The Commission has today proposed revised rules on reporting by users of nuclear material in the EU within the framework of the ‘Euratom safeguards’ supervisory system. The proposal consists of a new regulation to update and replace the current Regulation 302/2005, taking into account the developments in recent years in the nuclear sector and in information technology. The aim is to ensure the continued effectiveness and efficiency of Euratom safeguards in guaranteeing the peaceful use of civil nuclear materials in the EU.
The proposal follows and fully implements the conclusions of an in-depth evaluation conducted in 2022 with the purpose of providing evidence to support legislative decisions in this policy area. In line with the Euratom Treaty, it is now for the Council to approve this new regulation.
The proposed changes aim to introduce
- a more gradual approach to reporting to reduce the burden on users of small amounts of nuclear materials
- provisions for safeguards-by-design to include safeguards considerations early in the project planning, and avoid delays or additional costs
- templates for providing technical information for new types of nuclear installations, such as deep geological repositories
- more clarity on the reporting of nuclear equipment and technologies in the scope of the various international nuclear cooperation agreements
- additional requirements for electronic reporting, in line with the European Commission digital strategy
- updated definitions to improve clarity and coherence with other legal acts in the nuclear domain, which have been amended in recent years, such as rules on nuclear safety of nuclear installations, and on the management of spent fuel and radioactive waste
Background
The Euratom Treaty, laying the foundation for the peaceful use of nuclear materials and technologies in the Member States of the European Union, establishes a nuclear material supervision system, known as ‘Euratom safeguards’.
Article 77 of the Euratom Treaty explicitly requires the Commission to ensure non-diversion of civil nuclear materials from their intended uses and compliance with the safeguards obligations assumed by the Euratom Community under international agreements. In this context, Article 79 of the Treaty requires “a regulation made by the Commission and approved by the Council”.
These measures are currently provided by Commission Regulation (Euratom) No 302/2005 of 8 February 2005. It lays down the obligations for the users of nuclear materials, such as declaring specific information to the European Commission and keeping operation records. This enables the Commission to verify that nuclear materials are not diverted from their intended uses.
The in-depth evaluation of the current Regulation concluded in 2022 was based on data up to the end of 2021. It took account of a targeted consultation with stakeholders directly affected by the rules, such as operators and the responsible national authorities in the EU Member States. The views of the wider nuclear safeguards community, expressed at different forums at the EU and global level, were also considered. The evaluation concluded that the Regulation has been successfully implemented; but highlighted how its effectiveness has gradually decreased, mostly due to the technological progress and the developments in the nuclear sector since 2005.
Documents
- Proposal for a Council Decision approving a Commission Regulation (Euratom) on the application of Euratom safeguards (COM/2023/793) and its annex
- Commission Regulation (Euratom) 302/2005
Related links
Details
- Publication date
- 21 December 2023
- Author
- Directorate-General for Energy