The Euratom Treaty established the Supply Agency of the European Atomic Energy Community (Euratom Supply Agency, or ESA) with legal personality and financial autonomy. ESA has been operating since 1 June 1960.
The main task foreseen in the Euratom Treaty is to ensure that all users in the Community receive a regular and equitable supply of ores and nuclear fuel. Chapter VI is devoted to the supply policy of nuclear materials in the EU, in particular it sets up the tasks and obligations of the ESA. Under Art. 52 ESA has the exclusive right to conclude contracts for the supply of ores, source materials and special fissile materials within the EU.
ESA’s Statutes address its operational and financial provisions. They also define the role of ESA’s Advisory Committee, which acts as a link between the Agency and both users and producers in the EU nuclear industry. The Advisory Committee assists ESA by giving opinions and providing analysis and information.
ESA’s Rules implement Art. 60 of the Euratom Treaty and define how demand is to be balanced against supply of ores, source materials and fissile materials. The Rules also define the declaration method for information on supplies.
Any act performed by the Agency in the exercise of its right of option or of its exclusive right to conclude supply contracts may be challenged before the Commission (Art.53 Euratom Treaty).
Treaty establishing the European Atomic Energy Community (Euratom Treaty),
in particular Articles 1, 2, 52-76, 80, 86-91, 171, 195, and 197.
Council Decision of 12 February 2008 establishing Statutes for the Euratom Supply Agency (O.J. L 41, 15/02/2008).
as modified by
Council Regulation (EU) No 517/2013 of 12 May 2013 adapting certain regulations and decisions in the field of, among others energy, by reason of the accession of the Republic of Croatia (O.J. L 158, 16.06.2013), in particular Chapter 8, point 2 of its Annex
Decision of the Supply Agency of the European Atomic Energy Community of 15 January 2021 adopting the Agency Rules determining the manner in which demand is to be balanced against the supply of ores, source materials and special fissile materials, and repealing the Rules of the Supply Agency of the European Atomic Energy Community of 5 May 1960, as amended by the Regulation of 15 July 1975 (O.J. L 218, 18.6.2021)
as approved by
Commission Decision (EU) 2021/986 of 29 April 2021 approving the Decision of the Supply Agency of the European Atomic Energy Community adopting new Agency Rules to determine the manner in which demand is to be balanced against the supply of ores, source materials and special fissile materials (O.J. L 218, 18.6.2021).
Commission Regulation (Euratom) 66/2006 of 16 January 2006exempting the transfer of small quantities of ores, source materials and special fissile materials from the rules of the chapter on supplies (O.J. L 11, 17.1.2006).
Judgments of the Court of Justice and Court of First Instance related to the policy of the Agency
- Judgment of the Court (Grand Chamber) of 12 September 2006, Industrias Nucleares do Brasil SA, Siemens AG v UBS AG, Texas Utilities Electric Corporation (joined cases).
- Court of Justice (First Chamber), judgement of 22 April 1999, Kernkraftwerke Lippe-Ems GmbH v Commission of the European Communities.
- Court of Justice, judgment of 11 March 1997, Empresa Nacional de Urânio SA (ENU) v Commission of the European Communities.
- Court of First Instance (First Chamber, extended composition), judgment of 25 February 1997, Kernkraftwerke Lippe-Ems GmbH v Commission of the European Communities.
- Court of First Instance, judgment of 15 September 1995, Empresa Nacional de Urânio SA (ENU) v Commission of the European Communities.
Commission’s decisions relating to a procedure in application of the Treaty:
- Commission Decision of 19 July 1993 on a procedure for the application of the second paragraph of Article 53 of the EAEC Treaty (Case ENU) (O.J. L 197, 06/08/1993 p.0054-0056).
- Commission Decision of 4 February 1994 relating to a procedure in application of the second paragraph of Article 53 of the Euratom Treaty (Case KLE) (O.J. L 48, 19/02/94 p.0045-0047).
- Commission Decision of 21 February 1994 relating to a procedure in application of the second paragraph of Article 53 of the Euratom Treaty (Case KLE) (O.J. L 122, 17/05/94 p.0030-0036).
- Decision of the Commission of 5 May 1960 fixing the date on which the Euratom Supply Agency shall take up its duties and approving the Agency Rules determining the manner in which demand is to be balanced against the supply of ores, source materials and special fissile materials (O.J. P 32, 11/05/1960 p.0776).
- Rules of the Supply Agency of the European Atomic Energy Community of 5 May 1960 determining the manner in which demand is to be balanced against the supply of ores, source materials and special fissile materials (O.J. P 32, 11/05/1960 p.0777-0779)
modified by: - Regulation of the Supply Agency of the European Atomic Energy Community amending the rules of the Supply Agency of 5 May 1960 determining the manner in which demand is to be balanced against the supply of ores, source materials and special fissile materials (O.J. L 193, 25/07/1975 p.0037-0038).