19. 2. 94 Official Journal of the European Communities No L 48/45 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 4 February 1994 relating to a procedure in application of the second paragraph of Article 53 of the Euratom Treaty (Only the German text is authentic) (94/95/Euratom) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 53 thereof, Having regard to the letter of 29 December 1993 from Kernkraftwerke Lippe-Ems GmbH, Whereas as follows : O @ I. THE FACTS The German Kernkraftwerke Lippe-Ems GmbH, hereinafter referred to as KLE, operates a nuclear power station and is, in this connection, a user of uranium. By letter of 25 November 1993, KLE submitted to the Euratom Supply Agency, herein- after the Agency, under Article 52 of the Euratom Treaty, a supply contract for 400 tonnes of natural uranium UF6 between it and British Nuclear Fuels plc, hereinafter referred to as BNFL. The letter was received by the Agency on 29 November. Before taking a decision under the Agency Rules of 5 May 1960 determining the manner in which demand is to balanced against the supply of ores, source materials and special fissile materials (') as () OJ No 32, 11. 5. 1960, p. 777/60. G @ O amended by the ‘Regulation of 15 July 1975(), hereinafter referred to as the Agency Rules, the Agency asked the contrating parties by letter of 10 December 1993 to let it know the origin of the nuclear materials concerned. The request was done in the framework of a common supply policy regarding supplies from the republics of the Commonwealth of Independent States, hereinafter referred to as CIS, and aimed at ensuring security of supply for users in the Community. BNFL replied, by letter of 14 December 1993, that the uranium to be supplied under the contract would be from the CIS probably from Russia. By letter of 20 December 1993, the Agency — reiterating the reasons given in its letter of 10 December — expressed reservations, ensuing from the common supply policy, about the proposed contract and asked the parties to let it know their views before it took a final decision. By letter of 29 December 1993, received by the Commission on 3 January 1994, KLE referred the matter to the Commission, under the terms of the second paragraph of Article 53 of the Treaty, requesting that the Commission : 1. order the Euratom Supply Agency to conclude the contract of 10/22 November 1993 between KLE and BNFL for the supply of 400 tonnes of uranium ; () OJ No L 193, 25. 7. 1975, p. 37.