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WASTE MANAGEMENT (SUPERVISION AND CONTROL OF SHIPMENTS OF RADIOACTIVE WASTE AND SPENT FUEL) REGULATIONS
Table of Provisions (38)
Statutory Text (38 Articles)
SUBSIDIARY LEGISLATION 549.51
WASTE MANAGEMENT (SUPERVISION AND CONTROL OF
SHIPMENTS OF RADIOACTIVE WASTE AND SPENT FUEL)
REGULATIONS
4th October, 2013 *
LEGAL NOTICE 48 of 2009.
The title of these regulations is the Waste Management
(Supervision and Control of Shipments of Radioactive Waste and
Spent Fuel) 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.
(Regolament 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.
(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 twenty 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
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 twenty 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 ten 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 ten days after expiry of the twenty days from the receipt
of application, if no request for missing information has been received
within the twenty-day 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 twenty 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 twenty days deadline. Upon expiry of the twenty-day 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).
(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
(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
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 fifteen 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 fifteen days
after receipt of the radioactive waste 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 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.
(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 Environment and Resources
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;
"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, 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 the Act.
(2) All other terms shall have the same meaning as that
assigned to them in regulation 3 of the Nuclear S afety and
Radiation Protection Regulations.
(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 regulation 18(2)(a) and
(b) of the Nuclear Safety and Radiation Protection
Regulations.
(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
St a t e o r o f a n u n d e r t a k i n g i n t h a t M e m b e r St a t e t o w h i c h
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
a ff e c t th e r i gh t o f a M e m be r St a te t o e xp or t spen t fu e l fo r
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.
(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 shall be completed
for shipments of radioactive waste;
(b) Section B-1 to B-6 of Schedule 1 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 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 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);
WASTE MANAGEMENT (SUPERVISION AND CONTROL OF
SHIPMENTS OF RADIOACTIVE WASTE AND SPENT FUEL)
(e) Section A-3 or B-3 of Schedule 1 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 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 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 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.
(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 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.
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
(a) 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
(b) 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
(c) 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
(d) 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
(e) 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
(f)
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 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
t h a t al l i n f o r m a t i o n r e g a r d i n g s h i p m e n t s c o ve r e d b y t h e s e
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
subregulation (1).
(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).
(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), 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) 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
a c k n ow l e d g e m e n t o f r e c e ip t o f a p p li c a t io n , t h e co m p e t e n t
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) to make their position known.
(2) If upon expiry of the periods set out in sub-regulation (1),
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, 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 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) 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 regulation 8(2) 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
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;
(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 15 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).
(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).
(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), 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) 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
a c k n ow l e d g e m e n t o f r e c e ip t o f a p p li c a t io n , t h e co m p e t e n t
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) to
make their position known.
(2) If upon expiry of the periods set out in sub-regulation (1),
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, 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) 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 regulation 15(2) 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 com petent aut horities 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
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 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
a u t h o r i t y, a s c o m p e t e n t a u t h o r i t y o f t h e M e m b e r St a t e o f
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).
(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).
(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), 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) 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
a c k n o w l e dg e m e n t of r e c e i p t o f a p p l i c a t i o n , t h e c o m p e t e n t
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) to make their position known.
(2) If upon expiry of the periods set out in sub-regulation (1),
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, 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 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) 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 regulation 22(2) 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, the
consignee shall send the com petent authority as competent
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
f r o m M a l t a t o a t h i r d c o u n t r y, t h e h o l d e r s h a l l s u b m i t a n
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 regulation 8(2).
(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)
for consent to the competent authorities of the Member
States of transit, if any
Provided that regulation 10 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 regulation 12(2), (3) and (4) 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 regulation 14(2) and (3) shall apply.
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 regulation 4(3)
and (4), 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), 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 regulation 15(2)
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).
(2) The competent authority as competent authority of the first
Member State of transit, shall send the application referred to in
sub-regulation (1) for consent to the competent authorities of other
Member States of transit, if any
Provided that regulations 17 and 18 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) 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 regulation 19(2), (3) and (4) shall apply.
(4) The person responsible referred to in sub-regulation (1)
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) 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 regulation 15(2)
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).
(2) The competent authorities of the first Member State of
transit shall send the application referred to in sub-regulation (1)
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 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) 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 regulation 19(2), (3) and (4) shall apply.
(4) The person responsible referred to in sub-regulation (1)
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) 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
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 regulation 22(2)
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).
(2) The competent authority as competent authority of the
Member State of destination, shall send the application referred to
in sub-regulation (1) 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 regulation 26(2), (3) and (4) 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
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
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
b e e n f o u n d g u i l t y o f c o m m i t t i n g a n o ff e n c e a g a i n s t t h e s e
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.
Schedule 1
(Regulation 5)
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.
(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 twenty 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
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 twenty 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 ten 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 ten days after expiry of the twenty days from the receipt
of application, if no request for missing information has been received
within the twenty-day 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 twenty 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 twenty days deadline. Upon expiry of the twenty-day 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).
(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
(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
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 fifteen 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 fifteen days
after receipt of the radioactive waste 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 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.