Consolidated version of the Treaty establishing the European Atomic Energy Community 2016/C 203/01

1. Introductory Text

2. TITLE I THE TASKS OF THE COMMUNITY

   1. Article 1. By this Treaty the HIGH CONTRACTING PARTIES establish among themselves...

   2. Article 2. In order to perform its task, the Community shall, as...

   3. Article 3. (repealed)

3. TITLE II PROVISIONS FOR THE ENCOURAGEMENT OF PROGRESS IN THE FIELD OF NUCLEAR ENERGY

   1. CHAPTER 1 Promotion of research

      1. Article 4. (1) The Commission shall be responsible for promoting and facilitating...

      2. Article 5. For purposes of coordinating and complementing research undertaken in Member...

      3. Article 6. To encourage the carrying out of research programmes communicated to...

      4. Article 7. Community research and training programmes shall be determined by the...

      5. Article 8. (1) After consulting the Scientific and Technical Committee, the Commission...

      6. Article 9. (1) After obtaining the opinion of the Economic and Social...

      7. Article 10. The Commission may, by contract, entrust the carrying out of...

      8. Article 11. The Commission shall publish the research programmes referred to in...

   2. CHAPTER 2 Dissemination of information

      1. Section 1 Information over which the Community has power of disposal

         1. Article 12. Member States, persons or undertakings shall have the right, on...

         2. Article 13. The Commission shall communicate to Member States, persons and undertakings...

      2. Section 2 Other information

         1. (a) Dissemination by amicable agreement

            1. Article 14. The Commission shall endeavour, by amicable agreement, to secure both...

            2. Article 15. The Commission shall establish a procedure by which Member States,...

         2. (b) Compulsory communication to the Commission

            1. Article 16. (1) As soon as an application for a patent or...

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

            1. Article 17. (1) Failing amicable agreement, non exclusive licences may be granted...

            2. Article 18. An Arbitration Committee is hereby established for the purposes provided...

            3. Article 19. Where, failing amicable agreement, the Commission intends to secure the...

            4. Article 20. The proprietor may, within one month of receipt of the...

            5. Article 21. If the proprietor does not propose that the matter be...

            6. Article 22. (1) If the proprietor of the patent, provisionally protected patent...

            7. Article 23. After the lapse of one year, the decisions of the...

      3. Section 3 Security provisions

         1. Article 24. Information which the Community acquires as a result of carrying...

         2. Article 25. (1) A Member State notifying the existence or communicating the...

         3. Article 26. (1) Where information covered by patents, patent applications, provisionally protected...

         4. Article 27. Compensation for any damage suffered by the applicant as a...

      4. Section 4 Special provisions

         1. Article 28. Where, as a result of their communication to the Commission,...

         2. Article 29. Where an agreement or contract for the exchange of scientific...

   3. CHAPTER 3 Health and safety

      1. Article 30. Basic standards shall be laid down within the Community for...

      2. Article 31. The basic standards shall be worked out by the Commission...

      3. Article 32. At the request of the Commission or of a Member...

      4. Article 33. Each Member State shall lay down the appropriate provisions, whether...

      5. Article 34. Any Member State in whose territories particularly dangerous experiments are...

      6. Article 35. Each Member State shall establish the facilities necessary to carry...

      7. Article 36. The appropriate authorities shall periodically communicate information on the checks...

      8. Article 37. Each Member State shall provide the Commission with such general...

      9. Article 38. The Commission shall make recommendations to the Member States with...

      10. Article 39. The Commission shall set up within the framework of the...

   4. CHAPTER 4 Investment

      1. Article 40. In order to stimulate action by persons and undertakings and...

      2. Article 41. Persons and undertakings engaged in the industrial activities listed in...

      3. Article 42. The projects referred to in Article 41 shall be communicated...

      4. Article 43. The Commission shall discuss with the persons or undertakings all...

      5. Article 44. The Commission may, with the consent of the Member States,...

   5. CHAPTER 5 Joint undertakings

      1. Article 45. Undertakings which are of fundamental importance to the development of...

      2. Article 46. (1) Every project for establishing a Joint Undertaking, whether originating...

      3. Article 47. The Council may, when the matter has been submitted to...

      4. Article 48. The Council may, acting unanimously on a proposal from the...

      5. Article 49. Joint Undertakings shall be established by Council decision. Each Joint...

      6. Article 50. The statutes of Joint Undertakings shall be amended, where necessary,...

      7. Article 51. The Commission shall be responsible for carrying out all decisions...

   6. CHAPTER 6 Supplies

      1. Article 52. (1) The supply of ores, source materials and special fissile...

      2. Section 1 The Agency

         1. Article 53. The Agency shall be under the supervision of the Commission,...

         2. Article 54. The Agency shall have legal personality and financial autonomy. The...

         3. Article 55. The Member States shall communicate or cause to be communicated...

         4. Article 56. The Member States shall be responsible for ensuring that the...

      3. Section 2 Ores, source materials and special fissile materials coming from inside the Community

         1. Article 57. (1) The right of option of the Agency shall cover:...

         2. Article 58. Where a producer carries out several stages of production from...

         3. Article 59. If the Agency does not exercise its right of option...

         4. Article 60. Potential users shall periodically inform the Agency of the supplies...

         5. Article 61. The Agency shall meet all orders unless prevented from so...

         6. Article 62. (1) The Agency shall exercise its right of option on...

         7. Article 63. Ores, source materials and special fissile materials produced by Joint...

      4. Section 3 Ores, source materials and special fissile materials coming from outside the Community

         1. Article 64. The Agency, acting where appropriate within the framework of agreements...

         2. Article 65. Article 60 shall apply to applications from users and to...

         3. Article 66. Should the Commission find, on application by the users concerned,...

      5. Section 4 Prices

         1. Article 67. Save where exceptions are provided for in this Treaty, prices...

         2. Article 68. Pricing practices designed to secure a privileged position for certain...

         3. Article 69. The Council may fix prices, acting unanimously on a proposal...

      6. Section 5 Provisions relating to supply policy

         1. Article 70. Within the limits set by the budget of the Community,...

         2. Article 71. The Commission shall make all appropriate recommendations to Member States...

         3. Article 72. The Agency may, from material available inside or outside the...

      7. Section 6 Special provisions

         1. Article 73. Where an agreement or contract between a Member State, a...

         2. Article 74. The Commission may exempt from the provisions of this Chapter...

         3. Article 75. The provisions of this Chapter shall not apply to commitments...

         4. Article 76. On the initiative of a Member State or of the...

   7. CHAPTER 7 Safeguards

      1. Article 77. In accordance with the provisions of this Chapter, the Commission...

      2. Article 78. Anyone setting up or operating an installation for the production,...

      3. Article 79. The Commission shall require that operating records be kept and...

      4. Article 80. The Commission may require that any excess special fissile materials...

      5. Article 81. The Commission may send inspectors into the territories of Member...

      6. Article 82. Inspectors shall be recruited by the Commission. They shall be...

      7. Article 83. (1) In the event of an infringement on the part...

      8. Article 84. In the application of the safeguards, no discrimination shall be...

      9. Article 85. Where new circumstances so require, the procedures for applying the...

   8. CHAPTER 8 Property ownership

      1. Article 86. Special fissile materials shall be the property of the Community....

      2. Article 87. Member States, persons or undertakings shall have the unlimited right...

      3. Article 88. The Agency shall keep a special account in the name...

      4. Article 89. (1) In the Special Fissile Materials Financial Account:

      5. Article 90. Where new circumstances so require, the provisions of this Chapter...

      6. Article 91. The system of ownership applicable to all objects, materials and...

   9. CHAPTER 9 The nuclear common market

      1. Article 92. The provisions of this Chapter shall apply to the goods...

      2. Article 93. Member States shall prohibit between themselves all customs duties on...

      3. Articles 94 and 95. (repealed)

      4. Article 96. The Member States shall abolish all restrictions based on nationality...

      5. Article 97. No restrictions based on nationality may be applied to natural...

      6. Article 98. Member States shall take all measures necessary to facilitate the...

      7. Article 99. The Commission may make any recommendations for facilitating movements of...

      8. Article 100. (repealed)

   10. CHAPTER 10 External relations

       1. Article 101. The Community may, within the limits of its powers and...

       2. Article 102. Agreements or contracts concluded with a third State, an international...

       3. Article 103. Member States shall communicate to the Commission draft agreements or...

       4. Article 104. No person or undertaking concluding or renewing an agreement or...

       5. Article 105. The provisions of this Treaty shall not be invoked so...

       6. Article 106. Member States which, before 1 January 1958 or, for acceding...

4. TITLE III INSTITUTIONAL AND FINANCIAL PROVISIONS

   1. CHAPTER 1 Application of certain provisions of the Treaty on European Union and of the Treaty on the Functioning of the European Union

      1. Article 106a. (1) Article 7, Articles 13 to 19, Article 48(2) to...

   2. CHAPTER 2 The Institutions of the Community

      1. Section 1 The European Parliament

         1. Articles 107 to 114. (repealed)

      2. Section 2 The Council

         1. Articles 115 to 123. (repealed)

      3. Section 3 The Commission

         1. Articles 124 to 133. (repealed)

         2. Article 134. (1) A Scientific and Technical Committee is hereby set up;...

         3. Article 135. The Commission may undertake any consultations and establish any study...

      4. Section 4 The Court of Justice of the European Union

         1. Articles 136 to 143. (repealed)

         2. Article 144. The Court of Justice of the European Union shall have...

         3. Article 145. If the Commission considers that a person or undertaking has...

         4. Articles 146 to 156. (repealed)

         5. Article 157. Save as otherwise provided in this Treaty, actions brought before...

         6. Articles 158 to 160. (repealed)

      5. Section 5 The Court of Auditors

         1. Articles 160a to 160c. (repealed)

   3. CHAPTER 3 Provisions common to several institutions

      1. Articles 161 to 163. (repealed)

      2. Article 164. Enforcement shall be governed by the rules of civil procedure...

   4. CHAPTER 4 The Economic and Social Committee

      1. Articles 165 to 170. (repealed)

5. TITLE IV SPECIFIC FINANCIAL PROVISIONS

   1. Article 171. (1) Estimates shall be drawn up for each financial year...

   2. Article 172. (1) (repealed) (2) (repealed) (3) (repealed) (4) Loans for the...

   3. Articles 173 and 173a. (repealed)

   4. Article 174. (1) The expenditure shown in the operating budget shall include...

   5. Article 175. (repealed)

   6. Article 176. (1) Subject to the limits resulting from programmes or decisions...

   7. Articles 177 to 181. (repealed)

   8. Article 182. (1) The Commission may, provided it notifies the competent authorities...

   9. Articles 183 and 183a. (repealed)

6. TITLE V GENERAL PROVISIONS

   1. Article 184. The Community shall have legal personality.

   2. Article 185. In each of the Member States, the Community shall enjoy...

   3. Article 186. (repealed)

   4. Article 187. The Commission may, within the limits and under the conditions...

   5. Article 188. The contractual liability of the Community shall be governed by...

   6. Article 189. The seat of the institutions of the Community shall be...

   7. Article 190. (repealed)

   8. Article 191. The Community shall enjoy in the territories of the Member...

   9. Article 192. Member States shall take all appropriate measures, whether general or...

   10. Article 193. Member States undertake not to submit a dispute concerning the...

   11. Article 194. (1) The members of the institutions of the Community, the...

   12. Article 195. The institutions of the Community, the Agency and the Joint...

   13. Article 196. For the purposes of this Treaty, save as otherwise provided...

   14. Article 197. For the purposes of this Treaty: ‘Special fissile materials’ means...

   15. Article 198. Save as otherwise provided, this Treaty shall apply to the...

   16. Article 199. It shall be for the Commission to ensure the maintenance...

   17. Article 200. The Community shall establish all appropriate forms of cooperation with...

   18. Article 201. The Community shall establish close cooperation with the Organisation for...

   19. Article 202. The provisions of this Treaty shall not preclude the existence...

   20. Article 203. If action by the Community should prove necessary to attain...

   21. Articles 204 and 205. (repealed)

   22. Article 206. The Community may conclude with one or more States or...

   23. Article 207. The Protocols annexed to this Treaty by common accord of...

   24. Article 208. This Treaty is concluded for an unlimited period.

7. TITLE VI

   1. PROVISIONS RELATING TO THE INITIAL PERIOD

      1. Articles 209 to 223. (repealed)

   2. FINAL PROVISIONS

      1. Article 224. This Treaty shall be ratified by the High Contracting Parties...

      2. Article 225. This Treaty, drawn up in a single original in the...

8. Signature

9. ANNEXES

   1. ANNEX I

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

      1. I. Raw materials

         1. 1. Methods for the prospecting and mining of base materials (uranium,...

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

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

         4. 4. Methods for the conversion and processing of these compounds and...

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

         6. 6. Methods of producing, refining, processing and preserving other special materials...

         7. 7. Methods of isotope separation:

      2. II. Physics applied to nuclear energy

         1. 1. Applied theoretical physics:

         2. 2. Applied experimental physics:

         3. 3. Reactor calculations:

      3. III. Physical chemistry of reactors

         1. 1. Study of changes in the physical and chemical structure and...

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

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

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

      4. IV. Processing of radioactive material

         1. 1. Methods of extracting plutonium and uranium 233 from irradiated fuels,...

         2. 2. Chemistry and metallurgy of plutonium.

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

         4. 4. Methods of extracting and chemistry of useful radioisotopes:

         5. 5. Concentration and storage of useless radioactive waste.

      5. V. Applications of radioisotopes

      6. VI. Study of the harmful affects of radiation on living organisms...

         1. 1. Study of the detection and measurement of harmful radiations.

         2. 2. Study of adequate preventive and protective measures and the appropriate...

         3. 3. Study of the treatment of radiation effects.

      7. VII. Equipment

      8. VIII. Economic aspects of energy production

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

         2. 2. Technical and economic study of fuel cycles.

   2. ANNEX II

      INDUSTRIAL ACTIVITIES REFERRED TO IN ARTICLE 41 OF THIS TREATY

      1. 1. Mining of uranium and thorium ore.

      2. 2. Concentration of such ores.

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

      4. 4. Preparation of nuclear fuels, in any form.

      5. 5. Fabrication of nuclear fuel elements.

      6. 6. Production of uranium hexafluoride.

      7. 7. Production of enriched uranium.

      8. 8. Processing of irradiated fuels for the purpose of separating some...

      9. 9. Production of reactor moderators.

      10. 10. Production of hafnium-free zirconium or compounds thereof.

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

      12. 12. Facilities for the industrial processing of radioactive waste, set up...

      13. 13. Semi industrial installations intended to prepare the way for the...

   3. ANNEX III

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

      1. 1. Recognition that public interest status in conformity with the national...

      2. 2. The right to be granted licences, either through arbitration or...

      3. 3. Exemption from all duties and charges when Joint Undertakings are...

      4. 4. Exemption from all duties and charges levied upon acquisition of...

      5. 5. Exemption from all direct taxes to which Joint Undertakings, their...

      6. 6. Exemption from all customs duties and charges having equivalent effect...

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

      8. 8. Exemption from restrictions on entry and residence for nationals of...

   4. ANNEX IV

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

      1. List A1

      2. List A2

      3. List B (entry deleted)

   5. ANNEX V

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

      1. (repealed)

10. PROTOCOLS

    1. PROTOCOL ON THE ROLE OF NATIONAL PARLIAMENTS IN THE EUROPEAN UNION

    2. PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION

    3. ANNEX I

    4. PROTOCOL ON THE LOCATION OF THE SEATS OF THE INSTITUTIONS AND OF CERTAIN BODIES, OFFICES, AGENCIES AND DEPARTMENTS OF THE EUROPEAN UNION

    5. PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN UNION

    6. PROTOCOL ON ARTICLE 40.3.3 OF THE CONSTITUTION OF IRELAND

    7. PROTOCOL ON TRANSITIONAL PROVISIONS