CHAPTER 5

JOINT UNDERTAKINGS

Article 45

Undertakings which are of fundamental importance to the development of the nuclear  industry in the Community may be established as Joint Undertakings within the  meaning of this Treaty, in accordance with the following Articles.

Article 46

1. Every project for establishing a Joint Undertaking, whether originating from the  Commission, a Member State or any other quarter, shall be the subject of an inquiry  by the Commission.

For this purpose, the Commission shall obtain the views of Member States and of  any public or private body which in its opinion can usefully advise it.

2. The Commission shall forward to the Council any project for establishing a Joint  Undertaking, together with its reasoned opinion.

If the Commission delivers a favourable opinion on the need for the proposed Joint  Undertaking, it shall submit proposals to the Council concerning:
a. location;
b. statutes;
c. the scale and timetable for financing;
d. possible participation by the Community in the financing of the Joint Undertaking;
e. possible participation by a third State, an international organization or a  national of a third State in the financing or management of the Joint Undertaking;
f. the conferring of any or all of the advantages listed in Annex III to this Treaty.

The Commission shall attach a detailed report on the project as a whole.

Article 47

The Council may, when the matter has been submitted to it by the Commission,  request the latter to supply such further information or to undertake such further  inquiries as the Council may consider necessary.

If the Council, acting by a qualified majority, considers that a project forwarded by  the Commission with an unfavourable opinion should nevertheless be carried out, the  Commission shall submit to the Council the proposals and the detailed report  referred to in Article 46.

Where the opinion of the Commission is favourable or in the case referred to in the  preceding paragraph, the Council shall act by a qualified majority on each of the  proposals from the Commission.

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