90/413/Euratom: Commission Decision of 1 August 1990 relating to a procedure in application of Article 83 of the Euratom Treaty (XVII-001 - ANF Lingen) (Only the German text is authentic)

• Articles: 4

Article 1

Advanced Nuclear Fuels GmbH has infringed Article 79 of the Euratom Treaty as defined in Articles 10, 11 and 24 of Regulation (Euratom) No 3227/76 of 19 October 1976 and in code 3.1.2 of the Commission Decision of 5 June 1985 on particular safeguards provisions, through:

(a) its failure to give advance notification of an export;

(b) its breach of the regulations on recording inventory changes;

(c) its breach of the regulations on operating records regarding:

- changes in quantities,

and

- changes in the composition of nuclear material. Article 2

1. Advanced Nuclear Fuels GmbH shall be placed under administration for a period of four months, and only as regards aspects connected with the safeguards mentioned in Chapter VII, Title Two, of the Treaty.

2. The placing under administration shall in no way affect the responsibility of the undertaking under national or international law.

Article 3

The task of administration set out in Article 2 shall consist of:

- checking and, if necessary, amending the internal regulations in the field of safeguards,

- supervising their implementation and monitoring their application.

2. In order to perform this administrative task, the person(s) appointed:

- shall have access to all documents and offices,

- shall have the power to give any instructions whatsoever to the management or staff of the undertaking,

- shall have the right to solicit or request any help from outside sources which may be required for the satisfactory performance of the above task.

3. An assessment report shall be presented to the Commission within eight days of the completion of the task.

Article 4

The appointment of the person or the board, as the case may be, assigned the tasks described in Article 3 shall be carried out by common accord of the Commission and the Federal Republic of Germany by 15 August 1990.

The Commission shall notify the undertaking of the name(s) of the person(s) thereby appointed on the day after their appointment.

Article 5

1. This Decision is addressed to Advanced Nuclear Fuels GmbH - Industriepark Sued - Postfach 1465 - D-4450 Lingen (Ems) 1.

2. This Decision shall be communicated to the Federal Republic of Germany.

Done at Brussels, 1 August 1990.

For the Commission

António CARDOSO E CUNHA

Member of the Commission

(1) OJ No L 363, 31. 12. 1976, p. 1.

(2) OJ No L 22, 27. 1. 1990, p. 56.

(1) See Article 36 (o) of Regulation (Euratom) No 3227/76.