CELEX: 51984PC0686(02)
Language: en
Date: 1984-12-11
Title: PROPOSAL FOR A COUNCIL REGULATION ADOPTING CRITERIA FOR THE GRANTING OF COMMISSION AUTHORIZATION FOR EXPORTS OF NUCLEAR MATERIALS OUTSIDE THE COMMUNITY

N o 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                                     Whereas this discipline reflects the conditions laid
COMMUNITIES,                                                    down by the guidelines applicable to nuclear exports,
                                                                adopted by all the Member States in the form of
Having regard to the Treaty establishing the                    unilateral commitments and published in document
European Atomic Energy Community, and in                        INFCIRC/254 of the International Atomic Energy
particular Articles 57 (1) and 76 thereof,                      Agency;
Having regard to the proposal from the Commission,              Whereas authorization may be given for the export of
                                                                source materials or special fissile materials outside the
Having regard to the opinion of the             European        Community to a non-nuclear-weapon State if this
Parliament,                                                     discipline has been complied with;
                                                                Whereas the Council should consequently adopt a
Having regard to the opinion of the Economic and                Regulation in this field;
Social Committee,
                                                                Whereas each Member State can subject the exports
Whereas Community control over exports of nuclear               that concern it to additional conditions,
materials outside the Community must apply to
compliance with obligations under international                 HAS ADOPTED THIS REGULATION:
agreements which the Community has concluded,
with solidarity measures that may be decided on by                                       Article 1
the Council and with other specific requirements
arising from the special nature of the materials in             The Commission shall authorize the export of source
question;                                                       materials or special fissile materials outside the
                                                                Community to a non-nuclear-weapon State as
Whereas the Community, where these materials are                defined in Article IX (3) of the Treaty on the Non-
concerned, must confine itself to establishing a                Proliferation of Nuclear Weapons, if such materials
minimum common discipline in the field of exports               and the materials derived therefrom are subject in
with the aim of avoiding consequences detrimental to            that State to the following conditions:
the supply of nuclear materials to the Community;               (a) use for non-explosive purposes;
Whereas an agreement on such discipline was reached             (b) application of the safeguards of the International
between the Member States with regard to transfers                  Atomic Energy Agency;
and    retransfers    to    non-nuclear-weapon      non-        (c) application of measures of physical protection
Community States;                                                    corresponding to the levels set out in the Annex;
                                                                (d) application of the conditions in points (a), (b) and
Whereas this discipline mainly concerns the
                                                                     (c) in the event of retransfer to another non-
commitment to non-explosive use under the safe-
                                                                     nuclear-weapon non-Community State and in the
guards of the International Atomic Energy Agency,
adequate physical protection measures and the                        event of subsequent retransfers of that type.
application of the said conditions in the event of a
retransfer outside the Community;                                                        Article 2
                                                                This Regulation shall enter into force three months
Whereas the prior consent of other States concerned             following its publication in the Official Journal of the
to retransfers outside the Community of plutonium               European Communities.
and of uranium enriched to over 20 % is taken into
account in the Regulation governing the application             This Regulation shall be binding in its entirety and be
of Article 53 (2) of the Treaty;                                directly applicable in all Member States.
 ---pagebreak--- 31.1.85                            Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s         N o C 29/11
                                                             ANNEX
        LEVELS O F PHYSICAL P R O T E C T I O N T O BE APPLIED T O NUCLEAR MATERIALS IN
                                    USE, STORAGE A N D 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.
 ---pagebreak--- No C 29/12                                     Official Journal of the European Communities                                                        31. 1. 85
                                                                            TABLE
                                                           Categorization of nuclear material
                                                                                                                     Category
                                                       Form
                                                                                              I                          II                     III
1. Plutonium (a)                     Unirradiated (b)                              2 kg or more              Less than 2 kg but        500 g or less (c)
                                                                                                             more than 500 g
2. Uranium-235                       Unirradiated (b)
                                    — uranium enriched to 20 %                     5 kg or more              Less than 5 kg but        1 kg or less (c)
                                         235 U or more                                                       more than 1 kg
                                    — uranium enriched to 10 %                               —                10 kg or more            Less than 10kg(c)
                                         235 U but less than 2 0 %
                                    — uranium           enriched       above                                                           10 kg or more
                                         natural, but less than 10 %
                                         235 U ( d )
3. Uranium-233                       Unirradiated (b)                              2 kg or more              Less than 2 kg but        500 g or less (c)
                                                                                                             more than 500 g
4. Irradiated fuel                                                                                           Depleted or natural
                                                                                                             uranium, thorium
                                                                                                             or       low-enriched
                                                                                                             fuel (less than 10 %
                                                                                                             fissile content) (e)
                                                                                                             (f)
(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.