Article IX: Use of facilities, assistance to Member States, and supply of products
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1.
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Provided
that their use for its own activities and programmes is not thereby
prejudiced, the Agency shall make its facilities available, at the cost of
the State concerned, to any Member State that asks to use them for its own
programmes. The Council shall determine, by a two-thirds majority of all
Member States, the practical arrangements under which the facilities will be
made available.
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2.
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If, outside
the activities and programmes referred to in Article V but within the purpose
of the Agency, one or more Member States wish to engage in a project, the
Council may decide by a two-thirds majority of all Member States to make
available the assistance of the Agency. The resulting cost to the Agency
shall be met by the Member State or States concerned.
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3.
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(a)
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Products
developed under a programme of the Agency shall be supplied to any Member
State that has taken part in the funding of the programme in question and
asks for such products to be supplied for its own purposes. The Council shall
determine by a two-thirds majority of all Member States the practical
arrangements under which such products will be supplied and in particular the
measures to be taken by the Agency in regard to its contractors to enable the
requesting Member State to obtain those products.
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(b)
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This Member
State may ask the Agency to state whether it considers that the prices
proposed by the contractors are fair and reasonable and whether, under
similar circumstances, it would consider them acceptable for the purposes of
its own requirements.
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(c)
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The fulfilment
of the requests referred to in this paragraph shall not involve the Agency in
any additional costs, and all costs resulting from such requests shall be
borne by the requesting Member State.
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