97/873/Euratom: Commission Decision of 12 December 1997 relating to a procedure in application of Article 83 of the Euratom Treaty (XVII-06 - Enusa Juzbado) (Only the Spanish text is authentic)

• Articles: 4

Article 1

Empresa Nacional del Uranio, SA has infringed Article 79 of the Euratom Treaty as implemented by Articles 10, 11 and 24 of Regulation (Euratom) No 3227/76 and in code 3.1.2. of the Commission Decision of 23 March 1995 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 applicable to those operating data which are used to establish changes in the quantities and composition of the nuclear material.

Article 2

1. The Commission issues a warning to Empresa Nacional del Uranio, SA.

2. The warning is imposed with the requirement that the infringements listed in Article 1 be rectified so that they do not recur during future operations.

3. Based on the report referred to in Article 3 and its own verifications the Commission will assess the compliance of Empresa Nacional del Uranio, SA with the requirement set out in paragraph 2.

4. If Empresa Nacional del Uranio, SA does not provide the Commission with the report referred to in Article 3 (1) or if any of the infringements listed in Article 1 are not rectified, the Commission will consider imposing a further sanction.

Article 3

1. Empresa Nacional del Uranio, SA shall provide the Commission within three months of the date of notification of this Decision with an implementation report describing the measures taken to rectify the infringements listed in Article 1, and this in the following fields:

(a) the procedures of personnel training;

(b) the definition of access rights in the computer system used for nuclear materials accountancy;

(c) the internal provisions that influence how to make the proper distinction between empty and full containers;

(d) the procedures and practical tools used for physical verifications of incoming/outgoing material;

(e) the documentation and proper application of any modifications and improvements on points (a) to (d).

2. Following receipt of the report, the Commission's inspectors will verify the implementation of points (a) to (e) mentioned in paragraph 1 in Empresa Nactional del Uranio, SA. The Commission's assessment referred to in Article 2 (3) will be based on these verifications.

3. Empresa Nacional del Uranio, SA will grant the Commission's inspectors, in addition to their rights set out in the Treaty, access to all documents, offices and staff, in order to ensure that the verification as mentioned in paragraph 2 can be completed.

Article 4

1. This Decision is addressed to Empresa Nacional del Uranio, SA, Ctra. Salamanca-Ledesma Km. 26, Apdo. Correos 328, E-37080 Juzbado (Salamanca).

2. This Decision shall be communicated to the Kingdom of Spain.

Done at Brussels, 12 December 1997.

For the Commission

Christos PAPOUTSIS

Member of the Commission

(1) OJ L 363, 31. 12. 1976, p. 1.

(2) OJ L 191, 31. 7. 1993, p. 75.

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