WRITTEN QUESTION No. 594/99 by Nuala AHERN Illegal import or export of radioactive materials into or out of the EU in 1998
Date: 1999-03-12
Institutions: AHERN, European Parliament
Subjects: EAEC Treaty, export (EU), illicit trade, import (EU), nuclear safety, radioactive materials

21.12.1999

EN

Official Journal of the European Communities

C 370/67

Answer given by Mr Papoutsis on behalf of the Commission

(30 April 1999)

The Commission has no legal competence to authorise the transport of nuclear material into or out of the
territory of the Community. That responsibility rests with the competent authorities of the Member States
concerned.

As far as Euratom safeguards is concerned, there is no obligation for notifications or reports to be sent to
the Commission for the transit of nuclear material via ports in the Community. A declaration is only
required if the material
is unloaded from the ship or the airplane for interim storage in a nuclear
installation of the Community before it is shipped to its final destination.

(1999/C 370/092)

WRITTEN QUESTION E-0594/99

by Nuala Ahern (V) to the Commission

(12 March 1999)

Subject: Illegal import or export of radioactive materials into or out of the EU in 1998

How many instances were reported to the Euratom authorities of alleged illegal
import or export of
radioactive materials into or out of the European Union in 1998? What investigations were made into
each respective allegation and will the Commission give details of those instances that were substantiated?

Answer given by Mr Papoutsis on behalf of the Commission

(3 May 1999)

The Commission wishes to remind the Honourable Member that, according to the Euratom Treaty, there is
no legal obligation for Member States to inform the Commission on legal or illegal imports or exports of
radioactive substances. However, if the radioactive substances are also to be classified as nuclear materials
in the sense of Article 197 of the Euratom Treaty, they automatically become subject to Euratom
safeguards under chapter VII of the Euratom Treaty. In some cases, the supply rules laid down in chapter
VI also apply. Therefore any illegal appearance of nuclear material on the territory of the Community must
be reported to the Commission.

The majority of the instances in 1998 do not involve nuclear materials but only radioactive substances,
sealed sources and contaminated scrap metal. Member States are legally not obliged to inform the
Commission about cases of illegal practices involving radioactive substances. Furthermore, while investiga-
tions by public prosecutors or court proceedings are under way no detailed information on cases of illicit
traffic can be given to the Commission. However, the Commission received information on three cases of
illicit trafficking with radioactive substances within the Member States in 1998. Moreover, as far as nuclear
materials are concerned, three other instances were reported to the Commission on the basis of chapter VII
of the Euratom Treaty. Two instances involved low-enriched uranium and the third case depleted uranium.

For details of these instances the Honourable Member should contact the competent authorities of
Germany, Italy and the United Kingdom as the Commission, pursuant to Article 194 of the Euratom
Treaty, is not at liberty to disclose further details.