Treaty establishing the European Atomic Energy Community


(Non-official consolidated version 1996)


I - Text of the Treaty


(*)



HIS MAJESTY THE KING OF THE BELGIANS, THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY, THE PRESIDENT OF THE FRENCH REPUBLIC, THE PRESIDENT OF THE ITALIAN REPUBLIC, HER ROYAL HIGHNESS THE GRAND DUCHESS OF LUXEMBOURG, HER MAJESTY THE QUEEN OF THE NETHERLANDS,



RECOGNIZING that nuclear energy represents an essential resource for the development and invigoration of industry and will permit the advancement of the cause of peace,



CONVINCED that only a joint effort undertaken without delay can offer the prospect of achievements commensurate with the creative capacities of their countries,



RESOLVED to create the conditions necessary for the development of a powerful nuclear industry which will provide extensive energy resources, lead to the modernization of technical processes and contribute, through its many other applications, to the prosperity of their peoples,



ANXIOUS to create the conditions of safety necessary to eliminate hazards to the life and health of the public,



DESIRING to associate other countries with their work and to cooperate with international organizations concerned with the peaceful development of atomic energy,



HAVE DECIDED to create a EUROPEAN ATOMIC ENERGY COMMUNITY (EURATOM) and to this end have designated as their Plenipotentiaries:



HIS MAJESTY THE KING OF THE BELGIANS:



Mr Paul Henri SPAAK, Minister for Foreign Affairs,

Baron J. Ch. SNOY ET D'OPPUERS, Secretary General of the Ministry of Economic Affairs, Head of the Belgian Delegation to the Intergovernmental Conference;



THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY:



Dr Konrad ADENAUER, Federal Chancellor,

Professor Dr Walter HALLSTEIN, State Secretary of the Federal Foreign Office;



THE PRESIDENT OF THE FRENCH REPUBLIC:



Mr Christian PINEAU, Minister for Foreign Affairs,

Mr Maurice FAURE, Under Secretary of State for Foreign Affairs;



THE PRESIDENT OF THE ITALIAN REPUBLIC:



Mr Antonio SEGNI, President of the Council of Ministers,

Professor Gaetano MARTINO, Minister for Foreign Affairs;



HER ROYAL HIGHNESS THE GRAND DUCHESS OF LUXEMBOURG:



Mr Joseph BECH, President of the Government, Minister for Foreign Affairs,

Mr Lambert SCHAUS, Ambassador, Head of the Luxembourg Delegation to the Intergovernmental Conference;


HER MAJESTY THE QUEEN OF THE NETHERLANDS:



Mr Joseph LUNS, Minister for Foreign Affairs,

Mr J. LINTHORST HOMAN, Head of the Netherlands Delegation to the Intergovernmental Conference;

WHO, having exchanged their full powers, found in good and due form, have agreed as follows.




TITLE I



The tasks of the Community



Article 1



By this Treaty the HIGH CONTRACTING PARTIES establish among themselves a EUROPEAN ATOMIC ENERGY COMMUNITY (EURATOM).It shall be the task of the Community to contribute to the raising of the standard of living in the Member States and to the development of relations with the other countries by creating the conditions necessary for the speedy establishment and growth of nuclear industries.



Article 2



In order to perform its task, the Community shall, as provided in this Treaty:


a. promote research and ensure the dissemination of technical information;


b. establish uniform safety standards to protect the health of workers and of the general public and ensure that they are applied;


c. facilitate investment and ensure, particularly by encouraging ventures on the part of undertakings, the establishment of the basic installations necessary for the development of nuclear energy in the Community;


d. ensure that all users in the Community receive a regular and equitable supply of ores and nuclear fuels;


e. make certain, by appropriate supervision, that nuclear materials are not diverted to purposes other than those for which they are intended;


f. exercise the right of ownership conferred upon it with respect to special fissile materials;


g. ensure wide commercial outlets and access to the best technical facilities by the creation of a common market in specialized materials and equipment, by the free movement of capital for investment in the field of nuclear energy and by freedom of employment for specialists within the Community;


h. establish with other countries and international organizations such relations as will foster progress in the peaceful uses of nuclear energy.



Article 3


(*^2)



1. The tasks entrusted to the Community shall be carried out by the following institutions:



• a EUROPEAN PARLIAMENT,


• a COUNCIL,


• a COMMISSION,


• a COURT OF JUSTICE,


• a COURT OF AUDITORS.


Each institution shall act within the limits of the powers conferred upon it by this Treaty.



2. The Council and the Commission shall be assisted by an Economic and Social Committee acting in an advisory capacity.



TITLE II



Provisions for the encouragement of progress in the field of nuclear energy



CHAPTER 1



PROMOTION OF RESEARCH



Article 4



1. The Commission shall be responsible for promoting and facilitating nuclear research in the Member States and for complementing it by carrying out a Community research and training programme.2. The activity of the Commission in this respect shall be carried out within the fields listed in Annex I to this Treaty.This list may be amended by the Council, acting by a qualified majority on a proposal from the Commission. The latter shall consult the Scientific and Technical Committee established under Article 134.



Article 5



For purposes of coordinating and complementing research undertaken in Member States, the Commission shall, either by a specific request addressed to a given recipient and conveyed to the government concerned, or by a general published request, call upon Member States, persons or undertakings to communicate to it their programmes relating to the research which it specifies in the request.After giving those concerned full opportunity to comment, the Commission may deliver a reasoned opinion on each of the programmes communicated to it. The Commission shall deliver such an opinion if the State, person or undertaking which has communicated the programme so requests.By such opinions the Commission shall discourage unnecessary duplication and shall direct research towards sectors which are insufficiently explored. The Commission may not publish these programmes without the consent of the State, person or undertaking which has communicated them.The Commission shall publish at regular intervals a list of those sectors of nuclear research which it considers to be insufficiently explored.The Commission may bring together representatives of public and private research centres as well as any experts engaged in research in the same or related fields for mutual consultation and exchanges of information.



Article 6



To encourage the carrying out of research programmes communicated to it the Commission may:



a. provide financial assistance within the framework of research contracts, without, however, offering subsidies;


b. supply, either free of charge or against payment, for carrying out such programmes, any source materials or special fissile materials which it has available;


c. place installations, equipment or expert assistance at the disposal of Member States, persons or undertakings, either free of charge or against payment;


d. promote joint financing by the Member States, persons or undertakings concerned.



Article 7



Community research and training programmes shall be determined by the Council, acting unanimously on a proposal from the Commission, which shall consult the Scientific and Technical Committee.These programmes shall be drawn up for a period of not more than five years.The funds required for carrying out these programmes shall be included each year in the research and investment budget of the Community.The Commission shall ensure that these programmes are carried out and shall submit an annual report thereon to the Council.The Commission shall keep the Economic and Social Committee informed of the broad outlines of Community research and training programmes.



Article 8



1. After consulting the Scientific and Technical Committee, the Commission shall establish a Joint Nuclear Research Centre.This Centre shall ensure that the research programmes and other tasks assigned to it by the Commission are carried out.It shall also ensure that a uniform nuclear terminology and a standard system of measurements are established.It shall set up a central bureau for nuclear measurements.2. The activities of the Centre may, for geographical or functional reasons, be carried out in separate establishments.



Article 9



1. After obtaining the opinion of the Economic and Social Committee the Commission may, within the framework of the Joint Nuclear Research Centre, set up schools for the training of specialists, particularly in the fields of prospecting for minerals, the production of high purity nuclear materials, the processing of irradiated fuels, nuclear engineering, health and safety and the production and use of radioisotopes.The Commission shall determine the details of such training.2. An institution of university status shall be established; the way in which it will function shall be determined by the Council, acting by a qualified majority on a proposal from the Commission.



Article 10



The Commission may, by contract, entrust the carrying out of certain parts of the Community research programme to Member States, persons or undertakings, or to third countries, international organizations or nationals of third countries.



Article 11



The Commission shall publish the research programmes referred to in Articles 7, 8 and 10, and also regular progress reports on their implementation.



CHAPTER 2



DISSEMINATION OF INFORMATION



Section 1



Information over which the Community has power of disposal



Article 12



Member States, persons or undertakings shall have the right, on application to the Commission, to obtain non exclusive licences under patents, provisionally protected patent rights, utility models or patent applications owned by the Community, where they are able to make effective use of the inventions covered thereby.Under the same conditions, the Commission shall grant sublicences under patents, provisionally protected patent rights, utility models or patent applications, where the Community holds contractual licences conferring power to do so.The Commission shall grant such licences or sublicences on terms to be agreed with the licensees and shall furnish all the information required for their use. These terms shall relate in particular to suitable remuneration and, where appropriate, to the right of the licensee to grant sublicences to third parties and to the obligation to treat the information as a trade secret.Failing agreement on the terms referred to in the third paragraph, the licensees may bring the matter before the Court of Justice so that appropriate terms may be fixed.



Article 13



The Commission shall communicate to Member States, persons and undertakings information acquired by the Community which is not covered by the provisions of Article 12, whether such information is derived from its own research programme or communicated to the Commission with authority to make free use of it.The Commission may, however, make the disclosure of such information conditional on its being treated as confidential and not passed on to third parties.The Commission may not disclose information which has been acquired subject to restrictions on its use or dissemination such as information known as classified information unless it ensures compliance with these restrictions.



Section 2



Other information



(a) Dissemination by amicable agreement



Article 14



The Commission shall endeavour, by amicable agreement, to secure both the communication of information which is of use to the Community in the attainment of its objectives and the granting of licences under patents, provisionally protected patent rights, utility models or patent applications covering such information.


Article 15



The Commission shall establish a procedure by which Member States, persons and undertakings may use it as an intermediary for exchanging provisional or final results of their research, in so far as these results have not been acquired by the Community under research contracts awarded by the Commission.This procedure must be such as to ensure the confidential nature of the exchange. The results communicated may, however, be transmitted by the Commission to the Joint Nuclear Research Centre for documentation purposes; this shall not entail any right of use to which the communicating party has not agreed.


(b) Compulsory communication to the Commission



Article 16



1. As soon as an application for a patent or a utility model relating to a specifically nuclear subject is filed with a Member State, that State shall ask the applicant to agree that the contents of the application be communicated to the Commission forthwith.If the applicant agrees, this communication shall be made within three months of the date of filing the application. If the applicant does not agree, the Member State shall, within the same period, notify the Commission of the existence of the application.The Commission may require a Member State to communicate the contents of an application of whose existence it has been notified.The Commission shall make any such request within two months of the date of notification. Any extension of this period shall entail a corresponding extension of the period referred to in the sixth subparagraph of this paragraph.On receiving such a request from the Commission, the Member State shall again ask the applicant to agree to communication of the contents of the application. If the applicant agrees, communication shall be made forthwith.If the applicant does not agree, the Member State shall nevertheless be required to make this communication to the Commission within 18 months of the date on which the application was filed.2. Member States shall inform the Commission, within 18 months of the filing date, of the existence of any as yet unpublished application for a patent or utility model which seems to them, prima facie, to deal with a subject which, although not specifically nuclear, is direclty connected with and essential to the development of nuclear energy in the Community.If the Commission so requests, the contents of the application shall be communicated to it within two months.3. In order that publication may take place as soon as possible, Member States shall reduce to a minimum the time taken to process applications for patents or utility models relating to subjects referred to in paragraphs 1 and 2 concerning which a request has been made by the Commission.4. The Commission shall treat the abovementioned communications as confidential. They may only be made for documentation purposes. The Commission may, however, make use of the inventions communicated to it, either with the consent of the applicant or in accordance with Articles 17 to 23.5. The provisions of this Article shall not apply when an agreement concluded with a third State or an international organization precludes communication.


(c) Grant of licences by arbitration or under compulsory powers



Article 17



1. Failing amicable agreement, non exclusive licences may be granted either by arbitration or under compulsory powers in accordance with Articles 18 to 23:



a. to the Community or to Joint Undertakings accorded this right under Article 48 in respect of patents, provisionally protected patent rights or utility models relating to inventions directly connected with nuclear research, where the granting of such licences is necessary for the continuance of their own research or indispensable to the operation of their installations.

If the Commission so requests, such licences shall include the right to authorize third parties to make use of the invention, where they are carrying out work for or orders placed by the Community or Joint Undertakings;





b. to persons or undertakings which have applied to the Commission for them in respect of patents, provisionally protected patent rights or utility models relating to inventions directly connected with and essential to the development of nuclear energy in the Community, provided that all the following conditions are fulfilled:



i. at least four years have elapsed since the filing of the patent application, save in the case of an invention relating to a specifically nuclear subject;




ii. the requirements arising out of the development of nuclear energy, in the Commission's conception of such development, in the territory of a Member State where an invention is protected, are not being met with regard to that invention;



iii. the proprietor, having been called upon to meet such requirements either himself or through his licensees, has not complied with this request;



iv. the persons or undertakings applying for licences are in a position to meet such requirements effectively by making use of the invention.




Member States may not, in order to meet such requirements, take any coercive measures provided for in their national legislation which will limit the protection accorded to the invention, save at the prior request of the Commission.



2. A non exclusive licence may not be granted as provided for in paragraph 1 where the proprietor can establish the existence of legitimate reasons, in particular that he has not had sufficient time at his disposal.3. The granting of a licence pursuant to paragraph 1 shall confer a right to full compensation, the amount of which shall be agreed between the proprietor of the patent, provisionally protected patent right or utility model and the licensee.4. The provisions of this Article shall not affect those of the Paris Convention for the Protection of Industrial Property.



Article 18



An Arbitration Committee is hereby established for the purposes provided for in this Section. The Council shall appoint the members and lay down the Rules of Procedure of this Committee, acting on a proposal from the Court of Justice.An appeal, having suspensory effect, may be brought by the parties before the Court of Justice against a decision of the Arbitration Committee within one month of notification thereof. The Court of Justice shall confine its examination to the formal validity of the decision and to the interpretation of the provisions of this Treaty by the Arbitration Committee.The final decisions of the Arbitration Committee shall have the force of res judicata between the parties concerned. They shall be enforceable as provided in Article 164.


Article 19



Where, failing amicable agreement, the Commission intends to secure the granting of licences in one of the cases provided for in Article 17, it shall give notice of its intention to the proprietor of the patent, provisionally protected patent right, utility model or patent application, and shall specify in such notice the name of the applicant for and the scope of the licence.


Article 20



The proprietor may, within one month of receipt of the notice referred to in Article 19, propose to the Commission and, where appropriate, to the applicant that they conclude a special agreement to refer the matter to the Arbitration Committee.Should the Commission or the applicant refuse to enter into such an agreement, the Commission shall not require the Member State or its appropriate authorities to grant the licence or cause it to be granted.If, when the matter is referred to it under a special agreement, the Arbitration Committee finds that the request from the Commission complies with the provisions of Article 17, it shall give a reasoned decision containing a grant of the licence to the applicant and laying down the terms of the licence and the remuneration therefor, to the extent that the parties have not reached agreement on these points.


Article 21



If the proprietor does not propose that the matter be referred to the Arbitration Committee, the Commission may call upon the Member State concerned or its appropriate authorities to grant the licence or cause it to be granted.If, having heard the proprietor's case, the Member State, or its appropriate authorities, considers that the conditions of Article 17 have not been complied with, it shall notify the Commission of its refusal to grant the licence or to cause it to be granted.If it refuses to grant the licence or to cause it to be granted, or if, within four months of the date of the request, no information is forthcoming with regard to the granting of the licence, the Commission shall have two months in which to bring the matter before the Court of Justice.The proprietor must be heard in the proceedings before the Court of Justice.If the judgment of the Court of Justice establishes that the conditions of Article 17 have been complied with, the Member State concerned, or its appropriate authorities, shall take such measures as enforcement of that judgment may require.



Article 22



1. If the proprietor of the patent, provisionally protected patent right or utility model and the licensee fail to agree on the amount of compensation, the parties concerned may conclude a special agreement to refer the matter to the Arbitration Committee.By doing so, the parties waive the right to institute any proceedings other than those provided for in Article 18.2. If the licensee refuses to conclude a special agreement, the licence he has been granted shall be deemed void.If the proprietor refuses to conclude a special agreement, the compensation referred to in this Article shall be determined by the appropriate national authorities.



Article 23



After the lapse of one year, the decisions of the Arbitration Committee or the appropriate national authorities may, if there are new facts to justify it, be revised with respect to the terms of the licence.Such revision shall be a matter for the body which gave the decision.



Section 3



Security provisions



Article 24



Information which the Community acquires as a result of carrying out its research programme, and the disclosure of which is liable to harm the defence interests of one or more Member States, shall be subject to a security system in accordance with the following provisions.



1. The Council shall, acting on a proposal from the Commission, adopt security regulations which, account being taken of the provisions of this Article, lay down the various security gradings to be applied and the security measures appropriate to each grading.


2. Where the Commission considers that the disclosure of certain information is liable to harm the defence interests of one or more Member States, it shall provisionally apply to that information the security grading required in that case by the security regulations.



It shall communicate such information forthwith to the Member States, which shall provisionally ensure its security in the same manner.



Member States shall inform the Commission within three months whether they wish to maintain the grading provisionally applied, substitute another or declassify the information.



Upon the expiry of this period, the highest grading of those requested shall be applied. The Commission shall notify the Member States accordingly.

At the request of the Commission or of a Member State, the Council may, acting unanimously, at any time apply another grading or declassify the information. The Council shall obtain the opinion of the Commission before taking any action on a request from a Member State.





Annexes




ANNEX I



FIELDS OF RESEARCH CONCERNING NUCLEAR ENERGY REFERRED TO IN ARTICLE 4 OF THIS TREATY



I


Raw materials


1. Methods for the prospecting and mining of base materials (uranium, thorium and other products of particular importance in the field of nuclear energy).


2. Methods of concentrating these materials and converting them into technically pure compounds.


3. Methods of converting these technically pure compounds into nuclear grade compounds and metals.


4. Methods for the conversion and processing of these compounds and metals as well as plutonium, uranium 235 or uranium 233, either pure or combined with such compounds or metals into fuel elements by the chemical, ceramic or metallurgical industries.


5. Methods of protecting such fuel elements against corrosion or erosion by external agents.


6. Methods of producing, refining, processing and preserving other special materials used in the field of nuclear energy, in particular:


a. moderators, such as heavy water, nuclear grade graphite, beryllium and beryllium oxide;


b. structural materials such as zirconium (hafnium free), niobium, lanthanum, titanium, beryllium and their oxides, carbides and other compounds capable of being used in the field of nuclear energy;


c. coolants, such as helium, organic liquids, sodium, sodium potassium alloys, bismuth, lead bismuth alloys.


7. Methods of isotope separation:


a. of uranium;


b. of materials in ponderable quantities which can be used in the production of nuclear energy, such as lithium 6, lithium 7, nitrogen 15 and boron 10;



c. of isotopes used in small quantities for research.



II


Physics applied to nuclear energy



1. Applied theoretical physics:


a. low energy nuclear reactions, in particular neutron induced reactions;


b. fission;


c. interaction of ionizing radiation and photons with matter;


d. solid state theory;


e. study of fusion, with particular reference to the behaviour of an ionized plasma under the action of electromagnetic forces and to the thermodynamics of extremely high temperatures.


2. Applied experimental physics:


a. the same subjects as those specified in 1 above;


b. study of the properties of transuranic elements of importance in the field of nuclear energy.



3. Reactor calculations:


a. theoretical macroscopic neutron physics;


b. experimental neutron measurements; exponential and critical experiments;


c. thermodynamic calculations and calculations of strength of ma terials;


d. corresponding experimental measurements;


e. reactor kinetics, reactor control problems and relevant experiments;


f. radiation protection calculations and relevant experiments.


III


Physical chemistry of reactors


1. Study of changes in the physical and chemical structure and of alter ations in the technical properties of various materials in reactors brought about by:


a. heat;

b. the nature of the agents with which they are in contact;

c. mechanical factors.



2. Study of degradation and other phenomena produced by irradiation in:


a. fuel elements;

b. structural materials and coolants;

c. moderators.


3. Application of analytical chemistry and analytical physical chemistry to reactor components.


4. Physical chemistry of homogeneous reactors: radiochemistry, corrosion.



IV


Processing of radioactive material



1. Methods of extracting plutonium and uranium 233 from irradiated fuels, and possible recovery of uranium or thorium.


2. Chemistry and metallurgy of plutonium.


3. Methods of extracting and chemistry of other transuranic elements.


4. Methods of extracting and chemistry of useful radioisotopes:


a. fission products;

b. radioisotopes obtained by irradiation.


5. Concentration and storage of useless radioactive waste.



V


Applications of radioisotopes

Application of radioisotopes as active elements or tracers in:



a. industry and science;

b. medicine and biology;

c. agriculture.



VI


Study of the harmful affects of radiation on living organisms


Study of the detection and measurement of harmful radiations.


Study of adequate preventive and protective measures and the appropriate safety standards.


Study of the treatment of radiation effects.



VII


Equipment


Studies relating to the construction and improvement of equipment specially intended not only for reactors but also for any of the industrial and research installations required for the research activities listed above. As examples may be mentioned:

1. The following types of mechanical equipment:


a. pumps for special fluids;


b. heat exchangers;


c. apparatus for nuclear physics research, such as neutron velocity selectors;


d. remote handling equipment.


2. The following types of electrical equipment:


a. instruments for radiation detection and measurement, used particularly in:



• prospecting for minerals;


• scientific and technical research;


• reactor control;


• health and safety;


b. reactor control equipment;


c. low energy particle accelerators (up to 10 MeV).



VIII


Economic aspects of energy production



Comparative studies, both theoretical and experimental, of the various reactor types.



Technical and economic study of fuel cycles.






ANNEX II



INDUSTRIAL ACTIVITIES REFERRED TO IN ARTICLE 41 OF THIS TREATY



1. Mining of uranium and thorium ore.


2. Concentration of such ores.


3. Chemical processing and refining of uranium and thorium concentrates.


4. Preparation of nuclear fuels, in any form.


5. Fabrication of nuclear fuel elements.


6. Production of uranium hexafluoride.


7. Production of enriched uranium.


8. Processing of irradiated fuels for the purpose of separating some or all of the elements contained therein.


9. Production of reactor moderators.


10. Production of hafnium free zirconium or compounds thereof.


11. Nuclear reactors of all types and for all purposes.


12. Facilities for the industrial processing of radioactive waste, set up in conjunction with one or more of the facilities specified in this list.


13. Semi industrial installations intended to prepare the way for the construction of plants involved in any of activities 3 to 10.






ANNEX III



ADVANTAGES WHICH MAY BE CONFERRED ON JOINT UNDERTAKINGS UNDER ARTICLE 48 OF THIS TREATY



1.


a. Recognition that public interest status in conformity with the national laws applies to the acquisition of immovable property required for the establishment of Joint Undertakings.


b. Application of national procedure for compulsory acquisition on the grounds of public interest, so that such acquisition may be effected where amicable agreement has not been reached.


2. The right to be granted licences, either through arbitration or under compulsory powers as provided in Articles 17 to 23.


3. Exemption from all duties and charges when Joint Undertakings are established and from all duties on assets contributed.


4. Exemption from all duties and charges levied upon acquisition of immovable property and from all registration and recording charges.


5. Exemption from all direct taxes to which Joint Undertakings, their property, assets and revenue might otherwise be liable.


6. Exemption from all customs duties and charges having equivalent effect and from all prohibitions and restrictions on imports or exports, whether of an economic or of a fiscal nature, with regard to:

a. scientific and technical equipment, excluding building materials and equipment for administrative purposes;



b. substances which have been or are to be processed in the Joint Undertaking.



7. Exchange arrangements provided for in Article 182(6).



8. Exemption from restrictions on entry and residence for nationals of Member States employed by Joint Undertakings and for their spouses and dependent members of their families.





ANNEX IV



LIST OF GOODS AND PRODUCTS SUBJECT TO THE PROVISIONS OF CHAPTER 9 ON THE NUCLEAR COMMON MARKET



List A1



Uranium ores containing more than 5% by weight of natural uranium.

Pitchblende containing more than 5% by weight of natural uranium.

Uranium oxide.

Inorganic compounds of natural uranium other than uranium oxide and uranium hexafluoride.

Organic compounds of natural uranium.

Crude or processed natural uranium.

Alloys containing plutonium.

Organic or inorganic compounds of uranium enriched in organic or inorganic compounds or uranium 235.

Organic or inorganic compounds or uranium 233.

Thorium enriched in uranium 233.

Organic or inorganic compounds of plutonium.

Uranium enriched in plutonium.

Uranium enriched in uranium 235.

Alloys containing uranium enriched in uranium 235 or uranium 233.

Plutonium.

Uranium 233.

Uranium hexafluoride.

Monazite.

Thorium ores containing more than 20% by weight of thorium.

Urano thorianite containing more than 20% of thorium.

Crude or processed thorium.

Thorium oxide.

Inorganic compounds of thorium other than thorium oxide.

Organic compounds of thorium.

List A2

Deuterium and its compounds (including heavy water) in which the ratio of the number of deuterium atoms to normal hydrogen atoms exceeds 1 : 5 000.

Heavy paraffin in which the ratio of the number of deuterium atoms to normal hydrogen atoms exceeds 1 : 5 000.

Mixtures and solutions in which the ratio of the number of deuterium atoms to normal hydrogen atoms exceeds 1 : 5 000.

Nuclear reactors.

Equipment for the separation of uranium isotopes by gaseous diffusion or other methods.

Equipment for the production of deuterium, its compounds (including heavy water) and derivates, and mixtures or solutions containing deuterium in which the ratio of the number of deuterium atoms to normal hydrogen atoms exceeds 1 : 5 000:

• equipment operating by the electrolysis of water;


• equipment operating by the distillation of water, liquid hydrogen, etc.;


• equipment operating by isotope exchange between hydrogen sulphide and water by means of a change of temperature;


• equipment operating by other techniques.


Equipment specially designed for the chemical processing of radioactive material:



• equipment for the separation of irradiated fuel:

• by chemical process (solvents, precipitation, ion exchange, etc.);

• by physical processes (fractional distillation, etc.);

• waste processing equipment;

• fuel recycling equipment.


Vehicles specially designed for the transport of highly radioactive substances:

• railway and tramway goods vans, goods wagons and trucks of any gauge;

• motor lorries;

• motorized works trucks for the handling of goods;

• trailers and semi trailers and other non motorized vehicles.


Containers with lead radiation shielding for the transport or storage of radioactive material.

Artifical radioactive isotopes and their inorganic or organic compounds.

Remote controlled mechanical manipulators specially designed for hand ling highly radioactive substances:



• mechanical handling gear, fixed or mobile, but not being capable of being operated manually.



List B



(*^52)



Lithium ores and concentrates.

Nuclear grade metals:

• crude beryllium;

• crude bismuth;

• crude niobium (columbium);

• crude zirconium (hafnium free);

• crude lithium;

• crude aluminium;

• crude calcium;

• crude magnesium.


Boron trifluoride.

Anhydrous hydrofluoric acid.

Chlorine trifluoride.

Bromine trifluoride.

Lithium hydroxide.

Lithium fluoride.

Lithium chloride.

Lithium hydride.

Lithium carbonate.

Nuclear grade beryllium oxide.

Refractory bricks of nuclear grade beryllium oxide.

Other refractory products of nuclear grade beryllium oxide.

Artificial graphite in the form of blocks or bars in which the boron content is less than or equal to one part per million and in which the total microscopic thermal neutron absorption cross section is less than or equal to 5 millibarns.

Artificially separated stable isotopes.

Electromagnetic ion separators, including mass spectrographs and mass spectrometers.

Reactor simulators (special analog computers).

Remote controlled mechanical manipulators:

• hand controlled (i.e. operated manually like a tool).

Liquid metal pumps.

High vacuum pumps.

Heat exchangers specially designed for nuclear power stations.

Radiation detection instruments (and spare parts) of one of the following types, specially designed, or adaptable, for the detection of measurement of nuclear radiation, such as alpha and beta particles, gamma rays, neutrons and protons:

• Geiger counter tubes and proportional counters;


• detection or measuring instruments incorporating Geiger Muller tubes or proportional counters;


• ionization chambers;


• instruments incorporating ionization chambers;


• radiation detection or measuring equipment for mineral prospecting and for reactor, air, water and soil monitoring;


• neutron detector tubes using boron, boron trifluoride, hydrogen or a fissile element;


• detection or measuring instruments incorporating neutron detector tubes using boron, boron trifluoride, hydrogen or a fissile element;


• scintillation crystals, mounted or in a metal casing (solid scintillators);


• detection or measuring instruments incorporating liquid, solid or gaseous scintillators;


• amplifiers specially designed for nuclear measurements, including linear amplifiers, preamplifiers, distributed amplifiers and pulse height analysers;


• coincidence devices for use with radiation detectors;


• electroscopes and electrometers, including dosimeters (but excluding instruments intended for instruction purposes, simple metal leaf electroscopes, dosimeters specially designed for use with medical X ray equipment and electrostatic measuring instruments);


• instruments capable of measuring a current of less than one picoampere;


• photomultiplier tubes with a photocathode which gives a current of at least 10 microamperes per lumen and in which the average amplification is greater than 105, and any other types of electric multiplier activated by positive ions;


• scalers and electronic integrating meters for the detection of radiation.


Cyclotrons, Van de Graaff or Cockcroft Walton electrostatic generators, linear accelerators and other machines capable of imparting an energy greater than 1 MeV to nuclear particles.

Magnets specially designed and constructed for the abovementioned machines and equipment (cyclotrons etc.).

Accelerating and focusing tubes of the type used in mass spectrometers and mass spectrographs.

Intense electronic sources of positive ions intended for use with particle accelerators, mass spectrometers and similar devices.

Anti radiation plate glass:

• cast or rolled plate glass (including wired or flashed glass) in squares or rectangles, surface ground or polished but not further worked;


• cast or rolled plate glass (whether or not ground or polished) cut to shape other than square or rectangular, or curved or otherwise worked (for example, bevelled or engraved);


• safety glass, consisting of toughened or laminated glass, shaped or not.

Airtight clothing affording protection against radiation or radioactive contamination:

• made of plastic;


• made of rubber;


• made of impregnated or coated fabric:

• for men;


• for women.

Diphenyl (when it is in fact the aromatic hydrocarbon C6H5C6H5).

Terphenyl.



(*^52) Heading deleted by Article 1 of Regulation No 5 of the Council of the European Atomic Energy Community of 22 December 1958


(OJ 7, 9. 2. 1959).




ANNEX V



INITIAL RESEARCH AND TRAINING PROGRAMME REFERRED TO IN ARTICLE 215 OF THIS TREATY



I. Programme of the Joint Centre


1. Laboratories, equipment and infrastructure



The Joint Centre shall include:



a. general laboratories for chemistry, physics, electronics and metal lurgy;

b. special laboratories for the following subjects:

• nuclear fusion;

• separation of isotopes other than uranium 235 (this laboratory shall be equipped with a high resolution electromagnetic separator);

• prototypes of prospecting instruments;

• mineralogy;

• radiobiology;

c. a bureau of standards specializing in nuclear measurements for isotope analysis and absolute measurements of radiation and neutron absorption, equipped with its own experimental reactor.


2. Documentation, information and training

The Joint Centre shall arrange for a large scale exchange of information, particularly in the following fields:

• raw materials: methods of prospecting, mining, concentration, conversion, processing, etc.;

• physics applied to nuclear energy;

• physical chemistry of reactors;

• processing of radioactive material;

• applications of radioisotopes.



The Joint Centre shall organize specialized courses relating particularly to the training of prospectors and to the applications of radioisotopes.

The health and safety documentation and study section referred to in Article 39 shall collect the necessary documentation and information.



3. Reactor prototypes



A group of experts shall be set up as soon as this Treaty enters into force. After comparing the programmes of the Member States, it shall submit to the Commission, as soon as possible, appropriate recommendations on the choices before it in this field and the ways and means of implementing them.

It is planned to construct three or four low power prototypes and to participate for example, by supplying fuel and moderators in several power reactors.


(*^53)



4. High flux reactor



The Centre shall within the shortest possible time have at its disposal a reactor with a high fast neutron flux for the testing of materials under irradiation.

Preparatory studies shall be undertaken for this purpose as soon as this Treaty enters into force.

The high flux reactor shall be provided with extensive experimental areas and suitable laboratories for users.



II. Research carried out under contract outside the Joint Centre



A considerable part of the research work shall be carried out under contract outside the Joint Centre in accordance with Article 10. Such research contracts may take the following forms.



1. Research complementary to that of the Joint Centre shall be carried out in the fields of nuclear fusion, separation of isotopes other than uranium 235, chemistry, physics, electronics, metallurgy and radiobiology.


2. The Centre may arrange to have use of space for experiments in high flux reactors of Member States.

(*^54)


3. The Centre may make use of the specialized installations of Joint Undertakings to be established in accordance with Chapter 5, by assigning to them by contract certain research of a general scientific nature.



BREAKDOWN BY MAIN HEADINGS

of the expenditure required to carry out the research and training programme




(1) Estimate based on a staff of about 1 000.



(2) Part of this sum may be allocated to work carried out under contract outside the Centre.



(*^53) Second subparagraph as amended by Article 1 of the Decision of the Council of the European Atomic Energy Community of 3 July 1961


(OJ 55, 16. 8. 1961).


(*^54) Paragraph 2 as amended by Article 1 of the Decision of the Council of the European Atomic Energy Community of 19 July 1960


(OJ 75, 25. 11. 1960).



II Protocols


II Protocols



Protocol on the application of the Treaty establishing the European Atomic Energy Community to the non European parts of the Kingdom of the Netherlands



THE HIGH CONTRACTING PARTIES,



ANXIOUS, at the time of signature of the Treaty establishing the European Atomic Energy Community, to define the scope of the provisions of Article 198 of this Treaty in respect of the Kingdom of the Netherlands,



HAVE AGREED upon the following provisions, which shall be annexed to this Treaty:



The Government of the Kingdom of the Netherlands, by reason of the constitutional structure of the Kingdom resulting from the Statute of 29 December 1954, shall, by way of derogation from Article 198, be entitled to ratify this Treaty either on behalf of the Kingdom of the Netherlands in its entirety or on behalf of the Kingdom in Europe and Netherlands New Guinea. In the event of ratification being limited to the Kingdom in Europe and Netherlands New Guinea, the Government of the Kingdom of the Netherlands may at any time, by notification to the Government of the Italian Republic as depositary of the instruments of ratification, declare this Treaty also applicable either to Surinam, or to the Netherlands Antilles, or to both Surinam and the Netherlands Antilles.



Done at Rome this twenty fifth day of March in the year one thousand nine hundred and fifty seven.



P. H. SPAAK

J. Ch. SNOY ET D'OPPUERS

ADENAUER

HALLSTEIN

PINEAU

M. FAURE

Antonio SEGNI

Gaetano MARTINO

BECH

Lambert SCHAUS

J. LUNS

J. LINTHORST HOMAN



Protocol

on the Statute of the Court of Justice of the European Atomic Energy Community



THE HIGH CONTRACTING PARTIES TO THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY,



DESIRING to lay down the Statute of the Court provided for in Article 160 of this Treaty,



HAVE DESIGNATED as their Plenipotentiaries for this purpose:



HIS MAJESTY THE KING OF THE BELGIANS:



Baron J. Ch. SNOY ET D'OPPUERS, Secretary General of the Ministry of Economic Affairs, Head of the Belgian Delegation to the Intergovernmental Conference;



THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY:

Professor Dr Carl Friedrich OPHULS, Ambassador of the Federal Republic of Germany, Head of the German Delegation to the Intergovernmental Conference;



THE PRESIDENT OF THE FRENCH REPUBLIC:

Mr Robert MARJOLIN, Professor of Law, Deputy Head of the French Delegation to the Intergovernmental Conference;



THE PRESIDENT OF THE ITALIAN REPUBLIC:

Mr V. BADINI CONFALONIERI, Under Secretary of State in the Ministry of Foreign Affairs, Head of the Italian Delegation to the Intergovernmental Conference;



HER ROYAL HIGHNESS THE GRAND DUCHESS OF LUXEMBOURG:

Mr Lambert SCHAUS, Ambassador of the Grand Duchy of Luxembourg, Head of the Luxembourg Delegation to the Intergovernmental Conference;



HER MAJESTY THE QUEEN OF THE NETHERLANDS:

Mr J. LINTHORST HOMAN, Head of the Netherlands Delegation to the Intergovernmental Conference;



WHO, having exchanged their full powers, found in good and due form,


HAVE AGREED upon the following provisions, which shall be annexed to the Treaty establishing the European Atomic Energy Community.


Article 1


The Court established by Article 3 of this Treaty shall be constituted and shall function in accordance with the provisions of this Treaty and of this statute.


TITLE I


JUDGES AND ADVOCATES GENERAL


Article 2


Before taking up his duties each Judge shall, in open court, take an oath to perform his duties impartially and conscientiously and to preserve the secrecy of the deliberations of the Court.


Article 3


The Judges shall be immune from legal proceedings. After they have ceased to hold office, they shall continue to enjoy immunity in respect of acts performed by them in their official capacity, including words spoken or written.The Court, sitting in plenary session, may waive the immunity.Where immunity has been waived and criminal proceedings are instituted against a Judge, he shall be tried, in any of the Member States, only by the Court competent to judge the members of the highest national judiciary.


Article 4


The Judges may not hold any political or administrative office.They may not engage in any occupation, whether gainful or not, unless exemption is exceptionally granted by the Council.When taking up their duties, they shall give a solemn undertaking that, both during and after their term of office, they will respect the obligations arising therefrom, in particular the duty to behave with integrity and discretion as regards the acceptance, after they have ceased to hold office, of certain appointments or benefits.Any doubt on this point shall be settled by decision of the Court.


Article 5


Apart from normal replacement, or death, the duties of a Judge shall end when he resigns.Where a Judge resigns, his letter of resignation shall be addressed to the President of the Court for transmission to the President of the Council. Upon this notification a vacancy shall arise on the bench.Save where Article 6 applies, a Judge shall continue to hold office until his successor takes up his duties.


Article 6


A Judge may be deprived of his office or of his right to a pension or other benefits in its stead only if, in the unanimous opinion of the Judges and Advocates General of the Court, he no longer fulfils the requisite conditions or meets the obligations arising from his office. The Judge concerned shall not take part in any such deliberations.The Registrar of the Court shall communicate the decision of the Court to the President of the European Parliament and to the President of the Commission and shall notify it to the President of the Council.In the case of a decision depriving a Judge of his office, a vacancy shall arise on the bench upon this latter notification.


Article 7


A Judge who is to replace a member of the Court whose term of office has not expired shall be appointed for the remainder of his predecessor's term.


Article 8


The provisions of Articles 2 to 7 shall apply to the Advocates General.


TITLE II


ORGANIZATION


Article 9


The Registrar shall take an oath before the Court to perform his duties impartially and conscientiously and to preserve the secrecy of the deliberations of the Court.


Article 10


The Court shall arrange for replacement of the Registrar on occasions when he is prevented from attending the Court.


Article 11


Officials and other servants shall be attached to the Court to enable it to function. They shall be responsible to the Registrar under the authority of the President.


Article 12


On a proposal from the Court, the Council may, acting unanimously, provide for the appointment of Assistant Rapporteurs and lay down the rules governing their service. The Assistant Rapporteurs may be required, under conditions laid down in the Rules of Procedure, to participate in preparatory inquiries in cases pending before the Court and to cooperate with the Judge who acts as Rapporteur.The Assistant Rapporteurs shall be chosen from persons whose independence is beyond doubt and who possess the necessary legal qualifications; they shall be appointed by the Council. They shall take an oath before the Court to perform their duties impartially and conscientiously and to preserve the secrecy of the deliberations of the Court.


Article 13


The Judges, the Advocates General and the Registrar shall be required to reside at the place where the Court has its seat.


Article 14


The Court shall remain permanently in session. The duration of the judicial vacations shall be determined by the Court with due regard to the needs of its business.


Article 15


(*^55)


Decisions of the Court shall be valid only when an uneven number of its members is sitting in the deliberations. Decisions of the full Court shall be valid if nine members are sitting. Decisions of the chambers consisting of three or five Judges shall be valid only if three Judges are sitting. Decisions of the chambers consisting of seven Judges shall be valid only if five Judges are sitting. In the event of one of the Judges of a chamber being prevented from attending, a Judge of another chamber may be called upon to sit in accordance with conditions laid down in the Rules of Procedure.


Article 16


No Judge or Advocate General may take part in the disposal of any case in which he has previously taken part as agent or adviser or has acted for one of the parties, or on which he has been called upon to pronounce as a member of a court or tribunal, of a commission of inquiry or in any other capacity.If, for some special reason, any Judge or Advocate General considers that he should not take part in the judgment or examination of a particular case, he shall so inform the President. If, for some special reason, the President considers that any Judge or Advocate General should not sit or make submissions in a particular case, he shall notify him accordingly.Any difficulty arising as to the application of this Article shall be settled by decision of the Court.A party may not apply for a change in the composition of the Court or of one of its chambers on the grounds of either the nationality of a Judge or the absence from the Court or from the chamber of a Judge of the nationality of that party.


TITLE III


PROCEDURE


Article 17


The States and the institutions of the Community shall be represented before the Court by an agent appointed for each case; the agent may be assisted by an adviser or a lawyer entitled to practise before a court of a Member State.Other parties must be represented by a lawyer entitled to practise before a court of a Member State.Such agents, advisers and lawyers shall, when they appear before the Court, enjoy the rights and immunities necessary to the independent exercise of their duties, under conditions laid down in the Rules of Procedure.As regards such advisers and lawyers who appear before it, the Court shall have the powers normally accorded to courts of law, under conditions laid down in the Rules of Procedure.University teachers being nationals of a Member State whose law accords them a right of audience shall have the same rights before the Court as are accorded by this Article to lawyers entitled to practise before a court of a Member State.


Article 18


The procedure before the Court shall consist of two parts: written and oral.The written procedure shall consist of the communication to the parties and to the institutions of the Community whose decisions are in dispute of applications, statements of case, defences and observations, and of replies, if any, as well as of all papers and documents in support or of certified copies of them.Communications shall be made by the Registrar in the order and within the time laid down in the Rules of Procedure.The oral procedure shall consist of the reading of the report presented by a Judge acting as Rapporteur, the hearing by the Court of agents, advisers and lawyers entitled to practise before a court of a Member State and of the submissions of the Advocate General, as well as the hearing, if any, of witnesses and experts.


Article 19


A case shall be brought before the Court by a written application addressed to the Registrar. The application shall contain the applicant's name and per manent address and the description of the signatory, the name of the party against whom the application is made, the subject matter of the dispute, the submissions and a brief statement of the grounds on which the application is based.The application shall be accompanied, where appropriate, by the measure the annulment of which is sought or, in the circumstances referred to in Article 148 of this Treaty, by documentary evidence of the date on which an institution was, in accordance with that Article, requested to act. If the documents are not submitted with the application, the Registrar shall ask the party concerned to produce them within a reasonable period, but in that event the rights of the party shall not lapse even if such documents are produced after the time limit for bringing proceedings.


Article 20


A case governed by Article 18 of this Treaty shall be brought before the Court by an appeal addressed to the Registrar. The appeal shall contain the name and permanent address of the applicant and the description of the signatory, a reference to the decision against which the appeal is brought, the names of the respondents, the subject matter of the dispute, the submissions and a brief statement of the grounds on which the appeal is based.The appeal shall be accompanied by a certified copy of the decision of the Arbitration Committee which is contested.If the Court rejects the appeal, the decision of the Arbitration Committee shall become final.If the Court annuls the decision of the Arbitration Committee, the matter may be re opened, where appropriate, on the initiative of one of the parties in the case, before the Arbitration Committee. The latter shall conform to any decisions on points of law given by the Court.


Article 21


In the cases governed by Article 150 of this Treaty, the decision of the court or tribunal of a Member State which suspends its proceedings and refers a case to the Court shall be notified to the Court by the court or tribunal concerned. The decision shall then be notified by the Registrar of the Court to the parties, to the Member States and to the Commission, and also to the Council if the act the validity or interpretation of which is in dispute originates from the Council.Within two months of this notification, the parties, the Member States, the Commission and, where appropriate, the Council, shall be entitled to submit statements of case or written observations to the Court.


Article 22


The Court may require the parties to produce all documents and to supply all information which the Court considers desirable. Formal note shall be taken of any refusal.The Court may also require the Member States and institutions not being parties to the case to supply all information which the Court considers necessary for the proceedings.


Article 23


The Court may at any time entrust any individual, body, authority, committee or other organization it chooses with the task of giving an expert opinion.


Article 24


Witnesses may be heard under conditions laid down in the Rules of Procedure.


Article 25


With respect to defaulting witnesses the Court shall have the powers generally granted to courts and tribunals and may impose pecuniary penalties under conditions laid down in the Rules of Procedure.


Article 26


Witnesses and experts may be heard on oath taken in the form laid down in the Rules of Procedure or in the manner laid down by the law of the country of the witness or expert.


Article 27


The Court may order that a witness or expert be heard by the judicial authority of his place of permanent residence.The order shall be sent for implementation to the competent judicial authority under conditions laid down in the Rules of Procedure. The documents drawn up in compliance with the letters rogatory shall be returned to the Court under the same conditions.The Court shall defray the expenses, without prejudice to the right to charge them, where appropriate, to the parties.


Article 28


A Member State shall treat any violation of an oath by a witness or expert in the same manner as if the offence had been committed before one of its courts with jurisdiction in civil proceedings. At the instance of the Court, the Member State concerned shall prosecute the offender before its competent court.


Article 29


The hearing in court shall be public, unless the Court, of its own motion or on application by the parties, decides otherwise for serious reasons.


Article 30


During the hearings the Court may examine the experts, the witnesses and the parties themselves. The latter, however, may address the Court only through their representatives.


Article 31


Minutes shall be made of each hearing and signed by the President and the Registrar.


Article 32


The case list shall be established by the President.


Article 33


The deliberations of the Court shall be and shall remain secret.


Article 34


Judgments shall state the reasons on which they are based. They shall contain the names of the Judges who took part in the deliberations.


Article 35


Judgments shall be signed by the President and the Registrar. They shall be read in open court.


Article 36


The Court shall adjudicate upon costs.


Article 37


The President of the Court may, by way of summary procedure, which may, in so far as necessary, differ from some of the rules contained in this Statute and which shall be laid down in the Rules of Procedure, adjudicate upon applications to suspend execution, as provided for in Article 157 of this Treaty, or to prescribe interim measures in pursuance of Article 158, or to suspend enforcement in accordance with the last paragraph of Article 164.Should the President be prevented from attending, his place shall be taken by another Judge under conditions laid down in the Rules of Procedure.The ruling of the President or of the Judge replacing him shall be provisional and shall in no way prejudice the decision of the Court on the substance of the case.


Article 38


Member States and institutions of the Community may intervene in cases before the Court.The same right shall be open to any other person establishing an interest in the result of any case submitted to the Court, save in cases between Member States, between institutions of the Community or between Member States and institutions of the Community.Submissions made in an application to intervene shall be limited to supporting the submissions of one of the parties.


Article 39


Where the defending party, after having been duly summoned, fails to file written submissions in defence, judgment shall be given against that party by default. An objection may be lodged against the judgment within one month of it being notified. The objection shall not have the effect of staying enforcement of the judgment by default unless the Court decides otherwise.


Article 40


Member States, institutions of the Community and any other natural or legal persons may, in cases and under conditions to be determined by the Rules of Procedure, institute third party proceedings to contest a judgment rendered without their being heard, where the judgment is prejudicial to their rights.


Article 41


If the meaning or scope of a judgment is in doubt, the Court shall construe it on application by any party or any institution of the Community establishing an interest therein.




Article 42


An application for revision of a judgment may be made to the Court only on discovery of a fact which is of such a nature as to be a decisive factor, and which, when the judgment was given, was unknown to the Court and to the party claiming the revision.The revision shall be opened by a judgment of the Court expressly recording the existence of a new fact, recognizing that it is of such a character as to lay the case open to revision and declaring the application admissible on this ground.No application for revision may be made after the lapse of 10 years from the date of the judgment.


Article 43


Periods of grace based on considerations of distance shall be determined by the Rules of Procedure.No right shall be prejudiced in consequence of the expiry of a time limit if the party concerned proves the existence of unforeseeable circumstances or of force majeure.


Article 44


Proceedings against the Community in matters arising from non contractual liability shall be barred after a period of five years from the occurrence of the event giving rise thereto. The period of limitation shall be interrupted if proceedings are instituted before the Court or if prior to such proceedings an application is made by the aggrieved party to the relevant institution of the Community. In the latter event the proceedings must be instituted within the period of two months provided for in Article 146; the provisions of the second paragraph of Article 148 shall apply where appropriate.


TITLE IV


(*^56)


THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES


Article 45


Articles 2 to 8 and 13 to 16 of this Statute shall apply to the Court of First Instance and its members. The oath referred to in Article 2 shall be taken before the Court of Justice and the decisions referred to in Articles 3, 4 and 6 shall be adopted by that Court after hearing the Court of First Instance.


Article 46


The Court of First Instance shall appoint its Registrar and lay down the rules governing his service. Articles 9, 10 and 13 of this Statute shall apply to the Registrar of the Court of First Instance mutatis mutandis.The President of the Court of Justice and the President of the Court of First Instance shall determine, by common accord, the conditions under which officials and other servants attached to the Court of Justice shall render their services to the Court of First Instance to enable it to function. Certain officials or other servants shall be responsible to the Registrar of the Court of First Instance under the authority of the President of the Court of First Instance.


Article 47


The procedure before the Court of First Instance shall be governed by Title III of this Statute, with the exception of Articles 20 and 21.Such further and more detailed provisions as may be necessary shall be laid down in the Rules of Procedure established in accordance with Article 140a(4) of this Treaty.Notwithstanding the fourth paragraph of Article 18, the Advocate General may make his reasoned submissions in writing.


Article 48


Where an application or other procedural document addressed to the Court of First Instance is lodged by mistake with the Registrar of the Court of Justice it shall be transmitted immediately by that Registrar to the Registrar of the Court of First Instance; likewise, where an application or other procedural document addressed to the Court of Justice is lodged by mistake with the Registrar of the Court of First Instance, it shall be transmitted immediately by that Registrar to the Registrar of the Court of Justice.Where the Court of First Instance finds that it does not have jurisdiction to hear and determine an action in respect of which the Court of Justice has jurisdiction, it shall refer that action to the Court of Justice; likewise, where the Court of Justice finds that an action falls within the jurisdiction of the Court of First Instance, it shall refer that action to the Court of First Instance, whereupon that Court may not decline jurisdiction.Where the Court of Justice and the Court of First Instance are seised of cases in which the same relief is sought, the same issue of interpretation is raised or the validity of the same act is called in question, the Court of First Instance may, after hearing the parties, stay the proceedings before it until such time as the Court of Justice shall have delivered judgment. Where applications are made for the same act to be declared void, the Court of First Instance may also decline jurisdiction in order that the Court of Justice may rule on such applications. In the cases referred to in this subparagraph, the Court of Justice may also decide to stay the proceedings before it; in that event, the proceedings before the Court of First Instance shall continue.


Article 49


Final decisions of the Court of First Instance, decisions disposing of the substantive issues in part only or disposing of a procedural issue concerning a plea of lack of competence or inadmissibility, shall be notified by the Registrar of the Court of First Instance to all parties as well as all Member States and the Community institutions even if they did not intervene in the case before the Court of First Instance.


Article 50


An appeal may be brought before the Court of Justice, within two months of the notification of the decision appealed against, against final decisions of the Court of First Instance and decisions of that Court disposing of the substantive issues in part only or disposing of a procedural issue concerning a plea of lack of competence or inadmissibility.Such an appeal may be brought by any party which has been unsuccessful, in whole or in part, in its submissions. However, interveners other than the Member States and the Community institutions may bring such an appeal only where the decision of the Court of First Instance directly affects them.With the exception of cases relating to disputes between the Community and its servants, an appeal may also be brought by Member States and Community institutions which did not intervene in the proceedings before the Court of First Instance. Such Member States and institutions shall be in the same position as Member States or institutions which intervened at first instance.


Article 51


Any person whose application to intervene has been dismissed by the Court of First Instance may appeal to the Court of Justice within two weeks of the notification of the decision dismissing the application.The parties to the proceedings may appeal to the Court of Justice against any decision of the Court of First Instance made pursuant to Article 157 or 158 or the third paragraph of Article 164 of this Treaty within two months from their notification.The appeal referred to in the first two paragraphs of this Article shall be heard and determined under the procedure referred to in Article 37 of this Statute.


Article 52


An appeal to the Court of Justice shall be limited to points of law. It shall lie on the grounds of lack of competence of the Court of First Instance, a breach of procedure before it which adversely affects the interests of the appellant as well as the infringement of Community law by the Court of First Instance.No appeal shall lie regarding only the amount of the costs or the party ordered to pay them.


Article 53


Where an appeal is brought against a decision of the Court of First Instance, the procedure before the Court of Justice shall consist of a written part und an oral part. In accordance with conditions laid down in the Rules of Procedure the Court of Justice, having heard the Advocate General and the parties, may dispense with the oral procedure.


Article 54


Without prejudice to Articles 157 and 158 of this Treaty, an appeal shall not have suspensory effect.By way of derogation from Article 159 of this Treaty, decisions of the Court of First Instance declaring a regulation to be void shall take effect only as from the date of expiry of the period referred to in the first paragraph of Article 50 of this Statute or, if an appeal shall have been brought within that period, as from the date of dismissal of the appeal, without prejudice, however, to the right of a party to apply to the Court of Justice, pursuant to Articles 157 and 158 of this Treaty, for the suspension of the effects of the regulation which has been declared void or for the prescription of any other interim measure.


Article 55


If the appeal is well founded, the Court of Justice shall quash the decision of the Court of First Instance. It may itself give final judgment in the matter, where the state of the proceedings so permits, or refer the case back to the Court of First Instance for judgment.Where a case is referred back to the Court of First Instance, that Court shall be bound by the decision of the Court of Justice on points of law.When an appeal brought by a Member State or a Community institution, which did not intervene in the proceedings before the Court of First Instance, is well founded the Court of Justice may, if it considers this necessary, state which of the effects of the decision of the Court of First Instance which has been quashed shall be considered as definitive in respect of the parties to the litigation.


Article 56


The Rules of Procedure of the Court provided for in Article 160 of this Treaty shall contain, apart from the provisions contemplated by this statute, any other provisions necessary for applying and, where required, supplementing it.


Article 57


The Council may, acting unanimously, make such further adjustments to the provisions of this statute as may be required by reason of measures taken by the Council in accordance with the last paragraph of Article 137 of this Treaty.


Article 58


Immediately after the oath has been taken, the President of the Council shall proceed to choose by lot the Judges and the Advocates General whose terms of office are to expire at the end of the first three years in accordance with the second and third paragraphs of Article 139 of this Treaty.


IN WITNESS WHEREOF, the undersigned Plenipotentiaries have signed this Protocol.

Done at Brussels this seventeenth day of April in the year one thousand nine hundred and fifty seven.


J. Ch. SNOY ET D'OPPUERS

C. F. OPHULS

Robert MARJOLIN

Vittorio BADINI CONFALONIERI

Lambert SCHAUS

J. LINTHORST HOMAN


(*^55)

As amended by Article 19 AA A/FIN/SWE.


(*^56)

Inserted by Article 9 of the Council Decision of 24 October 1988 establishing a Court of First Instance of the European Communities


(OJ L 319, 25.11.1988, p. 1). The text of the Decision appears on p. 513 of this volume.





Treaty establishing the European Atomic Energy Community


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