P6_TA(2006)0300
Shipments of radioactive waste and nuclear spent fuel *
European Parliament legislative resolution on the proposal for a Council directive on the supervi-
sion and control of shipments of radioactive waste and nuclear spent fuel (COM(2005)0673 —
C6-0031/2006 —2005/0272(CNS))
(Consultation procedure)
The European Parliament,
—having regard to the Commission proposal to the Council (COM(2005)0673) (1),
—having regard to Articles 31(2) and 32 of the Euratom Treaty, pursuant to which the Council consulted
Parliament (C6-0031/2006),
—having regard to Rule 51 of its Rules of Procedure,
—having regard to the report of the Committee on Industry, Research and Energy (A6-0174/2006);
1. Approves the Commission proposal as amended;
2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 119, second paragraph,
of the Euratom Treaty;
3. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;
4. Asks the Council to consult Parliament again if it intends to amend the Commission proposal
substantially;
5. Instructs its President to forward its position to the Council and Commission.
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 1
Recital 1 a (new)
(1a) By Council Decision 2005/84/Euratom of 24 January
2005 (2), the European Atomic Energy Community acceded to
the Joint Convention on the Safety of Spent Fuel Manage-ment and on the Safety of Radioactive Waste Management.
(2)OJ L 30, 3.2.2005, p. 10.
Amendment 2
Recital 6
(6) Lack of a Community common fuel cycle policy , each
Member State remains responsible for the choice of its ownpolicy on the management of the nuclear waste and spent fuelthat are under its jurisdiction; the provisions of this Directiveshould therefore be without prejudice to the right of Member
States to export their spent fuel for reprocessing and to their
right to refuse the entry into their territory of radioactive wastefor final treatment or disposal, except in the case of
reshipment.(6) Each Member State remains responsible for the choice of
its own policy on the management of the nuclear waste andspent fuel that are under its jurisdiction, some considering
spent fuel as a usable resource that can be reprocessed, otherselecting to dispose of it ; the provisions of this Directive should
therefore be without prejudice to the right of Member States of
origin to export their spent fuel for reprocessing and to the
right of Member States of destination to refuse the entry into
their territory of (i)radioactive waste for final treatment,
except in the case of reshipment, and (ii) spent fuel for final
disposal.13.12.2006 634 Il-Ġurnal Uffiċjali ta' l-Unjoni Ewropea
L-Erbgħa, 5 ta' Lulju 2006MT
(1) Not yet published in OJ.
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 3
Recital 8
(8) Simplification of the existing procedure should not ham-
per the existing rights of the Member States to object to or setconditions to a shipment of radioactive waste which requiretheir approval. Objections should not be arbitrary and should
be founded on relevant national or international provisions
that can be easily identified. Relevant legislation is not limitedto sectoral transport legislation. This Directive should be wit-hout prejudice to the rights and obligations of Member Statesunder international law, and in particular to the exercise, byships and aircraft of maritime, river and air navigation rights
and freedoms, as provided for in international law.(8) Simplification of the existing procedure should not ham-
per the existing rights of the Member States to object to or setconditions to a shipment of radioactive waste which requiretheir consent. Objections should not be arbitrary and should
be founded on relevant national, Community or international
provisions as set out in this Directive. Relevant legislation is
not limited to sectoral transport legislation. This Directiveshould be without prejudice to the rights and obligations ofMember States under international law, and in particular to theexercise, by ships and aircraft of maritime, river and air naviga-
tion rights and freedoms, as provided for in international law.
Amendment 4
Recital 8 a (new)
(8a) Each Member State remains fully responsible for the
management of radioactive waste and spent fuel under itsjurisdiction; nothing in this Directive should imply that aMember State of destination must accept shipments ofradioactive waste and spent fuel for final treatment or dispo-
sal except where the waste or fuel is for reshipment. Any
refusal of such shipments should be justified on the basis ofthe criteria set out in this Directive.
Amendment 5
Article 1, paragraph 3 a (new)
3a. This Directive is without prejudice to rights and obli-
gations under international law, including, but not limited to,the right of innocent passage and right of transit passageenshrined in the United Nations Convention on the Law of
the Sea (UNCLOS).
Amendment 6
Article 3, point 1
(1)“radioactive waste” means radioactive material in gaseous,
liquid or solid form for which no further use is foreseenby the countries of origin and destination, or by a naturalor legal person whose decision is accepted by these coun-tries, and/or which is controlled as radioactive waste by a
regulatory body under the legislative and regulatory frame-
work of the countries of origin, transit and destination;(1)“radioactive waste” means radioactive material in gaseous,
liquid or solid form for which no further use is foreseenby the countries of origin and destination, or by a naturalor legal person whose decision is accepted by these coun-tries, and which is controlled as radioactive waste by a
regulatory body under the legislative and regulatory frame-
work of the countries of origin and destination;13.12.2006 635 Il-Ġurnal Uffiċjali ta' l-Unjoni Ewropea
L-Erbgħa, 5 ta' Lulju 2006MT
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 7
Article 3, point 2
(2)“spent fuel” means nuclear fuel that has been irradiated in
and permanently removed from a reactor core;(2)“spent fuel” means nuclear fuel that has been irradiated in
and permanently removed from a reactor core; spent fuel
may either be considered as a usable resource that can bereprocessed or be destined for final disposal with no furt-
her use foreseen and treated as radioactive waste.
Amendment 8
Article 5, paragraph 1 a (new)
The competent authorities of the Member States involved
shall take the necessary measures to ensure that all informa-
tion regarding shipments covered by this Directive is handled
with due care and protected against any misuse.
Amendment 9
Article 5 a (new)
Article 5a
Acknowledgment of receipt of the application by the
competent authorities
Not later than 15 calendar days from the date of the receipt
of the application by the competent authorities of the Mem-
ber State of destination and of any Member State of transit,those authorities shall:
(a) send an acknowledgement of receipt of the application to
the competent authorities of the Member State of origin,
provided that the application is duly completed in com-pliance with the provisions of Article 14; or
(b) where the application is not duly completed as set out in
point (a), request the missing information from the com-
petent authorities of the Member State of origin andinform the competent authorities of the Member State ofdestination and other Member States of transit, if any, ofsuch request. A copy of that request shall be transmittedto the holder. The sending of such a request shall have
the effect of suspending the time-limit for issuing an ack-
nowledgement of receipt. The missing information shallbe sent by the competent authorities of the Member Stateof origin to the competent authorities of the MemberStates concerned without undue delay. Not later than
seven calendar days after the date of receipt of the mis-
sing information, the competent authorities of the Mem-ber State of destination or transit by which it had beenrequested shall send an acknowledgement of receipt ofthe duly completed application to the competent authori-ties of the Member State of origin.13.12.2006 636 Il-Ġurnal Uffiċjali ta' l-Unjoni Ewropea
L-Erbgħa, 5 ta' Lulju 2006MT
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 10
Article 6, paragraph 1
1. Not later than one month from the date of receipt of
the duly completed application by the competent authoritiesof the Member State of destination and of any Member State
of transit, they shall issue an acknowledgement of receipt.
Not later than three months from the date of receipt of the
duly completed application the competent authorities of the
Member State of destination and of any Member State of tran-sit shall notify the competent authorities of the country of ori-
gin of their consent or of the conditions which they consider
necessary or of their refusal to grant consent.
However, the competent authorities of the Member State of
destination or of any Member State of transit may request afurther period of not more than one month in addition to theperiod referred to in the second subparagraph to make their
position known.1. Not later than two months from the date of the acknow-
ledgement of receipt the competent authorities of the Member
State of destination and of any Member State of transit shallnotify the competent authorities of the Member State of origin
of their consent or of the conditions which they consider
necessary for granting consent or of their refusal to grant con-sent.
However, the competent authorities of the Member State of
destination or of any Member State of transit may request afurther period of not more than one month in addition to theperiod referred to in the first subparagraph to make their posi-
tion known.
Amendment 11
Article 6, paragraph 2
2. If upon expiry of the periods referred to in the second
and third subparagraphs of paragraph 1 no reply has been
received from the competent authorities of the Member Stateof destination and/or the intended Member States of transit,
those countries shall be deemed to have given their consent for
the shipment requested provided that the acknowledgement of
receipt referred to in paragraph 1 has been received fromthose countries.2. If upon expiry of the periods referred to in the first or
second subparagraph of paragraph 1 no reply has been recei-
ved from the competent authorities of the Member State ofdestination and/or the intended Member States of transit, those
countries shall be deemed to have given their consent for the
shipment requested.
Amendment 12
Article 6, paragraph 3, point (b)
b) for the Member State of destination, on relevant legislation
applicable to the management of radioactive waste or spentfueland on relevant national, Community or international
legislation applicable to transport of radioactive material.b) for the Member State of destination, on relevant legislation
applicable to the management of radioactive waste or spentfuel oron relevant national, Community or international
legislation applicable to transport of radioactive material.
Amendment 13
Article 6, paragraph 3, subparagraph 2 a (new)
The same consent and refusal procedure shall be applied for
both shipments of radioactive waste and shipments of spent
fuel for disposal.13.12.2006 637 Il-Ġurnal Uffiċjali ta' l-Unjoni Ewropea
L-Erbgħa, 5 ta' Lulju 2006MT
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 14
Article 9, paragraph 2
2. Where a shipment cannot be completed or if the condi-
tions for shipment are not complied with in accordance with
the provisions of this Directive, the competent authorities ofthe Member State of origin shall ensure that the radioactivewaste or the spent fuel in question is taken back by the holder,unless an alternative safe arrangement can be made. They shall
ensure that the person responsible for the shipment takes cor-
rective safety measures where necessary.2. Where a shipment cannot be completed or if the condi-
tions for shipment are not complied with in accordance with
the provisions of this Directive, the competent authorities ofthe Member State of origin shall ensure that the radioactivewaste or the spent fuel in question is taken back by the holder,unless an alternative safe arrangement can be made on the
basis of the applicable legislation on the management of
spent fuel and radioactive waste. They shall ensure that theperson responsible for the shipment takes corrective safetymeasures where necessary.
Amendment 15
Article 9, paragraph 3
3. The holder shall be liable for costs arising in cases where
the shipment cannot or may not be completed.3. Where the shipment cannot or may not be completed
for the reasons referred to in paragraph 1, the holder shall be
primarily liable for costs arising, unless otherwise provided for
either in any applicable legislation or in any contractualarrangement between the holder and any other person invol-
ved in the shipment.
Amendment 16
Article 10, paragraph 1, subparagraph 3
The consignee shall be liable for costs arising in cases where
the shipment cannot or may not be completed.deleted
Amendment 17
Article 10, paragraph 5
5. The Member State of destination or any Member State of
transit may decide that the shipment may not be completed ifthe conditions for shipment are no longer complied with inaccordance with the provisions of this Directive, or are not in
accordance with the authorisations or consents issued pursuant
to this Directive. Such Member State shall forthwith inform thecompetent authorities of the country of origin of this decision.The consignee will be liable for costs arising in cases where
the shipment cannot or may not be completed .5. The Member State of destination or any Member State of
transit may decide that the shipment may not be completed ifthe conditions for shipment are no longer complied with inaccordance with the provisions of this Directive, or are not in
accordance with the authorisations or consents issued pursuant
to this Directive. Such Member State shall forthwith inform thecompetent authorities of the country of origin of this decision.
Where the shipment cannot or may not be completed for the
reasons referred to in the first subparagraph, the consignee
shall beprimarily liable for costs arising, unless otherwise
provided for either in any applicable legislation or in any
contractual arrangement between the consignee and anyother person involved in the shipment.13.12.2006 638 Il-Ġurnal Uffiċjali ta' l-Unjoni Ewropea
L-Erbgħa, 5 ta' Lulju 2006MT
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 18
Article 11, paragraph 5
5. A Member State of transit may decide that the shipment
may not be completed if the conditions for shipment are nolonger complied with in accordance with the provisions of this
Directive, or are not in accordance with the authorisations or
consents issued pursuant to this Directive. Such Member Stateshall forthwith inform the competent authorities of the coun-try of origin of this decision. The responsible person referredto in paragraph 1 shall be liable for costs arising in cases
where the shipment cannot or may not be completed.5. A Member State of transit may decide that the shipment
may not be completed if the conditions for shipment are nolonger complied with in accordance with the provisions of this
Directive, or are not in accordance with the authorisations or
consents issued pursuant to this Directive. Such Member Stateshall forthwith inform the competent authorities of the coun-try of origin of this decision.
Where the shipment cannot or may not be completed for the
reasons referred to in the first subparagraph, the responsible
person referred to in paragraph 1 shall be primarily liable for
costs arising, unless otherwise provided for either in any
applicable legislation or in any contractual arrangement bet-ween that person and any other person involved in the ship-ment.
Amendment 19
Article 12, paragraph 5
5. The Member State of origin or any Member State of tran-
sit may decide that the shipment may not be completed if theconditions for shipment are no longer complied with in accor-dance with the provisions of this Directive, or are not in accor-dance with the authorisations or consents issued pursuant to
this Directive. Such Member State of transit shall forthwith
inform the competent authorities of the Member State of ori-gin of this decision. Article 9, paragraph 2, applies. The holderwill be liable for costs arising in cases where the shipment
cannot or may not be completed.5. The Member State of origin or any Member State of tran-
sit may decide that the shipment may not be completed if theconditions for shipment are no longer complied with in accor-dance with the provisions of this Directive, or are not in accor-dance with the authorisations or consents issued pursuant to
this Directive. Such Member State of transit shall forthwith
inform the competent authorities of the Member State of ori-gin of this decision. Article 9, paragraph 2, applies.
Where the shipment cannot or may not be completed for the
reasons referred to in the first subparagraph, the holder shall
beprimarily liable for costs arising, unless otherwise provided
for either in any applicable legislation or in any contractual
arrangement between the holder and any other person invol-
ved in the shipment.
Amendment 20
Article 16, paragraph 1
1. Member States shall promote agreements in order to faci-
litate the safe management, including the final disposal, of
radioactive waste from countries that produce it in small quan-
tities and where the establishment of appropriate facilitieswould not be justified from the radiological point of view.1. Member States shall promote agreements in order to faci-
litate the safe management, including the final disposal, of
radioactive waste from countries that produce it in small quan-
tities and where the establishment of appropriate facilitieswould not be justified from the radiological, economic, envi-ronmental and safety points of view. Such agreements shall
be concluded subject to the condition that each Member Stateretains the right to refuse entry into its territory of spent fuel
or radioactive waste for final processing or disposal, with the
exception of reshipments.13.12.2006 639 Il-Ġurnal Uffiċjali ta' l-Unjoni Ewropea
L-Erbgħa, 5 ta' Lulju 2006MT