IN VIEW OF THE POSITION URG WILL HOLD ON THE EUROPEAN REPROCESSING MARKET DURING THE CURRENCY OF THE AUTHORIZATION , THE COMMISSION FEELS THAT IT MUST SUPERVISE THE PRICES AND CONDITIONS APPLIED BY URG . THE PARTIES MUST THEREFORE BE REQUIRED TO COMMUNICATE TO THE COMMISSION ITS PRICES AND CONDITIONS , THE CONTRACTS IT CONCLUDES WHICH RELATE TO REPROCESSING OR WHICH MIGHT EXTEND THE CURRENT SCOPE OF ITS ACTIVITIES , THE PRINCIPLES OF THE MARKETING POLICY DECIDED ON BY ITS BOARD AND ITS ANNUAL BALANCE SHEETS , AND PROFIT AND LOSS ACCOUNTS .
THIS WILL ENABLE THE COMMISSION TO FOLLOW DEVELOPMENTS IN THE LOAD FACTORS OF THE PLANTS AND TO ENSURE THAT URG ALLOWS CONSUMERS A FAIR SHARE OF THE BENEFITS RESULTING FROM THE AGREEMENT AND GENERALLY COMPLIES WITH THE COMPETITION RULES OF THE EEC TREATY . IN THIS CONNECTION IT SHOULD BE RECALLED THAT URG WILL REMAIN SUBJECT TO THE PROVISIONS OF CHAPTER VI OF TITLE 2 OF THE EURATOM TREATY , IN PARTICULAR ARTICLE 75 AS REGARDS REPROCESSING AND ARTICLE 52 AS REGARDS DEALINGS IN SOURCE MATERIALS AND SPECIAL FISSILE MATERIALS .
THE COMMISSION MUST BE INFORMED BY THE PARTIES OF THE ARRANGEMENTS MADE BY THEM FOR THE EXCHANGE OF KNOW-HOW AND THE GRANT OF LICENCES , SINCE COMPETITION MAY BE RESTRICTED THEREBY .
4 . THE OBSERVATIONS RECEIVED BY THE COMMISSION IN RESPONSE TO THE NOTICE PUBLISHED IN PURSUANCE OF ARTICLE 19 ( 3 ) OF REGULATION N 17 DREW ITS ATTENTION PRINCIPALLY TO THE NEED TO ESTABLISH CLEARLY THAT ALL THE RESTRAINTS OF COMPETITION IN THE AGREEMENT WERE INDISPENSABLE AND TO ATTACH CONDITIONS AND OBLIGATIONS TO THE DECISION SO AS TO MAKE URG'S MARKETING POLICY SUBJECT TO EFFECTIVE SUPERVISION AND TO ENSURE THAT A FAIR SHARE OF THE BENEFITS RESULTING FROM THE AGREEMENT ACCRUED TO USERS . THE COMMISSION HAS PAID DUE ATTENTION TO THESE OBSERVATIONS ,
HAS ADOPTED THIS DECISION :
ARTICLE 1
PURSUANT TO ARTICLE 85 ( 3 ) OF THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , THE PROVISIONS OF ARTICLE 85 ( 1 ) ARE DECLARED INAPPLICABLE TO THE AGREEMENT , CONCLUDED ON 12 OCTOBER 1971 AND AMENDED ON 31 JULY 1973 , BETWEEN BRITISH NUCLEAR FUELS LTD , THE COMMISSARIAT A L'ENERGIE ATOMIQUE AND KERNBRENNSTOFF-WIEDERAUFARBEITUNGSGESELLSCHAFT MBH , RELATING TO THE ESTABLISHMENT OF UNITED REPROCESSORS GMBH .
ARTICLE 2
THE FOLLOWING CONDITIONS AND OBLIGATIONS ARE ATTACHED TO THIS DECISION :
_ THE DECISION RELATES SOLELY TO THE AGREEMENT AS IT IS ACTUALLY OPERATING AT THE PRESENT TIME ; THE PARTIES SHALL COMMUNICATE TO THE COMMISSION , AS THE CASE ARISES , THEIR INTENTION TO EXTEND , DIRECTLY OR INDIRECTLY , THE PRESENT SCOPE OF THE AGREEMENT _ NAMELY THE MARKETING OF REPROCESSING SERVICES FOR OXIDE NUCLEAR FUELS _ TO OTHER ACTIVITIES , WHETHER OR NOT PROVIDED FOR BY THE AGREEMENT , OR TO DETERMINE A COMMON POSITION ON INVESTMENTS GOING BEYOND THE THREE PLANTS AS DESCRIBED IN THE AGREEMENT , OR TO INCREASE THE NUMBER OF PARTIES TO THE AGREEMENT ;
_