[[CENTER]COLOR=Blue]Commission Regulation (EURATOM)
No 3227/76 Concerning the Application of the Provisions on
EURATOM Safeguards
[19 October 1976][/COLOR]



THE COMMISSION OF THE EUROPEAN COMMUNITIES
Having regard to the Treaty establishing the European Atomic Energy Community,
and in particular Articles 77, 78, 79 and 81 thereof,
Having regard to the approval of the Council,
Whereas Commission of the European Atomic Energy Community Regulation No. 7
established the implementing procedures for the declarations required by Article 78 of
the Treaty.
Whereas the Commission of the European Atomic Energy Community Regulation
No. 8 defined the nature and the extent of the requirements referred to in Article 79 of
the Treaty;
Whereas, in view of the increasing quantities of nuclear materials produced, used and
carried in the Community and development of trade in these materials, it is essential,
in order to ensure the effectiveness of safeguards, that the nature and the extent of the
requirements referred to in Article 79 of the Treaty and laid out in Regulation No. 8
referred to above, be defined and brought up to date in the light of experience
particularly with regard to the transportation of, or commerce in these materials;
Whereas, moreover, the Kingdom of Belgium, the Kingdom on Denmark, the Federal
Republic of Germany, the Italian Republic, the Duchy of Luxembourg, the Kingdom
of the Netherlands and the European Atomic Energy Community (Euratom)
concluded on 5 April 1973 an Agreement (hereinafter called the Agreement') with the
national Atomic Energy Agency in implementation of Article 111 (1) and (4) of the
Treaty on the non?proliferation of nuclear weapons;
Whereas the Agreement contains a particular undertaking entered into by the
Community concerning the application of safeguards on source and special fissile
materials on the territories of the Community Member States which have no nuclear
weapons of their own and which are parties to the Treaty on the Non?Proliferation of
Nuclear Weapons and, in conjunction with the Community, to the Agreement signed
on 5 April 1973 with the International Atomic Energy Agency (hereinafter called 'the
Member States party to the Agreement');
Whereas the implementation of this undertaking requires the establishment of
particular procedures for the application of safeguards on the territories of the
Member States party to the Agreement in order to amplify the provisions of the
aforementioned Regulations No 7 and No 8 ;
Whereas, moreover, the procedures foreseen by this Agreement are in conformity
with those devised in the course of a very wide?ranging international negotiation
conducted, in view of the provisions of paragraphs 1 and 4 of Article III of the Treaty
on the non?proliferation of nuclear weapons, with the International Atomic Energy
Agency, the result of which has been approved by the Board of Governors of that
organization, and that these procedures are based on the most modem developments
in the field of safeguards;
Whereas, accordingly, it is opportune to define new procedures for the application of
the provisions of Chapter VII of the Treaty;
Whereas the Community, the United Kingdom and the International Atomic Energy
Agency have signed on 6 September 1976 an Agreement comprising a particular
commitment which concerns the application of safeguards to source and special fissile
materials on the territory of the United Kingdom;
Whereas it is appropriate to arrange for particular provisions relative to the accounting
system and the presentation of records concerning ores;
Whereas, on the territories of the Member States not party to the Agreement, some
installations or parts thereof as well as certain materials are liable to be involved in
the production cycle for defence needs, therefore it is appropriate to specify particular
safeguard procedures to take account of these circumstances;
Whereas, for clarity's sake, and particularly to make the respect of safeguard
Regulations easier for those concerned, it is appropriate to codify these Regulations in
a single text,
HAS ADOPTED THIS REGULATION:
PART I
BASIC TECHNICAL CHARACTERISTICS AND PARTICULAR SAFEGUARDS
PROVISIONS DECLARATION OF THE TECHNICAL CHARACTERISTICS
Article 1
Any person or undertaking setting up or operating an installation for the production,
separation or other use of source materials or special fissile materials or for the
processing of irradiated nuclear fuels shall declare to the Commission the basic
technical characteristics of the installation, on the basis of the relevant questionnaire
given in Annex I hereto.
Any person or undertaking responsible for the storage of source materials or special
fissile materials shall be subject to the provisions of the first paragraph.
Article 2
Where the basic technical characteristics of an installation have already been
communicated to the Commission, the declarations specified in the said Article I may
be made by reference to such earlier communication, provided that any additional
information required by the questionnaire referred to in Article I is supplied within 30
days from the date on which this Regulation comes into force.
The basic technical characteristics of new installations shall be declared as laid down
in Article I at least 45 days before the first consignment of nuclear material is due to
be received.
Article 3
This 'particular safeguard provision' referred to in Article 7 shall specify those
important changes in the basic technical characteristics for which advance notification
is required.
Any other changes in the basic technical characteristics shall be communicated to the
Commission, together with the first inventory change report made after the
modification is complete.
Article 4
On receipt of a reasoned request, the Commission may allow additional time for the
completion of the declarations required in the preceding Articles.
Article 5
The provisions of Article I shall not apply to persons or undertakings holding only
nuclear materials exempted from the declaration requirements as provided for by
Article 22.
PROGRAMME OF ACTIVITIES
Article 6
The persons or undertakings referred to in Article I shall also communicate to the
Commission, for the planning of its safeguard activities, the following information:
(a) annually, an outline programme of activities drawn up in accordance with the
'particular safeguard provisions' referred to in Article 7, the first communication being
made on the basis of the guidelines given in Annex X, at the same time as that of the
basic technical characteristics referred to in Article 1;
(b) at least 40 days before beginning the taking of a physical inventory, the
programme for such work;
© at least 40 days before starting to shut down a batch?loaded reactor for reloading,
the programme in respect of such shutting down unless otherwise provided in the
'particular safeguard provisions' referred to in Article 7.
Any change affecting programmes for the taking of physical inventories or for the
shutting down of reactors to reload shall be communicated to the Commission without
delay.
PARTICULAR SAFEGUARD PROVISIONS
Article 7
Acting on the declarations of basic technical characteristics and on the information
communicated in pursuance of Article 6, the Commission shall specify in the
'particular safeguard provisions' the procedures by which the persons or undertakings
concerned shall meet the requirements in relation to safeguards imposed on them.
Among others these procedures shall include:
(a) the designation of the material balance areas and the selection of those strategic
points which are key measurement points for determining the flow and stocks of
nuclear materials;
(b) the procedures for keeping records of nuclear materials for each material balance
area and for drawing up reports;
© the frequency of and procedures for drawing up physical inventories for
accounting?purposes as part of safeguard measures;
(d) containment and surveillance measures, in accordance with the modalities agreed
upon with the plant operators;
(e) sample?taking by the plant operator solely for safeguard purposes.
The particular safeguard provisions' shall also lay down the content of subsequent
communications required under Article 6 of this Regulation as well as the conditions
requiring advance notification of shipments and receipts of nuclear material.
The Commission will reimburse the person or undertaking concerned the cost of those
special services which are provided for in the 'particular safeguard provisions' or
which are provided because of a special request of the Commission or of the
inspectors and on the basis of an agreed estimate. The extent and modality of the
reimbursement will be fixed between the parties concerned and will be reviewed
periodically as necessary.
Article 8
The particular safeguard provisions' referred to in Article 7 shall be drawn up by
means of an individual decision of the Commission after consultation with the person
or undertaking concerned and the appropriate Member State.
The person or undertaking affected by any individual decision of the Commission will
be notified thereof, and a copy of such notification will be transmitted to the Member
State concerned.
PART II
ACCOUNTING SYSTEM
Article 9
The persons and undertakings referred to in Article I shall maintain a system of
accounting for and control of nuclear materials. This system shall include accounting
and operating records and, in particular, information on the quantities, nature, form
and composition of these materials in accordance with the requirements of Article 2 1,
their actual location, the particular safeguarding obligation, and the way in which the
persons or undertakings concerned have stated that they intend to use such materials,
in accordance with their own decisions, as well as the shipper or recipient when
materials are transferred.
The system of measurements on which the records are based shall comply with the
most recent international standards or shall be equivalent in quality to those standards.
On the basis of these records it must be possible to establish and justify the
communications addressed to the Commission in the form and at the intervals laid
down in Articles 12 to 2 1. Records shall be retained for a period of at least five years.
ACCOUNTING RECORDS
Article 10
The accounting records shall show in respect of each material balance area:
(a) all inventory changes, so as to permit a determination of the book inventory at any
(b) all measurement and counting results that are used for determination of the
physical inventory;
© all corrections that have been made in respect of inventory changes, book
inventories and physical inventories.
For all inventory changes and physical inventories the accounting records shall show,
in respect of each batch of nuclear material, material identification, batch data and
source data. These records shall account separately for uranium, thorium. and
plutonium in each batch of nuclear material. Moreover for each inventory change, the
date of the inventory change and, when appropriate, the dispatching material balance
area and the receiving material balance area or the recipient, shall be indicated.
OPERATING RECORDS
Article 11
The operating records shall include, if appropriate, for each material balance area:
(a) those operating data which are used to establish changes in the quantities and
composition of the nuclear material;
(b) the data obtained from the calibration of tanks and instruments and from sampling
and analysis, the procedures to control the quality of measurements and the derived
estimates of random and systematic error;
© a description of the sequence of actions taken in preparing for, and in taking, a
physical inventory in order to ensure that it is correct and complete;
(d) a description of the actions taken in order to ascertain the cause and magnitude of
any accidental or unmeasured loss that might have occurred.
ACCOUNTING AND SPECIAL REPORTS
Article 12
The persons and undertakings referred to in Article I shall provide the Commission
with accounting reports and, when appropriate, with special reports.
The accounting reports shall set forth the information available on the date of
reporting and must be corrected at a later date if necessary.
On a reasoned request by the Commission, further details or explanations in
connection with these reports shall be supplied normally within three weeks of that
request.
Initial inventory
Article 13
The persons and undertakings referred to in Article 1 shall transmit to the
Commission an initial book inventory of all nuclear materials which for any reason
they have in their possession within 15 days of the last day of the month in which this
Regulation comes into force. This inventory shall describe the situation on the last day
of that month. The form set out in Annex IV to this Regulation shall be used for this
purpose.
Inventory change report
Article 14
For each material balance area, the persons and undertakings referred to in Article I
shall transmit to the Commission inventory change reports in respect of all nuclear
materials in accordance with the specimen set out in Annex II. The reports shall
identify the materials and give batch data for each batch thereof, the dispatching
material balance area and the receiving material balance area or the recipient.
The reports concerning transfers shall also indicate for receipts the intended use,
pursuant to Article 9, and for dispatches the use made of the nuclear materials in the
reporting installation. Unless otherwise defined in the 'particular safeguard provisions'
referred to in Article 7, no declaration of use is mandatory for transfers between
different material balance areas of the same installation.
These reports showing inventory changes, book inventories and corrections shall be
sent as soon as possible and, in any case, within 15 days after the end of the month in
which the inventory changes occur are known, either periodically in a consolidated
list or individually. For months in which no inventory changes occur, the persons or
undertakings concerned may simply send in the form intended for the inventory
change report carrying the indication that the situation remained unchanged. Small
inventory changes, such as transfers of samples for purposes of analysis, may be
grouped, as laid down in the 'particular safeguard provisions' referred to in Article 7
for the installation concerned, in order that they may be reported as a single inventory
change.
Article 15
The reports referred to in Article 14 shall be accompanied by concise notes:
(a) explaining the inventory changes on the basis of the operating data contained in
the operating records provided for in Article 11 (a) of this Regulation;
(b) describing as specified in the 'particular safeguard provisions' referred to in Article
7, the planned operational programme for the installation concerned and, in particular,
the taking of a physical inventory.
If the required information is contained in documents which already exist, copies of
such documents may take the place of the concise notes.
Material balance report and physical inventory listing
Article 16
For each material balance area, the persons and undertakings referred to in Article 1
shall transmit to the Commission, in accordance with the specimen set out in Annex
III to this Regulation, material balance reports showing:
(a) beginning physical inventory;
(b) inventory changes (first increases, then decreases);
© ending book inventory;
(d) ending physical inventory;
(e) material unaccounted for
A physical inventory, in accordance with the specimen set out in Annex IV, listing all
batches separately giving, inter alia, identification of the materials and giving batch
data for each batch thereof and the use, pursuant to Article 9, which the persons or
undertakings concerned intend to make of the materials, shall be attached to each
material balance report.
These reports shall be transmitted as soon as possible and in any case within 30 days
from the date on which a physical inventory was taken, unless otherwise specified in
the 'particular safeguard provisions' referred to in Article 7
Special reports
Article 17
The persons and undertakings referred to in Article 1 shall transmit to the
Commission a special report whenever the circumstances mentioned in Articles 18
and 27 arise.
The type of information to be dealt with in such reports shall be specified in the
'particular safeguard provisions' referred to in Article 7.
The special reports and further details or explanations which may be requested by the
Commission in connection with these reports shall be supplied without delay.
Article 18
A special report must be made without delay:
(a) if, as a result of any unusual incident or circumstances, it is believed that there has
been or might be a loss of nuclear material in excess of the limits specified for these
purposes in the particular safeguard provisions' referred to in Article 7; or
(b) if the containment has unexpectedly changed from that specified in the 'particular
safeguard provisions' referred to in Article 7, to a point where an unauthorized
removal of nuclear material has become possible.
The above mentioned obligations shall devolve upon the persons and undertakings
concerned as soon as they have become aware of any such loss or sudden change in
the containment conditions, or of anything which leads them to believe that there has
been such an occurrence. The causes shall also be stated as soon as they are known.
Detailed rules of application
Article 19
In respect of reactors, the obligations laid down in Articles 10 to 16 shall apply under
the following conditions.
As far as nuclear transformations are concerned, calculated data will be reported in
the inventory change report at the latest when irradiated fuel is transferred from the
reactor material balance area. In addition, where appropriate, other procedures for
recording and reporting nuclear transformations shall be specified in the 'particular
safeguard provisions' referred to in Article 7.
Article 20
Nuclear materials subject to particular safeguard obligations entered into by the
Community in an Agreement concluded with a non?Member State or an international
organization shall, unless otherwise stipulated by such Agreement, be identified
separately for each obligation in the following notifications:
(a) initial book inventory (Article 13);
(b) inventory change reports, but excluding book inventories (Article 14);
© physical inventory listings (Article 16); and
(d) intended imports and exports (Articles 24 and 25).
Unless specifically prohibited in the Agreement referred to above, such separation
shall not preclude the physical mixing of materials.
This Article shall not apply to the Agreement or to any other Agreement concluded by
the Community and a Member State with the International Atomic Energy Agency.
Article 21
(a) In any notification referred to in this Regulation, quantities of source materials
shall be expressed in kilogramines and quantities of special fissile materials in
grammes.
(b) The corresponding material accounting records shall be kept in the units referred
to in (a) of this Article or in smaller units. They shall be kept in such a manner as to
render them trustworthy and, in particular, to comply with current practices in the
Member States.
© In the notifications provided for above, quantities may be rounded down to the
nearest unit when the first decimal is 0 to 4 and rounded up when the first decimal is 5
to 9.
(d) Unless otherwise provided for in the 'particular safeguard provisions' referred to in
Article 7:
(i) notifications shall indicate the total weight of the elements contained. uranium,
thoriurn or plutonium and also, for enriched uranium, the total weight of the fissile
isotopes. The isotopic composition of plutonium, if recorded at the installation for
operational needs, shall be made available to the Commission on request;
(ii) separate line entries in inventory change reports and in physical inventory listings
and separate material balance reports must be used for the following categories of
nuclear material:
· depleted uranium,
· natural uranium,
· uranium enriched up to 20%
· uranium enriched above 20%
· plutonium,
· thorium
Derogations and Exemptions
Article 22
(a) In order to take account of any particular circumstances in which safeguarded
materials are used or produced, the Commission may, in the 'particular safeguard
provisions' referred to in Article 7, grant producers and users of nuclear materials a
derogation from the rules governing the form and frequency of notification provided
for in this Regulation.
The Commission may so decide especially in the case of installations holding only
small quantities which are kept in the same state for long periods.
(b) At the request of the persons or undertakings concerned in accordance with the
form set out in Annex VIII, the Commission may exempt the following materials
from declaration, provided that they are not processed or stored together with
non?exempted nuclear materials:
· special fissile materials which are used in quantities of the order of a gramme or less
as sensing components in instruments,
· plutonium with an isotopic concentration of plutonium?238 in excess of 80%,
· nuclear materials which are used exclusively in non?nuclear activities.
If the conditions for exemption cease to be fulfilled, the exemptions shall be
rescinded. The person or undertaking concerned shall inform the Commission in
accordance with the form set out in Annex IX that the conditions for exemption no
longer exist.
Article 23
This Regulation shall not apply to holders of finished products used for non?nuclear
purposes which incorporate
nuclear materials that are virtually irrecoverable.
PART III
TRANSFERS: IMPORTS/EXPORTS
Article 24
(a) The persons and undertakings referred to in Article 1 which export source or
special fissile materials to a non?Member State shall give advance notification to the
Commission of every such export. Similarly, advance notification shall be given to
the Commission:
· in the case of any export from a Member State party to the Agreement to a Member
State not party to the Agreement, and
· in the case of any export from the United Kingdom to a Member State party to the
Agreement.
However, advance notification is required only:
(i) where the consignment exceeds one effective kilogramme;
(ii) where the 'particular safeguard provisions' referred to in Article 7 so specify, in
the case of installations habitually transferring large total quantities of materials to the
same State, even though no single consignment exceeds one effective kilogramme.
(b) Such notification shall be given after the conclusion of the contractual
arrangements leading to the transfer and in any case in time to reach the Commission
eight working days before the material is to be prepared f . or shipment.
© Such notification shall be given in accordance with the form set out in Annex V to
this Regulation and shall state, inter alia,
· the identification and, if possible, the expected quantity and composition of the
material to be transferred, and the material balance area from which it will come,
· the State to which the nuclear material is to be sent,
· the dates on and locations at which the nuclear material will be prepared for
shipment,
· the approximate dates of dispatch and arrival of the nuclear material,
· the use which the persons or undertakings concerned had made of the nuclear
material.
(d) If so required for reasons of physical protection, special arrangements concerning
the form and transmission of such notification may be agreed upon with the
Commission.
Article 25
(a) The persons and undertakings referred to in Article 1 which import source or
special fissile materials from a non?member State shall give advance notification to
the Commission of every such import. Similarly, advance notification shall be given
to the Commission:
· in the case of any import into a Member State party to the Agreement from a
Member State not party to the Agreement, and
· in the case of any import into the United Kingdom from a Member State party to the
Agreement.
However, advance notification is required only:
(i) where the consignment exceeds one effective kilogramme;
(ii) where the 'particular safeguard provisions' referred to in Article 7 so specify, in
the case of installations to which large total quantities of materials are habitually
transferred from the same State, even though no single consignment exceeds one
effective kilogramme.
(b) Such notification shall be given as far in advance as possible of the expected
arrival of the nuclear material and, in any case, on the date of receipt and in time to
reach the Commission five working days before the material is unpacked.
© Such notification shall be given in accordance with the form set out in Annex VI
and shall state, inter alia:
· the identification and, if possible, the expected quantity and composition of the
material,
· the expected date of arrival, the location where and the date on which the nuclear
material is expected to be unpacked.
(d) If so required for reasons of physical protection, special arrangements concerning
the form and transmission of such notification may be greed upon with the
Commission.
Article 26
When persons or undertakings not subject to Article 1 decide to export or import
nuclear materials referred to in Articles 24 and 25, these persons or undertakings are
required to make the notifications foreseen in Articles 24 and 25.
Article 27
A special report as provided for in Article 17 shall be prepared by the persons or
undertakings covered by Articles 24 and 25 if, following exceptional circumstances or
an incident, they have received information that nuclear materials have been or appear
to be lost, particularly when there has been a considerable delay during transfer. In the
same circumstances persons or undertakings covered by Article 26 are also required
to inform the Commission.
Article 28
Any change of date in the preparation for shipment, in the shipment or in the
unpacking of nuclear materials with respect to the dates given in the notifications
provided for in Articles 24 and 25, but not a change that gives rise to special reports,
shall be communicated without delay, with an indication of the revised dates, if
known.
PART IV
SPECIFIC PROVISIONS
Ore Producers
Article 29
Any person or undertaking extracting ores on the territory of a Member State shall
keep accounting records thereof. These records must indicate, in particular, the
tonnage and average uranium and thorium content of the ore extracted and of the
stock at the mine, and proof of shipment, stating the date, consignee, and quantity.
Such records shall be kept for at least five years.
Article 30
No later than the end of January each year, producers of ores shall inform the
Commission, in accordance with the form set out in Annex VII, of the amount of
material dispatched from each mine during the previous year.
Article 31
Any person or undertaking exporting ores to non?Member States shall inform the
Commission thereof, in accordance with the form set out in Annex VIL on the actual
date of dispatch.
Carriers
Article 32
Any person or undertaking engaged, within the territories of the Member States, in
carrying or temporarily storing source or special fissile materials during shipment
may accept them or hand them over only against a duly signed and dated receipt. This
shall state the names of the parties handing over and receiving the materials and the
quantities carried, together with the nature, form and composition of the materials.
If so required for reasons of physical protection, the specification of the materials
transferred may be replaced by a suitable identification of the consignment. Such
identification shall be traceable to records held by the persons and undertakings
referred to in Article I and showing the specification mentioned.
Such documents shall be kept by the contracting parties for at least one year.
Article 33
Documents and papers already held and compiled by persons or undertakings in
accordance with existing regulations which apply to them on the territory of the
Member States in which they operate may take the place of the documents and
receipts provided for in Article 32, provided that such documents and papers contain
all the required information.
Intermediaries
Article 34
Every intermediary whatsoever, in particular authorized agents, brokers, commission
or business agents, taking part in the conclusion of any contract for the supply of
nuclear materials shall keep all documents relating to the transactions performed by
him or on his behalf for at least one year after the expiry of the contract. Such
documents shall mention the names of the contracting parties, the date of the contract,
the quantity, nature, form and composition together with the origin and destination of
the materials.
PART V
SPECIFIC PROVISIONS APPLICABLE IN THE TERRITORIES OF MEMBER
STATES WHICH ARE NUCLEAR?WEAPON STATES
Article 35
1. The provisions of this Regulation shall not apply:
(a) to installations or parts of installations which have been assigned to meet defence
requirements and which are situated on the territory of a Member State not party to
the Agreement; or
(b) to nuclear materials which have been assigned to meet defence requirements by
that 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 on the territory of a
Member State not party to the Agreement, the extent of the application of this
Regulation and the procedures under it shall be defined by the Commission in
consultation and in agreement with the Member State concerned, taking into account
the provisions of the second paragraph of Article 84 of the Treaty.
3. It is understood in any event that:
(a) the provisions of Articles I to 4,7 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 at other times are operated
exclusively with civil nuclear materials;
(b) the provisions of Articles I to 4, 7 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 or use in any
other way simultaneously both civil nuclear materials and nuclear materials assigned
or liable to be assigned to meet defence requirements;
© the provisions of Articles 6 and 9 to 37 shall apply in relation to all civil nuclear
materials situated in installations or parts of installations as referred to in
subparagraphs (a) and (b) above.
PART VI
FINALPROVISIONS
Definitions
Article 36
For the purposes of this Regulation:
(a) 'The Agreement' means the Agreement concluded on 5 April 1973 between the
Kingdom of Energy Community (Euratom) with the International Atomic Energy
Agency, in implementation of paragraphs 1 and 4 of Article III of the Treaty on the
non?proliferation of nuclear weapons.
(b) 'Member State Party to the Agreement' means the Kingdom of Belgium, the
Kingdom of Denmark, the Federal Republic of Germany, Ireland, the Italian
Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands.
© 'Non?Member State' means any State which is not a member of the European
Atomic Energy Community.
(e) 'Special fissile materials' means plutonium?239; uranium?233; uranium enriched
in uranium?235 or uranium?233, and any substance containing one or more of the
foregoing isotopes and such other fissile materials as may be specified by the Council,
acting by a qualified majority on a proposal from the Commission; the expression
'special fissile materials' does not, however, include source materials not ores or ore
waste.
(f) 'Uranium enriched in uranium?235 or uranium?233' means uranium containing
uranium?235 or uranium?233 or not in an amount such that the abundance ratio of the
sum of these isotopes to isotope 238 is greater than the ratio of isotope 235 to isotope
238 occurring in nature. 'Enrichment' means the ratio of combined weight or
uranium?233 and uranium?235 to the total weight of the uranium under consideration.
(g) 'Source materials' means uranium containing the mixture of isotopes occurring in
nature: uranium whose content in uranium?235 is less than the normal; thorium; any
of the foregoing in the form of metal, alloy; chemical compound or concentrate; any
other substance containing one or more of the foregoing in such a concentration as
shall be specified by the Council, acting by a qualified majority on a proposal from
the Commission, and any other material which the Council may determine, acting by
a qualified majority on a proposal from the Commission. The words 'source materials'
shall not be taken to include ores or ore waste.
(h) 'Ores' means any ore containing, in such average concentration as shall be
specified by the Council acting by a qualified majority on a proposal from the
Commission, substances from which the source materials defined above may be
obtained by the appropriate chemical and physical processing.
(i) 'Nuclear materials' means any ore, source and special fissile material as defined in
paragraphs (e),(f),(g) and (h) above.
'Nature' of material means natural uranium depleted uranium, uranium enriched in
uranium?235 or uranium?233, thorium or plutonium, depending on the case.
(k) 'Batch' means a portion of nuclear material handled as a unit for accounting
purposes at a key measurement point and for which the composition and quantity are
defined by a single set of specifications or measurements. The nuclear material may
be in bulk form or contained in a number of identifiable items.
(l) 'Batch data' means the total weight of each element of nuclear material and, in the
case of plutonium and uranium, the isotope composition when appropriate. For
reporting purposes the weights of individual items in the batch shall be added together
before rounding to the nearest unit.
(m) 'Book inventory' of a material balance area means the algebraic sum of the most
recent physical inventory of that material balance area and of all inventory changes
that have occurred since that physical inventory was taken.
(n) 'Correction' means an entry in an accounting record or a report to rectify an
identified mistake or to reflect an improved measurement of a quantity previously
entered into the record or report. Each correction must identify the entry to which it
pertains.
(o) 'Effective kilogramine' means a special unit used in safeguarding nuclear material.
The quantity in effective kilogrammes is obtained by taking:
(i) for plutonium, its weight in kilogrammes;
(ii) for uranium with an enrichment of 0.0 1 (1 %) and above, its weight in
kilogramines multiplied by the square of its enrichment;
(iii) for uranium with an enrichment below 0.0 1 (1%) and above 0.005 (0.5%), its
weight in kilogramnies multiplied by 0.0001; and
(iv) for depleted uranium with an enrichment of 0.005 (0.5%) or below, and for
thorium, its weight in kilogrammes multiplied by 0.00005.
(p) 'Inventory changes' means an increase or decrease, in terms of batches, of nuclear
material in a material balance area.
(q) 'Key measurement point' means location where nuclear material appears in such a
form that it may be measured to determine material flow or inventory. Key
measurement points thus include, but are not limited to, inputs and outputs (including
measured discards) and storage in material balance areas.
® 'Material balance area' means an area such that:
(i) the quantity of nuclear material in each transfer into or out of each material balance
area can be determined; and
(ii) the physical inventory of nuclear material in each material balance area can be
determined when necessary in accordance with specified procedures, in order that the
material balance may be established.
(s) 'Physical inventory' means the sum of all the measured or derived estimates of
batch quantities of nuclear material on hand at a given time within a material balance
area, obtained in accordance with specified procedures.
(u) 'Shipper/receiver difference' means the difference between the quantity of nuclear
material in a batch as stated by the shipping material balance area and as measured at
the receiving material balance area.
(v) 'Source data' means those data, recorded during measurement or calibration or
used to derive empirical relationships, which identify nuclear material and provide
batch data. Source data may include, for example, weight of compounds, conversion
factors to determine weight of element, specify gravity, element concentration,
isotopic ratios, relationship between volume and manometer readings and relationship
between plutonium produced and power generated.
(w) 'Strategic point' means a location selected during examination of design
information where, under normal conditions and when combined with the information
from all 'strategic points' taken together, the information necessary and sufficient for
the implementation of safeguard measures under the Agreement is obtained and
verified; a 'strategic point' may include any location where key measurements related
to material accountancy are made and where containment and surveillance measures
are executed.
INSTALLATIONS CONTROLLED FROM
OUTSIDE THE COMMUNITY
Article 37
Where an installation is controlled by a person or undertaking established outside the
Community, any obligations imposed by this Regulation shall devolve upon the local
management of the installation.
ANNEXES
Article 38
The Annexes to this Regulation [not printed] form an integral part thereof. The
Commission may make minor technical adjustments thereto.
ENTRY INTO FORCE
Article 39
This Regulation shall enter into force 15 days after its publication in the Official
Journal of the European Communities.
Without prejudice to Article 40, Commission of the European Atomic Energy
Community Regulations No. 7 and No. 8 are hereby repealed.
Article 40
Articles 9 to 16, 10 and 21 of this Regulation shall apply as from the adoption of the
'particular safeguard provisions' referred to in Article 7.
Until the adoption of those provisions, Articles 2, 5, 7, 8 and 10 of the above
mentioned Regulation No. 8 shall continue to apply.

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