Brussels, 28 February 2005
Commission Regulation (Euratom) No 302/2005 of 8 February 2005 on the application of Euratom safeguards (OJ
Article 38 - Repeal
Regulation (Euratom) No 32/76 is repealed. References to the repealed Regulation shall be construed as references to this Regulation.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 32/76 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.
1. Guidelines will be adopted and published by the Commission as provided in Article 37 of the Regulation. They will provide non-binding orientations and guidance to operators so as to facilitate the application of the Regulation. It is understood that the Guidelines will not create any legal rights or obligations and that the Regulation will remain the binding instrument which will prevail in case of any divergence between the Regulation and the Guidelines.
2. It is understood that by following the Guidelines the operators would ensure that they are in compliance with the provisions of the Regulation addressed by the Guidelines.
3. The Commission will follow the developments in the field of safeguards and monitor the application of the Regulation. On this basis, the Commission may, as appropriate, modify the Guidelines. Prior to the adoption of any modification, the Commission will undertake to consult stakeholders and Member States. In adopting such modifications the Commission will take account of the positions expressed in such consultations.
4. It is understood that the Working Party on Atomic Questions, in a suitable composition, will be the forum for the consultation of Member States.
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