No C 330/4 Official Journal of the European Communities 16. 12. 82 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Decision adopting new provisions relating to Chapter VI 
(Supplies) of the Treaty establishing the European Atomic Energy Community 
(Submitted by the Commission to the Council on 8 December 1982) 
THE COUNCIL OF THE EUROPEAN 
COMMUNITIES, 
Having regard to the Treaty establishing the 
European Atomic Energy Community, and in 
particular Article 76 (2) thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Considering that Article 2 of the Treaty imposes on 
the Community inter alia the tasks of ensuring that all 
users in the Community receive a regular and 
equitable supply of ores and nuclear fuels and of 
setting up a common market in these materials; 
Considering that in the application of Chapter VI of 
the Treaty the Community has to carry out these 
tasks by the action of the Supply Agency to which is 
given the right of option on materials produced on 
the territories of Member States and the exclusive 
right to conclude contracts and entrusted, by the 
exercise thereof, with the task of realizing the 
principle of equal access to resources and the pursuit 
of a common supply policy; 
Considering that the Treaty provides that seven years 
after its entry into force the provisions of Chapter VI 
may be confirmed or, failing that, amended by the 
Council; 
Considering that the development of the nuclear 
industry since the entry into force of the Treaty no 
longer requires that there be a monopoly of supply 
vested in the Community; 
Considering that in the absence of such monopoly the 
policies of the persons and undertakings concerned as 
well as those of the Member States need to be reinforced and coordinated and, where appropriate, 
supplemented by direct action on the part of the 
Community; 
Considering that a modified role of the Community 
in the matter of supply has to continue to ensure the 
implementation of the tasks entrusted to it under 
Article 2 through a common supply policy based on 
the principle of the unity of the market, providing for 
appropriate competences for the Community in 
external relations and establishing the framework for 
measures of solidarity and active intervention by the 
Community; 
Considering that the pursuit of these aims entails, in 
order that they be met, the enactment of appropriate 
Treaty provisions to ensure that the rules hereby laid 
down are observed; 
Considering that the Council has not confirmed the 
original provisions of Chapter VI; 
Considering that pursuant to Article 76 of the Treaty 
the Government of the French Republic made a 
request, in July 1979, for amendment of this Chapter; 
Considering accordingly that it is appropriate to enact 
such new provisions, 
DECIDES AS FOLLOWS: 
Article 1 
The provisions of Chapter VI of Title Two of the 
Treaty instituting the European Atomic Energy 
Community shall be replaced by the provisions set out 
in the Annex to this Decision. 
Article 2 
This Decision shall have effect three months after the 
date of publication thereof in the Official Journal of 
the European Communities. 
16.12.82 Official Journal of the European Communities No C 330/5 
ANNEX 
CHAPTER VI 
SUPPLIES 
Article 52 
The Community shall ensure that all users receive a 
regular and equitable supply of ores, source materials 
and special fissile materials, hereinafter termed 'the 
materials', for civil and non-explosive purposes, 
pursuant to the provisions of this Chapter, by means 
of a common policy based on the principle of the 
unity of the market and covering, in particular, the 
conclusion by the Community of international 
agreements and the adoption of specific solidarity 
measures. 
A Supply Agency, hereinafter termed 'the Agency', 
shall contribute to the implementation of that policy. 
Section I 
The unity of the market 
Article 53 
1. Without prejudice to the international 
agreements concluded by the Community, all 
restrictions on the transfers of materials within the 
Community and on imports from outside the 
Community are prohibited together with any 
conditions governing use and storage within the 
Community. 
2. Without prejudice to the provisions of Chapter 
IX, the Commission shall lay down, in a Regulation, 
conditions relating to transfers of materials within the 
Community and to imports from outside the 
Community together with conditions governing use 
and storage within the Community. The Commission 
shall inquire into any request made by a Member 
State within three months of its receipt. The said 
Regulation can be referred to the Council by any 
Member State within a period of one month of its 
publication in the Official Journal of the European 
Communities. The Council, within one month of the 
matter being referred to it, may repeal the 
Commission Regulation if acting by a qualified 
majority or amend it if acting unanimously. 
Article 54 
Articles 85 to 90 of the Treaty establishing the 
European Economic Community shall apply to those 
restrictions, conditions and measures relating to 
supplies which are not mentioned in Article 53 (1). Section II 
t International relations 
Article 55 
1. The Community shall conclude international 
agreements concerning supplies from outside the 
Community. 
2. The negotiation of the agreements referred to in 
this Article shall be conducted by the Commission in 
accordance with the procedure laid down in the 
second paragraph of Article 101 in consultation with 
a special committee appointed by the Council to assist 
it in that task. 
Article 56 
If no appropriate agreement between the Community 
and the third State concerned exists, and subject to 
the application of Article 103, the Commission shall 
authorize a Member State to conclude an agreement 
for the purpose referred to in Article 55. 
The possibility for the Community to assume the 
rights and obligations arising from that agreement 
must be ensured. 
Article 57 
All exports of materials from the Community shall be 
subject to authorization by the Commission, which 
shall verify whether those exports are in conformity 
with the general interests of the Community. 
Authorization by the Commission may be made 
subject to conditions. 
Section III 
Solidarity measures 
Article 58 
Without prejudice to the provisions of Chapter IV, 
persons and undertakings shall communicate to the 
Commission in good time all plans for the con­
struction within the Community of any industrial-
scale nuclear installation for the processing of 
materials which involve the formation of links with 
other investors in the Community. 
After informing the persons and undertakings 
concerned of such plans in accordance. with proce­
dures which, where necessary, shall safeguard their 
confidentiality, the Commission shall facilitate the 
formation of appropriate links. 
No C 330/6 Official Journal of the European Communities 16. 12.82 
Article 59 
1. Within the limits set by the budget, the 
Commission may give financial support to prospecting 
programmes in the territories of Member States and 
the territories of third States. 
Every two years, the Commission shall submit to the 
Council and the Assembly a report on the state of 
progress of such support and on the forecasts for the 
four coming years, particularly with regard to the 
• financial aspects. 
2. The Member States shall submit annually to the 
Commission a report on the development of 
prospecting and production, on probable reserves and 
on investment in mining which has been made or is 
planned in their territories. 
Article 60 
1. The Council, acting by a qualified majority on a 
proposal from the Commission and after consulting 
the Assembly, may decide to build up stocks and 
establish the levels thereof in accordance with the 
procedures that it lays down. 
These stocks may receive financial support from the 
Community in accordance with the same procedure. 
2. The Council, acting in accordance with the 
conditions laid down in paragraph 1 above, may 
establish procedures which provide for the use of such 
stocks. 
Article 61 
1. In the event of an imbalance between supply and 
demand such as to affect regular and equitable 
supplies to all users in the Community, the Council, 
acting by a qualified majority on a proposal from the 
Commission and after consulting the Assembly, may 
decide as follows: 
(a) on appropriate measures with regard to prices; 
(b) on the geographical origin of the supplies; 
(c) on the establishment of quotas for imports from 
outside the Community. 
2. The Commission shall make all appropriate 
recommendations to the Member States, persons and 
undertakings with a view to promoting a balance 
between supply and demand within the Community. 
Article 62 
Should the measures referred to in Article 61 above 
prove to be inadequate, the Council, acting unani­
mously on a proposal from the Commission and after 
consulting the Assembly, may adopt any other appro­
priate measure. Article 63 
The Commission shall ensure that the measures 
referred to in this Section are implemented. For this 
purpose, it may call upon the assistance of the 
Agency. 
Section IV 
The Supply Agency 
Article 64 
1. An Agency is hereby established and placed 
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. 
2. Any act performed by the Agency in the exercise 
of its functions may be referred by the parties 
concerned to the Commission, which shall give a 
decision thereon within one month. 
Article 65 
1. The Agency shall have legal personality and 
financial autonomy. 
The Council shall lay down the statutes of the 
Agency, acting by a qualified majority on a proposal 
from the Commission and after consulting the 
Assembly. 
The statutes may provide for a charge on transactions 
to defray the operating expenses of the Agency. 
The statutes may determine the Agency's capital and 
the terms upon which it is to be subscribed. The 
major part of the capital shall always belong to the 
Community and to the Member States. The contri­
butions to the capital shall be determined by common 
accord of the Member States. 
The statutes may be amended in accordance with the 
procedure described in the second indent of this 
paragraph. 
2. An Advisory Committee for the Agency is 
hereby established which shall be formed of rep­
resentatives of the producers and users and of highly 
qualified experts in the field of nuclear supplies. The 
statutes of the Agency shall determine the rules 
governing the composition and procedures of the 
Committee. 
Article 66 
Pursuant to the provisions of this Chapter, the 
Agency shall: 
(a) receive communications on all contracts 
concerning supplies and verify whether they are 
in conformity with the provisions of this Chapter; 
(b) make every effort to ensure transparency of the 
market, in particular on the basis of the infor­
mation contained in such contracts and by 
carrying out market surveys; 
16. 12.82 Official Journal of the European Communities No C 330/7 
(c) make every effort to improve the conditions of 
supply, in particular by doing its utmost to 
forestall situations of imbalance between supply 
and demand within the Community; 
(d) fulfil the tasks assigned to it by the Commission, 
in particular by implementing the measures 
adopted pursuant to Section III of this Chapter; 
(e) conclude the contracts referred to in Article 69. 
Article 67 
The Agency shall inform, advise and assist the 
producers and users. 
It may promote concerted action intended to improve 
supplies, in particular by forestalling situations of 
imbalance between supply and demand within the 
Community. 
It shall keep the Commission informed of its activities 
and shall submit to it any appropriate suggestion. 
Article 68 
The Agency shall regularly carry out market surveys 
concerning the requirements of the users within the 
Community for materials and the prospects of 
covering these requirements, in particular at 
Community level, and shall publish the results of such 
surveys. 
Article 69 
The Agency shall conclude contracts concerning 
supplies if provision is made to this effect in an inter­
national agreement concluded by the Community. 
Article 70 
1. The Member States shall be responsible for 
ensuring that the Agency may operate freely in their 
territories. 
2. The Member States, persons and undertakings 
shall regularly communicate to the Agency all the 
information necessary to enable it to discharge its 
duties, in particular that relating to nuclear 
programmes, the requirements for materials arising 
from them and the market situation. 
Article 71 
A Commission Regulation shall establish the pro­
cedures for applying this Section. Section V 
Special provisions 
Article 72 
1. All contracts relating to supply which impede 
the application of the provisions of Article 53, those 
of an international agreement concluded by the 
Community or those laid down pursuant to Section 
III of this Chapter shall be automatically void. 
2. All contracts concerning supply shall be 
communicated by the contracting parties to the 
Agency within 15 days of their having been 
concluded so that their conformity with the 
provisions referred to in paragraph 1 above can be 
verified. 
3. If a contract which has been communicated 
pursuant to paragraph 2 above impedes the 
application of the provisions referred to in paragraph 
1 above, the Commission shall make its comments to 
those concerned within one month of receipt of the 
contract. 
If the objections of the Commission are not 
withdrawn, the contract must be amended in 
accordance with the comments of the Commission 
within a period which it shall determine. 
4. The contract shall be deemed to be in 
conformity with the provisions referred to in 
paragraph 1 above: 
— if the Commission makes no comments, 
— if the objections by the Commission have been 
satisfied, 
— if the contract has been amended in accordance 
with the Commission's comments. 
Article 73 
1. In order to ensure that the obligation deriving 
from paragraph 2 of Article 72 is fulfilled, the 
Commission may decide to verify whether persons or 
undertakings are complying with the provisions of 
that paragraph. 
2. On presentation of a document establishing 
their status, the officials responsible for verifying 
compliance may, to the extent necessary for the 
accomplishment of their task: 
(a) examine any books or other business document 
together with the accounts; 
(b) have copies of or extracts from such documents 
made available to them; 
(c) request additional verbal information; 
(d) enter any premises, sites and means of transport 
belonging to persons or undertakings. 
3. The officials of the competent authority of the 
Member State within the territory of which 
compliance must be verified may, at the request of 
No C 330/8 Official Journal of the European Communities 16. 12.82 
that authority or of the Commission, assist the 
Commission officials in the accomplishment of their 
tasks. 
4. Where a person or undertaking objects to a 
verification operation decided on pursuant to 
paragraph 1 above, the Member State concerned shall 
give every assistance to the Commission officials 
responsible for verification of compliance which is 
necessary to the accomplishment of their task. 
Article 74 
In the event of an infringement by persons or under­
takings of the provisions of this Chapter, including 
those of international agreements concluded by the 
Community, the Commission my impose fines and 
penalty payments. 
The Court of Justice shall have unlimited jurisdiction 
in respect of proceedings instituted by persons and 
undertakings against the sanctions imposed upon 
them pursuant to this Article. 
The procedures for applying this Article shall be laid 
down in a Commission Regulation. Article 75 
1. The provisions of Chapter VIII shall not apply 
to materials which are processed within the 
Community where such materials have come from 
outside the Community and are then to be returned 
either to the original person or undertaking or to any 
other consignee outside the Community designated 
by such person or undertaking. However, these 
materials shall be subject in the territories of the 
Member States to the safeguards laid down in 
Chapter VII. 
2. The Commission may exempt small quantities of 
materials such as are normally used in research from 
the application of this Chapter. 
Article 76 
On the initiative of a Member State or of the 
Commission, 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 by a Member State.