Radioactive Waste and Spent Fuel) Regulations, 2009

L.N. 48 of 2009

ENVIRONMENT PROTECTION ACT

(CAP. 435)

Waste Management (Supervision and Control of Shipments of

Radioactive Waste and Spent Fuel) Regulations, 2009

IN exercise of the powers conferred by articles 9, 10, 11(1)(b)

and 28 of the Environment Protection Act, the Prime Minister, after

consultation with the Malta Environment and Planning Authority,

has made the following regulations:-

(1) These regulations may be cited as the Waste Title and

Management (Supervision and Control of Shipments of Radioactive

Waste and Spent Fuel) Regulations, 2009.

(2) These regulations shall come into force on such date

as the Minister responsible for the environment may by notice in the

Gazette appoint and different dates may be so appointed for different

provisions and different purposes of these regulations.

(1) These regulations shall bring into effect the provisions

of Council Directive 2006/117/EURATOM of 20 November 2006

on the supervision and control of shipments of radioactive waste and

spent fuel and Commission Decision 2008/312/EURATOM of 5

March 2008 establishing the standard document for the supervision

and control of shipments of radioactive waste and spent fuel referred

to in Council Directive 2006/117/EURATOM.

(2) These regulations lay down a system of supervision

and control of transboundary shipments of radioactive waste

and spent fuel, so as to guarantee an adequate protection of the

population.

(3) These regulations provide additional measures,

procedures and guidance to those mentioned in the Nuclear Safety

and Radiation Protection Regulations, 2003.

(1) For the purposes of these regulations the following

definitions shall apply

“the Act” means the Environment Protection Act;

“the Community” means the European Atomic Energy

Community;

“the Competent Authority” means the Malta Environment

and Planning Authority and such other body or person as the

Minister may by order in the Gazette, prescribe and different

bodies or persons may be designated as the competent

authority for different provisions and different purposes of

these regulations;

“competent authorities” means any authority which,

under the law or regulations of the countries of origin, transit

or destination, are empowered to implement the system of

supervision and control of shipments of radioactive waste or

spent fuel;

“consignee” means any natural or legal person to whom

radioactive waste or spent fuel is shipped;

“country or Member State of origin” means any country

or Member State from which a shipment is planned to be

initiated or is initiated;

“country or Member State of destination” means any

country or Member State to which a shipment is planned or

takes place;

“country or Member State of transit” means any country

or Member State other than the country or the Member State

of origin or the country or the Member State of destination,

through the territory of which a shipment is planned or takes

place;

“disposal” means the emplacement of radioactive waste

or spent fuel in an authorised facility without the intention of

retrieval;

“disused source” means a sealed source which is no

longer used or intended to be used for the practice for which

authorisation was granted;

“duly completed application” means the standard

document that complies with all the requirements, as established

in accordance with regulation 5 of these regulations.

“extra-Community shipment” means a shipment carried

out where the country of origin and, or the country of destination

are third countries;

“holder” means any natural or legal person who, before

carrying out a shipment of radioactive waste or spent fuel is

responsible under the applicable national law for such materials

and plans to carry out a shipment to a consignee;

“intra-Community shipment” means a shipment carried

out where the country of origin and the country of destination

are Member States;

“Malta” means the Island of Malta, the Island of Gozo

and the other islands of the Maltese Archipelago, including the

territorial waters thereof;

“the Minister” means the Minister responsible for the

environment;

“radioactive waste” means radioactive material in gaseous,

liquid or solid form for which no further use is foreseen by

the countries of origin and destination, or by a natural or legal

person whose decision is accepted by these countries, and

which is controlled as radioactive waste by a regulatory body

under the legislative and regulatory framework of the countries

of origin and destination;

“recognised installation” means a facility located in the

territory of a country authorised by the competent authorities

of that country in accordance with national law for the long-

term storage or disposal of sealed sources or an installation

duly authorised under national law for the interim storage of

sealed sources;

“reprocessing” means a process or operation, the purpose

of which is to extract radioactive isotopes from spent fuel for

further use;

“sealed source” has the meaning given to it by the

Nuclear Safety and Radiation Protection Regulations, 2003,

and includes the capsule, where applicable, enclosing the

radioactive material as an integral part of the source;

“shipment” means the whole of operations involved in

moving radioactive waste or spent fuel from the country or the

Member State of origin to the country or the Member State of

destination;

“spent fuel” means nuclear fuel that has been irradiated in

and permanently removed from a reactor core; spent fuel may

either be considered as usable resource that can be reprocessed

or be destined for final disposal with no further use foreseen

and shall be treated as radioactive waste;

“storage” means the holding of radioactive waste or spent

fuel in a facility that provides for its containment, with the

intention of retrieval;

“waste” in addition to what is said in the Act, means

any thing, substance, product or object, whether in solid or

liquid form, whether hazardous or otherwise, which the holder

discards, or intends, or is required to discard, or any other which

is deemed to be waste by the competent authority nominated

by the Minister responsible for the environment under article

6 of the Act;

(2) All other terms shall have the same meaning as that

assigned to them in regulation 3 of the Nuclear Safety and Radiation

Protection Regulations, 2003.

(1) These regulations shall apply to transboundary

shipments of radioactive waste or spent fuel whenever

(a) the country of origin or the country of destination

or any country of transit is a Member State of the Community;

and,

(b) the quantities and concentration of the consignment

exceed the levels laid down in paragraphs (a) and (b) of sub-

regulation (2) of regulation 18 of the Nuclear Safety and

Radiation Protection Regulations, 2003.

(2) These regulations shall not apply to

(a) shipments of disused sources sent to a supplier or

to a manufacturer of radioactive sources or to a recognised

installation;

(b) shipments of radioactive materials recovered,

through reprocessing, for further use; and

(c) transboundary shipments of waste that contain only

naturally occurring radioactive material which does not arise

from practices.

(3) These regulations shall not affect the right of a

Member State or of an undertaking in that Member State to which

radioactive waste is to be shipped for processing, or for other material

which is to be shipped with the purpose to recover the radioactive

waste, to return the radioactive waste after treatment to its country

of origin.

(4) These regulations shall not affect the right of

a Member State or of an undertaking in that Member State, to

which spent fuel is to be shipped for reprocessing, to return to its

country of origin radioactive waste recovered from the reprocessing

operation.

(5) Without prejudice to the competence of each

Member State to define its own spent fuel cycle policy, these

regulations shall not affect the right of a Member State to export

spent fuel for reprocessing, taking into account the principles of the

nuclear common market, in particular the free movement of goods

Provided that those shipments and exports shall be

supervised and controlled in accordance with the procedures laid

down in these regulations.

(6) These regulations shall not affect the right of a

Member State to safely return to its country of origin

(a) shipments of radioactive waste and spent fuel which

fall under the scope of these regulations but which were not

duly authorised in accordance with these regulations; and

(b) radioactively contaminated waste or material

containing a radioactive source where this material has not

been declared as radioactive waste by the country of origin.

(7) These regulations shall be without prejudice to

rights and obligations under international law and shall apply

without prejudice to existing provisions, such as nuclear safety and

radiation protection requirements or specific legislation, in particular

the Nuclear Safety and Radiation Protection Regulations, 2003.

(1) A standard document shall be used in respect of any

shipment of radioactive waste or spent fuel between Member States

or into, out of and through the Community within the scope of these

regulations, as follows

(a) Section A-1 to A-6 of Schedule 1 to these regulations

shall be completed for shipments of radioactive waste;

(b) Section B-1 to B-6 of Schedule 1 to these regulations

shall be completed for shipments of spent fuel, including that

destined for final disposal and as such categorised as waste;

(c) Section A-1 or B-1 of Schedule 1 to these regulations

shall be used for the application for authorisation of shipments

and shall be completed by the applicant, depending on the type

of the shipment

Provided that the applicant shall be

(i) the holder in case of a shipment between

Member States (type MM) or an export from the

Community into a third country (type ME);

(ii) the consignee in case of an import into the

Community from a third country (type IM);

(iii) the person responsible for the shipment in the

Member State by which the radioactive waste or spent

fuel enters the Community in case of a transit through the

Community (type TT).

(d) Section A-2 or B-2 of Schedule 1 to these regulations

shall be used for the acknowledgement of receipt of application

and shall be completed by the relevant competent authorities

concerned, depending on the type of the shipment

Provided that the competent authorities shall be

(i) of origin in case of a shipment between Member

States (type MM) or an export from the Community into

a third country (type ME);

(ii) of destination in case of an import into the

Community from a third country (type IM); or

(iii) of transit where the shipment first enters the

Community in case of a transit through the Community

(type TT).

(e) Section A-3 or B-3 of Schedule 1 to these regulations

shall be used for the refusal or consent and shall be completed

by all competent authorities concerned.

(f) Section A-4a/A-4b or B-4a/B-4b of Schedule 1 to

these regulations shall be used for the authorisation or refusal

of shipment and shall be completed by the competent authority

responsible for issuing the authorisation, depending on the

type of the shipment

Provided that the competent authority responsible for

issuing the authorisation shall be the competent authority of

(i) the Member State of origin in case of a

shipment between Member States (type MM) or an

export from the Community into a third country (type

ME);

(ii) the Member State of destination in case of an

import into the Community from a third country (type

IM); or

(iii) the first Member State of transit, where the

shipment enters the Community in case of a transit

through the Community (type TT).

(g) Section A-5 or B-5 of Schedule 1 to these regulations

shall be used for the description of consignment and list of

packages and shall be completed by the applicant

Provided that the applicant shall be

(i) the holder in case of a shipment between

Member States (type MM) or an export from the

Community into a third country (type ME);

(ii) the consignee in case of an import into the

Community from a third country (type IM); or

(iii) the person responsible for the shipment in the

Member State by which the radioactive waste or spent

fuel enters the Community in case of a transit through

the Community (type TT).

(h) Section A-6 or B-6 of Schedule 1 to these

regulations shall be used for the acknowledgement of receipt

of the shipment and shall be completed by

(i) the consignee in case of a shipment between

Member States (type MM) or an import into the

Community from a third country (type IM); or

(ii) the holder in case of an export from the

Community into a third country (type ME); or

(iii) the person responsible for the shipment in the

Member State by which the radioactive waste or spent

fuel enters the Community in case of a transit through the

Community (type TT).

(2) The standard document shall be made available

in electronic form, in the format presented in Schedule 1 to these

regulations.

(3) The application for authorisation shall be completed

and any further documents and information referred to in regulations

12, 19, 26, 29, 31, 32 and 33 hereof shall be supplied in a language

that is acceptable to the competent authorities of the Member State

to whom the application for authorisation is submitted in accordance

with these regulations

Provided that an authenticated translation shall be

supplied by the holder at the request of the competent authorities

of the country of destination or transit in a language acceptable to

them.

(4) Any additional requirements for authorising a

shipment shall be attached to the standard document.

(5) Without prejudice to any other accompanying

documents required under other relevant legal provisions, the

completed standard document certifying that the authorisation

procedure has been duly complied with shall accompany each

shipment falling under the scope of these regulations, including

cases where the authorisation relates to more than one shipment in

a single document.

(6) These documents shall be available to the competent

authorities of the country of origin and destination and any country

of transit.

In the case of any shipment of radioactive waste or spent

fuel originating from Malta, transiting through Malta or destined to

Malta, the Competent Authority may not grant an authorisation unless

it has first consulted the Radiation Protection Board established

under regulation 9 of the Nuclear Safety and Radiation Protection

Regulations, 2003.

PART II

TYPES OF SHIPMENTS

For the purposes of these regulations, shipments of

radioactive waste or spent fuel shall be classified in one of the

following types

(1) Intra-Community shipment originating from Malta

any shipment of radioactive waste or spent fuel carried out where the

country of origin is Malta and the country of destination is another

Member State; or

(2) Intra-Community shipment transiting through

Malta: any shipment of radioactive waste or spent fuel carried

out where the country of origin and the country of destination are

Member States and Malta is a country of transit; or

(3) Intra-Community shipment destined to Malta: any

shipment of radioactive waste or spent fuel carried out where the

country of destination is Malta and the country of origin is another

Member State; or

(4) Extra-Community shipment originating from Malta

any shipment of radioactive waste or spent fuel carried out where

the country of origin is Malta and the country of destination is a

third country; or

(5) Extra-Community shipment transiting through

Malta: any shipment of radioactive waste or spent fuel carried out

where the country of origin and, or the country of destination are

third countries and Malta is a country of transit; or

(6) Extra-Community shipment destined to Malta: any

shipment of radioactive waste or spent fuel carried out where the

country of origin is a third country and the country of destination is

Malta.

PART III

INTRA-COMMUNITY SHIPMENTS ORIGINATING

FROM MALTA

(1) A holder who plans to carry out an intra-Community

shipment of radioactive waste or spent fuel or to arrange for such a

shipment to be carried out shall submit a duly completed application

for authorisation to the Competent Authority, as competent authority

of the Member State of origin.

(2) The application may be sent in respect of more than

one shipment, provided that

(a) the radioactive waste or the spent fuel to which it

relates essentially shall have the same physical, chemical and

radioactive characteristics; and

(b) the shipments shall be made from the same holder to

the same consignee and involve the same competent authorities,

and

(c) where shipments involve transit through third

countries, such transit shall be via the same frontier post of

entry to and, or exit from the Community and via the same

frontier post(s) of the third country or countries concerned,

unless otherwise agreed between the competent authorities

concerned.

(1) The Competent Authority, as competent authority of

the Member State of origin, shall send the duly completed application

referred to in regulation 8 hereof for consent to the competent

authorities of the Member State of destination and of the Member

States of transit, if any.

(2) The Competent Authority, as competent authority

of the Member State of origin, shall take the necessary measures

to ensure that all information regarding shipments covered by these

regulations shall be handled with due care and protected against any

misuse.

(1) Within twenty days following the receipt of

the application, the competent authorities of the Member State

of destination and transit shall verify that the application is duly

completed.

(2) In case the application is duly completed, the

competent authorities of the Member State of destination shall send

an acknowledgement of receipt of application to the Competent

Authority, as competent authority of the Member State of origin,

and copy it to the other competent authorities concerned, not later

than ten days after expiry of the twenty day period set out in sub-

regulation (1) hereof.

(3) If any of the competent authorities of the Member

States concerned considers that the application is not duly completed,

it shall request the missing information from the Competent

Authority, as competent authority of the Member State of origin,

and it shall inform the other competent authorities of such request

Provided that this request shall be made not later than the

expiry of the period set out in sub-regulation (1) hereof.

(4) The Competent Authority, as competent authority of

the Member State of origin, shall transmit the requested information

to the competent authorities concerned.

(5) Not later than ten days after the date of receipt of

the missing information and not earlier than after expiry of the

twenty days period set out in sub-regulation (1) of this regulation,

the competent authorities of the Member State of destination shall

send an acknowledgement of receipt of application to the Competent

Authority, as competent authority of the Member State of origin,

and they shall copy it to the other competent authorities concerned.

(6) The time periods set out in sub-regulations (1),

(2), (3), (4) and (5) hereof for issuing the acknowledgement of

receipt of application may be shortened if the competent authorities

of destination and transit are satisfied that the application is duly

completed.

(1) Not later than two months from the date of

acknowledgement of receipt of application, the competent authorities

of all Member States concerned shall notify the Competent

Authority, as competent authority of the Member State of origin, of

their consent, or of the conditions which they consider necessary for

giving their consent, or of their refusal to grant consent

Provided that the competent authorities of the Member

State of destination or of any Member State of transit may request

a further period of not more than one month in addition to the

period referred to in sub-regulation (1) hereof to make their position

known.

(2) If upon expiry of the periods set out in sub-regulation

(1) hereof, no reply has been received from the competent authorities

of the Member State of destination and, or the intended Member

State of transit, those countries shall be deemed to have given their

consent for the shipment requested.

(3) Reasons shall be given by competent authorities

for any refusal to grant consent, or for conditions attached to their

consent, which shall be based

(a) for the competent authorities of the Member States

of transit, on the relevant national, Community or international

legislation applicable to the transport of radioactive material;

(b) for the competent authorities of the Member

State of destination, on relevant legislation applicable to the

management of radioactive waste or spent fuel or on relevant

national, Community or international legislation applicable to

the transport of radioactive material

Provided that any conditions imposed by the competent

authorities of the Member States of transit or of destination, may not

be more stringent than those laid down for similar shipments within

those Member States.

(4) The competent authorities of the Member States of

transit which gave consent to transit for a given shipment may not

refuse to give consent to reshipment in the following cases

(a) when the initial consent concerned material being

shipped for treatment or reprocessing purposes, if the reshipment

concerns radioactive waste or other products equivalent to

the original material after treatment or reprocessing, and all

relevant legislation is respected;

(b) under the circumstances described in regulation 14

hereof, if the reshipment is undertaken on the same conditions

and with the same specifications.

(1) If all the consents necessary for shipment have Authorisation of

been given, the Competent Authority, as competent authority of the

Member State of origin, shall be entitled to authorise the holder to

carry out the shipment and shall inform the competent authorities of

the Member State of destination and of any Member State or third

country of transit accordingly.

(2) The authorisation referred to in sub-regulation (1)

hereof shall not in any way affect the responsibility of the holder,

the transporters, the owner, the consignee or any other natural or

legal person involved in the shipment.

(3) A single authorisation may cover more than one

shipment, where the conditions set out in sub-regulation (2) of

regulation 8 hereof are met.

(4) Any authorisation shall be valid for a period of not

more than three years

Provided that, when establishing this period of validity,

the Competent Authority as competent authority of the Member

State of origin, shall take into account any conditions set out in the

consent given by the Member States of destination or of transit.

(1) Within fifteen days of receipt of each shipment,

the consignee shall send the competent authorities of the Member

State of destination an acknowledgement of receipt.

(2) The competent authorities of the Member State of

destination shall send copies of the acknowledgement of receipt of

the shipment to the Competent Authority as competent authority of

the Member State of origin, and the competent authorities of any

Member State or third country of transit.

(3) The Competent Authority, as competent authority of

the Member State of origin, shall send a copy of the acknowledgement

of receipt of the shipment to the original holder.

(1) The Competent Authority as competent authority

of the Member State of origin, and the competent authorities of

the Member State of destination and transit may decide that the

shipment may not be completed if the conditions for shipment are

no longer complied with in accordance with these regulations, or are

not in accordance with the authorisations or consents given pursuant

to these regulations

Provided that such Member State shall forthwith inform

the competent authorities of the other Member States involved in

the shipment of this decision.

(2) Where a shipment cannot be completed or if the

conditions for shipment are not complied with in accordance with

these regulations, the Competent Authority as competent authority

of the Member State of origin, shall ensure that the radioactive waste

or the spent fuel in question is taken back by the holder, unless an

alternative safe arrangement can be made

Provided that these competent authorities shall ensure

that the person responsible for the shipment takes corrective safety

measures where necessary.

(3) The holder shall be liable for costs arising in cases

where the shipment cannot or may not be completed.

PART IV

INTRA-COMMUNITY SHIPMENTS TRANSITING

THROUGH MALTA

(1) A holder who plans to carry out an intra-Community authorisation of

shipment of radioactive waste or spent fuel or to arrange for such a shipment.

shipment to be carried out shall submit a duly completed application

for authorisation to the competent authorities of the Member State

of origin.

(2) The application may be sent in respect of more than

one shipment, provided that

(a) the radioactive waste or the spent fuel to which it

relates essentially shall have the same physical, chemical and

radioactive characteristics;

(b) the shipments shall be made from the same holder to

the same consignee and involve the same competent authorities,

and

(c) where shipments involve transit through third

countries, such transit shall be via the same frontier post of

entry to and, or exit from the Community and via the same

frontier post(s) of the third country or countries concerned,

unless otherwise agreed between the competent authorities

concerned.

(1) The competent authorities of the Member State Transmission

of origin shall send the duly completed application referred to in competent authorities.

regulation 15 hereof for consent to the competent authorities of the

Member State of destination, the Competent Authority as competent

authority of the Member State of transit, and the competent authorities

of the other Member States of transit, if any.

(2) The Competent Authority, as competent authority of

the Member State of transit, shall take the necessary measures to

ensure that all information regarding shipments covered by these

regulations shall be handled with due care and protected against any

misuse.

(1) Within twenty days following the receipt of

the application, the competent authorities of the Member State of

destination, the Competent Authority as competent authority of the

Member State of transit, and the competent authorities of the other

Member States of transit, if any, shall verify that the application is

duly completed.

(2) In case the application is duly completed, the

competent authorities of the Member State of destination shall send

an acknowledgement of receipt of application to the competent

authorities of the Member State of origin and they shall copy it to

the Competent Authority, as competent authority of the Member

State of transit, and the competent authorities of the other Member

States of transit, if any, not later than ten days after expiry of the

twenty days period set out in sub-regulation (1) of this regulation.

(3) If any of the competent authorities of the Member

States concerned consider that the application is not duly completed,

they shall request the missing information from the competent

authorities of the Member State of origin and inform the Competent

Authority as competent authority of the Member State of transit, and

the competent authorities of the other Member States of transit, if

any, of such request

Provided that this request shall be made not later than the

expiry of the period set out in sub-regulation (1) of this regulation.

(4) The competent authorities of the Member State of

origin shall transmit the requested information to the competent

authorities concerned.

(5) Not later than ten days after the date of receipt

of the missing information and not earlier than after expiry of

the twenty day period set out in sub-regulation (1) hereof , the

competent authorities of the Member State of destination shall send

an acknowledgement of receipt of application to the competent

authorities of the Member State of origin and shall copy it to the

Competent Authority, as competent authority of the Member State

of transit, and the competent authorities of the other Member States

of transit, if any.

(6) The time periods set out in sub-regulations (1), (2),

(3), (4) and (5) hereof for issuing the acknowledgement of receipt

of application may be shortened if the competent authorities of

destination, Competent Authority as competent authority of the

Member State of transit, and the competent authorities of the other

Member States of transit, if any, are satisfied that the application is

duly completed.

(1) Not later than two months from the date of

acknowledgement of receipt of application, the competent authorities

of destination, the Competent Authority as competent authority of

the Member State of transit, and the competent authorities of the

other Member States of transit, if any, shall notify the competent

authorities of the Member State of origin of their consent, or of the

conditions which they consider necessary for giving their consent,

or of their refusal to grant consent

Provided that the competent authorities of destination, the

Competent Authority as competent authority of the Member State of

transit, and the competent authorities of the other Member States

of transit, if any, may request a further period of not more than one

month in addition to the period referred to in sub-regulation (1)

hereof to make their position known.

(2) If upon expiry of the periods set out in sub-regulation

(1) hereof, no reply has been received from the competent authorities

of destination, the Competent Authority as competent authority of the

Member State of transit, and the competent authorities of the other

Member States of transit, if any, those countries shall be deemed to

have given their consent for the shipment requested.

(3) Reasons shall be given by the competent authorities

for any refusal to grant consent, or for conditions attached to its

consent, which shall be based

(a) for the Competent Authority, as competent authority

of the Member State of transit, and the competent authorities

of the other Member States of transit, if any, on the relevant

national, Community or international legislation applicable to

the transport of radioactive material;

(b) for the competent authorities of destination, on

relevant legislation applicable to the management of radioactive

waste or spent fuel or on relevant national, Community

or international legislation applicable to the transport of

radioactive material

Provided that any conditions imposed by the competent

authorities of destination, the Competent Authority as competent

authority of the Member State of transit, and the competent

authorities of the other Member States of transit, if any, may not be

more stringent than those laid down for similar shipments within

those Member States.

(4) The Competent Authority as competent authority of

the Member State of transit, and the competent authorities of the

other Member States of transit, if any, which gave consent to transit

for a given shipment may not refuse to give consent to reshipment

in the following cases

(a) when the initial consent concerned material being

shipped for treatment or reprocessing purposes, if the reshipment

concerns radioactive waste or other products equivalent to

the original material after treatment or reprocessing, and all

relevant legislation is respected; and

(b) under the circumstances described in regulation 21

hereof, if the reshipment is undertaken on the same conditions

and with the same specifications.

(1) If all the consents necessary for shipment have

been given, the competent authorities of the Member State of origin

shall be entitled to authorise the holder to carry out the shipment

and shall inform the competent authorities of the Member State of

destination, the Competent Authority as competent authority of the

Member State of transit, and the competent authorities of the other

Member States of transit, if any, accordingly.

(2) The authorisation referred to in sub-regulation (1)

hereof shall not in any way affect the responsibility of the holder,

the transporters, the owner, the consignee or any other natural or

legal person involved in the shipment.

(3) A single authorisation may cover more than one

shipment, where the conditions set out in sub-regulation (2) of

regulation 15 hereof are met.

(4) Any authorisation shall be valid for a period of not

more than three years

Provided that, when establishing this period of validity,

the Competent Authority, as competent authority of the Member

State of transit, shall take into account any conditions set out in the

consent given by the competent authorities of the Member State

of destination, and the competent authorities of the other Member

States of transit, if any.

(1) Within fifteen days of receipt of each shipment,

the consignee shall send an acknowledgement of receipt to the Acknowledgement

competent authorities of the Member State of destination.

(2) The competent authorities of the Member State of

destination shall send copies of the acknowledgement of receipt

of the shipment to the competent authorities of the Member State

of origin, the Competent Authority as competent authority of the

Member State of transit, and the competent authorities of any other

Member State or third country of transit, if any.

(3) The competent authorities of the Member State of

origin shall send a copy of the acknowledgement of receipt of the

shipment to the original holder.

(1) The competent authorities of the Member State of

origin, the competent authorities of the Member State of destination,

the Competent Authority as competent authority of the Member

State of transit, and the competent authorities of the other Member

States of transit, if any, may decide that the shipment may not be

completed if the conditions for shipment are no longer complied with

in accordance with these regulations, or are not in accordance with

the authorisations or consents given pursuant to these regulations

Provided that such Member State shall forthwith inform

the competent authorities of the other Member States involved in the

shipment of this decision.

(2) Where a shipment cannot be completed or if the

conditions for shipment are not complied with in accordance with

these regulations, the competent authorities of the Member State

of origin shall ensure that the radioactive waste or the spent fuel

in question is taken back by the holder, unless an alternative safe

arrangement can be made

Provided that these competent authorities shall ensure

that the person responsible for the shipment takes corrective safety

measures where necessary.

(3) The holder shall be liable for costs arising in cases

where the shipment cannot or may not be completed.

PART V

INTRA-COMMUNITY SHIPMENTS DESTINED TO

MALTA

(1) A holder who plans to carry out an intra-Community

shipment of radioactive waste or spent fuel or to arrange for such a

shipment to be carried out, shall submit a duly completed application

for authorisation to the competent authorities of the Member State

of origin.

(2) The application may be sent in respect of more than

one shipment, provided that

(a) the radioactive waste or the spent fuel to which it

relates essentially shall have the same physical, chemical and

radioactive characteristics; and

(b) the shipments shall be made from the same holder

to the same consignee and involve the same competent

authorities, and

(c) where shipments involve transit through third

countries, such transit shall be via the same frontier post of

entry to and, or exit from the Community and via the same

frontier post(s) of the third country or countries concerned,

unless otherwise agreed between the competent authorities

concerned.

(1) The competent authorities of the Member State

of origin shall send the duly completed application referred to in

regulation 22 hereof for consent to the Competent Authority as

competent authority of the Member State of destination, and the

competent authorities of the Member States of transit, if any.

(2) The Competent Authority, as competent authority of

the Member State of destination, shall take the necessary measures

to ensure that all information regarding shipments covered by these

regulations shall be handled with due care and protected against any

misuse.

(1) Within twenty days following the receipt of the

application, the Competent Authority as competent authority of the

Member State of destination, and the competent authorities of the

Member States of transit, if any, shall verify that the application is

duly completed.

(2) In case the application is duly completed, the

Competent Authority, as competent authority of the Member State of

destination, shall send an acknowledgement of receipt of application

to the competent authorities of the Member State of origin and copy

it to the other competent authorities concerned, not later than ten

days after expiry of the twenty day period set out in sub-regulation

(1) hereof.

(3) If any of the competent authorities of the Member

States concerned consider that the application is not duly completed,

they shall request the missing information from the competent

authorities of the Member State of origin and inform the other

competent authorities of such request

Provided that this request shall be made not later than the

expiry of the period set out in sub-regulation (1) of this regulation.

(4) The competent authorities of the Member State of

origin shall transmit the requested information to the competent

authorities concerned.

(5) Not later than ten days after the date of receipt of the

missing information and not earlier than after expiry of the twenty day

period set out in sub-regulation (1) hereof, the Competent Authority

as competent authority of the Member State of destination, shall

send an acknowledgement of receipt of application to the competent

authorities of the Member State of origin and copy it to the other

competent authorities concerned.

(6) The time periods set out in sub-regulations (1), (2),

(3), (4) and (5) hereof for issuing the acknowledgement of receipt

of application may be shortened if the Competent Authority as

competent authority of the Member State of destination, and the

competent authorities of transit are satisfied that the application is

duly completed.

(1) Not later than two months from the date of

acknowledgement of receipt of application, the competent authorities

of all Member States concerned shall notify the competent authorities

of the Member State of origin of their consent, or of the conditions

which they consider necessary for giving their consent, or of their

refusal to grant consent

Provided that the Competent Authority as competent

authority of the Member State of destination, and the competent

authorities of any Member State of transit may request a further

period of not more than one month in addition to the period referred

to in the sub-regulation (1) hereof to make their position known.

(2) If upon expiry of the periods set out in sub-regulation

(1) hereof, no reply has been received from the Competent Authority

as competent authority of the Member State of destination, and/or

the competent authorities of the intended Member State of transit,

those countries shall be deemed to have given their consent for the

shipment requested.

(3) Reasons shall be given by the competent authorities

for any refusal to grant consent, or for conditions attached to its

consent, which shall be based

(a) for the competent authorities of the Member States

of transit, on the relevant national, Community or international

legislation applicable to the transport of radioactive material;

(b) for the Competent Authority, as competent authority

of the Member State of destination, on relevant legislation

applicable to the management of radioactive waste or spent fuel

or on relevant national, Community or international legislation

applicable to the transport of radioactive material

Provided that any conditions imposed by the competent

authorities of the Member States of transit or the Competent Authority

as competent authority of the Member State of destination, may not

be more stringent than those laid down for similar shipments within

those Member States.

(4) The competent authorities of the Member State or

States of transit which gave consent to transit for a given shipment

may not refuse to give consent to reshipment in the following

cases

(a) when the initial consent concerned material being

shipped for treatment or reprocessing purposes, if the reshipment

concerns radioactive waste or other products equivalent to

the original material after treatment or reprocessing, and all

relevant legislation is respected;

(b) under the circumstances described in regulation 28

hereof, if the reshipment is undertaken on the same conditions

and with the same specifications.

(1) If all the consents necessary for shipment have been

given, the competent authorities of the Member State of origin shall shipments.

be entitled to authorise the holder to carry out the shipment and

shall inform the Competent Authority as competent authority of the

Member State of destination, and the competent authorities of any

Member State or third country of transit accordingly.

(2) The authorisation referred to in sub-regulation (1)

hereof shall not in any way affect the responsibility of the holder, the

transporters, the owner, the consignee or any other natural or legal

person involved in the shipment.

(3) A single authorisation may cover more than one

shipment, where the conditions set out in sub-regulation (2) of

regulation 22 hereof are met.

(4) Any authorisation shall be valid for a period of not

more than three years

Provided that, when establishing this period of validity,

the Competent Authority shall take into account any conditions set

out in the consent given by the Competent Authority as competent

authority of the Member State of destination, or the competent

authorities of the Member States of transit.

(1) Within fifteen days of receipt of each shipment, Acknowledgement

the consignee shall send the Competent Authority as competent shipment.

authority of the Member State of destination, an acknowledgement

of receipt.

(2) The Competent Authority as competent authority

of the Member State of destination, shall send copies of the

acknowledgement of receipt of the shipment to the competent

authorities of the Member State of origin and any Member State or

third country of transit.

(3) The competent authorities of the Member State of

origin shall send a copy of the acknowledgement of receipt of the

shipment to the original holder.

(1) The Competent Authority as competent authority

of the Member State of destination, and the competent authorities of

the Member State of origin or transit may decide that the shipment

may not be completed if the conditions for shipment are no longer

complied with in accordance with these regulations, or are not in

accordance with the authorisations or consents given pursuant to

these regulations

Provided that such Member State shall forthwith inform

the competent authorities of the other Member States involved in

the shipment of this decision.

(2) Where a shipment cannot be completed or if the

conditions for shipment are not complied with in accordance with

these regulations, the competent authorities of the Member State

of origin shall ensure that the radioactive waste or the spent fuel

in question is taken back by the holder, unless an alternative safe

arrangement can be made

Provided that these competent authorities shall ensure

that the person responsible for the shipment takes corrective safety

measures where necessary.

(3) The holder shall be liable for costs arising in cases

where the shipment cannot or may not be completed.

PART VI

EXTRA-COMMUNITY SHIPMENTS ORIGINATING

FROM MALTA

(1) Where radioactive waste or spent fuel is to be

exported from Malta to a third country, the holder shall submit

an application for authorisation to the Competent Authority as

competent authority of the Member State of origin

Provided that the application may be sent in respect

of more than one shipment, under the conditions set out in sub-

regulation (2) of regulation 8 hereof.

(2) The Competent Authority as competent authority of

the Member State of origin, shall

(a) notify the competent authorities of the country of

destination of the planned shipment and ask their consent; and

(b) send the application referred to in sub-regulation (1)

hereof for consent to the competent authorities of the Member

States of transit, if any

Provided that regulation 10 of these regulations shall

apply.

(3) If all the consents necessary for shipment have

been given, the Competent Authority as competent authority of the

Member State of origin, shall be entitled to authorise the holder to

carry out the shipment and shall inform the competent authorities

of the third country of destination and of any Member State or third

country of transit accordingly

Provided that sub-regulations (2), (3) and (4) of regulation

12 hereof shall apply.

(4) The holder shall notify the Competent Authority

as competent authority of the Member State of origin, that the

radioactive waste or spent fuel has reached its destination in the third

country within fifteen days of the date of arrival and shall indicate

the last customs post in the Community through which the shipment

passed

Provided that the notification shall be substantiated by

a declaration or certification by the consignee stating that the

radioactive waste or spent fuel has reached its proper destination

and indicating the customs post of entry in the third country.

(5) The Competent Authority, as competent authority of the

Member State of origin, or the competent authorities of any Member

State of transit may decide that the shipment may not be completed

if the conditions for shipment are no longer complied with in

accordance with these regulations, or are not in accordance with the

authorisations or consents issued pursuant to these regulations

Provided that such competent authorities of Member

State of transit shall forthwith inform the Competent Authority,

as competent authority of the Member State of origin, of this

decision

Provided also that sub-regulations (2) and (3) of regulation

14 hereof, shall apply.

(1) The Competent Authority as competent authority of

the Member State of origin, shall not authorise shipments

(a)

to a destination south of latitude 60° south; or

(b) to a State which is party to the Partnership Agreement

between the members of the African, Caribbean and Pacific

Group of States of the one part, and the European Community

and its Member States, of the other part, (Cotonou ACP-EC

Agreement) which is not a Member State, without prejudice to

sub-regulations (3) and (4) of regulation 4 hereof, or

(c) to a third country which does not, in the opinion

of the Competent Authority as competent authority of the

Member State of origin, in accordance with the criteria

referred to in sub-regulation (1) (b) of this regulation, have the

administrative and technical capacity and regulatory structure

to manage the radioactive waste or spent fuel safely, as stated

in the Joint Convention

Provided that in coming to an opinion on this issue, the

Competent Authority as competent authority of the Member State

of origin, shall take duly into account any relevant information from

the competent authorities of other Member States.

PART VII

EXTRA-COMMUNITY SHIPMENTS TRANSITING

THROUGH MALTA

(1) Where radioactive waste or spent fuel is to enter

the Community from a third country and the country of destination

is not a Member State, the natural or legal person who has the

responsibility for managing the shipment within Malta through

whose customs post radioactive waste or spent fuel is first to enter

the Community shall submit an application for authorisation to the

Competent Authority, as competent authority of the first Member

State of transit

Provided that the application may be sent in respect

of more than one shipment, under the conditions set out in sub-

regulation (2) of regulation 15 hereof.

Provided also that the application shall include evidence

that the consignee established in the third country has made an

arrangement with the holder established in the third country, and

accepted by the competent authorities of that third country, obliging

that holder to take back radioactive waste or the spent fuel where a

shipment cannot be completed in accordance with these regulations,

as provided for in sub-regulation (5) of this regulation.

(2) The Competent Authority as competent authority of

the first Member State of transit, shall send the application referred to

in sub-regulation (1) hereof for consent to the competent authorities

of other Member States of transit, if any.

Provided that regulations 17 and 18 hereof shall apply.

(3) If all the consents necessary for shipment have been

granted, the Competent Authority as competent authority of the first

Member State of transit, shall be entitled to authorise the person

responsible referred to in sub-regulation (1) hereof to carry out the

shipment and shall inform the competent authorities of any other

Member State or third country of transit or of origin accordingly

Provided that sub-regulations (2), (3) and (4) of regulation

19 hereof shall apply.

(4) The person responsible referred to in sub-regulation

(1) hereof shall notify the Competent Authority as competent

authority of the first Member State of transit, that the radioactive

waste or spent fuel has reached its destination in the third country

within fifteen days of the date of arrival and shall indicate the

last customs post in the Community through which the shipment

passed

Provided that the notification shall be substantiated

by a declaration or certification by the consignee stating that the

radioactive waste or spent fuel has reached its proper destination

and indicating the customs post of entry in the third country.

(5) The competent authorities of a Member State of

transit may decide that the shipment may not be completed if the

conditions for shipment are no longer complied with in accordance

with these regulations, or are not in accordance with the authorisations

or consents issued pursuant to these regulations

Provided that such Member State shall forthwith inform

the competent authorities of the country of origin of this decision

Provided also that the person responsible referred to in

sub-regulation (1) of this regulation shall be liable for costs arising

in cases where the shipment cannot or may not be completed.

(1) Where radioactive waste or spent fuel is to enter

the Community from a third country and the country of destination

is not a Member State, the natural or legal person who has the

responsibility for managing the shipment within the Member State

through whose customs post radioactive waste or spent fuel is first

to enter the Community (first Member State of transit) shall submit

an application for authorisation to the competent authorities of that

Member State

Provided that the application may be sent in respect

of more than one shipment, under the conditions set out in sub-

regulation (2) of regulation 15 hereof

Provided also that the application shall include evidence

that the consignee established in the third country has made an

arrangement with the holder established in the third country, and

accepted by the competent authorities of that third country, obliging

that holder to take back radioactive waste or the spent fuel where a

shipment cannot be completed in accordance with these regulations,

as provided for in sub-regulation (5) hereof.

(2) The competent authorities of the first Member State

of transit shall send the application referred to in sub-regulation (1)

hereof for consent to the Competent Authority, as competent authority

of the Member State of transit, and the competent authorities of the

other Member States of transit, if any

Provided that regulations 17 and 18 hereof shall apply.

(3) If all the consents necessary for shipment have been

granted, the competent authorities of the first Member State of transit

shall be entitled to authorise the person responsible referred to in

sub-regulation (1) hereof to carry out the shipment and shall inform

the Competent Authority as competent authority of the Member

State of transit, the competent authorities of any other Member State

or third country of transit or of origin accordingly

Provided that sub-regulations (2), (3) and (4) of regulation

19 hereof shall apply.

(4) The person responsible referred to in sub-regulation

(1) hereof shall notify the competent authorities of the first Member

State of transit that the radioactive waste or spent fuel has reached

its destination in the third country within fifteen days of the date of

arrival and shall indicate the last customs post in the Community

through which the shipment passed

Provided that the notification shall be substantiated

by a declaration or certification by the consignee stating that the

radioactive waste or spent fuel has reached its proper destination

and indicating the customs post of entry in the third country.

(5) The Competent Authority as competent authority of

the Member State of transit, and the competent authorities of the

other Member States of transit, if any, may decide that the shipment

may not be completed if the conditions for shipment are no longer

complied with in accordance with these regulations, or are not in

accordance with the authorisations or consents issued pursuant to

these regulations

Provided that such Member State shall forthwith inform

the competent authorities of the country of origin of this decision

Provided also that the person responsible referred to in

sub-regulation (1) hereof shall be liable for costs arising in cases

where the shipment cannot or may not be completed.

PART VIII

EXTRA-COMMUNITY SHIPMENTS DESTINED TO

MALTA

(1) Where radioactive waste or spent fuel falling within Imports into Malta.

the scope of these regulations is to enter the Community from a third

country and the country of destination is Malta, the consignee shall

submit an application for authorisation to the Competent Authority

as competent authority of the Member State of destination

Provided that the application may be sent in respect

of more than one shipment, under the conditions set out in sub-

regulation (2) of regulation 22 hereof.

Provided also that the application shall include evidence

that the consignee has made an arrangement with the holder

established in the third country, and which has been accepted by the

competent authorities of that third country, obliging that holder to

take back the radioactive waste or the spent fuel where a shipment

cannot be completed in accordance with these regulations, as

provided for in sub-regulation (5) of this regulation.

(2) The Competent Authority as competent authority of

the Member State of destination, shall send the application referred to

in sub-regulation (1) hereof for consent to the competent authorities

of the Member States of transit, if any

Provided that regulations 24 and 25 hereof shall apply.

(3) If all the consents necessary for the shipment have

been granted, the Competent Authority as competent authority of

the Member State of destination, shall be entitled to authorise the

consignee to carry out the shipment and shall inform the competent

authorities of any Member State or third country of origin or of

transit accordingly

Provided that sub-regulations (2), (3) and (4) of regulation

26 hereof shall apply.

(4) Within fifteen days of receipt of the shipment,

the consignee shall send the Competent Authority, as competent

authority of the Member State of destination, an acknowledgement

of receipt of each shipment

Provided that the Competent Authority as competent

authority of the Member State of destination, shall send copies of

the acknowledgement to the country of origin and to any Member

State or third country of transit.

(5) The Competent Authority as competent authority of

the Member State of destination, or the competent authorities of any

Member State of transit may decide that the shipment may not be

completed if the conditions for shipment are no longer complied with

in accordance with these regulations, or are not in accordance with

the authorisations or consents issued pursuant to these regulations

Provided that such Member State shall forthwith inform

the competent authorities of the country of origin of this decision.

(6) The consignee shall be liable for costs arising in

cases where the shipment cannot or may not be completed.

PART IX

ENFORCEMENT

Any person shall be guilty of an offence under these Offences under these

regulations if

(a) he fails to comply with any provisions of these

regulations or fails to comply with permit conditions or with

any order lawfully given in terms of any provision of these

regulations; or

(b) he contravenes any restriction, prohibition or

requirement imposed by or under these regulations; or

(c) he acts in contravention of any of the provisions of

these regulations; or

(d) he conspires, attempts, aids, or abets, any other

person by whatever means, including advertising, counselling

or procurement to contravene the provisions of these regulations

or to fail to comply with any such provisions (including any

order lawfully given in terms of any of the provisions of these

regulations) or to contravene any restriction, prohibition or

requirement imposed by or under the said regulations.

Any person who commits an offence against these Penalties.

regulations shall, on conviction, be liable

(a) on a first conviction, to a fine (multa) of not less

than one thousand and one hundred and sixty-four euro and

sixty-nine cents (€1,164.69), but not exceeding two thousand

and three hundred and twenty-nine euro and thirty-seven cents

(€2,329.37);

(b) on a second conviction or subsequent convictions, to

a fine (multa) of not less than two thousand and three hundred

and twenty-nine euro and thirty-seven cents (€2,329.37), but

not exceeding four thousand and six hundred and fifty-eight

euro and seventy-five cents (€4,658.75), or to imprisonment

for a term not exceeding two years, or to both such fine and

imprisonment

Provided that whenever any person is found guilty of

committing an offence under these regulations by means of a vehicle,

the owner of the said vehicle, where applicable, is held liable in the

same manner and degree

Provided also that the court may order any person who

has been found guilty of committing an offence against these

regulations to pay for the expenses incurred by the Competent

Authority mentioned in these regulations as a result of the said

offence, the revocation of the permit issued by the Competent

Authority and the confiscation of the corpus delicti, including the

vehicle, if applicable.

(1) The provisions of articles 23 and 30 of the Criminal

Code shall, mutatis mutandis, apply to proceedings in respect of

offences against these regulations, so however that the disqualification

from holding or obtaining a licence, permit or authority shall in no

case be for less than one year.

(2) Notwithstanding the provisions of article 370 of the

Criminal Code, proceedings for an offence against these regulations

shall be held before the Court of Magistrates (Malta) or the Court of

Magistrates (Gozo), as the case may be, and shall be in accordance

with the provisions of the Criminal Code regulating the procedure

before the said courts as courts of criminal judicature.

(3) Notwithstanding the provisions of the Criminal

Code, the Attorney General shall always have a right of appeal to the

Court of Criminal Appeal from any judgement given by the Court of

Magistrates (Malta) or the Court of Magistrates (Gozo) in respect of

proceedings for any offence against these regulations.

The Supervision and Control of Shipments of Radioactive

2001. Waste Regulations, 2001 are hereby being revoked.

B

Schedule 1

(Regulation 5)

Registration No: _______________________________________________

(To be completed by the competent authority responsible

for issuing the shipments authorisation.)

SECTION A-1

APPLICATION FOR AUTHORISATION OF SHIPMENT(S) OF RADIOACTIVE WASTE

(1)

Type of shipment (tick the appropriate box)

! Type MM: Shipment between Member States (via one or more Member States or third countries)

! Type IM: Import into the Community

! Type ME: Export out of the Community

! Type TT: Transit through the Community

(2)

Application for authorisation for (tick the appropriate box)

! a single shipment____________________ Planned period of execution:_______________________

! several shipments: number (planned):___________ Planned period of execution:________________

(3)

! not applicable.

! Type MM shipment(s) via one or more third countries

Frontier post of exit from the Community*:______________________________________________

Frontier post of entry to third country* (first country crossed):________________________________

Frontier post of exit from third country* (last country crossed):_______________________________

Frontier post of return to the Community*:________________________________________________

(*)These frontier posts must be identical for all shipments covered by the application unless otherwise agreed by the competent

authorities.

(4)

Applicant (trade name):______________________________________________________________

! Holder (for Types MM, ME),____ ! Consignee (for Type IM), ___! Other (for Type TT), to be

specified: __________________________________________________________________________

Address:___________________________________________________________________________

Post code___________ Town:___________________ Country:_______________________________

Tel:_________________ Fax:_____________________ E-mail:______________________________

Contact person: Mr/Ms________________________________________________________________

(5)

Location of the radioactive waste before shipment (trade name):______________________________

Address:___________________________________________________________________________

Post code:_______________ Town:___________________________ Country:___________________

Tel:__________________ Fax:_________________ E-mail:____________________________

Contact person: Mr/Ms________________________________________________________________

(6)

Consignee (trade name): _____________________________________________________________

Address:___________________________________________________________________________

Post code:_________ Town:___________________ Country:___________________

Tel:__________________ Fax: __________________ E-Mail:__________________________

Contact person: Mr/Ms________________________________________________________________

(7)

Location of radioactive waste after shipment:______________________________________________

Address:___________________________________________________________________________

Post code:_________________ Town:_______________________ Country:_____________________

Tel:___________________ Fax:____________________ E-mail:_____________________________

Contact person: Mr/Ms:_______________________________________________________________

(8)

Nature of radioactive waste:__________________________________________________________

Physicochemical characteristics (tick as appropriate): ! solid, ! liquid, ! gaseous, ! other (e.g. fissile,

low dispersible,…), to be specified:_____________________________________________________

Main radionuclides:__________________________________________________________________

Maximum alpha activity per shipment (GBq):_______________ per package (GBq):______________

Maximum beta/gamma activity per shipment (GBq):__________ per package (GBq):_____________

Total alpha activity (GBq):___________________Total beta/gamma activity (GBq):______________

(These values are estimates if the application relates to several shipments)

(9)

Total number of packages:_____________________________________________________________

Total net mass of shipment (kg):________________Total gross mass of shipment (kg):___________

(These values are estimates if the application relates to several shipments )

Description of consignment :! Plastic bags, ! metal drums (m 3 ):_________, ! ISO transport container

(m 3 ):_________, ! other, to be specified:_________________________________________________

Type of package 1 (if known):_________________________________________________________

Means of identification of the packages (if labelling is used, annex examples):____________________

(10)

Type of activity giving rise to the radioactive waste (tick as appropriate): ! medicine, ! research,

! (non-nuclear) industry, ! nuclear industry, ! other activity (to be specified):___________________

(11)

Purpose of the shipment

! Return of radioactive waste after (re)treatment or reprocessing of spent fuel

! Return of radioactive waste after treatment of radioactive waste

! Treatment, e.g. (re)packaging, conditioning, volume reduction

! Interim storage

! Return after interim storage

! Final disposal

! Other purpose (to be specified):_______________________________________________________

(12)

Proposed mode of

Point of departure

Point of arrival

Proposed

transport (road, rail, sea, air,

Carrier

inland waterway)

(if known)

1.

2.

3.

4.

5.

6.

7.

8. (13)

Sequential list of countries concerned in the shipment (the first country is that where the radioactive

waste is held and the last is the country of destination)

1.

3.

5.

7.

2.

4.

6.

8. (14)

In accordance with the provisions of Directive 2006/117/Euratom, I, the applicant, hereby

1. apply for authorisation to make the shipment(s) of radioactive waste described above, and

2. certify that the information provided above is correct to the best of my knowledge and that the

shipment(s) will be carried out in accordance with all the relevant statutory provisions, and

3.*(Where the shipment is of Type MM or ME) undertake to take back the radioactive waste if the

shipment(s) cannot take place or if the conditions for shipment cannot be fulfilled; or

*(Where the shipment is of type IM or TT) attach hereto the evidence of the arrangement between

the consignee and the holder of the radioactive waste established in the third country, which has been

accepted by the competent authority of the third country, stating that the holder in the third country

will take back the radioactive waste if the shipment(s) cannot take place or if the conditions for

shipment cannot be fulfilled, unless an alternative safe arrangement can be made.

(*) Only one of the asterisked statements can apply: delete as applicable.

(Date and place)…………………………(Stamp)………………………..(Signature)

B

Registration No: _______________________________________________

(To be completed by the competent authority responsible

for issuing the shipments authorisation.)

SECTION A-2

ACKNOWLEDGEMENT OF RECEIPT OF APPLICATION FOR RADIOACTIVE WASTE

SHIPMENT– REQUEST FOR MISSING INFORMATION

(15)

Name of the competent authority responsible for issuing the authorisation ____________________

Member State:________________________________________________________________________

! of origin 2 , ! of destination 3 , ! where the shipment first enters the Community 4

Address:_____________________________________________________________________________

Post code:__________ Town:_________________________ Country:___________________________

Tel:___________________ Fax.:_____________________ E-mail:______________________________

Contact person: Mr/Ms_________________________________________________________________

Date of receipt/registration:_________________________________________________(dd/mm/yyyy)

(16)

Name of the competent authority concerned:______________________________________________

Member State or country of (Tick as appropriate) ! destination, ! transit, ! where the shipment first

enters the Community, or ! origin 5 :______________________________________________________

Address:_____________________________________________________________________________

Post code:______________ Town:_________________________ Country:_______________________

Tel:___________________ Fax:________________ E-mail:___________________________________

Contact person: Mr/Ms_________________________________________________________________

(17)

In accordance with the provisions of Directive 2006/117/Euratom, I hereby consider the application of

______________________(dd/mm/yyyy), received on _________________________(dd/mm/yyyy)

(a)*not duly completed and request the following missing information: (Attach complete list of missing

information (items), if space is not sufficient)________________________________________________

...............................(Date and place)…..…………(Stamp)………………………..(Signature)…………..

(b)*duly completed and acknowledge the receipt thereof.

........................(Date and place)………………(Stamp)……………………..(Signature)………….

(*) Only one of the asterisked statements can apply: delete as applicable

In case of a Type MM or type ME shipment

In case of a Type IM shipment

In case of a Type TT shipment

Not required by the Directive, Country of origin may be consulted on a voluntary basis in case of Type

TT and IM shipments.

Registration No: _____________________________________________

(To be completed by the competent authority responsible

for issuing the shipments authorisation.)

SECTION A-3

REFUSAL OR CONSENT OF THE RADIOACTIVE WASTE SHIPMENT BY THE

COMPETENT AUTHORITIES CONCERNED

(18)

Name of the competent authority concerned:______________________________________________

Member State or Country (tick and fill in as appropriate) ! of origin 6 , ! of destination 7 , ! of transit 8

:________________________________________

Address:_____________________________________________________________________________

Post code:___________ Town:_______________________ Country:__________________________

Tel:__________________ Fax:___________________ E-Mail:_________________________________

Contact person: Mr/Ms_________________________________________________________________

(19)

*) General deadline for automatic approval ___________________________________(dd/mm/yyyy)

*) Request for additional period of not more than one month, extended deadline for automatic

approval: _______________________________________________________________(dd/mm/yyyy)

(Date and place)……………………….. (Stamp)………………… (Signature)………………..

(*) Only one of the asterisked statements can apply: delete as applicable

(20)

In accordance with the provisions of Directive 2006/117/Euratom, I hereby

**refuse consent for the following reasons (attach complete list of reasons, if space is not

sufficient):___________________________________________________________________________

(Date and place)……………………….. (Stamp)………………… (Signature)………………

**grant consent under the following conditions (attach complete list, if space is not

sufficient):___________________________________________________________________________

……………..(Date and place)…………………..(Stamp)…………………(Signature)……………….

(**) Only one of the asterisked statements can apply: delete as applicable

Not required by the Directive, country of origin may be consulted on a voluntary basis in case of Type

TT and IM shipments.

In case of a Type MM or ME shipment

In case of Type MM, IM, ME or TT shipments, if one or more Member States of transit are concerned.

B

Registration No: _______________________________________________

(To be completed by the competent authority responsible

for issuing the shipments authorisation.)

SECTION A-4a

AUTHORISATION OF RADIOACTIVE WASTE SHIPMENT

(21)

Name of competent authority responsible for issuing the authorisation of the shipment

Member State (fill in and tick as appropriate):______________________________________________

! of origin, ! of destination or ! by way of which the waste enters the Community

Address:_____________________________________________________________________________

Post code:_______________ Town:_______________________ Country:________________________

Tel:___________________ Fax:__________________ E-mail:_________________________________

Contact person: Mr/Ms_________________________________________________________________

(22)

Sequential list of consents and/or refusals of the countries concerned in the shipment

Member State or

Consent

List of conditions for consent, if any

Reference to

Country

granted?

attachments

1. YES/NO*

2. YES/NO*

3. YES/NO*

4. YES/NO*

5. YES/NO*

6. YES/NO*

7. YES/NO*

8. YES/NO*

(23)

The decision adopted and recorded in this section has been reached in accordance with the provisions of

Directive 2006/117/Euratom. 9

The competent authorities of the countries concerned are informed that

the single shipment*

several shipments*

of the radioactive waste as described in Section A-1, has/have been

AUTHORISED

Date of expiry of authorisation: ____________________________________________(dd/mm/yyyy)

…… (Date and place)…………….……………….. (Stamp) …………………………… (Signature)……………

(*) only one asterisked statement can apply, delete as appropriate .

This authorisation in no way diminishes the responsibility of the holder, carrier, owner, consignee or

any other physical or legal person concerned in the shipment.

Registration No: _______________________________________________

(To be completed by the competent authority responsible

for issuing the shipments authorisation.)

SECTION A-4b

REFUSAL OF RADIOACTIVE WASTE SHIPMENT

(24)

Name of competent authority responsible for issuing the refusal of the shipment:_________________

Member State (fill in and tick as appropriate):______________________________________________

! of origin, _____! of destination __! of transit, _or ! by way of which the waste enters the Community

Address:_____________________________________________________________________________

Post code:___________ Town:__________________________ Country:_________________________

Tel:_________________ Fax:_______________ E-mail:______________________________________

Contact person: Mr/Ms_________________________________________________________________

(25)

Sequential list of consents and/or refusals of the countries concerned

Member State/

Consent

List of conditions for consent, if any,

Reference to

Country

granted?

or reasons for refusal

attachments

1. YES/NO*

2. YES/NO*

3. YES/NO*

4. YES/NO*

5. YES/NO*

6. YES/NO*

7. YES/NO*

8. YES/NO*

The decision adopted and recorded in this section has been reached in accordance with the provisions of

Directive 2006/117/Euratom. The competent authorities of the countries concerned are informed that

the single shipment*

several shipments*

of the radioactive waste as described in Section A-1, has/have been

REFUSED

……(Date and place)………………………..(Stamp) ……………………………(Signature)

(*) only one asterisked statement can apply, delete as appropriate.

B

Registration No: _______________________________________________

(To be completed by the competent authority responsible

for issuing the shipments authorisation.)

SECTION A-5

DESCRIPTION OF RADIOACTIVE WASTE CONSIGNMENT AND LIST OF PACKAGES

(26)

Applicant (Trade name):_______________________________________________________________

! Holder,____ ! Consignee,____! Other, to be specified:_____________________________________

Address:____________________________________________________________________________

Post code:____________ Town:______________________ Country:____________________________

Tel.:____________________ Fax:___________________ E-mail:______________________________

Contact person: Mr/Ms:_________________________________________________________________

(27)

Date of expiry of the authorisation __________________________________(dd/mm/yyyy), covering

! a single shipment, or ! several shipments, serial number of the shipment: _______________________

(28)

Nature of radioactive waste

Physicochemical characteristics (tick as appropriate): ! solid, ! liquid, ! gaseous, ! other (e.g. fissile,

low dispersible), to be specified:__________________________________________________________

Main radionuclides:____________________________________________________________________

Maximum alpha activity/package (GBq):__________________________________________________

Maximum beta/gamma activity/package (GBq):__________________________________________

Total alpha activity (GBq):_________________Total beta/gamma activity (GBq):__________________

*Type 10

(29)

*Identification number

*Gross mass (kg)

*Net mass (kg)

*Activity (GBq)

Total number

Total/type

Total

Total

Total

(*)To be completed for each package, attach separate list, if space is not sufficient!

(30)

Date of origin of the shipment: ____________________________________________ (dd/mm/yyyy)

I hereby certify that the information provided in this section (and in the attached list or documents) is

correct to the best of my knowledge.

……(Date and place)………………………..(Stamp) ……………………………(Signature)

According to Regulations for the Safe Transport of Radioactive Material 2005 Edition, Safety

Requirements TS-R-1 , IAEA, Vienna, 2005

Registration No: _______________________________________________

(To be completed by the competent authority responsible

for issuing the shipments authorisation.)

SECTION A-6

ACKNOWLEDGEMENT OF RECEIPT OF THE RADIOACTIVE WASTE

(31)

Consignee (trade name): _______________________________________________________________

Address:_____________________________________________________________________________

Post code:______________ Town:______________________ Country:__________________________

Tel:________________ ___Fax:___________________ E-mail:________________________________

Contact person:_______________________________________________________________________

(32)

Location where the radioactive waste is held after the shipment:______________________________

Address:_____________________________________________________________________________

Post code______________ Town:___________________ Country:______________________________

Tel:___________________ Fax:__________________ E-mail:_________________________________

Contact person: Mr/Ms_________________________________________________________________

(33)

Authorisation granted for (tick as appropriate)

! a single shipment of Type MM or IM,

! a single shipment of Type ME or TT

! several shipments of Type MM or IM, Serial number of shipment: ____________________________

Last shipment covered by the authorisation: !Yes !No

! several shipments of Type ME or TT, Serial number of shipment: _____________________________

Last shipment covered by the authorisation: !Yes !No

(34)

! Not applicable.

! Shipments of type ME or TT (this item may be replaced by a separate declaration, fill in reference to attachment)

Frontier post of entry to the third country of destination or transit:______________________

Third country:____________________ Frontier post:_________________________________________

(35)

Depending on the type of shipment, the consignee must send the acknowledgement of receipt together

with section A-5

• (Type MM or IM): to the competent authority of the Member State of destination,

• (Type ME or TT): to the applicant (Type ME: to the holder, Type TT: to the person responsible for

the shipment in the Member State by way of which the waste enters the Community) as referred to as

in item 4 (section A-1).

Date of receipt of the radioactive waste:______________________________________(dd/mm/yyyy)

Date of origin of the acknowledgement of receipt:_____________________________(dd/mm/yyyy)

I, the consignee, hereby certify that the information provided in this section (and the attached list) is

correct to the best of my knowledge.

……(Date and place)………………………..(Stamp) ……………………………(Signature)

(36)

! Not applicable.

! Shipments of type ME or TT: the applicant forwards the acknowledgement of receipt and, where

appropriate, the consignee's declaration to the authority which issued the authorisation.

1. A consignee located outside the European Union may acknowledge receipt of the radioactive waste by

means of a declaration or certificate providing at least the information contained in items 31 to 36.

2. The competent authority which receives the original acknowledgement of receipt must send copies of

it to the other competent authorities.

3. The originals of sections A-5 and A-6 must be sent finally to the competent authority which issued the

authorisation.

4. For shipments between Member States, the competent authority of the Member State of origin or

where the shipment first enters the Community must send a copy of the acknowledgement of receipt to

the holder.

B

Date of forwarding of the acknowledgement of receipt

Frontier post of exit from the Community

(together with section A-5): ____________(dd/mm/yyyy)

Country

Post

(Date and place)…………………..(Stamp) ………………(Signature of the applicant)

Registration No: _______________________________________________

(To be completed by the competent authority responsible

for issuing the shipments authorisation.)

SECTION B-1

APPLICATION FOR AUTHORISATION OF SHIPMENT(S) OF SPENT FUEL

(1)

Type of shipment (tick the appropriate box)

! Type MM: Shipment between Member States (via one or more Member States or third countries)

! Type IM: Import into the Community

! Type ME: Export out of the Community

! Type TT: Transit through the Community

(2)

Application for authorisation for (tick the appropriate box):___________________________________

! a single shipment____________________ Planned period of execution:______________________

! several shipments: number (planned):________ Planned period of execution:_____________________

(3)

! Not applicable.

! Type MM shipment(s) via one or more third countries

Frontier post of exit from the Community*:__________________________________________________

Frontier post of entry to third country* (first country crossed):__________________________________

Frontier post of exit from third country* (last country crossed):_________________________________

Frontier post of return to the Community*:__________________________________________________

(*)These frontier posts must be identical for all shipments covered by the application unless otherwise agreed by the competent

authorities.

(4)

Applicant (trade name):________________________________________________________________

! Holder (for Types MM, ME), ! Consignee (for Type IM), ! Other (for Type TT), to be specified

Address:_____________________________________________________________________________

Post code_____________ Town:___________________ Country:______________________________

Tel:_________________ Fax:_________________ E-mail:_______________________________

Contact person: Mr/Ms__________________________________________________________________

(5)

Location of the spent fuel before shipment (trade name):______________________________________

Address:_____________________________________________________________________________

Post code:____________ Town:_________________________ Country:__________________________

Tel:_________________ Fax:_________________ E-mail:_____________________________________

Contact person: Mr/Ms__________________________________________________________________

(6)

Consignee (trade name): ________________________________________________________________

Address:_____________________________________________________________________________

Post code:___________ Town:_____________________ Country:_______________________________

Tel:__________________ Fax: _________________ E-mail:_____________________________

Contact person: Mr/Ms__________________________________________________________________

(7)

Location of spent fuel after shipment:______________________________________________________

Address:_____________________________________________________________________________

Post code:__________ Town:__________________________ Country:___________________________

Tel:_______________ Fax:________________ E-mail:________________________________________

Contact person: Mr/Ms:_________________________________________________________________

(8)

Type of spent fuel: ! uranium metal, ! uranium dioxide, ! mixed oxide (MOX), ! other, please specify

Original fissile content: ! uranium-235___________________[maximum enrichment……………….%]

! MOX_____________________________________________ [nominal uranic enrichment………….%]

___________________________________________________ [maximum plutonium content……….%]

! other, please specify__________________________________________________________________

Fuel burn up (average or typical range):_____________________________________MWdays/teHM

(9)

Total number of packages (e.g. flasks):_____________________________________________________

Total number of assemblies/bundles/elements/rods (specify):____________________________________

Total net mass (kg):________________________Total gross mass (kg):___________________________

B

(These values are estimates if the application relates to several shipments)

Description of consignment (e.g. flasks):___________________________________________________

Type of package 11 (if known):_____________________________________________________________

Maximum spent fuel content per package (kg):______________________________________________

Means of identification of the packages (if labelling is used, annex examples):______________________

(10)

Type of activity giving rise to the spent fuel (tick as appropriate)_______________________________

! research, ! commercial nuclear power, ! other activity (to be specified):_________________________

(11)

Purpose of the spent fuel shipment

! (Re)treatment or reprocessing

! Interim storage

! Return after interim storage

! Final disposal

! Other purpose (to be specified):_________________________________________________________

(12)

Proposed mode of transport

Point of departure

Point of arrival

Proposed

(road, rail, sea, air, inland

carrier (if

waterway)

known)

1.

2.

3.

4.

5.

6.

7.

8. (13)

Sequential list of countries concerned in the spent fuel shipment (the first country is that where the spent fuel

is held and the last is the country of destination)

1.

3.

5.

7.

2.

4.

6.

8. (14)

In accordance with the provisions of Directive 2006/117/Euratom, I, the applicant, hereby

1. Apply for authorisation to make the shipment(s) of spent fuel described above, and

2. certify that the information provided above is correct to the best of my knowledge and that the

shipment(s) will be carried out in accordance with all the relevant statutory provisions, and

3. *(Where the shipment is of Type MM or ME) undertake to take back the spent fuel if the

shipment(s) cannot take place or if the conditions for shipment cannot be fulfilled; or

*(Where the shipment is of type IM or TT) attach hereto the evidence of the arrangement between the

consignee and the holder of the spent fuel established in the third country, which has been accepted by the

competent authority of the third country, stating that the holder in the third country will take back the

spent fuel if the shipment(s) cannot take place or if the conditions for shipment cannot be fulfilled.

(*) Only one of the asterisked statements can apply: delete as applicable

(Date and place)…………………………(Stamp)………………………..(Signature)

According to Regulations for the Safe Transport of Radioactive Material 2005 Edition, Safety

Requirements TS-R-1, IAEA, Vienna, 2005

Registration No: _______________________________________________

(To be completed by the competent authority responsible

for issuing the shipments authorisation.)

SECTION B-2

ACKNOWLEDGEMENT OF RECEIPT OF APPLICATION FOR SPENT FUEL

SHIPMENT(S) – REQUEST FOR MISSING INFORMATION

(15)

Name of the competent authority responsible for issuing the authorisation:____________________

Member State:________________________________________________________________________

! of origin 12 , ! of destination 13 , or ! where the spent fuel first enters the Community 14

Address:_____________________________________________________________________________

Post code:___________ Town:_____________________ Country:__________________________

Tel:_________________ Fax.:_________________ E-mail:____________________________________

Contact person: Mr/Ms_________________________________________________________________

Date of receipt/registration:_________________________________________________(dd/mm/yyyy)

(16)

Name of the competent authority concerned:_________________________________

Member State or country of (Tick as appropriate) ! destination, ! transit, ! where the shipment first

enters the Commmunity, or ! origin 15 ,

Address:__________________________________________________________________________

Post code:___________ Town:______________________ Country:_____________________________

Tel:________________ Fax:__________________ E-mail:____________________________________

Contact person: Mr/Ms_______________________________________________________________

(17)

In accordance with the provisions of Directive 2006/117/Euratom, I hereby consider the application

of______________________ (dd/mm/yyyy), received on __________________________(dd/mm/yyyy)

(a)*not duly completed and request the following missing information: (Attach complete list of missing

information (items), if space is not sufficient)________________________________________________

..................(Date and place)………………..…(Stamp)………………………………..(Signature)

(b)*duly completed and acknowledge the receipt thereof

...................(Date and place)……………………(Stamp)………………………………..(Signature)

(*) Only one of the asterisked statements can apply: delete as applicable

In case of a Type MM or type ME shipment

In case of a Type IM shipment

In case of a Type IM or TT shipment

Not required by the Directive, Country of origin may be consulted on a voluntary basis in case of Type

TT and IM shipments

B

Registration No: ______________________________ _________________

(To be completed by the competent authority responsible

for issuing the shipments authorisation.)

SECTION B-3

REFUSAL OR CONSENT OF SPENT FUEL SHIPMENT(S) BY THE COMPETENT

AUTHORITIES CONCERNED

(18)

Name of the competent authority concerned:______________________________________________

Member State or Country of (tick and fill in as appropriate) ! origin 16 , ! destination 17 ,

transit 18 :________________________________________

Address:_____________________________________________________________________________

Post code:_______________ Town:_______________________ Country:________________________

Tel:________________ Fax:__________________ E-mail:____________________________________

Contact person: Mr/Ms_________________________________________________________________

(19)

*) General deadline for automatic approval: _________________________________(dd/mm/yyyy)

*) Request for additional period of not more than one month, extended deadline for automatic

approval: _______________________________________________________________(dd/mm/yyyy)

(Date and place)……………………….. (Stamp)………………… (Signature)………………..

(*) Only one of the asterisked statements can apply: delete as applicable

(20)

In accordance with the provisions of Directive 2006/117/Euratom, I hereby

**refuse consent for the following reasons (attach complete list of reasons, if space is not sufficient)

(Date and Place)……………………….. (Stamp)………………… (Signature)………………

**grant consent under the following conditions (attach complete list, if space is not sufficient): ______

(Date and place)………………….. (Stamp)………………… (Signature)………………..

(**) Only one of the asterisked statements can apply: delete as applicable

Not required by the Directive, Country of origin may be consulted on a voluntary basis in case of Type

TT and IM shipments.

In case of a Type MM or ME shipments

In case of Type MM, IM, ME or TT shipment, if one or more Member States of transit are concerned.

Registration No: _______________________________________________

(To be completed by the competent authority responsible

for issuing the shipments authorisation.)

SECTION B-4a

AUTHORISATION OF SPENT FUEL SHIPMENT(S)

(21)

Name of competent authority responsible for issuing the authorisation of the shipment:____________

Member State (fill in and tick as appropriate):_______________________________

! of origin, ! of destination, ! of transit or ! by way of which the spent fuel enters the Community

Address:_____________________________________________________________________________

Post code:________________ Town:___________________ Country:___________________________

Tel:_______________________ Fax:_______________ E-mail:________________________________

Contact person: Mr/Ms_________________________________________________________________

(22)

Sequential list of consents and/or refusals of the countries concerned in the shipment

Member State/

Consent

List of conditions for consent, if any.

Reference to

Country

granted?

attachments

1. YES/NO*

2. YES/NO*

3. YES/NO*

4. YES/NO*

5. YES/NO*

6. YES/NO*

7. YES/NO*

8. YES/NO*

(23)

The decision adopted and recorded in this section has been reached in accordance with the provisions of

Directive 2006/117/Euratom. 19 The competent authorities of the countries concerned are informed that

the single shipment*

several shipments*

of spent fuel as described in Section B-1, has/have been

AUTHORISED

Date of expiry of authorisation: ___________________________________________(dd/mm/yyyy)

……(Date and place)………………………..(Stamp) ……………………………(Signature)

(*) only one asterisked statement can apply, delete as appropriate).

This authorisation in no way diminishes the responsibility of the holder, carrier, owner, consignee or

any other physical or legal person concerned in the shipment.

B

Registration No: _______________________________________________

(To be completed by the competent authority responsible

for issuing the shipments authorisation.)

SECTION B-4b

REFUSAL OF SPENT FUEL SHIPMENT(S)

(24)

Name of competent authority responsible for issuing the refusal of the shipment:_________________

Member State (fill in and tick as appropriate):_____________________________________________

! of origin, ! of destination, ! of transit or ! by way of which the spent fuel enters the Community

Address:____________________________________________________________________________

Post code:______________ Town:_______________________ Country:________________________

Tel:___________________ Fax:_______________ E-mail:___________________________________

Contact person: Mr/Ms_________________________________________________________________

(25)

Sequential list of consents and/or refusals of the countries concerned

Member State/

Consent

List of conditions for consent, if any,

Reference to

Country

granted?

or reasons for refusal

attachments

1. YES/NO*

2. YES/NO*

3. YES/NO*

4. YES/NO*

5. YES/NO*

6. YES/NO*

7. YES/NO*

8. YES/NO*

The decision adopted and recorded in this section has been reached in accordance with the provisions of

Directive 2006/117/Euratom.

The competent authorities of the countries concerned are informed that

the single shipment*

several shipment(s)*

of spent fuel as described in Section B-1, has been

REFUSED

……(Date and place)………………………..(Stamp) ……………………………(Signature)

(*) only one asterisked statement can apply, delete as appropriate).

Registration No: _______________________________________________

(To be completed by the competent authority responsible

for issuing the shipments authorisation.)

SECTION B-5

DESCRIPTION OF SPENT FUEL CONSIGNMENT AND LIST OF PACKAGES

(26)

Applicant (trade name):__________________________________________________________________

! Holder,____ ! Consignee,____! Other, to be specified:________________________________________

Address:_______________________________________________________________________________

Post code:______________ Town: ______________________Country:____________________________

Tel.:______________________Fax:________________E-mail:__________________________________

Contact person: Mr/Ms:___________________________________________________________________

(27)

Date of expiry of the authorisation __________________________________(dd/mm/yyyy), covering

! a single shipment, ! several shipments, serial number of the shipment:___________________________

(28)

Type of spent fuel: ! uranium metal, ! uranium dioxide, ! mixed oxide (MOX), ! other, please specify

Original fissile content: ! uranium-235___________ [maximum enrichment…….……………. %]

! MOX__________ [nominal U-enrichment…………. %] _________ [max. PU content…………….….%]

! other, please specify____________________________________________________________________

Fuel burn up (average or typical range):______________________________________MWd/tHM

Total number of assemblies/bundles/elements/rods (specify):___________________________________

Maximum spent fuel content per package (kg):______________________________________________

*Type 20

(29)

*Identification no

*gross mass (kg)

*net mass (kg)

*activity (GBq)

Total number

Total/type

Total

Total

Total

(*) to be completed for each package, attach separate list, if space is not sufficient!

(30)

Date of origin of the shipment: ____________________________________________ (dd/mm/yyyy)

I hereby certify that the information provided in this section (and in the attached list or documents) is

correct to the best of my knowledge.

…… (Date and place)……………………….. (Stamp) …………………………… (Signature)…………….

According to Regulations for the Safe Transport of Radioactive Material 2005 Edition, Safety

Requirements TS-R-1, IAEA, Vienna, 2005

B

Registration No: _______________________________________________

(To be completed by the competent authority responsible

for issuing the shipments authorisation.)

SECTION B-6

ACKNOWLEDGEMENT OF RECEIPT OF THE SPENT FUEL

(31)

Consignee (trade name): _______________________________________________________________

Address:_____________________________________________________________________________

Post code:_____________ Town:_______________________ Country:__________________________

Tel:__________________ Fax:____________________ E-mail:________________________________

Contact person:_______________________________________________________________________

(32)

Location where the spent fuel is held after the shipment (trade name): __________________________

Address:_____________________________________________________________________________

Post code:_______________ Town:_________________ Country:______________________________

Tel:___________________ Fax:____________________ E-mail:_______________________________

Contact person: Mr/Ms_________________________________________________________________

(33)

Authorisation granted for (tick as appropriate)

! a single shipment of Type MM or IM,

! a single shipment of Type ME or TT

! several shipments of Type MM or IM, Serial number of shipment: ____________________________

_____________________________________Last shipment covered by the authorisation: !Yes !No

! several shipments of Type ME or TT, Serial number of shipment: ____________________________

_____________________________________Last shipment covered by the authorisation: !Yes !No

(34)

! not applicable.

! For shipments of type ME or TT: (this item may be replaced by a separate declaration, fill in

reference to attachment): _______________________________________________________________

Frontier post of entry to the third country of destination or transit:___________________________

Third country:___________________________ Frontier post:__________________________________

(35)

Depending on the type of shipment, the consignee must send the acknowledgement of receipt together

with section B-5

• (Type MM or IM): to the competent authority of the Member State of destination.

• (Type ME or TT): to the applicant (Type ME: to the holder, Type TT: to the person responsible for

the shipment in the Member State by way of which the spent fuel enters the Community) as referred

to as in item 4 (section B-1).

Date of receipt of the spent fuel:______________________________________________(dd/mm/yyyy)

Date of origin of the acknowledgement of receipt:_____________________________(dd/mm/yyyy)

I, the consignee, hereby certify that the information provided in this section (and the attached list) is

correct to the best of my knowledge.

……(Date and place)………………………..(Stamp) ……………………………(Signature)

(36)

! Not applicable.

! For shipments of type ME or TT: the applicant forwards the acknowledgement of receipt and, where

appropriate, the consignee's declaration to the authority which issued the authorisation.

1. A consignee located outside the European Communities may acknowledge receipt of the spent fuel by

means of a declaration or certificate providing at least the information contained in items 31 to 36.

2. The competent authority which receives the original acknowledgement of receipt must send copies of

it to the other competent authorities.

3. The originals of sections B-5 and B-6 must be sent finally to the competent authority which issued the

authorisation.

4. For shipments between Member States, the competent authority of the Member State of origin or

where the shipment first enters the Community must send a copy of the acknowledgement of receipt to

the holder.

Date of forwarding of the acknowledgement of receipt

Frontier post of exit from the Community

(together with section B-5): ____________(dd/mm/yyyy)

B

Country

Post

(Date and place)…………………..(Stamp) ………………(Signature of the applicant)

B

Schedule 2

(Regulation 5)

EXPLANATORY NOTES

to each item of the standard document sections A-1 to A-6 and B-1 to B-6

Definition of a duly completed application: An application for the authorisation

of a shipment of radioactive waste or spent fuel is duly completed in accordance with

Directive 2006/117/Euratom, if – in case of shipments of radioactive waste – each

item of section A-1, or – in case of shipments of spent fuel – each item of section

B-1, contains the required information, either by ticking the relevant box, deleting

(=crossing out) the non-applicable option or filling in the relevant data and values. In

case of an application for several shipments, items 8 and 9 may contain estimates.

(1) The applicant must duly complete all items 1 to 14. In item 1 tick one of

the boxes as applicable to define the type of shipment and fill in the relevant frontier

posts in case third countries are concerned in the shipment,

(a) Tick Type MM for shipments between Member States, eventually

passing through one or more other Member States or third countries.

(b) Tick Type IM for shipments from a third country to a Member State

(= import into the Community), bearing in mind, that the application must

include evidence that the consignee has made an arrangement with the holder

established in the third country, and which has been accepted by the competent

authority of that third country, obliging that holder to take back the radioactive

waste or spent fuel where a shipment cannot or may not be completed.

(c) Tick Type ME for shipments from a Member State to a third Country

(= export from the Community), or

(d) Tick Type TT for shipments from one third country to another third

country passing one or more Member States, bearing in mind that the application

must include evidence that the consignee established in the third country has

made an arrangement with the holder established in the third country, and

accepted by the competent authority of that third country, obliging that holder

to take back radioactive waste or spent fuel where a shipment cannot or may not

be completed.

(2) By ticking the relevant box, the applicant must state clearly whether the

application covers only one shipment within a period of time (e.g. 05/2010, 2009 or

2010-2011) or whether the application covers more than one shipment within a period

of time, but not more than a period of three years from the date of authorisation. A

single application may be sent in respect of more than one shipment, provided the

following conditions are met as set out in Article 6(2) of the Directive 2006/117/

Euratom

(a) the radioactive waste or spent fuel to which it relates essentially has

the same physical, chemical and radioactive characteristics; and

(b) the shipments are to be made from the same holder to the same

consignee and involve the same competent authorities, and

(c) where the shipments involve transit through third countries, such transit

is made via the same frontier post of entry to and/or exit from the Community

and via the same frontier post(s) of the third country or countries concerned,

unless otherwise agreed between the competent authorities concerned.

(3) The applicant must fill in the relevant frontier posts in case one or more

third countries are concerned in the shipment. These frontier posts must be identical

for all shipments covered by the application unless otherwise agreed by the competent

authorities.

(4) The applicant must fill in his/her trade name, address and contact details.

The trade name, also known as a trading name or a business name, is the name which

a business trades under for commercial purposes, although its registered, legal name,

used for contracts and other formal situations, may be another. The applicant must

tick the appropriate box to define his/her function, which is the following, depending

on the type of shipment

(a) the holder in case of a shipment between Member States (Type MM)

or an export from the Community into a third country (Type ME);

(b) the consignee in case of an import into the Community from a third

country (Type IM);

(c) the person responsible for the shipment in the Member State by which

the radioactive waste or spent fuel enters the Community in case of a transit

through the Community (Type TT).

(5) The applicant must fill in the trade name, address and contact details of the

location, where the radioactive waste or spent fuel is held before the shipment, which

can be different from the address of the applicant.

(6) The applicant must fill in the trade name, address and contact details of the

consignee. In case of shipment type IM, this information is identical with item 4.

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(7) The applicant must fill in the trade name, address and contact details of the

location, where the radioactive waste or spent fuel will be held after the shipment,

which can be different from the address of the consignee.

(8) The applicant must complete all fields either by ticking the appropriate

box (more than one answer is possible) or filling in the specific characteristics and

values of the radioactive waste or spent fuel. These values may be estimates in case

of several shipments.

(9) The applicant must complete item 9, the values may be estimates.

(10) The applicant must tick and define the type of activity giving rise to the

radioactive waste or spent fuel and tick the appropriate box(es) or specify any other

activity. More than one answer is possible.

(11) The applicant must define the purpose of the shipment and tick the

appropriate box (only one answer is possible) or specify any other purpose.

(12) The applicant must list up, as planned, the different modes of transport

foreseen for the shipment (road, rail, sea, air, inland waterway) and add accordingly

the relevant point of departure, point of arrival and the planned carrier (if already

known). Changes of this schedule at a later point during the application procedure are

possible and should be notified to the competent authorities but do not require a new

application for approval.

(13) The applicant must list up all countries concerned in the shipment, starting

with the first Member State or third country where the radioactive waste or spent

fuel is held and ending with the last Member State or third country, where it will be

held after the completion of the shipment. Should the applicant whish to change the

sequential list of countries, a new application is required.

(14) The applicant must declare who takes back the radioactive waste or spent

fuel in case the shipment(s) cannot take place or if the conditions for shipment cannot

be fulfilled. Where the shipment is of type IM or TT, the applicant must attach to the

application evidence of an arrangement between the consignee in the Member State

or third country of destination and the holder of the radioactive waste or spent fuel in

the third country which has been approved by the competent authorities of the third

country.

Having completed items 1 to 14 the applicant must send the section 1 of the

standard document to the competent authority, which is responsible for issuing the

authorisation for the shipment.

The competent authority responsible for issuing the shipment authorisation or

refusal is the following, depending on the type of the shipment is

• the competent authority of the Member State of origin in case of

shipments between Member States (Type MM) and exports out of the Community

(Type ME);

• the competent authority of the Member State of destination in case of

an import into the Community (Type IM);

• the competent authority of the first Member State of transit, where

the shipment enters the Community in case of a transit through the Community

(Type TT).

The relevant contact data can be retrieved from the electronic communication

platform established and maintained by the Commission or from the published list of

competent authorities.

(15) Immediately upon receipt of the application, the competent authority

responsible for issuing the authorisation for the shipment must

(a) enter the registration number at the top of each section of the standard

document, starting with section 1.

(b) verify that all items of section 1 have been duly completed by the

applicant,

(c) complete item 15 of section 2 and make sufficient copies of sections

1, 2 and 3 for each Member State or Country concerned. Third countries of

transit are consulted for information only.

(16) The competent authority responsible for the authorisation must

(a) complete, as appropriate, item 16 of section 2 (and 18 of section 3)

for each competent authority of the Member States or Countries concerned as

listed in item 13, whose consent is required for the shipment(s) to be authorised,

and

(b) send the duly completed application (section 1) together with section

2 – without delay – for consent to each competent authority concerned named

in item 16.

(17) Item 17 to be completed by the competent authority of the Member

State(s) concerned. The date of the application and of receipt must be entered

immediately upon receipt of the application. Within 20 days after the date of receipt

the competent authority of the Member States concerned must verify, if the application

is duly completed (all items 1 to 14 must be completed and no information may be

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missing; some values may be estimates). Only 17(a) or 17(b) can apply, please delete

as applicable.

(a) If the competent authority of the Member State(s) of transit, if any, or

of destination consider the application not duly completed, they must complete

item 17(a), delete item 17(b) and notify their request for missing information to

the competent authority responsible for issuing the authorisation (referred to as

in item 15). They have to clearly state, which information is missing (fill in or

attach document). The competent authority requesting the missing information

must send copies of section 2 to all other competent authorities of the Member

States concerned referred to as in item 13 within a period of 20 days from the

date of receipt of the application. The relevant contact data can be retrieved

from the electronic communication platform established and maintained by the

Commission or from the published list of competent authorities. If one Member

State concerned considers the application not duly completed, the procedure

is stopped. In this case, even if the competent authority of Member State of

destination considers the application duly completed, they may not send an

acknowledgement of receipt until the requested information has been received

and no further request has been sent within 10 days after the receipt of the missing

information. This procedure may be repeated until all missing information has

been received and no further requests for missing information have been sent.

Not later than 10 days after expiry of the 20 days from the receipt of

application, if no request for missing information has been received within the

20-days period and if the competent authority of the Member State concerned

deems the application duly completed, it must send section 2 to the competent

authority responsible for the authorisation as referred to as in item 15 and copies

thereof to all other competent authorities of the Member States concerned

as referred to as in item 13. The relevant contact data can be retrieved from

the electronic communication platform established and maintained by the

Commission or from the published list of competent authorities.

Shorter periods of time can be agreed between all competent authorities of

the Member States concerned.

(b) In order to allow the competent authorities to request missing

information within a period of 20 days after the receipt of the application, the

competent authority of the Member State of destination must not issue their

acknowledgement of receipt before the expiry of the 20 days deadline. Upon

expiry of the 20-days deadline, if the competent authority of the Member

States of destination consider the application duly completed and if either no

other Member States are concerned or no other competent authority concerned

requested missing information, it (the competent authority of the Member States

of destination) must complete item 17(b).

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(18) Immediately upon receipt of the acknowledgement of receipt of a duly

completed application of the competent authority of the Member State of destination

the competent authority responsible for the authorisation must verify if the deadlines

have been respected, and complete item 18 of section 3 for each Member State

concerned, as listed in item 13, whose consent is required for the shipment(s) to be

authorised.

The competent authority concerned must make necessary additional entries in

item 18.

(19) The competent authority responsible for the authorisation must fill in the

general deadline for automatic approval, which applies to all Member States concerned.

This expiry date is in general two months after the date of acknowledgement of receipt

of the Member State of destination as referred to as in item 17(b). Then the competent

authority responsible for the authorisation has to send section 3 on the consent or

refusal to all Member States or Countries concerned.

Immediately upon receipt of section 3, any competent authority concerned must

decide if a further period of time is needed to decide upon refusal or consent to the

shipment. An additional period of up to one month may be requested by deleting the

general deadline in item 19, filling in the new deadline and notifying the extended

deadline to all competent authorities concerned.

(20) The competent authority concerned must give the application due

consideration. Not later than the expiry of the deadline for the automatic approval,

the competent authority concerned must complete item 20 and return the original

copy of section 3 (scanned original if sent by e-mail) to the competent authority

responsible for issuing the authorisation (as referred to as in item 15). In case consent

is refused, reasons must be given and must be based (for Member States of Transit)

on the relevant national, Community or international legislation applicable to the

transport of radioactive material or - for Member States of destination - on relevant

legislation applicable to the management of radioactive waste or spent fuel or on

relevant national, Community or international legislation applicable to the transport

of radioactive material. Any conditions imposed must not be more stringent than

those laid down for similar shipments within Member States. Failure to complete and

return the standard document by the due time shall be taken as deemed consent to the

shipment application, subject to Article 9 (2) of Directive 2006/117/Euratom.

(21) The competent authority responsible for issuing the shipment authorisation

must complete items 21 to 23, when all consents necessary for the shipment have been

given by the competent authorities concerned, bearing in mind, that tacit consent is

deemed to be given only provided that

(a) the acknowledgement of receipt has been received (at least) from the

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competent authority of the Member State of destination (as referred to as in item

17(b), and

(b) no request for missing information have been left unanswered, and

(c) no reply (neither consent nor refusal) has been received within the

applicable deadlines as referred to as in item 19 from the competent authorities

concerned.

(22) The competent authority referred to as in item 21 must list up or attach,

if space provided is not sufficient, all consents (incl. conditions) and refusals (incl.

reasons) received, if any, from all competent authorities concerned.

(23) The competent authority referred to as in item 21 must

(a) complete item 23 bearing in mind that the maximum period of

validity for the authorisation is three years and that a single authorisation may

cover more than one shipment, where the conditions set out in Article 6(2) of the

Directive 2006/117/Euratom are met,

(b) send the original of section 4a to the applicant together with the

sections 1, 4a, 5 and 6 and

(c) send copies of section 4a to all other competent authorities

concerned.

(24) The competent authority responsible for issuing the shipment authorisation

must complete items 24 to 25, if at least one of the competent authorities concerned

did not give their consent to the shipment.

(25) The competent authority as referred to in item 24 must list up or attach all

consents and refusals received, including all conditions and reasons for refusal and

send the original copy of section 4b to the applicant and copies of this section to all

other competent authorities concerned.

(26) If the shipment(s) has(ve) been authorised and the applicant has received

sections 4a, 5 and 6, he/she must duly complete item 26. In case the application

covers several shipments, he/she must make sufficient copies of section 5 for each

shipment.

(27) The applicant must tick the appropriate box, indicating whether the

authorisation covers a single shipment or several shipments. In case of several

shipments, the appropriate serial number must be filled in.

(28) Before each shipment the applicant must duly complete item 28 to 30

(even if the authorisation relates to several shipments). In this section, the values

must not be estimates!

(29) The applicant must duly complete item 29 (list of packages) and indicate

at the bottom the total number of packages, the total number of each type of package,

the total net mass, the total gross mass and the total activity (GBq) of all packages. If

the place provided in the document is not sufficient, please attach a separate list with

the information requested.

(30) The applicant must complete item 30 (date of origin and declaration)

before each shipment of radioactive waste of spent fuel (even if the authorisation

relates to several shipments). Together with sections 1 and 4a, section 5 accompanies

the radioactive waste or spent fuel while it is being shipped. The description of

consignment and list of packages (section 5) is then attached to the section 6

(acknowledgement of receipt).

(31) The consignee (in case of MM and IM shipments), the holder (in case of

ME shipments) or the person responsible for the shipment (in case of TT shipments)

must duly complete items 31 to 35 (36, if applicable); any necessary additions

being made by the applicant. However, a consignee located outside the European

Community may acknowledge receipt of the radioactive waste or spent fuel by means

of a declaration separate from the standard document.

(32) The consignee must duly complete the name, address and contact details

of the place where the radioactive waste or spent fuel is held after the shipment.

(33) The consignee must complete item 33 (as referred to as in item 23) and

indicate if the shipment received is the last shipment covered by the authorisation.

(a) In cases where the authorisation covers a single shipment of the types

MM or IM, the consignee must complete section 6 within 15 days of receiving

the radioactive waste or spent fuel and submit sections 5 and 6 to the competent

authority of the Member State of destination. The competent authority of the

Member State of destination then forward copies of sections 5 and 6 to the

other competent authorities concerned (and, where appropriate, the original of

these two sections to the competent authority who issued the authorisation).

For shipments of the type MM, the competent authority of the Member State of

origin must send a copy of the acknowledgement of receipt to the holder.

(b) In cases where the authorisation covers a single shipment of type ME

or TT the applicant must ensure that the consignee located outside the European

Community sends him section 5 and section 6 duly completed immediately on

receipt of the radioactive waste or spent fuel. Section 6 may be replaced by

a declaration on the part of the consignee providing at least the information

contained in items 31to 36. Within 15 days after receipt of the radioactive waste

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or spent fuel, the applicant must forward section 5, section 6 (if the consignee

did not use section 6, the applicant must complete it) and, where applicable,

the consignee’s declaration, to the competent authority which issued the

authorisation. This authority must then send copies of sections 5 and 6, and,

where applicable, the consignee’s declaration, to the other competent authorities

concerned.

(c) In cases where the authorisation covers several shipments of the

types MM or IM, the consignee must complete section 6 after each shipment

(having made several copies of a blank section 6 for this purpose) and submit

this section directly to the competent authority which issued the authorisation.

The consignee attaches section 5 relating to the same shipment.

(d) In cases where the authorisation covers several shipments of the types

ME or TT the applicant must ensure that after each shipment the consignee

located outside the European Communities completes for each shipment a

(blank) copy of section 6 and returns it together with the appropriate section 5.

(34) The consignee must tick “not applicable” or complete item 34 for

shipments of type ME or TT or attach a separate declaration and give the reference

to the attachment

(35) The consignee must complete item 35 when the single shipment or all

the shipments covered by the authorisation have been carried out. In cases where

the authorisation covers several shipments the final acknowledgement of receipt is

completed and submitted as if the authorisation were valid for a single shipment only

except that

(a) It is stated in item 30 of section 6 that the shipment in question is the

last shipment covered by the authorisation.

(b) Any declaration made by a consignee located outside the European

Communities must state that all the radioactive waste or spent fuel covered by

the shipment authorisation has indeed arrived.

The consignee must send the section 6 (acknowledgement of receipt) together

with section 5 depending on the type of shipment to the competent authority of the

Member State of destination in case of Type MM or IM shipments, or to the applicant

as referred to as in item 5 (section 1) in case of a Type ME or TT shipment. To provide

an overview, the section 6 for each of the shipments covered by the authorisation

must be attached to the final acknowledgement of receipt.

(36) The consignee must tick “not applicable” or complete item 36 in case of

shipments of type ME or TT, or replace it by a separate declaration, referring to the

attachment. The applicant must forward sections 5 and 6 to the authority which issued

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the authorisation. To provide an overview, the section 6 for each of the shipments

covered by the authorisation must be attached to the final acknowledgement of

receipt.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press