COMMISSION REGULATION (Euratom) No 302/2005
of 8 February 2005
on the application of Euratom safeguards
TABLE OF CONTENTS
Commission Regulation (Euratom) No 302/2005 on the application of Euratom safeguards
Chapter I
Scope and definitions
Chapter II
Basic technical characteristics and particular safeguard provisions
Chapter III
Nuclear material accountancy
Chapter IV
Transfers between States
Chapter V
Specific provisions
Chapter VI
Specific provisions applicable in the territories of the nuclear-weapon member states
Chapter VII
Final provisions
ANNEX I
QUESTIONNAIRE FOR THE DECLARATION OF THE BASIC TECHNICAL CHARACTERISTICS OF THE INSTALLATIONS
I-A
REACTORS
I-B
CRITICAL AND ZERO ENERGY INSTALLATIONS
I-C
CONVERSION, FABRICATION AND REPROCESSING INSTALLATIONS
I-D
STORAGE INSTALLATIONS
I-E
ISOTOPE SEPARATION INSTALLATIONS
I-F
INSTALLATIONS USING NUCLEAR MATERIAL IN QUANTITIES EXCEEDING ONE EFFECTIVE KILOGRAM
I-G
INSTALLATIONS CANDIDATE MEMBERS OF THE CATCH ALL MBA (CAM)
I-H
WASTE TREATMENT OR WASTE STORAGE INSTALLATIONS
I-J
OTHER INSTALLATIONS
ANNEX II
GENERAL DESCRIPTION OF THE SITE
ANNEX III
INVENTORY CHANGE REPORT (ICR)
ANNEX IV
MATERIAL BALANCE REPORT (MBR)
ANNEX V
PHYSICAL INVENTORY LISTING (PIL)
ANNEX VI
ADVANCE NOTIFICATION OF EXPORTS/SHIPMENTS OF NUCLEAR MATERIAL
ANNEX VII
ADVANCE NOTIFICATION OF IMPORTS/RECEIPTS OF NUCLEAR MATERIAL
ANNEX VIII
REPORT OF ORE EXPORTS/SHIPMENTS
ANNEX IX
REQUEST FOR DEROGATION OF AN INSTALLATION FROM THE RULES GOVERNING THE FORM AND FREQUENCY OF NOTIFICATIONS
ANNEX X
ANNUAL REPORT OR EXPORT REPORT FOR DEROGATED NUCLEAR MATERIAL
ANNEX XI
OUTLINE PROGRAMME OF ACTIVITIES
ANNEX XII
ADVANCE NOTIFICATION OF FURTHER WASTE PROCESSING ACTIVITIES
ANNEX XIII
ANNUAL REPORTOF EXPORTS/SHIPMENTS OF CONDITIONED WASTE
ANNEX XIV
ANNUAL REPORTOF IMPORTS/RECEIPTS OF CONDITIONED WASTE
ANNEX XV
ANNUAL REPORT ON CHANGES OF LOCATION OF CONDITIONED WASTE
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:
(1)
Commission Regulation (Euratom) No 3227/76 of 19 October 1976 concerning the application of the provisions on Euratom safeguards (1) defines the nature and extent of the requirements referred to in Articles 78 and 79 of the Treaty.
(2)
In view of the increasing quantities of nuclear materials produced, used, carried and recycled in the Community, of the development of trade in these materials and of the successive enlargements of the European Union, it is essential to ensure the effectiveness of safeguards. The nature and the extent of the requirements referred to in Article 79 of the Treaty and set out in Regulation (Euratom) No 3227/76 should therefore be brought up to date in the light of developments, particularly in the fields of nuclear and information technology.
(3)
Belgium, Denmark, Germany, Greece, Spain, Ireland, Italy, Luxembourg, the Netherlands, Austria, Portugal, Finland, Sweden and the European Atomic Energy Community have concluded Agreement 78/164/Euratom (2) with the International Atomic Energy Agency in implementation of Article III(1) and (4) of the Treaty on the Non-Proliferation of Nuclear Weapons. Agreement 78/164/Euratom entered into force on 21 February 1977 and was supplemented by Additional Protocol 1999/188/Euratom (3), which entered into force on 30 April 2004.
(4)
Agreement 78/164/Euratom contains a particular undertaking entered into by the Community concerning the application of safeguards on source and special fissile materials in the territories of the Member States which have no nuclear weapons of their own and which are parties to the Treaty on the Non-Proliferation of Nuclear Weapons.
(5)
The procedures stipulated by Agreement 78/164/Euratom are the result of wide-ranging international negotiations with the International Atomic Energy Agency on the application of Article III(1) and (4) of the Treaty on the Non-Proliferation of Nuclear Weapons. These procedures were approved by the Board of Governors of that Agency.
(6)
The Community, the United Kingdom and the International Atomic Energy Agency are parties to an Agreement for the application of safeguards in the United Kingdom in connection with the Treaty on the Non-Proliferation of Nuclear Weapons (4). That Agreement entered into force on 14 August 1978, and was supplemented by an Additional Protocol which entered into force on 30 April 2004.
(7)
The Community, France and the International Atomic Energy Agency are parties to an Agreement for the application of safeguards in France (5). That Agreement entered into force on 12 September 1981, and was supplemented by an Additional Protocol which entered into force on 30 April 2004.
(8)
In the territories of France and the United Kingdom some installations or parts thereof as well as certain materials are liable to be involved in the production cycle for defence needs. Special safeguard procedures should therefore be applied to take account of these circumstances.
(9)
The European Council at its meeting in Lisbon on 23 and 24 March 2000 stressed the need to foster the development of state-of-the-art information technology and other telecom networks as well as the content for those networks.
(10)
In response to Additional Protocol 1999/188/Euratom, Member States should be required to communicate certain information to the Commission including a general description of sites, advance notification of the processing of waste and reports on changes of location of certain conditioned waste.
(11)
Guidelines adopted for the application of this Regulation should fully respect the Community commitments in this field, in particular those resulting from Additional Protocol 1999/188/Euratom and the Additional Protocols to the Agreement for the application of safeguards in the United Kingdom in connection with the Treaty on the Non-Proliferation of Nuclear Weapons and to the corresponding Agreement for France.
(12)
The provisions on security added to the Commission rules of procedure (6) by Commission Decision 2001/844/EC, ECSC, Euratom (7) should apply to information, knowledge and documents acquired by the parties without prejudice to Council Regulation No 3 of 31 July 1958 implementing Article 24 of the Treaty establishing the European Atomic Energy Community (8).
(13)
In the interests of clarity, Regulation (Euratom) No 3227/76 should be replaced by this Regulation,
HAS ADOPTED THIS REGULATION:
CHAPTER I
SCOPE AND DEFINITIONS
Article 1
Scope
This Regulation shall apply to any person or undertaking setting up or operating an installation for the production, separation, reprocessing, storage or other use of source material or special fissile material.
It shall not apply to holders of end products used for non-nuclear purposes which incorporate nuclear materials that are in practice irrecoverable.
Article 2
Definitions
For the purposes of this Regulation, the following definitions shall apply:
1.
‘non-nuclear-weapon Member States’ means Belgium, the Czech Republic, Denmark, Germany, Estonia, Greece, Spain, Ireland, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, the Netherlands, Austria, Poland, Portugal, Slovenia, Slovakia, Finland and Sweden;
2.
‘nuclear-weapon Member States’ means France and the United Kingdom;
3.
‘third country’ means any State which is not a member of the European Atomic Energy Community;
4.
‘nuclear materials’ means ores, source materials or special fissile materials as defined in Article 197 of the Treaty;
5.
‘waste’ means nuclear material in concentrations or chemical forms considered as irrecoverable for practical or economic reasons and which may be disposed of;
6.
‘retained waste’ means waste, generated from processing or from an operational accident, measured or estimated on the basis of measurements, which has been transferred to a specific location within the material balance area from which it can be retrieved;
7.
‘conditioned waste’ means waste, measured or estimated on the basis of measurements, which has been conditioned in such a way (for example, in glass, cement, concrete or bitumen) that it is not suitable for further nuclear use;
8.
‘discards to the environment’ means waste, measured or estimated on the basis of measurements, which has been irrevocably discarded to the environment as the result of a planned discharge;
9.
‘categories’ (of nuclear material) are natural uranium, depleted uranium, uranium enriched in uranium-235 or uranium-233, thorium, plutonium, and any other material which the Council may determine, acting by a qualified majority on a proposal from the Commission;
10.
‘item’ means an identifiable unit such as a fuel assembly or a fuel pin;
11.
‘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 items;
12.
‘batch data’ means the total weight of each category 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;
13.
‘effective kilogram’ is a special unit used in safeguarding nuclear material, obtained by taking:
(a)
for plutonium, its weight in kilograms;
(b)
for uranium with an enrichment of 0,01 (1 %) and above, its weight in kilograms multiplied by the square of its enrichment;
(c)
for uranium with an enrichment below 0,01 (1 %) and above 0,005 (0,5 %), its weight in kilograms multiplied by 0,0001;
and
(d)
for depleted uranium with an enrichment of 0,005 (0,5 %) or below, and for thorium, its weight in kilograms multiplied by 0,00005;
14.
‘material balance area’ means an area such that, for the purpose of establishing the material balance:
(a)
the quantity of nuclear material in each transfer into or out of each material balance area can be determined;
and
(b)
the physical inventory of nuclear material in each material balance area can be determined when necessary in accordance with specified procedures;
15.
‘key measurement point’ means a location where nuclear material appears in such a form that it may be measured to determine material flow or inventory, including but not limited to, the places where nuclear material enters, leaves or is stored in, material balance areas;
16.
‘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;
17.
‘physical inventory’ means the sum of all the measured batch quantities 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;
18.
‘material unaccounted for’ means the difference between the physical inventory and the book inventory;
19.
‘shipper/receiver difference’ means the difference between the quantity of nuclear material in a batch as measured at the receiving material balance area and the quantity as stated by the shipping material balance area;
20.
‘source data’ means those data, recorded during measurement or calibration or used to derive empirical relationships, which identify nuclear material and provide batch data, including: 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;
21.
‘site’ means an area delimited by the Community and the Member State, comprising one or more installations, including closed-down installations, as defined in their relevant basic technical characteristics, whereby:
(a)
waste treatment or waste storage installations do not constitute a site in themselves;
(b)
in the case of a closed-down installation where source material or special fissile material in quantities less than one effective kilogram was customarily used, the term is limited to locations with hot cells or where activities related to conversion, enrichment, fuel fabrication or reprocessing were carried out;
(c)
‘site’ also includes all plants co-located with the installations which provide or use essential services including hot cells for processing irradiated materials not containing nuclear material; plants for the treatment, storage and disposal of waste; and buildings associated with activities specified in Annex 1 to Additional Protocol 1999/188/Euratom and identified by the State concerned;
22.
‘site representative’ means any person, undertaking or entity designated by the Member Stateas being responsible for the declarations referred to in Article 3(2);
23.
‘installation’ means a reactor, a critical installation, a conversion plant, a fabrication plant, a reprocessing plant, an isotope separation plant, a separate storage installation, a waste treatment or waste storage installation; or any other location where source material or special fissile material is customarily used;
24.
‘decommissioned installation’ means an installation for which it has been verified that residual structures and equipment essential for its use have been removed or rendered inoperable so that it is not used to store and can no longer be used to handle, process or utilise source material or special fissile material;
25.
‘closed-down installation’ means an installation for which it has been verified that operations have been stopped and the nuclear material removed but which has not been decommissioned.
CHAPTER II
BASIC TECHNICAL CHARACTERISTICS AND PARTICULAR SAFEGUARD PROVISIONS
Article 3
Declaration of the basic technical characteristics
1. Any person or undertaking setting up or operating an installation for the production, separation, reprocessing, storage or other use of source material or special fissile material shall declare to the Commission the basic technical characteristics of the installation, using the relevant questionnaire shown in Annex I.
For the purpose of the first subparagraph ‘use’ of nuclear materials is taken to include, inter alia: power production in reactors, research in critical or zero energy installations, conversion, fabrication, reprocessing, storage, isotope separation, and ore concentration, as well as treatment or storage of waste.
For ore production, the provisions of Articles 24 and 25 apply.
2. Each Member State being a party to Additional Protocol 1999/188/Euratom, shall designate a site representative for each site on its territory who shall provide to the Commission a declaration containing a general description of the site, using the questionnaire shown in Annex II.
The declaration shall be submitted within 120 days of the date of entry into force of Additional Protocol 1999/188/Euratom in the Member State concerned and updates shall be submitted by 1 April of each year.
The declaration shall fulfil the requirements of Article 2(a)(iii) of Additional Protocol 1999/188/Euratom and shall be separate from the declaration required pursuant to paragraph 1 of this Article.
3. While the site representative carries the responsibility for the timely collection of the relevant information and the submission of the general description of the site to the Commission, the responsibility for the correctness and the completeness of the declarations remains with the persons or the undertakings setting up or operating the installation, and for buildings on a site which do not involve nuclear material with the Member State concerned. As far as possible the declarations provided for in paragraphs 1 and 2 shall be submitted in electronic form if they are kept in such form by the person or undertaking. If information is sent to the Commission both in electronic and in paper form, the paper form shall prevail.
Article 4
Time-limits
The declaration of the basic technical characteristics of new installations shall be communicated to the Commission in accordance with Article 3(1) at least 200 days before the first consignment of nuclear material is due to be received.
For new installations with an inventory or annual throughput of nuclear material of more than one effective kilogram, all relevant information relating to the owner, operator, purpose, location, type, capacity and expected commissioning date shall be communicated to the Commission at least 200 days before construction begins.
Changes in the basic technical characteristics for which advance notification is not required as specified in the particular safeguard provisions set out in Article 6, shall be communicated to the Commission within 30 days after the modification is complete.
Installations in the territory of States acceding to the European Union shall communicate to the Commission their basic technical characteristics within 30 days of the date of entry into force of this Regulation in that State, except for waste treatment or waste storage installations whose basic technical characteristics shall be communicated within 120 days of the date of entry into force of this Regulation in that State.
Using the questionnaire in Annex I, existing waste treatment or waste storage installations shall communicate to the Commission the basic technical characteristics of their installation within 120 days of the date of entry into force of this Regulation.
For other existing installations any additional information required by the questionnaire in Annex I shall be supplied within 120 days of the date of entry into force of this Regulation.
Article 5
Programme of activities
To enable the Commission to plan its safeguards activities, the persons or undertakings referred to in the first subparagraph of Article 3(1) shall communicate to the Commission the following information:
(a)
annually, an outline programme of activities on the basis of Annex XI, indicating, in particular, provisional dates for taking a physical inventory;
(b)
at least 40 days before taking a physical inventory, the programme for such work.
Changes affecting the outline programme of activities and, in particular, the taking of physical inventories shall be communicated to the Commission without delay.
Article 6
Particular safeguard provisions
1. Acting on the basis of the basic technical characteristics submitted pursuant to Article 3(1) and Article 4, the Commission shall adopt particular safeguard provisions relating to the matters set out in paragraph 2 of this Article. The particular safeguard provisions shall be drawn up by means of a Commission decision addressed to the person or undertaking concerned, taking account of operational and technical constraints and in close consultation with the person or undertaking concerned and the relevant Member State.
The person or undertaking to whom the decision of the Commission is addressed shall be notified thereof, and a copy of such notification shall be transmitted to the Member State concerned.
Until the Commission decision on particular safeguard provisions is adopted, the person or undertaking concerned shall apply the general provisions of this Regulation.
2. The particular safeguard provisions shall include the following:
(a)
the material balance areas and the selection of key measurement points for determining the flow and stocks of nuclear materials;
(b)
the changes in basic technical characteristics for which advance notification is required;
(c)
the procedures for keeping records of nuclear materials for each material balance area and for drawing up reports;
(d)
the frequency of, and procedures for, taking physical inventories for accounting purposes as part of safeguards measures;
(e)
the containment and surveillance measures, in accordance with the arrangements agreed upon with the person or undertaking concerned;
(f)
the arrangements for sample-taking by the person or undertaking concerned solely for safeguards purposes.
3. The particular safeguard provisions may also specify the content of subsequent communications required under Article 5 as well as the conditions under which shipments and receipts of nuclear material require advance notification.
4. The Commission shall 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 as the result of a special request by the Commission or its inspectors, on the basis of an agreed estimate. The amount of, and arrangements for, the reimbursement shall be jointly determined by the parties concerned and shall be reviewed periodically.
CHAPTER III
NUCLEAR MATERIAL ACCOUNTANCY
Article 7
Accounting system
The persons or undertakings referred to in the first subparagraph of Article 3(1) shall maintain a system of accountancy and control for nuclear materials. This system shall include accounting and operating records and, in particular, information on the quantities, category, form and composition of these materials as provided for in Article 18, their actual location and the particular safeguards obligation as provided for in Article 17, together with details of the recipient or shipper when nuclear 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, which shall be retained for a period of at least five years, it must be possible to draw up and substantiate the declarations made to the Commission. Accounting and operating records shall be made available to the Commission’s inspectors in electronic form if they are kept in this form by the installation. Further details may be specified in the particular safeguard provisions referred to in Article 6 for each installation.
Article 8
Operating records
For each material balance area, the operating records shall include, where appropriate:
(a)
the operating data used to determine changes in the quantities and composition of nuclear material;
(b)
a list of inventory items, updated to the best extent possible, and their location;
(c)
the data, including derived estimates of random and systematic errors, obtained from the calibration of tanks and instruments as well as from sampling and analysis;
(d)
the data resulting from quality control measures applied to the nuclear material accountancy system, including derived estimates of random and systematic errors;
(e)
a description of the sequence of actions taken to prepare for, and take, a physical inventory, and to ensure that the inventory is correct and complete;
(f)
a description of the actions taken in order to ascertain the cause and magnitude of any accidental or unmeasured loss that might have occurred;
(g)
the isotopic composition of plutonium, including its decay isotopes, and reference dates, if recorded at the installation for operational needs.
When available, the data referred to in point (g) shall be communicated to the Commission on request.
Article 9
Accounting records
In respect of each material balance area the accounting records shall show the following:
(a)
all inventory changes, so that the book inventory can be determined at any time;
(b)
all measurement and counting results used to determine the physical inventory;
(c)
all corrections made to inventory changes, book inventories and physical inventories.
The accounting records relating to any inventory change and physical inventory shall show the material identification, batch data and source data for each batch. These records shall account separately for uranium, thorium and plutonium, in accordance with the categories listed in Article 18(2)(b). In addition, for each inventory change, the date of the change and, when appropriate, the dispatching material balance area or the shipper and the receiving material balance area or the recipient shall be indicated.
Article 10
Accounting reports
The persons or undertakings referred to in the first subparagraph of Article 3(1) shall provide the Commission with accounting reports.
The accounting reports shall contain the information available on the date of reporting and must be corrected at a later date if necessary. Accounting reports shall be transmitted to the Commission in electronic form, except in cases where the Commission has granted a written derogation, or the transitional arrangements specified in Article 39 apply.
On a reasoned request by the Commission, further details or explanations in connection with these reports shall be supplied within three weeks.
Article 11
Initial book inventory
The persons or undertakings referred to in the first subparagraph of Article 3(1) shall transmit to the Commission, within 30 days of the date of entry into force of this Regulation, an initial book inventory of all nuclear materials they are holding, using the format set out in Annex V. This Article does not apply to the persons or undertakings who have already transmitted an initial book inventory under Regulation (Euratom) No 3227/76, or to waste treatment or waste storage installations.
Article 12
Inventory change report
1. For each material balance area, the persons or undertakings referred to in the first subparagraph of Article 3(1) shall transmit to the Commission inventory change reports in respect of all nuclear materials using the format set out in Annex III.
Unless otherwise specified in the particular safeguard provisions referred to in Article 6 for an installation, these reports shall be sent monthly, at the latest 15 days after the end of the month, and shall state all inventory changes which have occurred or become known during that month.
2. For months in which a physical inventory is taken, and the physical inventory taking date is not the last date of the month, two separate inventory change reports shall be transmitted:
(a)
a first inventory change report containing any inventory changes up to and including the physical inventory taking date, which shall be sent at the latest, together with the second inventory change report, or together with the physical inventory listing and the material balance report if the latter are sent before the second inventory change report;
(b)
a second inventory change report containing all inventory changes from the first day after the physical inventory taking date to the end of the month which shall be sent within 15 days of the end of the month.
3. For months in which no inventory changes occur, the persons or undertakings concerned shall send the inventory change report, carrying over the ending book inventory of the previous month.
4. In order that they may be reported as a single inventory change, small inventory changes, such as transfers of samples for purposes of analysis, may be grouped together, as laid down in the particular safeguard provisions referred to in Article 6 for the installation concerned.
5. Inventory change reports may be accompanied by comments explaining the inventory changes.
Article 13
Material balance report and physical inventory listing
For each material balance area, the persons or undertakings referred to in the first subparagraph of Article 3(1) shall transmit to the Commission:
(a)
material balance reports, in the format set out in Annex IV, showing:
(i)
beginning physical inventory;
(ii)
inventory changes (first increases, then decreases);
(iii)
ending book inventory;
(iv)
ending physical inventory;
(v)
material unaccounted for;
(b)
a physical inventory listing, in the format set out in Annex V, showing all batches separately.
The reports and the listing shall be transmitted as soon as possible and at the latest within 30 days of the date on which a physical inventory was taken.
Unless otherwise specified in the particular safeguard provisions referred to in Article 6 for an installation, a physical inventory shall be taken every calendar year and the period between two successive physical inventory takings shall not exceed 14 months.
Article 14
Special reports
The persons and undertakings referred to in the first subparagraph of Article 3(1) shall transmit to the Commission a special report whenever the circumstances referred to in Articles 15 or 22 arise.
The type of information to be supplied in such reports shall be specified in the particular safeguard provisions referred to in Article 6.
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 15
Unusual occurrences
A special report shall be made in the following cases:
(a)
if, as a result of any unusual incident or circumstances, it is believed that there has been or might be an increase or a loss of nuclear material in excess of the limits specified for these purposes in the particular safeguard provisions referred to in Article 6;
(b)
if the containment has unexpectedly changed from that specified in the particular safeguard provisions referred to in Article 6, to a point where an unauthorised removal of nuclear material has become possible.
The persons or undertakings concerned shall submit these reports as soon as they have become aware of any such loss or increase 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.
Article 16
Reporting of nuclear transformations
In respect of reactors, calculated data on nuclear transformations shall be reported in the inventory change report at the latest when irradiated fuel is transferred from the reactor material balance area. In addition, other procedures for recording and reporting nuclear transformations may be specified in the particular safeguard provisions referred to in Article 6.
Article 17
Particular safeguard obligations
1. Nuclear materials subject to particular safeguard obligations entered into by the Community in an agreement concluded with a third country or an international organisation shall, unless otherwise stipulated by such an agreement, be identified separately for each obligation in the following notifications:
(a)
initial book inventory provided for in Article 11;
(b)
inventory change reports, including ending book inventories, provided for in Article 12;
(c)
material balance reports and physical inventory listings provided for in Article 13;
(d)
intended imports and exports provided for in Articles 20 and 21.
Unless specifically prohibited in any of those agreements, such separate identification shall not preclude the physical mixing of materials.
2. Paragraph 1 shall not apply to the Agreements concluded by the Community and the Member States with the International Atomic Energy Agency.
Article 18
Weight units and categories of nuclear materials
1. In any notification referred to in this Regulation, quantities of materials covered by the Regulation shall be expressed in grams.
The corresponding material accounting records shall be kept in grams 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.
In the notifications, quantities may be rounded down when the first decimal is 0 to 4 and rounded up when the first decimal is 5 to 9.
2. Unless otherwise provided for in the particular safeguard provisions referred to in Article 6 the notifications shall include the following:
(a)
the total weight of the elements uranium, thorium and plutonium, and also, for enriched uranium, the total weight of the fissile isotopes;
(b)
separate material balance reports as well as separate line entries in inventory change reports and in physical inventory listings for the following categories of nuclear material:
(i)
depleted uranium;
(ii)
natural uranium;
(iii)
uranium enriched to less than 20 %;
(iv)
uranium enriched to 20 % and above;
(v)
plutonium;
(vi)
thorium.
Article 19
Derogations
1. The Commission may grant producers and users of nuclear materials a written derogation from the rules governing the form and frequency of the notifications provided for in Articles 10 to 18, in order to take account of any particular circumstances in which safeguarded materials are used or produced.
The derogation shall be granted on submission of a request by the person or undertaking concerned using the form set out in Annex IX.
The derogation shall be granted only for a whole material balance area in which nuclear material is not processed or stored together with nuclear material for which no derogation can be granted.
2. The Commission may grant a derogation for a material balance area holding:
(a)
quantities of nuclear material commensurate with those specified in Annex I-G, which are kept in the same state for long periods;
(b)
depleted uranium, natural uranium or thorium which is used exclusively in non-nuclear activities;
(c)
special fissile materials when used in gram quantities or less as sensing components in instruments;
(d)
plutonium with an isotopic concentration of plutonium-238 exceeding 80 %.
3. The persons or undertakings to whom a derogation is granted shall transmit an annual report to the Commission by 31 January of each year, using the form set out in Annex X. This report shall describe the situation at the end of the previous calendar year.
4. In the case of exports of nuclear material to a third country, the persons or undertakings to whom a derogation has been granted shall transmit a report to the Commission as soon as possible and, at the latest, within 15 days of the end of the month in which the export occurred, using the form set out in Annex X. This report shall indicate the quantity of nuclear material exported and the stock of nuclear material still subject to derogation.
5. In the case of imports of nuclear material from a third country the persons or undertakings to whom a derogation is granted shall transmit a request to the Commission to add this material to the list of materials in respect of which the derogation applies. The request shall be transmitted to the Commission as soon as the transfer date is known to the person or undertaking and, at the latest, within 15 days of the end of the month in which the transfer occurred, using the form set out in Annex IX.
6. The Commission may define other specific clauses concerning the form and the periodicity of the reports in the particular safeguard provisions referred to in Article 6.
7. If the conditions for derogation are no longer met, the derogation shall be withdrawn by the Commission, acting upon receipt of information from the person or undertaking to whom a derogation is granted.
CHAPTER IV
TRANSFERS BETWEEN STATES
Article 20
Exports and shipments
1. The persons or undertakings referred to in the first subparagraph of Article 3(1) shall give advance notification to the Commission if any source materials or special fissile materials:
(a)
are exported to a third country;
(b)
are shipped from a non-nuclear-weapon Member State to a nuclear-weapon Member State;
(c)
are shipped from a nuclear-weapon Member State to a non-nuclear-weapon Member State.
2. Advance notification is required only:
(a)
where the consignment exceeds one effective kilogram;
or
(b)
where an installation transfers a total quantity of materials to the same State that could exceed one effective kilogram in any consecutive period of twelve months, even though no single consignment exceeds one effective kilogram.
3. The notification shall be given after the conclusion of the contractual arrangements leading to the transfer, using the form set out in Annex VI, and shall reach the Commission at least eight working days before the material is to be packed for transfer.
4. If so required for reasons of physical protection, special arrangements concerning the form and transmission of the notification may be agreed upon with the Commission.
5. Exports and shipments of nuclear material contained in waste or ores are not subject to the provisions of paragraphs 1 to 4.
Article 21
Imports and receipts
1. The persons or undertakings referred to in the first subparagraph of Article 3(1) shall give advance notification to the Commission if any source materials or special fissile materials:
(a)
are imported from a third country;
(b)
are received in a non-nuclear-weapon Member State from a nuclear-weapon Member State;
(c)
are received in a nuclear-weapon Member State from a non-nuclear-weapon Member State.
2. Advance notification is required only:
(a)
where the consignment exceeds one effective kilogram;
or
(b)
where an installation imports or receives a total quantity of materials from the same State that could exceed one effective kilogram in any consecutive period of twelve months, even though no single consignment exceeds one effective kilogram.
3. The notification shall be given as far in advance as possible of the expected arrival of the material and, at the latest, on the date of receipt, using the form set out in Annex VII, and shall reach the Commission at least five working days before the material is unpacked.
4. If so required for reasons of physical protection, special arrangements concerning the form and transmission of the notification may be agreed upon with the Commission.
5. Imports and receipts of nuclear material contained in waste or ores are not subject to the provisions of paragraphs 1 to 4.
Article 22
Loss or delay during transfer
A special report shall be submitted, as provided for in Article 14, by the persons or undertakings notifying a transfer under Articles 20 and 21 where, following exceptional circumstances or an incident, they have received information that nuclear materials have been lost or appear to be lost, or where there has been a considerable delay during transfer.
Article 23
Communication of change of date
Any change of the dates for packing before transfer, transport or unpacking of nuclear materials which have been given in the notifications provided for in Articles 20 and 21, shall be communicated without delay, with an indication of the revised dates if known, unless the change gives rise to a special report.
CHAPTER V
SPECIFIC PROVISIONS
Article 24
Ore producers
1. Any person or undertaking extracting ores in the territory of a Member State shall declare the basic technical characteristics of the ore extraction operations to the Commission, using the questionnaire in Annex I-J, within 120 days of the date of entry into force of this Regulation, and shall communicate the programme of activities in accordance with Article 5.
2. By way of derogation from Articles 7, 8 and 9, any person or undertaking extracting ores shall keep accounting records thereof indicating, in particular, the quantities of the ore extracted, with the average uranium and thorium content, and the stock of extracted ore at the mine. The records shall also contain details of shipments, stating the date, consignee and quantity in each case.
Such records shall be retained for at least five years.
Article 25
Ore shipment/export reports
By way of derogation from Articles 10 to 18, any person or undertaking extracting ores shall inform the Commission, using the form set out in Annex VIII of:
(a)
the amount of material dispatched from each mine, by 31 January of each year for the previous calendar year;
and
(b)
exports of ores to third countries, by the date of the dispatch at the latest.
Article 26
Carriers and temporary storage agents
Any person or undertaking engaged, within the territories of the Member States, in transporting, or temporarily storing during transport, nuclear materials shall accept or hand over such materials only against a duly signed and dated receipt. This receipt shall state the names of the parties handing over and receiving the materials and indicate the quantities carried as well as the category, form and composition of the materials.
If so required for reasons of physical protection, the description 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 or undertakings referred to in the first subparagraph of Article 3(1).
Those records shall be retained by the contracting parties for at least five years.
Article 27
Substitute records for carriers and temporary storage agents
Records already held by persons or undertakings in accordance with existing regulations which apply to them in the territory of the Member States in which they operate may take the place of the records referred to in Article 26, provided that such records contain all the information required under that Article.
Article 28
Intermediaries
Any intermediaries taking part in the conclusion of any contract for the supply of nuclear materials, such as authorised agents, brokers or commission agents, shall keep all records relating to the transactions performed by them or on their behalf for at least five years after expiry of the contract. Such records shall contain the names of the contracting parties and indicate the date of the contract as well as the quantity, category, form, composition, origin and destination of the materials.
Article 29
Transmission of information and data
The Commission may transmit to the International Atomic Energy Agency information and data obtained pursuant to this Regulation.
Article 30
Waste initial stock list and accounting records
1. By way of derogation from Article 11, any person or undertaking treating or storing nuclear material that has previously been declared as retained or conditioned waste shall transmit to the Commission within 120 days of the date of entry into force of this Regulation, an initial stock list of all nuclear material by category.
2. Any person or undertaking treating or storing nuclear material that has previously been declared as retained or conditioned waste, shall keep accounting records thereof.
By way of derogation from Articles 7 to 11, Article 13 and Article 17(1) for material that has been previously declared as retained waste and Articles 7 to 13 and Article 17(1) for material that has previously been declared as conditioned waste, these records shall include:
(a)
the operating data used to determine changes in the quantities and composition of nuclear material;
(b)
a stock list to be updated yearly after the physical inventory taking;
(c)
a description of the sequence of actions taken to prepare for and take a physical inventory, and to ensure that the inventory is correct and complete;
(d)
a description of the actions taken in order to ascertain the cause and magnitude of any accidental loss that might have occurred;
(e)
all stock changes, so that the book inventory can be established when requested.
The reporting requirements for the processing of retained waste shall be specified in the particular safeguard provisions referred to in Article 6.
Article 31
Processing of waste
The persons or undertakings referred to in the first subparagraph of Article 3(1) shall give advance notification to the Commission of any processing campaign of material that has previously been declared as retained or conditioned waste, excluding repackaging or further conditioning without separation of elements.
This advance notification, using the form set out in Annex XII, shall include information on the amount of plutonium, high enriched uranium and uranium-233 per batch, the form (glass, high active liquid, etc.), the expected duration of the campaign, and the location of the material before and after the campaign. Such notification shall be communicated to the Commission at least 200 days before the campaign starts.
Article 32
Transfers of conditioned waste
The persons or undertakings referred to in the first subparagraph of Article 3(1) shall submit, by 31 January of each year at the latest, annual reports on:
(a)
shipments or exports of conditioned waste to an installation within or outside the territories of the Member States, using the form set out in Annex XIII;
(b)
receipts or imports of conditioned waste from an installation without a material balance area code or from an installation outside the territories of the Member States, using the form set out in Annex XIV;
(c)
changes in location of conditioned waste containing plutonium, high enriched uranium or uranium-233, using the form set out in Annex XV.
Article 33
International obligations
The provisions of this Regulation, and in particular Article 3(2), Article 31 and point (c) of Article 32, shall be applied in conformity with the obligations of the Community and non-nuclear-weapon Member States, under Additional Protocol 1999/188/Euratom.
CHAPTER VI
SPECIFIC PROVISIONS APPLICABLE IN THE TERRITORIES OF THE NUCLEAR-WEAPON MEMBER STATES
Article 34
Specific provisions for nuclear-weapon Member States
1. This Regulation shall not apply:
(a)
to installations or parts of installations which have been assigned to meet defence requirements and which are situated in the territory of a nuclear-weapon Member State;
or
(b)
to nuclear materials which have been assigned to meet defence requirements by that nuclear-weapon 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 in the territory of a nuclear-weapon Member State, 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. Notwithstanding paragraphs 1 and 2:
(a)
the provisions of Articles 3(1), 4 and 6 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 which at other times are operated exclusively with civil nuclear materials;
(b)
the provisions of Articles 3(1), 4 and 6 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 2 and 5, Articles 7 to 32, paragraphs 1 and 2 of this Article and Articles 35, 36 and 37 shall apply in relation to all civil nuclear materials situated in the installations or parts of installations referred to in points (a) and (b) of this paragraph;
(d)
the provisions of Article 3(2), Article 31 and Article 32(c) shall not apply in the territories of nuclear-weapon Member States.
CHAPTER VII
FINAL PROVISIONS
Article 35
Confidentiality of data
The Commission provisions on security set out in Decision 2001/844/EC/ECSC/Euratom shall apply without prejudice to Regulation No 3 implementing Article 24 of the Treaty establishing the European Atomic Energy Community, to information, knowledge and documents acquired or obtained by the Commission under the present Regulation.
The security of information transmission shall be agreed between the Commission and the person, undertaking or entity concerned, and shall be in accordance with Member State requirements for the transmission of such information.
Article 36
Installations controlled from outside the Community
Where an installation is controlled by a person or undertaking established outside the Community, any obligations imposed by this Regulation shall be fulfilled by the local management of the installation.
Article 37
Guidelines
The Commission shall adopt and publish Guidelines for the application of this Regulation by means of a Recommendation, and, if necessary, update them in the light of the experience gained, in close consultation with the Member States, and after having obtained observations from interested parties.
Article 38
Repeal
Regulation (Euratom) No 3227/76 is repealed.
References to the repealed Regulation shall be construed as references to this Regulation.
Article 39
Transitional period
The Commission may grant an exemption from the obligation to use the reporting formats set out in Annexes III, IV and V. The exemption shall apply to persons or undertakings using the reporting format of Annex II, III and IV of Regulation (Euratom) No 3227/76 on the date of entry into force of this Regulation. It shall be granted for a maximum of five years from that date.
The persons or undertakings referred to in the first subparagraph of Article 3(1) shall, within a period of three years of the date of entry into force of this Regulation, inform the Commission of the date on which they intend to start using the reporting formats set out in Annexes III, IV and V. Upon duly justified request and the presentation of an implementation programme the Commission may, on a case by case basis, extend the period by up to two years.
Article 40
Entry into force
This Regulation shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 February 2005.