COMMISSION REGULATION (EURATOM) No 3227/76 of 19 October 1976 concerning the application of the provisions on Euratom safeguards
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 77, 78, 79 and 81 thereof,
Having regard to the approval of the Council,
Whereas Commission of the European Atomic Energy Community Regulation No 7 established the implementing procedures for the declarations required by Article 78 of the Treaty (1),
Whereas Commission of the European Atomic Energy Community Regulation No 8 (2) defined the nature and the extent of the requirements referred to in Article 79 of the Treaty;
Whereas, in view of the increasing quantities of nuclear materials produced, used and carried in the Community and the development of trade in these materials, it is essential, in order to ensure the effectiveness of safeguards, that the nature and the extent of the requirements referred to in Article 79 of the Treaty and laid out in Regulation No 8 referred to above, be defined and brought up to date in the light of experience particularly with regard to the transportation of, or commerce in these materials;
Whereas, moreover, the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the European Atomic Energy Community (Euratom) concluded on 5 April 1973 an Agreement (hereinafter called "the Agreement") with the International Atomic Energy Agency in implementation of Article III (1) and (4) of the Treaty on the non-proliferation of nuclear weapons;
Whereas the Agreement contains a particular undertaking entered into by the Community concerning the application of safeguards on source and special fissile materials on the territories of the Community Member States which have no nuclear weapons of their own and which are parties to the Treaty on the non-proliferation of nuclear weapons and, in conjunction with the Community, to the Agreement signed on 5 April 1973 with the International Atomic Energy Agency (hereinafter called "the Member States party to the Agreement");
Whereas the implementation of this undertaking requires the establishment of particular procedures for the application of safeguards on the territories of the Member States party to the Agreement in order to amplify the provisions of the aforementioned Regulations No 7 and No 8;
Whereas, moreover, the procedures foreseen by this Agreement are in conformity with those devised in the course of a very wide-ranging international negotiation conducted, in view of the provisions of paragraphs 1 and 4 of Article III of the Treaty on the non-proliferation of nuclear weapons, with the International Atomic Energy Agency, the result of which has been approved by the Board of Governors of that organization, and that these procedures are based on the most modern developments in the field of safeguards; (1)OJ No 15, 12.3.1959, p. 298/59, and communication on the numbering of EAEC Regulations (OJ No 34, 29.5.1959, p. 649/59). (2)OJ No 34, 29.5.1959, p. 651/59.
Whereas, accordingly, it is opportune to define new procedures for the application of the provisions of Chapter VII of the Treaty;
Whereas the Community, the United Kingdom and the International Atomic Energy Agency have signed on 6 September 1976 an Agreement comprising a particular commitment which concerns the application of safeguards to source and special fissile materials on the territory of the United Kingdom;
Whereas it is appropriate to arrange for particular provisions relative to the accounting system and the presentation of records concerning ores;
Whereas, on the territories of the Member States not party to the Agreement, some installations or parts thereof as well as certain materials are liable to be involved in the production cycle for defence needs, therefore it is appropriate to specify particular safeguard procedures to take account of these circumstances;
Whereas, for clarity's sake, and particularly to make the respect of safeguard Regulations easier for those concerned, it is appropriate to codify these Regulations in a single text,
HAS ADOPTED THIS REGULATION:
PART I BASIC TECHNICAL CHARACTERISTICS AND PARTICULAR SAFEGUARD PROVISIONS
DECLARATION OF THE TECHNICAL CHARACTERISTICS
Article 1
Any person or undertaking setting up or operating an installation for the production, separation or other use of source materials or special fissile materials or for the processing of irradiated nuclear fuels shall declare to the Commission the basic technical characteristics of the installation, on the basis of the relevant questionnaire given in Annex I hereto.
Any person or undertaking responsible for the storage of source materials or special fissile materials shall be subject to the provisions of the first paragraph.
Article 2
Where the basic technical characteristics of an installation have already been communicated to the Commission, the declarations specified in the said Article 1 may be made by reference to such earlier communication, provided that any additional information required by the questionnaire referred to in Article 1 is supplied within 30 days from the date on which this Regulation comes into force.
The basic technical characteristics of new installations shall be declared as laid down in Article 1 at least 45 days before the first consignment of nuclear material is due to be received.
Article 3
The "particular safeguard provisions" referred to in Article 7 shall specify those important changes in the basic technical characteristics for which advance notification is required.
Any other changes in the basic technical characteristics shall be communicated to the Commission, together with the first inventory change report made after the modification is complete.
Article 4
On receipt of a reasoned request, the Commission may allow additional time for the completion of the declarations required in the preceding Articles.
Article 5
The provisions of Article 1 shall not apply to persons or undertakings holding only nuclear materials exempted from the declaration requirements as provided for by Article 22.
PROGRAMME OF ACTIVITIES
Article 6
The persons or undertakings referred to in Article 1 shall also communicate to the Commission, for the planning of its safeguard activities, the following information: (a) annually, an outline programme of activities drawn up in accordance with the "particular safeguard provisions" referred to in Article 7, the first communication being made on the basis of the guidelines given in Annex X, at the same time as that of the basic technical characteristics referred to in Article 1;
(b) at least 40 days before beginning the taking of a physical inventory, the programme for such work;
(c) at least 40 days before starting to shut down a batch-loaded reactor for reloading, the programme in respect of such shutting down unless otherwise provided in the "particular safeguard provisions" referred to in Article 7.
Any change affecting programmes for the taking of physical inventories or for the shutting down of reactors to reload shall be communicated to the Commission without delay.
PARTICULAR SAFEGUARD PROVISIONS
Article 7
Acting on the declarations of basic technical characteristics and on the information communicated in pursuance of Article 6, the Commission shall specify in the "particular safeguard provisions" the procedures by which the persons or undertakings concerned shall meet the requirements in relation to safeguards imposed on them. Among others these procedures shall include: (a) the designation of the material balance areas and the selection of those strategic points which are key measurement points for determining the flow and stocks of nuclear materials;
(b) the procedures for keeping records of nuclear materials for each material balance area and for drawing up reports;
(c) the frequency of and procedures for drawing up physical inventories for accounting purposes as part of safeguard measures;
(d) containment and surveillance measures, in accordance with the modalities agreed upon with the plant operators;
(e) sample-taking by the plant operator solely for safeguard purposes.
The "particular safeguard provisions" shall also lay down the content of subsequent communications required under Article 6 of this Regulation as well as the conditions requiring advance notification of shipments and receipts of nuclear material.
The Commission will reimburse the person or undertaking concerned the cost of those special services which are provided for in the "particular safeguard provisions", or which are provided because of a special request of the Commission or of the inspectors and on the basis of an agreed estimate. The extent and modality of the reimbursement will be fixed between the parties concerned and will be reviewed periodically as necessary.
Article 8
The "particular safeguard provisions" referred to in Article 7 shall be drawn up by means of an individual decision of the Commission after consultation with the person or undertaking concerned and the appropriate Member State.
The person or undertaking affected by any individual decision of the Commission will be notified thereof, and a copy of such notification will be transmitted to the Member State concerned.
PART II ACCOUNTING SYSTEM
Article 9
The persons and undertakings referred to in Article 1 shall maintain a system of accounting for and control of nuclear materials. This system shall include accounting and operating records and, in particular, information on the quantities, nature, form and composition of these materials in accordance with the requirements of Article 21, their actual location, the particular safeguarding obligation, and the way in which the persons or undertakings concerned have stated that they intend to use such materials, in accordance with their own decisions, as well as the shipper or recipient when materials are transferred.
The system of measurements on which the records are based shall comply with the most recent international standards or shall be equivalent in quality to those standards. On the basis of these records it must be possible to establish and justify the communications addressed to the Commission in the form and at the intervals laid down in Articles 12 to 21. Records shall be retained for a period of at least five years.
ACCOUNTING RECORDS
Article 10
The accounting records shall show in respect of each material balance area: (a) all inventory changes, so as to permit a determination of the book inventory at any time;
(b) all measurement and counting results that are used for determination of the physical inventory;
(c) all corrections that have been made in respect of inventory changes, book inventories and physical inventories.
For all inventory changes and physical inventories the accounting records shall show, in respect of each batch of nuclear material, material identification, batch data and source data. These records shall account separately for uranium, thorium and plutonium in each batch of nuclear material. Moreover for each inventory change, the date of the inventory change and, when appropriate, the dispatching material balance area and the receiving material balance area or the recipient, shall be indicated.
OPERATING RECORDS
Article 11
The operating records shall include, if appropriate, for each material balance area: (a) those operating data which are used to establish changes in the quantities and composition of the nuclear material;
(b) the data obtained from the calibration of tanks and instruments and from sampling and analysis, the procedures to control the quality of measurements and the derived estimates of random and systematic error;
(c) a description of the sequence of actions taken in preparing for, and in taking, a physical inventory in order to ensure that it is correct and complete;
(d) a description of the actions taken in order to ascertain the cause and magnitude of any accidental or unmeasured loss that might have occurred.
ACCOUNTING AND SPECIAL REPORTS
Article 12
The persons and undertakings referred to in Article 1 shall provide the Commission with accounting reports and, when appropriate, with special reports.
The accounting reports shall set forth the information available on the date of reporting and must be corrected at a later date if necessary.
On a reasoned request by the Commission, further details or explanations in connection with these reports shall be supplied normally within three weeks of that request.
Initial inventory
Article 13
The persons and undertakings referred to in Article 1 shall transmit to the Commission an initial book inventory of all nuclear materials which for any reason they have in their possession within 15 days of the last day of the month in which this Regulation comes into force. This inventory shall describe the situation on the last day of that month. The form set out in Annex IV to this Regulation shall be used for this purpose.
Inventory change report
Article 14
For each material balance area, the persons and undertakings referred to in Article 1 shall transmit to the Commission inventory change reports in respect of all nuclear materials in accordance with the specimen set out in Annex II. The reports shall identify the materials and give batch data for each batch thereof, the date of the inventory change and, when appropriate, the dispatching material balance area and the receiving material balance area or the recipient.
The reports concerning transfers shall also indicate for receipts the intended use, pursuant to Article 9, and for dispatches the use made of the nuclear materials in the reporting installation. Unless otherwise defined in the "particular safeguard provisions" referred to in Article 7, no declaration of use is mandatory for transfers between different material balance areas of the same installation.
These reports showing inventory changes, book inventories and corrections shall be sent as soon as possible and, in any case, within 15 days after the end of the month in which the inventory changes occur or are known, either periodically in a consolidated list or individually. For months in which no inventory changes occur, the persons or undertakings concerned may simply send in the form intended for the inventory change report carrying the indication that the situation remained unchanged. Small inventory changes, such as transfers of samples for purposes of analysis, may be grouped, as laid down in the "particular safeguard provisions" referred to in Article 7 for the installation concerned, in order that they may be reported as a single inventory change.
Article 15
The reports referred to in Article 14 shall be accompanied by concise notes: (a) explaining the inventory changes on the basis of the operating data contained in the operating records provided for in Article 11 (a) of this Regulation;
(b) describing as specified in the "particular safeguard provisions" referred to in Article 7, the planned operational programme for the installation concerned and, in particular, the taking of a physical inventory.
If the required information is contained in documents which already exist, copies of such documents may take the place of the concise notes.
Material balance report and physical inventory listing
Article 16
For each material balance area, the persons and undertakings referred to in Article 1 shall transmit to the Commission, in accordance with the specimen set out in Annex III to this Regulation, material balance reports showing: (a) beginning physical inventory;
(b) inventory changes (first increases, then decreases);
(c) ending book inventory;
(d) ending physical inventory;
(e) material unaccounted for.
A physical inventory, in accordance with the specimen set out in Annex IV, listing all batches separately giving, inter alia, identification of the materials and giving batch data for each batch thereof and the use, pursuant to Article 9, which the persons or undertakings concerned intend to make of the materials, shall be attached to each material balance report.
These reports shall be transmitted as soon as possible and in any case within 30 days from the date on which a physical inventory was taken, unless otherwise specified in the "particular safeguard provisions" referred to in Article 7.
Special reports
Article 17
The persons and undertakings referred to in Article 1 shall transmit to the Commission a special report whenever the circumstances mentioned in Articles 18 and 27 arise.
The type of information to be dealt with in such reports shall be specified in the "particular safeguard provisions" referred to in Article 7.
The special reports and further details or explanations which may be requested by the Commission in connection with these reports shall be supplied without delay.
Article 18
A special report must be made without delay: (a) if, as a result of any unusual incident or circumstances, it is believed that there has been or might be a loss of nuclear material in excess of the limits specified for these purposes in the "particular safeguard provisions" referred to in Article 7 ; or
(b) if the containment has unexpectedly changed from that specified in the "particular safeguard provisions" referred to in Article 7, to a point where an unauthorized removal of nuclear material has become possible.
The abovementioned obligations shall devolve upon the persons and undertakings concerned as soon as they have become aware of any such loss or sudden change in the containment conditions, or of anything which leads them to believe that there has been such an occurrence. The causes shall also be stated as soon as they are known.
Detailed rules of application
Article 19
In respect of reactors, the obligations laid down in Articles 10 to 16 shall apply under the following conditions.
As far as nuclear transformations are concerned, calculated data will be reported in the inventory change report at the latest when irradiated fuel is transferred from the reactor material balance area. In addition, where appropriate, other procedures for recording and reporting nuclear transformations shall be specified in the "particular safeguard provisions" referred to in Article 7.
Article 20
Nuclear materials subject to particular safeguard obligations entered into by the Community in an Agreement concluded with a non-Member State or an international organization shall, unless otherwise stipulated by such Agreement, be identified separately for each obligation in the following notifications: (a) initial book inventory (Article 13);
(b) inventory change reports, but excluding book inventories (Article 14);
(c) physical inventory listings (Article 16) ; and
(d) intended imports and exports (Articles 24 and 25).
Unless specifically prohibited in the Agreement referred to above, such separation shall not preclude the physical mixing of materials.
This Article shall not apply to the Agreement or to any other Agreement concluded by the Community and a Member State with the International Atomic Energy Agency.
Article 21
(a) In any notification referred to in this Regulation, quantities of source materials shall be expressed in kilogrammes and quantities of special fissile materials in grammes.
(b) The corresponding material accounting records shall be kept in the units referred to in (a) of this Article or in smaller units. They shall be kept in such a manner as to render them trustworthy and, in particular, to comply with current practices in the Member States.
(c) In the notifications provided for above, quantities may be rounded down to the nearest unit when the first decimal is 0 to 4 and rounded up when the first decimal is 5 to 9.
(d) Unless otherwise provided for in the "particular safeguard provisions" referred to in Article 7: (i) notifications shall indicate the total weight of the elements contained : uranium, thorium or plutonium and also, for enriched uranium, the total weight of the fissile isotopes. The isotopic composition of plutonium, if recorded at the installation for operational needs, shall be made available to the Commission on request;
(ii) separate line entries in inventory change reports and in physical inventory listings and separate material balance reports must be used for the following categories of nuclear material: - depleted uranium,
- natural uranium,
- uranium enriched up to 20 %,
- uranium enriched above 20 %,
- plutonium,
- thorium.
DEROGATIONS AND EXEMPTIONS
Article 22
(a) In order to take account of any particular circumstances in which safeguarded materials are used or produced, the Commission may, in the "particular safeguard provisions" referred to in Article 7, grant producers and users of nuclear materials a derogation from the rules governing the form and frequency of notification provided for in this Regulation.
The Commission may so decide especially in the case of installations holding only small quantities which are kept in the same state for long periods.
(b) At the request of the persons or undertakings concerned in accordance with the form set out in Annex VIII, the Commission may exempt the following materials from declaration, provided that they are not processed or stored together with non-exempted nuclear materials: - special fissile materials which are used in quantities of the order of a gramme or less as sensing components in instruments,
- plutonium with an isotopic concentration of plutonium-238 in excess of 80 %,
- nuclear materials which are used exclusively in non-nuclear activities.
If the conditions for exemption cease to be fulfilled, the exemption shall be rescinded. The person or undertaking concerned shall inform the Commission in accordance with the form set out in Annex IX that the conditions for exemption no longer exist.
Article 23
This Regulation shall not apply to holders of finished products used for non-nuclear purposes which incorporate nuclear materials that are virtually irrecoverable.
PART III TRANSFERS : IMPORTS/EXPORTS
Article 24
(a) The persons and undertakings referred to in Article 1 which export source or special fissile materials to a non-Member State shall give advance notification to the Commission of every such export. Similarly, advance notification shall be given to the Commission: - in the case of any export from a Member State party to the Agreement to a Member State not party to the Agreement, and
- in the case of any export from the United Kingdom to a Member State party to the Agreement.
However, advance notification is required only: (i) where the consignment exceeds one effective kilogramme;
(ii) where the "particular safeguard provisions" referred to in Article 7 so specify, in the case of installations habitually transferring large total quantities of materials to the same State, even though no single consignment exceeds one effective kilogramme.
(b) Such notification shall be given after the conclusion of the contractual arrangements leading to the transfer and in any case in time to reach the Commission eight working days before the material is to be prepared for shipment.
(c) Such notification shall be given in accordance with the form set out in Annex V to this Regulation and shall state, inter alia, - the identification and, if possible, the expected quantity and composition of the material to be transferred, and the material balance area from which it will come,
- the State to which the nuclear material is to be sent,
- the dates on and locations at which the nuclear material will be prepared for shipment,
- the approximate dates of dispatch and arrival of the nuclear material,
- the use which the persons or undertakings concerned had made of the nuclear material.
(d) If so required for reasons of physical protection, special arrangements concerning the form and transmission of such notification may be agreed upon with the Commission.
Article 25
(a) The persons and undertakings referred to in Article 1 which import source or special fissile materials from a non-member State shall give advance notification to the Commission of every such import. Similarly, advance notification shall be given to the Commission: - in the case of any import into a Member State party to the Agreement from a Member State not party to the Agreement, and
- in the case of any import into the United Kingdom from a Member State party to the Agreement.
However, advance notification is required only: (i) where the consignment exceeds one effective kilogramme;
(ii) where the "particular safeguard provisions" referred to in Article 7 so specify, in the case of installations to which large total quantities of materials are habitually transferred from the same State, even though no single consignment exceeds one effective kilogramme.
(b) Such notification shall be given as far in advance as possible of the expected arrival of the nuclear material and, in any case, on the date of receipt and in time to reach the Commission five working days before the material is unpacked.
(c) Such notification shall be given in accordance with the form set out in Annex VI and shall state, inter alia: - the identification and, if possible, the expected quantity and composition of the material,
- the expected date of arrival, the location where and the date on which the nuclear material is expected to be unpacked.
(d) If so required for reasons of physical protection, special arrangements concerning the form and transmission of such notification may be agreed upon with the Commission.
Article 26
When persons or undertakings not subject to Article 1 decide to export or import nuclear materials referred to in Articles 24 and 25, these persons or undertakings are required to make the notifications foreseen in Articles 24 and 25.
Article 27
A special report as provided for in Article 17 shall be prepared by the persons or undertakings covered by Articles 24 and 25 if, following exceptional circumstances or an incident, they have received information that nuclear materials have been or appear to be lost, particularly when there has been a considerable delay during transfer. In the same circumstances persons or undertakings covered by Article 26 are also required to inform the Commission.
Article 28
Any change of date in the preparation for shipment, in the shipment or in the unpacking of nuclear materials with respect to the dates given in the notifications provided for in Articles 24 and 25, but not a change that gives rise to special reports, shall be communicated without delay, with an indication of the revised dates, if known.
PART IV SPECIFIC PROVISIONS
ORE PRODUCERS
Article 29
Any person or undertaking extracting ores on the territory of a Member State shall keep accounting records thereof. These records must indicate, in particular, the tonnage and average uranium and thorium content of the ore extracted and of the stock at the mine, and proof of shipment, stating the date, consignee, and quantity. Such records shall be kept for at least five years.
Article 30
No later than the end of January each year, producers of ores shall inform the Commission, in accordance with the form set out in Annex VII, of the amount of material dispatched from each mine during the privious year.
Article 31
Any person or undertaking exporting ores to non-Member States shall inform the Commission thereof, in accordance with the form set out in Annex VII, on the actual date of dispatch.
CARRIERS
Article 32
Any person or undertaking engaged, within the territories of the Member States, in carrying or temporarily storing source or special fissile materials during shipment may accept them or hand them over only against a duly signed and dated receipt. This shall state the names of the parties handing over and receiving the materials and the quantities carried, together with the nature, form and composition of the materials.
If so required for reasons of physical protection, the specification of the materials transferred may be replaced by a suitable identification of the consignment. Such identification shall be traceable to records held by the persons and undertakings referred to in Article 1 and showing the specification mentioned.
Such documents shall be kept by the contracting parties for at least one year.
Article 33
Documents and papers already held and compiled by persons or undertakings in accordance with existing regulations which apply to them on the territory of the Member States in which they operate may take the place of the documents and receipts provided for in Article 32, provided that such documents and papers contain all the required information.
INTERMEDIARIES
Article 34
Every intermediary whatsoever, in particular authorized agents, brokers, Commission or business agents, taking part in the conclusion of any contract for the supply of nuclear materials shall keep all documents relating to the transactions performed by him or on his behalf for at least one year after the expiry of the contract. Such documents shall mention the names of the contracting parties, the date of the contract, the quantity, nature, form and composition together with the origin and destination of the materials.
PART V SPECIFIC PROVISIONS APPLICABLE IN THE TERRITORIES OF MEMBER STATES WHICH ARE NUCLEAR WEAPON STATES
Article 35
1. The provisions of this Regulation shall not apply: (a) to installations or parts of installations which have been assigned to meet defence requirements and which are situated on the territory of a Member State not party to the Agreement ; or
(b) to nuclear materials which have been assigned to meet defence requirements by that Member State.
2. For nuclear materials, installations or parts of installations which are liable to be assigned to meet defence requirements and which are situated on the territory of a Member State not party to the Agreement, the extent of the application of this Regulation and the procedures under it shall be defined by the Commission in consultation and in agreement with the Member State concerned, taking into account the provisions of the second paragraph of Article 84 of the Treaty.
3. It is understood in any event that: (a) the provisions of Articles 1 to 4, 7 and 8 shall apply to installations or parts of installations which at certain times are operated exclusively with nuclear materials liable to be assigned to meet defence requirements but at other times are operated exclusively with civil nuclear materials;
(b) the provisions of Articles 1 to 4, 7 and 8 shall apply, with exceptions for reasons of national security, to installations or parts of installations to which access could be restricted for such reasons but which produce, treat, separate, reprocess or use in any other way simultaneously both civil nuclear materials and nuclear materials assigned or liable to be assigned to meet defence requirements;
(c) the provisions of Articles 6, and 9 to 37 shall apply in relation to all civil nuclear materials situated in installations or parts of installations as referred to in subparagraphs (a) and (b) above.
PART VI FINAL PROVISIONS
DEFINITIONS
Article 36
For the purposes of this Regulation: (a) "The Agreement" means the Agreement concluded on 5 April 1973 between the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the European Atomic Energy Community (Euratom) with the International Atomic Energy Agency, in implementation of paragraphs 1 and 4 of Article III of the Treaty on the non-proliferation of nuclear weapons.
(b) "Member State party to the Agreement" means the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, Ireland, the Italian Republic, the Grand Duchy of Luxembourg or the Kingdom of the Netherlands.
(c) "Member State not party to the Agreement" means France or the United Kingdom.
(d) "Non-Member State" means any State which is not a member of the European Atomic Energy Community.
(e) "Special fissile materials" means plutonium-239 ; uranium-233 ; uranium enriched in uranium-235 or uranium-233, and any substance containing one or more of the foregoing isotopes and such other fissile materials as may be specified by the Council, acting by a qualified majority on a proposal from the Commission ; the expression "special fissile materials" does not, however, include source materials nor ores or ore waste.
(f) "Uranium enriched in uranium-235 or uranium-233" means uranium containing uranium-235 or uranium-233 or both in an amount such that the abundance ratio of the sum of these isotopes to isotope 238 is greater than the ratio of isotope 235 to isotope 238 occurring in nature. "Enrichment" means the ratio of the combined weight of uranium-233 and uranium-235 to the total weight of the uranium under consideration.
(g) "Source materials" means uranium containing the mixture of isotopes occurring in nature ; uranium whose content in uranium-235 is less than the normal ; thorium ; any of the foregoing in the form of metal, alloy ; chemical compound or concentrate ; any other substance containing one or more of the foregoing in such a concentration as shall be specified by the Council, acting by a qualified majority on a proposal from the Commission, and any other material which the Council may determine, acting by a qualified majority on a proposal from the Commission. The words "source materials" shall not be taken to include ores or ore waste.
(h) "Ores" means any ore containing, in such average concentration as shall be specified by the Council acting by a qualified majority on a proposal from the Commission, substances from which the source materials defined above may be obtained by the appropriate chemical and physical processing.
(i) "Nuclear materials" means any ore, source and special fissile material as defined in paragraphs (e), (f), (g) and (h) above. (j) "Nature" of a material means natural uranium, depleted uranium, uranium enriched in uranium-235 or uranium-233, thorium or plutonium, depending on the case.
(k) "Batch" means a portion of nuclear material handled as a unit for accounting purposes at a key measurement point and for which the composition and quantity are defined by a single set of specifications or measurements. The nuclear material may be in bulk form or contained in a number of identifiable items.
(l) "Batch data" means the total weight of each element of nuclear material and, in the case of plutonium and uranium, the isotopic composition when appropriate. For reporting purposes the weights of individual items in the batch shall be added together before rounding to the nearest unit.
(m) "Book inventory" of a material balance area means the algebraic sum of the most recent physical inventory of that material balance area and of all inventory changes that have occurred since that physical inventory was taken.
(n) "Correction" means an entry in an accounting record or a report to rectify an identified mistake or to reflect an improved measurement of a quantity previously entered into the record or report. Each correction must identify the entry to which it pertains.
(o) "Effective kilogramme" means a special unit used in safeguarding nuclear material. The quantity in effective kilogrammes is obtained by taking: (i) for plutonium, its weight in kilogrammes;
(ii) for uranium with an enrichment of 0.01 (1 %) and above, its weight in kilogrammes multiplied by the square of its enrichment;
(iii) for uranium with an enrichment below 0.01 (1 %) and above 0.005 (0.5 %), its weight in kilogrammes multiplied by 0.0001 ; and
(iv) for depleted uranium with an enrichment of 0.005 (0.5 %) or below, and for thorium, its weight in kilogrammes multiplied by 0.00005.
(p) "Inventory change" means an increase or decrease, in terms of batches, of nuclear material in a material balance area.
(q) "Key measurement point" means location where nuclear material appears in such a form that it may be measured to determine material flow or
inventory. Key measurement points thus include, but are not limited to, inputs and outputs (including measured discards) and storages in material balance areas.
(r) "Material balance area" means an area such that: (i) the quantity of nuclear material in each transfer into or out of each material balance area can be determined ; and
(ii) the physical inventory of nuclear material in each material balance area can be determined when necessary in accordance with specified procedures,
in order that the material balance may be established.
(s) "Material unaccounted for" means the difference between physical inventory and book inventory.
(t) "Physical inventory" means the sum of all the measured or derived estimates of batch quantities of nuclear material on hand at a given time within a material balance area, obtained in accordance with specified procedures.
(u) "Shipper/receiver difference" means the difference between the quantity of nuclear material in a batch as stated by the shipping material balance area and as measured at the receiving material balance area.
(v) "Source data" means those data, recorded during measurement or calibration or used to derive empirical relationships, which identify nuclear material and provide batch data. Source data may include, for example, weight of compounds, conversion factors to determine weight of element, specific gravity, element concentration, isotopic ratios, relationship between volume and manometer readings and relationship between plutonium produced and power generated.
(w) "Strategic point" means a location selected during examination of design information where, under normal conditions and when combined with the information from all "strategic points" taken together, the information necessary and sufficient for the implementation of safeguard measures under the Agreement is obtained and verified ; a "strategic point" may include any location where key measurements related to material accountancy are made and where containment and surveillance measures are executed.
INSTALLATIONS CONTROLLED FROM OUTSIDE THE COMMUNITY
Article 37
Where an installation is controlled by a person or undertaking established outside the Community, any obligations imposed by this Regulation shall devolve upon the local management of the installation.
ANNEXES
Article 38
The Annexes to this Regulation form an integral part thereof. The Commission may make minor technical adjustments thereto.
ENTRY INTO FORCE
Article 39
This Regulation shall enter into force 15 days after its publication in the Official Journal of the European Communities.
Without prejudice to Article 40, Commission of the European Atomic Energy Community Regulations No 7 and No 8 are hereby repealed.
Article 40
Articles 9 to 16, 19 and 21 of this Regulation shall apply as from the adoption of the "particular safeguard provisions" referred to in Article 7.
Until the adoption of those provisions, Articles 2, 5, 7, 8 and 10 of the abovementioned Regulation No 8 shall continue to apply.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 October 1976.