COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(93) 294 final 
Brussels, 24 June 1993 
Draft 
COUNCIL DECISION 
approving the amendment by the Commission of Commission 
Regulation (Euratom) No. 3227/76 of 19 October 1976 
concerning the application of the provisions 
on Euratom safeguards 
(presented by the Commission) 
I-
EXPLANATORY MEMORANDUM 
I . Introduction 
1. On 16.12.92 the Commission sent a Communication to the Council -
document reference SEC(92)2360 final, dated 15.12.1992, -
concerning the amendment to Commission Regulation No. 3227/76. 
2. Under point 7 of that communication It was stated that: 
"The Commission accordingly Invites the Council: 
I) to take note of, and endorse, the Commission's Intention to 
amend Commission Regulation (Euratom) No. 3227/76 of 19.10.1976 
on the lines described above-, 
ii) to take note that, after the Commission has decided to adopt a 
Regulation amending Regulation No. 3227/76 Its terms will be 
transmitted to the Council for approval." 
11. General Observations and Comments 
3. With respect to point 7 (I) of the Communication referred to above, 
the amendment was examined at several meetings of the Council's 
Atomic Questions Group. There was agreement on the matter at the 
Group meeting of 21.4.93; Commission statements for the Council 
minutes were also tabled at that time (see annex to this 
Communication for Information thereon). The Permanent 
Representatives Committee, at Its meeting of 12.5.93, took note of 
and endorsed the Commission's Intention to amend Regulation No. 
3227/76 as well as the draft text (terms) of the amendment. 
4. The Commission has decided to adopt this amendment to Regulation 
No. 3227/76 and hereby transmits It to the Council for approval 
pursuant to point 7 (II) of the Communication referred to above. 
5. The amendment to the Regulation will enable the Commission legally 
to transmit certain additional safeguards data to the I.A.E.A. and 
thus demonstrate the commitment of the Community and its Member 
States to contlbute to the strengthening of the International 
safeguards and non-proliferation regimes. A "Note Verbale" of 
- 2 -
November 1992 from Community Member States and from the Commission has 
Informed the I.A.E.A. of the Intention voluntarily to communicate 
additional information on production, Inventories and International 
transfers of nuclear material and on exports of certain relevant 
equipment and non-nuclear material, In order to assist the I.A.E.A. In 
the discharge of Its safeguards responsibilities. 
iii.conclusion 
6. The Commission hereby invites the Council to adopt the Decision 
attached In Annex. 
Draft 
COUNCIL DECISION 
approving the amendment by the Commission of Commission 
Regulation (Euratom) No. 3227/76 of 19 October 1976 
concerning the application of the provisions 
on Euratom safeguards 
THE COUNCIL OF THE EUROPEAN COMMUNITIES 
Having regard to the Treaty establishing the European Atomic Energy 
Community, and, In particular, Article 79 thereof, 
Having regard to the draft Decision presented by the Commission, 
WHEREAS, In order to support the International Atomic Energy Agency 
(I.A.E.A.) in strengthening International safeguards, It is desirable 
to enable the Commission to transmit certain safeguards data to the 
I.A.E.A., 
WHEREAS to that end the adoption by the Commission of an amendment to 
Commission Regulation (Euratom) No. 3227/76 should be approved 
HAS DECIDED AS FOLLOWS: 
SOLE ARTICLE 
The amendment by the Commission of Commission Regulation (Euratom) No. 
3227/76 of 19 October 1976 concerning the application of the provisions 
on Euratom safeguards is hereby approved. 
The text of the amendment Is attached to this Decision. 
Done In Brussels For the Council 
The President 
Attachment 
PROPOSED COMMISSION STATEMENTS TO ENTER IN THE COUNCIL MINUTES 
Re Article 1 (paragraph 1) 
The Commission emphasises the value of the existing practice of holding 
Informal discussions between operators, the Member States and the 
Commission on safeguards related issues arising from the design of 
proposed Installations as designs are developed so as to facilitate the 
safeguards implementation In due time. This co-operation will, as In 
the past, include the I.A.E.A., when appropriate. 
In this context, reference Is made to the I.A.E.A. document GOV 
2554/Attachment2/Rev.2 dated 1 April 1992. 
Re Article 1. paragraph 2 (Article 34 bis) 
Additional information and data (being that referred to in the Note 
Verbale presented to the I.A.E.A. In November 1992 by each Member State 
and recorded In I.A.E.A. document I NFC IRC 415) which may not be 
available to the Commission by virtue of the Regulation and is not 
required to be communicated to the I.A.E.A. under a safeguards 
agreement with the I.A.E.A. may be provided to the Commission by the 
Member States. The Commission undertakes to communicate such 
additional information and data to the I.A.E.A. at the request of a 
Member State. 
The modalities of such communication and the content will be specified 
In consultation between the Commission and the Member State concerned. 
COMMISSION REGULATION (EURATOM ) No /93 
of 1993 
amending Regulation (Euratom) No 3227/76 concerning 
the application of the provisions on Euratom safeguards 
THE COMMISSION OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Atomic Energy Community and in 
particular Article 79 thereof. 
Having regard to the approval of the Council, 
•4 
Whereas Regulation (Euratom) No 3227776 (1) defines the nature and the extent of the 
requirements referred to in Article 79 of the Treaty; 
Whereas Regulation (Euratom) No 3227/76 requires persons and undertakings to 
communicate technical and operational information and data to the Commission; 
Whereas, in order to support the International Atomic Energy Agency (IAEA) in strengthening 
international safeguards, it is desirable to enable the Commission to transmit certain 
safeguards data to the IAEA; 
Whereas, as regards the basic technical characteristics of new installations, it is appropriate, 
in the interest of their timely transmission to the IAEA, to extend the period within which 
they shall be declared to the Commission, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation (Euratom) No 3227/76 shall be amended as follows: 
1) The second paragraph of Article 2 shall be replaced by the following: 
"The basic technical characteristics of new installations shall be declared as laid down in 
Article 1 at least 200 days before the first consignment of nuclear material is due to be 
received. 
Furthermore, for new installations with an inventory or annual throughput of nuclear 
material, whichever is the greater, of more than one effective kilogramme, the owner, 
operator, purpose, location, type, capacity and expected commissioning date shall be 
declared at least 200 days before construction begins".; 
0) OJ No L 363, 31.12.1976, p. 1. Regulation as last amended by Regulation (Euratom) 
No 220/90 (OJ No L 22, 27.1.1990, p. 56). 
2) The following Article shall be inserted: 
"TRANSMISSION OF INFORMATION AND DATA 
Article 34 bis 
The Commission may transmit to the International Atomic Energy Agency information 
and data obtained pursuant to this Regulation.". 
Article 2 
This Regulation shall enter into force fifteen days after 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. 
Done at Brussels, 
For the Commission 
The President 
% 
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COM(93) 294 final 
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ISBN 92-77-57022-9 
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