10. 1. 90 Official Journal of the European Communities No C 5/7 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Directive amending Directive 80/836/Euratom laying down the basic 
safety standards for the health protection of the general public and workers against the dangers 
of ionizing radiation as regards prior authorization of shipment of readioactive waste 
COM(89) V9 
{Submitted by the Commission to the Council on 1 December 1989) 
(90/C 5/07) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES— 
Having regard to the Treaty establishing the European 
Atomic Energy Community, and in particular Articles 31 
and 32 thereof, 
Having regard to the draft from the Commission, 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, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas on 2 February 1959 the Council 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 radi­
ations ('), as amended by Directive 80/836/Euratom (2) 
and by Directive 84/467/Euratom (3); 
Whereas, pursuant to Article 2 of Directive 
80/836/Euratom these basic safety standards apply to 
the transport of radioactive substances; 
Whereas, pursuant to Directive 80/836/Euratom, 
Member States are required to make compulsory the 
reporting of activities which involve a hazard arising 
from ionizing radiation; whereas, in the light of possible 
dangers and other relevant considerations these activities 
are subject to prior authorization in cases decided upon 
by each Member State; Whereas the protection of the health of workers and the 
general public requires that shipment of radioactive 
waste be added to the activities set out in Article 5 of 
Directive 80/836/Euratom for which a system of prior 
authorization must be provided; 
Whereas the European Parliament Resolution of 6 July 
1988 on the findings of the Committee of inquiry on the 
handling and transport of nuclear material (*) calls for 
comprehensive Community rules to make transfrontier 
movements of nuclear waste subject to a system of strict 
controls and authorizations from their point of origin to 
their point of storage; whereas the principles of unity 
and indivisibility of health protection under the Euratom 
Treaty require that all shipments of radioactive waste 
within the Community be subject to such controls and 
authorizations; 
Whereas Council Directive 84/631 /EEC of 6 December 
1984 on the supervision and control within the European 
Community of the transfrontier shipment of hazardous 
waste (5) does not apply to radioactive waste; 
Whereas the Council decided that the Community be 
party to the Basel Convention on the control of trans-
boundary movements of hazardous wastes and their 
disposal, of 22 March 1989; whereas this Convention 
does not apply to radioactive waste; 
Whereas shipments of radioactive waste necessitate 
supervision and control of such waste from the 
movement of its formation until its ultimate safe 
disposal; 
Whereas this requires a compulsory and common notifi­
cation procedure for shipments of radioactive waste and 
a uniform consignment note; 
(') OJ No 11, 20. 2. 1959, p. 221/59. 
(2) OJ No L 246, 17. 9. 1980, p. 1. 
(J) OJ No L 265, 5. 10. 1984, p. 4. (4) OJ No C 235, 12. 9. 1988, p. 70. 
(») OJ No L 326, 13. 12. 1984, p. 31. 
No C 5/8 Official Journal of the European Communities 10. 1. 90 
Whereas measures ensuring post-factum control of 
shipments are also necessary; 
Whereas the competent authorities of the Member State 
of destination of radioactive waste should be able to 
raise objections to shipments of such waste; 
Whereas it is also desirable for the Member State of 
dispatch and the Member State of transit to be able, 
subject to certain criteria, to lay down conditions in 
respect of the shipment of waste on their territory; 
Whereas, in connection with protecting human health 
and the environment against dangers arising from such 
waste, account must be taken of risks occurring outside 
the Community; whereas, therefore, in case of radio­
active waste entering and/or leaving the Community, the 
third State of destination or dispatch and where appro­
priate the third State(s) of transit, should be involved in 
the notification system laid down in this Directive; 
Whereas in the Fourth ACP-EEC Convention signed at 
Lome on . . . particular provisions are included which 
govern the shipment of radioactive waste from the 
Community to the States party to that Convention; 
Whereas radioactive waste may contain nuclear materials 
as defined by Commission Regulation (Euratom) No 
3227/76 of 19 October 1976 concerning the application 
of the provisions on Euratom safeguards (l), 
(') OJ No L 363, 31. 12. 1976, p. 1. HAS ADOPTED THIS DIRECTIVE: 
Article 1 
Directive 80/836/Euratom is hereby amended as 
follows: 
1. In Article 5, the existing text becomes paragraph 1 
and a paragraph 2 is added as follows: 
'2. The transport activities related to the 
management of natural and artificial radioactive 
substances for which no use is foreseen and whose 
quantities and concentration exceed the values laid 
down in Article 4 (a) and 4 (b) respectively shall be 
subject to the prior authorization system, effected by 
means of a consignment note, set out in Annex I A.'. 
2. An Annex IA is inserted as set out in the Annex 
hereto. 
Article 2 
Member States shall take the measures necessary to 
comply with this Directive not later than 31 January 
1992. 
Member States shall inform the Commission of the 
provisions which they have adopted pursuant to this 
Directive. 
These provisions shall make express reference to this 
Directive. 
Article 3 
This Directive is addressed to the Member States. 
ANNEX 
'ANNEX IA 
NOTIFICATION SYSTEM OF SHIPMENT ACTIVITIES RELATED TO THE MANAGEMENT OF 
RADIOACTIVE WASTE 
PART I 
Definitions and general requirements 
1. For the purposes of this Annex: 
(a) radioactive waste means radioactive substances for which no use is foreseen; 
(b) competent authorities of the Member State(s) concerned means the competent authority or auth­
orities, to which the notification and information is to be addressed, designated in accordance with 
paragraph 35 of this Annex; 
(c) the producer of the radioactive waste means anyone whose activities produce radioactive waste 
(original producer) and/or anyone who carries out treatment or conditioning operations resulting 
in a change in the characteristics of the radioactive waste; 
10. 1. 90 Official Journal of the European Communities No C 5/9 
(d) the holder of the radioactive waste means any person or undertaking who or which proposes to 
carry out or to have carried out a shipment of radioactive waste; 
(e) the consignee of the radioactive waste means the person or undertaking to whom or to which the 
radioactive waste is shipped; 
(f) shipment means the specific transport from origin to destination, including loading and unloading 
of radioactive waste. 
2. Shipments of radioactive waste shall only take place between installations for which the activities 
involving radioactive wastes have been reported and in cases decided upon by each Member State, 
previously authorized as required by Article 3 of this Directive, if the installations are in the 
Community. In cases where installations in third States are concerned, the competent authorities of the 
Member State responsible for issuing the acknowledgement of receipt shall satisfy themselves that the 
installations in the third States comply with equivalent requirements. 
The transport operations by which the shipments are effected shall comply with the national provisions 
and, where applicable, with international agreements applicable in the field of transport of dangerous 
goods, which include radioactive materials. 
3. Without prejudice to Commission Regulation (Euratom) No 3227/76, shipments of radioactive waste 
containing nuclear materials as defined in that Regulation shall comply with the requirements of the 
present Directive. 
Without prejudice to the Fourth ACP-EEC Convention signed at Lome on . .., shipments of radio­
active waste involving States party to that Convention shall comply with the requirements of the 
present Directive. 
4. Shipments of radioactive waste to a destination south of 60° South latitude shall be prohibited. 
PART II 
Notification by the holder of the radioactive waste prior to shipment 
5. Where the holder of the waste intends to ship it or to have it shipped within one Member State or 
from one Member State to another, to have it routed through one or more Member States or to ship it 
to a Member State from a third State or from a Member State to a third State, he shall notify the 
competent authority of the Member State responsible for issuing the acknowledgement of receipt and 
in the case of shipment between Member States, with a copy to the competent authorities of the other 
Member States concerned and, where applicable, through the channel of the competent authority of 
the Member State of dispatch to the third State of destination and of the third State(s) of transit. 
6. Notification shall be effected by means of a uniform consignment note, hereinafter referred to as the 
'consignment note', to be drawn up in accordance with Part XI and the contents of which are set out 
in Part XII. 
7. When so notifying the competent authority of the Member States responsible for issuing the acknowl­
edgement of receipt, the holder of the radioactive waste shall provide it with satisfactory information 
about the shipment as set out in Part XII. 
8. In the case of a shipment from a Member State to a third State, the holder of the radioactive waste 
shall, through the channel of the competent authority of the Member State of dispatch obtain the 
agreement in writing of the third State of destination before embarking upon the notification 
procedure provided for in paragraphs 5, 6 and 7. The notification must include information on such 
agreement and on the capacity of the consignee to manage property the radioactive waste. 
^oC^BtO C^f^c^ijourn^lof rh^Euroo^^nClornrnun^n^ to t ^0 
RARTN1 
9 shipments may not be effected before the competent authorities of the member states referred to in 
paragraph!0^a^,^,^c^or^have acknowledged receipt of the notification The acknowledgement 
shall be entered on the consignment note 
10 Not later than one month after receipt of the notification, the acknowledgement of receipt, any 
objection raised in accordance with paragraph tlor any condition in respect of the shipment of radios 
active waste shall be forwarded to the holder of the radioactive waste 
^ either, in the case of shipment within one member ^tate, by the competent authorities of the 
member ^tate concerned, 
or, 
d^ in the case of intra^ommunity shipment and in the case of shipment from a third ^tate to a 
member ^tate, by the competent authorities of the member ^tate of destination, 
or, 
^ in the case of shipments of radioactive waste fromathird^tate in transit through the (community 
to a destmationoutsidethe community, by thecompetent authorities of the last member ^tate 
through which the shipment is due to pass, 
or, 
^ in the case of shipments of radioactive waste froma^tember^tatetoadestinanoninathird ^tate, 
by the competent authorities of the member ^tate of dispatch, except in the case provided for in 
the last subparagraph of this paragraph, 
with acopy totheconsigneeof theradioactivewasteandwhereapphcable, to thecompetent auth^ 
onties of the other member states concerned, and to the third ^tate of destination and the third 
5tate^ of transit 
Where the radioactive waste is shipped toathird^tate bordering on the last member ^tate of transit, 
the latter shall be entitled to issue the acknowledgement of receipt or to raise any objection in place of 
the member ^tate referred to in ^ A member ^tate of transit intending to exercise the right 
conferredupon it inthis subparagraph shallcommumcateittotheO^ommissionandother^tember 
states ^t may not exercise this right earlier than three months following such communication 
11 (Objections mustbesubstantiatedon thebasisof laws and regulations relating to healthprotection, 
environmental protection,public policy or public security which aremconformitywiththisUirective 
or with other community instruments 
1^ (Once the competent authorities of the member ^tate referred to inparagraphlO are satisfied that the 
problemsgiving rise totheirobjectionsha^e been resolved,they shall immediately send an acknowl^ 
edgement to the holder of the radioactive waste withacopy to the consignee of the radioactive waste 
and, where applicable, to the competent authorities of the other member ^tate^ concerned, and, 
where applicable, to the third ^tate of destination and the third ^tate^ of transit 
M The acknowledgement forwarded by the competent authorities of the member ^tate referred to in 
paragraph 10 to the holder of the radioactive waste pursuant to this Anne^ shall not release the 
producer of such waste or any other person from his obligations under existing national and 
Community provisions 
14 Without prejudice to paragraphs 9 and 10, and where applicable, the competent authorities of the 
member ^tate of dispatch, and those of the member ^tate or states of tansit, if any,shallhavel^ days 
following the notification in which to lay down, if appropriate, conditions in respect of the shipment of 
radioactive waste in their national territory Triese conditions, which shall be forwarded to the holder 
of theradioactivewaste, with acopy to thecompetent authorities of the member states concerned, 
may not be more stringent than those laid down in respect of similar shipments effected wholly within 
the member ^tatein^uestion andshall take dueaccount of e^istingagreements rhe holder of the 
radioactive waste must comply with these conditions to be able to carry out shipments 
10. 1. 90 Official Journal of the European Communities No C 5/11 
PART IV 
General notification procedure 
15. The holder of the radioactive waste may use a general notification procedure where radioactive waste 
having the same physical, chemical and radioactive characteristics is shipped regularly to the same 
consignee from the same installation. 
If the shipments involve third States, a general notification procedure may only be used where 
shipments take place via the same customs office of entry and/or exit of the Community and via the 
same customs office of the third State(s) concerned. 
16. The competent authorities of the Member State referred to in paragraph 10 and, where aplicable, those 
of the Member State or States of transit, may make their agreement to the use of this general notifi­
cation procedure subject to the supply of certain information, such as the exact quantities or periodical 
lists of radioactive waste to be shipped. 
17. Under the general notification procedure, a single acknowledgement within the meaning of paragraph 
9 may cover several shipments of radioactive waste during a maximum period of one year. 
18. General notification shall be by means of the consignment note. 
PARTV 
Shipment of the radioactive waste 
19. Upon receipt of the acknowledgement referred to in Part III and Part IV, the holder of the radioactive 
waste shall complete the consignment note and send copies to the competent authorities of the 
Member State(s) concerned and, where applicable, through the channel of the competent authority of 
the Member State which issued the acknowledgement to the third State(s) concerned before shipment 
is carried out. 
20. A copy of the consignment note, including the acknowledgement, shall accompany each shipment. 
21. All undertakings subsequently involved in the operation shall complete the consignment note where 
indicated, sign it and retain a copy of it. 
PART VI 
Receipt of the radioactive waste 
22. Within 15 days following receipt of the radioactive waste, the consignee of the radioactive waste shall 
forward to the holder of the radioactive waste, to the competent authorities of the Member State(s) 
concerned and, where applicable, through the channel of the competent authorities of the Member 
State which issued the acknowledgement to the third State(s) concerned, copies of the duly completed 
consignment note. These copies shall be kept for at least two years. 
23. By way of derogation from paragraph 22, when radioactive waste leaves the Community for a desti­
nation in a third State, the customs service in the last Member State through which the shipment passes 
shall forward a copy of the consignment note to the competent authorities in that Member State, 
which, in the case referred to in paragraph 10 (d), shall also forward a copy to the competent auth­
orities in the Member State of dispatch. These copies shall be kept for at least two years. 
24. The holder of the radioactive waste shall also declare or certify to the competent authorities of the 
Member State referred to in paragraph 10 (c) or (d), not later than six weeks after the radioactive 
waste has left the Community, that the radioactive waste has reached its proper destination in the third 
State mentioned in paragraph 23 and shall indicate the last customs post in the Community through 
which the shipment passed. This declaration or certification shall be substantiated by a declaration or 
certification of the consignee of the radioactive waste stating that the waste has reached its proper 
destination and indicating the customs post of entry in the third State. 
No C 5/12 Official Journal of the European Communities 10. 1. 90 
PART VII 
Duty to take back 
25. Whenever a shipment of radioactive waste cannot be completed, the competent authorities of the 
Member State of dispatch shall ensure that the radioactive waste in question is taken back by the 
holder of the waste. 
26. In case of shipments of radioactive waste from a third State to a destination within the Community, 
the competent authorities of the Member State of destination shall ensure that the consignee of the 
waste shall negotiate a clause with the holder of the radioactive waste established in the third State 
obliging the holder of the radioactive waste to take back the waste whenever a shipment cannot be 
completed. 
PART VIII 
27. Member States shall forward to the Commission not later than 31 January 1992 the name(s), addresses 
and telephone and telex numbers of the competent authorities. 
Member States shall forward regularly to the Commission any modifications to such data. 
28. The Commission shall forward the information referred to under paragraph 27 without delay to the 
other Member States. 
PART IX 
Reports by Member States 
29. Every two years, and for the first time on 31 January 1994, Member States shall forward to the 
Commission reports on the implementation of this Annex and on the situation with regard to 
shipments concerning their respective territories. 
30. These reports shall in particular comprise the following information: 
— any significant irregularities in shipment of radioactive waste covered by this Annex which has 
involved or may yet involve serious hazards for man or the environment, 
— the quantity and type of radioactive waste produced in their territory and subsequently shipped, 
— the quantity and type of radioactive waste produced in their territory and subsequently exported to 
other Member States and to third States, 
— the quantity and type of radioactive waste which has entered their territory. 
PARTX 
Summary report by the Commission 
31. On the basis of the reports referred to in Part IX, the Commission shall prepare a summary report 
every two years, which it shall submit to the European Parliament, the Council and the Economic and 
Social Committee. 
PART XI 
Preparation and adaptation of the uniform consignment note 
31. The Commission shall be empowered to draw up, in accordance with Part XII hereinafter, the uniform 
consignment note referred to in Part II, paragraph 6. 
33. The Commission shall be assisted by the Technical Committee set up under Article 18 of Council 
Directive 78/319/EEC of 20 March 1978 on toxic and dangerous waste ('). 
(')OJ No L 84, 31. 3. 1978, p. 43. 
10. 1. 90 Official Journal of the European Communities No C 5/13 
The representative of the Commission shall submit to the Committee a draft of the uniform 
consignment note. The Committee shall deliver its opinion on the draft, within a time limit which the 
chairman may lay down according to the urgency of the matter, if necessary by taking a vote. 
The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to 
ask to have its position recorded in the minutes. 
The Commission shall take the utmost account of the opinion delivered by the Committee. It shall 
inform the Committee of the manner in which its opinion has been taken into account. 
34. The Commission shall also be empowered under the same procedure, to adapt the consignment note to 
technical progress. 
PART XII 
Content of the uniform consignment note 
SECTION A 
Information to be provided on notification and transport arrangements 
1. Holder of the radioactive waste. Full name or company's name and address, telephone and telex 
numbers, and where applicable, registration number. 
Declaration by the holder that the information is correct: place, date, signature of holder (a). 
2. Accompanying document number. General notification or notification of a single shipment. 
3. Serial number assigned to each shipment (starting with 1). Not applicable if the notification relates 
to a single consignment (b). 
4. Consignee of the radioactive waste. Full name or company's name and address, telephone and 
telex numbers. 
5. Producer of the radioactive waste. Full name or company's name and address, telephone and telex 
numbers of the plant or the establishment where the radioactive wastes were produced and the 
name of the person to be contacted. 
When the wastes are produced by more than one producer, list indicating the information required 
for each producer. 
6. Carrier of the radioactive waste. Full name or company's name and address, telephone and telex 
numbers of the first carrier. Where applicable, the licence number. If more than one carrier is 
involved, list indicating the information required for each carrier (b) (c). 
7. Information relating to the contractual agreement between the holder and the consignee of the 
radioactive waste. 
8. Number of annexes attached to the notification (d). 
(a) Number of annexes attached to the form accompanying the shipment (b) (e). 
9. Place of generation. 
10. Place of destination. 
11. Provisions made for insurance against damage to third parties. If required, name and full address 
of the insurer, number of policy and the last day of validity of the policy. 
12. Identity of means of transport. Type and registration number or name of the means of transport 
(lorry, wagon, ship, aeroplane) on to which the radioactive waste is loaded (b). 
No C 5/14 Official Journal of the European Communities 10. 1. 90 
13. Mode of transport code number: 
1: sea, 2: rail, 3: road, 4: air, 8: inland waterway. 
14. Date of first shipment. 
15. Date of last shipment. 
16. Total number of shipments intended. 
17. Actual date on which the shipment commences (b). 
18. Number (digits) and type of the packages containing the radioactive waste (b). 
19. Code number of the radioactive waste in the country of dispatch, when used. 
20. Code number of the radioactive waste in the country of destination, when used. 
21. Intended quantity of the radioactive waste to be shipped (in kilograms). 
22. Name, physical characteristics and chemical composition of the radioactive waste. Nature and 
concentration of the most characteristic or significant components, in terms of the toxicity and 
other dangers presented by the radioactive waste. If possible, analysis referring to the management 
operations envisaged, particularly in the case of an initial shipment. 
(a) Radionuclides of main radiological significance present in the radioactive waste and corre­
sponding activities (in becquerds). 
23. Actual quantity of radioactive waste transported (in kilograms) (b). 
(a) Actual radionuclides of main radiological significance transported and corresponding activity 
(in becquerds) (b). 
24. United Nations classification number. 
25. Process by which the radioactive waste was generated. 
26. Nature of the risk subsidiary to the radioactive risk: explosive, oxidizing, flammable, toxic, 
harmful, corrosive. 
27. Outward appearance of the radioactive waste at the temperature of transportation: powdery/ 
powder, solid, viscous/paste, sludgy, liquid, gaseous, other. Colour. Temperature of transportation 
in degrees Celsius. 
28. Code number of the competent authorities of the Member States concerned, if required. 
29. Intended radioactive waste management operations. 
30. Customs office of entry in the Community. 
31. Declaration by the holder and the carrier that the information concerning points 3, 6, 8, 12, 17, 
18, 23 and 23 (a) is correct: place, date, signature of holder and carrier (a) (b). 
(a) In signing the forms, the holder and the carrier, as indicated, certify that the information they have 
provided is correct. 
(b) This information is to be given by the holder with the carrier's agreement after receipt of the 
acknowledgement by the competent authority. 
(c) A carrier who is not required to hold a licence should be able to demonstrate that he complies with 
the rules of the Member States concerned in respect of transport of the radioactive wastes 
designated in the form. 
10. 1. 90 Official Journal of the European Communities No C 5/15 
(d) Information, signed by the consignee, relating to the contractual agreement between the holder 
and the consignee concerning the radioactive waste referred to in the notification in question. 
If applicable: 
— list of producers /carriers (5 and 6), 
— details concerning the radioactive waste (22 and 22 (a)), 
— proof of the written agreement to the shipment of the third State of destination, 
— information on the capacity of the consignee to properly manage the radioactive waste. 
(e) Including, where appropriate, any special condition made by the competent authority of the 
Member States of dispatch and of transit with respect to the shipment of the waste on their 
territory and instructions to be followed in the event of danger or an accident. 
SECTION B 
Acknowledgement 
1. Date of receipt of notification. 
2. Date on which acknowledgment is sent. 
3. Period of validity of acknowledgement. 
4. Whether acknowledgement applies to a single shipment or to several shipments. 
5. Existence of special transport conditions, if any. 
6. Date, signature and stamp of competent authority. 
SECTION C 
Receipt by the consignee 
1. Declaration by the consignee that he has received the radioactive waste and the quantity thereof. 
Place, date, signature of the consignee. 
SECTION D 
Customs endorsement 
1. Address of customs post through which the radioactive waste leaves the customs territory of the 
Community. 
2. Declaration that the radioactive waste has been exported from the customs territory of the 
Community. 
3. Customs declaration, which must be endorsed. 
4. Date of exit. 
5. Date, stamp and signature of customs authority. 
PART XIII 
Designation of the competent authorities 
35. Member States shall designate the competent authorities for the purpose of Part III.'