No L 122/30 Official Journal of the European Communities 17. 5. 94 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 21 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) (94/285/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 20 January 1994 from Kernkraftwerke Lippe-Ems GmbH, L ] Whereas : I. THE FACTS (@) Acts performed by the Euratom Supply Agency (1) The German company Kernkraftwerke Lippe-Ems GmbH, hereinafter referred to as KLE, operates a nuclear power station and is, in this capacity, a user of uranium. By letter of 25 November 1993, received on 29 November 1993, KLE submitted to the Euratom Supply Agency, hereinafter referred to as the Agency, under Article 52 of the Euratom Treaty, a supply contract for 400 tonnes of natural uranium in the form of uranium hexafluoride (UF) between it and British Nuclear Fuels plc, here- inafter referred to as BNFL. (20 In view of the low price of the nuclear materials concerned and the fact that their country of origin had not been notified, the Agency asked the &) “) ©) 6) contracting parties, by letter of 10 December 1993, to let it know the origin of the natural uranium, while drawing their attention to the requirements of the common supply policy particularly with regard to supplies from the Republics of the Commonwealth of Independent States, hereinafter referred to as the CIS. BNFL replied by letter of 14 December 1993, that the uranium to be supplied under the contract would be from the CIS and probably from Russia. By letter of 20 December 1993, the Agency — reiterating the reasons given in its letter of 10 December 1993 — expressed reservations, arising from the common supply policy, about the proposed contract and asked the parties to let it know their views before it took a decision. By letter of 29 December 1993, KLE sent the Agency a copy of a letter addressed to the Commis- sion the same day in which, under the terms of the second paragraph of Article 53 of the Treaty, KLE accused the Agency of ‘failure to act’. On 6 January 1994, the Agency signed the proposed supply contract with the following addi- tional clause : ‘The contract is signed pursuant to the attached Decision No 1/94 of the Euratom Supply Agency subject to the condition that the natural uranium to