RESULTING BENEFIT :
BY EXERTING BENEFICIAL PRESSURE ON COSTS AND BY GUARANTEEING THE STABILITY OF THE PROVISION OF REPROCESSING SERVICES , THE AGREEMENT WILL OPEN THE WAY TO AN EVENTUAL DROP IN PRICES CHARGED TO USERS , IN THIS CASE ELECTRICITY PRODUCERS . BY MEANS OF THE CONDITIONS AND OBLIGATIONS WHICH IT WILL IMPOSE ON THE PARTIES AND THROUGH ITS SUBSEQUENT SUPERVISION , THE COMMISSION WILL ENSURE THAT NO BEHAVIOUR OF THE PARTIES CAN PREVENT USERS FROM RECEIVING THEIR SHARE OF THE RESULTING BENEFIT . MOREOVER THE ELECTRICITY PRODUCERS WILL USE THEIR ECONOMIC STRENGTH TO EXERT PRESSURE IN THE SAME DIRECTION .
3 . THE AGREEMENT IMPOSES NO RESTRICTIONS OF COMPETITION WHICH ARE NOT INDISPENSABLE TO THE ATTAINMENT OF THESE OBJECTIVES :
( A ) IN VIEW OF THE SPECIFIC CHARACTERISTICS OF THE REPROCESSING INDUSTRY AND OF THE WAY THE MARKET IS LIKELY TO DEVELOP , IT IS INDISPENSABLE TO COORDINATE INVESTMENTS IF CAPACITY LEVELS ARE TO BE SET HAVING REGARD ONLY TO ECONOMIC AND COMMERCIAL REQUIREMENTS .
IN THE ABSENCE OF AN AGREEMENT TO COORDINATE INVESTMENT IT IS TO BE FEARED THAT CERTAIN STATES WOULD RAPIDLY TAKE AN INCOHERENT SERIES OF DECISIONS TO FINANCE FROM THEIR NATIONAL BUDGETS PLANTS WHICH WOULD BE EITHER TOO SMALL OR IN ADVANCE OF MARKET REQUIREMENTS , THUS PREVENTING ANY PLANT IN THE COMMON MARKET FROM QUICKLY REACHING ITS OPTIMUM LOAD FACTOR . THIS WOULD CERTAINLY HARM THE COMMUNITY'S INTERESTS , FOR THE REPROCESSING INDUSTRY WOULD THEN GET STRUCTURED ON THE BASIS OF NATIONAL RATHER THAN COMMUNITY REQUIREMENTS .
THE THREE GOVERNEMENTS CONCERNED SUPPORTED THE CONCLUSION OF THE AGREEMENT IN ORDER TO AVOID BECOMING ENGAGED IN WASTEFUL COMPETITION AGAINST THE PUBLIC INTEREST . THIS WAS PARTICULARLY SO IN RESPECT OF THE GERMAN GOVERNMENT , WHICH WISHES TO PROMOTE THE INDUSTRIAL EXPLOITATION OF THE RESEARCH IT HAS BEEN CARRYING OUT AND WOULD OTHERWISE ENCOURAGE THE BUILDING OF A NATIONAL INDUSTRIAL-SCALE PLANT . THE AGREEMENT , WITHOUT ENTAILING NEW EXPENDITURE , MEETS ITS WISH TO ENSURE THAT GERMAN PRIVATE ENTERPRISE SHALL HAVE ACCESS TO THE TECHNOLOGY AND SUBSEQUENTLY BE ABLE TO ENTER THE REPROCESSING MARKET UNDER OPTIMUM ECONOMIC AND INDUSTRIAL CONDITIONS .
THE COORDINATION OF INVESTMENTS IS THEREFORE TO BE REGARDED AS INDISPENSABLE FOR A PERIOD ASSURING , FOR EACH OF THE PLANTS COVERED BY THE AGREEMENT , AN ECONOMICALLY SATISFACTORY LOAD FACTOR BEFORE ANY OTHER PLANT IS COMMISSIONED .
THE COMMISSION WILL MONITOR DEVELOPMENTS IN THE LOAD FACTORS OF THE PLANTS COVERED BY THE AGREEMENT FOLLOWING START-UP OF THE GERMAN PLANT TO ENSURE THAT THE AGREEMENT IS NOT MAINTAINED AFTER ITS OBJECT IS ACTUALLY ACHIEVED , HAVING REGARD TO CONDITIONS ON THE REPROCESSING MARKET AT THAT TIME .
( B ) THE FACT THAT THE JOINT SUBSIDIARY WILL SET THE PRICES TO BE CHARGED FOR REPROCESSING AND WILL ALLOCATE THE ACTUAL REPROCESSING WORK IS A NECESSARY ADJUNCT OF COORDINATING INVESTMENTS BETWEEN THE THREE PARTIES , EACH OF WHICH IS OPERATING ITS PLANT AND MUST BE SURE THAT IT WILL BE ABLE TO WORK TO A