1960R0511 — EN — 25.07.1975 — 001.002 — 1
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►B RULES
of the Supply Agency of the European Atomic Energy Community determining the manner in
which demand is to be balanced against the supply of ores, source materials and special fissile
materials
(OJ P 32, 11.5.1960, p. 777)
Amended by:
Official Journal
No page date
►M1Regulation of the Supply Agency of the European Atomic Energy
CommunityL 193 37 25.7.1975
Corrected by:
►C1Consolidated text of corrigenda to instruments published in Special
Editions1952-72, p. 3 (511/60)
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RULES
of the SupplyAgency of the European Atomic Energy Community
determiningthemannerinwhichdemandistobebalancedagainst
thesupplyofores,sourcematerials andspecialfissilematerials
THE SUPPLY AGENCY OF THE EUROPEAN ATOMIC ENERGY
COMMUNITY,
Having regard to the provisions of the Treaty, and in particular the
sixth paragraph of Article 60 thereof;
After consulting the Advisory Committee to the Agency;Having regard to the Decision of the Euratom Commission of 5 May
1960 fixing the date on which the Supply Agency isto take up itsduties and approving these Rules, and in particular Articles 3 and 4 ofthat Decision relating to procedures for the entry into force of theseRules;
Whereas, in order to carry out its duties in accordance with the princi-
ples set out in Article 52 of the Treaty, the Agency must, in respect ofeach product and on the basis of declarations covering users' estimated
requirements and producers' estimated available supplies, have a
complete knowledge of the situation on the market;
Whereas the procedures for balancing demand against supply must of
necessity be determined in such a way as to enable various supply
situations to be met;
Whereas the introduction of these procedures includes such transitional
measures as will facilitate their progressive application;
HAS ADOPTED THE FOLLOWING PROVISIONS:
Article 1
Users shall, when so requested by the Agency, notify it in respect of a
given period, asprovided for in Article 3, of their es timated require-
ments of ores, source materials and special fissile materials and, onthe basis of contracts already entered into, of their supply programmes.
The declarations shall specify:
(1) Designation of product;
(2) Nature and chemical and physical composition and other relevant
specifications;
(3) Quantities(in metric units );(4) Place of origin;(5) Intended use;(6) Delivery dates;(7) Price terms, which are not binding.
Article 2
Producers shall, when so requested by the Agency, notify it in respect
of a given period, asprovided for in Article 3, of s tocksheld by themat the start of the period, their estimated production and, on the basis of
contractsalready entered into, their delivery programmes .
The declarations shall specify:
(1) Designation of product;
(2) Nature and chemical and physical composition and other relevant
specifications;
(3) Quantities(in metric units );(4) Place of origin;(5) Delivery dates;1960R0511 — EN — 25.07.1975 — 001.002 — 2
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(6) Price terms, which are not binding.
Article 3
The Agency shall, after obtaining the Opinion of the Advisory
Committee, fix and publish in the Official Journal of the European
Communities the time limit within which, and the period in respect of
which, users and producers must forward to the Agency the declara-
tionsreferred to in Articles1 and 2.
Article 4
When in possession of all the declarations made under Articles 1 and 2
of thisRegulation the Agency s hall, by meansof a circular, communi-
cate to users and producers in the Community information on generaldata and market trends, and also, where appropriate, on supply poten-tial and possible outlets in third countries.
Article 5
If, in respect of a specific product and where in particular the Agency
takes the initiative, the Commission, having heard the AdvisoryCommittee, finds that the situation on the market shows a clear surplus
of supply over demand, it may, by means of an appropriate directive,
call upon the Agency to apply the simplified procedure set out below:
(a) On the basis of information acquired through the declarations made
under Articles1 and 2 of thisRegulation, the Agency s hall, after
obtaining the Opinion of the Advisory Committee, lay down the
general conditionsto be fulfilled in s upply contractscovering thatproduct;
(b) These general conditions shall be made known to the parties
concerned, who shall then be empowered to negotiate directly andto sign contracts;
(c) Contractss hall be communicated to the Agency and deemed to be
concluded by it if no objection isnotified by the Agency to thepartiesconcerned within eight daysfrom the time of receipt of the
contracts.
The procedure set out in this Article shall not apply to supply contracts
relating to special fissile materials.
Article 5 bis
Asfar asoresand s ource materialsare concerned,
(a) users shall be authorized to invite tenders directly from the produ-
cersof their choice and to negotiate the s upply contract freely with
the latter;
(b) users shall communicate to the Agency information obtained by
them from the producersin res pect of:
(i) the number of tendersreceived,
(ii) the quantitiesoffered,
(iii) the range of tendering prices;
(c) the supply contract shall include at least the following information:
1. designation of the contracting parties,
2. quantitiesof materialsto be s upplied,3. annual calendar of delivery dates,4. nature of the materialsto be s upplied,5. country of origin of the materials to be supplied. If the supplier
isunable to provide thisinformation at the time of entering intothe contract, he shall give the user and the Agency an under-taking that he will subsequently inform them in writing of the
country of origin of each part delivery,
6. price and termsof payment,1960R0511 — EN — 25.07.1975 — 001.002 — 3
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7. duration of the contracts;
(d) the contract shall, for the purposes of its conclusion, be submitted
to the Agency for signature within 10 working days;
(e) if the supply contract does not contain any stipulation concerning
the use to which the materials are to be put, the user shall at thesame time supply the Agency with a written statement to that
effect;
(f) the Agency shall act, either by concluding or refusing to conclude
the contract, within 10 working daysfrom the date of receipt
thereof;
(g) a refusal to conclude the contract shall be notified to the parties
concerned in a reasoned decision. This decision may be referredto the Commission in accordance with the provisions of ArticleVIII (3) of the Statutesof the Euratom Supply Agency(
1);
(h) in the event of cancellation of the supply contract, the Agency shall
be notified thereof;
(i) any amendment to the supply contract shall require the signature of
the Agency, in accordance with the procedure for the original
contract.
Article 6
►C1Save where exception isprovided ◄for by Article 5, demand
shall be balanced against supply in accordance with the followingprocedure:
Users shall notify the Agency, by the dates and in respect of the
periods fixed by it, of their requirements in respect of supplies ofores, source materials and special fissile materials.
As soon as these requirements are known, the Agency shall, by inviting
tenders and indicating all relevant specifications, fix the dates bywhich, and the periodsin res pect of which, producersin the Commu-nity are invited to submit their tenders.
By submitting their tenders, producers in the Community shall be
considered to have fulfilled the obligation devolving upon thempursuant to the second subparagraph of Article 57 (2) of the Treaty.As soon as those tenders are received, the Agency shall decide whetherit will exercise its right of option and, if it does so, the quantities that
option will cover.
The Agency shall notify users of the tenders and of the number of
applicationsit hasreceived and s hall make known to the parties
concerned the termson which their applicationscan be met and the
procedureswhereby contractss hall be concluded.
Article 7
Independently of the procedureslaid down in Articles5, 5 bisand 6 of
thisRegulation, us ersmay at any time make application to, or place
orders with, the Agency. Such orders shall be met on the best terms
in relation to supplies available on the market.
Article 8
ThisRegulation s hall enter into force in itsentirety on 1 June 1960 for
contracts relating to the supply of special fissile materials.
As regards contracts for the supply of ores and source materials, imple-
mentation of Articles 5 and 6 shall be deferred for six months from thatdate and shall take effect on 1 December 1960. During that periodcontracts falling within the provisions of this paragraph shall continue1960R0511 — EN — 25.07.1975 — 001.002 — 4
(1) OJ No 27, 6. 12. 1958, p. 537/58.▼B
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to be subject to the prior approval of the Commission, in accordance
with Article 222 of the Treaty.1960R0511 — EN — 25.07.1975 — 001.002 — 5