31996D0671
96/671/Euratom: Commission Decision of 13 November 1996 relating to a procedure in application of Article 83 of the Euratom Treaty (XVII-05 - Jenson Tungsten Ltd, Hemel Hempstead) (Only the English text is authentic)
Official Journal L 313 , 03/12/1996 P. 0020 - 0024
COMMISSION DECISION of 13 November 1996 relating to a procedure in application of Article 83 of the Euratom Treaty (XVII-05 - Jenson Tungsten Ltd, Hemel Hempstead) (Only the English text is authentic) (96/671/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 the firm Jenson Tungsten Ltd of Hemel Hempstead (United Kingdom) the opportunity to express its point of view on the objections raised by the Commission,
Whereas as follows:
I. FACTS
This Decision concerns non-compliance with essential safeguards requirements by the firm Jenson Tungsten Ltd (Hemel Hempstead, United Kingdom) during the period May 1992 to October 1995.
Jenson Tungsten Ltd is an engineering firm operating from premises previously occupied by other firms who carried out machining operations on depleted uranium. As a result, when Jenson Tungsten Ltd began operating in 1992, it took possession of a residual stock of depleted uranium turnings or 'swarf`, resulting from earlier operations. As the owner of this material, Jenson Tungsten Ltd accordingly became responsible for satisfying the safeguards obligations under Chapter VII of the Euratom Treaty. Jenson Tungsten Ltd now works in the field of manufacture and machining of tungsten alloys. There are no longer activities concerning nuclear material on the site and none are planned.
Through various correspondence, inspections and a hearing held in London in the offices of the Commission on 29 November 1995, the following facts were established:
- On 9 March 1992, Euratom carried out an inspection at the firm. The findings were sent to the operator in a letter in July 1992 and indicated:
- that no accountancy system for nuclear material which satisfied the Commission Regulations was in place. The operator was requested to establish such a system. This was to include labelling of storage containers, accounting records ledger, source documentation,
- that it was not possible to carry out a satisfactory inventory verification due to unsatisfactory and incomplete records of the material on stock,
- that many of the submitted reports were found to have been incorrect, many were missing and many inconsistencies were revealed.
The operator was also reminded that, before shipping any nuclear material, it would have to be characterized and, when shipped, reported according to the Commission regulations. Following this audit, and based on information provided by the operator, a stock figure was agreed as at 31 July 1992. This figure was 9,073 tonnes depleted uranium and 7,5 kilograms natural uranium.
- On 12 May 1994, following a letter from the Euratom Safeguards Directorate (hereinafter 'Euratom`) dated 23 March 1994 enquiring about the situation of depleted uranium swarf awaiting disposal, Jenson Tungsten Ltd confirmed that 6,407 tonnes depleted uranium swarf had been dispatched on 7 October 1993.
- On 19 September 1994, following various actions resulting from the inspection of 9 March 1992 and the shipment of 7 October 1993, Euratom requested Jenson Tungsten Ltd in writing to comment on the calculated residual inventory figures of 2,666 tonnes depleted uranium and 7,5 kilograms natural uranium.
- On 7 April 1995, Euratom received Jenson Tungsten Ltd's reply which stated:
- that four containers holding depleted uranium swarf remained on the site,
- that Jenson Tungsten Ltd was not in a position to confirm the precise weight of the remaining material and that their best estimate based on the weight of the containers already disposed of was 1,2 tonnes,
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