Exports and shipments
1. Operators shall give advance notification to the Commission if any source materials or special fissile materials:
(a)
are exported to a third country;
(b)
are shipped from a non-nuclear-weapon Member State to a nuclear-weapon Member State; or
(c)
are shipped from a nuclear-weapon Member State to a non nuclear-weapon Member State.
2. Advance notification shall be required only:
(a)
where the consignment exceeds one effective kilogram;
or
(b)
where an installation transfers a total quantity of materials to the same State that exceeds or may exceed one effective kilogram in any consecutive period of 12 months, even though no single consignment exceeds one effective kilogram.
3. The advance notification shall be given after the conclusion of the contractual arrangements leading to the transfer, using the form set out in Annex VI, and it shall reach the Commission at least 8 working days before the material is to be packed for transfer.
4. Where a prior consent by a third country is required for the transfer, the transfer shall not take place before confirmation by the Commission that such prior consent has been granted.
5. On a reasoned request by the operator, special arrangements concerning the form and transmission of the advance notification may be agreed.
6. Exports and shipments of nuclear material contained in waste or ores are not subject to the provisions of paragraphs 1 to 4.
Imports and receipts
1. Operators shall give advance notification to the Commission if any source materials or special fissile materials:
(a)
are imported from a third country;
(b)
are received in a non-nuclear-weapon Member State from a nuclear-weapon Member State; or
(c)
are received in a nuclear-weapon Member State from a non nuclear-weapon Member State.
2. Advance notification shall be required only:
(a)
where the consignment exceeds one effective kilogram;
or
(b)
where an installation imports or receives a total quantity of materials from the same State that exceeds or may exceed one effective kilogram in any consecutive period of 12 months, even though no single consignment exceeds one effective kilogram.
3. The advance notification shall be given as far in advance as possible of the expected arrival of the material and, at the latest, on the date of receipt, using the form set out in Annex VII, and shall reach the Commission at least 5 working days before the material is unpacked.
4. On a reasoned request by the operator, special arrangements concerning the form and transmission of the advance notification may be agreed.
5. This Article shall not apply to imports and receipts of nuclear material contained in waste or ores.
Loss or delay during transfer
A special report as referred to in Article 16 shall be submitted by the operators notifying a transfer under Article 23 or 24 where, following exceptional circumstances or an incident, they have received information that nuclear materials have been lost or appear to be lost, or where there has been a considerable delay during transfer. In such cases, the special report shall include a description of the incident or circumstances and may also include any further actions taken.
For each installation, further details on the information to be provided may be specified in the particular safeguard provisions referred to in Article 8.
Communication of change of date
Any change of the dates indicated for packing before transfer, transport or unpacking of nuclear materials in the advance notifications referred to in Articles 23 and 24 shall be communicated without delay, with an indication of the revised dates if known, unless that change gives rise to a special report.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
