Particular safeguard provisions
Article 8
1. Acting on the basis of the declaration of the basic technical characteristics, the Commission adopts particular safeguard provisions relating to the matters set out in paragraph 2. Those particular safeguard provisions may be revised at the request of the Member State concerned. For installations referred to in Article 2, point (27)(a), the particular safeguard provisions shall be drawn up by means of a Commission decision addressed to the operator concerned, taking account of operational and technical constraints and after close consultation with the operator concerned and the relevant Member State. For installations referred to in Article 2, point (27)(b), a single Commission decision addressed to several or all operators concerned may be drawn up, setting out the particular safeguard provisions. These particular safeguard provisions shall be set out after close consultation with the operators concerned and the relevant Member State. The operator to whom a decision of the Commission is addressed shall be notified thereof, and a copy of such notification shall be transmitted to the relevant Member State. 2. For installations referred to in Article 2, point (27)(a), the particular safeguard provisions shall include the following: (a) the material balance areas and the selection of key measurement points for determining the flow and stocks of nuclear materials; (b) the changes in basic technical characteristics for which advance notification is required; (c) the procedures for keeping records of nuclear materials for each material balance area and for drawing up reports; (d) the frequency of, and procedures for, taking physical inventories for accounting purposes as part of safeguards measures; (e) the containment and surveillance measures, in accordance with the arrangements agreed upon with the operator concerned; (f) the arrangements for sample-taking by the operator solely for safeguards purposes; (g) the list of essential equipment for the installation. For installations referred to in Article 2, point (27)(b), the particular safeguard provisions may be limited to points (a), (c) and (d) of the first subparagraph of this paragraph. 3. The particular safeguard provisions may also specify: (a) the content of subsequent communications required under Article 7 or 16; (b) the conditions under which the provisions of this Regulation apply, in particular the conditions under which shipments and receipts of nuclear material require advance notification; (c) other agreed safeguards measures considered necessary to ensure that nuclear materials are not diverted from their intended uses, in accordance with the arrangements with the operator concerned. 4. The Commission shall reimburse the operator concerned the cost of special services which are provided for in the particular safeguard provisions or which are provided as the result of a special request by the Commission or its inspectors, exclusively based on an agreement defining those costs and the conditions of their reimbursement. Works executed by the operator before the signature of the agreement shall not be reimbursable. The reimbursement shall be limited to the amount necessary to balance the costs incurred by the operator for the special services and shall not include any profit. The procedure to be followed for the operator to claim reimbursement of the cost related to the inspections shall be described in the guidelines referred to in Article 42.