îjffc COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(92) 520 final 
Brussels, 4 December 1992 
Proposal for a 
COUNCIL REGULATION (EEC) 
SHIPMENTS OF RADIOACTIVE SUBSTANCES 
WITHIN THE EUROPEAN COMMUNITY 
(presented by the Commission) 
NOTICE 
The Commission adopted on 23 July 1992 a draft proposal for a Council 
regulation on shipments of radioactive substances within the European 
Community^*), in accordance with Article 31 of the Euratom Treaty, the 
document has been submitted to the Economic and Social Committee for their 
opinion which was adopted by that Committee in its plenary session of 24-
25 November 1992. 
Fol lowing ^he opinion of the Economic and Social Committee, the Commission 
mod if «rod its initial document as set out in the present document. 
<*) Doc. SEC(92) 1538 final 
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EXPLANATORY MEMORANDUM 
In Ruling t/78 of 14 November t978 delivered pursuant to the third 
paragraph of Article 1.03 of the Euratom Treaty, the Court of 
Justlce<1> stated that "[The nuclear common market] relates to the 
I iberalizatton of transfers of nuclear materials and of specialized 
materials and equipment without these movements being obstructed by 
barriers resulting directly or indirectly from national legislation on 
fiscal, commercial or technical matters. Like the EEC Treaty the EAEC 
Treaty seeks to set up, with regard to matters covered by It, a 
homogeneous economic area". In this context it i-s not appropriate for 
Member States to exercise border controls for achieving the objectives 
of title two chapter III Health and Safety of the Euratom Treaty, when 
these objectives can be achieved as effectively through other means. 
The Commission recently proposed*2* a revision of the council -
Directive l-aying down the basic safety standards for the health 
protection of the general public and workers against the dangers of 
ionizing radiation which, inter alia, adapts the existing provisions 
in order to facilitate the abolition of border controls. 
The attached proposal supplements the Directive 80/836/Euratorn*3) 
presently in force and it constitutes an interim measure necessary to 
cover the period between 31 December 1992, date of implementation of 
Article 8a of the EEC Treaty, and the date of implementation of the 
amended Directive, it alms at maintaining the present level of 
radiation protection, while allowing Member States to progress towards 
the homogeneous economic area sought by the Euratom Treaty. The 
proposal does not address questions of Nuci-ear Non-Proliferation nor 
of Nuclear Export Controls, for which appropriate proposals have been 
announced*4*. 
(1) Rep. 1978, p. 2151 (2172) 
(2) SEC(92) 1322 final 
(3:) O.J. L246 Of 17.09.80 and O.J. L265 Of 5.10.84 
(4) SEC(92) 1085 final 
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In view of the urgency of the proposed measures, it is desirable that 
they should take the form of a regulation, which is of immediate 
application.. The Regulation will appl.y to all 'radioactive substances' 
including radioactive waste, which is subject to the specific 
requirements of Directive 92/3/EURAT0M, to be iimplemented by the 
Member States before 1 January 1994. 
The proposed Regulation comprises two essential provisions: 
the exclusion of frontier controls between Member States; 
a requirement for the consignee of radioactive substances to 
provide the holder of such substances with a written declaration on 
compliance with relevant national legislation., when he intends to 
receive radioactive substances from another Member State. 
The Regulation will remain in force for radioactive substances other 
than waste, unless and until it is superseded by the new Directive 
revising Directive 80/836. As to radioactive waste, the prior 
declaration system will cease to apply once the national provisions 
implementing Directive 92/3 come into force. 
The proposed measures apply to shipment of radioactive substances 
between Member States and they comply with Article 2(b) of the Euratom 
Treaty which requires the Community to "establish un i form safety 
standards to protect the health of workers and of the general public 
and ensure that they are applied". Analogous measures taken at 
national level would not ensure intracommunlty efficacity and would not 
respond to the requirement of uniformity explicitly set out by the 
Treaty. 
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Proposal for a Council Regulation 
on Shipments of Radioactive Substances 
within the European Community 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Atoml:c Energy 
Community and in particular Articles 31 and 32 thereof, 
Having regard to the proposal from the commission*1), drawn up after 
obtaining the opinion of a group of persons appointed by the Scientific and 
Technical Committee from among scientific experts in the Member States. 
Having regard to the opinion of the European Parliament*2'), 
Having regard to the opinion of the Economic and Social Committee^3). 
Whereas the Council has adopted Directives laying down the basic standards 
for the protection of the health of workers and the general public against 
the dangers arising from ionizing radiât ionW, most recently in 
Directive 80/836/Euratom($), which was amended by 
D i rectIve 84/467/Euratom<6>; 
(1) 
(2) 
(3) 
(4) OJ No 11, 20.2.1359. p. 221/59. 
(5) OJ No t 246, 17.0.1980, p. 1. 
(6) OJ Mo L 265. 5.10.1984, p. 4. 
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Whereas, pursuant to Article 2 of Directive 80/836/Euratom, these basic 
safety standards appl.y inter alia to the transport of radioactive 
substances; 
Whereas, pursuant to Article 3 of Directive 80/836/Euratom, each Member 
State must make compulsory the reporting of activities which involve a 
hazard arising from Ionizing radiation; whereas, in the I light of possible 
dangers and other relevant considerations these activities are subject to 
prior authorisation in cases decided upon by each Member State-, 
Whereas Member States have consequently set up systems within their 
territories in order to meet the requirements of Article 3 of 
Directive 80/836/Euratom; whereas, therefore, by means of the Internal 
controls that Member States apply on the basis of national rules consistent 
with existing Community and any relevant international requirements. Member 
States continue to ensure a comparable level of protection within their 
terr itor ies; 
Whereas shipments of radioactive waste between Member States and into and 
out of the Community are subject to the specific measures set up by 
Directive 92/3/Euratom^7^; whereas Member States are required to bring 
into force not later than 1 January 1994 the laws, regulations and 
administrative provisions necessary to comply with Directive 92/3/Euratom; 
Whereas the Court of Justice has stated in its Ruling 1/78 pursuant to 
Article 103 of the Treaty*81) that movements of nuclear materials may not 
be obstructed by barriers resulting directly or indirectly from national 
legislation on fiscal, commercial or technical matters; 
(7) 0J No L 35. 12.2.i;992, p. 24 
(8) Rep. 1978, p. 21151 (2.172). 
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Whereas in this area controls need not be carried out at internal frontiers 
when their purpose can be achieved as effectively by a uniform system of 
declarations and routine checks performed throughout the territories of the 
Member States; 
Whereas to this end It Is necessary that the consignee of radioactive 
substances should furnish the holder with a declaration, endorsed by the 
competent authorities of the Member States to which the shipment Is to be 
made; whereas the efflcaclty of this system is best ensured by the use of 
a standard document; whereas, however, such a system cannot apply to shipments of 
radioactive substances carried out by or on behalf of the Commission within the 
framework of the tasks assigned to it by the Treaty. 
Whereas the adoption of a system abolishing frontier controls and 
introducing a requirement for such a declaration would also meet the 
objectives of the Internal market while ensuring an adequate level of 
radiation protection for the general public and for workers. 
HAS ADOPTED THIS REGULATION 
Article 1 
Scope 
This Regulation shall apply to shipments of radioactive substances between 
Member States, whenever the quantities and concentrations exceed the levels 
laid down in Article 4(a) and (b) of Directive 80/836/Euratom. It shall 
also apply to shipments of radioactive waste as defined In 
Directive 92/3/Euratom. 
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Article 2 
Definitions 
For the purposes of this Regulation: 
'shipment' means transport operations from the place of origin to the 
place of destination, including loading and unloading, of radioactive 
substances, 
the 'holder' of radioactive substances means any natural or legal 
person who, before carrying out a shipment, has the legal 
responsibility for such materials and Intends to carry out shipment to 
a consignee, 
- the 'consignee' of radioactive substances means any natural or legal 
person to whom such material is shipped, 
'radioactive substance', has the meaning given to it in Directive 
80/836/Euratom, 
'activity', has the meaning given to it in Directive 80/836/Euratom.. 
Article 3 
Checks carried out under Community law or national law in the event of 
shipments of radioactive substances shall not take the form of controls at 
frontiers, but shall be conducted solely within the context of routine 
checks performed in a non-discriminatory manner throughout the territory of 
a Member State. 
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Article 4 
1. A holder of radioactive substances who intends to carry out a shipment 
of such substances, or to arrange for such a shipment to be carried out, 
shall obtain a prior written declaration by the consignee of the 
radioactive substances to the effect that the consignee has compiled, in 
the Member State of destination, with all the relevant requirements of the 
national provisions implementing Article 3 of Directive 80/836/Euratom and 
with all requirements regarding financial arrangements for ensuring the 
safe storage or disposal of the radioactive substances when no longer used. 
The declaration shall be made by means of the standard document set out in 
Annex I. 
2. The declaration referred to in 1 shall be endorsed by the competent 
authorities of the Member States to which the shipment is to be made. 
3. This Article shall cease to apply as regards shipments of radioactive 
waste when the holder Is required, in compliance with the national 
provisions implementing Directive 92/3/Euratom., to obtain an authorisat ton 
for the shipment. 
- 9 -Article 5 
1. The declaration referred to in Article 4 may refer to more than one 
shipment, provided that: 
the radioactive substances to which it relates have essentially the 
same physical, chemical and radioactive characteristics, and 
the radioactive substances to which it relates do not exceed the 
levels of activity set out in the declaration, and 
the shipments are to be made from the same holder to the same 
consignee and involve the same competent authorities. 
2. The endorsed declaration shall be valid for a period of not more than 
three years. 
Article 6 
The competent authorities of Member States shall co-operate in ensuring the 
application of this Regulation as regards shipments of radioactive 
substances. 
Article 7 
1. Nothing in this Regulation shall affect the obligations resulting from 
Directive 92/3/Euratom. 
2. The present regulation does not apply to shipments of radioactive 
substances carried out: 
between the establishments within the meaning of Article 8, 
paragraph 2, of the treaty, 
by the Commission, or at the request of it, within the 
framework of its mission under the terms of the second title, 
Chapter VII, of the treaty. 
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Article 8 
1. This Regulation shall enter into force on the fifteenth day following 
that of its publication in the Official Journal of the European 
Commun i t i es. 
2. This Regu I at Ion sha 11 be b I nd i ng in its en.t I ret y and d i rec 11 y 
applicable in all Member States. 
©one at Brusse I s 1992 
For the Counc iI, 
The President, 
- 11 ANNEX I 
SHIPMENTS OF RADIOACTIVE SUBSTANCES WlfTHIN THE EUROPEAN COMMUNITY 
STANDARD DOCUMENT UNDER COUNCIL REGULATION N* XX/XXEURATOM 
1. DECLARATION FOR 
A SINGLE SHIPMENT DECLARATION FOR 
MORE THAN ONE 
SHIPMENT 
• • 
CONSIGNEE OF THE RADIOACTIVE SUBSTANCES 
Place of destination of the radioactive substances ... 
Responsible Person ... 
3. THE CONSIGNEE IS SUBUECT TO 
3.1. REPORTING [—| 
REPORTING WAS MADE 
ON (date) ... PLACE ... 
TO (name of the competent 
author i ty) ... 3.2. AUTHORISATION 
AUTHORISATION DELIVERED 
BY (name of competent 
authority) ... 
ON (date) ... PLACE ... 
3.3. Maximum activity and principal radionuclides mentioned In the 
reporting/authorisation ... 
4. DESCRIPTION OF THE RADIOACTIVE SUBSTANCES TO BE SHIPPED 
4.1. Maximum activity and principal radionuclides ... 
5. HOLDER OF THE RADIOACTIVE SUBSTANCES ... 
6. ADDITIONAL INFORMATION ... 
> 
7. CONSIGNEES DECLARATION 
I* is hereby certified that the information given above is correct 
DATE ... 
NAME ... 
SIGNATURE ... 
8. ENDORSEMENT BY THE COMPETENT AUTHORITIES AND DATE OF EXPIRY 
NAME ... 
ADDRESS . 
DATE . . . 
STAMP ... 
S IGNATURE Date of expiry of the 
endorsed declaration 
Il 
ISSN 0254-1475 
COM(92) 520 final 
DOCUMENTS 
EN 14 
Catalogue number : CB-CO-92-542-EN-C 
ISBN 92-77-50232-0 
Office for Officiai Publications of the European Communities 
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