Specific provisions applicable in the nuclear-weapon Member State
Article 39
1. This Regulation shall not apply: (a) to installations or parts of installations which have been assigned to meet defence requirements and which are situated in the territory of the nuclear-weapon Member State; nor (b) to nuclear materials which have been assigned to meet defence requirements by the nuclear-weapon Member State. 2. For nuclear materials, installations or parts of installations which are liable to be assigned to meet defence requirements and which are situated in the territory of the nuclear-weapon Member State, the extent of the application of this Regulation and the procedures under which it applies are defined in agreement between the Commission and the nuclear-weapon Member State, taking into account Article 84, second paragraph, of the Treaty. Such procedures are without prejudice to the possibility for the Commission’s inspectors to apply safeguards on the civil nuclear materials and to ensure compliance with Article 77 of the Treaty. Such procedures include provisions for installations or parts of installations under decommissioning. By way of derogation, it may be agreed, on a case-by-case basis, that specific records are presented to the Commission’s inspectors instead of the shipping documents referred to in Article 10(1)(a). 3. Notwithstanding paragraphs 1 and 2 of this Article: (a) the provisions of Articles 3(1), 4 and 8 shall apply to installations or parts of installations which at certain times are operated exclusively with nuclear materials liable to be assigned to meet defence requirements but which at other times are operated exclusively with civil nuclear materials; (b) the provisions of Articles 3(1), 4 and 8 shall apply, with exceptions for reasons of national security, to installations or parts of installations to which access could be restricted for such reasons but which produce, treat, separate, reprocess, store or use in any other way, simultaneously, both civil nuclear materials and nuclear materials assigned or liable to be assigned to meet defence requirements; (c) the provisions of Articles 2 and 7, Articles 9 to 37, paragraphs 1 and 2 of this Article and Articles 41, 42 and 43 shall apply in relation to all civil nuclear materials situated in the installations or parts of installations referred to in points (a) and (b) of this paragraph; (d) the provisions of Article 6, Article 34 and Article 35, point (c), shall not apply in the territories of the nuclear-weapon Member State.