8. 8.9 Official Journal of the European Communities No L 209/27 COMMISSION DECISION of 1 August 1990 relating to a procedure in application of Article 83 of the Euratom Treaty (XVII-001 — ANF Lingen) (Only the German text is authentic) (90/413/Euratom) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 83 thereof, Having given Advanced Nuclear Fuels GmbH of Lingen (Federal Republic of Germany) the opportunity to express its. point of view on the objections raised by the Commis- sion, Whereas as follows : I. THE FACTS This Decision concerns the undeclared export of nuclear material from the Federal Republic of Germany to the United States of -America by Advanced Nuclear Fuels GmbH during the month of May 1990. Advanced Nuclear Fuels GmbH, hereinafter referred to as ‘ANF Lingen’, runs a fabrication -plant which regularly receives.nuclear material from Advanced Nuclear Fuels of Richland {USA), hereinafter referred to as ‘ANF Richland’. Through letters of 18 May, 26 June and 3 July 1990, and the hearing held in Brussels in the offices of the Commission on 13 July 1990, the following facts were established : — On 8 May 1990, a loading pallet with two containers, each containing two boxes, was moved from the storage area to the material entry lock at the plant for the purpose of removing the boy containing uranium pellets enriched to-3,3 %. Once this operation had been completed the pallet, . together with its two containers, was mistakenly placed outside, close to the storage area for empty containers, -and forgotten about. The two containers on the pallet now only contained three boxes: one with 49,84 kilogrammes of. uranium- oxide (UO2) enriched to 2,7 % and the two others, weighing 49,86 kilogrammes and 47,29 kilogrammes - respectively, with uranium enriched to 3,95 %. — On the moring of 11 May 1990, during preparation of a shipment of 72 empty containers for ANF Richland, the pallet in question was loaded by mistake by another employee on to a lorry belonging to a normal goods transport company. The employee in charge of -the -operation observed that the containers on the pallet were marked with the labels stipulated by national law indicating the presence of radioactive materials. Since the containers were standing in this.area, he believed them to be empty and destined for shipment, and removed the labels, replacing them with ones indicating that the containers were empty. On the same day, at 7 p.m,, the lorry was unloaded at Luxembourg-Findel airport and ‘the consignment packed for transport by air. — On 12 May 1990, the containers were transported by cargo plane to Seattle (USA), where they arrived at 9.10 p.m. local time. — On 14 May 1990, the containers were transported by road to ANF Richland, arriving on 15-May 1990. ANF Lingen was informed that same day by ANF Richmond that, after carrying out a routine dosimetric check, they had established the presence of nuclear material in-the two containers which were supposed to be empty. An examination of the seals carried out immediately thereafter revealed that no material could habe been removed from the three boxes concerned. — On 16 May 1990, ANF Lingen notified the Safeguards Directorate at the Commission - of. the occurence. — On 17 May 1990, ANF Lingen also notified the Euratom Supply Agency of the occurrence.. II. LEGAL ASSESSMENT A — The legal provisions By virtue of its activities, ANF Lingen is an undertaking falling within the terms of Article-196 (b) of the Euratom Treaty. It is-therefore subject to the provisions of Chapter VII, Title Two, of the Treaty, to-Commission Regulation (Buratom) No 3227/76 of 19 October 1976 concerning the application -of the provisions on Euratom safe- guards ('), as amended- by Regulation (Euratpm) No 220/90 of 26 January 1990 (3, and to the Commission Decision of § June 1985 laying down the particular safe- guards provisions for this undertaking. () OJ No L 363, 31. 12. 1976, p. 1. () OJ No L 22, 27. 1. 1990, p. S6.