ddrg/super_eurlex huggingface dataset:
Treaty establishing the European Coal and Steel Community - Title II - The institutions of the Community - Chapter 5 - The Court of Auditors - Article 45b

1. The Court of Auditors shall consist of 15 Members.*

* Paragraph 1 as amended by Article 22 AA A/FIN/SWE in the version resulting from Article 13 AD AA A/FIN/SWE.

2. The Members of the Court of Auditors shall be chosen from among persons who belong or have belonged in their respective countries to external audit bodies or who are especially qualified for this office. Their independence must be beyond doubt.

3. The Members of the Court of Auditors shall be appointed for a term of six years by the Council, acting unanimously after consulting the European Parliament.

However, when the first appointments are made, four Members of the Court of Auditors, chosen by lot, shall be appointed for a term of office of four years only.

The Members of the Court of Auditors shall be eligible for reappointment.

They shall elect the President of the Court of Auditors from among their number for a term of three years. The President may be re elected.

4. The Members of the Court of Auditors 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.

5. The Members of the Court of Auditors 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 regards the acceptance, after they have ceased to hold office, of certain appointments or benefits.

6. Apart from normal replacement, or death, the duties of a Member of the Court of Auditors shall end when he resigns, or is compulsorily retired by a ruling of the Court of Justice pursuant to paragraph 7.

The vacancy thus caused shall be filled for the remainder of the Member's term of office.

Save in the case of compulsory retirement, Members of the Court of Auditors shall remain in office until they have been replaced.

7. A Member of the Court of Auditors may be deprived of his office or of his right to a pension or other benefits in its stead only if the Court of Justice, at the request of the Court of Auditors, finds that he no longer fulfils the requisite conditions or meets the obligations arising from his office.

8. The Council, acting by a qualified majority, shall determine the conditions of employment of the President and the Members of the Court of Auditors and in particular their salaries, allowances and pensions. It shall also, by the same majority, determine any payment to be made instead of remuneration.

9. The provisions of the Protocol on the privileges and immunities of the European Communities applicable to the Judges of the Court of Justice shall also apply to the Members of 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 IV* - The Court of First instance of the European Communities - Procedure before the Court of First Instance - Article 47

* 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 application or other procedural document addressed to the Court of First Instance is lodged by mistake with the Registrar of the Court of Justice it shall be transmitted immediately by that Registrar to the Registrar of the Court of First Instance; likewise, where an application or other procedural document addressed to the Court of Justice is lodged by mistake with the Registrar of the Court of First Instance, it shall be transmitted immediately by that Registrar to the Registrar of the Court of Justice.

Where the Court of First Instance finds that it does not have jurisdiction to hear and determine an action in respect of which the Court of Justice has jurisdiction, it shall refer that action to the Court of Justice; likewise, where the Court of Justice finds that an action falls within the jurisdiction of the Court of First Instance, it shall refer that action to the Court of First Instance, whereupon that Court may not decline jurisdiction.

Where the Court of Justice and the Court of First Instance are seised of cases in which the same relief is sought, the same issue of interpretation is raised or the validity of the same act is called in question, the Court of First Instance may, after hearing the parties, stay the proceedings before it until such time as the Court of Justice shall have delivered judgment. Where applications are made for the same act to be declared void, the Court of First Instance may also decline jurisdiction in order that the Court of Justice may rule on such applications. In the cases referred to in this subparagraph, the Court of Justice may also decide to stay the proceedings before it; in that event, the proceedings before the Court of First Instance shall continue.
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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 APPELLANT 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 .

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 .
11957A133

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 133
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 IX: THE NUCLEAR COMMON MARKET, ARTICLE 100





++++ 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 .
11957A210

TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY ( E.A.E.C. - EURATOM ), TITLE SIX - PROVISIONS RELATING TO THE INITIAL PERIOD, SECTION I: SETTING UP OF THE INSTITUTIONS, ARTICLE 210
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 II: DISSEMINATION OF INFORMATION, SECTION II: OTHER INFORMATION, A) DISSEMINATION BY AMICABLE AGREEMENT, ARTICLE 14





++++ 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 .
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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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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 .

THE COUNCIL MAY , ACTING BY A QUALIFIED MAJORITY , PROVIDED THAT THE OTHER CONDITIONS LAID DOWN IN THE FIRST AND SECOND PARAGRAPH ARE OBSERVED , AUTHORISE EXPENDITURE IN EXCESS OF ONE TWELFTH , SUBJECT TO THE LIMITS RESULTING FROM PROGRAMMES OR DECISIONS INVOLVING 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 .
TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY ( E.A.E.C. - EURATOM ), CONVENTION ON CERTAIN INSTITUTIONS COMMON TO THE EUROPEAN COMMUNITIES, SECTION II: THE COURT OF JUSTICE, ARTICLE 3





Article 3 The jurisdiction which the Treaty establishing the European Economic Community and the Treaty establishing the European Atomic Energy Community confer upon the Court of Justice shall be exercised, in accordance with those Treaties, by a single Court of Justice composed and appointed as provided in Articles 165 to 167 of the Treaty establishing the European Economic Community and in Articles 137 to 139 of the Treaty establishing the European Atomic Energy Community.
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ARTICLE 172

1 . THE OPERATING BUDGET REVENUE SHALL INCLUDE , IRRESPECTIVE OF ANY OTHER ORDINARY REVENUE , FINANCIAL CONTRIBUTIONS OF MEMBER STATES ON THE FOLLOWING SCALE :

BELGIUM : 7,9

GERMANY : 28

FRANCE : 28

ITALY : 28

LUXEMBOURG : 0,2

NETHERLANDS : 7,9

2 . THE RESEARCH AND INVESTMENT BUDGET REVENUE SHALL INCLUDE , IRRESPECTIVE OF ANY OTHER RESOURCES , FINANCIAL CONTRIBUTIONS OF MEMBER STATES ON THE FOLLOWING SCALE :

BELGIUM : 9,9

GERMANY : 30

FRANCE : 30

ITALY : 23

LUXEMBOURG : 0,2

NETHERLANDS : 6,9

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 .
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ARTICLE 138

THE COURT OF JUSTICE SHALL BE ASSISTED BY TWO ADVOCATES-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 .
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ARTICLE 17

1 . FAILING AMICABLE AGREEMENT , NON-EXCLUSIVE LICENCES MAY BE GRANTED EITHER BY ARBITRATION OR UNDER COMPULSORY POWERS IN ACCORDANCE WITH ARTICLES 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 INCLUDE THE RIGHT TO AUTHORISE THIRD PARTIES TO MAKE USE OF THE INVENTION , WHERE THEY ARE CARRYING OUT WORK FOR OR ORDERS PLACED BY THE COMMUNITY OR JOINT UNDERTAKINGS ;

( B ) TO PERSONS OR UNDERTAKINGS WHICH HAVE APPLIED TO THE COMMISSION FOR THEM IN RESPECT OF PATENTS , PROVISIONALLY PROTECTED PATENT RIGHTS OR UTILITY MODELS RELATING TO INVENTIONS DIRECTLY CONNECTED WITH AND ESSENTIAL TO THE DEVELOPMENT OF NUCLEAR ENERGY IN THE COMMUNITY , PROVIDED THAT ALL THE FOLLOWING CONDITIONS ARE FULFILLED :

( I ) AT LEAST FOUR YEARS HAVE CLAPSED SINCE THE FILLING 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 .
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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 .
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 IV: THE COURT OF JUSTICE, ARTICLE 156





++++ 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 .
TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY ( E.A.E.C. - EURATOM ), TITLE SIX - PROVISIONS RELATING TO THE INITIAL PERIOD, SECTION II: PROVISIONS FOR THE INITIAL APPLICATION OF THIS TREATY, ARTICLE 220





++++ ARTICLE 220 THE COMMISSION PROPOSALS RELATING TO THE STATUES 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 .
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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 DISCUSSED WITH IT IN ACCORDANCE WITH THE PROCEDURES LAID DOWN IN ARTICLES 43 AND 44 .
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ARTICLE 166

THE NUMBER OF MEMBERS OF THE COMMITTEE SHALL BE AS FOLLOWS :

BELGIUM : 12

GERMANY : 24

FRANCE : 24

ITALY : 24

LUXEMBOURG : 5

NETHERLANDS : 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 MANDATORY INSTRUCTIONS .
11957A/PRO/CJ/31

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 31
11957A/PRO/CJ/33

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 33
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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 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 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 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 .
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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 :

( A ) PRODUCTS IN LISTS A1 AND A2 ;

( 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 FISAL 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 .
TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY ( E.A.E.C. - EURATOM ), TITLE FIVE - GENERAL PROVISIONS, ARTICLE 185





++++ 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 .
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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 :

THE 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

ADENAUER

PINEAU

ANTONIO SEGNI

BECH

J . LUNS

J . CH . SNOY ET D'OPPUERS

HALLSTEIN

M . FAURE

GAETANO MARTINO

LAMBERT SCHAUS

J . LINTHORST HOMAN
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 V: JOINT UNDERTAKINGS, ARTICLE 45





++++ 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 .
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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 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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ARTICLE 4

THE JUDGES 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 .