CELEX: 51976PC0354
Language: en
Date: 1976-07-06
Title: PROPOSAL FOR A COUNCIL REGULATION containing provisions to enable the International Atomic Energy Agency to carry out inspections and verifications in the territories of the Member States of the European Atomic Energy Community (Submitted by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (76) 354
Vol. 1976/0105
 ---pagebreak--- Disclaimer
Conformément 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
règlement.
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 Economic
Community and the European Atomic Energy Community (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 Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 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.
 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                      COM ( 76 ) 354 final
                            \                         Luxemburg, 6th July 1976
                       .
                                 <
                         PROPOSAL FOR A COUNCIL REGULATION
        V
    containing provisions to enable the International Atomic Energy Agency
to carry out inspections and verifications in the territories of the Member
                States of the European Atomic Energy Community
                     ( Submitted by the Commission to " the Cpuncil )
 COM ( 76 ) 354 final
 ---pagebreak---                COMMUNICATION TO THE COUNCIL
Subject ; Proposal for a Council Regulation containing provisions
           to enable the International Atomic Energy Agency to
           carry out inspection and verification activities in the
           territories of the Member States of the European Atomic
           Energy Community
        The safeguards agreement signed on 5 April 1973 by the Euro­
pean Atomic Energy Community , the seven Community non-nuclear weapon
States , and the International Atomic Energy Agency in implementation
of the Treaty on the Non-Proliferation of Nuclear Weapons is due to
enter into force in the near future .
        This agreement comprises a number of obligations which are
incumbent , in most cases , on the Community as such ", but which in
certain cases are incumbent directly upon each Member State party
to the agreement . Thus each of these States is , in particular ,
obliged to accept the inspection and verification activities which
the Agency is entitled to carry out under the terms of the agreement .
        In order to meet this obligation , the States should take the
necessary legislative and administrative measures to enable the
Agency to exercise its rights . Obviously it is in the interest of
all parties to the agreement that the provisions adopted for this
purpose at national level be as homogeneous as possible , in order
to avoid any discrimination or disparity of treatment and to ensure
uniform implementation of the agreement in all countries where it
has to be applied .
        One of the most efficient ways of ensuring this would be to
lay down , at Community level , rules designed to enable the Agency
to exercise its rights effectively in all the States party to the
agreement . These rules might be adopted in accordance with the pro­
visions of Article 203 of the Euratom Treaty .
 ---pagebreak---                                   - 2 -
        Furthermore , in addition to the seven Member States mentioned
above , another Member Country which is a nuclear-weapon State has
just concluded a similar safeguards agreement with the EAEC and the
IAEA on a voluntary basis . Other particular safeguards agreements
might be concluded at some time in the future by the Member State
which has not so far concluded any such agreements .
        It seems appropriate , therefore , for the same reasons as those
mentioned above , that the rules adopted at Community level should
also be applicable in the two Community nuclear-weapon States to the
extent that this is called for by the particular safeguarding obli­
gations that those States have assumed or might assume .
        In conclusion , the Commission considers that in the present
instance all the conditions for the implementation of Article 203
of the Euratom Treaty are fulfilled , and proposes that the Council
adopt the Regulation which is enclosed in draft .
 ---pagebreak---                     D R A F T
Proposal for a Council Regulation containing provisions to
enable the International Atomic Energy Agency to carry out
inspection and verification activities in the territories
of the Member States of the European Atomic Energy Community
The Council of the European Communities
Having regard to the Treaty establishing the European Atomic
Energy Community , and in particular Article 203' thereof ,
Having regard to the proposal from the Commission ,
Having regard to the Opinion of the European Parliament ,
Whereas , pursuant to Article 2(e ) of the Treaty , the Community
is required to ensure , through appropriate safeguards , that
nuclear materials are not diverted to purposes other than
those for which they were intended ;
Whereas , pursuant to Article 2(h ) of the Treaty , the Community
is likewise required to establish all such relations with in­
ternational organizations as are likely to further progress in
the use of nuclear energy for peaceful purposes ;
 ---pagebreak---                              - 2 -
Whereas , with a view to contributing to the achievement of
these objectives , the Community , together with the Kingdom
of Belgium , the Kingdom of Denmark , the Federal Republic of
Germany , Ireland , the Italian Republic , the Grand Duchy of
Luxembourg , and the Kingdom of the Netherlands ( hereinafter
referred to as "Member States parties to the Agreement ")
have concluded with the International Atomic Energy Agency
( hereinafter referred to as " the Agency ") an Agreement in
implementation of Article III ( 1 ) and ( k ) of the Treaty on
the Non-Proliferation of Nuclear Weapons ( hereinafter re­
ferred to as " the Agreement ");
Whereas this Agreement establishes the right of the Agency
to carry out , in accordance with the procedures and condi­
tions set out in the Agreement , inspection and verification
activities in the territories of the Member States parties
to the Agreement ;
Whereas , in order to avoid any discrimination or disparity
of treatment and ensure uniform implementation of the provi­
sions of the Agreement in all the Member States parties to
the Agreement , rules must be laid down at Community level to
enable the Agency to exercise this right ;
Whereas , for the same reasons , it is likewise necessary to
establish , at Community level , sanctions and measures of
restraint to ensure the effective exercise of the Agency 's
right ;
Whereas , for the same reasons , rules must be laid down at
Community level to enable the Agency to carry out inspection
and verification activities in the territories of the Member
 ---pagebreak--- States not party to the Agreement , to the extent that this is
called for by the particular safeguarding agreements concluded
between those Member States , the Community and the Agency ;
Whereas the adoption of such rules by the Community therefore
proves necessary to attain the aforementioned objectives of the
Treaty ,
Whereas the Treaty has not provided the necessary powers ,
               has adopted this regulation :
                     Article 1
This Regulation is applicable to persons or undertakings who
manufacture , use or store , in any way whatsoever , source ma­
terials or special fissionable materials ( hereinafter referred
to as " the persons or undertakings ") in the territories of the
Member States parties to the Agreement .
This Regulation is applicable likewise to persons or undertakings
in the territories of Member States not parties to the Agreement
in so far as they manufacture , use or store , in any way whatso­
ever , source materials or special fissionable materials subject
to safeguards under particular agreements ( hereinafter referred
to as " the Particular Agreements") concluded between those States ,
the Community and the Agency , subject to the publication in the
Official Journal of the European Communities of a Communication
to this effect from the Commission .
 ---pagebreak---                        Article 2
 The persons and undertakings shall permit and facilitate
 Agency inspection and verification activities in accor­
 dance with the provisions of this Regulation .
                       Article 3
 The persons and undertakings shall permit the Agency to
 carry out inspections for the purpose of verifying the fun­
 damental technical characteristics of the facilities speci­
 fied in Articles 2 to k of Commission Regulation
(hereinafter referred to as " the Commission Regulation").
                       Article k
 The   persons and undertakings shall permit the Agency to make
 ad hoc inspections to verify the information supplied by the
 Commission on the basis of the initial report provided for
 in Article 12 of the Commission Regulation , and any changes
 that have occurred between the date of the initial report and
 the date of entry into force of the Subsidiary Arrangements
 to the Agreement or the Particular Agreements , in so far as
 they   relate to the persons and undertakings aforesaid .
 For this purpose , the persons and undertakings shall grant
 Agency inspectors access to the strategic points specified
 in the particular safeguard provisions adopted by the Commis­
 sion , or , in default of such provisions , to all locations where
 source or special fissile material is to be found .
 ---pagebreak---                                  - 5 -
                      Article 5
                              r                         »
The persons and undertakings shall permit the Agency to carry
out ad hoc inspections in order to identify , and if possible
verify the quantity and composition of , source materials or
special fissionable materials imported or designated for ex­
portation , which have been declared in accordance with Articles
18 and 19 of the Commission Regulation .
For this purpose , the persons and undertakings shall grant the
Agency 's inspectors access to any location notified to    the
Commission in accordance with Articles l8c ), 3rd indent , or 19c ),
2nd indent .
                      Article 6
The persons and undertakings shall permit the Agency to make
routine inspections in order to :
a ) verify that the information supplied to it by the Commission
    on the basis of the reports specified in Articles 13 and 17
    of the Commission Regulation are consistent with records }
b ) verify the location , identify , quantity and composition of
    all source materials and special fissionable materials ;
c ) verify information on the possible causes of material un­
    accounted for , shipper/receiver differences and uncertain­
    ties in the book inventory .
For this purpose , the persons and undertakings shall grant the
Agency inspectors access to the strategic points referred to
in Article k of this Regulation- as well as to the accounting
 ---pagebreak---                                 - 6 -
records kept in accordance with Articles 8 to 10 of the
Commission Regulation .
In respect of facilities and material balance areas outside
facilities with a content or annual throughput , whichever is
the greater , of nuclear material not exceeding five effective
kilograms , the Agency may carry out one routine inspection
per year under the provisions of this Article .
In all other cases , the frequency and intensity of the Agency 's
inspections under the provisions of this Article shall be in­
dicated in the particular safeguard provisions referred to in
Article *+ of this Regulation .
                     Article 7
The persons and undertakings shall permit the Agency to carry
out special inspections , in addition to the routine inspections
provided for in Article 6 of this Regulation , in the following
cases  :
a ) in order to verify the information contained in the special
    reports provided for in Article 16 of the Commission Regu­
    lation ;
b ) if the Agency considers that the information made available
    by the Commission including explanations from the Commission
    and information obtained from routine inspections , is not
    adequate for the Agency to fulfil its responsibilities under
    the Agreement or under the Particular Agreements .
In the cases mentioned above , the persons and undertakings shall
furthermore grant the Agency access to locations or information
 ---pagebreak---                                 - 7 -
other than those referred to in Articles A to 6 , if this is
provided for by an individual decision of the Commission .
                     Article 8
Without prejudice to Articles 10 and 11 of this Regulation ,
the persons and undertakings shall permit the Agency inspectors
to carry out the following activities within the context of the
inspections provided for in Articles k to 7 •
a ) examine the records kept pursuant to Articles 8 to 10 of
    the Commission Regulation ;
b ) make independent measurments of all source materials and
    special fissile material ;
c ) verify the functioning and calibration of instruments and
    other measuring and control equipment ;
d ) apply and make use of surveillance and containment measures ;
e ) use other objective methods which have been demonstrated to
    be technically feasible .
The persons and undertakings shall enable Agency inspectors
engaged in these activities to :
a ) observe that samples at key measurement points for material
    balance accountancy are taken in accordance with procedures
    which produce representative samples ;
b ) observe the treatment and analysis of the samples ;
c ) obtain duplicates of the samples drawn from the same randomly
    selected batches or items as those intended for the Community ,
    and taken together with Community samples ;
 ---pagebreak---                                  - 8 -
d ) observe that the measurements of nuclear material at key
    measurement points for material balance accountancy are
    representative ;
e ) observe the calibration of the instruments and equipment
    involved .
The persons and undertakings shall furthermore allow Agency
inspectors to use or install Agency equipment for independent
measurement and surveillance , and to apply seals and other
identifying and tamper-indicating devices to containments , if
such is provided in the particular safeguard provisions re­
ferred to in Article 4 of this Regulation .
                       Article 9
Within the scope of the inspections carried out under the pro­
visions of Articles 4 to 7 of this Regulation , and without pre­
judice to Articles 10 and 11 , the persons and undertakings   in
so far as provision for this is made in the particular safe­
guard provisions referred to in Article 4 of this Regulation
shall ensure that    :
a ) additional measurements are made and additional samples taken
    for the Agency 's use ;
b ) the Agency 's standard analytical samples are analysed ;
c ) appropriate absolute standards provided by the Agency are
    used for the calibration of instruments and other equipment ;
d ) other calibrations are carried out at the Agency 's request ;
e ) samples taken for the Agency 's use are duly shipped .
 ---pagebreak---                       Article 10
Without prejudice to Article 13 of this Regulation , the persons
and undertakings shall permit the Agency inspectors to carry
out the inspections provided for in this Regulation at the same
time as the inspections carried out by the Community *,
Without prejudice to Article 13 of this Regulation , the persons
and undertakings shall permit the Agency inspectors , in the course
of the ad hoc and routine inspections provided for in Articles k
to 6 of this Regulation to carry out the activities specified in
Articles 8 and 9 through the observation of certain inspection
activities of the Commission 's inspectors .
The persons and undertakings shall nevertheless permit the Agency
inspectors to carry out independent inspection activities in the
course of routine espections if one of the following conditions
is fulfilled :
a ) the activity is provided for in the particular safeguard pro­
    visions referred to in Article 4 of this Regulation ;
b ) if , in the course of an inspection , the Agency inspectors
    declare that they find it essential and urgent that indepen­
    dent activities be undertaken , if the Agency cannot otherwise
    achieve the purposes of its routine inspections and if this
    was unforeseeable .
The persons and undertakings shall likewise permit Agency ins­
pectors to carry out independent inspection activities during
ad hoc inspections if , in the course of such an inspection , they
affirm that this is necessary to enable the Agency to fulfil the
objectives of its ad hoc inspections .
 ---pagebreak---                                 - 10 -
                     Article 11
The persons  and undertakings are not required to permit Agency
inspectors , in the course of their inspection activities , to
operate any  facility themselves , nor to direct the staff of a
facility to  carry out any operation .
If so requested by the Agency inspectors , the persons and under­
takings shall give instructions for the carrying out of any o­
peration necessary for the implementation of Articles 8 and 9
cf this Regulation .
                     Article 12
In unusual circumstances , and in particular at the request of
the persons and undertakings or the Member State concerned , the
Commission may limit the Agency 's right of access by individual
decision .
                     Article 13
The persons and undertakings shall permit the Agency to make
inspections :
- which are of greater frequency and intensity than the inspec­
  tions provided for in the third and fourth paragraphs of Article
  6 of this Regulation ;
- which entail more extensive rights of access than those spe­
  cified in the particular safeguard provisions referred to in
  Article k of this Regulation ,
  and
 ---pagebreak---                                 - 11 -
- which differ in procedure from those specified in Article 10
  of this Regulation ,
if provision for this is made by an individual decision of the
Commission in cases where the conditions set out in Article 13
of the Protocol to the Agreement or to the Particular Agreement
w ould not be fulfilled .
                     Article 1H
The persons and undertakings shall grant Agency inspectors
access to the facilities in accordance with the provisions of
this Regulation on presentation of an Agency document establi­
shing their authority , and also a Commission document indicating
that the inspectors in question have been accepted by the Com­
mission and the Member States .
                     Article 15
Where a person or undertaking is opposed to the carrying out of
an Agency inspection , the Commission , if it finds that the ins­
pection is in conformity with this Regulation , shall issue within
three days , or immediately if there danger in delay , a written
order in the form of an individual decision , to proceed with the
inspection .
After the decision has been issued , the national authorities of
the State concerned shall ensure that the Agency inspectors have
access to the places specified in the decision .
If the Commission refrains from adopting the decision provided
 ---pagebreak---                                 - 12 -
for in this Article , and if there is danger in delay , the Member
State concerned may compel the person or undertaking to permit
the Agency 's inspection if it finds that this inspection is
essential in order to fulfil the obligations it has undertaken
under the Agreement or the Particular Agreements .
                     Article 16
Article 83 of the Treaty establishing the EAEC applies to infringe­
ments on the part of the persons or undertakings of the obligations
imposed on them by this Regulation .
                     Article 17
The Commission , within the time limits provided for in the Subsi­
diary Arrangements to the Agreement    or the Particular Agreements ,
shall inform the Member States of :
a ) the results of the Agency 's inspections ;
b ) the conclusions the Agency has drawn from its verification ac­
    tivities .
                     Article 18
The particular safeguard provisions referred to in Article k of
this Regulation shall be issued by individual decision of the
Commission , after a hearing has been given to the person or un­
dertaking concerned and to the Member State concerned .
The individual decisions provided for in Articles 7 , 9i 12 , 13
and 15 of this Regulation shall be taken by the Commission after
 ---pagebreak---                                - 13 -
a hearing has been given to the person or undertaking concerned
and to the Member State concerned , except where there is danger
in delay .
The person or undertaking affected by an individual Commission
decision within the meaning of this Regulation shall receive
notification theroef , and a copy of the notification shall be
forwarded to the Member State concerned .
The individual decisions of the Commission provided for in this
Regulation shall be in accordance with the relevant provisions
of the Agreement or the Particular Agreement and with the Subsi­
diary Arrangements .
                                                 4
                     Article 19
The Member States concerned shall have the right to send their
representatives to participate in the Agency inspections provided
for in this Regulation .
This Regulation shall be binding in its entirety and directly
applicable in all Member States .