No L 371/16 Official Journal of the European Communities 31. 12. 94 COMMISSION DECISION of 21 December 1994 relating to a procedure pursuant to Article 83 of the Euratom Treaty (XVII-004 — Escuela Técnica Superior de Ingenieros Industriales de la Universidad Politécnica de Madrid) (Onl_y the Spanish text is authentic) {94/955/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 Escuela Técnica Superior de Ingenieros Industriales de la Universidad Politécnica de Madrid (Spain) the opportunity to express its point of view on the objections raised by the Commission, ' Whereas: 1. THE FACTS This Decision concerns the non-declaration, from January 1986 until June 1994, of a nuclear installation located at the Escuela Técnica Superior de Ingenieros Industriales de la Universidad Politécnica de Madrid (Spain), hereinafter referred to as ‘ETSIP. ETSII is a school for university-grade engineers, and forms part of the Universidad Politécnica de Madrid. For the practical exercises of the students it carries out technical demonstrations. Through a series of documents, on-site verifications and the hearing held in Brussels in the offices of the Commission on 18 August 1994, the following facts were established: — ETSII used a nuclear installation for educational training purposes. Its equipment consisted of a subcritical assembly in the form of a stainless steel vessel with a water purification system. In this vessel a lattice was mounted into which a set of tubes could be positioned, — the nuclear inventory consisted of 1350 fuel rods containing in total 3622 kg of metallic natural uranium with an aluminium cladding. There were also 270 tubes which could contain § fuel rods each and which were used for positioning the fuel in the reactor vessel, — the stainless steel vessel was delivered in 1962 and the nuclear material in 1971 and 1972. From that date it was used for educational purposes until 1982. Both equipment and nuclear material remained stored at the ETSII premises until they were exported in July and August 1994, — upon accession of Spain to the European Communities on 1 January 1986 the provisions of ~ Title Two, Chapter VII, of the Treaty became applicable in Spain. However, no declaration of the * installation was made by ETSII to the Commission under Article 78 (1), - — on 14 June 1994 the Spanish authorities informed the Commission of the existence of the installation and the nuclear material contained therein. At the same time the Commission was informed of ETSII’s interition to close and dismantle the installation and to export the nuclear material and equipment, — on 17 June 1994 the basic technical characteristics of the installation were declared to the Commission by ETSII, — during the period between January 1986 and June " 1994 the installation was known to the responsible national authorities who also .issued the operating . licence. However, the installation was not included in the initial declarations submitted by the responsible national authorities to the Commission upon the accession of Spain to the Communities. The facts related to the non-declaration of the installation are not disputed by the operator. II. LEGAL ASSESSMENT A. The legal provisions By virtue of the nature of the installation and the nuclear material inventory, ETSII is an undertaking falling within the terms of Article 196 (b) of the Treaty. It is therefore subject to the provisions of Title Two, Chapter VII, of the Treaty, and to Commission Regulation (Euratom) No 3227/76 of 19 October 1976 concerning the application of the provisions of Euratom safeguards (1), as last amended by Regulation (Euratom) No 2130/93 (3). Under Article 77 of the Treaty, the Commission shall satisfy itself that, in the territories of the Member States: (a) ores, source materials and special fissile materials are not diverted from their intended uses as declared by the users; (b) the provisions relating to supply and any particular safeguarding obligations assumed by the Community (1) OJ No L 363, 31. 12. 1976, p. 1. (3) OJ No L 191, 31. 7. 1993, p. 75.