No C 29/10 Official Journal of the European Communities 31.1.85 
Proposal for a Council Regulation adopting criteria for the granting of Commission 
authorization for exports of nuclear materials outside the Community 
COM(84) 686 final 
(Submitted by the Commission to the Council on 20 December 1984) 
(85/C 29/08) 
THE COUNCIL OF THE EUROPEAN 
COMMUNITIES, 
Having regard to the Treaty establishing the 
European Atomic Energy Community, and in 
particular Articles 57 (1) and 76 thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas Community control over exports of nuclear 
materials outside the Community must apply to 
compliance with obligations under international 
agreements which the Community has concluded, 
with solidarity measures that may be decided on by 
the Council and with other specific requirements 
arising from the special nature of the materials in 
question; 
Whereas the Community, where these materials are 
concerned, must confine itself to establishing a 
minimum common discipline in the field of exports 
with the aim of avoiding consequences detrimental to 
the supply of nuclear materials to the Community; 
Whereas an agreement on such discipline was reached 
between the Member States with regard to transfers 
and retransfers to non-nuclear-weapon non-
Community States; 
Whereas this discipline mainly concerns the 
commitment to non-explosive use under the safe­
guards of the International Atomic Energy Agency, 
adequate physical protection measures and the 
application of the said conditions in the event of a 
retransfer outside the Community; 
Whereas the prior consent of other States concerned 
to retransfers outside the Community of plutonium 
and of uranium enriched to over 20 % is taken into 
account in the Regulation governing the application 
of Article 53 (2) of the Treaty; Whereas this discipline reflects the conditions laid 
down by the guidelines applicable to nuclear exports, 
adopted by all the Member States in the form of 
unilateral commitments and published in document 
INFCIRC/254 of the International Atomic Energy 
Agency; 
Whereas authorization may be given for the export of 
source materials or special fissile materials outside the 
Community to a non-nuclear-weapon State if this 
discipline has been complied with; 
Whereas the Council should consequently adopt a 
Regulation in this field; 
Whereas each Member State can subject the exports 
that concern it to additional conditions, 
HAS ADOPTED THIS REGULATION: 
Article 1 
The Commission shall authorize the export of source 
materials or special fissile materials outside the 
Community to a non-nuclear-weapon State as 
defined in Article IX (3) of the Treaty on the Non-
Proliferation of Nuclear Weapons, if such materials 
and the materials derived therefrom are subject in 
that State to the following conditions: 
(a) use for non-explosive purposes; 
(b) application of the safeguards of the International 
Atomic Energy Agency; 
(c) application of measures of physical protection 
corresponding to the levels set out in the Annex; 
(d) application of the conditions in points (a), (b) and 
(c) in the event of retransfer to another non-
nuclear-weapon non-Community State and in the 
event of subsequent retransfers of that type. 
Article 2 
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 be 
directly applicable in all Member States. 
31.1.85 Official Journal of the European Communities No C 29/11 
ANNEX 
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 trustworthiness 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 29/12 Official Journal of the European Communities 31. 1. 85 
TABLE 
Categorization of nuclear material 
1. Plutonium (a) 
2. Uranium-235 
3. Uranium-233 
4. Irradiated fuel Form 
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 % 
fissile content) (e) 
(f) III 
500 g or less (c) 
1 kg or less (c) 
Less than 10kg(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.