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Article 20 - Pool accounting and obligation exchanges

Article 20
Pool accounting and obligation exchanges

1. The use, scope, reporting and modalities of pool accounting require prior authorisation by the Commission, which may be granted on a case-by-case basis if such use is justified in view of the type and activities of the installation and in accordance with criteria described in the recommendation referred to in Article 42. The modalities of pool accounting shall not prejudice the fulfilment of the commitments of the Community, such as respect for the equivalence principle and the proportionality principle. A reasoned and motivated request for authorising the use of pool accounting shall be submitted in writing to the Commission, with a proposal of pool accounting modalities.

2. The pool code, as communicated by the Commission, shall be used to identify all nuclear materials in the accountancy pool in the reports provided for in Articles 14 and 15. The total amounts of nuclear materials assigned to the pool shall be known at all times for each obligation code and shall be provided to the Commission each month in the form of an electronic pool report.

3. The authorisation referred to in paragraph 1 may be withdrawn if the provisions of this Regulation or the conditions specified in the authorisation are no longer met.

4. Particular safeguard obligations as referred to in Article 19 may be exchanged between two quantities of nuclear materials, subject to equivalence criteria applicable to the relevant NCA and to specific conditions communicated to the operator within an agreed timeframe after the request and all relevant information is received. A reasoned and motivated request for an exchange of obligations shall be submitted electronically to the Commission using the form set out in Annex XVI. The operator concerned shall be informed within an agreed timeframe whether the conditions for the exchange of obligations are met.

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