Proposal for a COUNCIL REGULATION (EURATOM) on shipments of radioactive substances within the European Community
Date: 1992-12-04
Institutions: European Commission
Subjects: customs formalities, intra-EU transport, nuclear safety, radioactive materials, radioactive waste, transport of dangerous goods

COMMISSION OF THE EUROPEAN  COMMUNITIES 

COM(92) 520 final 

Brussels, 4  December 1992 

îjffc 

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 

- 2 -

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  u p,  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  1 9 9 2, 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 

- 3 -

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. 

- 4 -

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 i o n W,  most  recently  in 

Directive 80/836/Euratom($), 
D i rectIve 84/467/Euratom<6>; 

which 

was 

amended  by 

(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. 

- 5 -

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). 

- 6 -

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. 

- 7  -

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. 

- 8 -

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. 

- 10 -

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  [—| 

3.2. AUTHORISATION 

REPORTING WAS MADE 
ON (date) ...  PLACE  ... 
TO (name of  the competent 
author i ty) ... 

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 

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14 

Catalogue number : CB-CO-92-542-EN-C 

ISBN 92-77-50232-0 

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