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Regolamento (Euratom) 302/2005

Protocollo Aggiuntivo 1999/188/Euratom

Concetti generali e requisiti

Frascati - 26 June 2015

Luca Chiamenti Maria Lahogue-Incerti

DG Energy – E 5

Energy

•  Two main legal pillars:

1. 1) Euratom Treaty (Chapter 7)

2. 2) Specific Regulation (Commission Regulation 302/2005)

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LEGAL BACKGROUND (1/3)

•  Euratom Treaty, Chapter VII , Article 77

•  In accordance with the provisions of this Chapter, the Commission shall satisfy itself that, in the territories of Member States:

•  ores, source materials and special fissile materials are not diverted from their intended uses as declared by the users;

•  the provisions relating to supply and any particular safeguarding obligations assumed by the Community under an agreement concluded with a third State or an international organization are complied with.

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•  Anyone 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 installations, to the extent that knowledge of these characteristics is necessary for the attainment of the objectives set out in Article 77.

•  The Commission must approve the techniques to be used for the chemical processing of irradiated materials, to the extent necessary to attain the objectives set out in Article 77.

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•  The Commission shall require that operating records be kept and produced in order to permit accounting for ores, source materials and special fissile materials used or produced. The same requirement shall apply in the case of the transport of source materials and special fissile materials.

•  Those subject to such requirements shall notify the authorities of the Member State concerned of any communications they make to the Commission pursuant to Article 78 and to the first paragraph of this Article.

•  The nature and the extent of the requirements referred to in the first paragraph of this Article shall be defined in a regulation made by the Commission and approved by the Council.

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Regulation (Euratom) 302/2005

•  Scope

•  Definitions

•  Basic Technical Characteristics

•  Nuclear Material Accountancy

•  Transmission of information and data

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Scope: to whom

•  Article 1

“This Regulation shall apply to any person or undertaking setting up or operating an installation for the production, separation, reprocessing, storage or other use of source material or special fissile material.

It shall not apply to holders of end products used for non-nuclear purposes which incorporate nuclear materials that are in practice irrecoverable.”

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To ores, source material and fissile material

•  Article 2(4) – Nuclear materials (definitions) •  (ref. Euratom Treaty, Title V, Article 197)

•  ‘ 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.

Scope: to what (1/4)

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Scope: to what (2/4)

•  ‘ 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.

•  ‘ 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.

•  ‘ Uranium enriched in uranium 235 or uranium 233 ' means uranium containing uranium 235 or uranium 233 or both 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.

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Definitions (3/4)

•  Article 2(14) – Material Balance Area

•  ‘Material Balance Area’ means an area such that, for the purpose of establishing the material balance:

•  (a) the quantity of nuclear material in each transfer into or out of each material balance area can be determined;

•  and

•  (b) the physical inventory of nuclear material in each material balance area can be determined when necessary in accordance with specified procedures;

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Definitions (4/4)

•  Article 2(23) – Installation

•  ‘Installation’ means a reactor, a critical installation, a conversion plant, a fabrication

plant, a reprocessing plant, an isotope separation plant, a separate storage installation,

a waste treatment or waste storage installation; or any other location where source

material or special fissile material is customarily used

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Basic Technical Characteristics

•  BTC - Article 3(1)

All installations shall declare to the Commission the basic technical characteristics,

using the relevant questionnaire shown in Annex I

•  General information of the operator

•  Technical information related to the installation

•  Specific information related to the material and its use

•  Time limits to provide BTCs to the Commission - Article 4

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Nuclear Material Accountancy

•  Accounting system - Article 7

•  A system of accountancy and nuclear material control must be maintained

•  Accounting (Article 9) and operating records (Article 8) should have information on

weight, category, form, composition, location etc.

•  Measurements shall comply with most recent international standards.

•  Records kept 5 years at least

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•  Operating records - Article 8

•  Operating data to determine changes in the quantities and compositions

•  LII

•  derived estimates of random and systematic errors; calibrations; sampling and

analysis

•  quality control measures to NMAS;

•  description of PIT

•  Isotopic composition

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•  Accounting records - Article 9

•  All inventory changes, so that the book inventory can be determined at any time

•  All measurement and counting results used to determine the physical inventory

•  All corrections made to inventory changes, book inventories and physical

inventories

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•  Accounting reports - Article 10

•  The persons or undertakings referred to in the first subparagraph of Article 3(1) shall provide the Commission with accounting reports.

•  Obligation to send accountancy reports with all information available at date of

reporting

•  Electronic form (art.39 !)

•  On request, details/explanations to be provided

Three different reports:

•  Monthly reports (ICR) – Article 12

•  Annual reports (PIL/MBR) – Article 13

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•  Inventory change report (ICR) - Article 12

•  All inventory changes that occurred in previous month (Annex III) – to be sent at

the latest on the 15th of the following month

•  If no change, repeat BA (Stock)

•  In case of Physical Inventory Taking (PIT), not on the last day of the month, two

ICRs !

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Annex III - Labels on report level Inventory change report

MBA (4 char.) WABC

Report type (1 char.) I

Report date (ddmmyyyy) 09112014

Report number (sequential!)(max.8 fig.) 24

Line count (max. 8 fig.) 350

Start report (ddmmyyyy) 01102014

End report (ddmmyyyy) 31102014

Reporting person (max. 30 char.) Bill Smart

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Annex III - Labels on report level Inventory change report Transaction ID (max. 8 fig.) M Isotopic composition (max 130 char.)

IC code (2 char.) M Obligation (max. 2 char.) M

Batch (max. 20 char.) Previous category (1 char.)

KMP (1 char.) Previous obligation (max. 2 char.)

Measurement (1 char.) CAM code from (8 char.)

Material form (2 char.) CAM code to (8 char.)

Material container (1 char.) Document (max. 70 char.)

Material state (1 char.) Container ID (max. 20 char.)

MBA from (4 char.) Correction (1 char.)

MBA to (4 char.) Previous report (max. 8 fig.)

Previous batch (max. 20 char.) Previous line (max. 8 fig.)

Original date (DDMMYYYY) Comment (max. 256 char.)

PIT date (DDMMYYYY)

Line number (max. 8 fig.) M CRC (max. 20 fig.) M

Accounting date (DDMMYYYY) M Previous CRC (max. 20 fig.)

Items (max. 6 fig.) Advance notification (max. 8 char..)

Element category (1 char.) M Campaign (max. 12 char.)

Element weight (max. 24.3 fig.) M Reactor (max. 12 char.)

Isotope (1 char.) Error path (max. 8 char.)

Fissile weight (max. 24.3 fig.)

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•  Material Balance Report (MBR) and Physical Inventory Listing (PIL) - Article 13

•  Once a year (< 14months) MBR (Annex IV) and PIL (Annex V) to be sent to Commission within 30 days of physical inventory taking (PIT)

•  MBR should be made per element category and per obligation

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Material Balance Report

•  MBR - Article 13

•  Beginning physical inventory PB •  Inventory changes •  Ending book inventory BA •  Ending physical inventory PE •  Material unaccounted for MF (PE-BA)

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7 labels at report level

MBA (4 char.) WABC

Report type (1 char.) P

Report date (ddmmyyyy) 09102014

Report number (max.8 fig.) 15

PIT date (ddmmyyyy) 30092014

Line count (max. 8 fig.) 738

Reporting person (max. 30 char.) Bill Smart

Annex V - Physical Inventory Listing - PIL

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Physical Inventory Listing PIL

22 labels at line level

PIL ITEM ID max. 8 fig. Isotope 1 char.

Batch max 20 char. Fissile weight max. 24.3 fig.

KMP 1 char. Obligation max. 2 char.

Measurement 1 char. Document max. 70 char.

Element cat. 1 char. Container ID max. 20 char.

Mat. form 2 char. Correction 1 char.

Mat. container 1 char. Previous report max. 8 fig.

Mat. state 1 char. Previous line max. 8 fig.

Line number max. 8 fig. Comment max. 256 char.

Items max. 6 fig. CRC max. 20 fig.

Element weight max. 24.3 fig. Previous CRC max. 20 fig.

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Obligation code

A Euratom / USA

C Euratom / Canada

D Both Euratom / USA and Euratom / Canada e.g. Canadian material enriched in the USA

S Euratom / Australia

T Both Euratom / USA and Euratom / Australia e.g. Australian material enriched in the USA

P Peaceful use clause - due to certain expired agreements (Eur/Brasil and Eur/Argentina) - due to contracts concluded by the European Supply agency Temporarily imported nuclear materials

N Not subject to defined safeguarding obligations

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Special reports and Unusual occurrences - Articles 14 and 15

•  Special reports to be sent in case of gain/loss of nuclear material, unexpected changes in C/S (breaking of seal, power failure, etc.) or delays in transfers (art.22)

•  On request, details/explanations to be provided without delay.

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Transmission of information and data

•  Article 29

•  The Commission may transmit to the International Atomic Energy Agency (IAEA) information and data obtained pursuant to this Regulation

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International Obligations

•  Article 33

The provisions of this Regulation, and in particular

Article 3(2), Article 31 and point (c) of Article 32, shall

be applied in conformity with the obligations of the

Community and non-nuclear weapon Member States,

under Additional Protocol 1999/188/Euratom

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Additional Protocol 1999/188/Euratom

•  AP is a legal document complementing comprehensive safeguards agreements

•  The AP measures enable the IAEA: -  not only to verify the non-diversion of declared

nuclear material -  but also to provide assurances as to the absence of

undeclared nuclear material and activities in a State

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|

•  Definitions of 'site' and 'site representative':

•  Regulation (Euratom) 302/2005 – Article 2(21 and 22)

•  Additional Protocol 1999/188/Euratom – art. 18(b)

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|

•  Regulation (Euratom) 302/2005 - Article 3(2)

•  Each NNW Member State being a party to Additional Protocol 1999/188/

Euratom, shall designate a site representative for each site on its territory

who shall provide to the Commission a declaration containing a general

description of the site, using the questionnaire shown in Annex II.

•  The declaration shall fulfil the requirements of Article 2(a)(iii) of Additional

Protocol 1999/188/Euratom and shall be separate from the declaration

required pursuant to paragraph 1 of this Article.

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Reporting obligations for the States/Operators •  Art. 2: provision of information (on annual and quarterly

basis)

Complementary Accesses •  Art. 4, Art. 5, 6 & 7: access and activities during a CA •  Art. 8 & 9: other accesses

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The Guidelines (1/2)

•  COMMISSION RECOMMENDATION of 15 December 2005 on guidelines for the application of Regulation (Euratom) No 302/2005 on the application of Euratom safeguards

•  Official Journal L28 of 1-2-2006

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The Guidelines (2/2)

Council/Commission statement (Official Journal L54 of 28-2-2005, page 71)

1. Guidelines will be adopted and published by the Commission as provided in Article 37 of the Regulation. They will provide non-binding orientations and guidance to operators so as to facilitate the application of the Regulation. It is understood that the Guidelines will not create any legal rights or obligations and that the Regulation will remain the binding instrument which will prevail in case of any divergence between the Regulation and the Guidelines. 2. It is understood that by following the Guidelines the operators would ensure that they are in compliance with the provisions of the Regulation addressed by the Guidelines. 3. The Commission will follow the developments in the field of safeguards and monitor the application of the Regulation. On this basis, the Commission may, as appropriate, modify the Guidelines. Prior to the adoption of any modification, the Commission will undertake to consult stakeholders and Member States. In adopting such modifications the Commission will take account of the positions expressed in such consultations. 4. It is understood that the Working Party on Atomic Questions, in a suitable composition, will be the forum for the consultation of Member States.

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The application is available on CIRCABC website with the following link: https://circabc.europa.eu •  ENMAS Forum was migrated to a new web site:

CIRCABC. •  CIRCABC is integrated with ECAS, the European

Commission's Authentication Service. •  For that reason, you must have an ECAS username

and password to use CIRCABC. •  E-mail:

[email protected] •  Telephone number: (+352) 4301 35312

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