Commission Regulation (Euratom) 2025/974 of 26 May 2025 on the application of Euratom safeguards

COMMISSION REGULATION (Euratom) 2025/974 of 26 May 2025 on the application of Euratom safeguards

THE EUROPEAN COMMISSION,

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 (1),

Whereas:

(1) Commission Regulation (Euratom) No 302/2005 (2) defines the nature and extent of the requirements referred to in Articles 78 and 79 of the Treaty establishing the European Atomic Energy Community (hereinafter ‘the Treaty’).

(2) In view of the increasing quantities of nuclear materials produced, used, carried, recycled and designated to be disposed of in the Community, and of the development of trade in these materials, it is essential to ensure the effectiveness and efficiency of safeguards. The nature and the extent of the requirements referred to in Article 79 of the Treaty and set out in Regulation (Euratom) No 302/2005 should therefore be brought up to date in the light of developments, particularly in the fields of nuclear and information technology.

(3) Belgium, Bulgaria, Czechia, Denmark, Germany, Estonia, Ireland, Greece, Spain, Croatia, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland, Sweden and the Community are parties to Agreement 78/164/Euratom (3) with the International Atomic Energy Agency in implementation of Article III(1) and (4) of the Treaty on the Non-Proliferation of Nuclear Weapons. Agreement 78/164/Euratom entered into force on 21 February 1977. It was later supplemented by Additional Protocol 1999/188/Euratom (4), which entered into force on 30 April 2004.

(4) Agreement 78/164/Euratom contains a particular undertaking entered into by the Community concerning the application of safeguards on source and special fissile material in the territories of the States which have no nuclear weapons of their own and which are parties to the Treaty on the Non-Proliferation of Nuclear Weapons.

(5) The procedures stipulated by Agreement 78/164/Euratom are the result of wide-ranging international negotiations with the International Atomic Energy Agency on the application of Article III(1) and (4) of the Treaty on the Non-Proliferation of Nuclear Weapons. These procedures were approved by the Board of Governors of that Agency.

(6) The Community, France and the International Atomic Energy Agency are parties to an Agreement for the application of safeguards in France (5). That Agreement entered into force on 12 September 1981. It was supplemented by an Additional Protocol (6), which entered into force on 30 April 2004.

(7) In the territory of France some installations or parts thereof as well as certain materials are liable to be involved in the production cycle for defence needs. Special safeguard procedures should therefore be applied to take account of these circumstances.

(8) Nuclear Cooperation Agreements (NCAs) are agreements for cooperation on the peaceful use of nuclear energy which are concluded between the Community and third countries. They aim to facilitate nuclear trade, research and development, or other cooperative activities of mutual interest to the parties in connection with the peaceful use of nuclear energy, while abiding by the commitments and policies of the Community. Under Article 77(b) of the Treaty, the Commission should satisfy itself that, in the territories of the Member States, the provisions relating to supply and any particular safeguarding obligations assumed by the Community under such an agreement are complied with. This Regulation addresses specific aspects related to the reporting of nuclear materials as specified in certain NCAs, but does not cover items other than nuclear material.

(9) To ensure the effectiveness of safeguards, it is essential to incorporate safeguard considerations early in the planning and design processes for new installations as well as for major modifications and decommissioning of existing installations.

(10) To ensure the efficiency of safeguards, the nature and extent of the requirements for reporting nuclear materials and declaring the basic technical characteristics of installations should take into account the suitability of the nuclear material and installation to be used for non-peaceful purposes, without prejudice to any particular safeguarding obligations assumed by the Community under an agreement concluded with a third country or an international organisation.

(11) The Communication to the Commission of 30 June 2022, ‘European Commission digital strategy – Next generation digital Commission’ (7) stresses the importance of structuring data access and exchange by the Commission and the Member States. As part of that strategy, the Commission aims at enabling cross-border digital interaction, interoperability and digital modernisation of public administrations. Against this background and to enhance the efficiency of safeguards, reports and declarations should be submitted electronically.

(12) This Regulation should provide for a more graded approach and thus for burden reduction for operators. Where relevant, different provisions are included throughout this Regulation, commensurate with the strategic value of nuclear materials and related installations and activities.

(13) The provisions on security rules set out in Commission Decision (EU, Euratom) 2015/443 (8) and in Commission Decision (EU, Euratom) 2015/444 (9) should apply to information acquired under this Regulation without prejudice to Regulation (Euratom) No 3 of 31 July 1958 (10).

(14) The Commission should make every effort to protect commercial, technological and industrial secrets as well as other confidential information coming to its knowledge in the application of this Regulation.

(15) The inspections and other safeguards related activities performed by the Commission inspectors in accordance with Articles 81 and 82 of the Treaty should be confined to the attainment of the objectives under Chapter VII of the Treaty in line with the principles set out in its Article 84, second subparagraph.

(16) The Commission should provide timely relevant feedback on the information provided by operators, such as the installation-specific list of essential equipment and residual structures. Considering that in many cases this depends not only on the Commission, the Commission should strive to obtain the necessary feedback from third parties, as applicable, and share it with the operators and Member States concerned.

(17) Up-to-date particular safeguard provisions at relevant installations are important for the implementation of safeguards. In that light the Commission should continue to adopt particular safeguard provisions after close consultation with the operators and Member States concerned, paying particular attention to ensuring that they are up-to-date. To the extent possible, the Commission should strive to have particular safeguard provisions adopted before the installation is to start its operations.

(18) The application of this Regulation should be evaluated within 10 years of its entry into force in light of the technological progress in the nuclear industry and developments in information technologies. However, under special circumstances, this Regulation might need to be revised before that evaluation, for example, to comply with any particular safeguarding obligation assumed by the Community under an agreement concluded with a third State or an international organisation.

(19) In the interest of legal certainty, Regulation (Euratom) No 302/2005 should be repealed,

HAS ADOPTED THIS REGULATION:

CHAPTER I

SCOPE AND DEFINITIONS

Article 1

Scope

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

It shall not apply to holders of end products, such as alloys or ceramics, used for non-nuclear purposes which incorporate nuclear materials that are in practice irrecoverable, nor to holders of mineral materials other than ores, and related processed substances, which are used for non-nuclear purposes and not for obtaining source material.

Article 2

Definitions

For the purpose of this Regulation:

(1) ‘non-nuclear-weapon Member States’ means Belgium, Bulgaria, Czechia, Denmark, Germany, Estonia, Ireland, Greece, Spain, Croatia, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland, and Sweden;

(2) ‘nuclear-weapon Member State’ means France;

(3) ‘third country’ means any State which is not a member of the Community;

(4) ‘nuclear material’ means ores, source materials or special fissile materials as defined in Article 197 of the Treaty;

(5) ‘ores’ means ores as defined in Article 197, point 4, of the Treaty and as specified in the EAEC Council Regulation No 9 (11);

(6) ‘categories’ (of nuclear material) are natural uranium, depleted uranium, uranium enriched in uranium-235 or uranium-233 to less than 20 %, uranium enriched in uranium-235 or uranium-233 to 20 % and above, thorium, plutonium, and any other material specified by the Council in accordance with the provisions of Art 197 of the Treaty;

(7) ‘waste’ means nuclear material in concentrations or forms which make the nuclear material not recoverable for practical or economic reasons, for which no further use is foreseen and which may be disposed of;

(8) ‘retained waste’ means waste, generated from processing or from an operational accident, that is measured or estimated on the basis of measurements, that has been transferred to a specific location within the material balance area from which it can be retrieved, and that is deemed to be not recoverable for the time being;

(9) ‘conditioned waste’ means waste in which nuclear material, measured or estimated on the basis of measurements, has been conditioned in such a way (for example, in glass, cement, concrete or bitumen) that it is not suitable for further nuclear use;

(10) ‘discards to the environment’ means nuclear material, measured or estimated on the basis of measurements, that has been irrevocably discarded into the environment as the result of a planned discharge and in such a way that it is not suitable for further use;

(11) ‘disposal’ means the emplacement of waste, spent fuel or any other nuclear material in an installation without the intention of retrieval;

(12) ‘spent fuel’ means nuclear fuel that has been irradiated in and permanently removed from a reactor core; spent fuel may either be considered as a usable resource that can be reprocessed or may be disposed of if no further use is foreseen;

(13) ‘item’ means an identifiable unit such as a fuel assembly or a fuel pin;

(14) ‘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 items;

(15) ‘batch data’ means the total weight of each category of nuclear material and, in the case of plutonium and uranium, the isotopic composition when appropriate; for reporting purposes the weights of individual items in the batch shall be added together before rounding to the nearest unit;

(18) ‘key measurement point’ means a location where nuclear material appears in such a form that it may be measured to determine material flow or inventory, including but not limited to, the places where nuclear material enters, leaves or is stored in, material balance areas;

(19) ‘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;

(20) ‘physical inventory’ means the sum of all the measured batch quantities 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;

(21) ‘material unaccounted for’ means the difference between the physical inventory and the book inventory;

(22) ‘shipper/receiver difference’ means the difference between the quantity of nuclear material in a batch as measured at the receiving material balance area and the quantity as stated by the shipping material balance area;

(23) ‘source data’ means those data, recorded during measurement or calibration or used to derive empirical relationships, which identify nuclear material and provide batch data, including: weight of compounds; conversion factors to determine weight of element; specific gravity; element concentration; isotopic ratios; relationship between volume and manometer readings; and relationship between plutonium produced and power generated;

(25) ‘hot cell’ means a cell or interconnected cells totalling at least 6 m3 in volume with shielding equal to or greater than the equivalent of 0,5 m of concrete, with a density of 3,2 g/cm3 or greater, outfitted with equipment for remote operations;

(26) ‘site representative’ means any person, undertaking or entity designated by a non-nuclear-weapon Member State as being responsible for the declaration referred to in Article 6(1);

(28) ‘Location Outside Facilities’ (LOF) means a location not covered under the definition set out in point 27(a) where source material or special fissile material is held or customarily used in amounts of one effective kilogram or less;

(29) ‘national Location Outside Facilities’ means a particular LOF comprising holders of small amounts of nuclear material in line with criteria agreed between the Member States where the material is held and the Commission;

(30) ‘Catch All MBA’ (CAM) means a particular LOF comprising small amounts of nuclear material according to criteria set out in Annex I-N;

(31) ‘closed-down’ means, when referring to an installation, that it has been verified that operations have been stopped and that all nuclear material subject to Euratom safeguards has been removed;

(32) ‘under decommissioning’ means, when referring to an installation, that activities on dismantling, or recovery and removal of nuclear material or the removing or rendering inoperable of essential equipment are ongoing with the aim of decommissioning the installation;

(33) ‘decommissioned’ means, when referring to an installation, that it has been verified that all nuclear material subject to Euratom safeguards has been removed and residual structures and equipment essential for using the installation for purposes other than disposal of nuclear material which is no longer subject to Euratom safeguards have been removed or rendered inoperable so that processing or utilization of nuclear material is no longer possible;

(34) ‘operator’ means any person or undertaking, including any organisation, planning to set up or legally responsible for setting up or operating an installation;

(35) ‘equivalence principle’ means that a particular safeguard obligation applying to a quantity of nuclear material may be transferred to another quantity of nuclear material, subject to equivalence criteria;

(36) ‘equivalence criteria’ means specific criteria to be fulfilled with regard to the quantity, category, isotopic composition, physical form, chemical form and material state of nuclear material in order to apply the equivalence principle;

(37) ‘proportionality principle’ means that, when nuclear material subject to a particular safeguard obligation is mixed or transformed in a given proportion with nuclear material not subject thereto, the product, by-product, waste or losses generated from processing is subject to the particular safeguard obligation in the same proportion;

(38) ‘pool accounting’ means a specific accounting method whereby a unique obligation code (pool code) is used to declare book inventories and physical inventory listings to the Commission pursuant to Articles 14 and 15, although the nuclear material may be subject to various particular safeguard obligations;

(39) ‘accountancy pool’ means the scope within which the application of pool accounting has been authorised in one or several material balance areas.

CHAPTER II

BASIC TECHNICAL CHARACTERISTICS AND PARTICULAR SAFEGUARD PROVISIONS

Article 3

Declaration of the basic technical characteristics

For installations referred to in Article 2, point (27)(c), the provisions of Articles 27 and 28 apply.

For installations referred to in Article 2, point (29), the provisions of Article 37 apply.

For new installations referred to in Article 2, point (27)(a), a preliminary declaration shall be submitted to the Commission and the Member State concerned as soon as the main design options are defined to enable the inclusion of safeguards considerations early in the installation’s planning stage.

Article 4

Time-limits for the initial declaration of the basic technical characteristics

To facilitate the inclusion of safeguards considerations early in the design process of installations, the type, form and expected throughput and inventories of nuclear material as well as drawings indicating expected flows and storage of nuclear materials may also be provided to the Commission as part of the information referred to in the first subparagraph.

Article 5

Declaration of changes to the basic technical characteristics

Decommissioning plans and timeframes for their implementation shall be declared using the dedicated fields of the relevant questionnaire in Annex I when they have been adopted or decided, respectively. Any update shall be declared whenever the information provided in the questionnaire changes.

Article 6

Declaration of a general description of the site

The declaration of a general description of the site shall be submitted within 120 days of the date of entry into force of Additional Protocol 1999/188/Euratom in the Member State concerned and an update shall be submitted by 1 April of each year. The declaration of a general description of the site and its update shall be submitted electronically.

The declaration of a general description of the site shall fulfil the requirements of Article 2, point (a) (iii), of Additional Protocol 1999/188/Euratom and shall be separate from the declaration of the basic technical characteristics.

Article 7

Programme of activities

(a) an outline programme of activities on the basis of Annex XI, indicating, in particular, provisional dates for taking a physical inventory;

(b) at least 40 days before taking a physical inventory, the programme for such work.

For installations referred to in Article 2, point (27)(b), as a minimum the provisional dates for taking a physical inventory shall be provided.

Changes affecting the outline programme of activities and, in particular, the taking of physical inventories shall be communicated to the Commission without delay.

Article 8

Particular safeguard provisions

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.

(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.

(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.

CHAPTER III

NUCLEAR MATERIAL ACCOUNTANCY

Article 9

Accounting system

Article 10

Operating records

(a) the operating data used to determine all changes in the quantities and composition of nuclear material present in the installation, including shipping documents for both received and shipped batches of nuclear material;

(b) a list of inventory items and their location, kept up to date to the best extent possible;

(c) the data, including derived estimates of random errors and systematic errors, obtained from the calibration of tanks and instruments as well as from sampling and analysis;

(d) the data resulting from quality control measures applied to the nuclear material accountancy system, including derived estimates of random errors and systematic errors;

(e) a description of the sequence of actions taken to prepare for, and take, a physical inventory, and to ensure that the inventory is correct and complete;

(f) a description of the actions taken to recognise, investigate and solve nuclear material accountancy and control discrepancies that have arisen;

(g) the results from inventory control procedures and, for bulk-handling installations, the results of the tests for acceptance of the material balance, taking into account justified measurement and process uncertainties;

(h) a description of the actions taken to ascertain the cause and magnitude of any accidental or unmeasured loss that might have occurred;

(i) the isotopic composition of plutonium, including its decay isotopes, and reference dates, if recorded at the installation for operational needs.

Article 11

Accounting records

In respect of each material balance area, the accounting records shall contain the following:

(a) all inventory changes, so that the book inventory can be determined at any time;

(b) all measurement and counting results used to determine the physical inventory;

(c) all corrections made to inventory changes, book inventories and physical inventories.

The accounting records relating to any inventory change and physical inventory shall include the material identification, batch data and source data for each batch. These records shall account separately for uranium, thorium and plutonium, in accordance with the categories listed in Article 21(2), point (b). In addition, for each inventory change, the date of the change and, when appropriate, the dispatching material balance area or the shipper and the receiving material balance area or the recipient shall be indicated.

Article 12

Accounting reports

Starting from the moment operators hold nuclear material, they shall provide the Commission with accounting reports.

The accounting reports shall contain the information available on the date of reporting and must be corrected at a later date if necessary. Accounting reports shall be transmitted to the Commission electronically.

Upon a reasoned request, further details or explanations in connection with those accounting reports shall be provided to the Commission within 3 weeks or within a different agreed timeframe.

Article 13

Initial book inventory

Any operator in the territory of a State acceding to the European Union shall provide the Commission, within 30 days of the date of entry into force of this Regulation in that State, with an initial book inventory of all nuclear materials it is holding, including nuclear materials previously considered as retained waste and nuclear materials previously exempted from IAEA safeguards, except nuclear material on which IAEA safeguards were terminated. The format set out in Annex V shall be used.

Article 14

Inventory change report

Unless otherwise specified in the particular safeguard provisions referred to in Article 8 for an installation, inventory change reports shall be sent monthly, at the latest 15 days after the end of the month, and shall state all inventory changes which have occurred or become known during that month.

(a) a first inventory change report containing any inventory changes up to and including the physical inventory taking date, which shall be sent at the latest, together with the second inventory change report, or together with the physical inventory listing and the material balance report if the latter are sent before the second inventory change report;

(b) a second inventory change report containing all inventory changes from the first day after the physical inventory taking date to the end of the month, which shall be sent within 15 days of the end of the month.

Article 15

Material balance report and physical inventory listing

(b) a physical inventory listing, in the format set out in Annex V, showing all batches separately.

Article 16

Special reports

Operators shall transmit to the Commission a special report whenever any of the circumstances referred to in Article 17 or 25 arise.

The special reports, and further details or explanations requested in connection with those reports, shall be provided to the Commission without delay. If further technical investigations are required, those special reports shall contain the information available on the date of reporting and be completed as soon as possible with the outcome of those investigations.

Article 17

Unusual occurrences

A special report shall be provided, as required in Article 16, in the following cases:

(a) if, as a result of any unusual incident or circumstances, it is considered that there has been or might be an increase or a loss of nuclear material, including during transfer to or from the installation; in such case, the special report shall include a description of the incident or circumstances, the weights of uranium, thorium and plutonium, in accordance with the categories listed in Article 21(2), point (b), the weight of the fissile isotopes in the case of enriched uranium, as well as a description of how the weights were established, and any further actions taken, including to avoid recurrence of a loss;

(b) if the containment has unexpectedly changed, to a point where an unauthorised removal of nuclear material has become possible; in such case, the special report shall include a description of the incident or circumstances, and it may also include a description of any actions taken to reduce the risk of unauthorised removal and to avoid recurrence.

The operators concerned shall provide those special reports as soon as they have become aware of any such increase or loss or of any such sudden unexpected change, or of anything which leads them to consider that there has been such an occurrence. The causes for such unusual occurrences shall also be stated as soon as they are known.

For each installation, further details on the information to be provided may be specified in the particular safeguard provisions referred to in Article 8.

Article 18

Reporting of nuclear transformations

In respect of reactors, calculated data on nuclear transformations shall be reported in the inventory change report at the latest when irradiated fuel is transferred from the reactor material balance area. In addition, other procedures for recording and reporting nuclear transformations may be specified in the particular safeguard provisions referred to in Article 8.

Article 19

Particular safeguard obligations

(a) initial book inventory provided for in Article 13;

(b) inventory change reports, including ending book inventories, provided for in Article 14;

(c) material balance reports and physical inventory listings provided for in Article 15;

(d) intended exports and imports provided for in Articles 23 and 24;

(e) accounting records provided for in Article 11, first paragraph, points (a) and (c).

Unless specifically prohibited in any of those agreements with a third country or an international organisation, the identification of nuclear materials referred to in the first subparagraph shall not preclude the physical mixing of nuclear materials.

Article 20

Pool accounting and obligation exchanges

A reasoned and motivated request for authorising the use of pool accounting shall be submitted in writing to the Commission, with a proposal of pool accounting modalities.

A reasoned and motivated request for an exchange of obligations shall be submitted electronically to the Commission using the form set out in Annex XVI. The operator concerned shall be informed within an agreed timeframe whether the conditions for the exchange of obligations are met.

Article 21

Weight units and categories of nuclear materials

The corresponding material accounting records shall be kept in grams 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, quantities may be rounded down when the first decimal is 0 to 4 and rounded up when the first decimal is 5 to 9.

(a) the total weight of the elements uranium, thorium and plutonium, and also, for enriched uranium, the total weight of the fissile isotopes;

Article 22

Derogations

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.

(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 %.

CHAPTER IV

TRANSFERS BETWEEN STATES

Article 23

Exports and shipments

(a) are exported to a third country;

(b) are shipped from a non-nuclear-weapon Member State to a nuclear-weapon Member State; or

(c) are shipped from a nuclear-weapon Member State to a non nuclear-weapon Member State.

(a) where the consignment exceeds one effective kilogram; or

(b) where an installation transfers a total quantity of materials to the same State that exceeds or may exceed one effective kilogram in any consecutive period of 12 months, even though no single consignment exceeds one effective kilogram.

Article 24

Imports and receipts

(a) are imported from a third country;

(b) are received in a non-nuclear-weapon Member State from a nuclear-weapon Member State; or

(c) are received in a nuclear-weapon Member State from a non nuclear-weapon Member State.

(a) where the consignment exceeds one effective kilogram; or

(b) where an installation imports or receives a total quantity of materials from the same State that exceeds or may exceed one effective kilogram in any consecutive period of 12 months, even though no single consignment exceeds one effective kilogram.

Article 25

Loss or delay during transfer

A special report as referred to in Article 16 shall be submitted by the operators notifying a transfer under Article 23 or 24 where, following exceptional circumstances or an incident, they have received information that nuclear materials have been lost or appear to be lost, or where there has been a considerable delay during transfer. In such cases, the special report shall include a description of the incident or circumstances and may also include any further actions taken.

For each installation, further details on the information to be provided may be specified in the particular safeguard provisions referred to in Article 8.

Article 26

Communication of change of date

Any change of the dates indicated for packing before transfer, transport or unpacking of nuclear materials in the advance notifications referred to in Articles 23 and 24 shall be communicated without delay, with an indication of the revised dates if known, unless that change gives rise to a special report.

CHAPTER V

SPECIFIC PROVISIONS

Article 27

Ore installations

Such records shall be retained for at least 5 years.

Article 28

Ore shipment/export reports

By way of derogation from Articles 12 to 19 and Article 21, any operator extracting ores or keeping ores shall report to the Commission, using the form set out in Annex VIII, on:

(a) the amount of material dispatched from each mine, by 31 January of each year for the previous calendar year; and

(b) exports of ores to third countries, by the date of the dispatch at the latest.

Article 29

Carriers and temporary storage agents

Any person or undertaking engaged, within the territories of the Member States, in transporting, or temporarily storing during transport, nuclear materials shall accept or hand over such nuclear materials only against a duly signed and dated receipt. This receipt shall state the names of the parties handing over and receiving the nuclear materials and indicate the quantities carried as well as the category, form and composition of the nuclear materials.

If so required for reasons of physical protection, the description of the nuclear materials transferred may be replaced by a suitable identification of the consignment. Such identification shall be traceable to records held by the operators shipping and receiving the nuclear materials.

Those records shall be retained by the contracting parties for at least 5 years.

Article 30

Substitute records for carriers and temporary storage agents

Records already held by persons or undertakings in accordance with existing regulations which apply to them in the territory of the Member States in which they operate may be considered as being the records referred to in Article 29, provided that such records contain all the information required under that Article.

Article 31

Intermediaries

Any intermediaries taking part in the conclusion of any contract for the supply of nuclear materials, such as authorised agents, brokers or commission agents, shall keep all records relating to the transactions performed by them or on their behalf for at least 5 years after expiry of the contract. Such records shall contain the names of the contracting parties and indicate the date of the contract as well as the quantity, category, form, composition, origin and destination of the materials.

Article 32

Transmission of information and data

The Commission may transmit to the International Atomic Energy Agency information and data obtained pursuant to this Regulation.

Article 33

Waste initial stock list and accounting records

By way of derogation from Articles 9 to 13, Article 15 and Article 19(1) for material that has been previously declared as retained waste and from Articles 9 to 15 and Article 19(1) for material that has previously been declared as conditioned waste, those records shall include:

(a) the operating data used to determine changes in the quantities and composition of nuclear material;

(b) a stock list to be updated yearly after the physical inventory taking;

(c) a description of the sequence of actions taken to prepare for and take a physical inventory, and to ensure that the inventory is correct and complete;

(d) a description of the actions taken in order to ascertain the cause and magnitude of any accidental loss that might have occurred;

(e) all stock changes, so that the book inventory can be established when requested.

Specific reporting requirements for the processing of waste may be specified in the particular safeguard provisions referred to in Article 8.

Article 34

Processing of waste

Operators shall give advance notification to the Commission of any processing campaign of material that has previously been declared as retained or conditioned waste, excluding repackaging or further conditioning without separation of elements.

That advance notification shall include information on the amount of plutonium, high enriched uranium and uranium-233 per batch, the form, such as glass or high active liquid, the expected duration of the campaign, and the location of the material before and after the campaign. Such notification shall be communicated electronically to the Commission using the form set out in Annex XII, at least 200 days before the campaign starts.

Article 35

Transfers of conditioned waste

Operators shall submit electronically by 31 January annual reports on:

(a) shipments or exports of conditioned waste to an installation within or outside the territories of the Member States, using the form set out in Annex XIII;

(b) receipts or imports of conditioned waste from an installation within or outside the territories of the Member States, using the form set out in Annex XIV;

(c) changes in location of conditioned waste containing plutonium, high enriched uranium or uranium-233, using the form set out in Annex XV.

Article 36

Termination of safeguards

(a) nuclear material which is measured or estimated on the basis of measurements, and which has been irrevocably discarded to the environment as the result of a planned discharge; for this purpose, discards to the environment shall be declared in the inventory change report referred to in Article 14;

(b) nuclear material considered as irrecoverable for practical or economic reasons which is incorporated in end products used for non-nuclear purposes such as alloys or ceramics; for this purpose, termination of use shall be declared in the inventory change report referred to in Article 14;

(c) nuclear material contained in waste in very low concentrations measured or estimated on the basis of measurements, even if these materials are not disposed of; for this purpose, termination of safeguards shall be declared in the inventory change report referred to in Article 14;

(d) nuclear material contained in conditioned waste in very low concentrations, which is already disposed of. For this purpose, termination of safeguards shall be declared in the inventory change report referred to in Article 14.

Article 37

National LOF

(a) the physical inventory is taken by all individual smallholders comprising the national LOF and the data from the smallholders reflect the actual inventory at the date of the physical taking determined by the responsible authority;

(b) the physical inventories of each individual smallholder can be identified in the physical inventory listing transmitted to the Commission;

(c) the accounting reports are substantiated with the relevant operating records referred to in Article 10(1);

(d) the provisions of this Regulation are effectively implemented within the scope of the national LOF.

Article 38

International obligations

CHAPTER VI

SPECIFIC PROVISIONS APPLICABLE IN THE TERRITORY OF THE NUCLEAR-WEAPON MEMBER STATE

Article 39

Specific provisions applicable in the nuclear-weapon Member State

(a) to installations or parts of installations which have been assigned to meet defence requirements and which are situated in the territory of the nuclear-weapon Member State; nor

(b) to nuclear materials which have been assigned to meet defence requirements by the nuclear-weapon Member State.

(a) the provisions of Articles 3(1), 4 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 which at other times are operated exclusively with civil nuclear materials;

(b) the provisions of Articles 3(1), 4 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, store or use in any other way, simultaneously, both civil nuclear materials and nuclear materials assigned or liable to be assigned to meet defence requirements;

(c) the provisions of Articles 2 and 7, Articles 9 to 37, paragraphs 1 and 2 of this Article and Articles 41, 42 and 43 shall apply in relation to all civil nuclear materials situated in the installations or parts of installations referred to in points (a) and (b) of this paragraph;

(d) the provisions of Article 6, Article 34 and Article 35, point (c), shall not apply in the territories of the nuclear-weapon Member State.

CHAPTER VII

FINAL PROVISIONS

Article 40

Confidentiality of data

Article 41

Installations controlled from outside the Community

Where an installation is controlled by a person or undertaking established outside the Community, any obligation laid down in this Regulation shall be fulfilled by the local management of that installation.

Article 42

Implementation and monitoring

Article 43

Repeal

Regulation (Euratom) No 302/2005 is repealed with effect from the date of entry into force of this Regulation.

However, Annexes III to IX and XII to XV shall be repealed with effect from 16 October 2028, and Annexes I, II and XI shall be repealed with effect from 16 December 2025.

References to the repealed Regulation shall be construed as references to this Regulation.

Article 44

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Annexes III to X and XII to XV shall apply from 16 October 2028, and Annexes I, II, XI and XVI shall apply from 16 December 2025.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 26 May 2025.

For the Commission The President Ursula VON DER LEYEN

(1) Council Decision (Euratom) 2025/492 of 18 February 2025 approving a Commission regulation on the application of Euratom safeguards (OJ L, 2025/492, 14.3.2025, ELI: http://data.europa.eu/eli/dec/2025/492/oj).

(2) Commission Regulation (Euratom) No 302/2005 of 8 February 2005 on the application of Euratom safeguards (OJ L 54, 28.2.2005, p. 1, ELI: http://data.europa.eu/eli/reg/2005/302/oj).

(3) Agreement 78/164/Euratom between 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, the European Atomic Energy Community and the International Atomic Energy Agency in implementation of Article III (1) and (4) of the Treaty on the non-proliferation of nuclear weapons (OJ L 51, 22.2.1978, p. 1, ELI: http://data.europa.eu/eli/agree_internation/1978/164/oj).

(4) Additional Protocol 1999/188/Euratom to the Agreement between the Republic of Austria, the Kingdom of Belgium, the Kingdom of Denmark, the Republic of Finland, the Federal Republic of Germany, the Hellenic Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Portuguese Republic, the Kingdom of Spain, the Kingdom of Sweden, the European Atomic Energy Community and the International Atomic Energy Agency in implementation of Article III(1) and (4) of the Treaty on the Non-proliferation of Nuclear weapons (OJ L 67, 13.3.1999, p. 1, ELI: http://data.europa.eu/eli/prot/1999/188/oj).

(5) Agreement of 27 July 1978 between France, the European Atomic Energy Community and the International Atomic Energy Agency for the Application of Safeguards in France (IAEA information circular INFCIRC/290 of December 1981).

(6) Additional Protocol to the Agreement between France, the European Atomic Energy Community and the International Atomic Energy Agency for the Application of Safeguards in France (IAEA information circular INFCIRC/290/Add.1 of 24 February 2005).

(7) C(2022)4388 final.

(8) Commission Decision (EU, Euratom) 2015/443 of 13 March 2015 on Security in the Commission (OJ L 72, 17.3.2015, p. 41, ELI: http://data.europa.eu/eli/dec/2015/443/oj).

(9) Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53, ELI: http://data.europa.eu/eli/dec/2015/444/oj).

(10) Council Regulation (Euratom) No 3 of 31 July 1958 implementing Article 24 of the Treaty establishing the European Atomic Energy Community (OJ 17, 6.10.1958, p. 406, ELI: http://data.europa.eu/eli/reg/1958/3(1)/oj).

(11) EAEC Council Regulation No 9 defining the concentrations in ores as provided for in Article 197 (4) of the Treaty establishing the European Atomic Energy Community (OJ 12, 22.2.1960, p. 482, ELI: http://data.europa.eu/eli/reg/1960/9(1)/oj).