Proposal for a Council Directive on the supervision and control of shipments of radioactive waste and spent fuel
Date: 2004-11-12
Institutions: European Commission
Subjects: cross-border transport, exchange of information, health risk, irradiated fuel, nuclear safety, radioactive waste, transport of dangerous goods

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 12.11.2004 
COM(2004) 716 final 

2004/0249(CNS) 

. 

Proposal for a 

COUNCIL DIRECTIVE 

on the supervision and control of shipments of radioactive waste and spent fuel 

. 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. 

JUSTIFICATION OF THE PROPOSAL 

1.1. 

Existing system under Directive 92/3/Euratom 

Directive  92/3/Euratom  of  3  February  1992  on  the  supervision  and  control  of  shipments  of 
radioactive waste between Member States and into and out of the Community was adopted to 
establish a system of strict control and prior authorisation for shipments of radioactive waste 
in order to avoid illicit traffic of such materials.  

The  Directive  applies  both  to  the  shipments  between  the  Member  States  and  to  import  into 
and export out of the Community. It ensures that Member States of destination and of transit 
are informed about the transfer of radioactive waste to or through their country and that they 
approve  such  a  transfer  or  have  an  opportunity  to  object  to  it.  As  regards  export,  the 
authorities  of  the  third  country  of  destination  are  informed  about  the  transfer.  Export  of 
radioactive  waste  to  certain  places  is  totally  forbidden,  e.g.  to  the  Antarctic  or  to  the  states 
that are parties to the Lomé Convention. 

This Directive was intended to supplement Directive 80/836/Euratom of 15 July 1980 laying 
down  the  basic  safety  standards  for  the  health  protection  of  the  general  public  and  workers 
against the dangers arising from ionising radiation, which was amended by Council Directive 
84/467/Euratom.  

Directive  80/836  was  replaced  and  repealed  with  effect  from  13  May  2000  by  Directive 
96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the 
health of workers and the general public against the dangers arising from ionising radiation.  

While the system of strict control and prior authorisation for shipments of radioactive waste 
laid  down  in  Directive  92/3  has  proved  satisfactory,  its  implementation  in  practice  has 
highlighted the need for a number of adaptations. 

Although the essentials of the provisions in Directive 92/3 are being maintained, the number 
and  nature  of  the  modifications  to  be  proposed  justify  that  a  new,  recasting  Directive  be 
adopted replacing and repealing Directive 92/3. 

1.2. 

Need for simplification 

The  revision  process  of  Directive  92/3  Euratom  was  initiated  in  2001  in  the  context  of  the 
fifth phase of the SLIM initiative (Simpler Legislation for Internal Market; SLIM V), with a 
view to making Directive 92/3 Euratom more user-friendly and transparent. 

The SLIM review of the Directive focused on the following issues: 

–  incorporating  the  technical  provisions  set  out  in  subsequent  legislation  and  in  particular, 

the Basic Safety Standards Directive; 

–  aligning  the  provisions  of  the  Directive  (in  particular  Articles  7,  10,  11,  12)  with  certain 

international agreements to which the Community is a party or plans to accede; 

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–  clarifying and, where appropriate, removing inconsistencies in those provisions (Article 12 
in  particular)  dealing  with  the  right  of  third  countries  to  be  consulted  on  the  proposed 
shipment of radioactive waste in the case of export; 

–  the  possible  extension  of  the  scope  of  the  Directive  to  include  irradiated  fuel  for 
reprocessing, thus bringing it into line with current international rules and instruments; 

–  examining and clarifying those rules in the Directive which provide for the refusal to grant 

approvals for shipments of radioactive waste; 

–  the  simplification  of  the  standard  document  used  for  notification  of  the  intention  to  ship 

radioactive waste; 

–  the benefits of replacing the Directive by a Regulation. 

Those issues were discussed and led to 14 recommendations being proposed and included in 
the Report from the Commission on the Outcome of the 5th Phase of SLIM.1 

1.3.  Modifications proposed 

Modifications in the provisions of Directive 92/3 are justified by four different reasons:  

1.3.1  Consistency with latest Euratom Directives 

The new Directive has necessarily to reflect the adoption of Directive 96/29 Euratom, and is 
thus meant to supplement that Directive. 

The adoption on 22 December 2003 of Council Directive 2003/122/Euratom on the control of 
high-activity sealed radioactive sources and orphan sources, makes it also necessary to adapt 
the wording of the provisions on reshipment of radioactive sealed sources. It should be noted 
that while under certain conditions such shipments can be exempted from the requirements of 
this Directive, this exemption should not apply to fissile materials, in order to ensure adequate 
safeguards. 

1.3.2  Consistency with international Conventions 

Directive 92/3/Euratom is not limited to intra-Community shipments of radioactive waste, and 
its  implementation  involves  several  international  legal  instruments,  such  as  conventions 
adopted  in  the  same  field  by  the  International  Atomic  Energy  Agency  or  international 
agreements  concerning  airspace  or  maritime  movements.  These  legal  instruments  have 
evolved considerably since 1992. 

Consistency  was  in  particular  needed  in  view  of  the  planned  accession  of  the  European 
Atomic Energy Community (Euratom) to the IAEA Joint Convention on the Safety of Spent 
fuel Management and on the Safety of Radioactive Waste Management. 

1 

Commission  Staff  Working  Paper,  Simpler  Legislation  for  the  Internal  Market  (SEC  (2001)1977), 
transmitted to the Council and the European Parliament on 5th December 2001. 

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1.3.3.  Clarifying the procedure in practice 

The existing system needs to be improved by clarifying certain concepts, either by amending 
the existing definitions or by adding new definitions. It has also proved necessary to remove 
inconsistencies and to simplify the existing procedure for the shipment of radioactive waste 
between Member States. 

Further  to  the  recommendations  in  the  SLIM  Report,  it  was  felt  necessary  to  address 
situations  that  had  been  omitted  in  the  past.  In  particular,  there  is  a  need  to  take  into 
consideration  shipments  from  and  to  the  same  country  of  origin  when  they  are  transiting 
through another country. 

The  use  of  languages  in  the  standard  document  also  needs  to  be  clarified.  Some  Member 
States  have  pointed  out  uncertainties  on  this,  and  the  fact  that  in  some  cases  delays  would 
occur  when  the  applications  for  the  authorisation  of  a  shipment  are  transmitted  to  countries 
with a language other than that used to fill in the application. The need for clear rules on the 
use of languages is specially relevant in a Community of 25 Member States. 

1.3.4.  Extension of the scope to spent fuel 

The  scope  of  the  Directive  is  now  extended  so  that  the  control  procedures  it  lays  down  are 
also explicitly applicable to shipments of spent fuel, whether it is intended for disposal or for 
reprocessing. 

The  provisions  in  Directive  92/3  gave  raise  to  uncertainties  regarding  its  applicability  to 
shipments of irradiated fuel, and the Commission had to give its interpretation on this issue on 
several  occasions,  following  individual  requests  for  information,  but  also  parliamentary 
questions. 

Under  Directive  92/3,  spent  fuel  for  which  no  use  is  foreseen  is  considered  as  “radioactive 
waste”  and  shipments  of  such  materials  are  subject  to  the  uniform  control  procedure  laid 
down in the Directive. Shipments of spent fuel for reprocessing are on the contrary not subject 
to such a procedure. This leads to the inconsistency that the same material is or is not subject 
to this procedure depending on its intended use. 

The  SLIM  report  recognised  “that  the  example  of  the  Joint  Convention  on  Safety  of  Spent 
Fuel  Management  and  on  the  Safety  of  Radioactive  Waste  Management  would  suggest  that 
the scope of the Directive be extended to cover also spent nuclear fuel for reprocessing”. No 
direct recommendation was however made, because the SLIM team considered this as “going 
beyond its mandate in the framework of the SLIM V initiative”. 

In view of the foregoing circumstances, and because from a radiological point of view there 
would be no reason not to apply the procedure laid down in Directive 92/3 to all shipments of 
spent  fuel,  it  is  deemed  appropriate  to  extend  the  scope  of  the  Directive  as  explained.  The 
administrative  burden  for  those  shipments  of  irradiated  fuel  which  would  concern  only 
Member  States  who  have  concluded  an  agreement  that  this  will  be  for  the  purpose  of 
reprocessing can be kept very low. It would indeed imply only minor constraints in addition 
to those in place for ensuring adequate safeguards. 

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1.3.5. 

Improving the Directive structure 

The existing provisions in Directive 92/3 needed to be reorganised in a user-friendly way. The 
Directive’s  internal  structure  has  thus  been  modified  on  the  basis  of  considerations  of 
legislative  technique  and  some  provisions  have  been  relocated  or  regrouped,  as  considered 
appropriate. 

2. 

LEGAL BASIS 

The  legal  basis  for  this  proposal  is  Article  31  of  the  Euratom  Treaty,  in  connection  with 
Article  32  thereof.  Article  31  defines  the  procedure  for  the  adoption  of  the  basic  safety 
standards provided for in Article 30 for the protection of the health of workers and the general 
public against the dangers arising from ionising radiation. Article 32 explicitly states that said 
basic  standards  might  be  supplemented  in  accordance  with  the  procedure  laid  down  in 
Article 31. 

3. 

SUBSIDIARITY AND PROPORTIONALITY 

While the Community is responsible for establishing uniform rules in the radiation protection 
field in order to achieve a high level of health protection of workers and the general public, it 
falls  on  the  Member  States  to  transpose  into  their  national  legislation  such  rules  and  to 
implement them.  

When  considering  the  existing  requirements  concerning  shipments  between  Member  States, 
there  is  no  ambiguity  as  to  the  roles  of  the  Community  and  the  Member  States  under  the 
existing system of prior authorisation and control of shipments of radioactive waste laid down 
by Directive 92/3.  

This proposal for a Directive does not fundamentally modify this existing prior authorisation 
system. The task of controlling shipments through a specific mechanism remains within the 
competence of Member States. 

Nevertheless, the proposed modifications reflect the need for a more harmonised approach to 
the  existing  prior  authorisation  system  which  exists  between  the  Member  States,  while 
simplifying the procedure and thus improving its efficiency.  

4. 

COSTS  OF  IMPLEMENTING  THE  PROPOSAL  FOR  MEMBER  STATES  AND  THE 
COMMUNITY 

4.1. 

Costs to the Member States 

Directive 92/3 Euratom already provides for a system of supervision and control of shipments 
of radioactive waste which involves designated competent authorities in each Member State. 

The  proposed  amendments  do  not  modify  the  existing  scheme.  The  fact  of  extending  the 
procedure  also  to  shipments  of  spent  fuel  intended  for  reprocessing  should  not  imply 
considerable  extra  costs  to  the  Member  States,  the  costs  being  easily  absorbed  by  the 
administrative infrastructures already in place. 

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The  procedure  being  now  clarified  in  some  key  aspects  (certainty  concerning  spent  fuel, 
generalisation of automatic approval, use of languages, user-friendly structure of the Directive 
provisions, etc.), the new Directive will allow delays to be avoided in carrying out shipments, 
thus reducing their administrative cost. 

4.2. 

Costs to operators 

The  extension  of  the  authorisation  procedure  also  to  shipments  of  spent  fuel  intended  for 
reprocessing should not imply additional costs to nuclear operators, as shipments of this kind 
are  already  covered  in  the  Member  States  by  some  kind  of  administrative  procedure  on  the 
basis of Directive 96/29. 

The  procedure  being  now  clarified  in  some  key  aspects  (certainty  concerning  spent  fuel, 
generalisation of automatic approval, use of languages, user friendly structure of the Directive 
provisions, etc), the new Directive will allow delays to be avoided in carrying out shipments, 
which is beneficial to the operators concerned. 

4.3. 

Costs to the Community 

There will be no impact on the Community budget. 

The  various  obligations  upon  the  Commission  arising  from  this  Directive  (concerning 
reporting,  establishment  and  updating  of  standard  document,  publication  of  lists  of 
authorities) already exist on the basis of Directive 92/3. 

Similarly,  the  Advisory  Committee  to  be  set  up  under  Article  16  corresponds  to  the 
Committee which already exists under Article 19 of Directive 92/3. 

In certain respects the costs of effective compliance with Community requirements at an early 
stage  through  the  use  of  a  more  precise  and  simplified  procedure  will  be  cost-beneficial  in 
terms  of  avoiding  administrative  costs  associated  with  dealing  with  infringements  of 
Community law caused by bad practical application of the BSS requirements. 

5. 

CONSULTATIONS WITH INTERESTED PARTIES 

This Proposal is based on the report of the SLIM team (see point 1.2 above). 

Furthermore, because the main purpose of this proposal is to render the Directive more user-
friendly  and  transparent,  the  representatives  of  the  competent  authorities  in  charge  of  the 
implementation of Directive 92/3 Euratom (Committee provided for in Article 19 of Directive 
92/3) were consulted on the draft revision of the Directive at a meeting held on 18 October 
2002. 

Under Article 31 of the Euratom Treaty, any draft legislation related to basic safety standards 
shall  be  submitted  to  an  expert  group  (Article  31  Group  of  Experts)  which  is  composed  of 
persons appointed by the Scientific and Technical Committee from among scientific experts, 
and in particular public health experts, in the Member States.  

These  experts,  acting  independently  from  Member  States,  provide  the  Commission  with 
valuable scientific expertise, give advice on all planned Community legislation and propose to 
amend or complement the standards on the basis of scientific and technical expertise. 

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This Group of Experts was consulted on the revision of Directive 92/3 during its meeting on 
December 2002 and gave its support to it. 

6. 

PROVISIONS OF THE PROPOSAL 

The  title  of  the  Directive  has  been  shortened,  the  expression  “between  Member  States  and 
into and out of the Community” being redundant. 

Following  the  extended  scope  of  this  proposal,  and  the  new  definition  of  “shipments”,  the 
words  “spent  fuel”  have  been  added;  alternatively  the  words  “radioactive  waste”  have  been 
deleted, as appropriate. 

The  general  structure  has  been  modified,  and  the  different  steps  of  the  procedure  are  now 
dealt with in different Articles. This implies that some provisions have been moved from one 
article to another. Provisions in the Directive are no longer divided in Titles. 

The  provision  in  Article  3  of  Directive  92/3,  according  to  which  “The  transport  operations 
necessary  for  shipment  shall  comply  with  Community  and  national  provisions  and  with 
international  agreements  on  the  transport  of  radioactive  material”  has  been  deleted.  This 
provision  did  not  create  any  new  obligation  additional  to  other  relevant  legal  provisions 
applicable to the transport operations, and was therefore redundant. A general reference to the 
relevant obligations concerning transport and waste management has instead been included in 
the fourth recital of the Directive. 

All  references  to  the  standard  document  have  been  deleted  in  individual  articles  and 
regrouped in Article 13 (Use of the standard document). 

Explanations  are  given  only 
in 
Directive  92/3/Euratom.  Unless  explicitly  indicated,  Article  numbers  correspond  to  those  in 
Directive 92/3. 

those  provisions 

that  deviate 

those 

from 

for 

6.1. 

Subject matter and scope (Article 1) 

Article 1(1): For reasons of legislative technique, the purpose of the Directive is now clearly 
stated.  This  Directive  supplements  Directive  96/29/Euratom,  under  which  Member  States 
have set out a system of reporting and authorisation of practices involving a risk from ionising 
radiation, and its purpose is thus consistent with those in Directive 96/29: health protection. 
To  this  aim,  the  Directive  lays  down  administrative  requirements,  so  as  to  allow  Member 
States to discharge their responsibilities in this area; the same administrative requirements can 
be used for safeguards purposes. 

Article 1(2): The provision in Article 1(1) of Directive 92/3 has been reworded so that: 

–  It  takes  into  account  the  new  conditions  set  in  Articles  3.2  (a)  and  (b)  of  Directive 

96/29/Euratom (quantities and concentration of radionuclides). 

–  It  is  clarified  so  as  to  cover  shipments  involving  the  same  country  of  origin  and  of 

destination, when such a shipment concerns a different country of transit. 

–  Shipments of spent fuel not considered as waste are now also subject to the procedures laid 

down in the Directive. 

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Article  1(3):  This  corresponds  to  the  contents  of  Article  13  of  Directive  92/3,  concerning 
disused sources but its wording has been simplified and adapted to the provisions of Directive 
2003/122.  This  exemption  now  covers  all  shipments  of  disused  sources  to  a  supplier, 
manufacturer or recognised installation (as described in Article 3(2)(a) of Directive 2003/122, 
as  a  part  of  the  safe  management  of  the  source  when  it  is  no  longer  used),  and  not  just  the 
cases  where  the  source  is  “returned  by  its  user  to  the  supplier  of  the  source  in  another 
country”, as under Directive 92/3. 

The  right  place  of  this  provision  seems  to  be  Article  1,  as  it  delimits  the  scope  of  the 
Directive. 

6.2. 

Reshipments related to processing and reprocessing operations (Article 2) 

The  provision  in  Article  14  of  Directive  92/3  has  now  been  moved  to  Article  2.  The  term 
“waste” has been replaced by “radioactive waste”. The words “exported” have been replaced 
by  “shipped”,  in  order  to  also  cover  those  reshipments  from  a  Member  State  to  another 
Member State.  

6.3. 

Definitions (Article 3) 

Definitions have been modified as follows: 

–  Definitions  of  “Radioactive  waste”,  “Spent  fuel”,  “Disposal”  and  “Storage”  have  been 
brought into line with the definitions in the Joint Convention on the Safety of Spent Fuel 
Management and on the Safety of Radioactive Waste Management. 

–  “Shipment” now covers both shipments of radioactive waste and shipments of spent fuel. 
This allows a single term to be used to refer to shipments of all these materials and makes 
it unnecessary to repeat the whole expression. 

–  More preciseness has been given to the following definitions: “Holder”, where the word 
“intends” has been replaced by “plans” (see comments on Article 4); new definitions are 
given  for  “Country  of  origin”  and  “country  of  destination”,  which  replace  the  existing 
“place of origin and place of destination”, and for “Country of transit”. 

–  The definition of “Sealed source” has been taken from Directive 96/29; those of “disused 

source” and “recognised installation” correspond to Directive 2003/122. 

6.4. 

Application for shipment authorisation (Article 4) 

In  Article  4 (1)  the  expression  “intends  to  carry  out  a  shipment”  is  replaced  by  a  less 
ambiguous wording (“has planned to carry out a shipment”). This new expression will avoid 
in  practice  difficulties  deriving  from  considerations  as  for  the  “intentional”  character  of  a 
shipment (see point 3.5 SLIM Report), while ensuring the timeliness of applications (so that 
they are not lodged too far in advance). 

Article 4 (2) corresponds to Article 5 (1) of Directive 92/3. 

6.5. 

Transmission of the application to the competent authorities (Article 5) 

Article  5 (1)  and  (2)  correspond  respectively  to  Article  4 (1),  paragraph  1,  second  sentence, 
and paragraph 3, of Directive 92/3. 

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6.6. 

Acceptance and refusal (Article 6) 

Contrary to the provision in Article 6 (4) of Directive 92/3, the automatic approval procedure 
is no longer optional, but shall apply to any shipment. A country of transit or of destination 
that does not give any reply as regards an intended shipment is deemed to have approved such 
shipment.  Now,  acknowledgement  of  receipt  is  requested  within  one  month,  and  the  period 
for notifying acceptance/refusal is extended to 4 months (3 months reply + 1 month extension 
on request). 

The provision in Article 6 (2) of Directive 92/3 has now been simplified. The reference to the 
compliance  with  international  agreements  when  imposing  conditions  is  not  appropriate, 
because it is redundant. A general reference to the ”relevant legislation applicable” is made in 
connection  to  the  reasoning  of  any  refusal  of  condition.  This  suffices  to  avoid  arbitrary 
decisions. 

Article 6 (4) corresponds to the provision of Article 16 of Directive 92/3, its wording having 
been  adapted  to  the  structure  of  the  present  proposal.  It  is  now  clear  that  the  approval 
procedure also applies to reshipments in cases where the initial shipment fails for the reasons 
detailed in Article 9 (see point 3.12 of the SLIM Report).  

6.7. 

Authorisation of shipments (Article 7) 

It is logical to address the stage of authorisation in a separate Article and after the provisions 
on acceptance. 

Article 7 (3) reflects the idea that was already implicit in Article 5 (1) of Directive 92/3. 

Article 7 (4) corresponds to Article 5 (2) of Directive 92/3. 

6.8. 

Acknowledgement of receipt of the shipment (Article 8) 

This provision corresponds to Article 9 of Directive 92/3. 

6.9. 

Shipment failure (Article 9) 

This provision corresponds to Article 15 of Directive 92/3. 

Article  9 (1)  has  been  added:  it  is  considered  appropriate  to  state  the  right  of  the  Member 
State of destination to abort a shipment, in the conditions laid down in the same provision. 

6.10. 

Special rules for imports into the Community (Article 10) 

The  wording  of  Article  10  of  Directive  92/3  has  been  clarified/simplified.  It  clearly  assigns 
responsibilities for different steps of the procedure laid down in the Directive, by identifying 
who  is  assuming  the  role  of  “holder”  (consignee  and  person  responsible  for  managing  the 
shipment, respectively) and of “country of origin” (Member State of destination and Member 
State  of  first  entry  into  the  Community).  According  to  the  redrafting,  paragraph  3  is  now 
redundant: the fact of identifying the “holder” for the purposes of this Article, implies that it 
is for him to initiate the authorisation procedure by informing the Member State considered as 
“country of origin” in this case.  

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6.11. 

Special rules for exports out of the Community (Article 11) 

This  Article  modifies  the  provision  in  Article  12  of  Directive  92/3  in  order  to  make  it 
consistent  with  the  provisions  of  Article  27  of  the  Joint  Convention  on  the  Safety  of  Spent 
Fuel  Management,  and  the  export  from  the  Community  to  a  third  country  will  in  future 
require notification and consent of the State of destination, instead of a mere information. 

6.12. 

Prohibited exports (Article 12) 

Article 12 (1) corresponds to Article 11 of Directive 92/3, which prohibits exports to specific 
countries (ACP Countries) or to other third countries that do not meet the conditions for safe 
waste management. It has been amended to take into account that the Fourth Lomé ACP-EEC 
Convention has now been replaced by the Partnership Agreement between the members of the 
African,  Caribbean  and  Pacific  Group  of  States  (ACP)  of  the  one  part,  and  the  European 
Community  and  its  Member  States,  of  the  other  part,  signed  in  Cotonou  on  23  June  2000,2 
which entered into force on 1 April 2003. The relevant commitment by the Community had 
been  included  in  Declaration  IX  to  the  Cotonou  Agreement  as  follows:  “The  Community 
ensures that Article 11 of Directive 92/3/Euratom will be revised to cover all Parties of this 
Agreement which are not members of the Community.” 

Article 12(2) reproduces the provision in Article 20, fourth indent, of Directive 92/3. 

6.13.  Use of a standard document (Article 13) 

Article 13(1) has been adapted from Article 20 of Directive 92/3. This provision lays down a 
general obligation for the use of the standard document, so that individual references to the 
use of the standard document in the relevant provisions of the Directives are now redundant. 
The  obligation  to  establish  the  new  standard  document  by  the  date  of  transposition  is  laid 
down  for  the  sake  of  clarity.  However,  should  this  deadline  not  be  met,  a  transitional 
provision in Article 19 (3) provides for the use of the existing standard document. 

Article 13(3) clarifies the use of languages, in order to avoid uncertainties. The need for clear 
rules on the use of languages is especially relevant in a Community of 25 Member States. 

This question will subsequently be addressed when establishing the new standard document 
using  the  advisory  committee  procedure  laid  down  in  Article  16,  possibly  by  including  the 
different  items/headings  in  all  EU  languages,  or  by  allowing  for  the  use  of  bilingual  or 
multilingual  official  versions  combining  the  language  of  the  country  of  origin  with  one  or 
more other EU languages, according to the needs.  

Article 13 (4) corresponds to Article 7, second paragraph, of Directive 92/3. 

Article  13 (5)  corresponds  to  the  provision  in  Article  8  of  Directive  92/3,  which  has  been 
adapted to the new structure of the Directive. 

6.14.  Competent authorities (Article 14) 

The provision in Article 14 corresponds to Article 17 of Directive 92/3, but the reference to 
the automatic approval procedure has been deleted as a consequence of Article 6 (4). 

2 

2000/483/EC, OJ L 317, 15.12.2000, p. 3. 

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6.15.  Regular reports (Article 15) 

Article 15 corresponds to Article 18 of Directive 92/3. A reference is made to the procedure to 
be followed (this Proposal does not contain any provision similar to Article 20 of Directive 
92/3, but integrates such a reference in Articles 3, 12, 13 and 15). 

6.16.  Advisory committee (Article 16) 

Article 16 corresponds to Article 19 of Directive 92/3. 

6.17.  Transposition (Article 17) 

When  transposing  this  Directive,  Member  should  pay  special  attention  to  those  aspects  that 
are new: 

–  Article  1  is  mentioned,  as  far  as  it  defines  the  extended  scope  of  the  Directive,  which  is 
now also applicable to shipments of spent fuel meant for reprocessing and shipments from 
one point to another of the same Member State but transiting through another country; and 
it makes reference to the quantities and concentration levels laid down in Directive 96/29. 

–  Article 2, extended provision on reshipments for processing and reprocessing purposes.  

–  Article 6, concerning the modified acceptance procedure. 

–  Article 9, paragraph 1, on shipment failure. 

–  Article 11, paragraph 1, concerning the exports out of the Community, which now requires 

the consent of the competent authorities of the country of destination. 

–  Article 12, including a new reference to the Cotonou ACP-EC Agreement. 

–  Article 13, on the use of the standard document, and in particular paragraph 3, on the use 

of languages. 

6.18. 

Final provisions (Articles 18, 20 and 21) 

Standard texts. 

After  Directive  92/3  has  been  repealed,  all  references  to  this  have  to  be  considered  as 
referring to the present Directive. A correlation table is annexed to the Directive.  

6.19.  Transitional provisions (Article 19) 

Although  the  transition  to  the  revised  procedure  should  not  present  major  difficulties  in 
practice,  for  reasons  of  legal  certainty  it  was  deemed  necessary  to  make  it  clear  that  the 
special requirements introduced by this Directive will not be applicable where the procedure 
of authorisation was initiated before the date of transposition, meaning in those cases where 
the application for authorisation had been duly submitted before that date. 

EN 

11 

   EN 

 
For those applications covering multiple shipments to a third country of destination submitted 
during the transitional period, Member States should, however, refuse to grant authorisation 
for  several  shipments  where  there  is  no  objective  reason  for  regrouping  them  in  a  single 
application and there is a suspicion that the operator is seeking to avoid the application of the 
relevant  provisions  of  this  Directive,  and  in  particular  the  need  to  obtain  the  consent  of  the 
third country of destination.  

The  existing  standard  document  should  be  used  as  long  as  the  new  one  has  not  been 
established.  If  necessary,  its  wording  should  be  adapted  in  practice  for  the  needs  of  this 
Directive (e.g. reference to spent fuel). 

EN 

12 

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2004/0249(CNS) 

Proposal for a 

COUNCIL DIRECTIVE 

on the supervision and control of shipments of radioactive waste and spent fuel 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Atomic  Energy  Community,  and  in 
particular Articles 31 (2) and 32 thereof, 

Having regard to the proposal from the Commission3 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, in accordance with Article 31 of the Treaty, and after 
having consulted the European Economic and Social Committee, 4 

Having regard to the opinion of the European Parliament5, 

Whereas: 

(1) 

(2) 

Operations  involved  in  shipments  of  radioactive  waste  or  spent  fuel  are  subject  to  a 
number  of  requirements  under  Community  and  international  legal  instruments 
regarding  in  particular  the  safe  transport  of  radioactive  material  and  the  conditions 
under which radioactive waste or spent fuel is disposed of or stored in the country of 
destination. 

Further to these requirements, the health protection of workers and the general public 
requires that shipments of radioactive waste between Member States and into and out 
of  the  Community  be  subject  to  a  compulsory  and  common  system  of  prior 
authorisation.  This  was  in  particular  highlighted  by  the  European  Parliament 
Resolution  of  6  July  1988  on  the  findings  of  the  Committee  of  Inquiry  into  the 
Handling  and  Transport  of  Nuclear  Materials6,  which  called  inter  alia  for 
comprehensive  Community  rules  to  make  transfrontier  movements  of  nuclear  waste 
subject  to  a  system  of  strict  controls  and  authorisations  from  their  point  of  origin  to 
their point of storage. 

(3) 

Council Directive 92/3/Euratom of 3 February 1992 on the supervision and control of 
shipments  of  radioactive  waste  between  Member  States  and  into  and  out  of  the 
Community.7  was  adopted  to  establish  a  system  of  strict  control  and  prior 

3 
4 
5 
6 
7 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C 235, 12. 9. 1988, p. 70. 
OJ L 35, 12.2.1992, p. 24. 

EN 

13 

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(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

authorisation  for  shipments  of  radioactive  waste  in  order  to  prevent  any  radiological 
risk arising from illicit traffic of such materials.  

This system of control and prior authorisation for shipments of radioactive waste has 
proved satisfactory. It needs, nevertheless, to be amended in the light of experience in 
order to clarify and add concepts and definitions, to address situations that had been 
omitted in the past, to simplify the existing procedure for the shipment of radioactive 
waste  between  Member  States  and  to  guarantee  consistency  with  other  Community 
and international provisions. 

In  the  framework  of  the  Fifth  Phase  of  the  SLIM  (Simpler  Legislation  for  Internal 
Market) initiative, a working group of representatives of Member States and of users 
was set up in order to address a number of concerns expressed by users of Directive 
92/3/Euratom,  while  bringing  it  into  line  with  current  international  rules  and 
instruments. 

The  procedure  laid  down  in  Directive  92/3  has  been  applied  in  practice  only  to 
shipments of spent fuel for which no use is intended, considered thus as “radioactive 
waste” for the purposes of the Directive. From a radiological point of view, excluding 
from  such  supervision  and  control  procedure  spent  fuel  where  it  is  intended  for 
reprocessing  is  not  justified.  It  is  therefore  appropriate  to  extend  the  scope  of  this 
Directive  to  all  shipments  of  spent  fuel,  whether  it  is  intended  for  disposal  or  for 
reprocessing.  

Shipments  from  and  to  the  same  country  of  origin  when  they  are  transiting  through 
another country were not included in the scope of Directive 92/3. This omission was 
not justified. 

The  adoption  of  Council  Directive  2003/122/Euratom  of  22  December  2003,  on  the 
control  of  high-activity  sealed  radioactive  sources  and  orphan  sources8,  makes  it 
necessary to adapt the wording of the provisions on reshipment of radioactive sealed 
sources.  

Simplification  of  the  existing  procedure  should  not  hamper  the  existing  rights  of  the 
Member States to object to or set conditions to a shipment of radioactive waste which 
require  their  approval.  Objections  should  be  founded  on  relevant  national  or 
international provisions that can be easily identified. 

(10)  The possibility for a Member State of destination or of transit to refuse the automatic 
procedure for approval of shipments imposes an unjustified administrative burden and 
generates uncertainty. The  mandatory acknowledgement of receipt of  the  application 
by  the  authorities  of  the  countries  of  destination  and  transit,  together  with  the 
extension  of  the  period  for  granting  approval,  should  allow  tacit  approval  to  be 
assumed with a high degree of certainty.  

(11)  To  protect  human  health  and  the  environment  against  the  dangers  arising  from 
radioactive waste, account must be taken of risks occurring outside the Community. In 

8 

OJ L 346 , 31.12.2003, p. 57. 

EN 

14 

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the case of radioactive waste leaving the Community, the third country of destination 
shall not only be informed of the shipment, but shall also give its consent on it. 

(12)  The  Partnership  Agreement  between  the  members  of  the  African,  Caribbean  and 
Pacific Group of States (ACP) of the one part, and the European Community and its 
Member  States,  of  the  other  part,  signed  in  Cotonou  on  23  June  2000,9  entered  into 
force on 1 April 2003. It contains specific provisions on exports of radioactive waste 
to Parties of this Agreement which are not members of the Community.  

(13)  The existing standard document needs to be adapted for the needs of the provisions of 
this  Directive  and  in  the  light  of  the  past  experience.  Clear  rules  on  the  use  of 
languages will allow for legal certainty and avoid unjustified delays.  

(14)  Periodical  reporting  from  Member  States  to  the  Commission  and  from  this  to  the 
European  Parliament,  to  the  Council  and  to  the  European  Economic  and  Social 
Committee provides a useful overview  of authorisations given Community wide  and 
identifies  possible  difficulties  encountered  in  practice  by  the  Member  States,  and 
solutions applied.  

(15) 

In the light of the foregoing, it is necessary, for reasons of clarity, to repeal and replace 
Directive  92/3/Euratom.This  Directive  must  not  prejudice  the  obligations  of  the 
Member  States  concerning  the  deadlines  for  transposition  into  national  law  and 
application of the repealed Directive, 

HAS ADOPTED THIS DIRECTIVE: 

Article 1 

Subject matter and scope 

1. 

This Directive shall provide adequate administrative arrangements so as to guarantee 
an  adequate  protection  of  the  population,  as  well  as  adequate  safeguards  of  fissile 
material, by establishing a uniform system of supervision and control of shipments of 
radioactive waste and spent fuel. 

2. 

This Directive shall apply to shipments of radioactive waste or spent fuel whenever : 

(a) 

(b) 

the country of origin, the country of destination or the country or countries of 
transit are within the territory of the Community, and 

the  quantities  and  concentration  of  the  consignment  exceed  the  levels  laid 
down  in  paragraph  2,  points  (a)  and  (b)  of  Article  3  of  Council  Directive 
96/29/Euratom10. 

9 
10 

2000/483/EC, OJ L 317, 15.12.2000, p. 3. 
OJ L 159 du 29.6.1996, p. 1. 

EN 

15 

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3. 

This  Directive  does  not  apply  to  shipments  of  disused  sources  to  a  supplier  or 
manufacturer  of  radioactive  sources  or  to  a  recognised  installation.  However,  this 
exemption shall not apply to sealed sources containing fissile material. 

Article 2 
Reshipments related to processing and reprocessing operations 

This Directive shall not affect the right of a Member State or an undertaking in the Member 
State to which radioactive waste is to be shipped for processing to return the radioactive waste 
after treatment to its country of origin. Nor shall it affect the right of a Member State or an 
undertaking  in  that  Member  State  to  which  irradiated  nuclear  fuel  is  to  be  shipped  for 
reprocessing  to  return  to  its  country  of  origin  radioactive  waste  and  other  products  of  the 
reprocessing operation. 

For the purpose of this Directive the following definitions shall apply: 

Article 3 
Definitions 

(1) 
‘radioactive waste’ means radioactive material in gaseous, liquid or solid form 
for which no further use is foreseen by the countries of origin and destination, or by a 
natural or legal person whose decision is accepted by these countries, and/or which is 
controlled  as  radioactive  waste  by  a  regulatory  body  under  the  legislative  and 
regulatory framework of the countries of origin, transit and destination; 

(2)  ‘spent  fuel’  means  nuclear  fuel  that  has  been  irradiated  in  and  permanently 
removed from a reactor core; 

(3) ‘shipment’ means the whole of operations involved in moving radioactive waste 
or spent fuel from the place of origin to the place of destination, including transport, 
loading and unloading for disposal or storage; 

(4)  ‘disposal’  means  the  emplacement  of  radioactive  waste  or  spent  fuel  in  an 
appropriate facility without the intention of retrieval; 

(5)  ‘storage’  means  the  holding  of  radioactive  waste  or  spent  fuel  in  a  facility  that 
provides for its containment, with the intention of retrieval; 

(6) ‘holder’ means any natural or legal person who, before carrying out a shipment of 
radioactive  waste  or  spent  fuel,  has  the  legal  responsibility  for  such  materials  and 
plans to carry out a shipment to a consignee; 

(7) ‘consignee’ means any natural or legal person to whom radioactive waste or spent 
fuel is shipped; 

(8)  ‘country  of  origin’  and  ‘country  of  destination’  respectively  cover  any  country 
from which a shipment is planned to be initiated or is initiated, and any country to 
which a shipment is planned or takes place; 

EN 

16 

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(9)  ‘country  of  transit’  means  any  country  other  than  the  country  of  origin  or  the 
country of destination, through which territory a shipment is planned or takes place; 

(10) ‘competent authorities’ means any authority which, under the law or regulations 
of  the  countries  of  origin,  transit  or  destination,  are  empowered  to  implement  the 
system  of  supervision  and  control  defined  in  this  Directive;  these  competent 
authorities shall be designated in accordance with Article 14; 

(11)  ‘sealed  source’  means  a  source  whose  structure  is  such  as  to  prevent,  under 
normal  conditions  of  use,  any  dispersion  of  the  radioactive  substances  into  the 
environment; 

(12) ‘disused source’ means a sealed source which is no longer used or intended to 
be used for the practice for which authorisation was granted; 

(13)  ‘recognised  installation’  means  a  facility  located  in  the  territory  of  a  State 
authorised by the competent authorities of that State in accordance with national law 
for  the  long-term  storage  or  disposal  of  sources  or  an  installation  duly  authorised 
under national law for the interim storage of sources. 

Article 4 
Application for shipment authorisation 

1. 

A holder who has planned to carry out a shipment of radioactive waste or spent fuel 
or  to  arrange  for  such  a  shipment  to  be  carried  out  shall  submit  an  application  for 
authorisation to the competent authorities of the country of origin. 

2. 

The application may be sent in respect of more than one shipment, provided that: 

(a) 

(b) 

the  radioactive  waste  or  the  spent  fuel  to  which  it  relates  essentially  has  the 
same physical, chemical and radioactive characteristics, and 

the shipments are to be made from the same holder to the same consignee and 
involve the same competent authorities, and 

(c)  where  shipments  involve  third  countries,  such  transit  is  via  the  same  frontier 
post of entry to and/or exit from the Community and via the same frontier post 
of  the  third  country  or  countries  concerned,  unless  otherwise  agreed  between 
the competent authorities concerned. 

Article 5 
Transmission of the application to the competent authorities 

1. 

2. 

The competent authorities of the country of origin shall send the applications referred 
to in Article 4 for approval to the competent authorities of the country of destination 
and of the country or countries of transit, if any. 

The sending of that document shall in no way affect the subsequent decision referred 
to in Article 7. 

EN 

17 

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Article 6 
Acceptance and refusal  

1. 

Not later than one month from the date of receipt of the duly completed application, 
the competent authorities of the country of destination and of any country of transit 
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  country  of  destination  and  of  any 
country  of  transit  shall  notify  the  competent  authorities  of  the  country  of  origin  of 
their acceptance or of the conditions which they consider necessary or of their refusal 
to grant approval. 

However, the competent authorities of the country of destination or of any country of 
transit  may  request  a  further  period  of  not  more  than  one  month  in  addition  to  the 
periods  referred  to  in  the  first  and  second  subparagraph  to  make  their  position 
known. 

If upon expiry of the periods referred to in paragraph 1 no reply has been received 
from  the  competent  authorities  of  the  country  of  destination  and/or  the  intended 
countries of transit, those countries shall be deemed to have given their approval for 
the shipment requested. 

Reasons shall be given for any refusal to grant approval, or for conditions attached to 
approval, which shall be based on the relevant legislation applicable. 

Any conditions required by the competent authorities of the Member States, whether 
they are the country of transit or of destination, may not be more stringent than those 
laid down for similar shipments within those States. 

2. 

3. 

4. 

The  Member  State  or  States  which  approved  transit  for  a  given  shipment  may  not 
refuse to approve reshipment in the following cases: 

(a)  When  the  initial  shipment  was  approved  for  treatment  or  reprocessing 
purposes,  if  the  reshipment  concerns  radioactive  waste  or  other  products 
equivalent  to  the  original  material  after  treatment  or  reprocessing,  and  all 
relevant legislation is respected. 

(b)  Under the circumstances described in Article 9, if the reshipment is undertaken 

on the same conditions and with the same specifications. 

Article 7 
Authorisation of shipments 

1. 

If  all  the  approvals  necessary  for  shipment  have  been  granted,  the  competent 
authorities of the Member State of origin shall be entitled to authorise the holder to 
carry out the shipment and shall inform the competent authorities of the country of 
destination and of the country or countries of transit, if any, accordingly. 

EN 

18 

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2. 

3. 

4. 

1. 

2. 

3. 

This  authorisation  shall  not  in  any  way  affect  the  responsibility  of  the  holder,  the 
transporter, the owner, the consignee or any other natural or legal person involved in 
the shipment. 

A single authorisation may cover more than one shipment, provided the conditions in 
Article 4, paragraph 2, are met.  

Any authorisation shall be valid for a period of not more than three years. 

Article 8 
Acknowledgement of receipt of the shipment 

Within 15 days of receipt, the consignee shall send the competent authorities of its 
Member State an acknowledgement of receipt of the shipment. 

The  competent  authorities  of  the  country  of  destination  shall  send  copies  of  the 
acknowledgement to the other countries involved in the operation. 

The  competent  authorities  of  the  country  of  origin  shall  send  a  copy  of  the 
acknowledgement to the original holder. 

Article 9 
Shipment failure 

1. 

The Member State of destination may decide that the shipment may not be completed 
in any of the following circumstances: 

(a)  where  the  conditions  for  shipment  are  not  complied  with  in  accordance  with 

the provisions of this Directive, or 

(b)  where  the  properties  of  the  radioactive  waste  or  spent  fuel  do  not  match  the 

technical specifications under which the shipment was approved, or 

(c)  where  the  properties  of  the  radioactive  waste  or  spent  fuel  do  not  match  the 

criteria under which no approval was required. 

Where  a  shipment  cannot  be  completed  or  if  the  conditions  for  shipment  are  not 
complied  with  in  accordance  with  the  provisions  of  this  Directive,  the  competent 
authorities of the Member State of dispatch shall ensure that the radioactive waste or 
the spent fuel in question is taken back by the holder of that radioactive waste. 

In the case of shipments from a third country to a destination within the Community, 
the  competent  authorities  of  the  Member  State  of  destination  shall  ensure  that  the 
consignee  negotiates  a  clause  with  the  holder  established  in  the  third  country 
obliging  that  holder  to  take  back  the  radioactive  waste  or  the  spent  fuel  where  a 
shipment cannot be completed. 

2. 

3. 

EN 

19 

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1. 

2. 

1. 

2. 

3. 

4. 

Article 10 
Special rules for imports into the Community 

Where radioactive waste or spent fuel falling within the scope of this Directive is to 
enter  the  Community  from  a  third  country  and  the  country  of  destination  is  a 
Member  State,  the  consignee  shall  submit  an  application  for  authorisation  to  the 
competent  authorities  of  that  Member  State.  The  consignee  shall  act  as  the  holder 
and the competent authorities of the country of destination shall act as if they were 
the competent authorities of the country of origin. 

Where radioactive waste or spent fuel falling within the scope of this Directive is to 
enter  the  Community  from  a  third  country  and  the  country  of  destination  is  not  a 
Member State, then the Member State in whose territory the radioactive waste or the 
spent fuel is first to enter the Community shall be deemed to be the country of origin 
for  the  purposes  of  that  shipment.  The  person  who  has  the  responsibility  for 
managing the shipment within that Member State shall act as the holder. 

Article 11 
Special rules for exports out of the Community 

Where  radioactive  waste  or  spent  fuel  is  to  be  exported  from  the  Community  to  a 
third country, the competent authorities of the Member State of origin shall notify the 
authorities  of  the  country  of  destination  and  ask  their  consent,  prior  to  such  a 
shipment. 

If  all  the  conditions  for  shipment  are  fulfilled,  the  competent  authorities  of  the 
Member State of origin shall authorise the holder to carry out the shipment and shall 
inform the authorities of the country of destination about this shipment. 

This  authorisation  shall  not  in  any  way  affect  the  responsibility  of  the  holder,  the 
transporter, the owner, the consignee or any other natural or legal person involved in 
the shipment. 

The  holder  shall  notify  the  competent  authorities  of  the  country  of  origin  that  the 
radioactive  waste  or  the  spent  fuel  has  reached  its  destination  in  the  third  country 
within two weeks of the date of arrival and shall indicate the last customs post in the 
Community through which the shipment passed. 

This  notification  shall  be  substantiated  by  a  declaration  or  certification  of  the 
consignee stating that the radioactive waste or the spent fuel has reached its proper 
destination and indicating the customs post of entry in the third country. 

Article 12 
Prohibited exports 

1. 

The competent authorities of Member States shall not authorise shipments: 

(a) 

to a destination south of latitude 60° south, or 

EN 

20 

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(b) 

(c) 

to a State party to the Cotonou ACP-EC Agreement which is not amember of 
the Community, taking account, however, of Article 2, or 

to a third country which does not, in the opinion of the competent authorities of 
the country of origin, in accordance with the criteria referred to in paragraph 2, 
have the technical, legal or administrative resources to manage the radioactive 
waste safely. 

2. 

Criteria  enabling  Member  States  to  evaluate  whether  requirements  for  exports  are 
met shall be established according to the procedure laid down in Article 16. 

Article 13 
Use of a standard document 

1. 

2. 

3. 

4. 

5. 

6. 

A  standard  document  shall  be  used  for  all  shipment  operations  within  the  scope  of 
this Directive.  

The  standard  document  shall  be  established  following  the  procedure  laid  down  in 
Article 16 and shall be published in the Official Journal of the European Union not 
later  than  (same  date  as  Article  17(1)-transposition  date).  If  necessary,  it  shall  be 
updated following the same procedure. 

The application for authorisation shall be completed and any further documentation 
and  information  referred  to  in  Article  7  shall  be  supplied  in  a  language  that  is 
acceptable to the competent authority of the country of origin. 

An  authenticated  translation  shall  be  supplied  by  the  holder  at  the  request  of  the 
competent authorities of the country of destination in a language acceptable to them. 

Any  additional  requirements  for  authorising  a  shipment  shall  be  attached  to  the 
standard document. 

Without  prejudice  to  any  other  accompanying  documents  required  under  other 
relevant  legal  provisions,  the  completed  standard  document  certifying  that  the 
authorisation procedure has been duly complied with shall accompany each shipment 
falling  under  the  scope  of  this  Directive,  including  in  cases  where  the  approval 
relates to more than one shipment in a single document. 

Where  shipments  are  made  by  rail,  these  documents  shall  be  available  to  the 
competent authorities of all the countries concerned. 

Article 14 
Competent authorities 

Member States shall forward to the Commission not later than (same  date as Article  17(1)) 
the name(s) and the address(es) of the competent authorities and all necessary information for 
rapidly communicating with such authorities. 

Member States shall regularly forward to the Commission any changes to such data. 

EN 

21 

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The  Commission  shall  communicate  this  information,  and  any  changes  thereto,  to  all  the 
competent authorities in the Community. 

Article 15 
Regular reports 

By  1st  April  2007  and  every  two  years  afterwards,  Member  States  shall  forward  to  the 
Commission reports on the implementation of this Directive. 

They shall supplement these reports by information on the situation with regard to shipments 
within their respective territories. 

On  the  basis  of  these  reports,  the  Commission  shall,  in  accordance  with  the  procedure  laid 
down in Article 16, establish a summary report for the European Parliament, the Council and 
the European Economic and Social Committee.  

Article 16 
Advisory committee 

In performing the tasks laid down in Articles 12, 13 and 15 the Commission shall be assisted 
by a Committee of an advisory nature composed of representatives of the Member States and 
chaired by the representative of the Commission. 

The representative of the Commission shall submit to the Committee a draft of the measures 
to be taken. 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. Each Member State shall have the right to ask to 
have its position recorded in the minutes. 

The Commission shall take 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. 

Article 17 
Transposition 

1. 

2. 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions necessary to comply with this Directive before (one year after the date of 
adoption).  

Where  these  measures  are  adopted  by  the  Member  States,  they  shall  contain  a 
reference to this Directive or shall be accompanied by such reference on the occasion 
of their official publication. Member States shall determine how such reference is to 
be made. 

Member States shall communicate to the Commission the text of the main provisions 
of national law which they adopt in the field covered by this Directive, together with 
a  table  showing  how  the  provisions  of  this  Directive  correspond  to  the  national 
provisions adopted. 

EN 

22 

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Article 18 
Repeal 

Directive  92/3/Euratom  is  hereby  repealed  with  effect  from  (same  date  as  the  date  set  in 
Article 17(1)), without prejudice to the obligations of the Member States relating to the time 
limit for transposition into national law and application of that Directive. 

References  to  the  repealed  Directive  shall  be  construed  as  references  to  this  Directive  and 
shall be read in accordance with the correlation table in the Annex. 

Article 19 
Transitional provisions 

1. 

2. 

3. 

Where  the  application  for  authorisation  has  been  duly  submitted  to  the  competent 
authorities  of  the  country  of  origin  before  (same  date  as  Article  17(1))  Directive 
92/3/Euratom  will  be  applicable  to  all  shipment  operations  covered  by  the  same 
authorisation. 

When  deciding  on  applications  for  authorisation  submitted  before  (same  date  as 
Article 17(1)), for more than one shipment of radioactive waste to a third country of 
destination,  the  Member  State  of  origin  shall  take  account  of  all  relevant 
circumstances, and in particular: 

(a) 

to  the  planned  time  schedule  for  carrying  out  all  shipments  covered  by  the 
same application; 

(b) 

to the justification for including all shipments in the same application; 

(c) 

to  the  timeliness  of  granting  authorisation  for  a  number  of  shipments  lower 
than this covered by the application.  

If  the  standard  document  provided  for  in  Article  13  of  this  Directive  has  not  been 
published  by  (same  date  as  Article  17(1)),  the  standard  document  established  by 
Commission  Decision  93/552/Euratom11  shall  be  used  mutatis  mutandis  for  the 
purposes of this Directive. 

Article 20 
Entry into force 

This Directive shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

11 

OJ L 268 , 29.10.1993, p. 83. 

EN 

23 

   EN 

 
                                                 
Article 21 

This Directive is addressed to the Member States. 

Done at Brussels, […] 

For the Council 
The President 

EN 

24 

   EN 

 
 
 
ANNEX  

Correlation Table 

Directive 92/3/Euratom 

This Directive 

Nature of modification12 

Article 1 (1) 

Article 2 

Article 3 

Article 1(1) 

Article 1 (2) 

Article 3 

First recital 

Article 4 (1) first sentence 

Article 4 (1) 

Article 4 (1) second sentence  Article 5 (1) 

Article 4 (2) 

Article 4 (3) 

Article 5 (1) 

Article 5 (2) 

Article 6 (1) first 
subparagraph 

Article 6 (1) second 
subparagraph 

Article 6 (2) first 
subparagraph 

Article 6 (2) second 
subparagraph 

Article 6 (3) 

Article 6 (4) 

Article 7 (1) 

Article 13 (1) 

Article 5 (2) 

Article 4 (2) 

Article 7 (4) 

Article 6 (1) second 
paragraph 

Article 6 (3) second 
subparagraph 

Article 6 (3) first 
subparagraph 

Article 6 (1) third 
subparagraph 

Article 6 (2) 

Article 7 (1) 

Article 7 (2), first sentence 

Article 13 (1) 

New provision 

Amended 

Adapted 

Adapted 

Adapted 

Adapted 

Adapted 

Adapted 

Adapted 

Amended 

Amended 

Amended 

Adapted 

Amended 

Adapted 

Adapted 

Article 13 (1) 

Adapted 

12 

"Adapted" indicates that the wording has been reformulated without changing the scope of the text of 
the repealed Directive. Changes to the scope of the provisions of the repealed Directive are denoted by 
the word "Amended". 

EN 

25 

   EN 

 
 
 
                                                 
Article 7 (2), second sentence  Article 13 (4) 

Adapted 

Article 7 (3) 

Article 8 (1) 

Article 8 (2) 

Article 9 (1), first part of the 
sentence 

Article 9 (1), end part of the 
sentence 

Article 9 (2) 

Article 10 (1) 

Article 10 (1), end of the first 
sentence 

Article 10 (2) 

Article 10 (3) reference to 
paragraph 1 

Article 10 (3) reference to 
paragraph 2 

Article 7 (2) 

Article 13 (5) 

Article 13 (6) 

Article 8 (1) 

Adapted 

Adapted 

Article 13 (1) 

Adapted 

Article 8 (2) 

Article 10 (1) 

Article 13 (1) 

Article 10 (2) 

Article 10 (1) 

Adapted 

Adapted 

Adapted 

Adapted 

Article 10 (2) 

Adapted 

Article 11 

Article 12 (1) 

Article 12 (2) 

Article 12 (3) 

Article 12 (4) 

Article 12 (5) 

Article 12 (6) 

Article 13 (1) 

Article 13 (2) 

Article 14 

Article 12 (1) 

Article 11 (1) 

Article 11(2) 

Article 11(3) 

Article 13(1) 

Article 11 (4) 

Article 11 (5) 

Adapted 

Amended 

Adapted 

Adapted 

Adapted 

Adapted 

Article 1 (3) first sentence 

Amended 

Article 1 (3) second sentence 

Article 2 

Article 9 (1) 

Amended 

New provision 

EN 

26 

   EN 

 
 
 
 
 
 
 
Article 15 (1) 

Article 15 (2) 

Article 9 (2) 

Article 9 (3) 

Article 16, first indent 

Article 6 (4) (a) 

Article 16, second indent 

Article 6 (4) (b) 

Article 17 (1) 

Article 17 (2) 

Article 17 (3) 

Article 18 (1) 

Article 18 (2) 

Article 18 (3) 

Article 19 (1) 

Article 19 (2) 

Article 19 (3) 

Article 19 (4) 

Article 14 (1) 

Article 14 (2) 

Article 14 (3) 

Article 15 (1) 

Article 15 (2) 

Article 15 (3) first sentence 

Article 16 (1) 

Article 16 (2) 

Article 16 (3) 

Article 16 (4) 

Article 20, first indent 

Article 13 (2) 

Article 20, second indent 

Article 13 (2) 

Article 20, third indent 

Article 13 (2) 

Article 20, fourth indent 

Article 12 (2) 

Article 20, fifth indent 

Article 15 (3) 

Article 21 

Article 22 

Article 17 

Article 21 

Article 13(3) 

Article 18 

Article 19 

Article 20 

Adapted 

Adapted 

Adapted 

Adapted 

Adapted 

Adapted 

Adapted 

Adapted 

Adapted 

Adapted 

Adapted 

Adapted 

Adapted 

New provision 

New provision 

New provision 

New provision 

EN 

27 

   EN