RULES

of the Supply Agency of the European Atomic Energy Community determining the manner in which demand is to be balanced against the supply of ores, source materials and special fissile materials

CHAPTER 1

SCOPE, DEFINITIONS AND GENERAL PRINCIPLES

These Rules determine the manner in which demand is to be balanced against supply of ores, source materials and special fissile materials.

‘working day’ refers to the working days of the Agency, as published on the Agency’s website.

‘user’ means any person or undertaking that buys nuclear materials or related services to use in its own or affiliated nuclear power plants or research reactors within the Community or to use in the fields listed in Annex 1 to the Treaty;

‘undertaking’ has the meaning given to it in Article 196 (b) of the Treaty;

a contract for the purchase, sale, exchange, loan or lease of special fissile materials where at least one party is a user, a producer or an intermediary;

a contract for the purchase, sale, loan or lease of ores and/or source materials where at least one party is a user or a producer that produces, processes, converts or shapes ores, source materials or special fissile materials within the territory of the Community; and

‘special fissile materials’ has the meaning given to it in Article 197(1) of the Treaty;

‘source materials’ has the meaning given to it in Article 197(3) of the Treaty;

‘Small Quantities Regulation’ means Commission Regulation (Euratom) No 66/2006 of 16 January 2006exempting the transfer of small quantities of ores, source materials and special fissile materials from the rules of the chapter on supplies, and any future versions thereof;

‘Rules’ means these Rules of the Supply Agency of the European Atomic Energy Community determining the manner in which demand is to be balanced against the supply of ores, source materials and special fissile materials;

‘related services’ means one of the following services: conversion, enrichment, fuel fabrication, reprocessing or storage of special fissile materials;

‘producer’ means any person or undertaking that produces, processes, converts or shapes ores, source materials or special fissile materials;

‘person’ has the meaning given to it in Article 196 (a) of the Treaty;

‘ores’ has the meaning given to it in Article 197(4) of the Treaty;

‘nuclear materials’ means any of the ores, source materials and special fissile materials as defined in Article 197 of the Treaty;

‘intermediary’ means any person or undertaking that purchases nuclear materials with the purpose of re-selling them as such;

special fissile materials produced within the territory of the Community by enriching source materials owned by the producer.

special fissile materials produced within the territory of the Community-based reactors after irradiation of nuclear fuel;

source materials produced within the territory of the Community, including those acquired by a producer as a by-product of enrichment;

‘Community production’ means nuclear materials produced in the Community, including but not limited to:

For the purpose of these Rules, the following definitions apply:

Contracts, notifications and any other information related to contracts communicated to the Agency shall not be disclosed to any third party without the written permission of the contracting parties.

CHAPTER 2

SUBMISSION OF INFORMATION

2. The proformae shall specify, among others:

1. When requested to do so by the Agency, users shall fill out and submit the proformae for a given year by 31 January of the following year.

3. The information shall be communicated to the Agency within 20 (twenty) working days from the date on which the request is received.

1. When requested to do so by the Agency, producers shall notify the Agency of their current and estimated future production, and that of all their majority-owned subsidiaries. They shall also notify the Agency of their planned deliveries and of stocks owned and/or held by them, based on contracts already signed.

3. The information shall be communicated to the Agency within 15 (fifteen) working days of the end of the month concerned.

1. Intermediaries shall communicate to the Agency information on any contracts other than supply contracts for the purchase, sale, exchange, loan or lease of ores and/or source materials signed during the previous month. They shall do so on a monthly basis.

When requested to do so by the Agency, users, producers and intermediaries shall communicate to the Agency any additional information it needs to be able to perform the tasks conferred upon it by the Treaty. The information shall be communicated to the Agency within 10 (ten) working days from the date on which the request is received (or, upon a justified request, a longer period of time as agreed by the Agency in writing).

2. The Agency shall also publish its uranium price indices and additional reports on the market for nuclear materials, including reports resulting from working groups established by the Advisory Committee.

1. Based on the information provided under Articles 4, 5, 6 and 7 of the Rules and on additional information communicated by market participants, the Agency shall analyse market trends and supply potential. It shall include the main results of this analysis in its Annual Report, to be published on its website by 30 June every year.

CHAPTER 3

SUPPLY CONTRACTS

2. Implementation of the simplified procedure does not deprive the Agency of the exclusive rights conferred upon it by the Treaty.

centralised procedure, following the Agency’s decision if the regular supply of nuclear materials is endangered.

Article 11

Simplified procedure

1. Users are authorised to invite tenders directly from producers, intermediaries or other users of their choice and to negotiate the supply contract freely.

2. The supply contract shall include at least the following information: (a) designation of the contracting parties, including the Agency; (b) quantities of materials to be supplied or the methodology used to determine such quantities; (c) chemical form of the materials to be supplied; (d) country of origin of the nuclear materials to be supplied; if this is unknown when the supply contract is signed, the user shall communicate it to the Agency in writing as soon as possible; (e) schedule of deliveries (if it is known when the supply contract is signed); (f) place of delivery; (g) mode of delivery (physical or book transfer); (h) price and terms of payment including, where applicable, the method used to calculate the price; (i) duration of the supply contract; (j) the date(s) on which the parties signed the supply contract.

3. All originals of the supply contract shall be submitted to the Agency for signature within 10 (ten) working days from the date on which the contract is signed by all parties except the Agency (or, upon a justified request, a longer period of time agreed by the Agency in writing).

4. Originals of the supply contract shall be accompanied by a completed submission form, available on the Agency’s website.

5. Except in cases where Article 15 of the present Rules is applicable, the Agency shall decide on the conclusion of the contract within 10 (ten) working days from the date on which it receives it, provided that all the information required has been communicated to the Agency. If the Agency requests additional information, this time period will start once the Agency receives all the information required for it to be able to perform the task of supervising sources of supply.

6. If the Agency concludes the supply contract, it will keep one original for its records and return the remaining originals to the party that has sent them, informing it about the reference number attributed.