COMMISSION RECOMMENDATION of 21 December 1994 on the application of Euratom safeguards in Spain (Only the Spanish text is authentic) (94/956/Euratom)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 83 (3) thereof,

Whereas, pursuant to the first paragraph of Article 78 of the Treaty, 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 should 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 of Euratom safeguards as set out in Article 77;

Whereas in June 1994 Spain made the Commission aware of the existence of a nuclear installation in Spain located at the Escuela Técnica Superior de Ingenieros Industriales de la Universidad Politécnica de Madrid (hereinafter referred to as 'ETSII') which, since 1972, had consisted of a subcritical assembly with an associated stock of 3 622 kg of natural uranium;

Whereas this installation was not declared to the Commission upon Spain's accession to the European Communities on 1 January 1986 nor thereafter until its existence was made known in June 1994;

Whereas by Commission Decision 94/955/Euratom, of 21 December 1994, relating to a procedure pursuant to Article 83 of the Euratom Treaty (1), a warning has been imposed on ETSII as a sanction for the non-declaration of the installation;

Whereas the investigation carried out by the Commission revealed that during the period between January 1986 and June 1994 the installation had been known to the responsible national authorities, who had also issued the operating licence;

Whereas by virtue of the Treaty, Member States shall take all appropriate measures to ensure fulfilment of the obligations arising out of it, and in particular to ensure compliance in their territories with the obligations arising under Title Two, Chapter VII;

Whereas in those circumstances, it is necessary to ensure that all nuclear installations on the territory of Spain are declared to the Commission in accordance with the provisions of the Treaty,

HEREBY RECOMMENDS:

1. Spain should adopt all necessary measures to ensure that all installations in Spain for the production, separation or other use of source materials or special fissile materials or for the processing of irradiated nuclear fuels are declared to the Commission according to the provisions of the Treaty.

2. Spain should inform the Commission of the results of the measures undertaken within a period of three months.

This recommendation is addressed to the Kingdom of Spain.

Done at Brussels, 21 December 1994.

For the Commission

Marcelino OREJA

Member of the Commission

(1) See page 16 in this Official Journal.