The Statutes of the Euratom Supply Agency

THE COUNCIL OF THE EUROPEAN ATOMIC ENERGY COMMUNITY,

Having regard to Article 54 of the Treaty;

Having regard to the proposal from the Commission;

HAS DECIDED:

To lay down the Statutes of the Euratom Supply Agency as follows:

Article I

Name and object

1. The Agency established by Article 52 and subsequent Articles of the Treaty of 25 March 1957 establishing the European Atomic Energy Community (hereinafter called the "Treaty") shall be called the "Euratom Supply Agency" (hereinafter called the "Agency").

2. The sole object of the Agency shall be to carry out the tasks assigned to it by the Treaty. It shall be governed by the provisions of the Treaty and of these Statutes. Any difficulties which may arise in interpreting the Statutes shall be settled by reference to the aims assigned to the Agency by the Treaty.

Article II

Legal status and capacity

1. The Agency shall have legal personality.

2. The Agency shall in each of the Member States enjoy the most extensive legal capacity accorded to legal persons under public and private law. It may in particular acquire and dispose of moveable and immoveable property, conclude contracts, give real or personal security, act as broker, authorised agent or commission agent, be a party to legal proceedings, agree to go to arbitration, compound and carry out commercial transactions and make any regulations which may be required for the carrying out of its tasks.

It may also raise loans subject to the conditions laid down in these Statutes.

3. The Agency shall carry on its activities solely in the general interest. It shall operate on a non-profit-making basis.

4. The Agency shall be recognised as an institution of public interest status.

Article III

Seat

1. The seat of the Agency shall be established in the town in which the Commission has its seat.

2. The Agency may, with the consent of the Commission, establish branches.

It may on its own initiative take any further measures concerning its own internal organisation which may be required for the carrying out of its tasks both within and outside the Community. It may in particular appoint agents and set up depots.

Article IV

Duration

No fixed period is set for the existence of the Agency.

In accordance with Article 76 of the Treaty, the provisions of Chapter VI concerning supplies shall be confirmed or amended at the end of the period laid down in that Article.

Article V

Capital

1. The capital of the Agency shall amount to 2400000 EPU units of account.

2. The capital shall be divided according to the following scale:

Belgium | 8 |

Germany | 28 |

France | 28 |

Italy | 28 |

Netherlands | 8 |

3. An instalment of 10% of the capital shall be paid to the Agency within thirty days from the entry into force of these Statutes. Further instalments of the capital shall be called up by decision of the Council acting by a qualified majority on a proposal from the Commission. There shall, however, be a legal obligation pursuant to these Statutes to make payment to the extent necessary to meet obligations entered into by the Agency towards its creditors. The decision of the Council shall forthwith be communicated to the subscriber States. The amount of the instalment called up shall be paid to the Agency within thirty days following that decision.

4. Participation in the capital shall not confer any right to vote nor any entitlement to dividend or interest. It shall carry the right to repayment of the nominal amount of the instalments of the paid-up capital in the sole event of the Agency being wound up.

5. All payments of capital shall be made in the national currency of the subscriber State.

6. Should the parity of the currency of a Member State in relation to the unit of account defined above be reduced, that State shall adjust in proportion to the change in parity the amount of the share of capital subscribed by it by making a supplementary payment to the Agency which shall be limited to the amount of the assets actually held in the currency of that State. The payment shall be made within two months.

7. Should the parity of the currency of a Member State in relation to the unit of account defined above be increased, the Agency shall adjust in proportion to the change in parity the amount of the share of capital subscribed by that State by making a repayment to that State which shall be limited to the amount of the assets actually held in the currency of that State. Payment shall be mace within two months.

Article VI

Charges

1. The Agency shall make a charge, the proceeds of which shall be used solely to defray its operating expenses.

2. The charge shall be made on transactions in which the Agency takes part by exercising its right of option or its exclusive right to conclude supply contracts.

3. The rate of charge shall be fixed in such a way as to defray the operating expenses of the Agency.

Any surplus left over from the proceeds of the charge after deducting the operating expenses as ascertained at the end of the financial year shall be paid into a reserve fund.

Whenever it is found at the end of any financial year that the amount of the reserve fund exceeds the operating expenses for that year, the rare of charge shall be revised in order to prevent a similar situation from occurring at the end of the following year.

4. The rate of charge and the methods whereby it is to be assessed and collected shall, after consultation with the Council, be fixed by the Commission acting on a proposal from the Director-General, who shall obtain beforehand the opinion of the Advisory Committee referred to in Article X.

Article VII

Financial organisation

1. The Agency shall have financial autonomy. It shall operate according to commercial rules.

2. The Agency shall at all times be entitled to transfer the assets which it holds in the currency of one Member State into the currency of another Member State in order to carry out financial operations which accord with its aims as defined by the Treaty and are consistent with these Statutes.

The Agency shall as far as possible avoid making such transfers if it has cash or liquid assets in the currency required.

The Agency may use in the following ways funds which it does not immediately require for the purposes of meeting its obligations:

(a) it may invest on the money markets;

(b) it may carry out any other financial operation connected with its object.

Without prejudice to the provisions of the first subparagraph, the Agency shall not, in managing its investments, engage in any currency arbitrage not directly necessary for carrying out its tasks.

3. The Agency shall require the purchaser to make payment in the currency needed by the Agency for the purpose of carrying out the relevant operation.

4. The Agency may dispose freely of funds in the currencies of third countries obtained by loans which it has raised in those countries.

5. The Agency may borrow on international financial markets the funds necessary for carrying out its tasks.

After consulting the Council, the Commission shall fix the limits within which the Agency may contract loans for a term not exceeding two years. For loans for a term exceeding two years the Agency must obtain through the Commission the approval of the Council acting by a qualified majority in each individual case.

The Agency may raise loans on the financial markets in a Member State subject to the provisions of law applying to internal loans or, if such provisions do not exist in a Member State, after agreement has been reached between such Member State and the Agency in regard to the proposed loan.

The consent of the competent authorities in the Member State may be refused only in cases where serious disturbance may be caused on the financial markets in that State.

6. Obligations entered into by the Agency pursuant to these Statutes are guaranteed by the European Atomic Energy Community.

7. In the fields covered by this Article, the Agency shall act in consultation with the competent authorities in the Member States or with their banks of issue.

Article VIII

Powers of the Commission

1. The Agency shall be under the supervision of the Commission, which shall issue directives to it and have a right of veto over its decisions.

2. The right of veto shall lapse after a period of seven days following a decision of the Agency, unless during that period reservation is made by the Commission or its representative. The Commission or its representative may waive the right to make such reservation before the expiry of that period.

Where reservation is made by the Commission or its representative within the period prescribed in the preceding paragraph, the Commission shall adopt a definitive position not more than fifteen days from the date on which the reservation was made.

The provisions of this paragraph shall in no way prevent the second paragraph of Article 53 of the Treaty from being applied.

3. Any act of the Agency referred to in the second paragraph of Article 53 of the Treaty may be referred to the Commission by the party concerned within fifteen days of notification being received, or, failing such notification, within fifteen days following publication. Failing both notification and publication, the period shall run from the day on which the party concerned learns of the act.

Article IX

Director-General and staff

1. The Director-General shall be responsible for managing the Agency. In the event of his death, dismissal or absence, or if he is otherwise prevented from attending to his duties, the Deputy Director-General shall act in his stead.

2. The Director-General shall represent the Agency both in judicial and in other matters. The Commission may represent the Agency at law in any proceedings brought against the Director-General.

3. The Director-General may so far as he thinks fit delegate his powers to the Deputy Director-General or to other persons. He may authorise them to represent him either individually or jointly.

Powers delegated by the Director-General or by the Deputy Director-General shall not be revoked solely by reason of the death of the person delegating them.

4. The Director-General and the Deputy Director-General shall be appointed and, if the occasion arises, dismissed by the Commission. They shall not act as agents of the Commission. The Director-General, and the Deputy Director-General when acting in his stead, shall be responsible to the Commission for their management of the Agency. They shall at all times submit to control by the Commission and shall render accounts to it in accordance with the provisions laid down in Article XVI of these Statutes and with the directives issued by the Commission.

Article X

Composition of the Advisory Committee

1. An Advisory Committee to the Agency shall be set up comprising twenty-four members.

2. Seats shall be allotted to nationals of Member States as follows:

Belgium | 3 members |

Germany | 6 members |

France | 6 members |

Italy | 6 members |

Netherlands | 3 members |

3. The members of the Advisory Committee shall be appointed by the Council, acting on a proposal from the Member States and after obtaining the Opinion of the Commission, from representatives of producers and users and from highly qualified experts.

Legal persons may be appointed as members of the Committee on condition that they are represented throughout their term of office by a person duly authorised for this purpose.

4. The members of the Committee shall be appointed for a period of two years. They may be reappointed. If a member resigns or is unable to perform his duties, a successor shall with the least possible delay be appointed for the remainder of the term of office.

Article XI

Terms of reference of the Advisory Committee

1. The Advisory Committee shall assist the Agency in carrying out its tasks by giving opinions and providing information. It shall act as a link between the Agency on the one hand and users and sectors concerned on the other.

2. The Advisory Committee may be consulted by the Director-General upon all matters with which the Agency has power to deal.

The Committee may also issue opinions upon any such matters on the initiative of not less than ten of its members.

3. The Director-General shall consult the Advisory Committee before taking any decisions concerning the following matters:

(1) The capital of the Agency, whether for increase or decrease thereof or for further capital subscription (fourth paragraph of Article 54 of the Treaty);

(2) The method of fixing the charge on transactions designed to defray the operating expenses of the Agency (fifth paragraph of Article 54 of the Treaty);

(3) The drawing up of Agency rules to determine the manner in which demand is to be balanced against supply (sixth paragraph of Article 60 of the Treaty);

(4) The drawing up of directives concerning the advance payments required by the Agency (second paragraph of Article 61 of the Treaty);

(5) The drawing up of a programme and the conditions applicable to the building up of commercial stocks by the Agency (first paragraph of Article 72 of the Treaty);

(6) The criteria for defining the practices prohibited by Article 68 of the Treaty;

(7) Directives concerning the keeping of the "Special Fissile Materials Financial Account" (Article 88 of the Treaty);

(8) The Agency's part in preparing the special Agency account provided for in Article 171 (2) of the Treaty;

(9) The preparation of the Agency's annual balance sheet and report;

(10) The setting up of branches of the Agency;

(11) Winding up the Agency.

The Director-General may, if necessary, fix a time limit for the Advisory Committee to submit its opinion; this time limit shall not be less than ten days from the date on which the communication for this purpose is sent to the Chairman of the Committee.

If the opinion of the Committee cannot be obtained within this period, the Director-General shall not be obliged to postpone his decision or to call another meeting.

Decisions which are within the competence of the Director-General and relate to matters specified in this Article shall not be taken until fifteen days have elapsed since the opinion of the Advisory Committee was given, if those decisions are at variance with that opinion.

Article XII

Advisory Committee — Executive Officers

1. The Advisory Committee shall each year elect a Chairman and two Vice-Chairman. Their terms of office shall be renewable.

The Chairman and the Vice-Chairman shall be the executive officers of the Committee.

2. These officers shall convene meetings of the Advisory Committee in accordance with the provisions of Article XIII(1).

They shall maintain all necessary contacts on behalf of the Advisory Committee.

Article XIII

Advisory Committee — Meetings

1. The Advisory Committee shall be convened:

(a) on the initiative of the executive officers whenever, in their opinion, circumstances so require and, in any event, as soon as three months have elapsed since the last meeting of the Committee;

(b) at the request of the Director-General, particularly whenever consultation of the Committee is required pursuant to the provisions of Article 11 (3);

(c) at the request in writing of not less than ten members of the Committee, specifying the items to be placed on the agenda.

2. Meetings of the Advisory Committee shall be valid only if not less than half its members are present.

Opinions may be given if approved by a majority of the members present or represented.

3. Each member of the Committee shall have one vote. If a member is unable to attend, he may appoint in writing another member to vote on his behalf. No member may be appointed to vote on behalf of more than one other member.

Votes in writing or by telegram shall be permitted in urgent cases unless the Committee otherwise decides.

4. The Director-General, the Deputy Director-General, or a person representing them shall attend meetings of the Advisory Committee but shall not vote. They shall supply the Committee with any information and explanations that are necessary. They shall, however, be bound to secrecy in conformity with Article 194 of the Treaty and shall be subject to the Security Regulation.

A representative of the Commission may take part in the meetings of the Advisory Committee but shall not vote.

5. The minutes of meetings shall record not only the opinions adopted but also the motions discussed.

The minutes shall be signed by the Chairman and the secretary of the meeting and entered in a special minute-book. Certified copies together with copies of all the relevant documents shall be sent forthwith to the Commission and to the Director-General.

6. The Advisory Committee may adopt its own rules of procedure having regard to these Statutes and subject to the approval of the Commission.

Article XIV

Advisory Committee — Secretariat

1. The Director-General shall place at the disposal of the executive officers of the Advisory Committee suitable secretariat staff, directed by a secretary whose appointment shall be subject to the approval of the Commission.

2. The secretariat shall prepare the minutes of meetings of the Advisory Committee, of any subcommittees and of the executive officers.

3. The costs of maintaining the Advisory Committee shall be borne by the Agency.

Article XV

Advisory Committee — Secrecy

The Director-General, the Deputy Director-General, the staff of the Agency and the members of the Advisory Committee shall be bound to secrecy in accordance with Article 194 of the Treaty in respect of any facts, information, knowledge, documents or objects subject to a system of security grading which come into their possession or are communicated to them.

Article XVI

1. The financial year shall run from 1 January to 31 December.

2. The Director-General shall prepare and adopt the estimates in respect of the working expenditure of the Agency; he shall ensure the implementation of the budget.

3. The estimates shall be submitted not later than 20 September to the Commission, which, notwithstanding Article VIII (2) of these Statutes, shall have one month in which to exercise its right of veto.

4. A balance-sheet as at 31 December together with an annex containing a trading account shall be drawn up annually. It shall be submitted not later than 1 March to the Audit Board provided for in Article 180 of the Treaty, which shall report on the accounts of the Agency.

5. The Director-General shall each year draw up a report concerning the operations of the preceding year.

6. The Commission shall receive the balance-sheet, the trading account, the report of the Audit Board and the Director-General's report not later than 1 May and shall grant him a discharge in respect of the performance of his duties.

The above-mentioned documents shall be annexed to the accounts for the preceding financial year, in respect of each separate budget, which are submitted annually by the Commission to the Council and to the Assembly in accordance with the provisions of the third paragraph of Article 180 of the Treaty.

In accordance with Article 222 of the Treaty establishing the European Atomic Energy Community, the Agency shall take up its duties on the date appointed by the Commission.

Done at Brussels, 6 November 1958.

For the Council

The President

S. Balke

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