CELEX: 51993PC0294
Language: en
Date: 1993-06-24
Title: 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

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)
 ---pagebreak---                                      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
 ---pagebreak---                                  - 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.
 ---pagebreak---                                  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
 ---pagebreak---                                                        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.
 ---pagebreak---                        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,
 ---pagebreak---                                                    •4
                                                   1
Whereas Regulation (Euratom) No 3227776 ( ) 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, 2 7 . 1 . 1 9 9 0 , p. 56).
 ---pagebreak--- 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
 ---pagebreak---                                               %
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                                                              COM(93) 294 final
                                                      DOCUMENTS
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