Governments of Belgium, Federal Republic of Germany, France, Italy, Luxembourg and the Netherlands

“ Article 59 If the Agency does not exercise its right of option as to the whole or part of the output of a producer, the latter:
(a) may have the ores, source materials or special fissionable materials transformed, either by his own means or under sub-contract, provided that he offers to the Agency the product of such transformation, and (b) shall be authorised by decision of the Commission to dispose of his available production outside the Community, provided that he offers it on terms no more favourable than those of his previous offer to the Agency. ”

“ Article 102 Any agreement or convention, which is concluded with a third country, an international organisation or a national of a third country and to which, in addition to the Community, one or more Member States are parties, shall enter into force only after all the Member States concerned have notified the Commission that such agreement or convention has become applicable in accordance with the provisions of their respective municipal law. ”

“ In the event of such persons having the right to take action against third parties, the Community shall, without prejudice to its own claims against the author of the damage, be substituted for such persons to the extent that it has borne the cost of making reparation for the damage suffered. ”

“ For this purpose, it shall be competent to give judgment on appeals by a Member State, the Council or the Commission on grounds of incompetence, of errors of substantial form, of infringement of this Treaty or of any legal provision relating to its application, or of abuse of powers.
Any natural or legal person may, under the same conditions, appeal against a decision addressed to him or against a decision which, although in the form of a regulation or a decision addressed to another person, is of direct and specific concern to him. ”

“ Control may not extend to materials intended for the purposes of defence which are in course of being specially prepared for such purposes or which, after being so prepared, are, in accordance with an operational plan, installed or stocked in a military establishment.
Article 85 Where new circumstances so require, the manner of applying the control provided for in this Chapter may, at the request of a Member State or of the Commission, be amended by the Council acting by means of a unanimous vote on a proposal of the Commission and after the Assembly has been consulted. ”

“ CHAPTER II — Dissemination of Information Section I — Information at the disposal of the Community Article 12 Member States, persons or enterprises shall, by means of a demand addressed to the Commission, be entitled to benefit by non-exclusive licences of patents, provisionally protected claims, utility models or patent applications, which are the property of the Community, in so far as they are in a position effectively to exploit the inventions to which they relate. ”

“ Article 179 The Commission shall, in accordance with the provisions of the regulations adopted pursuant to Article 183, implement the budgets on its own responsibility and within the limits of the appropriations made.
Such regulations shall lay down the particular procedure according to which each institution shall participate in the expenditure of its own funds. ”

“ Section IV — Special provisions Article 28 If any applications for patents or utility models not yet published or any patents or utility models classified for defence reasons are improperly used or come to the knowledge of an unauthorised third party as a result of their communication to the Commission, the Community shall make reparation for any damage suffered by the persons concerned. ”

“ If the Commission or the said third party refuses to conclude a compromise, the Commission may not require the Member State or its competent agencies to grant the licence or to cause it to be granted.
If, when the matter comes before it under the compromise, the Arbitration Committee rules that the Commission’s demand is in conformity with the provisions of Article 17, it shall give a reasoned decision ordering the granting of the licence to the applicant and determining the conditions to be observed and the compensation to be made, in so far as the parties have not reached agreement thereon. ”

“ After requesting the opinion of the Economic and Social Committee, the Commission may, within the framework of the Joint Nuclear Research Centre, set up schools for training specialists, particularly in prospecting for ores, producing nuclear materials of a high degree of purity, processing irradiated fuels, in atomic engineering, health protection and the production and use of radioactive isotopes. ”

“ Article 38 The Commission shall make recommendations to Member States regarding the level of radioactivity in the atmosphere, water or soil.
The Commission shall, in case of urgency, issue a directive requiring the Member State concerned to take, within a period fixed by the Commission, all measures necessary to prevent the basic standards from being exceeded and to ensure observance of any applicable provisions. ”

“ Appropriations for research and investment, subject to the limits resulting from programmes or decisions on expenditure which, pursuant to this Treaty, require the unanimous vote of the Council, shall comprise:
(a) budgetary commitments covering a tranche which constitutes an individual item and a coherent whole; and (b) payment authorisations representing the maximum sum payable each year for covering commitments contracted under paragraph (a) . 2. The calendar of due dates of commitments and authorisations shall be annexed to the corresponding draft budget proposed by the Commission. ”

“ The institutions of the Community and their facilities as well as the Joint Enterprises shall apply the provisions regarding security protection which are in force in the territory in which each of them is situated. ”

“ Where information forming the subject of a patent, patent application, provisionally protected claim, utility model or application for a utility model is classified in accordance with the provisions of Articles 24 and 25, the States requiring a certain grading may not refuse to allow corresponding applications to be filed in the other Member States. ”

“ When entering upon their duties, they shall give a solemn undertaking that, both during and after their term of office, they will respect the obligations resulting therefrom and in particular the duty of exercising honesty and discretion as regards the acceptance, after their term of office, of certain functions or advantages. ”

“ Such licences shall, at the request of the Commission, include the right to authorise third parties to use the invention in so far as they are carrying out work or orders for the Community or for Joint Enterprises ”