The new EURATOM Regulation COM(2002)99: From draft to implementation

A Regulation defining the extend of the requirements for the setting up of operating records and the provision of reports by operators of nuclear Installations to the European Commission is stipulated in Article 79 of the EURATOM Treaty. Currently, Regulation 3227/76 fulfils these requirements, to the extend of providing the operators with a practical tool describing their obligations vis-a-vis Chapter VII of the EURATOM Treaty and the exact way to fulfil them. The changes that occurred during the last 25 years in the Safeguards environment (i.e. the size and purpose of Nuclear Industry, the need to allow for flexibility commensurate to the volume of the transactions and the strategic value of the Nuclear Material, the changes in the legal framework with the signing of the Additional Protocols, and the evolution of Information Technology) led the Commission to the drafting of a new Regulation on the Application of Safeguards. This draft Regulation which was approved by the Commission on 22.3.02 under the number COM(2002)99, was subsequently submitted to the European Council for adoption. Following the procedures for the approval of European law, the draft Regulation was the subject of detailed and open discussions in the Atomic Question Group of the Council. The representatives of all stakeholders identified the following issues for which further explanations or adjustment in the draft were required: The security and confidentiality of data transmitted to the Commission, especially when electronic media are used. The resources and time required for the transition of the new reporting format. The validity, under the new Regulation, of secondary legislation (i.e. PSPs) and operational Agreements reached under 3227/76. The inclusion of a reduced reporting scheme for Nuclear material in Waste, commensurate with the strategic value of the material concerned. It is expected that at the conclusion of the AQG discussions, Regulation COM(2002)99 will provide a tool for modern reporting within the enlarged legal framework, allowing the operators and the Member States to discharge their obligations for reporting under the EURATOM Treaty and the Additional Protocols. The same applies for the candidate countries, which upon accession in May 2004 will have to comply with the Commission legislation