Guidelines

The Commission shall adopt and publish Guidelines for the application of this Regulation by means of a Recommendation, and, if necessary, update them in the light of the experience gained, in close consultation with the Member States, and after having obtained observations from interested parties.

Article 38

Repeal

Regulation (Euratom) No 3227/76 is repealed.

References to the repealed Regulation shall be construed as references to this Regulation.

Article 39

Transitional period

The Commission may grant an exemption from the obligation to use the reporting formats set out in Annexes III, IV and V. The exemption shall apply to persons or undertakings using the reporting format of Annex II, III and IV of Regulation (Euratom) No 3227/76 on the date of entry into force of this Regulation. It shall be granted for a maximum of five years from that date.

The persons or undertakings referred to in the first subparagraph of Article 3(1) shall, within a period of three years of the date of entry into force of this Regulation, inform the Commission of the date on which they intend to start using the reporting formats set out in Annexes III, IV and V. Upon duly justified request and the presentation of an implementation programme the Commission may, on a case by case basis, extend the period by up to two years.

Article 40

Entry into force

This Regulation shall enter into force on the twentieth day following its publication in the

Official Journal of the European Union

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

Done at Brussels, 8 February 2005.

For the Commission

Andris

PIEBALGS

Member of the Commission

(1)

OJ L 363, 31.12.1976, p. 1

. Regulation as last amended by Regulation (Euratom) No 2130/93 (

OJ L 191, 31.7.1993, p. 75

(2)

OJ L 51, 22.2.1978, p. 1

(3)

OJ L 67, 13.3.1999, p. 1

(4) IAEA document INFCIRC/263 dated October 1978.

(5) IAEA document INFCIRC/290 dated December 1981.

(6)

OJ L 308, 8.12.2000, p. 26

. Rules of procedure as last amended by Decision 2004/563/EC, Euratom (

OJ L 251, 27.7.2004, p. 9

(7)

OJ L 317, 3.12.2001, p. 1

(8)

OJ 17, 6.10.1958, p. 406/58

ANNEX I

QUESTIONNAIRE FOR THE DECLARATION OF THE BASIC TECHNICAL CHARACTERISTICS OF THE INSTALLATIONS

I-A. REACTORS

Date: …………

NB:

Under Article 79 of the Treaty, those subject to safeguards requirements shall notify the authorities of the Member State concerned of any communications they make to the Commission pursuant to Article 78 and the first paragraph of Article 79 of the Treaty.

The reply ‘not applicable’ can be given to questions which are not applicable. The Commission is still entitled to request any additional information it considers necessary in connection with the relevant questionnaire.

The declaration, duly completed and signed, should be forwarded to the European Commission, Euratom Safeguards, L-2920 Luxembourg.