Derogations
Article 22
1. An operator may be derogated from the rules governing the frequency of the inventory change reports provided for in Article 14, in order to take account of any particular circumstances in which safeguarded materials are used or produced. A request for such derogation shall be submitted electronically to the Commission by the operator concerned using the format set out in Annex IX. Such derogation may only apply to a whole material balance area in which nuclear material is not processed or stored together with nuclear material for which no derogation is granted. 2. A derogation may apply to a material balance area holding: (a) quantities of nuclear material commensurate with those specified in Annex I-N, which are kept in the same state for long periods; (b) depleted uranium, natural uranium or thorium which is used exclusively in non-nuclear activities; (c) special fissile materials when used in gram quantities or less as sensing components in instruments; (d) plutonium with an isotopic concentration of plutonium-238 exceeding 80 %. 3. The operator and the Member State concerned shall be informed whether the conditions for derogation set out in paragraphs 1 and 2 are met. If those conditions are met, an annual inventory change report shall be transmitted electronically to the Commission by 31 January, using the format set out in Annex III. That report shall describe the situation at 31 December of the previous calendar year. At the same time, a material balance report and a physical inventory listing showing all batches separately shall be transmitted electronically using the formats set out in Annexes IV and V. 4. In addition, in the case of an inventory change occurring during the year in a material balance area to which a derogation applies, the operator concerned shall transmit electronically an inventory change report to the Commission as soon as possible and, at the latest, within 15 days of the end of the month in which the inventory change occurred, using the format set out in Annex III. 5. If the conditions for derogation set out in paragraphs 1 and 2 are no longer met, and after verification with the operator concerned, the operator concerned and the relevant Member State shall be informed that the derogation no longer applies.