SSSS-J» COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(93) 235 final 
Brussels, 26 May 1993 
Amended proposal for a 
COUNCIL REGULATION f CURATOR 
Igllïw^ÏKW^»» 
MWtH SHIPMENTS OF RADIOACTIVE SUBSTANCES 
WITHIN THE EUROPEAN COMMUNITY 
(submitted by the Commission pursuant to article 119,2 
of the EAEC Treaty) 
^i:?s 
F,j|fe»W«,«*'M 
-4-
EXPLANATORY MEMORANDUM 
At its sitting of 21 April 1993, the European Parliament gave its 
opinion on a proposal for a Council regulation (Euratom) on shipments 
of radioactive substances within the European Community. The proposal 
was approved by the Commission on 4 December 1992(D having considered 
the opinion given by the Economic and Social Committee on 
25 November 1992^2^ on a draft proposal put forward on 
23 July 1992<3>. 
The present modified proposal takes account of the amendments requested 
by the European Parliament where the Commission has been able to accept 
them. 
The Commission accepted amendment No. 4 spelling out explicitly that 
special controls on shipments of radioactive substances can be 
performed, as long as they are not discriminatory (article 3). 
It also accepted amendment No. 5 clarifying the meaning of "disposal" 
(in article 4(1) French language version only). The Commission also 
accepted to clarify that the proposed regulation does not affect 
existing provisions under Chapter VII - SAFEGUARDS of the Euratom 
Treaty, nor does affect those under the Convention on the physical 
protection of nuclear materials notably those of informing in advance 
States through which the nuclear material is expected to transit 
(amendments No. 9 and compromise amendment No. 15, see 5th whereas 
clause; new article 7,2 and 7,3). 
(1) C0M(92)520 Final, O.J. C 397 of 31.12.1992 
(2) ... 
(3) SEC(92)1538 Final 
\ 
The Commission accepted amendment No. 11 regarding information to be 
supplied by the Commission to the European Parliament (art. 8 new), and 
also accepted amendment No. 12 on information to be exchanged between 
the national competent authorities within the framework of Article 6. 
The Commission also accepted to apply the regulation to shipments 
effected by the Commission or on its behalf, as proposed by amendment 
No. 13 (art. 7,4). The Commission accepted compromise amendment No. 16 
asking to modify the standard document annexed to the regulation by 
giving instructions how to fill out in of the document, in particular 
to provide information on intended use of the substances and on the 
transport operations and related insurances.. 
The Commission could not accept amendment No. 1 proposing that Member 
States conform with the Member State which has adopted the most 
stringent measures in the field. The proposed amendment would in fact 
prevent the correct application of the As Low As Reasonably Achievable 
(ALARA) principle required by Article 6 of directive 80/836/Euratom. 
The Commission could not accept amendment No. 2 proposing a moratorium 
on shipments of substances likely to play a role in nuclear 
proliferation, or intended for export, except those used for medical 
purposes, pending the adoption and implementation of the Council 
regulation (EEC) on the control of export of certain dual-use goods and 
technologies and of certain nuclear products and technologies, proposed 
by the Commission^4). Radioactive substances which at the same time 
are dual-use goods in the meaning of C0M(92)317 Final are subject to 
the provisions of Chapter VII Safeguards of the Euratom Treaty. Special 
fissile materials as defined by Art. 197 of the Euratom Treaty are also 
subject to the provisions of the 1980 New York convention on the 
Physical Protection of Nuclear Materials, to which the Community and 
all its Member States are party. All Member States of the Community 
have also subscribed to the Nuclear Suppliers Export Guidelines, better 
(4) C0M(92) 317 Final 
-3-
known as "London Guidelines" concerning export and physical protection 
of such materials. The Commission therefore considered that sufficient 
control is presently exercised on radioactive substances likely to play 
a role in nuclear proliferation as to make unjustified the proposed 
moratorium on their intra-Community shipments. 
The Commission could not accept amendment No. 3 aiming at prohibiting 
air transport of radioactive substances except those intended for 
medical purposes. The regulation has the limited objective of ensuring 
that the consignee of radioactive substances is known to the national 
authorities competent for radiation protection in his country. The 
safety of transport of radioactive substances is ensured worldwide by 
the application of the Regulations for the Safe Transport of 
Radioactive materials issued by the International Atomic Energy Agency 
(IAEA). 
The IAEA regulations are incorporated into the major international 
agreements on transport of dangerous goods, of which radioactive 
substances are a class. 
As regards specifically air transport, the carriage of dangerous goods 
by air is regulated by the International Civil Aviation Organisation 
(ICAO) which issued the "Technical instructions for the safe transport 
of dangerous goods by air". The ICAO Instructions are in force in all 
the Community Member States and they embody the provisions of the IAEA 
regulations. 
-¥-
All the opérât ions and conditions associated with the movement of 
radioactive materials, such as the design, manufacture , maintenance 
and preparation of packages and their dispatch, handling, routing, 
storage during transport and reception on delivery of radioactive 
substances are dealt with by the Commission within the context of 
transport. Two communications from the Commission on the transport of 
radioactive materials in the European Community, together with reports 
on the same subject from a special working party to the Commission, 
were transmitted to the Council and to the European Parliament in 
1984(5) and 1989<6). A third report is presently in preparation and 
on its basis the Commission may identify possible actions in the 
field, taking into account the activities going on within the IAEA. 
The Commission could not accept amendments No. 6 and No. 10 proposing 
an involvement in the application of the regulation of the 
Commission's services responsible for the application of Chapter VI 
Supplies and Chapter VII Safeguards of the Euratom Treaty 
respectively. The regulation deals with radiation protection, which 
is the subject of Chapter ill of the Euratom Treaty, and it has to be 
applied Independently from, and in addition to, the provisions 
stemming from the other Chapters of the Treaty mentioned. 
(5) C0M(89)233 Final 
(6) SEC(89)801 Final 
MODIFIED PROPOSAL FOR A COUNCIL REGULATION (EURATOM) ON SHIPMENTS 
OF RADIOACTIVE SUBSTANCES WITHIN THE EUROPEAN COMMUNITY 
(Submitted by the Commission pursuant to article 119,2 
of the EAEC Treaty) 
Original text Modified text 
(5th whereas clause, new) 
Whereas special fissile materials 
as defined by Article 197 of the 
Euratom Treaty are subject to the 
provisions of Chapter VI I 
Safeguards of that Treaty and the 
transport of such materials is 
subject to the international 
convention on the physical 
protection of nuclear materials 
(IAEA, 1980). 
Article 3 Article 3 
Checks carried out under Community 
law or national law in the event 
of shipments of radioactive 
substances shall be conducted 
solely within the context of 
routine checks performed in a non­
discriminatory manner throughout 
the territory of a Member State. Checks carried out under 
Community law or national law in 
the event of shipments of 
radioactive substances shall be 
conducted solely within the 
context of routine or special 
checks performed in a non­
discriminatory manner throughout 
the territory of a Member State. 
Article 6 Article 6 
The competent authorities of 
Member States shall co-operate in 
ensuring the application of this 
Regulation as regards shipments of 
radioactive substances. The competent authorities of 
Member States shall co-operate in 
ensuring the application of this 
Regulation as regards shipments 
of radioactive substances. 
The cooperation may include the 
exchange of information on the 
number of shipments and the 
highest single quantity of each 
radionuclide delivered to each 
consignee. 
r 
Original text Modified text 
Article 7 
Nothing in this 
shall affect the 
resulting from 
92/3/EURATOM. Regulation 
obiigat ions 
Directive Article 7 
Nothing in this 
shall affect the 
resulting from 
92/3/EURATOM. Regulation 
obiigat ions 
Direct ive 
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 
VI I, of the Treaty. 2. Nothing in this Regulation 
shall affect the obligations 
resulting from Chapter VII-
Safeguards of the Euratom 
Treaty. 
3. Nothing in this Regulation 
shall affect the obligations 
resulting from the Convention 
on the physical protection of 
nuclear materials. notably 
those of informing in advance 
States through which the 
nuclear material is expected 
to transit. 
Article 8 (new) 
Every two years, and for the 
first time on 31 May 1995, Member 
States shall forward to the 
Commission reports on the 
implementation of this 
regulation. 
On the basis of these reports, 
the Commission shall prepare a 
summary report for the European 
Parliament, the Council and the 
Economic and Social Committee. 
Former Article 8 becomes Article 
9. 
/ 
ANNEX 
SHIPMENTS GF RADIOACTIVE SUBSTANCES WITHIN THE EUROPEAN OQMMUNTIY 
Sia&dstd document, puxxaznt to Cotmdl Rcgtdbôaa. (Eaxatow) No -.-/-.-
Notice 
- the consignee of radioactive 
substances shall complete boxes i~ 
to 7 and send this form to the 
relevant competent authority in his 
country. [ ~~ '• " ~~° 
- the competent authority endorsing 
the consignee declaration shall 
fill In box 8 and return this form 
to the consignee, 
- box 6 will be used by the consignee 
for any additional Information such 
as : 
- Intended use of the radioactive 
substances. 
- information on the transport 
operations effecting the shipment 
and related fnsurances. 
DECLARATION FOR A SINGLE 
SHIPMENT i DECLARATION FOR MORE THAN ONE 
SHIPMENT 
•••' D 
CONSIGNEE OFTHE RADIOACTIVE SUBSTANCES: 
Place of destination of the radioactive jubsanco: 
Responsible person: • -
3. THE CONSIGNEE IS SUBJECT TO: 
3.1. REPORTING 
Reponiog yns made 
On (dite) „ 
Place , * D 
To (name of die competent authority) 3JL AUTHORIZATION • 
Attthoâzaiïôa, delivered by (fixmc of 
oompeteox auttonty) 
On (date) 
PLU3C 
33. Maximum activity and jKrndpal radioatldîdci tneackmed ta ttc iraTOttinç/aathorizztion: 
s 
< DESCRIPTION OFTHE RADIOACTIVE SUBSTANCES TO BE SHIPPED: 
4.L Maxîtnnro, actjrîty <ad pôndpal radBomcfidcar 
S. HOUJEROFTHERADrOACTTVESUBSTANCESî 
«. ADDITIONAL INFORMATION: 
> CONSIGNEES DECLARATION: 
lt h hereby certified, dbat tb« information grrca above h correct. 
Date 
Name: 
Signature: 
ft ENDORSEMENT BY THE COMPETENT AUTHORITIES AND DATE OF EXPIRY: 
Name: 
Address: 
Date: — Date of «cptry of tie endowed declaration: 
Scamp: 
Signature: it*. 
ïv 
1/ 

ISSN 0254-1475 
COM (93) 235 final 
DOCUMENTS 
EN 15 14 
Catalogue number : CB-CO-93-265-EN-C 
ISBN 92-77-56152-1 
Office for Official Publications of the European Communities 
L-2985 Luxembourg