31.1.85 Official Journal of the European Communities No C 29/5 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Regulation adopting conditions relating to transfers of nuclear 
materials between Member States and to imports from outside the Community 
COM(84) 686 final 
(Submitted by the Commission to the Council on 20 December 1984) 
(85/C 29/07) 
THE COUNCIL OF THE EUROPEAN 
COMMUNITIES, 
Having regard to the Treaty establishing the 
European Atomic Energy, Community, and in 
particular Articles 53 (2) and 76 thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Par­
liament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas the principle of the unity of the market, 
which is an essential element of a Community nuclear 
supply policy, involves not only the prohibition of all 
restrictions relating to transfers of nuclear materials 
between Member States and to imports from outside 
the Community, but also the possibility of adopting, 
at Community level, specific conditions concerning 
such transfers and imports; 
Whereas safeguards, in conformity with Chapter VII 
of the Treaty, are applicable in the Community; 
Whereas, pursuant to the Treaty on the Non-Pro-
liferation of Nuclear Weapons, the non-nuclear-
weapon Member States have entered into a 
commitment concerning non-explosive use which 
covers all of their nuclear materials; 
Whereas the safeguards of the International Atomic 
Energy Agency are applicable, in conformity with the 
agreements concluded between the Agency, the 
Community and its Member States; Whereas the Member States apply to the nuclear 
materials within their territory physical protection 
measures at levels which are internationally 
acknowledged to be satisfactory; 
Whereas the Commission applies the same physical 
protection measures to the nuclear materials in the 
establishments of the Joint Research Centre; 
Whereas it is advisable to ensure, under Community 
law, the application of these physical protection 
measures to materials involved in transfers between 
Member States or in imports from outside the 
Community; 
Whereas adequate precautions are consequently 
applicable, in the case of materials other than 
plutonium and uranium enriched to over 20 %, to the 
said transfers and imports which can take place 
without other conditions; 
Whereas, moreover, this situation accords with the 
guidelines applicable to nuclear exports, adopted by 
all the Member States as unilateral commitments, and 
published in document INFCIRC/254 of the Inter­
national Atomic Energy Agency; 
Whereas the Member States have agreed, between 
themselves, on the need to apply additional pro­
cedures to transfers of plutonium or uranium 
enriched to over 20 % between Member States in 
view of the particularly sensitive nature of these 
materials; 
Whereas special measures in this field are 
recommended in the abovementioned guidelines; 
Whereas such additional procedures relate to 
determination of the places of storage of these 
materials, appropriate information on their use and 
the consent to retransfers outside the Community of 
the Member State which separated or enriched these 
materials and of the Member State wishing to 
retransfer them; 
No C 29/6 Official Journal of the European Communities 31.1.85 
Whereas agreement was also reached on additional 
procedures as regards imports of the said materials 
from outside the Community which relate to the 
possible consent of the non-Community supplier State 
to retransfers outside the Community; 
Whereas such procedures, laid down in particular on 
the basis of the abovementioned guidelines, are an 
appropriate means of regulating the transfer of 
nuclear materials between Member States and imports 
from outside the Community; 
Whereas these procedures are applicable equally to 
the Joint Research Centre; 
Whereas the Council should consequently adopt a 
Regulation in this field; 
Whereas, finally, in view of all these precautions 
transfers between Member States and imports from 
outside the Community can take place without 
hindrance, 
HAS ADOPTED THIS REGULATION: 
Article 1 
1. Source materials and special fissile materials 
transferred between Member States, and the materials 
derived therefrom, shall be subject to the application 
of physical protection measures to levels not less than 
those specified in Annex A. 
2. The same levels of physical protection shall be 
applied to such materials imported from a non-
member State. Article 2 
Plutonium, or uranium enriched above 20 %, 
transferred between Member States shall be subject 
also to the following conditions: 
(a) the recipient Member State shall submit to the 
Commission, to the Member State responsible for 
reprocessing or enrichment of the material and to 
the Member State (if it is a different State) which 
transfers them a prior statement containing the 
information set out in Annex B; 
(b) the material shall be stored prior to utilization 
only on the site of the reprocessing plant where 
the plutonium has been separated, the enrichment 
plant where the uranium has been enriched or the 
fabrication plant where the material is to be 
fabricated into fuel elements, or in a storage 
facility established and administered by a Member 
State or in such other storage facility within the 
jurisdiction of a Member State and determined by 
joint agreement by the Member States concerned; 
(c) without prejudice to the consent rights of a non-
member State as the supplier of plutonium and 
uranium enriched above 20 °/o, any retransfer to a 
non-member State requires the prior consent of 
the Member State responsible for reprocessing or 
enrichment and the Member State in whose 
jurisdiction the owner of the material is situated. 
Article 3 
This Regulation shall enter into force three months 
following its publication in the Official Journal of the 
European Communities. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States. 
31.1.85 Official Journal of the European Communities No C 29/7 
ANNEX A 
LEVELS OF PHYSICAL PROTECTION TO BE APPLIED TO NUCLEAR MATERIALS IN 
USE, STORAGE AND TRANSPORTATION 
1. The attached table divides nuclear materials into three categories. The physical protection to be 
ensured by the competent national authorities in the use, storage and transportation of these 
materials shall be, as a minimum, at the following levels: 
CATEGORY III 
2. Use and storage within an area to which access is controlled. 
3. Transportation under special precautions including prior arrangements among 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. 
CATEGORY 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 among 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. 
CATEGORY I 
6. Materials in this category shall be protected with highly reliable systems against unauthorized use 
as follows: 
7. Use 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 trusthworthiness has been 
determined, and which is under surveillance by guards who 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, unauthorized access or unauthorized removal of 
material. 
8. Transportation under special precautions as identified above for transportation of category II and 
III materials and, in addition, under constant surveillance by escorts and under conditions which 
assure close communication with appropriate response forces. 
No C 29/8 Official Journal of the European Communities 31. 1. 85 
TABLE 
Categorization of nuclear material 
Material 
1. Plutonium (a) 
2. Uranium-235 
3. Uranium-233 
4. Irradiated fuel F„m 
Unirradiated (b) 
Unirradiated (b) 
— uranium enriched to 20 % 
235 U or more 
— uranium enriched to 10 % 
235 U but less than 20% 
— uranium enriched above 
natural, but less than 10 % 
235 U (d) 
Unirradiated (b) Category 
I 
2 kg or more 
5 kg or more 
2 kg or more II 
Less than 2 kg but 
more than 500 g 
Less than 5 kg but 
more than 1 kg 
10 kg or more 
Less than 2 kg but 
more than 500 g 
Depleted or natural 
uranium thorium or 
low-enriched fuel 
(less than 10 % fis­
sile content) (e) (f) III 
500 g or less (c) 
1 kg or less (c) 
Less than 10 kg (c) 
10 kg or more 
500 g or less (c) 
(a) All plutonium except that with isotopic concentration exceeding 80 % in plutonium-238. 
(b) Material not irradiated in a reactor or material irradiated in a reactor but with a radiation level equal to or less than 100 rads/hour at one metre 
unshielded. 
(c) Less than a radiologically significant quantity should be exempted. 
(d) Natural uranium, depleted uranium and thorium and quantities of uranium enriched to less than 10 % not falling in category III should be protec­
ted in accordance with prudent management practice. 
(e) Although this level of protection is recommended, it would be open to States, upon evaluation of the specific circumstances, to assign a different ca­
tegory of physical protection. 
(f) Other fuel which by virtue of its original fissile material content is classified as category I or II before irradiation may be reduced one category level 
while the radiation level from the fuel exceeds 100 rads/hour at one metre unshielded. 
31.1.85 Official Journal of the European Communities No C 29/9 
ANNEX B 
REQUEST CONCERNING THE TRANSFER OF PLUTONIUM OR OF URANIUM 
ENRICHED TO OVER 20 % 
1. Enricher or reprocessor 
1.1. Name or trade name 
1.2. Address 
2. Consignee 
2.1. Name or trade name 
2.2. Address 
2.3. Principal activity 
3. Nature of the delivery 
3.1. Total weight of materials 
3.2. Weight of fissile plutonium (or of uranium enriched to over 20 %) 
3.3. Form of materials 
3.4. Approximate delivery schedule 
4. Use of materials 
4.1. Fuel fabrication 
4.1.1. Type of fabrication 
4.1.2. Name, trade name and address of manufacturer 
4.1.3. Fabrication schedule 
4.2. Other uses 
4.2.1. Nature of use 
4.2.2. Name, trade name and address of user 
4.2.3. Timetable for use 
4.3. Final destination 
4.3.1. Nature of final use 
4.3.2. Designation of installation 
4.3.3. Name, trade name and address of final user 
4.3.4. Timetable for final use 
I, the undersigned, certify that the information set out above is, to the best of my knowledge, 
correct. 
Signed at.. . on . .. 
Signature: 
Name and designation of signatory: