1. Any operator of an installation referred to in Article 2, point (27)(c) in the territory of a Member State shall declare the basic technical characteristics of the installation to the Commission, using the questionnaire in Annex I-Q, at least 120 days before the extraction of ores commences, and shall communicate the programme of activities in accordance with Article 7.
2. By way of derogation from Articles 9, 10 and 11, any operator extracting or keeping ores shall keep accounting records indicating, in particular, the quantities of ores extracted, with the average uranium and thorium content, and the stock of extracted ores at the mine. The records shall also contain details of shipments, stating the date, consignee and quantity in each case.
Such records shall be retained for at least 5 years.
3. Any operator of an installation referred to in Article 2, point (27)(c), in the territory of a State acceding to the European Union shall declare to the Commission the basic technical characteristics of that installation within 30 days of the date of entry into force of this Regulation in that State.
By way of derogation from Articles 12 to 19 and Article 21, any operator extracting ores or keeping ores shall report to the Commission, using the form set out in Annex VIII, on:
(a)
the amount of material dispatched from each mine, by 31 January of each year for the previous calendar year;
and
(b)
exports of ores to third countries, by the date of the dispatch at the latest.
Any person or undertaking engaged, within the territories of the Member States, in transporting, or temporarily storing during transport, nuclear materials shall accept or hand over such nuclear materials only against a duly signed and dated receipt. This receipt shall state the names of the parties handing over and receiving the nuclear materials and indicate the quantities carried as well as the category, form and composition of the nuclear materials.
If so required for reasons of physical protection, the description of the nuclear materials transferred may be replaced by a suitable identification of the consignment. Such identification shall be traceable to records held by the operators shipping and receiving the nuclear materials.
Those records shall be retained by the contracting parties for at least 5 years.
Substitute records for carriers and temporary storage agents
Records already held by persons or undertakings in accordance with existing regulations which apply to them in the territory of the Member States in which they operate may be considered as being the records referred to in Article 29, provided that such records contain all the information required under that Article.
Any intermediaries taking part in the conclusion of any contract for the supply of nuclear materials, such as authorised agents, brokers or commission agents, shall keep all records relating to the transactions performed by them or on their behalf for at least 5 years after expiry of the contract. Such records shall contain the names of the contracting parties and indicate the date of the contract as well as the quantity, category, form, composition, origin and destination of the materials.
1. Any operator in the territory of a State acceding to the European Union holding nuclear material in conditioned waste on which IAEA safeguards were terminated shall provide to the Commission, within 30 days of the date of entry into force of this Regulation in that State, an initial stock list of all such nuclear material by category.
2. Any operator treating or storing nuclear material that has previously been declared as retained or conditioned waste, shall keep accounting records thereof.
By way of derogation from Articles 9 to 13, Article 15 and Article 19(1) for material that has been previously declared as retained waste and from Articles 9 to 15 and Article 19(1) for material that has previously been declared as conditioned waste, those records shall include:
(a)
the operating data used to determine changes in the quantities and composition of nuclear material;
(b)
a stock list to be updated yearly after the physical inventory taking;
(c)
a description of the sequence of actions taken to prepare for and take a physical inventory, and to ensure that the inventory is correct and complete;
(d)
a description of the actions taken in order to ascertain the cause and magnitude of any accidental loss that might have occurred;
(e)
all stock changes, so that the book inventory can be established when requested.
Specific reporting requirements for the processing of waste may be specified in the particular safeguard provisions referred to in Article 8.
Operators shall give advance notification to the Commission of any processing campaign of material that has previously been declared as retained or conditioned waste, excluding repackaging or further conditioning without separation of elements.
That advance notification shall include information on the amount of plutonium, high enriched uranium and uranium-233 per batch, the form, such as glass or high active liquid, the expected duration of the campaign, and the location of the material before and after the campaign. Such notification shall be communicated electronically to the Commission using the form set out in Annex XII, at least 200 days before the campaign starts.
Operators shall submit electronically by 31 January annual reports on:
(a)
shipments or exports of conditioned waste to an installation within or outside the territories of the Member States, using the form set out in Annex XIII;
(b)
receipts or imports of conditioned waste from an installation within or outside the territories of the Member States, using the form set out in Annex XIV;
(c)
changes in location of conditioned waste containing plutonium, high enriched uranium or uranium-233, using the form set out in Annex XV.
1. Safeguards under this Regulation may be terminated on nuclear material as follows:
(a)
nuclear material which is measured or estimated on the basis of measurements, and which has been irrevocably discarded to the environment as the result of a planned discharge; for this purpose, discards to the environment shall be declared in the inventory change report referred to in Article 14;
(b)
nuclear material considered as irrecoverable for practical or economic reasons which is incorporated in end products used for non-nuclear purposes such as alloys or ceramics; for this purpose, termination of use shall be declared in the inventory change report referred to in Article 14;
(c)
nuclear material contained in waste in very low concentrations measured or estimated on the basis of measurements, even if these materials are not disposed of; for this purpose, termination of safeguards shall be declared in the inventory change report referred to in Article 14;
(d)
nuclear material contained in conditioned waste in very low concentrations, which is already disposed of. For this purpose, termination of safeguards shall be declared in the inventory change report referred to in Article 14.
2. For termination of safeguards under paragraph 1, points (b), (c) and (d), a reasoned and justified request shall be transmitted by an operator to the Commission. The operator concerned and the relevant Member State shall be informed whether the conditions for termination of safeguards are met.
1. A national LOF, comprising individual holders of small amounts of nuclear material (‘smallholders’) within that Member State, may be put in place upon a request by the responsible authority of a Member State to the Commission. Several national LOFs may be put in place in a Member State.
2. The responsible authority shall supervise the national LOF and ensure implementation of Articles 3 to 7, 12 to 19, 21 and 23 to 26.
3. The combined inventory of source material and special fissile material in a national LOF shall not exceed one effective kilogram.
4. The declaration of the basic technical characteristics of the national LOF shall be submitted by the responsible authority to the Commission using the questionnaire in Annex I-M. Any update shall be submitted, at the latest, when transmitting the physical inventory listing referred to in Article 15.
5. The declaration of the basic technical characteristics shall describe how responsibilities are shared between the responsible authority and individual smallholders for the purpose of implementing Articles 9 to 11.
6. For the purpose of implementing Articles 9, 14 and 15, the responsible authority shall take appropriate measures to ensure that:
(a)
the physical inventory is taken by all individual smallholders comprising the national LOF and the data from the smallholders reflect the actual inventory at the date of the physical taking determined by the responsible authority;
(b)
the physical inventories of each individual smallholder can be identified in the physical inventory listing transmitted to the Commission;
(c)
the accounting reports are substantiated with the relevant operating records referred to in Article 10(1);
(d)
the provisions of this Regulation are effectively implemented within the scope of the national LOF.
1. The provisions of this Regulation, and in particular Article 6(1), Article 34 and Article 35, point (c), shall be applied in conformity with the obligations of the Community and non-nuclear weapon Member States under Additional Protocol 1999/188/Euratom.
2. The provisions of this Regulation, and in particular Articles 19, 20, 23 and 24 shall be applied in conformity with NCAs in force between the Community and third countries and in such a way that the Commission can fulfil the Community obligations on nuclear materials under such NCAs.
3. The provisions of this Regulation, and in particular Articles 9 to 18, 22 to 26 and 36, shall be applied in conformity with the obligations of the Community and its Member States under any Safeguards Agreements concluded with the International Atomic Energy Agency.
