Radiological Protection Act 1991(Responsible and Safe Management of Radioactive Waste) Order 2013
Source: Iris Oifigiúl 69 2013-08-27

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paragraphs: This Order may be cited as the Radiological Protection Act 1991 (Responsible and Safe Management of Radioactive Waste) Order 2013.
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paragraphs: This Order shall come into operation on 22nd August 2013.
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paragraphs: (1) In this Order—
“closure” means the completion of all operations at some time after the emplacement of radioactive waste in a disposal facility, including the final engineering or other work required to bring the facility to a condition that will be safe in the long term;
“Directive” means Council Directive 2011/70/EURATOM of 19 July 2011 establishing a Community framework for the responsible and safe management of spent fuel and radioactive waste;
“disposal facility” means any facility or installation the primary purpose of which is radioactive waste disposal;
“Institute” means the Radiological Protection Institute of Ireland;
“Minister” means the Minister for the Environment, Community and Local Government;
“radioactive waste” means radioactive material in gaseous, liquid or solid form for which no further use is foreseen or considered by the competent regulatory authority or by a legal or natural person whose decision is accepted by the competent regulatory authority, and which is regulated as radioactive waste by the competent regulatory authority;
“radioactive waste management” means all activities that relate to handling, pre-treatment, treatment, conditioning, storage, or disposal of radioactive waste, excluding off-site transportation;
“radioactive waste management facility” means any facility or installation the primary purpose of which is radioactive waste management;
“storage” means the holding of radioactive waste in a facility with the intention of retrieval.
(2) A word or expression which is used in this order and which is also used in Council Directive 2011/70/EURATOM has, unless the context otherwise requires, the same meaning in this Order as it has in the Directive.
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paragraphs: (1) No radioactive waste generated in any other EU Member State or a third country shall be accepted for importation and disposal in Ireland unless at the time of shipment an agreement, taking into account the criteria established by the European Commission in accordance with Article 16(2) of Directive 2006/117/Euratom on the supervision and control of shipments of radioactive waste and spent fuel, has entered into force between the State and another EU Member State or a third country to use a disposal facility in the State.
(2) No radioactive waste generated in the State shall be exported to any other EU Member State or a third country unless at the time of shipment an agreement, taking into account the criteria established by the European Commission in accordance with Article 16(2) of Directive 2006/117/Euratom on the supervision and control of shipments of radioactive waste and spent fuel, has entered into force between the State and another EU Member State or a third country to use a disposal facility in one of them.
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paragraphs: The Radiological Protection Act, 1991 (Ionising Radiation) Order, 2000 (S.I. No. 125/2000) is hereby amended as follows:
(a) In Article 2(1) by the insertion of the following definitions;
“closure” means the completion of all operations at some time after the emplacement of radioactive waste in a disposal facility, including the final engineering or other work required to bring the facility to a condition that will be safe in the long term;
“Directive” means Council Directive 2011/70/Euratom of 19 July 2011 establishing a Community framework for the responsible and safe management of spent fuel and radioactive waste;
“disposal facility” means any facility or installation the primary purpose of which is radioactive waste disposal;
“radioactive waste” has the same meaning as assigned to it in Article 3 of the Radiological Protection Act 1991 (Responsible and Safe Management of Radioactive Waste) Order 2013;
“radioactive waste management” means all activities that relate to handling, pre-treatment, treatment, conditioning, storage, or disposal of radioactive waste, excluding off-site transportation;
“radioactive waste management facility” means any facility or installation the primary purpose of which is radioactive waste management;
“storage” means the holding of radioactive waste in a facility with the intention of retrieval;
and the substitution of “Environment, Community and Local Government” for “Public Enterprise” in the definition of Minister.
(b) In Article 3 (1) (a) by the insertion of the following subsection after subsection (v)
“(vi) all stages of radioactive waste management, from generation to disposal, when the radioactive waste results from civilian activities.”
(c) by the insertion of the following after Article 4
“4A Such a licence shall not be granted in respect of the exportation for disposal, from the State to another EU Member State or third country, of radioactive waste generated in the State unless at the time of shipment an agreement, taking into account the criteria established by the European Commission in accordance with Article 16(2) of Directive 2006/117/Euratom on the supervision and control of shipments of radioactive waste and spent fuel, has entered into force between the State and that other EU Member State or third country to use a disposal facility in that other EU Member State or third country.”
“4B Such a licence shall not be granted in respect of the importation for disposal in the State of radioactive waste generated in another EU Member State or a third country, unless at the time of shipment an agreement, taking into account the criteria established by the Commission in accordance with Article 16(2) of Directive 2006/117/Euratom, has entered into force between the State and that other EU Member State or third country to use a disposal facility in the State.”
(d) In Article 5(1) by the insertion of the following subsection after subsection (e)
“(f)(i) waste from extractive industries which may be radioactive and which falls within the scope of Directive 2006/21/EC;
(ii) authorised releases.”
(e) In Article 5 by the insertion of the following paragraphs after paragraph (2)
“(3) Article 4A and Article 4B do not apply to practices involving repatriation of disused sealed sources to a supplier or manufacturer.
(4) Article 4A shall not affect the right of an undertaking in the State to return the radioactive waste after treatment or processing, to its country of origin, where:
(a) radioactive waste is to be shipped to the undertaking for treatment or processing; or
(b) other material is to be shipped to the undertaking with the purpose of recovering the radioactive waste.”
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paragraphs: The Institute shall report to the Minister on the implementation of the Directive as required.