ddrg/super_eurlex huggingface dataset:
Treaty establishing the European Coal and Steel Community - TITLE II - The institutions of the Community - Chapter 1 - The Commission - Article 9*

*As inserted by Article H(2) TEU.

1. The Commission shall consist of 20 Members, who shall be chosen on the grounds of their general competence and whose independence is beyond doubt.**

** First subparagraph as amended by Article 16 AA A/FIN/SWE in the version resulting from Article 9 AD AA A/FIN/SWE.

The number of Members of the Commission may be altered by the Council, acting unanimously.**

** Second paragraph as amended by Article 12 AA A/FIN/SWE. See also Council Decision of 1 January 1995 determining the order in which the office of President of the Council shall be held.

Only nationals of the Member States may be Members of the Commission.

The Commission must include at least one national of each of the Member States, but may not include more than two Members having the nationality of the same State.

2. 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 duties, 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, during 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 regardsthe acceptance, after they have ceased to hold office, of certain appointments or benefits. In the event of any breach of the obligations, the Court of Justice 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 Article 12a or deprived of his right to a pension or other benefits in its stead.
Treaty establishing the European Coal and Steel Community - Convention on the Transitional Provisions - Part Two - Relations between the Community and third countries - Chapter 1 - Negotiations with Third Countries - Article 16

Save with the agreement of the Commission, the undertaking given under Article 72 of the Treaty shall debar Member States from binding by international agreements the customs duties in force at the date of entry into force of the Treaty.

Earlier bindings under bilateral or multilateral agreements shall be notified to the Commission, which shall examine whether their retention is compatible with the proper functioning of the common arrangements and may if necessary make to Member States the appropriate recommendations for terminating the bindings by the procedure provided in the agreements containing them.
11951K/PRO/PRI/08

TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY ( ECSC ), PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN COAL AND STEEL COMMUNITY, CHAPTER III: MEMBERS OF THE ASSEMBLY, ARTICLE 8
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ON THE TERRITORY OF EACH OF THE MEMBER STATES , AND REGARDLESS OF THEIR NATIONALITY , THE MEMBERS OF THE HIGH AUTHORITY AND OFFICIALS OF THE COMMUNITY :

( A ) SHALL ENJOY , SUBJECT TO THE PROVISIONS OF THE SECOND PARAGRAPH OF ARTICLE 40 OF THE TREATY , IMMUNITY FROM LEGAL ACTION FOR ACTS PERFORMED BY THEM IN THEIR OFFICIAL CAPACITY , INCLUDING THEIR SPEECHES AND WRITINGS ; THIS IMMUNITY SHALL CONTINUE AFTER THEIR FUNCTIONS HAVE CEASED ;

( B ) SHALL BE EXEMPT FROM ANY TAX ON SALARIES OR EMOLUMENTS PAID BY THE COMMUNITY ;

( C ) SHALL BE EXEMPT , ALONG WITH THEIR SPOUSES AND THE DEPENDENT MEMBERS OF THEIR FAMILIES , FROM REGULATIONS LIMITING IMMIGRATION AND FROM FORMALITIES FOR THE REGISTRATION OF FOREIGNERS ;

( D ) SHALL ENJOY THE RIGHT TO IMPORT THEIR PERSONEL PROPERTY AND EFFECTS FREE OF DUTY AT THE TIME THEY INITIALLY ASSUME THEIR FUNCTIONS IN THE COUNTRY IN QUESTION , AND TO RE-EXPORT SUCH PROPERTY AND EFFECTS FREE OF DUTY TO THEIR COUNTRY OF RESIDENCE WHEN THEIR FUNCTIONS CEASE .
Treaty establishing the European Coal and Steel Community - Title IV - General provisions - Article 78g*

* As amended by Article H(17) TEU.

1. The European Parliament, acting on a recommendation from the Council, which shall act by a qualified majority, shall give a discharge to the Commission in respect of the implementation of the administrative budget. To this end, the Council and the European Parliament in turn shall examine the accounts and the financial statement referred to in Article 78d, the annual report by the Court of Auditors together with the replies of the institutions under audit to the observations of the Court of Auditors, and any relevant special reports by the Court of Auditors.

2. Before giving a discharge to the Commission, or for any other purpose in connection with the exercise of its powers over the implementation of the administrative budget, the European Parliament may ask to hear the Commission give evidence with regard to the execution of expenditure or the operation of financial control systems. The Commission shall submit any necessary information to the European Parliament at the latter's request.

3. The Commission shall take all appropriate steps to act on the observations in the decisions giving discharge and on other observations by the European Parliament relating to the execution of expenditure, as well as on comments accompanying the recommendations on discharge adopted by the Council.

At the request of the European Parliament or the Council, the Commission shall report on the measures taken in the light of these observations andcomments and in particular on the instructions given to the departments which are responsible for the implementation of the administrative budget. These reports shall also be forwarded to the Court of Auditors.
Treaty establishing the European Coal and Steel Community - Protocol on the Statute of the Court of Justice of the European Coal and Steel Community - Title III - Procedure - Proceedings by third parties - Article 43

Decisions taken by the Commission under Article 63(2) of this Treaty must be notified to the purchaser and to the undertakings concerned; if the decision concerns all or a large number of undertakings, publication may be substituted for individual notification.

Appeals may be brought, under Article 36 of this Treaty, by any person on whom a periodic penalty payment has been imposed under the fourth subparagraph of Article 66(5).
Treaty establishing the European Coal and Steel Community - Protocol on the Statute of the Court of Justice of the European Coal and Steel Community - Title IV* - The Court of First instance of the European Communities - Procedure before the Court - Article 52

* Inserted by Article 5 of the Council Decision of 24 October 1988 establishing a Court of First Instance of the European Communities (OJ L 319, 25. 11. 1988, p. 1).

Where an appeal is brought against a decision of the Court of First Instance, the procedure before the Court of Justice shall consist of a written part and an oral part. In accordance with conditions laid down in the Rules of Procedure the Court of Justice, having heard the Advocate General and the parties, may dispense with the oral procedure.
TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY ( E.A.E.C. - EURATOM ), TITLE THREE - PROVISIONS GOVERNING THE INSTITUTIONS, SECTION I: THE ASSEMBLY, SECTION II: THE COUNCIL, ARTICLE 122





++++ 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 .
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- TEXT OF THE TREATY

PREAMBLE

TITLE ONE - THE TASKS OF THE COMMUNITY

TITLE TWO - PROVISIONS FOR THE ENCOURAGEMENT OF PROGRESS IN THE FIELD OF NUCLEAR ENERGY

CHAPTER I : PROMOTION OF RESEARCH

CHAPTER II : DISSEMINATION OF INFORMATION

CHAPTER III : HEALTH AND SAFETY

CHAPTER IV : INVESTMENT

CHAPTER V : JOINT UNDERTAKINGS

CHAPTER VI : SUPPLIES

CHAPTER VII : SAFEGUARDS

CHAPTER VIII : PROPERTY OWNERSHIP

CHAPTER IX : THE NUCLEAR COMMON MARKET

CHAPTER X : EXTERNAL RELATIONS

TITLE THREE - PROVISIONS GOVERNING THE INSTITUTIONS

CHAPTER I : THE INSTITUTIONS OF THE COMMUNITY

CHAPTER II : PROVISIONS COMMON TO SEVERAL INSTITUTIONS

CHAPTER III : THE ECONOMIC AND SOCIAL COMMITTEE

TITLE FOUR - FINANCIAL PROVISIONS

TITLE FIVE - GENERAL PROVISIONS

TITLE SIX - PROVISIONS RELATING TO THE INITIAL PERIOD

FINAL PROVISIONS

ANNEXES

/ * 157AN * /

ANNEX I - FIELDS OF RESEARCH CONCERNING NUCLEAR ENERGY REFERRED TO IN ARTICLE 4 OF THIS TREATY

ANNEX II - INDUSTRIAL ACTIVITIES REFERRED TO IN ARTICLE 41 OF THIS TREATY

ANNEX III - ADVANTAGES WHICH MAY BE CONFERRED ON JOINT UNDERTAKINGS UNDER ARTICLE 48 OF THIS TREATY

ANNEX IV - LIST OF GOODS AND PRODUCTS SUBJECT TO THE PROVISIONS OF CHAPTER IX ON THE NUCLEAR COMMON MARKET

ANNEX V - INITIAL RESEARCH AND TRAINING PROGRAMME REFERRED TO IN ARTICLE 215 OF THIS TREATY

BREAKDOWN BY MAIN HEADINGS OF THE EXPENDITURE REQUIRED TO CARRY OUT THE RESEARCH AND TRAINING PROGRAMME

- PROTOCOLS

PROTOCOL ON THE APPLICATION OF THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY TO THE NON-EUROPEAN PARTS OF THE KINGDOM OF THE NETHERLANDS

/ * 157A/PRO/N * /

PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EUROPEAN ATOMIC ENERGY COMMUNITY

/ * 157A/PRO/CJ * /

PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN ATOMIC ENERGY COMMUNITY

/ * 157A/PRO/PRI * /

- CONVENTION ON CERTAIN INSTITUTIONS COMMON TO THE EUROPEAN COMMUNITIES

/ * 157A/CNV/COM * /

SECTION I : THE ASSEMBLY

SECTION II : THE COURT OF JUSTICE

SECTION III : THE ECONOMIC AND SOCIAL COMMITTEE

SECTION IV : THE FINANCING OF THESE INSTITUTIONS

FINAL PROVISIONS
TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY ( E.A.E.C. - EURATOM ), TITLE THREE - PROVISIONS GOVERNING THE INSTITUTIONS, CHAPTER I: THE INSTITUTIONS OF THE COMMUNITY, SECTION I: THE ASSEMBLY, ARTICLE 107





++++ 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 .
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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 A1 , THE COMMON CUSTOMS 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 A2 , 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 A1 AND A2 SHALL BE APPLIED FROM THE END OF THE FIRST YEAR FOLLOWING THE ENTRY INTO FORCE OF THIS TREATY .
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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 .
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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 SUBPARAGRAPH . 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 .

THE COMMUNICATIONS SHALL IN ALL CASES BE SUBJECT TO THE CONSENT OF THE STATE OF ORIGIN . CONSENT TO COMMUNICATION AND USE MAY BE WITHHELD ONLY FOR DEFENCE REASONS .

3 . 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 COUNCIL SHALL OBTAIN THE OPINION OF THE COMMISSION BEFORE TAKING ANY ACTION ON A REQUEST FROM A MEMBER STATE .
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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 .

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 .

WHEN 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 .
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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 .
IV -FINAL ACT - JOINT DECLARATION on cooperation with the States members of international organizations

THE GOVERNMENT OF THE KINGDOM OF BELGIUM, THE FEDERAL REPUBLIC OF GERMANY, THE FRENCH REPUBLIC, THE ITALIAN REPUBLIC, THE GRAND DUCHY OF LUXEMBOURG AND THE KINGDOM OF THE NETHERLANDS,

AT THE TIME of signature of the Treaties establishing the European Economic Community and the European Atomic Energy Community,

CONSCIOUS of the responsibilities which they are assuming for the future of Europe by combining their markets, bringing their economies closer together and laying down the principles and details of a common policy in this field,

RECOGNIZING that, by setting up a customs union and working closely together on the peaceful development of nuclear energy, they will be ensuring economic and social progress and thus contributing not only to their own prosperity but also that of other countries,

ANXIOUS that these countries should share in the prospects of expansion afforded thereby,

DECLARE THEIR READINESS to conclude, as soon as these Treaties enter into force, agreements with other countries, particularly within the framework of the international organizations to which they belong, in order to attain these objectives of common interest and ensure the harmonious development of trade in general.
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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 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 .

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 .
11957A/PRO/CJ/14

TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY ( E.A.E.C. - EURATOM ), PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EUROPEAN ATOMIC ENERGY COMMUNITY, TITLE II - ORGANISATION, ARTICLE 14
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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 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 OR 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 .
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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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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 : 14

GERMANY : 36

FRANCE : 36

ITALY : 36

LUXEMBOURG : 6

NETHERLANDS : 14

3 . THE ASSEMBLY SHALL DRAW UP PROPOSALS FOR ELECTIONS BY DIRECT UNIVERSAL SUFFRAGE IN ACCORDANCE WITH A UNIFORM PROCEDURE IN ALL MEMBER STATES .

THE COUNCIL SHALL , ACTING UNANIMOUSLY , LAY DOWN THE APPROPRIATE PROVISIONS , WHICH IT SHALL RECOMMEND TO MEMBER STATES FOR ADOPTION IN ACCORDANCE WITH THEIR RESPECTIVE CONSTITUTIONAL REQUIREMENTS .
TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY ( E.A.E.C. - EURATOM ), PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EUROPEAN ATOMIC ENERGY COMMUNITY, TITLE III - PROCEDURE, ARTICLE 44





++++ 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 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 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 .

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 END 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 NUMBER FOR A TERM OF THREE YEARS . HE MAY BE RE-ELECTED .
11957A135

TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY ( E.A.E.C. - EURATOM ), TITLE THREE - PROVISIONS GOVERNING THE INSTITUTIONS, CHAPTER I: THE INSTITUTIONS OF THE COMMUNITY, SECTION III: THE COMMISSION, ARTICLE 135