# C_2010016EN.01001701.xml

| 22.1.2010 | EN | Official Journal of the European Union | C 16/17 |
| --- | --- | --- | --- |

22.1.2010

EN

Official Journal of the European Union

C 16/17

---

Summary of Commission Decision

of 3 August 2009

repealing Commission Decision C(2006) 412 of 15 February 2006

(notified under document C(2009) 6055 final)

(Only the English text is authentic)

(Text with EEA relevance)

2010/C 16/08

On 15 February 2006, the Commission adopted a decision relating to a sanction imposed on Sellafield Limited (then called British Nuclear Group Sellafield Limited) pursuant to Article 83(1)(a) of the Euratom Treaty (‘the 2006 Decision’). The Commission herewith publishes the main content of the decision of 3 August 2009, without prejudice to the full effect of the decision itself.

On 15 February 2006, the Commission adopted a decision relating to a sanction imposed on Sellafield Limited (then called British Nuclear Group Sellafield Limited) pursuant to Article 83(1)(a) of the Euratom Treaty (‘the 2006 Decision’). The Commission herewith publishes the main content of the decision of 3 August 2009, without prejudice to the full effect of the decision itself

| (1) | In accordance with Chapter VII of the Euratom Treaty, the Commission controls the accounting of nuclear materials in the Community. The 2006 Decision was limited to issues of the adequacy of the accounting and reporting procedures in place at the Sellafield site. |
| --- | --- |

(1)

In accordance with Chapter VII of the Euratom Treaty, the Commission controls the accounting of nuclear materials in the Community. The 2006 Decision was limited to issues of the adequacy of the accounting and reporting procedures in place at the Sellafield site.

| (2) | The sanction, a warning, was imposed with the understanding that Sellafield Limited demonstrate within a specified period, following the publication of the 2006 Decision, that it had implemented adequate and robust remedies against the failures and the sources of infringements identified and that it had put in place appropriate measures to continuously improve the quality and the performance of its system of accounting for and control of nuclear materials. |
| --- | --- |

(2)

The sanction, a warning, was imposed with the understanding that Sellafield Limited demonstrate within a specified period, following the publication of the 2006 Decision, that it had implemented adequate and robust remedies against the failures and the sources of infringements identified and that it had put in place appropriate measures to continuously improve the quality and the performance of its system of accounting for and control of nuclear materials.

| (3) | The warning was imposed with the understanding that Sellafield Limited demonstrates within a further specified period that the implemented remedies had achieved the envisaged effects. |
| --- | --- |

(3)

The warning was imposed with the understanding that Sellafield Limited demonstrates within a further specified period that the implemented remedies had achieved the envisaged effects.

| (4) | At the end of a specified period, starting on the date of publication of the 2006 Decision, Sellafield Limited was asked to provide the Commission with a report including detail of the remedies implemented. |
| --- | --- |

(4)

At the end of a specified period, starting on the date of publication of the 2006 Decision, Sellafield Limited was asked to provide the Commission with a report including detail of the remedies implemented.

| (5) | At the end of a further specified period Sellafield Limited was asked to provide the Commission with a report including detail of specific outcomes achieved by the remedies implemented. |
| --- | --- |

(5)

At the end of a further specified period Sellafield Limited was asked to provide the Commission with a report including detail of specific outcomes achieved by the remedies implemented.

| (6) | On 27 April 2006, Sellafield Limited lodged an application with the Court of First Instance of the European Communities (CFI) requesting the annulment of the Commission Decision of 15 February 2006. Pursuant to Article 83(2), second subparagraph of the Euratom Treaty, the legal effects of the Commission Decision of 15 February 2006 were accordingly suspended upon the lodging of the application with the CFI. |
| --- | --- |

(6)

On 27 April 2006, Sellafield Limited lodged an application with the Court of First Instance of the European Communities (CFI) requesting the annulment of the Commission Decision of 15 February 2006. Pursuant to Article 83(2), second subparagraph of the Euratom Treaty, the legal effects of the Commission Decision of 15 February 2006 were accordingly suspended upon the lodging of the application with the CFI.

| (7) | The Commission services and Sellafield Limited agreed to stay the proceedings before the CFI in order to explore an agreed solution to the Commission’s concerns as an alternative to litigation. |
| --- | --- |

(7)

The Commission services and Sellafield Limited agreed to stay the proceedings before the CFI in order to explore an agreed solution to the Commission’s concerns as an alternative to litigation.

| (8) | Sellafield Limited and the Commission services held regular meetings in order to establish the required improvements of nuclear safeguards procedures on the Sellafield site and agreed a Target Achievements programme, highlighting tangible improvements to be implemented by Sellafield Limited in relation to nuclear safeguards requirements on the Sellafield site. |
| --- | --- |

(8)

Sellafield Limited and the Commission services held regular meetings in order to establish the required improvements of nuclear safeguards procedures on the Sellafield site and agreed a Target Achievements programme, highlighting tangible improvements to be implemented by Sellafield Limited in relation to nuclear safeguards requirements on the Sellafield site.

| (9) | Sellafield Limited also submitted an amended version of a document known as the ‘Sellafield Safeguards Improvement Programme’ (SSIP). The SSIP is the existing programme established on the Sellafield site that also serves as a vehicle, inter alia, for the execution and the technical follow up of the activities defined in the Target Achievements programme. |
| --- | --- |

(9)

Sellafield Limited also submitted an amended version of a document known as the ‘Sellafield Safeguards Improvement Programme’ (SSIP). The SSIP is the existing programme established on the Sellafield site that also serves as a vehicle, inter alia, for the execution and the technical follow up of the activities defined in the Target Achievements programme.

| (10) | Meetings have taken place on a regular basis between the Commission services and Sellafield Limited to review progress in relation to the Target Achievements programme and the SSIP respectively. |
| --- | --- |

(10)

Meetings have taken place on a regular basis between the Commission services and Sellafield Limited to review progress in relation to the Target Achievements programme and the SSIP respectively.

| (11) | The analysis and on-site verification by the Commission services of the final management report on the completion of the Target Achievements programme have shown that the necessary steps have been taken by Sellafield Limited to redress the concerns which led the Commission to take the 2006 Decision. |
| --- | --- |

(11)

The analysis and on-site verification by the Commission services of the final management report on the completion of the Target Achievements programme have shown that the necessary steps have been taken by Sellafield Limited to redress the concerns which led the Commission to take the 2006 Decision.

| (12) | Consequently, the Commission considered it appropriate in the given circumstances to repeal the 2006 Decision containing the warning to Sellafield Limited. It also took note that Sellafield Limited would continue to implement the SSIP. The Commission also intended to follow-up the implementation of the targets also after the adoption of this Decision, through the routine activities foreseen in Chapter 7 of the Euratom Treaty. |
| --- | --- |

(12)

Consequently, the Commission considered it appropriate in the given circumstances to repeal the 2006 Decision containing the warning to Sellafield Limited. It also took note that Sellafield Limited would continue to implement the SSIP. The Commission also intended to follow-up the implementation of the targets also after the adoption of this Decision, through the routine activities foreseen in Chapter 7 of the Euratom Treaty.

| (13) | Commission Decision C(2006) 412 of 15 February 2006 was repealed and the repealing decision was communicated to the addressee, Sellafield Limited, and to the United Kingdom. |
| --- | --- |

(13)

Commission Decision C(2006) 412 of 15 February 2006 was repealed and the repealing decision was communicated to the addressee, Sellafield Limited, and to the United Kingdom.

---