ddrg/super_eurlex huggingface dataset:
11957A113

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 113
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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 .
TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY ( E.A.E.C. - EURATOM ), TITLE FIVE - GENERAL PROVISIONS, ARTICLE 207





++++ ARTICLE 207 THE PROTOCOLS ANNEXED TO THIS TREATY BY COMMON ACCORD OF THE MEMBER STATES SHALL FORM AN INTEGRAL PART THEREOF .
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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 .

2 . 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 CONCLUDE 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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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 .
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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 QUALIFIED MAJORITY .
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Article 49

Joint Undertakings shall be established by Council decision .

Each Joint Undertaking shall have legal personality .

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 governed by the rules applying to industrial or commercial undertakings ; its statutes may make subsidiary 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 .
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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 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 .

4 . UNUSED PAYMENT AUTHORISATIONS SHALL BE CARRIED FORWARD TO THE NEXT FINANCIAL YEAR BY DECISION OF THE COMMISSION , UNLESS THE COUNCIL DECIDES OTHERWISE .
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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 .

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 .
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ARTICLE 17

THE STATES AND THE INSTITUTIONS 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 .

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 PROCEDURE .

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 .

UNIVERSITY TEACHERS BEING NATIONALS OF A MEMBER STATE WHOSE LAW ACCORDS 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 .
TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY ( E.A.E.C. - EURATOM ), TITLE TWO - PROVISIONS FOR THE ENCOURAGEMENT OF PROGRESS IN THE FIELD OF NUCLEAR ENERGY, CHAPTER X: EXTERNAL RELATIONS, ARTICLE 102





++++ 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 THAT THOSE AGREEMENTS OR CONTRACTS HAVE BECOME APPLICABLE IN ACCORDANCE WITH THE PROVISIONS OF THEIR RESPECTIVE NATIONAL LAWS .
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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 49

JOINT UNDERTAKINGS SHALL BE ESTABLISHED BY COUNCIL DECISION .

EACH JOINT UNDERTAKING SHALL HAVE LEGAL PERSONALITY .

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 GOVERNED BY THE RULES APPLYING TO INDUSTRIAL OR COMMERCIAL UNDERTAKINGS ; ITS STATUTES MAY MAKE SUBSIDIARY 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 .
IV -FINAL ACT - DECLARATION BY THE GOVERNMENT OF THE FEDERAL REPUBLIK OF GERMANY on the definition of the expression »German national«

At the time of signature of the Treaty establishing the European Economic Community and the Treaty establishing the European Atomic Energy Community, the Government of the Federal Republic of Germany makes the following declaration:

»All Germans as defined in the Basic Law for the Federal Republic of Germany shall be considered nationals of the Federal Republic of Germany.«
Article 5

1. The functions which the Treaty establishing the European Economic Community and the Treaty establishing the European Atomic Energy Community confer upon The Economic and Social Committee shall be exercised, in accordance with those Treaties, by a single Economic and Social Committee composed and appointed as provided in Article 194 of the Treaty establishing the European Economic Community and in Article 166 of the Treaty establishing the European Atomic Energy Community.

2. The single Economic and Social Committee referred to in paragraph 1 shall include a section specializing in, and may include subcommittees component for, the field or questions dealt with in the Treaty establishing the European Atomic Energy Community.

3. The provisions of Articles 193 and 197 of the Treaty establishing the European Economic Community shall apply to the single Economic and Social Committee referred to in paragraph 1.
Article 140a* (* Article added by Article 26 of the SEA.)

1. At the request of the Court of Justice and after consulting the Commission and the European Parliament, the Council may, acting unanimously, attach to the Court of Justice a court with jurisdiction to hear and determine at first instance, subject to a right of appeal to the Court of Justice on points of law only and in accordance with the conditions laid down by the Statute, certain classes of action or proceeding brought by natural or legal persons. That court shall not be competent to hear and determine actions brought by Member States or by Community institutions or questions referred for a preliminary ruling under Article 150.

2. The Council, following the procedure laid down in paragraph 1, shall determine the composition of that court and adopt the necessary adjustments and additional provisions to the Statute of the Court of Justice. Unless the Council decides otherwise, the provisions of this Treaty relating to the Court of Justice, in particular the provisions of the Protocol on the Statute of the Court of Justice, shall apply to that court.

3. The members of that court shall be chosen from persons whose independence is beyond doubt and who possess the ability required for appointment to judicial office; they shall be appointed by common accord of the Government of the Member States for a term of six years. The membership shall be partially renewed every three years. Retiring members shall be eligible for reappointment.

4. That court shall establish its rules of procedure in agreement with the Court of Justice. Those rules shall require the unanimous approval of the Council.
Article 107d

1. The European Parliament shall appoint an Ombudsman empowered to receive complaints from any citizen of the Union or any natural or legal person residing or having its registered office in a Member State concerning instances of maladministration in the activities of the Community institutions or bodies, with the exception of the Court of Justice and the Court of First Instance acting in their judicial role.

In accordance with his duties, the Ombudsman shall conduct inquiries for which he finds grounds, either on his own initiative or on the basis of complaints submitted to him direct or through a member of the European Parliament, except where the alleged facts are or have been the subject of legal proceedings. Where the Ombudsman establishes an instance of maladministration, he shall refer the matter to the institution concerned, which shall have a period of three months in which to inform him of its views. The Ombudsman shall then forward a report to the European Parliament and the institution concerned. The person lodging the complaint shall be informed of the outcome of such inquiries.

The Ombudsman shall submit an annual report to the European Parliament on the outcome of his inquiries.

2. The Ombudsman shall be appointed after each election of the European Parliament for the duration of its term of office. The Ombudsman shall be eligible for reappointment.

The Ombudsman may be dismissed by the Court of Justice at the request of the European Parliament if he no longer fulfils the conditions required for the performance of his duties or if he is guilty of serious misconduct.

3. The Ombudsman shall be completely independent in the performance of his duties. In the performance of those duties he shall neither seek nor take instructions from any body. The Ombudsman may not, during his term of office, engage in any other occupation, whether gainful or not.

4. The European Parliament shall, after seeking an opinion from the Commission and with the approval of the Council acting by a qualified majority, lay down the regulations and general conditions governing the performance of the Ombudsman's duties.
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 of one thousand nine hundred and fifty-seven.

J. Ch. SNOY ET D'OPPUERS

C. F. OPHUELS

Robert MARJOLIN

Vittorio BADINI CONFALONIERI

Lambert SCHAUS

J. LINTHORST HOMAN
CHAPTER 1

APPLICATION OF CERTAIN PROVISIONS OF THE TREATY ON EUROPEAN UNION AND OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION

40
EN Official Journal of the European Union C 203/24

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.
EN Official Journal of the European Union C 203/27

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 shall comply with the second subparagraph of Article 59(b).

2. Nevertheless, while continuing to be subject to the provisions of Chapter 7, 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 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.
EN Official Journal of the European Union C 203/50

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 Netherlands, to the extent that the objectives of these regional unions are not attained by application of this Treaty.
EN Official Journal of the European Union C 203/22

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.

2. The Commission shall forward to the Council any project for establishing a Joint Undertaking, together with its reasoned opinion.

If the Commission delivers 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;

(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.
EN Official Journal of the European Union C 203/38

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.

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 conclude the proposed agreement or contract until it has satisfied the objections of the Commission or complied with a ruling by the Court of Justice of the European Union, 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 of the European Union at any time after the State has received the comments of the Commission.
EN Official Journal of the European Union C 203/9

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 sublicences under patents, provisionally protected patent rights, utility models or patent applications, where the Community holds contractual licences conferring power to do so.

The Commission shall grant such licences or sublicences 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 sublicences 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 of the European Union so that appropriate terms may be fixed.
EN Official Journal of the European Union C 203/37

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 European Parliament, 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.
EN Official Journal of the European Union C 203/28

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 conclude. The Commission may, within one month, object to the conclusion of such contracts if they are contrary to the objectives of this Treaty.
EN Official Journal of the European Union C 203/25

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 8;

(b) the acquisition of the right of ownership in all other cases.

2. The Agency shall exercise its right of option by concluding contracts with producers 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.
EN Official Journal of the European Union C 203/9

Article 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.

The Commission shall determine the details of such training.

2. An institution of university status shall be established; the way in which it will function shall be determined by the Council, acting by a qualified majority on a proposal from the Commission.
EN Official Journal of the European Union C 203/28

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.
EN Official Journal of the European Union C 203/18

Article 30

Basic standards shall be laid down within the Community for the protection of the health of workers and the general public against the dangers arising from ionizing radiations.

The expression ‘basic standards’ means:

(a) maximum permissible doses compatible with adequate safety;

(b) maximum permissible levels of exposure and contamination;