of such rights and applications in accordance with the procedure laid down in its own laws and regulations. 2. No applications relating to information classified in accordance with Article 24 may be filed outside the Member States except with the unanimous consent of the latter. Should Member States fail to make known their attitude, their consent shall be deemed to have been obtained on the expiry of six months from the date on which the information was communicated to the Member States by the Commission.
ARTICLE 27
Compensation for any damage suffered by the applicant as a result of classification for defence reasons shall be governed by the provisions of the national laws of the Member States and shall be the responsibility of the State which applied for such classification or which either obtained the upgrading or extension of the classification or caused the filing of applications ouside the Community to be prohibited. Where several Member States have either obtained the upgrading or extension of the classification or caused the filing of applications outside the Community to be prohibited, they shall be jointly responsible for making good any damage arising out of their action,
The Community may not claim any compensation under this Article.
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Section IV
Special Provisions
ARTICLE 28
Where, as a result of their communication to the Commission, unpublished applications for patents or utility models, or patents or utility models classified for defence reasons, are improperly used or come to the knowledge of an unauthorised person, the Community shall make good the damage suffered by the party concerned,
Without prejudice to its own rights against the person responsible for the damage, the Community shall, to the extent that it has made good such damage, acquire any rights of action enjoyed by those concerned against third parties, This shall not affect the right of the Community to take action against the person responsible for the damage in accordance with the general provisions in force,
ARTICLE 29
Where an agreement or contract for the exchange of scientific or industrial information in the nuclear field between a Member State, a person or an undertaking on the one hand, and a third State, an international organisation or a national of a third State on the other, requires, on either part, the signature of a State acting in its sovereign capacity, it shall be concluded by the Commission. Subject to the provisions of Articles 103 and 104, the Commission may, however, on such conditions as it considers appropriate, authorise a Member State, a person or an undertaking to conclude such agreements.
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Chapter TITI HEALTH AND SAFETY
ARTICLE 30
Basic standaräås shall be laid down within the Community for the protection cf the health of workers and the general public against the dangers arising from ionizing radiations. The expression "basic standaråäås" means : (a) maximum permissible doses compatible with adequate safety; (b) maximum permissible levels of exposure and contamination; (ec) the fundamental principles governing the health surveillance of workers.
ARTICLE 31
The basic standards shall be worked out by the Commission after it has obtained the opinion of a group of persons appointed by the Scientific and Technical Committee from among scientific experts, and in particular public health experts, in the Member States, The Commission shall obtain the opinion of the Economic and Social Committee on these basic standards ,.
After consulting the Assembly the Council shall, on a proposal from the Commission, which shall forward to it the opinions obtained from these Committees, establish the basic standards; the Council shall act by a qualifieå majority.
ARTICLE 32
At the request of the Commission or of a Member State, the basic standards may be revised or supplemented in accordance with the procedäure laid down in Article 31.
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The Commission shall examine any request made by a Member State,
ARTICLE 33
Each Member State shall lay down the appropriate provisions, whether by legislation, regulation or administrative action, to ensure compliance with the basic standards which have been established and shall take the necessary measures with regard to teaching, education and vocational training. The Commission shall make appropriate recommendations for harmonising the provisions applicable in this field in the Member States. To this end, the Member States shall communicate to the Commission the provisions applicable at the date of entry into force of this Treaty and any subsequent draft provisions of the same kind. Any recommendations the Commission may wish to issue with regard to such draft provisions shall be made within three months of the date on which such äraft provisions are communicated.
ARTICLE 34
Any Member State in whose territories particularly dangerous experiments are to take place shall take additional health and safety measures, on which it shall first obtain the opinion of the Commission. The assent of the Commission shall be required where the effects of such experiments are liable to affect the territories of other Member States.
ARTICLE 35
Each Member State shall establish the facilities necessary to carry out continuous monitoring of the level of radioactivity in the air, water and soil and to ensure compliance with the basic standards. The Commission shall have the right of access to such facilities; it may verify their operation and efficiency.
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ARTICLE 36
The appropriate authorities shall periodically communicate informa= tion on the checks referred to in Article 35 to the Commission so that it ig kept informeå of the level of radioactivity to which the public is exposed.
ARTICLE 37
Each Member State shall provide the Commission with such general data relating to any plan for the disposal of radioactive waste in whatever form as will make it possible to determine whether the implementation of such plan is liable to result in the radioactive contamination of the water, soil or airspace of another Member State. The Commission shall deliver its opinion within six months, after consulting the group of experts referred to in Article 31.
ARTICLE 38
The Commission shall make recommendations to the Member States with regard to the level of radioactivity in the air, water and soil. In cases of urgency, the Commission shall issue a directive requiring the Member State concerned to take, within a period laid down by the Commission, all necessary measures to prevent infringement of the basic standards and to ensure compliance with regulations. Should the State in question fail to comply with the Commission directive within the period laid down, the Commission or any Member State concerned may forthwith, by way of derogation from Articles 141 and 142, bring the matter before the Court of Justice.
ARTICLE 39
The Commission shall set up within the framework of the Joint Nuclear Research Centre, as soon as the latter has been established, a health and safety documentation and study section. This section shall in particular have the task of collecting the documentation and information referred to in Articles 33, 36 and 37 and of assisting the Commission in carrying out the tasks assigned to it by this Chepter.
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Chapter IV INVESTMENT
ARTICLE 40
In order to stimulate action by persons and undertakings and to facilitate coordinated development of their investment in the nuclear field, the Commission shall periodically publish illustrative programmes indicating in particular nuclear energy production targets and all the types of investment required for their attainment. | The Commission shall obtain the opinion of the Economic and Social Committee on such programmes before their publication.
ARTICLE 41
Persons and undertakings engaged in the industrial activities listed in Annex II to this Treaty shall communicate to the Commission investment projects relating to new installations and also to replacements or conversions which fulfil the criteria as to type and size laid down by the Council on a proposal from the Commission. The list of industrial activities referred to above may be altered by the Council, acting by a qualified majority on a proposal from the Commission, which shall first obtain the opinion of the Economic and Social Committee.
ARTICLE 42
The projects referred to in Article 41 shall be communicated to the Commission and, for information purposes, to the Member State concerned not later than three months before the first contracts are concluded with the suppliers or, if the work is to be carried out by the undertaking with its own resoures, three months before the work begins.
The Council may, acting on a proposal from the Commission, alter this time limit,
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ARTICLE 43
The Commission shall discuss with the persons or undertakings all aspects of investment projects which relate to the objectives of this Treaty.
It shall communicate its views to the Member State concerned,
ARTICLE 44
The Commission may, with the consent of the Member States, persons and undertakings concerned, publish any investment projects communicated to it.
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Chapter V JOINT UNDERTAKINGS
ARTICLE 45
Undertakings which are of fundamental importance to the development of the nuclear industry in the Community may be established as Joint Undertakings within the meaning of this Treaty, in accordance with the following Articles.
ARTICLE 46
1. Every project for establishing a Joint Undertaking, whether originating from the Commission, a Member State or any other quarter, shall be the subject of an inquiry by the Commission. For this purpose, the Commission shall obtain the views of Member States and of any public or private body which in its opinion can usefully advise it. 20 The Commission shall forward to the Council any project for establishing a Joint Undertaking, together with its reasoned opinion. If the Commission åelivers a favourable opinion on the need for the proposed Joint Undertaking, it shall submit proposals to the Council concerning : (a) location; (b) statutes; (c) the scale of and timetable for financing; (d) possible participation by the Community in the financing of the Joint Undertaking; (e) possible participation by a third State, an international organisation or a national of a third State in the financing or management of the Joint Undertaking;
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(f) the conferring of any or all of the advantages listed in Annex III to this Treaty. The Commission shall attach a detailed report on the project as a whole.
ARTICLE 47
The Council may, when the matter has been submitted to it by the Commission, request the latter to supply such further information or to undertake such further inquiries as the Council may consider necessary. If the Council, acting by a qualified majority, considers that a project forwarded by the Commission with an unfavourable opinion should nevertheless be carried out, the Commission shall submit to the Council the proposals and the detailed report referred to in Article 46, Where the opinion of the Commission is favourable or in the case referred to in the preceding paragraph, the Council shall act by a qualifield majority on each of the proposals from the Commission. The Council shall, however, act unanimously in respect of : (a) participation by the Community in the financing of the Joint Undertaking; (b) participation by a third State, an international organisation or a national of a third State in the financing or management of the Joint Undertaking.
ARTICLE 48
The Council may, acting unanimously on a proposal from the Commission, mak2 applicable to each Joint Undertaking any or all of the advantages listed in Annex III to this Treaty; each Member State shall for its part ensure that these advantages are conferred,. The Council may, in accordance with the same procedure, lay down the conditions governing the conferment of these advantages.
ARTICLE 49
Joint Undertakings shall be established by Council decision. Each Joint Undertaking shall have legal personality.
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In each of the Member States, it shall enjoy the most extensive legal capacity accorded to legal persons under their respective national laws; it may, in particular, acquire or dispose of movable and immovable property and may be a party to legal proceedings.
Save as otherwise provided in this Treaty or in its own statutes, each Joint Undertaking shall be governeå by the rules applying to industrial or commercial undertakings; its statutes may make subsidilary reference to the national laws of the Member States. Save where jurisdiction is conferred upon the Court of Justice by this Treaty, disputes in which Joint Undertakings are concerned shall be determined by the appropriate national courts or tribunals.
ARTICLE 50
The statutes of Joint Undertakings shall be amended, where necessary, in accordance with the special provisions which they contain for this purpose. Such amendments shall not, however, enter into force until they have been approved by the Council, acting in accordance with the procedure laid down in Article 47 on a proposal from the Commission.
ARTICLE 51
The Commission shall be responsible for carrying out all decisions of the Council relating to the establishment of Joint Undertakings until the boäies responsible for the operation of guch Undertakings have been set up.
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Chapter VI
SUPPLIES
ARTICLE 52
1. The supply of ores, source materials and special fissile materials shall be ensured, in accordance with the provisions of this Chapter, by means of a common supply policy on the principle of equal access to sources of supply.
20 For this purpose and under the conditions laid down in this Chapter :
(a) all practices designed to secure a privileged position for certain users shall be prohibited;
(b) an Agency is hereby established; it shall have a right of option on ores, source materials and special fissile materials produced in the territories of Member States and an exclusive right to coneclude contracts relating to the supply of ores, source materials and special fissile materials coming from inside the Community or from outside,
The Agency may not discriminate in any way between users on grounds of the use which they intend to make of the supplies requested unless such use is unlawful or is found to be contrary to the conditions imposed by suppliers outside the Community on the consignment in question.
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Section I The Agency
Article 53
The Agency shall be under the supervision of the Commission, which shall issue directives to it, possess a right of veto over its decisions and appoint its Director-General and Deputy Director-General,.
Any act, whether implied or expressed, performed by the Agency in the exercise of its right of option or of its exclusive right to conclude supply contracts, may be referred by the parties concerned to the Commission, which shall give a decision thereon within one month,
Article 54
The Agency shall have legal personality and financial autonomy.
The Council shall lay down the statutes of the Agency, acting by a qualified majority on a proposal from the Commission.
The statutes may be amended in accordance with the same procedure,
The statutes shall determine the Agency's capital and the terms upon which it is to be subscribed., The major part of the capital shall always belong to the Community and to the Member States. The contributions to the capital shall be determined by common accord of the Member States.
The rules for the commercial management of the activities of the Agency shall be laid down in the statutes, The latter may provide for a charge on transactions to defray the operating expenses of the Agency.
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ARTICLE 55
The Member States shall communicate or cause to be communicated to the Agency all the information necessary to enable it to exercise its right of option and its exclusive right to conelude supply contracts,
ARTICLE >56
The Member States shall be responsible for ensuring that the Agency may operate freely in their territories,
They may establish one or more bodies having authority to represent, in relations with the Agency, producers and users in the non-European territories under their jurisdiction,
Section II
Ores, source materials and special fissile materials coming from inside the Community
ARTICLE 57
1. The right of option of the Agency shall cover : (a) the acquisition of rights to use and consume materials owned by the Community under the provisions of Chapter VIII; (b) the acquisition of the right of ownership in all other cases,
2. The Agency shall exercise its right of option by coneluding contracts with oaroducers of ores, source materials and special fissile materials.
Subject to Articles 58, 62 and 63, every producer shall offer to the Agency the ores, source materials or special fissile materials which he produces within the territories of Member States before they are used, transferred or stored,
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ARTICLE 58
Where a producer carries out several stages of production from extraction of the ore up to and including production of the metal, he may offer the product to the Agency at whichever stage of production he chooses. The same shall apply to two or more connected undertakings, where the connection has been duly communicated to the Commission and äisocussed with it in acoordanoe with the procedures laid down in Articles 43 and 44,
ARTICLE 59
If the Agency does not exercise its right of option on the whole or any part of the output of a producer, the latter (a) may, either by using his own resources or under contract, process or cause to be processed the ores, source materials or special fissile materials , provided that he offers to the Agency the product of such processing; (b) shall be authorised by a decision of the Commission to dispose of his available production outside the Community, provided that the terms he offers are not more favourable than those previously offered to the Agency. However, special fissile materials may be exported only through the Agency and in accordance with the provisions of Article 62,
The Commission may not grant such authorisation if the recipients of the supplies fail to satisfy it that the general interests of the Community will be safeguarded or if the terms and conditions of such contracts are contrary to the objectives of this Treaty,
ARTICLE 60
Potential users shall periodically inform the Agency of the supplies they require, specifying the quantities, the physical and chemical nature, the place of origin, the intended use, delivery dates and price terms, which are to form the terms and conditions of the supply contract which they wish to conclude,
Similarly, producers shall inform the Agency of offers which they are able to make, stating all the specifications, and in particular the duration of contracts, required to enable their production programmes to be drawn up. Such contracts shall be of not more than ten years! duration save with the agreement of the Commission,
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The Agency shall inform all potential users of the offers and of the volume of applications which it has received and shall call upon them to place their orders by a specified time limit, Wnen the Agency has received all such orders, it shall make known the terms on which it can meet them,
If the Agency cannot meet in their entirety all the orders received, it shall, subject to the provisions of Articles 68 and 69, share out the supplies proportionately among the orders relating to each offer, Agency rules, which shall require approval by the Commission, shall determine the manner in which demand is to be balanced against supply.
ARTICLE 61
The Agency shall meet all orders unless prevented from so doing by legal or material obstacles, When concluding a contract, the Agency may, while complying with the provisions of Article 52, require users to make appropriate advance payments either as security or to assist in meeting the Agency's own long-term commitments to producers where these are essential to carrying out the order,
ARTICLE 62
1, The Agency shall exercise its right of option on special fissile materials produced in the territories of Member States in order
(a) to meet demand from users within the Community in accordance with Article 60; or (b) to store such materials itself; or
(c) to export such materials with the authorisation of the Commission, which shell comply with the second subparagraph of Article 59 (b),.
20 Nevertheless, while continuing to be subject to the provisions of Chapter VII, such materials and any fertile wastes shall be left in the possession of the producer, so that he may (a) store them with the authorisation of the Agency; or (b) use them within the limits of his own requirements; or (c) make them available to undertakings in the Community, within
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the limits of their requirements, where, for carrying out a programme duly communicated to the Commission, these undertakings have with the producer a direct connection which has neither the aim nor the effect of limiting production, technical development or investment or of improperly creating inequalities between users in the Community.
3. The provisions of Article 89(1)(a) shall apply to special fissile materials which are produced in the territories of Member States and on which the Agency has not exercised its right of option,
ARTICLE 63
Ores, source materials and special fissile materials produced by Joint Undertakings shall be allotted to users in accordance with the rules laid down in the statutes or agreements of such Undertakings.
Section III
Ores, source materials and special figsile materials coming from outside the Community
ARTICLE 64
The Agency, acting where appropriate within the framework of agreements concluded between the Community and a third State or an international organisation, shall, subject to the exceptions provided for in this Treaty, have the exclusive right to enter into agreements or contracts whose principal aim is the supply of ores, source materials or special fissile materials coming from outside the Community.
ARTICLE 65
Article 60 shall apply to applications from users and to contracts between users and the Agency relating to the supply of ores, source materials or special fissile materials coming from outside the Community.
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The Agency may, however, decide on the geographical origin of supplies provided that conditions which are at least as favourable as those specified in the order are thereby secured for the user,
ARTICLE 66
Should the Commission find, on application by the users concerned, that the Agency is not in a position to deliver within a reasonable period of time all or part of the supplies ordered, or that it can only do so at excessively high prices, the users shall have the right to conclude directly contracts relating to supplies from outside the Community, provided that such contracts meet in essential respects the requirements specified in their orders,
This right shall be granted for a period of one year; it may be extended if the situation which justified its granting continues.
Users who avail themselves of the right provided for in this Article shall communicate to the Commission the direct contracts which they propose to cor.clude, The Commission may, within one month, object to the conclusion of such contracts if they are contrary to the objectives of this Treaty,
Section IV
Prices Åomemsemmuma |
ARTICLE 67
Save where exceptions are provided for in this Treaty, prices shall be determined as a result of balancing supply against demand as provided in Article 60; the national regulations of the Member States shall not contravene such provisions,
ARTICLE 68
Pricing practices designed to secure a privileged position for certain users in violation of the principle of equal access laid down in the provisions of this Chapter shall be prohibited,
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If the Agency finds that any such practices are being employed it shall report them to the Commission,
The Commission may, if it accepts the findings, set the prices of the offers in issue at a level compatible with the prinoiple of equal access,
ARTICLE 69
The Council may fix prices, acting unanimously on a proposal from the Commission.
When the Agency lays down, in pursuance of Article 60, the terms on which orders can be met, it may propose to the users who have placed orders that prices be equeliseåd,
Section V Provisions relating to supply policy
ARTICLE 70
Within the limits set by the budget of the Community, the Commission may, on such conditions as it shall determine, give financial support to prospecting programmes in the territories of Member States, The Commission may make recommendations to the Member States with a view to the development of prospecting for and exploitation of mineral deposits,.
The Member States shall submit annually to the Commission a report on the development of prospecting and production, on probable reserves and on investment in mining which has been made or is planned in their territories, The reports shall be submitted to the Council, together with an opinion from the Commission which shall state in particular what action has been taken by Member States on recommendations made to them under the preceding paragraph.
If, when the matter has been submitted to it by the Commission, the Council finds by a qualified majority that, although the prospects for extraction appear economically justified on a long-term basis, prospecting I11/E = 46 -
activities and the expansion of mining operations continue to be markedly inadequate, the Member State concerned shall, for as long as it has failed to remedy this situation, be deemed to have waived, both for itself and for its nationals, the right of equal access to other sources of supply within the Community.
ARTICLE 71
The Commission shall make all appropriate recommendations to Member States with regard to revenue or mining regulations.
ARTICLE 72
The Agency may, from material available inside or outside the Community, build up the necessary commercial stocks to facilitate supplies to or normal deliveries by the Community.
The Commission may, where necessary, decide to build up emergency stocks, The method of financing such stocks shall be approved by the Council, acting by a qualified majority on a proposal from the Commission.
Section VI
Special Provisions
ARTICLE 73
Where an agreement or contract between a Member State, a person or an undertaking on the one hand, and a third State, an international organisation or a national of a third State on the other, provides inter alia for delivery of products which come within the province of the Agency, the prior consent of the Commission shall be required for the conclusion or renewal of that agreement or contract, as far as delivery of the products is concerned,
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ARTICLE 74
The Commission may exempt from the provisions of this Chapter the transfer, import or export of small quantities of ores, source materials or special fissile materials such as are normally used in research,
The Agency shall be notified of every transfer, import or export operation effected by virtue of this provision, |
ARTICLE 75
The provisions of this Chapter shall not apply to commitments relating to the processing, conversion or shaping of ores, source materials or special fissile materials and entered into, (a) by several persons or undertakings, where the material is to return to the original person or undertaking after being processed, converted or shaped; or (b) by a person or undertaking and an international organisation or a national of a third State, where the material is processed, converted or shaped outside the Community and then returned to the original person or undertaking; or (C) by a person or undertaking and an international organisation or a nationai of a third State, where the material is processed, converted or shaped inside the Community and is then returned either to the original organisation or national or to any other consignee likewise outside the Community designated by such organisation or national,
he persons and undertakings concerned shall, however, notify the Agency of the existence of such commitments and, as soon as the contracts are signed, of the quantities of material involved in the movements, The Commission may prevent the commitments referred to in subparagraph (b) from being undertaken if it considers that the conversion or shaping cannot be carried out efficiently and safely and without the loss of material to the detriment of the Community.
Tne materials to which such commitments relate shall be subject in the territories of the Member States to the safeguards laid down in Chapter VII, The provisions of Chapter VIII shall not, however, be applicable to special fissile materials covered by the commitments referred to in subparagraph (c).
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ARTICLE 76
On the initiative of a Member State or of the Commission, and particularly if unforeseen circumstances create a situation of general shortage, the Council may, acting unanimously ,on a proposal from the Commission and after consulting the Assembly, amend the provisions of this Chapter, The Commission shall, inquire into any request made by a Member State, Seven years after the entry into force of this Treaty, the Council may confirm these provisions in their entirety, Failing confirmation, new provisions relating to the subject matter of this Chapter shall be adopted in accordance with the procedure laid down in the preceding paragraph.
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Chapter VII
SAFEGUARDS
ARTICLE 77
In accordance with the provisions of this Chapter, the Commission shall satisfy itself that, in the territories of Member States, (a) ores, source materials and special fissile materials are not diverted from their intended uses as declared by the users; (b) the provisions relating to supply and any particular safeguarding obligations assumed by the Community under an agreement concluded with a third State or an international organisation are complied with.
ARTICLE 78
Anyone setting up or operating an installation for the production, separation or other use of source materials or special fissile materials or for the processing of irradiated nuclear fuels shall declare to the Commission the basic technical characteristics of the installations, to the extent that knowledge of these characteristics is necessary for the attainment of the objectives set out in Article 77. The Commission must approve the techniques to be used for the chemical processing of irradiated materials, to the extent necessary to attain the objectives set out in Article 77.
ARTICLE 79
The Commission shall require that operating records be kept and produced in order to permit accounting for ores, source materials and special fissile materials used or produced, The same requirement shall apply in the case of the transport of source materials and special fissile materials.
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Those subject to such requirements shall notify the authorities of the Member State concerned of any communications they make to the Commission pursuant to Article 78 and to the first paragraph of this Article, The nature and the extent of the requirements referred to in the first paragraph of this Article shall be defined in a regulation made by the Commission and approved by the Council.
ARTICLE 80
The Commission may require that any excess special fissile materials recovered or obtained as by-products and not actually being used or ready for use shall be deposited with the Agency or in other stores which are or can be supervised by the Commission, Special fissile materials deposited in this way must be returned forthwith to those concerned at their request.
ARTICLE 81
The Commission may send inspectors into the territories of Member States. Before senåing an inspector on his first assignment in the territory of a Member State, the Commission shall consult the State concerned: such consultation shall suffice to cover all future assignments of this inspector, On presentation of a document establishing their authority, inspectors shall at all times have access to all places and data and to all persons who, by reason of their occupation, deal with materials, equipment or installations subject to the safeguards provided for in this Chapter, to the extent necessary in order to apply such safeguards to ores, source materials and special fissile materials and to ensure compliance with the provisions of Article 77. Should the State concerned so request, inspectors appointed by the Commission shall be accompanied by representatives of the authorities of that State: however, the inspectors shall not thereby be delayed or otherwise impeded in the performance of their duties, If the carrying out of an inspection is opposed, the Commission shall apply to the President of the Court of Justice for an order to ensure that the inspection be carried out compulsorily. The President of the Court of Justice shall give a decision within three days. If there is danger in delay, the Commission may itself issue a written order, in the form of a decision, to proceed with the inspection, This order shall be submitted without delay to the President of the Court of Justice for subsequent approval. - 51 - I1/E
After the order or decision has been issued, the authorities of the State concerned shall ensure that the inspectors have access to the places specified in the order or decision, |
ARTICLE 82
Inspectors shall be recruited by the Commission.: They shall be responsible for obtaining and verifying the records referred to in Article 79. They shall report any infringement to the Commission. The Commission may issue a directive calling upon the Member State concerned to take, by a time limit set by the Commission, all measures necessary to bring such infringement to an endå; it shall inform the Council thereof, If the Member State does not comply with the Commission directive by the Time limit set, the Commission or any Member State concerned may, in derogation from Articles 141 and 142, refer the matter to the Court of Justice direct.
ARTICLE 83
1. In the event of an infringement on the part of persons or undertakings of the obligations imposed on them by this Chapter, the Commission may impose sanctions on such persons or undertakings. These sanctions shall be, in order of severity : (a) a warning; (b) the withdrawal of special benefits such as financial or technical assistance; (c) the placing of the undertaking for a period not exceeding four months under the administration of a person or board appointed by common accord of the Commission and the State having jurisdiction over the undertaking; (d) total or partial withdrawal of source materials or special fissile materials. 2. -Decisions taken by the Commission in implementation of paragraph 1 and requiring the surrender of materials shall be enforceable, They may be enforced in the territories of Member States in accordance with Article 164,
By way of derogation from Article 157, appeals brought before the Court of Justice against decisions of the Commission which impose any of the
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sanctions provided for in paragraph 1 shall have suspensory effect, The Court of Justice may, however, on application by the Commission or by any Member State concerned, order that the decision be enforced forthwith. There shall be an appropriate legal procedure to ensure the protection of interests that have been prejudiced.'
3. The Commission may make any recommendations to Member States concerning laws cor regulations which are designed to ensure compliance in their territories with the obligations arising under this Chapter, 4, Member States shall ensure that sanctions are enforced and, where necessary, that the infringements are remedied by those committing them,
ARTICLE 84
In the application of the safeguards, no discrimination shall be made on grounäs of the use for which ores, source materials and special fissile materials are intended, :
The scope of and procedure for the safeguards and the powers of the bodies responsible for their application shall be confined to the attainment of the objectives set out in this Chapter,: The safeguards may not extend to materials intended to meet defence requirements which are in the course of being specially processed for this purpose or which, after being so processed, are, in accordance with an operational plan, placed or stored in a military establishment.
ARTICLE 85
Where new circumstances so require, the procedures for applying the safeguaråds laid down in this Chapter may, at the request of a Member State or of the Commission, be adapted by the Council, acting unanimously on a proposal from the Commission and after consulting the Assembly. The Commission shall examine any such request made by a Member State,
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Chapter VITI PROPERTY OWNERSHIP
ARTICIE 86 ' Special fissile materials shall be the property of the Community. The Community's right of ownership shall extend to all special fissile materials which are produced or imported by a Member State, a person or an undertaking and are subject to the safeguards provided for in Chapter VIT.
ARTICLE 87 Member States, persons or undertakings shall have the unlimited right of use and consumption of special fissile materials which have properly come into their possession, subject to the obligations imposed on them by this Treaty, in particular those relating to safeguaråds, the right of option conferred on the Agency and health and safety,
ARTICLE 88 The Agency shall keep a special account in the name of the Community, called "Special Fissile Materials Financial Account'".'
ARTICLE 89 1. In the Special Fissile Materials Financial Account : (a) the value of special fissile materials left in the possession of or put at the disposal of a Member State, person or undertaking shall be credited to the Community and debited to that Member State, person or undertaking;
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(b) the value of special fissile materials which are produced or imported by a Member State, person or undertaking and become the property of the Community shall be debited to the Community and ceredited to that Member State, person or undertaking. A similar entry shall be made when a Member State, person or undertaking restores to the Community special fissile materials previously left in the possession of or put at the disposal of that State, person or undertaking.!
2. Variations in value affecting the quantities of special fissile materials shall be expressed for accounting purposes in such a way as not to give rise to any loss or gain to the Community.' Any loss or gain shall be borne by or accerue to the holder.
3. Balances arising from the transactions referred to above shall become payable forthwith upon the request of the creditor,
4, Where the Agency undertakes transactions for its own account, it shall, for the purposes of this Chapter, be deemed to be an undertaking.
ARTICLE 90
Where new circumstances so require, the provisions of this Chapter relating to the Community's right of ownership may, at the request of a Member State or of the Commission, be adjusted by the Council, acting unanimously on a proposal from the Commission and after consulting the Assembly. The Commission shall examine any such request made by a Member State,
ARTICLE 91
The system of ownership applicable to all objects, materials and assets which are not vested in the Community under this Chapter shall be determined by the law of each Member State,
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Chapter IX THE NUCLEAR COMMON MARKET
ARTICLE 92
The provisions of this Chapter shall apply to the goods and products specified in the Lists forming Annex IV to this Treaty.
These Lists may, at the request of the Commission or of a Member State, be amended by the Council, acting on a proposal from the Commission.
ARTICLE 93
Member States shall abolish between themselves, one year after the entry into force of this Treaty, all customs duties on imports and exports or charges having equivalent effect, and all quantitative restrictions on imports and exports, in respect of : 1 2 (a) products in Lists A and A” ; (b) products in List B if subject to a common customs tariff and accompanied by a certificate issued by the Commission stating that they are intended to be used for nuclear purposes, Non-European territories under the jurisdiction of a Member State may, however, continue to levy import and export duties or charges having equivalent effect where they are of an exclusively fiscal nature, The rates of such duties and charges and the system governing them shall not give rise to any discrimination between that State and the other Member States.
ARTICLE 94
The Member States shall set up a common customs tariff in accordance with the following provisions : (a) With regard to products specified in List a! , the common customs
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tariff shall be fixed at the level of the lowest tariff in force in any Member State on 1 January 1957: (b) With regard to products specified in List A? , the Commission shall take all appropriate measures to ensure that negotiations between Member States shall begin within three months of the entry into force of this Treaty. If, on some of these products, no agreement can be reached within one year of the entry into force of this Treaty, the Council shall, acting by a qualified majority on a proposal from the Commission, determine the applicable duties in the common customs tariff; (c) The common customs tariff on the products specified in Lists A and 2 AA” shall be applied from the end of the first year following the entry into force of this Treaty.
ARTICLE 95
The Council may, acting unanimously on a proposal from the Commission, decide on the earlier application of the duties in the common customs tariff on products in List B where such a measure would tend to contribute to the development of nuclear energy in the Community.
ARTICLE 96
The Member States shall abolish all restrictions based on nationality affecting the right of nationals of any Member State to take skilled employment in the field of nuclear energy, subject to the limitations resulting from the basic requirements of public policy, public security or public health. After consulting the Assembly, the Council may, acting by a qualified majority on a proposal from the Commission, which shall first request the opinion of the Economic and Social Committee, issue directives for the application of this Article,
ARTICLE 97
No restrictions based on nationality may be applied to natural or legal persors, whether public or private, under the jurisdiction of a Member State, where they desire to participate in the construction of nuclear installations of a ecientific or industrial nature in the Community.
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ARTICLE 98
Member States shall take all measures necessary to facilitate the conclusion of insurance contracts covering nuclear risks. Within two years of the entry into force of this Treaty, the Council, acting by a qualified majority on a proposal from the Commission, which shall first request the opinion of the Economic and Social Committee, shall, after consulting the Assembly, issue directives for the application of this Article.
ARTICLE 99
The Commission may make any recommendations for facilitating movements of capital intended to finance the industrial activities listed in Annex II to this Treaty.
ARTICLE 100
Each Member State undertakes to authorise, in the currency of the Member State in which the creditor or the beneficiary resides, any payments connected with the movement of goods, services or capital, and any transfers of capital and earnings, to the extent that the movement of goods, services, capital and persons between Member States has been liberalised pursuant to this Treaty.
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Chapter X EXTERNAL RELATIONS
ARTICLE 101
The Community may, within the limits of its powers and jurisdiction, enter into obligations by concluding agreements or contracts with a third State, an international organisation or a national of a third State, Such agreements or contracts shall be negotiated by the Commission in accordance with the directives of the Council: they shall be concluded by the Commission with the approval of the Council, which shall act by a qualified majority.
Agreements or contracts whose implementation does not require action by the Council and can be effected within the limits of the relevant budget shall, however, be negotiated and concluded solely by the Commission; the Commission shall keep the Council informeåd.
ARTICLE 102
Agreements or contracts concluded with a third State, an international organisation or a national of a third State to which, in addition to the Community, one or more Member States are parties, shall not enter into force until the Commission has been notified by all the Member States concerned thai those agreements or contracts have become applicable in accordance with the provisions of their respective national laws.
ARTICLE 103
Member States shall communicate to the Commission draft agreements or contracts with a third State, an international organisation or a national of a third State to the extent that such agreements or contracts concern matters within the purview of this Treaty.
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If a draft agreement or contract contains clauses which impede the application of this Treaty, the Commission shall, within one month of receipt of such communication, make its comments known to the State concerned,
The State shall not concelude the proposed agreement or contract until it has satisfied the objections of the Commission or complied with a ruling by the Court of Justice, adjudicating urgently upon an application from the State, on the compatibility of the proposed clauses with the provisions of this Treaty, An application may be made to the Court of Justice at any time after the State has received the comments of the Commission.
ARTICLE 104
No person or undertaking concluding or renewing an agreement or contract with a third State, an international organisation or a national of a third State after the entry into force of this Treaty may invoke that agreement or contract in order to evade the obligations imposed by this Treaty,
Each Member State shall take such measures as it considers necessary in order to communicate to the Commission, at the request of the latter, all information relating to agreements or contracts concluded after the entry into force of this Treaty, within the purview thereof, by a& person or undertaking with a third State, an international organisation or a national of a third State, The Commission may require such communication only for the purpose of verifying that such agreements or contracts do not contain clauses impeding the implementation of this Treaty.
On application by the Commission, the Court of Justice shall give a ruling on the compatibility of such agreements or contracts with the provisions of this Treaty.
ARTICIE 105
The provisions of this Treaty shall not be invoked so as to prevent the implementation of agreements or contracts concluded before its entry into force by a Member State, a person or an undertaking with a third State, an international organisation or a national of a third State where such agreements or contracts have been communicated to the Commission not later than thirty days after the entry into force of this Treaty.
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Agreements or contracts concluded between the signature and the entry into force of this Treaty by a person or an undertaking with a third State, an international organisation or a national of a third State shall not, however, be invoked as grounds for failure to implement this Treaty if, in the opinion of the Court of Justice, ruling on an application from the Commission, one of the decisive reasons on the part of either of the parties in concluding the agreement or contract was an intention to evade the provisions of this Treaty,
ARTICLE 106
Member States which, before the entry into force of this Treaty, have concluded agreements with third States providing for cooperation in the field of nuclear energy shall be required to undertake jointly with the Commission the necessary negotiations with these third States in order to ensure that the rights and obligations arising out of such agreements shall as far as possible be assumed by the Community,
Any new agreement ensuing from such negotiations shall require the consent of the Member State or States signatory to the agreements referred to above and the approval of the Council, which shall act by a qualified majority,
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TITLE THREE
PROVISIONS GOVERNING THE INSTITUTIONS
I1/E
Chapter I
THE INSTITUTIONS OF THE COMMUNITY
Section I
The Assembly
ARTICLE 107
The Assembly, which shall consist of representatives of the peoples of the States brought together in the Community, shall exercise the advisory and supervisory powers which are conferred upon it by this Treaty.
ARTICLE 108
1. The Assembly shall consist of delegates who shall be designated by the respective Parliaments from among their members in accordance with the: procedure laid down by each Member State,
2. The number of these delegates shall be as follows :
Belgium. ...oso.oooo. 14 Germany....o.cocoe 36 FranCe..scsc..oc.0. 36 Italyeo..c.c.o.c.o.eo.e 36 Luxembourge.....os. 6 Netherlands. :se oso» 14 3. The Assembly shall draw up proposals for elections by direct universal suffrage in accordance with a uniform procedure in all Member States.
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The Council shall, acting unanimously, lay down the appropropriate provisions, which it shall recommend to Member States for adoption in accordance with their respective constitutional requirements.
ARTICLE 109
The Assembly shall hold an annual session. It shall meet, without requiring to be convened, on the third Tuesday in October. The Assembly may meet in extraordinary session at the request of a majority of its members or at the request of the Council or of the Commission.
ARTICLE 110
The Assembly shall elect its President and its officers from among its members. Members of the Commission may attend all meetings and shall, at their request, be heard on behalf of the Commission. The Commission shall reply orally or in writing to questions put to it by the Assembly or by its members. The Council shall be heard by the Assembly in accordance with the conditions laid down by the Council in its rules of procedure.
ARTICLE 111
Save as otherwise provided in this Treaty, the Assembly shall act by r an absolute majority of the votes cast. The rules of procedure shall determine the quorum,.
ARTICLE 112
The Assembly shall adopt its rules of procedure, acting by a majority of its members. The proceedings of the Assembly shall be published in the manner laid down in its rules of procedure,
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ARTICLE 113
The Assembly shall discuss in open session the annual general report submitted to it by the Commission,
ARTICLE 114
If a motion of censure on the activities of the Commission is tabled before it, the Assembly shall not vote thereon until at least three days after the mosion has been tabled and only by open vote.
If the motion of censure is carried by a two thirds majority of the votes cast, representing a majority of the members of the Assembly, the members of the Commission shall resign as a body. They shall continue to deal with current business until they are replaced in accordance with Article 127.
Section II
The Council
ARTICLE 115
The Council shall carry out its duties and exercise its powers of decision in accordance with the provisions of this Treaty.
It shall take all measures within its powers to coordinate the actions of the Member States and of the Community.
ARTICLE 116
The Council shall consist of representatives of the Member States, Each Government shall delegate to it one of its members,
The office of President shall be held for a term of six months by each member of the Council in turn, in the alphabetical order of the Member States.
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ARTICLE 117
The Council shall meet when convened by its President on his own initiative or at the request of one of its members or of the Commission.
ARTICLE 118
1. Save as otherwise provided in this Treaty, the Council shall act by a majority of its members,
2. Where the Council is required to act by a qualified majority, the votes of its members shall be weighted as follows :
Belgium. ...ccececoscs.oo000 NM GermanNys....scccoc.c000000- France. ..eccooo0ooo000 000 Italy. ..oooo0 00 00000 00000 BBR Luxembourg. ..s.esoecess.cvce NetherlandS......s+cosceec NN For their adoption, acts of the Council shall require at least :
- twelve votes in favour where this Treaty requires them to be adopted on a proposal from the Commission,
- twelve votes in favour, cast by at least four members, in other cases.
3e Abstentions by members present in person or represented shall not prevent the adoption by the Council of acts which require unanimity.
ARTICLE 119
Where, in pursuance of this Treaty, the Council acts on a proposal from the Commission, unanimity shall be required for an act constituting an amendment to that proposal. As long as the Council has not acted, the Commission may alter its original proposal, in particular where the Assembly has been consulted on that proposal.
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ARTICLE 120
Where a vote is taken, any member of the Council may also act on behalf of not more than one other member.
ARTICLE 121
The Council shall adopt its rules of procedure.
These rules of procedure may provide for the setting up of a committee consisting of representatives of the Member States. The Council shall determine the task and powers of that committee.
ARTICLE 122
The Council may request the Commission to undertake any studies which the Council considers desirable for the attainment of the common objectives, and to submit to it any appropriate proposals.
ARTICLE 123
The Council shall, acting by a qualified majority, determine the salaries, allowances and pensions of the President and members of the Commission, and of the President, Judges, Advocates-General and Registrar of the Court af Justice, It shall also, again by a qualified majority, determine any payment to be made instead of remuneration.
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Section ITI
The Commission
ARTICLE 124 In oråer to ensure the development of nuclear energy within the Community, the Commission shall : - ensure that the provisions of this Treaty and the measures taken by the institutions pursuant thereto are applied; - formulate recommendations or deliver opinions in the fields covered by this Treaty, if the Treaty expressly so provides or if the Commission considers it necessary; - have its own power of decision and participate in the shaping of measures taken by the Council and by the Assembly in the manner provided for in this Treaty; » exercise the powers conferred on it by the Council for the implementation of the rules laid down by the latter,
ARTICLE 125 The Commission shall publish annually, not later than one month before the opening of the session of the Assembly, a general report on the activities of the Community,
ARTICIE 126
1. The Commission shall consist of five members, each of a different nationality, who shall be chosen on the grounds of their general competence having regard to the special purpose of this Treaty, and whose independence is beyond doubt. The number of members of the Commission may be altered by the Council, acting unanimously. Only nationals of Member States may be members of the Commission.
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20 The members of the Commission shall, in the general interest of the Community, be completely independent in the performance of their duties. In the performance of these äuties, they shall neither seek nor take instructions from any Government or from any other body. They shall refrain from any action incompatible with their duties, Each Member State undertakes to respect this principle and not to seek to influence the members of the Commission in the performance of their tasks, The members of the Commission may not, äuring their term of office, engage in any other occupation, whether gainful or not, When entering upon their duties they shall give a solemn undertaking that, both during and after their term of office, they will respect the obligations arising therefrom and in particular their duty to behave with integrity and discretion as regarås the acceptance, after they have ceased to hold office, of certain appointments or benefits, In the event of any breacnh of these obligations, the Court of Jussice may, on application by the Council or the Commission, rule that the member concerned be, according to the circumstances, either compulsorily retired in accordance with the provisions of Article 129 or deprived of his right to a pension or other benefits in its stead,.
ARTICLE 127
The members of the Commission shall be appointed by common accord of the Governments of the Member States, Their term of office shall be four years, It shall be renewable.,
ARTICLE 128
Apart from normal replacement, or death, the duties of a member of the Commission shall end when he resigns or is compulsorily retired, The vacancy thus caused shall be filled for the remainder of the member's term of office, The Council may, acting unanimously, decide that such a vacancy need not be filled, Save in the case of compulsory retirement under the provisions of Article 129, members of the Commission shall remain in office until they have been replaced,
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ARTICLE 129
If any member of the Commission no longer fulfils the conditions required for the performance of his duties or if he has been guilty of serious misconduct, the Court of Justice may, on application by the Council or the Commission, compulsorily retire him, |
In such a case the Council may, acting unanimously and as a provisional measure, suspend the member from office and make provision for his replacement pending the ruling of the Court of Justice, The Court of Justice may, on application by the Council or the Commission, provisionally suspend the member from office,
ARTICLE 130
The President and the Vice-President of the Commission shall be appointed from among its members for a term of two years in accordance with the same procedure as that laid down for the appointment of members of the Commission, Their appointments may be renewed, Save where the entire Commission is replaced, such appointments shall be made after the Commission has been consulted. In the event of retirement or death, the President and the Vice- President shall be replaced for the remainder of their term of office in accordance with the provisions of the first paragraph.
ARTICLE 131
The Council and the Commission shall consult each other and shall settle by common accord their methods of cooperation. The Commission shall adopt its rules of procedure so as to ensure that both it and its departments operate in accordance with the provisions of this Treaty, It shall ensure that these rules of procedure are published,
ARTICLE 132
The Commission shall act by a majority of the number of members provided for in Article 126, A meeting of the Commission shall be valid only if the number of members laid down in its rules of procedure is present,
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ARTICLE 133
The Council may, acting unanimously, agree that the Government of a Member State accredit to the Commission a qualified representative to undertake permanent liaison duties.
ARTICLE 134
1, A Scientific and Technical Committee is hereby set up; it shall be attached to the Commission and shall have advisory status.
The Committee must be consulted where this Treaty so provides. The Committee may be consulted in all cases in which the Commission considers this appropriate. |
2. The Committee shall consist of twenty members, appointed by the Council after consultation with the Commission. The members of the Committee shall be appointed in their personal capacity for five years, Their appointment shall be renewable. They shall nos be bound by any mandatory instructions. The Scientific and Technical Committee shall each year elect its chairman and officers from amorig its members,
ARTICLE 135 The Commission may undertake any consultations and establish any study groups necessary to the performance of its tasks,
Section IV
The Court of Justice
ARTICLE 136 The Court of Justice shall ensure that in the interpretation and application of this Treaty the law is observed,
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ARTICLE 137
The Court of Justice shall consist of seven Judges. The Court of Justice shall sit in plenary session, It may, however, form chambers, each consisting of three or five Judges, either to undertake certain preparatory inquiries or to adjudicate on particular categories of cases in accordance with rules laid down for these purposes. Whenever the Court of Justice hears cases brought before it by a Member State or by one of the institutions of the Community or has to give preliminary rulings on questions submitted to it pursuant to Article 150, it shall sit in plenary session. Should the Court of Justice so request, the Council may, acting unanimously, increase the number of Judges and make the necessary adjustments to the second and third paragraphs of this Article and to the second paragraph of Article 139,
ARTICLE 138
The Court of Justice shall be assisted by two Aävocates-General . It shall be the duty of the Advocate-General, acting with complete impartiality and independence, to make, in open court, reasoned submissions on cases brought before the Court of Justice, in order to assist the Court in the performance of the task assigned to it in Article 136.
Should the Court of Justice so request, the Council may, acting unanimously, increase the number of Advocates-General and make the necessary adjustments to the third paragraph of Article 139.
ARTICLE 139
The Judges and Advocates-General shall be chosen from persons whose independence is beyond doubt and who possess the qualifications required for appointment to the highest judicial offices in their respective countries or who are jurisconsults of recognised competence; they shall be appointed by common accord of the Governments of the Member States for a term of six years. Every three years there shall be a partial replacement of the Judges. Three and four Judges shall be replaced alternately. The three Judges whose terms of office are to expire at the end of the first three years shall be chosen by lot.
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Every three years there shall be a partial replacement of the Advocates-General. The Advocate-General whose term of office is to expire at the endå of the first three years shall be chosen by lot. Retiring Judges and Advocates-General shall be eligible for reappointment. The Judges shall elect the President of the Court of Justice from among their rumber for a term of three years, He may be re-elected,.
ARTICLE 140
The Court of Justice shall appoint its Registrar and lay down the rules governing his service,
ARTICLE 141
If the Commission considers that a Member State has failed to fulfil an obligation under this Treaty, it shall deliver a reasoned opinion on the matter after giving the State concerned the opportunity to submit its observations. If the State concerned does not comply with the opinion within the period laid down by the Commission, the latter may bring the matter before the Court of Justice.
ARTICLE 142
A Nember State which considers that another Member State has failed to fulfil an obligation under this Treaty may bring the matter before the Court of Justice, Before a Member State brings an action against another Member State for an alleged infringement of an obligation under this Treaty, it shall bring the matter before the Commission. The Commission shall deliver a reasoned opinion after each of the States concerred has been given the opportunity to submit its own case and its observations on the other party's case both orally and in writing. If the Commission has not delivered an opinion within three months of the äate on which the matter was brought before it, the absence of such opinion shall not prevent the matter from being brought before the Court of Justice.
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ARTICLE 143
If the Court of Justice finds that a Member State has failed to fulfil an obligation under this Treaty, the State shall be required to take the necessary measures to comply with the judgment of the Court of Justice,
ARTICLE 144
The Court of Justice shall have unlimited jurisdiction in : (a) proceedings instituted under Article 12 to have the appropriate terms fixed for the granting by the Commission of licences or sub-licences;
(b) proceedings instituted by persons or undertakings against sanctions imposed on them by the Commission under Article 83.
ARTICLE 145
If the Commission considers that a person or undertaking has committed an infringement of this Treaty to which the provisions of Article 83 do not apply, it shall call upon the Member State having jurisdiction over that person or undertaking to cause sanctions to be imposed in respect of the infringement in accordance with its national law. If the State concerned does not comply with such a request within the period laid down by the Commission, the latter may bring an action before the Court of Justice to have the infringement of which the person or undertaking is accused established,
ARTICLE 146
The Court of Justice shall review the legality of acts of the Council and the Commission other than recommendations or opinions. It shall for this purpose have jurisdiction in actions brought by a Member State, the Council or the Commission on grounds of lack of competence, infringement of an essential procedural requirement, infringement of this Treaty or of any rule of law | relating to its application, or misuse of powers. Any natural or legal person may, under the same conditions, institute proceedings against a decision addressed to that person or against a decision | which, although in the form of a regulation or a decision addressed to another person, is of direct and individual concern to the former.
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The proceedings provided for in this Article shall be instituted within two months of the publication of the measure, or of its notification to the plaintiff, or, in the absence thereof, of the day on which it came to the knowleäåge of the latter, as the case may be.
ARTICLE 147
If the action is well founded, the Court of Justice shall declare the act concerned to be void. In the case of a regulation, however, the Court of Justice shall, if it considers this necessary, state which of the effects of the regulation which it has declared void shall be considered as definitive.
ARTICLE 148
Should the Council or the Commission, in infringement of this Treaty, fail to act, the Member States and the other institutions of the Community may bring an action before the Court of Justice to have the infringement established. The action shall be admissible only if the institution concerned has first been called upon to act. If, within two months of being so called upon, the institution concerned has not defined its position, the action may be brought within a further period of two months. Any natural or legal person may, under the conditions laid down in the preceding paragraphs, complain to the Court of Justice that an institution of the Community has failed to address to that person any act other than a recommendation or an opinion.
ARTICLE 149
The institution whose act has been declared void or whose failure to act has been declared contrary to this Treaty shall be required to take the necessary measures to comply with the judgment of the Court of Justice. This obligation shall not affect any obligation which may result from the application of the second paragraph of Article 188.
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ARTICLE 150
The Court of Justice shall have jurisdiction to give preliminary rulings concerning : (a) the interpretation of this Treaty;
(b) the validity and interpretation of acts of the institutions of the Community; | (ec) the interpretation of the statutes of bodies established by an act of the Council, save where those statutes provide otherwise. Where such a question is raised before any court or tribunal of a Member State, that court or tribunal may, if it considers that a decision on the question is necessary to enable it to give judgment, request the Court of Justice to give a ruling thereon,.
Where any such question is raised in a case pending before a court or tribunal of a Member State, against whose decisions there is no judicial remedy under national law, that court or tribunal shall bring the matter before the Court of Justice,
ARTICLE 151
The Court of Justice shall have jurisdiction in disputes relating to the compensation for damage provided for in the second paragraph of Article 188.
ARTICLE 152
The Court of Justice shall have jurisdiction in any dispute between the Community and its servants within the limits and under the conditions laid down in the Staff Regulations or the Conditions of Employment.
ARTICLE 153
The Court of Justice shall have jurisdiction to give judgment pursuant to any arbitration clause contained in a contract concluded by or on behalf of the Community, whether that contract be governed by public or private law.
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ARTICLE 154
The Court of Justice shall have jurisdiction in any dispute between Member States which relates to the subject matter of this Treaty if the dispute is submitted to it under a special agreement between the parties,
ARTICLE 155
Save where jurisdiction is conferred on the Court of Justice by this Treaty, disputes to which the Community is a party shall not on that ground be exceluded from the jurisdiction of the courts or tribunals of the Member States,
ARTICLE 156
Notwithstanding the expiry of the period laid down in the third paragraph of Article 146, any party may, in proceedings in which a regulation of the Council or of the Commission is in issue, plead the grounds specified in the first paragraph of Article 146, in order to invoke before the Court of Justice the inapplicability of that regulation.
ARTICLE 157
Save as otherwise provided in this Treaty, actions brought before the Court of Justice shall not have suspensory effect, The Court of Justice may, however, if it considers that circumstances so require, order that application of the contested act be suspended,
ARTICLE 158
The Court of Justice may in any cases before it prescribe any necessary interim measures,
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ARTICLE 159
The judgments of the Court of Justice shall be enforceable under the conditions laid down in Article 164,
ARTICLE 160
The Statute of the Court of Justice is laid down in a separate Protocol. The Court of Justice shall adopt its rules of procedure, These shall require the unanimous approval of the Council,
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Chapter II PROVISIONS COMMON TO SEVERAL INSTITUTIONS
ARTICLE 161
In order to carry out their task the Council and the Commission shall, in accordance with the provisions of this Treaty, make regulations, issue directives, take decisions, make recommendations or deliver opinions.
A regulation shall have general application, It shall be binding in its entirety and directly applicable in all Member States. A directive shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods. A decision shall be binding in its entirety upon those to whom it is addressed,
Recommendations and opinions shall have no binding force,
ARTICLE 162
Regulations, directives and decisions of the Council and of the Commission shall state the reasons on which they are based and shall refer to any proposals or opinions which were required to be obtained pursuant to this Treaty.
ARTICLE 163
Regulations shall be published in the Official Journal of the Community. They shall enter into force on the date specified in them or, in the absence thereof, on the twentieth day following their publication,
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Directives and decisions shall be notified to those to whom they are addressed and shall take effect upon such notification,
ARTICLE 164
Enforcement shall be governed by the rules of civil procedure in force in the State in the territory of which it is carried out. The order for its enforcement shall be appended to the decision, without other formality than verification of the authenticity of the decision, by the national authority which the Government of each Member State shall designate for this purpose and shall make known to the Commission, to the Court of Justice and to the Arbitration Committee set up by Article 18.
When these formalities have been completed on application by the party concerned, the latter may proceed to enforcement in accordance with the national law, by bringing the matter directly before the competent authority.
Enforcement may be suspended only by a decision of the Court of Justice, However, the courts of the country concerned shall have jurisdiction over complaints that enforcement is being carried out in an irregular manner,
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Chapter III
THE ECONOMIC AND SOCIAL COMMITTEE
ARTICLE 165
An Economic and Social Committee is hereby established. It shall have advisory status. The Committee shall consist of representatives of the various categories of economic and social activity.
ARTICLE 166
The number of members of the Committee shall be as follows: Belgium. .........s.cseco. 12 Germany. .....sssseo.ee 24 France. .csscsooeccsccco00 24 ItalYy......sococo00000 24 Luxembourg. .....s.c... 9 NetherlandsS........... 12 The members of the Committee shall be appointed by the Council, acting unanimously, for four years. Their appointments shall be renewable.
The members of the Committee shall be appointed in their personal capacity and may not be bound by any manådatory instructions.
ARTICLE 167
1. For the appointment of the members of the Committee, each Member State shall provide the Council with a list containing twice as many candidates as there are seats allotted to its nationals.
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The composition of the Committee shall take account of the need to ensure adequate representation of the various categories of economic and social activity. 2. The Council shall consult the Commission. It may obtain the opinion of European bodies which are representative of the various economic and social sectors to which the activities of the Community are of concern.
ARTICLE 168
The Committee shall elect its chairman and officers from among its members for a term of two years. It shall adopt its rules of procedure and shall submit them to the Council for its approval, which must be unanimous. The Committee shall be convened by its chairman at the request of the Council or of the Commission.
ARTICLE 169
The Committee may be divided into specialised sections. These specialised sectons shall operate within the general terms of reference of the Committee. They may not be consulted independently of the Committee. Subcommittees may also be established within the Committee to prepare, on specific questions or in specific fields, draft opinions to be submitted to the Committee for its consideration. The rules of procedure shall lay down the methods of composition and the terms of reference of the specialised sections and of the subcommittees.
ARTICLE 170
The Committee must be consulted by the Council or by the Commission where this Treaty so provides, The Committee may be consulted by these institutions in all cases in which they consider it appropriate.
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The Council or the Commission shall, if it considers it necessary, set the Committee, for the submission of its opinion, a time limit which may not be less than ten days from the date on which the chairman receives notification to this effect. Upon expiry of the time limit, the absence of an opinion shall not prevent further action, The opinion of the Committee and that of the specialised section, together with a record of the proceedings, shall be forwarded to the Council and to the Commission.
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TITLE FOUR
FINANCIAL PROVISIONS
II/E
ARTICLE 171 1. Estimates shall be drawn up for each financial year of all revenue and expenditure of the Community, other than those of the Agency and the Joint Undertakings, and such revenue and expenditure shall be shown either in the operating budget or in the research and investment budget. The revenue and expenditure shown in each budget shall be in balance. 2. The revenue and expenditure of the Agency, which shall operate in accordance witn commercial principles, shall be budgeted for in a special account. The manner of estimating, implementing and auditing such revenue and expenditure shall be laid down, with due regard to the statutes of the Agency, in financial regulations made pursuant to Article 183,
3. The estimates of revenue and expenditure, together with the operating accounts and the balance sheets of the Joint Undertakings for each financial year, shall be placed before the Commission, the Council and the Assembly in accordance with the statutes of those Undertakings.
ARTICLE 172
1. Tne operating budget revenue shall include, irrespective of any other current revenue, financial contributions of Member States on the following scale:
Belgium. .......sssoso000 7149 Germany. ..s...ossscoco00 280 FranCe...sccscsossoc 000 28 ItalYys...s..scsocccocs000 28 Luxembourg. .....s.ce0. 0 0.2 Netherlands s.....so00 « 7.9
2. The research and investment budget revenue shall include, irrespective
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of any other resources, financial contributions of Member States on the following scale:
Belgium. ......secos.sec.0> 9I,.9 Germany.....soesocoo.0 30 France. .scosoooooo0c000 30 Italy. ..s.csoscococ 00000 23 Luxembourg... .escese00 0 O.2 Netherlands. ........0. 649
3. The scales may be modified by the Council, acting unanimously. 4. Loans for the financing of research or investment shall be raised on terms fixed by the Council in the manner provided for in Article 177 (5). The Community may borrow on the capital market of a Member State, either in accordance with the legal provisions applying to internal issues, or, if there are no such provisions in a Member State, after the Member State concerned and the Commission have conferred together and have reached agreement upon the proposed loan. The competent authorities of the Member State concerned may refuse to give their assent only if there is reason to fear serious disturbances on the capital market of that State.
ARTICLE 173
The financial contributions of Member States provided for in Article 172 may be replaced in whole or in part by the proceeds of levies collected by the Community in Member States.
To this end, the Commission shall submit to the Council proposals concerning the assessment of such levies, the method of fixing their rate and the procedure for their collection. After consulting the Assembly on these proposals the Council may, acting unanimously, lay down the appropriate provisions, which it shall recommend to the Member States for adoption in accordance with their respective constitutional requirements.
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ARTICLE 174 1. The expenditure shown in the operating budget shall include in particular : (a) administrative expenditure; (b) expenditure relating to safeguards and to health and safety.
2. The expenditure shown in the research and investment budget shall include in particular : (a) expenditure relating to the implementation of the Community research programme; (b) any participation in the capital of the Agency and in its investment expenditure; (c) expenditure relating to the equipment of training establishments; (d) any participation in Joint Undertakings or in certain joint operations.
ARTICLE 175
The expenditure shown in the operating budget shall be authorised for one finarcial year, unless the regulations made pursuant to Article 183 provide otherwise. In accordance with conditions to be laid down pursuant to Article 183, any appropriations, other than those relating to staff expenditure, that are unexpended at the end of the financial year may be carried forward to the next financial year only.
Appropriations to cover expenditure shall be classified under different chapters grouping items of expenditure according to their nature or purpose and subdivided, as far as may be necessary, in accordance with the regulations made pursuant to Article 183. The expenditure of the Assembly, the Council, the Commission and the Court of Justice shall be set out in separate parts of the budget, without prejudice to special arrangements for certain common items of expenditure.
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ARTICLE 176
1, Subject to the limits resulting from programmes or decisions involving expenditure which, in pursuance of this Treaty, require the unanimous approval of the Council, allocations for research and investment expenditure shall include : (a) commitment appropriations, covering a series of items which constitute a separate unit and form a coherent whole; (b) payment appropriations which represent the maximum amount payable each year in respect of the commitments entered into under subparagraph (a).
2. The schedule of due dates for commitments and payments shall be annexed to the corresponding draft budget proposed by the Commission. 3. Appropriations for research and investment shall be classified under different chapters grouping items of expenålture according to their nature or purpose and subdivided, as far as may be necessary, in accordance with the regulations made pursuant to Article 183. 4. Unuseåd payment authorisations shall be carried forward to the next financial year by decision of the Commission, unless the Council decides otherwise.
ARTICLE 177
1. The financial year shall run from 1 January to 31 December. 2. Each institution of the Community shall draw up estimates of its administrative expenditure. The Commission shall consolidate these estimates in a preliminary draft operating budget. It shall attach thereto an opinion which may contain different estimates. It shall also prepare a preliminary draft research and investment budget. The Commission shall place the preliminary draft budgets before the Council not later than 30 September of the year preceding that in which these budgets are to be implemented. The Council shall consult the Commission and, where appropriate, the other institutions concerned, whenever it intends to depart from the preliminary draft budgets.
3. The Council shall, acting by a qualified majority, establish the draft budgets and forward them to the Assembly. The draft budgets shall be placed before the Assembly not later than 31 October of the year preceding that in which these budgets are to be implemented, II/E = 92 -
The Assembly shall have the right to propose to the Council modifications to the draft buägets. 4, If, within one month of the draft buågets being placed before it, the Assembly has given its approval or has not forwarded its opinion to the Council, the draft budgets shall be deemed to be finally adopted.
If within this period the Assembly has proposed modifications, the åraft budgets so modified shall be forwarded to the Council. The Council shall discuss them with the Commission, and, where appropriate, with the other institutions concerned, and shall then finally adopt the budgets, acting by a qualifieå majority, subject to the limits resulting from programmes or: decisions involving expenditure which, by virtue of this Treaty, require the unanimous approval of the Council.
5. For the adoption of the research and investment budget the votes of the members of the Council shall be weighted as follows: Belgium. ......v....os 9 Germany. .....s.scsccc. 0. 30 France, ...scoceoc0000 30 Italy. .....scc.ooc0000 0 23 Luxembourg. ......... 1 Netherlands. ........ 7 For their adoption, acts of the Council shall require at least 67 votes cast in their favour.
ARTICLE 178
If, at the beginning of a financial year, the operating budget has not yet been voted, a sum equivalent to not more than one twelfth of the budget appropriations for the preceding financial year may be spent each month in respect of any chapter or other subdivision of the budget in accordance with the provisions of the regulations made pursuant to Article 183; this arrangement shall not, however, have the effect of placing at the disposal of the Commission appropriations in excess of one twelfth of those provided for in the draft budget in course of preparation. If, at the beginning of a financial year, the research and investment budget has not yet been voted, a sum equivalent to not more than one twelfth of the appropriations corresponding to the annual estimates shown in the schedule of due dates for payments relating to commitment appropriations already approved may be spent each month in respect of any chapter or other subdivision of the budget in accordance with the provisions of the regulations made pursuant to Article 183.
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The Council may, acting by a qualified majority, provided that the other conditions laid down in the first and second paragraphs are observed, authorise expenditure in excess of one twelfth, subject to the limits resulting from programmes or decisions ivolving expenditure which, in pursuance of this Treaty, require the unanimous approval of the Council, Member States shall pay every month, on a provisional basis and in accordance with the scales laid down for the preceding financial year, the amounts necessary to ensure application of this Article.
ARTICLE 179
The Commission shall implement the budgets, in accordance with the provisions of the regulations made pursuant to Article 183, on its own responsibility and within the limits of the appropriations.
The regulations shall lay down detailed rules for each institution concerning its part in effecting its own expenditure, Within the budgets, the Commission may, subject to the limits anå conditions laid down in the regulations made pursuant to Article 183, transfer appropriations from one chapter to another or from one subdivision to another.
ARTICLE 180
The accounts of all revenue and expenditure shown in each budget shall be examined by an Audit Board consisting of auditors whose independence is beyond doubt, one of whom shall be chairman. The Council shall, acting unanimously, determine the number of the auditors. The auditors and the chairman of the Audit Board shall be appointed by the Council, acting unanimously, for a period of five years. Their remuneration shall be determined by the Council, acting by a qualified majority.
The purpose of the audit, which shall be based on records and, if necessary, performed on the spot, shall be to establish that all revenue has been received and all expenditure incurred in a lawful and regular manner and that the financial management has been sound. After the close of each financial year, the Audit Board shall draw up a report, which shall be adopted by a majority of its members. The Commission shall submit annually to the Council and to the Assembly the accounts of the preceding financial year relating to the implementation of each budget, together with the report of the Audit Board. The Commission shall also forward to them a financial statement showing the assets and liabilities of the Community.
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The Council shall, acting by qualified majority, give a discharge to the Commission in respect of the implementation of each budget. It shall communicate its decision to the Assembly.
ARTICLE 181
The budgets and the account provided for in Article 171 (1) and (2) shall be drawn up in the unit of account determined in accordance with the provisions of the financial regulations made pursuant to Article 183. The financial contributions provided for in Article 172 shall be placed at the disposal of the Community by the Member States in their national currencies.
The available balances of these contributions shall be deposited with the Treasuries of Member States or with bodies designated by them, While on deposit, such funds shall retain the value corresponding to the parity, at the date of deposit, in relation to the unit of account referred to in the first paragraph. The balances may be invested on terms to be agreed between the Commission and the Member State concerned.
ARTICLE 182
1. The Commission may, provided it notifies the competent authorities of the Member States concerned, transfer into the currency of one of the Member States its holdings of currency of another Member State, to the extent Necessary to enable them to be used for purposes which come within the scope of this Treaty, The Commission shall as far as possible avoid making such transfers if it possesses cash or liquid assets in the currencies which it needs.
2. The Commission shall deal with each Member State through the authority designated by the State concerned. In carrying out financial operations the Commission shall employ the services of the bank of issue of the Member State concerr.ed or of any other financial institution approved by that State. 3. AS regards expenditure which the Community nas to incur in the currencies of third countries, the Commission shall, before the budgets are finally adopted, submit to the Council a programme indicating anticipated revenue and expenditure in the different currencies.
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This programme shall be approved by the Council, acting by a qualified majority. It may be modified in the course of the financial year in accordance with the same procedure.
4, Member States shall provide the Commission with the currency of third countries needed for the expenditure shown in the programme provided for in paragraph 3 according to the scales laid down in Article 172. Amounts collected by the Commission in the currency of third countries shall be transferred to Member States in accordance with the same scales. 5e The Commission may freely make use of any amounts in tne currency of tnird countries åerived from loans it has raised in such countries. 6, The Council may, acting unanimously on a proposal from the Commission, apply, in whole or in part, to the Agency and to Joint Undertakings the exchange arrangements provided for in the preceding paragraphs, and, where appropriate, adapt these arrangements to their operational requirements.
ARTICLE 183
The Council shall, acting unanimously on a proposal from the Commission : (a) make financial regulations specifying in particular the procedure to be adopted for establishing and implementing the budgets, including that of the Agency, and for presenting and auditing accounts; (b) determine the methods and procedure whereby the contributions of Member States shall be made available to the Commission; (c) lay down rules concerning the responsibility of authorising officers and accounting officers and concerning appropriate arrangements for inspection.
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TITLE FIVE
GENERAL PROVISIONS
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ARTICLE 184
The Community shall have legal personality.
ARTICLE 185
In each of the Member States, the Community shall enjoy the most extensive legal capacity accorded to legal persons under their laws; it may, in particular, acquire or dispose of movable and immovable property and may be a party to legal proceedings. To this end, the Community shall be represented by the Commission.
ARTICLE 186
The Council shall, acting unanimously, in cooperation with the Commission and after consulting the other institutions concerned, lay down the Staff Regulations of officials and the Conditions of Employment of other servants of the Community. After this Treaty has been in force for four years, the Staff Regulations and Conditions of Employment may be amended by the Council, acting by a qualified majority on a proposal from the Commission and after consulting the other institutions concerned,
ARTICLE 187
Tke Commission may, within the limits and under the conditions laid down by the Council in accordance with the provisions of this Treaty, collect any information and carry out any ehecks required for the performance of the tasks entrusted to it.
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ARTICLE 188
The contractual liability of the Community shall be governed by the law applicable to the contract in question, In the case of non-contractual liability, the Community shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its institutions or by its servants in the performance of their duties,
The personal liability of its servants towards the Community shall be governed by the provisions laid down in the Staff Regulations or in the Conditions of Employment applicable to them.
ARTICLE 189
The seat of the institutions of the Community shall be determined by common accorå of the Governments of the Member States,
ARTICLE 190
The rules governing the languages of the institutions of the Community shall, without prejudice to the provisions contained in the rules of procedure of the Court of Justice, be determined by the Council, acting unanimously.
ARTICLE 191
The Community shall enjoy in the territories of the Member States such privileges and immunities as are necessary for the performance of its tasks, under the conditions laid down in a separate Protocol.
ARTICLE 192
Member States shall take all appropriate measures, whether general or particular, to ensure fulfilment of the obligations arising out of this Treaty or resulting from action taken by the institutions of the Community. They shall facilitate the achievement of the Community's tasks.
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They shall abstain from any measure which eould jeopardise the attainment of the objectives of this Treaty.
ARTICLE 193
Member States undertake not to submit a dispute concerning the interpretation or application of this Treaty to any method of settlement other tnan those provided for therein.
ARTICLE 194
1. The members of the institutions of the Community, the members of committees, the officials and other servants of the Community and any other persons who by reason of their duties or their public or private relations with the institutions or installations of the Community or with Joint Undertakings are called upon to acquire or obtain cognizance of any facts, information, knowledge, documents or objects which are subject to a security system in accordance with provisions laid down by a Member State or by an institution of the Community, shall be required, even after such duties or relations have ceased, to keep them secret from any unauthorised person and from the general public, Each Member State shall treat any infringement of this obligation as an act pre judicial to its rules on secrecy and as one falling, both as to merits and jurisdiction, within the scope of its laws relating to acts prejudicial to the security of the State or to disclosure of professional secrets, Such Nember State shall, at the request of any Member State concerned or of the Commission, prosecute anyone within its jurisdiction who commits such an infringement. 2. Each Member State shall communicate to the Commission all provisions regulating within its territories the classification and secrecy of information, knowledge, documents or objeets covered by this Treaty. The Commission shall ensure that these provisions are communicated to the other Member States. Each Member State shall take all appropriate measures to facilitate the gradual. establishment of as uniform and comprehensive a security system as possible, The Commission may, after consulting the Member States concerned, make recommendations for this purpose.
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3e The institutions of the Community, their installations and also the Joint Undertakings shall be required to apply the rules of the security system in force in the territory in which each of them is situated,
4, Any authorisation granted either by an institution of the Community or by a Member State to a person carrying out his activities within the field covered by this Treaty to have access to facts, information, documents or objects covered by this Treaty which are subject to a security system, shall be recognised by every other institution and every other Member State,
5, The provisions of this Article shall not prevent application of special provisions resulting from agreements coneluded between a Member State and a tnird State or an international organisation,
ARTICLE 195
The institutions of the Community, the Agency and the Joint Undertakings shall, in applying this Treaty, comply with the conditions of access to ores, source materials and special fissile materials laid down in national rules and regulations made for reasons of public policy or publie health.
ARTICLE 196
For the purposes of this Treaty, save as otherwise provided therein : (a) "person" means any natural person who pursues all or any of his activities in the territories of Member States within the field specified in the relevant chapter of this Treaty; (b) "undertaking" means any undertaking or institution which pursues all or any of its activities in the territories of Member States within the field specified in the relevant Chapter of this Treaty, whatever its public or private legal status.
ARTICLE 197
For the purposes of this Treaty :
1. "Special fissile materials" means plutonium-239; uranium-233; uranium enriched in uranium-235 or uranium-233; and any substance containing one or
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more of the foregoing isotopes and such other fissile materials as may be specified by the Council, acting by a qualified majority on a proposal from the Commission; the expression "special fissile materials” does not, however, inelude source materials.
2. "Uranium enriched in uranium=235 or uranium=233" means uranium containing uranium-235 or uranium=233 or both in an amount such that the abundance ratio of the sum of these isotopes to isotope 238 is greater than the ratio of isotope 235 to isotope 238 occurring in nature.
3. "Source materials" means uranium oontaining the mixture of isotopes occurring in nature; uranium whose content in uranium=235 is less than the normal; thorium; any of the foregoing in the form of metal, alloy, chemical compounid or concentrate; any other substance containing one or more of the foregoing in such a concentration as shall be specified by the Couneil, acting by a qualified majority on a proposal from the Commission,
4. "Ores" means any ore containing, in such average concentration as shall be specified by the Council acting by a qualified majority on a proposal from the Commission, substances from which the source materials defined above may be obtained by the appropriate chemical and physical processing.
ARTICLE 198
Save as otherwise provided, this Treaty shall apply to the European territories of Member States and to non-European territories under their jurisdiction,
It shall also apply to the European territories for whose external relations a Member State is responsible,
ARTICLE 199
It shall be for the Commission to ensure the maintenance of all appropriate relations with the organs of the United Nations, of its specialised agencies and of the General Agreement on Tariffs and Trade, The Commission shall also maintain such relations as are appropriate with all international organisations,
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ARTICLE 200
The Community shall establish all appropriate forms of cooperation with the Council of Europe,
ARTICLE 201
The Community shall establish close cooperation with the Organisation for European Economic Cooperation, the details to be åetermined by common accord,.
ARTICLE 202
The provisions of this Treaty shall not preclude the existence or completion of regional unions between Belgium and Luxembourg, or between Belgium, . Luxembourg and the Netherlanås, to the extent that the objectives of these regional unions are not attained by application of this Treaty.
ARTICLE 203
If action by the Community should prove necessary to attain one of the objectives of the Community and this Treaty has not provided the necessary powers, the Council shall, acting unanimously on a proposal from the Commission and after consulting the Assembly, take the appropriate measures.
ARTICLE 204
The Government of any Member State or the Commission may submit to the Council proposals for amendment of this Treaty. If the Council, after consulting the Assembly and, where appropriate, the Commission, delivers an opinion in favour of calling a conference of representatives of the Governments of the Member States, the conference shall be convened by the President of the Council for the purpose of determining by common accord the amendments to be made to this Treaty. The amendments shall enter into force after being ratified by all the Member States in accordance with their respective constitutional requirements.
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ARTICLE 205
Any European State may apply to become a member of the Community. It shall address its application to the Council, which shall act unanimously after obtaining the opinion of the Commission. The conditions of admission and the adjustments to this Treaty necessitated thereby shall be the subject of an agreement between the Member States and the applicant State. This agreement shall be submitted for ratification by all the Contracting States in accordance with their respective constitutional requirements,
ARTICLE 206
The Community may conclude with a third State, a union of States or an international organisation agreements establishing an association involving reciprocal rights and obligations, common action and special procedures. These agreements shall be concluded by the Council, acting unanimously after consulting the Assembly. Where such agreements call for amendments to this Treaty, these amendments shall first be adopted in accordance with the procedure laid down in Article 204.
ARTICLE 207
The Protocols annexed to this Treaty by common accord of the Member States shall form an integral part thereof.
ARTICLE 208
This Treaty is concluded for an unlimited period.
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TITLE SIX
PROVISIONS RELATING TO THE INITIAL PERIOD
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Section I Setting up of the institutions
ARTICLE 209
The Council shall meet within one month of the entry into force of this Treaty.
ARTICLE 210
The Council shall, within three months of its first meeting, take all appropriate measures to constitute the Economic and Social Committee.
ARTICLE 211
The Assembly shall meet within two months of the first meeting of the Council, having been convened by the President of the Council, in order to elect its officers and draw up its rules of procedure. Pending the election of its officers, the oldest member shall take the chair,
ARTICLE 212
The Court of Justice shall take up its duties as soon as its members have been appointed, Its first President shall be appointed for three years in the same manner as its members,
The Court of Justice shall adopt its rules of procedure within three months of taking up its duties,.
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No matter may be brought before the Court of Justice until its rules of procedure have been published. The time within which an action must be brought shall run only from the date of this publication. Upon his appointment, the President of the Court of Justice shall exercise the powers conferred upon him by this Treaty,
ARTICLE 213 The Commission shall take up its duties and assume the responsibilities conferred upon it by this Treaty as soon as its members have been appointed,. Upon taking up its duties, the Commission ghall undertake the studies and arrange the contacts with Member States, undertakings, workers and consumers needed for making an overall survey of the situation of nuclear industries in the Community, The Commission shall submit a report on this subject to the Assembly within six months,
ARTICLE 214 1. The first financial year shall run from the date when this Treaty enters into force until 31 December following, Should this Treaty, however, enter into force during the second half of the year, the first financial year shall run until 31 December of the following year, 2. Until the buågets for the first financial year have been established, Member States shall make the Community interest-free advances which shall be deducted from their financial contributions to the implementation of these budgets. 3. Until the Staff Regulations of officials and the Conditions of Employment of other servants of the Community provided for in Article 186 have been laid down, each institution shall recruit the staff it needs and to this end conclude contracts of limited duration. Each institution shall examine together with the Council any question concerning the number, remuneration and distribution of posts,
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Section II
Provisions for the initial application of this Treaty
ARTICIE 215
1. An initial research and training programme, which is set out in Annex V to this Treaty and the cost of which shall not, unless the Council unanimously decides otherwise, exceed 215 million EPU units of account, shall be carried out within five years of the entry into force of this Treaty.
2e A breakdown of the expenditure necessary for the implementation of this programme is set out by way of illustration under main subdivisions in Annex V. The Council may, acting by a qualified majority on a proposal from the Commission, modify this programme ,.
ARTICLE 216
The Commission proposals on the way in which the institution of university status referred to in Article 9 is to function shall be submitted to the Council within one year of the entry into force of this Treaty.
ARTICLE 217
The security regulations provided for in Article 24 concerning the security gradings applicable to the dissemination of information shall be adoptec by the Council within six months of the entry into force of this Treaty.
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ARTICIE 218
The basic standards shall be determined in accordance with the provisions of Article 31 within one year of the entry into force of this Treaty.
ARTICIE 219
Provisions laid down by law, regulation or administrative action to ensure the protection of the health of the general public and of workers in the territories of Member States against the dangers arising from ionising radiations shall, in accordance with Article 33, be communicated to the Commission by these States within three months of the entry into force of this Treaty.
ARTICLE 220
The Commission proposals relating to the statutes of the Agency which are provided for in Article 54 shall be submitted to the Council within three months of the entry into force of this Treaty.
"Section ITI
Transitional provisions
ARTICLE 221
The provisions of Articles 14 to 23 and of Articles 25 to 28 shall apply to patents, provisionally protected patent rights and utility models, and also | to patent and utility model applications in existence before the entry into force of this Treaty, under the following conditions:
1. When assessing the period of time referred to in Article 17(2), allowance shall be made, in favour of the owner, for the new situation created by the entry into force of this Treaty.
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20 With regard to the communication of an invention which is not secret, where either or both of the periods of three and eighteen months referred to in Article 16 have expired at the date on which this Treaty enters into force, a further period of six months shall run from that åate.,. If either or both of those periods remain unexpired at that date, they shall be extended by six months from the date of their normal expiry.
3. The same provisions shall apply to the communication of a secret invention in accordance with Article 16 and Article 25(1); in such case, however, the date of entry into force of the security regulations referreå to in Article 24 shall be the date taken as the starting point for the new period or for the extension of a current period,
ARTICLE 222
During the period between the date of entry into force of this Treaty and the date fixed by the Commission on which the Agency takes up its duties, agreements and contracts for the supply of ores, source materials or special fissile materials shall be concluded or renewed only with the prior approval of the Commission.
The Commission shall refuse to approve the conclusion or renewal of any agreements and contracts which it considers would prejudice the implementation of this Treaty. It may in particular make its approval dependent upon the insertion in agreements and contracts of clauses permitting the Agency to take part in carrying them out,
ARTICLE 223
By way of derogation from the provisions of Article 60, reactors installed in the territories of a Member State which may go critical before the expiry of a period of seven years from the date of entry into force of this Treaty shall, during a period of not more than ten years from that date, in order to take account of work and studies already initiated, be granted priority which may be exercised in respect both of supplies of ores or source materials coming from the territories of that State and also of supplies of source materials or special fissile materials which are the subject of a bilateral agreement concluded before the entry into force of this Treaty and communicated to the Commission in accordance with Article 105,
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The same priority shall be granted during the same period of ten years in respect of supplies for any isotope separation plant, whether or not it constitutes a Joint Undertaking, which comes into operation in the territory of a Member State before the expiry of a period of seven years from the date of entry into force of this Treaty. The Agency shall conclude the appropriate contracts, after the Commission has ascertained that the conditions for the exercise of the right of priority have been fulfilled.
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FINAL PROVISIONS
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ARTICLE 224
This Treaty shall be ratified by the High Contracting Parties in accordance with their respective constitutional requirements, The instruments of ratification shall be deposited with the Government of the Italian Republic, This Treaty shall enter into force on the first day of the month following the deposit of the instrument of ratification by the last signatory State to take this step. If, however, such deposit is made less than fifteen days tefoöre the beginning of the following month, this Treaty shall not enter inte force until the first day of the second month after the date of such deposit,.
ARTICLE 225
This Treaty, drawn up in a single original in the Dutch, French, German and Ttalian languages, all four texts being equally authentic, shall be deposited in the archives of the Government of the Italian Republic, which shall transmit a certified copy to each of the Governments of the other signatory States.
IN WITNESS WHEREOF, the undersigned Plenipotentiaries have signed this Treaty.
Done at Rome this twenty-fifth day of March in the year one thousand nine hundred and fifty-seven,.
PÅ, H. SPAAK. Je. Oh, SNOY et d'OPPUERS.
ADENAUER. HALLSTEIN.
PINEAU. . M., FAURE.
Antonio SEGNI. Gaetano MARTINO.
BECH. Lambert SCHAUS.
Je LUNS. Je LINTHORST HOMAN.
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ANNEXES
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ANNÉEX I
Fields of research concerning
NUCLEAR ENERGY
referred to in Article 4 of this Treaty
I . Raw materials
1. Methods for the prospecting and mining of base materials (uranium, thorium and other products of particular importance in the field of nuclear energy). 240 Methods of concentrating these materials and converting them into technically pure compounds, 3. Methods of converting these technically pure compounds into nuclear-grade compounds and metals, 4. Methods for the conversion and processing of these compounds and metals as well as plutonium, uranium-235 or uranium=233, either pure or combined with such compounds or metals —- into fuel elements by the chemical, ceramic or metallurgical industries, De Methods of protecting such fuel elements against corrosion or erosion by external agents, Methods of producing, refining, processing and preserving other special materials used in the field of nuclear energy, in particular : (a) moderators, such as heavy water, nuclear-grade graphite, beryllium and beryllium oxide;
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(b) structural materials such as zirconium (hafnium-free), niobium, lanthanum; titanium, beryllium and their oxides, carbides and other compounds capable of being used in the field of nuclear energy; (c) coolants, such as helium, organic liquids, sodium, sodium-potassium alloys, bismuth, lead-bismuth alloys, 7. Methods of isotope separation : (a) of uranium; ? (b) of materials in ponderable quantities which can be used in the production of nuclear energy, such as lithium-6, lithium-7, nitrogen-15 and boron=10; (cC) of isotoves used in small quantities for research,
II, Physics applied to nuclear energy
Applied theoretical physics : (a) low-energy nuclear reactions, in particular neutron-induced reactions; (b) fission; (c) interaction of ionising radiation and photons with matter; (4) solid state theory; (e) study of fusion, with particular reference to the behaviour of an ionised plasma under the action of electromagnetic forces and to the thermodynamics of extremely high temperatures.
2. Applied experimental physics : (a) the same subjects as those specified in 1 above; (b) study of the properties of transuranic elements of importance in the field of nuclear energy,
3, Reactor calculations : (a) theoretical macroscopic neutron physics; (b) experimental neutron measurements; exponential and critical experiments; (c) thermodynamic calculations and calculations of strength of materials; (d) corresponding experimental measurements;
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(e) reactor kinetics, reactor control problems and relevant experiments; (f) radiation protection calculations and relevant experiments.
III, Physical chemistry of reactors
1. Study of changes in the physical and chemical structure and of alterations in the technical properties of various materials in reactors brought about by : (a) heat; (b) the nature of the agents with which they are in contact; (c) mechanical factors,
24 Study of degradation and other phenomena produced by irradiation in : (a) fuel elements; (b) structural materials and coolants; (c) moderators,. 3. Apolication of analytical chemistry and analytical physical chemistry to reactor components, 4, Physical chemistry of homogeneous reactors : radiochemistry, corrosion,
IV, Processing of radioactive material
1. Methods of extracting plutonium and uranium-233 from irradiated fuels, and possible recovery of uranium or thorium, 2. Ohemistry and metallurgy of plutonium, 3. Methods of extracting and chemistry of other transuranic elements, 4, Methods of extracting and chemistry of useful radioisotopes : (a) fission products (b) radioisotopes obtained by irradiation, 5e Concentration and storage of useless radioactive waste,
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V. Applications of radioisotopes
Application of radioisotopes as active elements or tracers in : (a) industry and science; (b) medicine and biology; (c) agriculture,
LT VI, Study of the harmful effects of radiation on living organisms
1. Study of the detection and measurement of harmful radiations, 2, Study of adequate preventive and protective measures and the appropriate safety standards, 3, Study of the treatment of radiation effects,
VIT, Equipment
Studies relating to the construction and improvement of equipment specially intended not only for reactors but also for any of the industrial and research installations required for the research activities listed above, Ås examples may be mentioned :
1. The following types of mechanical equipment : (a) pumps for special fluids; (b) heat exchangers; (C) apparatus for nuclear physics research, such as neutron velocity selectors; (d) remote handling equipment.
2, The following types of electrical equipment : (a) instruments for radiation detection and measurement, used particularly in : - prospecting for minerals, scientific and technical research, - reactor control, health and safety;
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(b) reactor control equipment; (cC) low-energy particle accelerators (up to 10 MeV).
VITT, Economic aspects of energy production
1. Comparative studies, both theoretical and experimental, of the various reactor types. 2. Technical and economic study of fuel cycles,
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ANNEX II
" INDUSTRIAL ACTIVITIES referred to in Article 41 of this Treaty
1. Mining of uranium and thorium ore,
2. Concentration of such ores, 3. Chemical processing and refining of uranium and thorium concentrates,
4, Preparation of nuclear fuels, in any form, 5. Fabrication of nuclear fuel elements, 6. Production of uranium hexafluoride,
7. Production of enriched uranium, 8. Processing of irradiated fuels for the purpose of separating some or all of the elements contained therein, 9. Production of reactor moderators, 10. Production of hafnium-free zirconium or compounds thereof, 11. Nuclear reactors of all types and for all purposes, 12, Facilities for the industrial processing of radioactive waste, set up in conjunction with one or more of the facilities specified in this list, 13. Semi-industrial installations intended to prepare the way for the construction of plants involved in any of activities 3 to 10.
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ANNEX III
Advantages which may be conferred on JOINT UNDERTAKINGS under Article 48 of this Treaty
(a) Recognition that public interest status in conformity with the national laws applies to the acquisition of immovable property required for the establishment of Joint Undertakings. (b) Application of national procedures for compulsory acquisition on the grounds of public interest, so that such acquisition may be effected where amicable agreement has not been reached, 20 The right to be granted licences, either through arbitration or under compulsory powers as provided in Articles 17 to 23. 3. Exemption from all duties and charges when Joint Undertakings are established and from all duties on assets contributed, Exemption from all duties and charges levied upon acquisition of immovable 4. property and from all registration and recording charges, Je Exemption from all direct taxes to which Joint Undertakings, their property, assets and revenue might otherwise be liable, Exemption from all customs duties and charges having equivalent effect and from all prohibitions and restrictions on imports or exports, whether of an economic or of a fiscal nature, with regard to : (a) scientific and technical equipment, excluding building materials and equipment for administrative purposes; (bv) substances which have been or are to be processed in the Joint Undertaking,
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7. Exchange arrangements provided for in Article 182 (6). 8. Exemption from restrictions on entry and residence for nationals of Member States employed by Joint Undertakings and for their Spouses and dependent members of their families,
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ANNEX IV
List of goods and products subject TO THE PROVISIONS OF CHAPTER IX on the nuclear common market
LIST A!
Uranium ores containing more than 5 per cent by weight of natural uranium, Pitchblende containing more than 5 per cent by weight of natural uranium,. Uranium oxide. Inorganic compounds of natural uranium other than uranium oxide and uranium hexafluoride. Organic compounds of natural uranium.
Crude or processed natural uranium. Alloys containing plutonium. Organic or inorganic compounds of uranium enriched in organic or inorganic compounds or uranium-235. | Organic or inorganic compounds or uranium-233. Thorium enriched in uranium-233. Organic or inorganic compounds of plutonium. Uranium enriched in plutonium.
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Uranium enriched in uranium-235. Alloys containing uranium enriched in uranium-235 or uranium-233. Plutonium,. Uranium-233. Uranium hexafluoride. Monazite. Thorium ores containing more than 20 per cent by weight of thorium. Urano-thorianite containing more than 20 per cent of thorium. Crude or processeåd thorium. Thorium oxide. Inorganic compounås of thorium other than thorium oxide. Organic compounds of thorium.
LIST A?
Deuterium and its compounds (ineluding heavy water) in which the ratio of the number of deuterium atoms to normal hydrogen atoms exceeds 1 : 5,000, Heavy paraffin in which the ratio of the number of deuterium atoms to normal hyärogen atoms exceeds 1 : 5,000. |
Mixtures and solutions in which the ratio of the number of deuterium atoms to normal hydrogen atoms exceeäs 1 : 5,000.
Nuclear reactors. Equipment for the separation of uranium isotopes by gaseous diffusion or other methods.
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Equipment for the production of deuterium, its compounds (including heavy water) and derivatives, and mixtures or solutions containing deuterium in which the ratio of the number of deuterium atoms to normal hydrogen atoms exceeds 1 : 5,000 : equipment operating by the electrolysis of water; equipment operating by the distillation of water, liquid hydrogen, etc.; equipment operating by isotope exchange between hydrogen sulphide and water by means of a change of temperature; - equipment operating by other techniques. Equipment specially designed for the chemical processing of radioactive material : - equipment for the separation of irradiated fuel : - by chemical processes (solvents, precipitation, ion exchange, etc.); - by physical processes (fractional distillation, etc. ); - waste-processing equipment; - fuel-recycling equipment. Vehicles specially designed for the transport of highly radioactive substances : - railway and tramway goods vanns, goods wagons and trucks for tracks of any gauge; - motor lorries; - motorised works trucks for the handling of goods; - trailers and semi-trailers and other non-motorised vehicles. Containers with lead radiation shielding for the transport or storage of radioactive material. Artificial radioactive isotopes and their inorganic or organic compounds. Remote-controlled mechanical manipulators specially designed for handling highly radioactive substances : - mechanical handling gear, fixed or mobile, but not being capable of being operated manually.
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LIST B
Components and parts for nuclear reactors. Lithium ores and concentrates. Nuclear-grade metals : - crude berylliunm; - crude bismuth; = crude niobium (columbium); - crude zirconium (hafnium-free); - crude lithium; - crude aluminium; - crude calcium; - crude magnesium, Boron trifluoride. Anhydrous hydrofluoric acid. Chlorine trifluoride, Bromine trifluoride. Lithium hydroxide,. Lithium fluoride. Lithium chloride,
Lithium hydride. Lithium carbonate. Nuclear-grade beryllium oxide.
Refractory bricks of nuclear-grade beryllium oxide. Otnrer refractory products of nuclear-grade beryllium oxide. Artificial graphite in the form of blocks or bars in which the boron content is less than or equal to one part per million and in which the total microscopic thermal neutron absorption cross-section is less than or equal to 5 millibarns. Artificially separated stable isotopes.
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Electromagnetic ion separators, including mass spectrographs and mass spectrometers. Reactor simulators (special analog computers).
Remote-controlled mechanical manipulators : hand-controlled (i.e., operated manually like a tool).
Liquid-metal pumps. High-vacuum pumps. Heat exchangers specially designed for nuclear power stations,
Radiation detection instruments (and spare parts) of one of the following types, specially designed, or adaptable, for the detection of measurement of nuclear radiation, such as alpha and beta particles, gamma rays, neutrons and protons : Geiger counter tubes and proportional counters; detection or measuring instruments incorporating Geiger-Muller tubes or proportional counters; ionisation chambers; instruments incorporating ionisation chambers; radiation detection or measuring equipment for mineral prospecting and for reactor, air, water and soil monitoring; neutron detector tubes using boron, boron trifluoride, hydrogen or a fissile element; detection or measuring instruments incorporating neutron detector tubes using boron, boron trifluoride, hydrogen or a fissile element; scintillation crystals, mounted or in a metal casing (solid scintillators); detection or measuring instruments incorporating liquid, solid or gaseous scintillators; amplifiers specially designed for nuclear measurements, including linear amplifiers, preamplifiers, distributed amplifiers and pulse height analysers; coincidence devices for use with radiation detectors;
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- electroscopes and electrometers, including dosimeters (but excluding instruments intended for instruction purposes, simple metal leaf electroscopes, dosimeters specially designed for use with medical X-ray equipment and electrostatic measuring instruments); - instruments capable of measuring a current of less than one picoampere; - photomultiplier tubes with a photocathode which gives a current of at least 10 microamperes per lumen and in which the average amplification is greater than 107, and any: other types of electric multiplier activated by positive ions; —- Scalers and electronic integrating meters for the detection of radiation. Cyclotrons, Van de Graaff or Cockeroft-Walton electrostatic generators, linear accelerators and other machines capable of imparting an energy greater than 1 MeV to nuclear particles. | Magnets specially designed and constructed for the above-mentioned machines and equipment (cyclotrons, etc.).
Accelerating and focusing tubes of the type used in mass spectrometers and mass Spectrographs. Intense electronic sources of positive ions intended for use with particle MKA : accelerators, mass spectrometers and similar devices. Anti-radiation plate glass : - cast or rolled plate glass (including wired or flashed glass) in squares or rectangles, surface-ground or polished but not further worked; - cast or rolled plate glass (whether or not ground or polished) cut to shape other than square or rectangular, or curved or otherwise worked (for example, bevelled or engraved); - safety glass, consisting of toughened or laminated glass, shaped or not. Airtight clothing affording protection against radiation or radioactive contamination : - made of plastic; - made of rubber;
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- made of impregnated or coated fabric : - for men; - for women. Diohenyl (when it is in fact the aromatic hydrocarbon CEH.CgHz).
Terphenyl.
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ANNEX V
INITIAL RESEARCH AND TRAINING PROGRAMME
referred to in Article 215 of this Treaty
I. Programme of the Joint Centre
1. Laboratories, equipment and infrastructure.
The Joint Centre shall include : (a) general laboratories for chemistry, physics, electronics and metallurgy; (b) special laboratories for the following subjects : - nuclear fusion; - separation of isotopes other than uranium-235 (this laboratory shall be equipped with a high-resolution electromagnetic separator): - prototypes of prospecting instruments; - mineralogy; - radiobiology; (c) a bureau of standards specialising in nuclear measurements for isotope analysis and absolute measurements of radiation and neutron absorption, equipped with its own experimental reactor.
2. Documentation, information and training. The Joint Centre shall arrange for a large-scale exchange of information, particularly in the following fields : - raw materials : methods of prospecting, mining, concentration, conversion, processing, etc.;
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physics applied to nuclear energy; physical chemistry of reactors; processing of radioactive material; applications of radioisotopes.
The Joint Centre shall organise specialised courses relating particularly To the training of prospectors and to the applications of radioisotopes.
The health and safety documentation and study section referred to in Article 39 shall collect the necessary documentation and information.
3. Reactor prototypes.
ÅA group of experts shall be set up as soon as this Treaty enters into force, After comparing the programmes of the Member States, it shall submit to the Commission, as soon as possible, appropriate recommendations on the choices before it in this field and the ways and means of implementing them.
It is planned to construct three or four low-power prototypes and to participate - e.g. by supplying fuel and moderators - in three power reactors.
4. High-flux reactor.
The Centre shall within the shortest possible time have at its disposal a reactor with a high fast-neutron flux for the testing of materials under irradiation.
Preparatory studies shall be undertaken for this purpose as soon as this Treaty enters into force.
The high-flux reactor shall be provided with extensive experimental areas and suitable laboratories for users.
II. Research carried out under contract outside the Joint Centre
A considerable part of the research work shall be carried out under contract outside the Joint Centre in accordance with Article 10. Such research contracts may take the following forms :
1. Research complementary to that of the Joint Centre shall be carried out in the fields of nuclear fusion, separation of isotopes other than uranium-235, chemistry, physics, electronics, metallurgy and radiobiology. II/E - 140 —-
2. Until the proposed materials-testing reactor comes into operation, the Cenire may rent space for experiments in high-flux reactors of Member States.
3. The Centre may make use of the specialised installations of Joint Undertakings to be established in accordance with Chapter V, by assigning to then by contract certain research of a general scientific nature.
vd HL
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BREAKDOWN BY MAIN HEADINGS of the expenditure required to carry out the research and training programme (in millions of EPU units of account) EQUIPMENT OPERATION EQUIPMENT TOTAL and/or (1) OPERATION I. JOINT CENTRE 1. Laboratories, equipment and infrastructure : (a) General laboratories for chemistry, physics, electronics and metallurgy ....J 12 (b) Svecial laboratories : nuclear fUsiON ...............sesssososod 3.5 1Ist year 1.3 isotope separation (except U 235) ......] 2 2nd year 4.3 prospecting and mineralogy ............e.dq 1 3rd vear 6.5 (c) Central Bureau for nuclear measurements . 3 4th year 7.4 (d) Other eouipment for the Centre and its 5th year 8.5 establishments ...........csos.sccccs.os oo. och 8 (e) Infrastructure er oo be 8-0 RP VC VP css 8.5 28 38 66 1st year 0.6 2nd year 1.6 Documentation, information and training ..... 1 3rd year 1.6 4th year 1.6 5th year 1.6 7 8 . Reactor prototypes : Group of experts to choose prototypes ....... 1st vear 0.7 Programme ........... sevserrsrrssrr rr rr rr rr ed 59.3 (2) 60 . High-flux reactor : ReaCtOor .....s.e.esososossesserrvr Eb Laboratory .....s..s.s.ss.s-ossose vt sosse sea . 6 och Iear 5 Replacement of eouipment ..... rss err rr 3 y ” 24 10.4 34.4 IT. RESEARCH CARRIED OUT UNDER CONTRACT OUTSIDE THE CENTRE . Work complementary to that of the Centre : (a) Chemistry, vhysics, electronics, metallurgv sescsooenso or VPC PCB ss 25 (2 Nuclear fusion sso0o0c oc ove Ger. 0 oc oo 6 T.5 c) Isotope separation (except U 235) ...... j 1 (4) Radiobiology ................. osesrr bed 3.1 . Renting of space in high-flux reactors of Member States .............e... roses ck ses so 6 a 3. Research carried out in Joint Undertakings .| 4 FA 46.6 46.6 TOTAL vers eos. .” 9 Fe" 2 tet tr” ooo FR öre cc ol rr Do ro 2 0. 215 (1 ) Estimate based on a staff of about 1,000. (2) Part of this sum may be allocated to work carried out under contract outside the Centre.
1I1/E - 142 -
PROTOCOL on THE APPLICATION OF THE TREATY
establishing THE EUROPEAN ATOMIC ENERGY COMMUNITY TO THE NON-EUROPEAN PARTS
OF THE KINGDOM OF THE NETHERLANDS
II/E
THE HIGH CONTRACTING PARTIES,
ANXIOUS, at the time of signature of the Treaty establishing the European Atomic Energy Community, to define the scope of the provisions of Article 198 of this Treaty in respect of the Kingdom of the Netherlands,
HAVE AGREED upon the following provisions, which shall be annexed to this Treaty :
Tne Government of the Kingdom of the Netherlands, by reason of the constitutional structure of the Kingdom resulting from the Statute of 29 December 1954, shall, by way of derogation from Article 198, be entitled to ratify this Treaty either on behalf of the Kingdom of the Netherlands in its entirety or on behalf of the Kingdom in Europe and Netherlands New Guinea. In the event of ratification being limited to the Kingdom in Europe and Netherlands New Guinea, the Government of the Kingdom of the Netherlands may at any time, by notification to the Government of the Italian Republic as depositary of the instruments of ratification, declare this Treaty also applicable either to Surinam, or to the Netherlands Antilles, or to both Surinam and the Netherlands Antilles.
Done at Rome this twenty-fifth day of March in the year one thousand nine hundred and fifty-seven.
P.H. SPAAK. J. Ch. SNOY et d'0PPUERS
ADENAUER HALLSTEIN
PINEAU M. FAURE
Antonio SEGNI Gaetano MARTINO
BECH Lambert SCHAUS
J. LUNS J. LINTHORST HOMAN
I1/E
PROTOC OL
ON THE
PRIVILEGES AND IMMUNITIES
II1/E
THE HIGH CONTRACTING PARTIES TO THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY,
CONSIDERING that, in accordance with Article 191 of this Treaty, the Community shall enjoy in the territeries of the Member States such privileges and immunities as are necessary for the performance of its tasks, under the conditions laid down in a separate Protocol,
HAVE DESIGNATED as their Plenipotentiaries to draw up this Protocol :
HIS MAJESTY THE KING OF THE BELGIANS :
Baron J, Ch. SNOY et d'0PPUERS, Secretary-General of the Ministry of Economic Affairs, Head of the Belgian Delegation to the Intergovernmental Conference;
THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY :
Professor Dr, Carl Friedrich OPHÖULS , Ambassador of the Federal Republic of Germany, Head of the German Delegation to the Intergovernmental Conference;
THE FRESIDENT OF THE FRENCH REPUBLIC :
Mr. Robert MARJOLIN, Professor of Law, Deputy Head of the French Delegation to the Intergovernmental Conference;
THE PRESIDENT OF THE ITALIAN REPUBLIC :
Mr, V. BADINI CONFALONIERI, Under-Secretary of State in the Ministry of Foreign Affairs, Head of the Italian Delegation to the Intergovernmental Conference;
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HER ROYAL HIGHNESS THE GRAND DUCHESS OF LUXEMBOURG :
Mr. Lambert SCHAUS, Ambassador of the Grand Duchy of Luxembourg, Head of the Luxembourg Delegation to the Intergovernmental Conference;
HER MAJESTY THE QUEEN OF THE NETHERLANDS ?:
Mr. J,. LINTHORST HOMAN, Head of the Netherlands Delegation to the Intergovernmental Conference;
WHO, having exchanged their Full Powers, found in good and due form,
HAVE AGREED on the following provisions, which shall be annexed to the Treaty establishing the European Atomic Energy Community.
I11/E - 152 -
Chapter 1
PROPERTY, FUNDS, ASSETS AND OPERATIONS OF THE COMMUNITY
ARTICIE 1
The premises and buildings of the Community shall be inviolable., They shall be exempt from search, requisition, confiscation or expropriation. The property and assets of the Community shall not be the subject of any administrative or legal measure of constraint without the authorisation of the Court of Justice,
ARTICIE 2
The archives of the Community shall be inviolable,.
ARTICIE 3
The Community, its assets, revenues and other property shall be exempt from all direct taxes. The Governments of the Member States shall, wherever possible, take the appropriate measures to remit or refund the amount of indirect taxes or sales taxes included in the price of movable or immovable property, where the Community makes, for its official use, substantial purchases the price of which includes taxes of this kind, These provisions shall not be applied, however, so as to have the effect of distorting competition within the Community. No exemption shall be granted in respect of taxes and dues which amount merely to charges for public utility services.
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ARTICLE 4
The Community shall be exempt from all customs duties, prohibitions and restrictions on imports and exports in respect of articles intended for its official use; articles so imported shall not be disposed of, whether or not in return for payment, in the territory of the country into which they have been imported, except under conditions approved by the Government of that country. The Community shall also be exempt from any customs duties and any prohibitions and restrictions on imports and exports in respect of its publications,
Chapter 2
COMMUNICATIONS AND LAISSEZ-PASSER
ARTICLE 5
For their official communications and the transmission of all their documents, the institutions of the Community shall enjoy in the territory of each Member State the treatment accorded by that State to diplomatic missions. Official correspondence and other official communications of the institutions of the Community shall not be subject to censorship.
ARTICLE 6
Laissez-passer in a form to be prescribed by the Council, which shall be recognised as valid travel documents by the authorities of the Member Itates, may be issued to members and servants of the institutions of the Community by the Presidents of these institutions, These laisseg-pagser shall be issued to officials and other servants under conditions laid down in the Staff Regulations and Conditions of Employment provided for in Article 186 of this Treaty. The Commission may conclude agreements for these laissez-passer to be recognised as valid travel documents within the territory of third countries,
I1/E - 154 -
Chapter 3
MEMBERS OF THE ASSEMBLY
ARTICLE 7
No administrative or other restriction shall be imposed on the free movement of members of the Assembly travelling to or from the place of meeting of the Assembly. Members of the Assembly shall, in respect of customs and exchange control, be accorded: (2) by their own Government, the same facilities as those accorded to senior officials travelling abroad on temporary official missions; (b) by the Governments of other Member States, the same facilities as those accorded to representatives of foreign Governments on temporary official missions,
ARTICLE 8
Members of the Assembly shall not be subject to any form of inquiry, detention or legal proceedings in respect of opinions expressed or votes cast by them in the performance of their duties,
ARTICLE 9
During the sessions of the Assembly, its members shall enjoy: (a) in the territory of their own State, the immnities accorded to members of their parliament; | (b) in the territory of any other Member State, immunity from any measure of detention and from legal proceedings.
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Immunity shall likewise apply to members while they are travelling to and from the place of meeting of the Assembly. Immunity cannot be claimed when a member is found in the act of committing an offence and shall not prevent the Assembly from exercising its right to waive the immunity of one of its members,
Chapter 4
REPRESENTATIVES OF MEMBER STATES TAKING PART IN THE WORK OF THE INSTITUTIONS OF THE COMMUNITY
ARTICLE 10
Representatives of Member States taking part in the work of the institutions of the Community, their advisers and technical experts shall, in the performance of their duties and during their travel to and from the place of meeting, enjoy the customary privileges, immunities and facilities, This Article shall also apply to members of the advisory bodies of the Community.
Chapter 5
OFFICIALS AND OTHER SERVANTS OF THE COMMUNITY
ARTICLE 11
In the territory of each Member State and whatever their nationality, the officials and other servants of the Community referred to in Article 186 of this Treaty shall ?: (a) subject to the provisions of Articles 152 and 188 of this Treaty, be immune from legal proceedings in respect of acts performed by them in their official capacity, including their words spoken or written; they shall continue to enjoy this immunity after they have ceased to hold office;
II/E - 156 -
(b) together with their spouses and dependent members of their families, not be subject to immigration restrictions or to formalities for the registration of aliens;
(e) in respect of currency or exchange regulations, be accorded the same facilities as are customarily accorded to officials of international organisations; (1) enjoy the right to import free of äuty from the country of their last residence or from the country of which they are nationals, their furniture and effects at the time of first taking up their post in the country concerned, and the right to re-export free of äuty their furniture and effects, on termination of their duties in that country, subject in either case to the conditions considered to be necessary by the Government of the country in which this right is exercised;
(e) have the right to import free of duty a motor car for their personal use, acquired either in the country of their last residence or in the country of which they are nationals on the terms ruling in the home market in that country, and to re-export it free of duty, subject in either case to the conditions considered to be necessary by the Government of the country concerned.
ARTICLE 12
Officials and other servants of the Community shall be liable to a tax for the benefit of the Community on salaries, wages and emoluments paid to them by the Community, in accordance with the conditions and procedure laid down by the Council, acting on proposals submitted by the Commission within one year of the entry into force of this Treaty. They shall be exempt from national taxes on salaries, wages and emoluments paid by the Community.
ARTICLE 13
In the application of income tax, wealth tax and death duties and in the application of conventions on the avoidance of double taxation concluded between Member States of the Community, officials and other servants of the Commanity who, solely by reason of the performance of their duties in the service of the Community, establish their residence in the territory of a Member State other than their country of domicile for tax purposes at the time of entering the service of the Community, shall be considered, both
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in the country of their actual residence and in the country of domicile for tax purposes, as having maintained their domicile in the latter country provided that it is a member of the Community, This provision shall also apply to a spouse to the extent that the latter is not separately engaged in a gainful occupation, and to children dependent on and in the care of the persons referred to in this Article, Movable property belonging to persons referred to in the preceding paragraph and situated in the territory of the country where they are staying shall be exempt from death duties in that country; such property shall, for the assessment of such duty, be considered as being in the country of domicile for tax purposes, subject to the rights of third countries and to the possible application of provisions of international conventions on double taxation. Any domicile acquired solely by reason of the performance of duties in the service of other international organisations shall not be taken into consideration in applying the provisions of this Article,
ARTICLE 14
The Council shall, acting unanimously on a proposal which the Commission shall make within one year of the entry into force of this Treaty, lay down the scheme of social security benefits for officials and other servants of the Community.
ARTICLE 15
The Council shall, acting on a proposal from the Commission and after consulting the other institutions concerned, determine the categories of officials and other servants of the Community to whom the provisions of Article 11, the second paragraph of Article 12 and Article 13 shall apply, in whole or in part. The names, grades and addresses of officials and other servants included in such categories shall be communicated periodically to the Governments of the Member States,
Chapter 6
PRIVILEGES AND IMMUNITIES OF MISSIONS ACCREDITED TO THE COMMUNITY
ARTICLE 16
The Member State in whose territory the Community has its seat shall accord the customary diplomatic immunities to missions of third countries accredited to the Community.
Chapter 7
GENERAL PROVISIONS
ARTICLE 17
Privileges, immunities and facilities shall be accorded to officials and other servants of the Community solely in the interests of the Community. Each institution of the Community shall be required to waive the immunity accorded to an official or other servant wherever that institution considers that the waiver of such immunity is not contrary to the interests of the Community.
ARTICLE 18
The institutions of the Community shall, for the purpose of applying this Protocol, cooperate with the responsible authorities of the Member States concerned,
ARTICLE 19
Article 11 to 14 and Article 17 shall apply to members of the Commission.
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ARTICLE 20
Articles 11 to 14 and Article 17 shall apply to the Judges, the Advocates- General, the Registrar and the Assistant Rapporteurs of the Court of Justice, without prejudice to the provisions of Article 3 of the Protocol on the Statute of the Court of Justice concerning immunity from legal proceedings of Judges and Advocates-General.
IN WITNESS WHEREOF, the undersigned Plenipotentiaries have signed this Protocol.
Done at Brussels this seventeenth day of April in the year one thousand nine hundred and fifty-seven. J. Ch. SNOY et d'0OPPUERS.
C. F. OPHULS. Robert MARJOLIN Vittorio BADINI
Lambert SCHAUS J. LINTHORST HOMAN
I1/E - 160 —-
PROTOCOL
ON THE
STATUTE OF THE COURT OF JUSTICE
I1/E
THE HIGH CONTRACTING PARTIES TO THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY,
DESIRING to lay down the Statute of the Court provided for in Article 160 of this Treaty,
HAVE DESIGNATED as their Plenipotentiaries for this purpose :
HIS MAJESTY THE KING OF THE BELGIANS Baron J. Ch. SNOY et ä'0OPPUERS, Secretary-General of the Ministry of Economic Affairs, Head of the Belgian delegation to the Intergovernmental Conference;
THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY Professor Dr, Carl Friedrich OPHULS, Ambassador of the Federal Republic of Germany, Head of the German delegation to the Intergovernmental Conference;
THE PRSSIDENT OF THE FRENCH REPUBLIC Mr. Robert MARJOLIN, Professor of Law, Deputy Head of the French delegation to the Intergovernmental Conference;
THE PRESIDENT OF THE ITALIAN REPUBLIC Mr, V. BADINI CONFALONIERI, Under-Secretary of State in the Ministry of Foreign Affairs, Head of the Italian delegation to the Intergovernmental Conference;
HER ROYAL HIGHNESS THE GRAND DUCHESS OF LUXEMBOURG Mr, Lambert SCHAUS, Ambassador of the Grand Duchy of Luxembourg, Head of the Luxembourg delegation to the Intergovernmental Conference;
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HER MAJESTY THE QUEEN OF THE NETHERLANDS Mr. J. LINTHORST HOMAN, Head of the Netherlands delegation to the Intergovernmental Conference;
WHO, having exchanged their Full Powers, found in good and due form,
HAVE AGREED upon the following provisions, which shall be annexed to the Treaty establishing the European Atomic Energy Community.
11/E —- 164 -
ARTICLE 1
The Court established by Article 3 of this Treaty shall be constituted and shall function in accordance with the provisions of this Treaty and of this Statute.
Title I
JUDGES AND ADVOCATES-GENERAL
ARTICLE 2
Before taking up his duties each Judge shall, in open court, take an oath to perform his duties impartially and conscientiously and to preserve the secrecy of the deliberations of the Court.
ARTICIE 3
The Judges shall be immune from legal proceedings, After they have ceased to hold office, they shall continue to enjoy immunity in respect of acts performed by them in their official capacity, including words spoken or written, The Court, sitting in plenary session, may waive the immunity. Where immunity has been waived and criminal proceedings are instituted against a Judge, he shall be tried, in any of the Member States, only by the Court competent to judge the members of the highest national judiciary.
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ARTICIE 4
The Juädges may not hold any political or administrative office. They may not engage in any occupation, whether gainful or not, unless exemption is exceptionally granted by the Council, When taking up their duties, they shall give a solemn undertaking that, both during and after their term of office, they will respect the obligations arising therefrom, in particular the duty to behave with integrity and discretion as regards the acceptance, after they have ceased to hold office, of certain appointments or benefits, Any doubts on this point shall be settled by decision of the Court.
ARTICIE 5
Apart from normal replacement, or death, the duties of a Judge shall end when he resigns. Where a Judge resigns, his letter of resignation shall be addressed to the President of the Court for transmission to the President of the Council. Upon this notification a vacancy shall arise on the bench.
Save where Article 6 applies, a Judge shall continue to hold office until his successor takes up his duties.
ARTICIE 6
A Judge may be deprived of his office or of his right to a pension or other benefits in its stead only if, in the unanimous opinion of the Judges and Advocates-General of the Court, he no longer fulfils the requisite conditions or meets the obligations arising from his office. The Judge concerned shall not take part in any such deliberations,.
The Registrar of the Court shall communicate the decision of the Court to the President of the Assembly and to the President of the Commission and shall notify it to the President of the Council.
In the case of a decision depriving a Judge of his office, a vacancy shall arise on the bench upon this latter notification.
| 166 —- II/E
ARTICIE 7
ÅA Judge who is to replace a member of the Court whose term of office has not expired shall be appointed for the remainder of his predecessor's term,
ARTICIE 8
The provisions of Articles 2 to 7 shall apply to the Advocates-General,.
Title II
ORGANISATION
ARTICIE 9
The Registrar shall take an oath before the Court to perform his duties impartially and conscientiously and to preserve the secrecy of the deliberations of the Court.
ARTICIE 10
The Court shall arrange for replacement of the Registrar on occasions when he is prevented from attending the Court.
ARTICIE 11
Officials and other servants shall be attached to the Court to enable it to function. They shall be responsible to the Registrar under the authority of the President ,.
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ARTICIE 12
On a proposal from the Court, the Council may, acting unanimously, provide for the appointment of Assistant Rapporteurs and lay down the rules governing their service, The Assistant Rapporteurs may be required, under conditions laid down in the rules of procedure, to participate in preparatory inquiries in cases pending before the Court and to cooperate with the Judge who acts as Rapporteur. The Assistant Rapporteurs shall be chosen from persons whose independence is beyond doubt and who possess the necessary legal qualifications; they shall be appointed by the Council, They shall take an oath before the. Court to perform their duties impartially and conscientiously and to preserve the secrecy of the deliberations of the Court.
ARTICIE 13
The Judges, the Advocates-General and the Registrar shall be required to reside at the place where the Court has its seat.
ARTICIE 14
The Court shall remain permanently in session, The duration of the judicial vacations shall be determined by the Court with due regard to the needs of its business.
ARTICIE 15
Decisions of the Court shall be valid only when an uneven number of its members is sitting.,in the deliberations., Decisions of the full Court shall be valid if five members are sitting. Decisions of the Chambers shall be valid only if three Judges are sitting; in the event of one of the Judges of a Chamber being prevented from attending, a Judge of another Chamber may be called upon to sit in accordance with conditions laid down in the rules of procedures.
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ARTICIE 16
No Judge or Advocate-General may take part in the disposal of any case in which he has previously taken part as agent or adviser or has acted for one of the parties, or on which he has been called upon to pronounce as a member of a court or tribunal, of a commission of inquiry or in any other capacity. | If, for some special reason, any Juåge or Advocate-General considers that he should not take part in the judgment or examination of a particular case, he shall so inform the President, If, for some special reason, the President corsiders that any Judge or Advocate-General should not sit or make submissions in a particular case, he shall notify him accordingly. Any difficulty arising as to the application of this Article shall be settled by decision of the Court. A party may not apply for a change in the composition of the Court or of one of its Chambers on the grounds of either the nationality of a Juäge or the absence from the Court or from the Chamber of a Judge of the nationality of that party.
Title III
PROCEDURE
ARTICIE 17
The States and the institions of the Community shall be represented before the Court by an agent appointed for each case; the agent may be assisted by an adviser or a lawyer entitled to practise before a court of a Member State. Other parties must be represented by a lawyer entitled to practise before a court of a Member State, i Such agents, advisers and lawyers shall, when they appear before the Court, enjoy the rights and immunities necessary to the independent exercise of their duties, under conditions laid down in the rules of prodedure+ As regards such advisers and lawyers who appear before it, the Court shall have the powers normally accorded to courts. of law, under conditions laid down in the rules of procedure,
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University teachers being nationals of a Member State whose law accoråds them a right of audience shall have the same rights before the Court as are accorded by this Article to lawyers entitled to practise before a court of a Member State.
ARTICLE 18
The procedure before the Court shall consist of two parts : written and oral, The written procedure shall consist of the communication to the parties and to the institutions of the Community whose decisions are in dispute of applications, statements of case, defences and observations, and of replies, if any, as well as of all papers and documents in support or of certified copies of them. Communications shall be made by the Registrar in the order and within the time laid down in the rules of procedure. The oral procedure shall consist of the reading of the report presented by a Judge acting as Rapporteur, the hearing by the Court of agents, advisers and lawyers entitleåd to practise before a court of a Member State and of the submissions of the Advocate-General, as well as the hearing, if any, of witnesses and experts.
ARTICLE 19 A case shall be brought before the Court by a written application addressed to the Registrar. The application shall contain the applicant's name and permanent address and the description of the signatory, the name of the party against whom the application is made, the subject matter of the dispute, the submissions and a brief statement of the grounds on which the application is based. The application shall be accompanied, where appropriate, by the measure the annulment of which is sought or, in the circumstances referred to in Article 148 of this Treaty, by documentary evidence of the date on which an institution was, in accordance with that Article, requested to act. If the documents are not submitted with the application, the Registrar shall ask the party concerned to produce them within a reasonable period, but in that event the rights of the party shall not lapse even if such documents are produced after the time limit for bringing proceedings.
ARTICLE 20 A case governed by Article 18 of this Treaty shall be brought before the Court by an appeal addressed to the Registrar, The appeal shall contain the name and permanent address of the applicant and the description of the signatory, a reference to the decision against which the appeal is brought, the names of the respondents, the subject matter of the dispute, the submissions and a brief statement of the grounds on which the appeal is based. I1/E - 170 -
The appeal shall be accompanied by a certified copy of the decision of the Arbitration Committee which is contested. If the Court rejects the appeal, the decision of the Arbitration Committee shall become final. | If the Court annuls the decision of the Arbitration Committee, the matter may be re-opened, where appropriate, on the initiative of one of the parties in the case, before the Arbitration Committee. The latter shall conform to any decisions on points of law given by the Court.
ARTICLE 21
In the cases governed by Article 150 of this Treaty, the decision of the court or tribunal of a Member State whioh suspends its proceedings and refers a case to the Court shall be notified to the Court by the court or tribunal concerned. The decision shall then be notified by the Registrar of the Court to the parties, to the Member States and to the Commission, and also to the Council if the act the validity or interpretation of which is in dispute originates from the Council. Within two months of this notification, the parties, the Member States, the Commission and, where appropriate, the Council, shall be entitled to submit statements of case or written observations to the Court.
ARTICLE 22
The Court may require the parties to produce all documents and to supply all information which the Court considers desirable. Formal note shall be taken of any refusal.
The Court may also require the Member States and institutions not being parties to the case to supply all information which the Court considers necessary for the proceedings.
ARTICLE 23
The Court may at any time entrust any individual, body, authority, committee or other organisation it chooses with the task of giving an expert opinion,
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ARTICIE 24
Witnesses may be heard under conditions laid down in the rules of procedure,
ARTICLE 25
With respect to defaulting witnesses the Court shall have the powers generally granted to courts and tribunals and may impose pecuniary penalites under conditions laid down in the rules of procedure,
ARTICLE 26
Witnesses and experts may be heard on oath taken in the form laid down in the rules of procedure or in the manner laid down by the law of the country of the witness or expert,
ARTICLE 27
The Court may order that a witness or expert be heard by the judicial authority of his place of permanent residence. The order shall be sent for implementation to the competent judicial authority under conditions laid down in the rules of procedure, The documents drawn up in compliance with the letters rogatory shall be returned to the Court under the same conditions. The Court shall defray the expenses, without prejudice to the right to charge them, where appropriate, to the parties,
ARTICLE 28
A Member State shall treat any violation of an oath by a witness or expert in the same manner as if the offence had been committed before one of its courts with jurisdiction in civil proceedings. At the instance of the Court, the Member State concerned shall prosecute the offender before its competent court.
ARTICLE 29
The hearing in court shall be public, unless the Court, of its own motion or on application by the parties, decides otherwise for serious reasons,
I1/E - 172 —-
ARTICLE 30
During the hearings the Court may examine the experts, the witnesses and the parties themselves, The latter, however, may address the Court only through their representatives,
ARTICIE 31
Minutes shall be made of each hearing and signed by the President and the Registrar.
ARTICLE 32
The cause list shall be established by the President.
ARTICLE 33
The deliberations of the Court shall be and shall remain secret,
ARTICLE 34
Judgments shall state the reasons on which they are based. They shall contain the names of the Judges who took part in the deliberations,
ARTICLE 35
Judgments shall be signed by the President and the Registrar. They shall be read in open court.
ARTICLE 36
The Court shall adjudicate upon costs.
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ARTICLE 37
The President of the Court may, by way of summary procedure, which may, in so far as necessary, differ from some of the rules contained in this Statute and which shall be laid down in the rules of procedure, adjudicate upon applications to suspend execution, as provided for in Article 157 of this Treaty, or to prescribe interim measures in pursuance of Article 158, or to suspend enforcement in accordance with the last paragraph of Article 164.
Should the President be prevented from attending, his place shall be taken by another Judge under conditions laid down in the rules of procedure. The ruling of the President or of the Judge replacing him shall be provisional and shall in no way prejudice the decision of the Court on the substance of the case,
ARTICLE 38
Member States and institutions of the Community may intervene in cases before the Court. The same right shall be open to any other person establishing an interest in the result of any case submitted to the Court, save in cases between Member States, between institutions of the Community or between Member States and institutions of the Community. Submissions made in an application to intervene shall be limited to supporting the submissions of one of the parties. ARTICLE 39
Where the defending party, after having been duly summoned, fails to file written submissions in defence, judgment shall be given against that party by default. An objection may be lodged against the judgment within one month of it being notified., The objection shall not have the effect of staying enforcement of the judgment by default unless the Court decides otherwise.
ARTICLE 40
Member States, institutions of the Community and any other natural or legal persons may, in cases and under conditions to be determined by the rules of procedure, institute third-party proceedings to contest a juädgment rendered without their being heard, where the judgment is prejudicial to their rights.
II/E - 174 -
ARTICLE 41
If the meaning or scope of a judgment is in doubt, the Court shall construe it on application by any party or any institution of the Community establishing an interest therein,
ARTICLE 42
An application for revision of a judgment may be made to the Court only on discovery of a fact which is of such a nature as to be a decisive factor, and which, when the judgment was given, was unknown to the Court and to the party claiming the revision, The revision shall be opened by a judgment of the Court expressly recording the existence of a new fact, recognizing that it is of such a character as to lay the case open to revision and declaring the application admissible on this ground.
No application for revision may be made after the lapse of ten years from the date of the judgment.
ARTICLE 43
Periods of grace based on considerations of distance shall be determined by the rules of procedure. No right shall be prejudiced in consequence of the expiry of a time limit if the party concerned proves the existence of unforeseeable circumstances or of force majeure,
ARTICLE 44
Proceedings against the Community in matters arising from non-contractual liability shall be barred after a period of five years from the occurrence of the event giving rise thereto., The period of limitation shall be interrupted if proceedings are instituted before the Court or if prior to such proceedings an application is made by the aggrieved party to the relevant institution of the Community. In the latter event the proceedings must be instituted within the period of two months provided for in Article 146; the provisions of the second paragraph of Article 148 shall apply where appropriate.
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ARTICLE 45
The rules of procedure of the Court provided for in Article 160 of this Treaty shall contain, apart from the provisions contemplated by this Statute, any other provisions necessary for applying and, where required, supplementing it.
ARTICLE 46
The Council may, acting unanimously, make such further adjustments to the provisions of this Statute as may be required by reason of measures taken by the Council in accordance with the last paragraph of Article 137 of this Treaty.
ARTICLE 47
Immediately after the oath has been taken, the President of the Council shall proceed to choose by lot the Judges and the Advocates-General whose terms of office are to expire at the end of the first three years in accordance with the second and third paragraphs of Article 139 of this Treaty.
IN WITNESS WHEREOF, the undersigned Plenipotentiaries have signed this Protocol.
Done at Brussels this seventeenth day of April in the year one thousand nine hundred and fifty-seven.
J. Ch. SNOY et d'0OPPUERS C.F. OPHÖLS Robert MARJOLIN Vittorio BADINI
Lambert SCHAUS J. LINTIHORST HOMAN
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