Commission Regulation (Euratom) No 302/2005 of 8 February 2005 on the application of Euratom safeguards - Council/Commission statement
Modified by
Commission Regulation (EU) No 519/2013of 21 February 2013adapting certain regulations and decisions in the fields of free movement of goods, freedom of movement for persons, right of establishment and freedom to provide services, company law, competition policy, agriculture, food safety, veterinary and phytosanitary policy, fisheries, transport policy, energy, taxation, statistics, social policy and employment, environment, customs union, external relations, and foreign, security and defence policy, by reason of the accession of Croatia, 32013R0519, June 10, 2013
Commission Regulation (Euratom) No 302/2005of 8 February 2005on the application of Euratom safeguards<TI><P>TABLE OF CONTENTS</P></TI>Commission Regulation (Euratom) No 302/2005 on the application of Euratom safeguardsChapter IScope and definitionsChapter IIBasic technical characteristics and particular safeguard provisionsChapter IIINuclear material accountancyChapter IVTransfers between StatesChapter VSpecific provisionsChapter VISpecific provisions applicable in the territories of the nuclear-weapon member statesChapter VIIFinal provisionsANNEX IQUESTIONNAIRE FOR THE DECLARATION OF THE BASIC TECHNICAL CHARACTERISTICS OF THE INSTALLATIONSI-AREACTORSI-BCRITICAL AND ZERO ENERGY INSTALLATIONSI-CCONVERSION, FABRICATION AND REPROCESSING INSTALLATIONSI-DSTORAGE INSTALLATIONSI-EISOTOPE SEPARATION INSTALLATIONSI-FINSTALLATIONS USING NUCLEAR MATERIAL IN QUANTITIES EXCEEDING ONE EFFECTIVE KILOGRAMI-GINSTALLATIONS CANDIDATE MEMBERS OF THE CATCH ALL MBA (CAM)I-HWASTE TREATMENT OR WASTE STORAGE INSTALLATIONSI-JOTHER INSTALLATIONSANNEX IIGENERAL DESCRIPTION OF THE SITEANNEX IIIINVENTORY CHANGE REPORT (ICR)ANNEX IVMATERIAL BALANCE REPORT (MBR)ANNEX VPHYSICAL INVENTORY LISTING (PIL)ANNEX VIADVANCE NOTIFICATION OF EXPORTS/SHIPMENTS OF NUCLEAR MATERIALANNEX VIIADVANCE NOTIFICATION OF IMPORTS/RECEIPTS OF NUCLEAR MATERIALANNEX VIIIREPORT OF ORE EXPORTS/SHIPMENTSANNEX IXREQUEST FOR DEROGATION OF AN INSTALLATION FROM THE RULES GOVERNING THE FORM AND FREQUENCY OF NOTIFICATIONSANNEX XANNUAL REPORT OR EXPORT REPORT FOR DEROGATED NUCLEAR MATERIALANNEX XIOUTLINE PROGRAMME OF ACTIVITIESANNEX XIIADVANCE NOTIFICATION OF FURTHER WASTE PROCESSING ACTIVITIESANNEX XIIIANNUAL REPORTOF EXPORTS/SHIPMENTS OF CONDITIONED WASTEANNEX XIVANNUAL REPORTOF IMPORTS/RECEIPTS OF CONDITIONED WASTEANNEX XVANNUAL REPORT ON CHANGES OF LOCATION OF CONDITIONED WASTETHE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 77, 78, 79 and 81 thereof,Having regard to the approval of the Council,Whereas:(1)Commission Regulation (Euratom) No 3227/76 of 19 October 1976 concerning the application of the provisions on Euratom safeguardsOJ L 363, 31.12.1976, p. 1. Regulation as last amended by Regulation (Euratom) No 2130/93 (OJ L 191, 31.7.1993, p. 75). defines the nature and extent of the requirements referred to in Articles 78 and 79 of the Treaty.(2)In view of the increasing quantities of nuclear materials produced, used, carried and recycled in the Community, of the development of trade in these materials and of the successive enlargements of the European Union, it is essential to ensure the effectiveness of safeguards. The nature and the extent of the requirements referred to in Article 79 of the Treaty and set out in Regulation (Euratom) No 3227/76 should therefore be brought up to date in the light of developments, particularly in the fields of nuclear and information technology.(3)Belgium, Denmark, Germany, Greece, Spain, Ireland, Italy, Luxembourg, the Netherlands, Austria, Portugal, Finland, Sweden and the European Atomic Energy Community have concluded Agreement 78/164/EuratomOJ L 51, 22.2.1978, p. 1. with the International Atomic Energy Agency in implementation of Article III(1) and (4) of the Treaty on the Non-Proliferation of Nuclear Weapons. Agreement 78/164/Euratom entered into force on 21 February 1977 and was supplemented by Additional Protocol 1999/188/EuratomOJ L 67, 13.3.1999, p. 1., which entered into force on 30 April 2004.(4)Agreement 78/164/Euratom contains a particular undertaking entered into by the Community concerning the application of safeguards on source and special fissile materials in the territories of the Member States which have no nuclear weapons of their own and which are parties to the Treaty on the Non-Proliferation of Nuclear Weapons.(5)The procedures stipulated by Agreement 78/164/Euratom are the result of wide-ranging international negotiations with the International Atomic Energy Agency on the application of Article III(1) and (4) of the Treaty on the Non-Proliferation of Nuclear Weapons. These procedures were approved by the Board of Governors of that Agency.(6)The Community, the United Kingdom and the International Atomic Energy Agency are parties to an Agreement for the application of safeguards in the United Kingdom in connection with the Treaty on the Non-Proliferation of Nuclear WeaponsIAEA document INFCIRC/263 dated October 1978.. That Agreement entered into force on 14 August 1978, and was supplemented by an Additional Protocol which entered into force on 30 April 2004.(7)The Community, France and the International Atomic Energy Agency are parties to an Agreement for the application of safeguards in FranceIAEA document INFCIRC/290 dated December 1981.. That Agreement entered into force on 12 September 1981, and was supplemented by an Additional Protocol which entered into force on 30 April 2004.(8)In the territories of France and the United Kingdom some installations or parts thereof as well as certain materials are liable to be involved in the production cycle for defence needs. Special safeguard procedures should therefore be applied to take account of these circumstances.(9)The European Council at its meeting in Lisbon on 23 and 24 March 2000 stressed the need to foster the development of state-of-the-art information technology and other telecom networks as well as the content for those networks.(10)In response to Additional Protocol 1999/188/Euratom, Member States should be required to communicate certain information to the Commission including a general description of sites, advance notification of the processing of waste and reports on changes of location of certain conditioned waste.(11)Guidelines adopted for the application of this Regulation should fully respect the Community commitments in this field, in particular those resulting from Additional Protocol 1999/188/Euratom and the Additional Protocols to the Agreement for the application of safeguards in the United Kingdom in connection with the Treaty on the Non-Proliferation of Nuclear Weapons and to the corresponding Agreement for France.(12)The provisions on security added to the Commission rules of procedureOJ L 308, 8.12.2000, p. 26. Rules of procedure as last amended by Decision 2004/563/EC, Euratom (OJ L 251, 27.7.2004, p. 9). by Commission Decision 2001/844/EC, ECSC, EuratomOJ L 317, 3.12.2001, p. 1. should apply to information, knowledge and documents acquired by the parties without prejudice to Council Regulation No 3 of 31 July 1958 implementing Article 24 of the Treaty establishing the European Atomic Energy CommunityOJ 17, 6.10.1958, p. 406/58..(13)In the interests of clarity, Regulation (Euratom) No 3227/76 should be replaced by this Regulation,HAS ADOPTED THIS REGULATION: