ARCHIVES HISTORIQUES 
DE LA COMMISSION 
 
 
 
COLLECTION RELIEE DES 
DOCUMENTS "COM" 
 
 
 
 
COM (84) 156 
 
 
 
Vol. 1984/0 058 
  
 
Disclaimer  
Conformém ent au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 
concernant l'ouverture au public des archives historiques de la Communauté économique 
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, 
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003 
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents 
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit 
règlem ent. 
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 
concerning the opening to the public of the historical archives of the European Econom ic 
Communit y and the European Atom ic Energy Communit y (OJ L 43, 15.2.1983, p. 1), as 
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243, 
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this 
file have been declassified in conformity with Article 5 of the aforementioned regulation. 
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom  1. 
Februar 1983 über die Freigabe der historischen Archive der Europäischen 
Wirtschaftsgemeinschaft und der Europäischen Atomgem einschaft (ABI. L 43 vom  15.2.1983, 
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. Septem ber 2003 
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit 
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5 
der genannten Verordnung freigegeben. 
COMMISSION  
OF THE
EUROPEAN COMMUNITIES
General SecretariatC O M (84) 156 final
Brussels, 23 M arch 1984
Communication from the Commission to the Council 
on Ratification and Implementation by the Com m unity and its 
M em ber States of the Convention oon the Physical Protection
of Nuclear Material
C O M (84) 156 final

communication from  the Com m ission to the Council on Ratification and
Implementation by the C om m unity and its M e m b e r States of the Convention on
the Physical Protection of Nuclear Material
Forew ord
1. In 1980 the Council noted that
participation in this Convention w ould be compatible with the Euratom  
Treaty, but only if the C om m unity as such w ere a  party as wellas the 
M e m b er States; and that Article 1 8  of the Convention had m ad e this 
possible. T he Council also noted that to satisfy this requirement, 
and Article 102 of the Treaty, it w ould be necessary for all M e m b e r States 
to ratify the Convention simultaneously, w h en  the C om m ission should also 
deposit its instrument of acceptance. M oreover the Council requested that, 
in order to ensure an  effective and coordinated implementation of the 
Convention, the Com m ission and M e m b er States w ould act in concert as ap­
propriate. (See procès verbal 7390/80 of 9  June 1980 reproduced at A n n ex  A  
to the attached paper).
2. Following the above Council decision, all M em b er States and the C om m unity 
signed the. convention. T w o  M e m b er States, D enm ark and the Federal Republic 
of G erm any, have requested that the Com m ission should submit, prior to the 
ratification of the Convention, a  communication setting out its position o n  
the division of responsibility between the C om m unity and individual M e m b e r 
States in any implementation of the Convention.
3. T he attached communication meets the above requests from  the Council and tw o 
M e m b er States. It also brings the'Council up to date on the general situation 
on this Convention, which has n o w  been open for signature and ratification 
for m ore than four years.
4. T he Council is invited to consider and approve.the broad division of respon­
sibility between the Com nunitv and M em b er States indicated in paragraphs 
5-25 of the attached communication.

I . Present Position on Signature and 
Ratification of the Convention
1. T he Convention on the Physical Protection of Nuclear Material has been
open for signature and ratification since 3  M arch 1980. U p  to 31st D ecem ber 
1983, 36 states and the European Atomic Energy Com m unity had signed it.
In addition to the ten M em ber States of the Community, the signatory 
states are :
Austria M orocco
Brazil N orw ay
Bulgaria Panam a
Canada Paraguay
Czechoslovakia Philippines
Dominican Republic Poland
Finland Rom ania
G erm an Democratic Republic South Africa
Guatemala Sw eden
Haiti Turkey
Hungary U S A
Israel U S S R
Korea, Republic of Yugoslavia
2. S o  far eight of these states have also ratified the Convention
Czechoslovakia 
G erm an Democratic RepublicCzechoslovakia Poland
S w eden 
U S AKorea, Republic of yS S p
Philippines
Article 19 of the Convention provides that it shall com e into force 30 
days after deposit of the twenty-first instrument of ratification.
Thus after three years, thirteen further ratifications are s till required 
for implementation of the Convention.

-  2 -
II. Procedure for Ratification by the C om m unity 
and M e m b e r States
3. In accordance with Article 102 of the Euratom  Treaty, the Convention 
m a y  not enter into force in the C om m unity until the C om m ission has been 
notified byalt signatory M e m b er States that its provisions have becom e 
applicable in accordance with their respective national laws.
O n  2  A ugust 1983, the C om m ission therefore wrote to all M e m b e r States 
inquiring whether entry into force of the Convention w ould require any 
adaptation of their national legislation - and, if so, whether appropriate 
legislative procedures had been com m enced. (See letter reproduced at 
A n n ex  D). B y  31th January 1984 eig h t M e m b e r States had replied. In so m e 
cases immediate ratification w ould be possible; in others the necessary 
legislative preparations are under w ay. It w ould b e help­
ful if the remaining M e m b e r States could inform the C om m ission of the 
situation in their countries. However, at present it seem s unlikely that 
the C om m unity as a  whole w ould be in a  position to ratify for u p  
to three years.
4. G iven the small num ber of ratifications to date, if the M e m b e r States of 
the C om m unity do not ratify the Convention it is unlikely to c o m e  into 
force in the foreseeable future, and possibly never. Equally, if the ten 
M e m b e r States do ratify - thus bringing the num ber of ratifications u p  to 
eighteen, or m ore if one or tw o other states w ere also to ratify in the 
m eantim e - implementation of the Convention w ould becom e reasonably probable.

- 3  -
I I I . Division of Responsibilities between the Com m unity 
and M em b er States
5. A s  recorded in the procès-verbal at A nnex A , D enm ark asked in 1980 for 
clarification of the division of responsibilities, in implementation of 
the Convention, between the Com m unity and individual M em ber States :
" ... Denrnsrk requires clarification of the repartition of 
competence between the Com m unity and its M e m b e r States as 
regards implementation of the Convention before Danish 
ratification."
6. T h e sam e question has been raised m ore recently b y  the G erm an  delegation.
7. T he Convention has 23 articles. Articles 1  and 2  give definitions and 
the scope of the Convention; Articles 15-16 and 18-23 are procedural in 
nature. Article 18-4(c) requires an international organization acceding
to the Convention to declare to the depositary which articles do not apply 
to it. T he declaration consequently included in the procès-verbal at A nnex 
A  states that Articles 7-13 are not applicable to the C om m unity as 
opposed to individual M em b er States. This declaration also covers the 
position of the Com m unity on Article 17, which provides for resolution 
of disputes :
" ... Furthermore, the Com m unity declares that, because under 
Article 34 of the International Court of Justice only 
States m a y  be parties in cases before the Court, it can 
only be bound by the arbitration procedure set out in 
Article 17(2)."
8. This leaves Articles 3-6 and 14 to be considered. Here there are certain 
areas of mixed competence, between the Com m unity and M em b er States, to
be defined. A s  the Novem ber 1978 Ruling of the Court of Justice noted
(paragraph 31) :
—  the centre of gravity of the draft Convention lies 
in the preventive measures and in the organization of 
effective physical protection; it is precisely on this plane 
that the Convention, directly and in various respects, 
concerns matters within the purview of the Treaty. Indeed 
with regard to these provisions, namely Articles 3  to 5  of 
the draft Convention, a close interrelation between the 
powers of the Com m unity and those of the M em ber States is 
evident".
★
Articles 7-13 of the Convention deal with the definition of criminal offences 
pursuit and extradition of offenders and related matters. '

- 4 -
Article 5
Each State Party shall take appropriate steps within the framework 
of its national law  and consistent W ith international law  to ensure 
as far as practicable that, during international nuclear transport, 
nuclear material within its territory, or on board a ship or air­
craft under its jurisdiction insofar as such ship or aircraft is 
engaged in the transport to or from that State, is protected at 
the levels described in A nnex I.
Article 3
9. After ratification the Convention would become part of the Community's
legal structure; M em b er States would be bound to follow its require- 
ments f including the application of specified levels of physical protection 
to be m et in international transport.        Th^ g ( a  ?rp «set nut
in an Annex to the Convention, which is reproduced in A nnex B  
to this Commumcation. They are derived from the levels included in the 
guidelines of the Nuclear Suppliers Group, which were in turn derived from 
recommendations by a group of international experts in the IA E A  publication 
"The Physical Protection of Nuclear Material", INFCIRC/225/Rev. 1, 1977.
10. Article 3  lays d o w n  general substantive obligations. T he practical 
implementation of these obligations is covered in the subsequent Article
4. Therefore it is sufficient to consider the division of competence 
between the Com m unity and M em ber States under that article.

- 5  -
Art 1 c l· 4
1 . Each State Party «hall not export or authorise the export of nuclear notarial  
unless the State Party has reoelved assurances that such notarial will be protected,  
during the international nuclear transport at the levels described in Annex I*
2. Each State,·Party shall not inport or authorise the import of nuclear material fro·  
a State not party to this Convention unless the State Party has reoelved aaeuranoes  
that B uch material will during the international nuolear transport be protected at the  
levels described in Annex I.
3· A  State Party shall not allow the transit of its  territory by land or internal  
waterways or through its airport· or seaports of nuolear material between State· that  
are not parties to this Convention unlese the State Party has received assurances as  
far as practicable that this nuolear material w ill be protected during international  
nuolear transport at the levels described in Annex I*
4· Each State Party shall apply within the framework of its national law the lsvals  
of physical protection desorlbed in Annex I to nuolear notarial being transported fron  
a part of that State to another part of the sam e State through international waters or  
airspace*
5· The State Party responsible for receiving aseuranoee that the nuclear material  
will be protected at the levels described in Annex I eooording to paragraphs 1 to 3  
shall identify and inforn in advance States whioh the nuclear material ie expected to  
transit by land or internal waterway·) or whose airports or seaport· it  is expected to  
enter.
6. The responsibility for obtaining assurances referred to in paragraph 1 nay be  
transferred, by mutual agreement, to the State Party involved in the transport as the
importing State,
7· Nothing in this artiole shall be interpreted as in any w ay affecting the  
territorial sovereignty and jurisdiction of a State, including that over its  
airspace and territorial sea*

-  6 -
Article 4  
Paragraph 1
11. T h e C om m ission w ould have a  competence in the application of this paragraph - 
as w ould each M e m b er State - because of its pow er to authorize exports outside 
the C om m unity under article 5 9  of the Euratom  Treaty and also the Supply 
A gency w ould have competence because of its pow er to conclude contracts related 
to exports outside the C om m unity under articles 5 9  and 6 2  of the Treaty.
T h e C om m ission and the A gency could discharge their obligations under this 
part of the Convention b y  verifying, in the implementation of their powers, 
that exports outside the C om m unity are m a d e  with physical protection u p  to 
the required level.
P ow er of similar nature regarding export authorization by the C om m ission is 
carried over into article 5 7  of the proposed n ew  Chapter VI.
12. In the caæof transfers within the C om m unity, the Supply A gency has a  competence 
under the existing Chapter V I  because of its D o w er under Articles 5 2  and 61, 
notably conclusion or approval of contracts for supply within the C om m unity.
T h e obligation of the C om m unity could be discharged b y  requiring the necessary 
assurances w h en  such contracts w ere concluded. Alternatively once-for-all 
assurances could be given by M e m b e r States to the Commission, and mutually 
between themselves, to avoid the administrative burden of case-by-case treatment.
U nder Article 53.2 of the proposed n ew  Chapter VI, the C om m ission is required 
to lay d o w n  conditions in a  regulation for transfers within the C om m unity.
T he draft regulation for implementation of Article 53.2 proposed in a  c o m m u ­
nication from  the Com m ission to the Council C S E C C 8 3 )1042 final) of 2 4  June 
1983 is reproduced at A nnex C . It requires the application of physical 
protection to the required level in transfers between M e m b er States and 
w ould thus discharge the obligations of the C om m unity.
Paragraph 2  "
13. U nder the existing Chapter V I the Supply A gency has a  competence in any
application of this provision, because of its rights and obligations under 
Articles 5 2  and 6 1  of the Treaty, notably conclusion or approval of con­
tracts for supply from  outside the Com m unity. T he obligations of the C o m m u ­
nity under this paragraph could be discharged by requiring the necessary 
physical protection assurances w h en  such contracts were concluded. W h ere 
appropriate, the Com m ission might obtain such assurances in umbrella 
arrangements covering the conclusion of contracts.

- 7 -
14. Under Article 53.2 of the proposed n ew  Chapter VI, the Commission is 
required to lay dow n conditions in a regulation for imports into the 
Com m unity. T he draft regulation at A nnex C  makes application of the levels 
of physical protection applied to transfers within the C om m unity (see 
paragraph 12 above) optional in the case of imports from outside. U p o n  
entry into force of the Convention, it valid be necessary to m ake this 
requirement mandatory and therefore to modify the regulation accordingly.
15. Both paragraphs 1  &  2  of Article 4 require parties to the Convention to 
seek assurances from other states. A s  a matter of practical convenience,
it would seem  desirable for such assurances to be sought by the Commission, 
where the Supply Agency is directly involved in the conclusion of a contract 
under Articles 52 and 6 1  of the present Chapter VI. In this case relevant 
M em ber States should be informed of assurances obtained by the Commission.
In any other cases the assurances should be sought by the M em b er State 
concerned.
16. Under the n ew  Chapter VI, it would be appropriate for M em ber States to 
seek assurances w hen concluding contracts. T he Commission would do so 
only in cases where it w as itself concluding a contract (e.g. for supply
of material for use in its o w n  facilities) or w hen the Supply Agency maintains 
the right to conclude supply contracts (Art. 69). However, because of 1ïM  role 
identified for the Com m unity in relation to paragraphs 1  and 2  of Article 4  
(see 11-14 above )  M em b er States should inform the Commission of assurances 
that they obtain.
I  Paragraphs 3  and 4
17. These provisions appear to be entirely within the competence of the M em b er 
States.
Paragraphs 5  and 6
18. T he action required by these paragraphs would generally relate to specific 
transportations of material. A s  a matter of practical convenience, these 
actions should be taken by the M em b er State concerned, even w hen corres­
ponding assurances of physical protection on the transportation had been 
obtained by the Commission as in paragraph 15 above. In such cases the 
necessary coordination between the Commission and M em b er States could be 
arranged administratively.

-  8 -
Article S
1. States Parties shall identify and m ake know n to each other directly or through the  
International Atomio Energy Agency their oantral authority and point of contact having  
responsibility for physical protection of nuclear material and for oo-ordinati^g  
recovery and response operations in the event of any unauthorised removal, use or  
alteration of nuclear material or in the event of credible threat thereof.
2. In the case of theft, robbery or any other unlawful taking of nuolaar material or of  
credible threat thereof, Statee Parties shall, in acoordanee with their national law,  
provide oo-operation and assistance to the m axim u m  feasible extent in the recovery and  
protection of such material to any State that so requests. In parti ouiart
(a) a State Party shall take appropriate steps to inform as soon as possible other  
States,which appear to it  to be concerned, of any theft, robbery or other  
unlawful taking of nuclear material or credible threat thereof and to inform,  
where appropriate, international organisations;
(b) as appropriate, the States Parties concerned shall exchange information with  
each other or international organisations with a view to protecting  
threatened nuclear material, verifying the integrity of the shipping  
container, or recovering unlawfully taken nuclear material and shall ;
(i) co-ordinate their efforts through diplomatie other agreed channels;
(ii) render assistance, i f  requested;
(iii) ensure the return of nuclear material stolen or missing as a consequence  
of the above-mentioned events.
»  -l
The m eans of implementation of this oo-operation shall be determined by the States  
Parties concerned.
3. States Parties shall oo-operate and oonsult as appropriate, with each other  
directly or through international organisations, with a view to obtaining guidance on  
the design, maintenance and improvement of systems of physical protection of nuclear  
material in international transport.

- 9  -
Article 5
19. There appears to be no question of overlapping competence here, but from 
an administrative point of view it would be necessary to define whether 
any actionsshould be taken by the Com m unity on behalf of M em b er States, 
or by the Commission in its o w n  behalf.
Paragraph 1
20. Given the role of the Com m unity in relation to physical protection in
certain circumstances (see com m ents on Article 4 above), the information
required to be exchanged under this provision would need to be k n o w n  
to the Commission in respect of M em ber States, which should therefore^keep the 
Commission informed. O n  the other hand, the Com m ission will identify its 
authorities competent in this field: e.n. directors of JR C  establishments 
and the safeguards directorate.
Paragraph 2
21. In any case of unlawful taking of nuclear material, a M em b er State should 
inform the Commission, because of its safeguards responsibilities, in 
addition to the actions specified in this paragraph. In an individual case 
of theft, it might fall to the Commission to initiate action under this 
paragraph - eg. if material were removed from a Com m unity establishment or 
if theft were discovered by a safeguards inspector. International coopera­
tion thereafter would be the responsibility of the appropriate M em b er 
State.
Paragraph 3
22. There appears to be no function here for the Commission to perform on 
behalf of the Community. Since the Commission is responsible for the 
protection of its o w n  nuclear material, it should be involved in its o w n  
right in the consultation and co-operation envisaged.

-  10 -
Article 6
1. States Parties shall take appropriate measures consistent with their 
national law  to protect the confidentiality of any information w hich 
they receive in confidence by virtue of the provisions of this 
Convention from  another State Party or through participation in an 
activity carried out for the implementation of this Convention. If 
States Parties provide information to international organizations in 
confidence, steps shall be taken to ensure that the confidentiality 
of such information is protected.
2. States Parties shall not be required by this Convention to provide 
any information which they are not permitted to communicate pursuant 
to national law  or which would jeopardise the security of the State 
concerned or the physical protection of nuclear material.
Article 6
23. There is no question of overlapping competence in this Article. It
should also be noted that, where the Com m ission receives information in 
confidence on behalf of the Com m unity, it has the ability to protect 
confidentiality :  for example through the classification system set out 
in Euratom  Regulation num ber 3  of 3 1  January 1958 and in the Decision of 
the Com m ission dated 1 9  N ovem ber 1975, which also covers appropriate 
security measures.

-  11  -
Article 14
1. Each State Party shall inform the depositary of its laws and regula­
tions which give effect to this Convention. The depositary shall 
communicate such information periodically to all States Parties.
2. T he State Party where an alleged offender is prosecuted shall, wherever 
practicable, first communicate the final outcome of the proceedings
to the States directly concerned. T he State Party shall also com m uni­
cate the final outcome to the depositary w h o  shall inform all States.
3. W here an offence involves nuclear material used for peaceful pur­
poses in domestic use, storage or transport, and both the alleged 
offender and the nuclear material remain in the territory of the 
State Party in which the offence w as committed,nothing in this C o n ­
vention shall be interpreted as requiring that State Party to provide 
information concerning criminal proceedings arising out of such an 
offence.
Article 14
24. There is no question of overlapping competence here, but to fulfil paragraph 
1  the Com m unity would need to inform the depository of relevant C om m unity 
laws and regulations, as identified above. M em ber States should communicate 
their o w n  laws and regulations directly, informing the Commission
25. There is no role for the C om m unity in paragraphs 2  and 3  of this article.

-  12  -
Annexes
A . Extracts from procès-verbal of the Council 7390/80 of 9 June 1980.
B . Levels of physical protection to be applied in international trans­
port of nuclear material - Annexes I and II to the Convention on 
the Physical Protection of Nuclear Material.
C . Draft Regulation to apply Article 53.2 of the proposed n ew  Chapter V I 
of the Euratom Treaty; extract from Communication from the Commission 
to the Council of 24 June 1983 (SEC(83)1042 final).
D . Letter of 2  August 1983 from the Commission to all M em b er States, 
requesting information on any adaptation to national legislation 
required to permit entry into force of the Convention.

EUROPEAN COMMUNITIES  
THE COUNCILBrussels, 29 May 1980 (03*06)
7390/80
NM SECRET
ATO 61
••A" ITEM NOTE
for; Council on 9 June 1980
No* prev* doc· 7082/80 ATO 53 No· Cion prop· 11749/79 ATO 119  
COM(79) 727 final
Subject: Adoption in the official languages. of theCoimiunities of  
the Decision approving the conclusion by the Commission^  
of the International Convention on the Physical Protection  
of Nuclear Material
1. On 13 December 1979 the Commission sent the Council a
communication on the conclusion of an International Convention  
on the Physical Protection of Nuclear Material, containing a  
draft Council Decision approving the conclusion by the Commission  
of that Convention*
29 After approving the substance of the. text of the Decision at
its meeting on 28 May 1980, the Pennanent Representatives Committee  
agreed to suggest that the Council, following completion of the  
uroeedure agreed with the Greek Government,
(a) adopt the Decision set out in 6608/80 ATO 4S in the official  
languages of the Communities, as an "A" item on its agenda  
for a forthcoming meeting;
7390/80I  · · / ·  · ·
erfc/KO/pm E

2
(b) order publication of the Decision in the Official Journal  
of the European Communities;
(c) decide to include the statements in Annex I to this note in  
the minutes of the aforementioned meeting;
(d) note at that meeting that the Commission will make the statement  
in Annex II to this document when signing the Convention,
7390/80 ert/KO/pm E

AMEX I
Statements to be entered in the Council minutes
Article 18(4) of the International Convention on.the  
Physical Protection of Nuclear Material allows the Community  
to sign the Convention*
Pursuant to Article 18(2) the Community, in order to  
become a party to the Convention, must also accept or approve  
it.
Article 19 provides that the Convention shall enter into  
force after 21 instruments of ratification, acceptance or  
approval have been deposited.
Application of the provisions of the Convention  
therefore means that signing by a State or international  
organization (o.g. the Community) does not bind that State  
or organisation to the Convention, since subsequent  
ratification, acceptance or apureval respectively is necessary.
Approval by the Council u; .der the second paragraph of  
Article 101 of the Treaty enables the Commission to sign  
as well as to accept or approve the Convention.
The Commission, pursuant to Article 102 of the Treaty,  
will not deposit its instrument of acceptance or approval of  
the Convention until signatory Member States are ready to  
deposit simultaneously their instruments of ratification,  
acceptance, appro*/?.! or accession.
73'.’C/SC ^rt/KO/é»Ì/• * */ *
E

-  2 -
Because of the nature of the commitments entered into by  
the Community and its Member States pursuant to the Convention,  
which will become part of the Community’s legal system, the  
Community need not adopt specific legal acts to enforce it,  
it being understood that, for the purposes of effective and  
co-ordinated application of the Convention, the Member States  
and the Commission will, if necessary, confer together  
via the appropriate channels.
With reference to paragraph 7 of the negotiating directives  
adopted by the Council on 18 September 1979, and pending  
further studies by the competent Danish authorities, Denmark  
requires clarification of the repartition of competence between the
Community and its Member States as regards implementation of  
the Convention before Danish ratification takes place.
7390/80 
(ANNEX I)ert/KO/gj E

ANNEX II
Statement to be made by the Commission on behalf of EURATOM  
when signing the International Convention on the Physical  
Protection of Nuclear Material
At present the following States are members of the  
European Atomic Energy Community ï
Belgium, Denmark, Prance, the Federal Republic of Germany,  
Ireland, Italy, Luxembourg, the Netherlands and the United Kingdom,
In signing the Convention, the Community declares that,  
when it has deposited the instrument of approval or acceptance  
pursuant to Article 18 and the Convention has entered into  
force for the Community pursuant to Article 19, Articles 7 to 13  
of the Convention will not apply to it.
Furthermore, the Community declares that, because under  
Article 34 of the Statute of the International Court of Justice  
only States may be parties in cases before the Court, it can  
only be bound by the arbitration procedure set out in  
Article 17(2).
7390/' trt/KO/gjE

ANNEX B
CONVENTION ON THE PHYSICAL PROTECTION OF NUCLEAR MATERIA!-;
A N N E X  I
Levels of P hysical P ro te c tio n  to  be Applied In Internationa.! T ransport of 
N uclear M aterial as Categorized in Annex II
1. Levels of physical p ro te c tio n  fo r nuclear m aterial during storage in c id e n ta l to 
in te rn a tio n a l nuclear tra n sp o rt include;
(a) For Category I I I  m a te ria ls, storage w ithin an area to  which access is  
co n tro lled ;
(b) For Category II m a te ria ls, storage w ithin an area under constant su rv e illa n c e  
by guards o r e le c tro n ic  devioes, surrounded by a physical b a rr ie r  w ith a 
lim ited  number of p o in ts of entry under ap p ro p riate co n tro l or any area with 
an equivalent lev el of physical p ro tectio n ;
(c) For Category I m a te ria l, storage w ithin a p ro tected  area as defined fo r
v  Category II above, to which, in ad d itio n , access iB r e s tr ic te d  to persons 
whose tru stw o rth in e ss has been determ ined, and which is under su rv e illa n c e  
by guards who are in close communication with ap p ro p riate response fo rc e s. 
S p ecific measures taken in th is  context ehould have as th e ir  o b ject the 
d e te c tio n  and prevention of any a s s a u lt, unauthorized access or unauthorized 
removal of m a te ria l.
2. Levels of physical p ro te c tio n  fo r nuclear m aterial during in te rn a tio n a l tra n sp o rt 
include;
(a) For Category I I  and I I I  m ate ria ls, tra n s p o rta tio n  s h a ll take place under;
sp ecial p recautions including p rio r arrangements among sender, re c e iv e r, 
and c a rr ie r , and p rio r 'agreement between n a tu ra l or leg a l persons su b ject 
to  the ju ris d ic tio n  and reg u la tio n  of exporting and im porting S ta te s , 
sp ecify in g  tim e, place and procedures fo r tra n s fe rrin g  tra n sp o rt resp o n si­
b i li ty ;
(b) For Category I m a te ria ls, tra n sp o rta tio n  s h a ll take place under sp eo ial pre­
cautions id e n tifie d  above fo r tra n sp o rta tio n  of Category I I  and I I I  m a te ria ls, 
and in a d d itio n , under constant su rv eillan o e by e sc o rts and under conditions 
which assure close communication with appropriate response fo rces;
(c) For n a tu ra l uranium o th er than in  the form of ore o r o re -re sid u e , tra n sp o rto - 
tio n  p ro te c tio n  fo r q u a n titie s  exceeding ^00 kilogram s U  s h a ll include advance 
n o tif ic a tio n  of shipment specifying mode of tra n s p o rt, expected time of 
a rr iv a l and confirm ation of re c e ip t of shipment.

A N H E X  II
TABLE: CATEGORIZATION O P N U C L E A R  M A TERIA L
M aterial PormCategory 
I II III® /
1. Plutonium— ^ U n irra d iate d ^ / 2 leg o r more Leaa than 2 leg 5O O  g o r leaa
but more than but more than
500 g 15 g
2. U raniia»-2 35 U n irra d ia te d ^
uraniun enriched to 
2C# 2 35u o r more
uranium enriched to 
10^ 235u but leaa 
th an  20^
uranium enriched 
above n a tu ra l, but 
leae than 10^ 235u5 kg o r more Leaa than 5 kg 1  kg  o r leaa 
but more than but more than
1 *S 15, g
10 leg o r more Lobb than
10 leg but aore  
than 1 leg
10 leg o r more
3» Uranium— 233 U n irrad iat « 0 / 2 leg or more Leaa than 2 leg 
but more than 
5O O  g5O O  g o r leaa 
but more than
15 g
4. Irra d ia te d  
fuelDepleted o r 
n a tu ra l u ran i­
um, t  ho r i  v a n  o r 
low— enriched 
fu el (leaa than 
IO5 C  fi8 8 iL e . 
c o n te n t)^ /^ /
*/
V
S /
s /A ll plutonium except th a t with iao to p io  concentration exceeding 805É  in  
plutoniuB -238.
M aterial not irr a d ia te d  in  a re a c to r o r m aterial irr a d ia te d  in  a re a c to r but with 
a ra d ia tio n  le v e l equal to  o r le ss th an  100 rada/hour at one metre unshielded.
Q u antitiea not f a llin g  in  Category H I  and n a tu ra l uraniva ahould be p ro tected  in 
accordance with prudent management p ra c tic e .
Although th ia  le v e l o f p ro te c tio n  ia  recommended, i t  would be open to  S ta te a , upon 
ev alu atio n  o f th e  ap eo ifio  c irc m a ta n ce e , to assign a d iffe re n t category o f 
phyBioal p ro te c tio n .
fu al which by v irtu e  o f i t e  o rig in a l f i s s i l e  m ate ria l content 1 b c la a a ifie d  
aa a egory I and II before ir r a d ia tio n  may be reduced one category le v e l while 
the ra d ia tio n  le v e l from th e  fu el exceeds 100 rada/hour at one metre unahielded.

A N N E X  C
Draft articles of a Commission Regulation 
to be adopted pursuant to Article 53(2) of the new  Chapter V I 
 of Eur.atom  Treaty
Article 1
iJithin the field of application of this Chapter, source materials and
special fissile materials being transferred within the Community-and the
materials derived therefrom, hereinafter called the "materials", shall be
subjeci~to the, following conditions :
a) non-explosive use;
b) application of safeguards by the International Atomic Energy 'A gency in 
accordance with the agreements concluded by that Agency with the Com m unity 
and its M em ber States; 
c) application of physical protection measures corresponding to the levels
set out in the Annex;
d) application of the conditions relating to non-explosive use, to the 
safeguards of the International Atomic Energy Agency and to the physical 
protection measures corresponding to the levels set out in the Annex,
in the case of a retransfer to a non-Community country and of subsequen 
retransfers;
e) prior consent of the M em ber State of origin to retransfers to a  non- 
Com m unity State of plutonium or of uranium enriched to m ore than 20% .
Article 2
Materials being transferred from a non-Community State to a M em ber State 
m ay  be m ade subject to the conditions set out in Article 1.
Article 3
Materials being transferred to a M em ber State from another M em ber State or 
from a non-Community State m ay  be m ade subject to the condition that, in 
the event of retransfer to a destination outside the Community, the original 
supplier shall be informed of the identity of the consignee of the m ateiiaU  
and of the quantities involved.

 A N N E X
Ik
L E V E L S  O F  P H Y S IC A L  P R O T E C T IO N  T O  B E  A P P L IE D  
T O  N U C L E A R  M A T E R IA L S  IN  U SE , S T O R A G E  A N D  T R A N S P O R T A T IO N
1. T he attached table divides nuclear materials into three categories.
T he physical protection to be ensured by the competent national authorities 
in the use, storage and transportation of these materials shall be, as 
a m inim um , at the following levels :
C A T E G O R Y  III
2. Use and Storage within an area to which access is controlled.
3. Transportation under special precautions including prior arrangements 
am ong sender, recipient and carrier, and prior agreement between entities 
subject to the jurisdiction and regulation of supplier and recipient 
States, respectively, in case of international transport, specifying time, 
place and procedures for transferring transport responsibility.
C A T E G O R Y  II
4. Use and Storage within a protected area to which access is controlled, i.e." 
an area under constant surveillance by guards or electronic devices, 
surrounded by a physical barrier with a limited number of points of entry 
under appropriate control, or any area with an equivalent level of physical 
protection.
5. Transportation under special precautions including prior arrangements am ong 
sender, recipient and carrier, and prior agreement between entities subject 
to the jurisdiction and regulation of supplier and recipient States, 
respectively, in case of international transport, specifying time, place 
and procedures for transferring transport responsibility.

2
C A T E G O R Y  I
 
6. Materials in this Category shall be protected with highly reliable systems 
against unauthorised use as follows :
7· U se and Storage within a highly protected area, i.e. a protected area as 
defined for Category II above, to which, in addition, access is restricted 
to persons whose trustworthiness has been determined, and which is under 
surveillance by guards w h o  are in close communication with appropriate 
response forces. Specific measures taken in this context should have as 
their objective the detection and prevention of any assault, unauthorised 
access or unauthorised removal of material.
S
8. Transportation under special precautions as identified above for
transportation of Category II and III materials and, in addition, under
i
constant surveillance by escorts and under conditions which assure close 
communication with appropriate response forces.

T A B L E  :  C A T E G O R IS A T IO N  O F  N U C L E A R  M A T E R IA L
MaterialCategory
F orm
I II III
1. Plutonium9^ U ni rradiated^ 2 kg or m ore less than 2  kg 
jut more than 
500 g   c) 500 g or less
2. Uranium-235 U ni rradiatedb^
- uranium enriched to 
20%  235y or m ore
- uranium enriched to 
10%  235 u but less 
than 2 0 %
- uranium enriched 
above natural, but .  
less than 1 0 %  235^5  kg or m ore less than 5  kg 
jut more than 
1 kg
10 kg or m ore         c)1 kg or less
less than 10 kg
10 kg or m ore
3. Uranium-233 U n i rradiated*3 ^ 2 kg or m ore less than 2  kg 
but more than 
500 g500 g or l-ess
4. Irradiated 
fuel
-Depleted or 
natural uranium 
thorium or low- 
enriched fuel 
(less than 1 0 %  
fissile )f) 
content)*c)
a)AU plutonium except that with isotopic concentration exceeding 8 0 %  in plutonium-238. 
^M aterial not irradiated in a reactor or material irradiated in ‘a reactor but with a
c) 
radiation level equal to or less than 100 rads/hour at one met e unshielded.
Less than a radiologically significant quantity should be exempted.
^Natural uranium, depleted uranium and thorium and quantities of uranium enriched to 
less than 1 0 %  not fabling in Category III should be protected in accordance with 
prudent management practice.
Although this level of protection is recommended, it.would be open to States, upon 
^valuation of the specific circumstances, to assign a different category of physical
protection.
f>0ther fuel which by virtue of its original fissile material content is classified as 
Category I'or II before irradiation m ay  be reduced one category level while the
radiation level from the fuel exceeds 100 rads/hour at one metre unshielde

COMMISSION  
OF THE
EUROPEAN COMMUNITIES
D IR E C T O R  A T E -G E N E R  A L FO R EN E R G Y
Oireclor-General(hîütït
02.08.1983*0 0 3 1 3 i
...<8r.usae.Ls ....................................................D
Sir,
S
ubject :  International Convention o n  the Physical Protection of
Nuclear Material
I  refer  to a  question put at the A tom ic Questions G ro u p  b y  the G e rm a n  
delegation o n  this subject.
This Convention w a s  signed b y  the M e m b e r States of the C o m m u n ity  o n  
1 3  June 1980. H ow ever, these 'signatures d o  not bind the signatories to 
the Convention until they have subsequently been ratified or accented.
M oreover, under Art. 1 0 2  of the Treaty, the C om m ission will only proceed 
to depositing its instrument of acceptance or approval of the Convention 
w h e n  the signatory M e m b e r States are ready simultaneously to deport 
their ratification instruments.
T h e  ·  C onvent ion will enter into force after deposit of the twenty-*irst 
instrument of ratification or -agreement.  A t present, 3  years after 
'Signature, 7  States have ratified it.
Considering the above, I  w o u ld  b e obliged if y o u  w o u ld  inform  m e  ;f  entry 
into force of this international Convention requires an adaptation o f 
your national Legislation a n d  if the legi s  1  at i  v e . phocedu res for m s  have 
been c o m m e n c e d .
D epending o n  the replies received, the C om m ission reserves the right to 
propose appropriate m easures for a  coordinated a n d  efficient appi cation 
of the Convention in the w hole of the C o m m u n ity .
Y ours faithfu11y
'M . Carpentier
H i  s  E xcel lency 
Sir M ichael B U T L E R  K C M G  
A m bassador
Perm anent Representative of the 
United K in g d o m  to the 
E uropean C o m m u n 1 ties 
Rond-Point S ch u m an , 6
1 0 4 0  B R U S S E L S
P ro v is io n a l aJUr üss Rue do is L c  000. 0 -10 4 9  B ru ssels · T e 'e p h o n e  23S 1 1 11 - T el » g ra p h ic  address ’C O V < ‘. ’n R r··* * « ’· >
Te:»* -  C ü u e j  U '