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Document 12016A083

Consolidated version of the Treaty establishing the European Atomic Energy Community
TITLE II - PROVISIONS FOR THE ENCOURAGEMENT OF PROGRESS IN THE FIELD OF NUCLEAR ENERGY
CHAPTER 7 - Safeguards
Article 83

OJ C 203, 7.6.2016, p. 33–34 (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

In force

ELI: http://data.europa.eu/eli/treaty/euratom_2016/art_83/oj

7.6.2016   

EN

Official Journal of the European Union

C 203/33


Article 83

1.   In the event of an infringement on the part of persons or undertakings of the obligations imposed on them by this Chapter, the Commission may impose sanctions on such persons or undertakings.

These sanctions shall be in order of severity:

(a)

a warning;

(b)

the withdrawal of special benefits such as financial or technical assistance;

(c)

the placing of the undertaking for a period not exceeding four months under the administration of a person or board appointed by common accord of the Commission and the State having jurisdiction over the undertaking;

(d)

total or partial withdrawal of source materials or special fissile materials.

2.   Decisions taken by the Commission in implementation of paragraph 1 and requiring the surrender of materials shall be enforceable. They may be enforced in the territories of Member States in accordance with Article 164.

By way of derogation from Article 157, appeals brought before the Court of Justice of the European Union against decisions of the Commission which impose any of the sanctions provided for in paragraph 1 shall have suspensory effect. The Court of Justice of the European Union may, however, on application by the Commission or by any Member State concerned, order that the decision be enforced forthwith.

There shall be an appropriate legal procedure to ensure the protection of interests that have been prejudiced.

3.   The Commission may make any recommendations to Member States concerning laws or regulations which are designed to ensure compliance in their territories with the obligations arising under this Chapter.

4.   Member States shall ensure that sanctions are enforced and, where necessary, that the infringements are remedied by those committing them.


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