European Parliament legislative resolution on the proposal for a Council directive on the supervision and control of shipments of radioactive waste and nuclear spent fuel (COM(2005)0673 - C6-0031/2006 - 2005/0272(CNS))
Date: 2006-07-05
Institutions: Committee on Industry, Research and Energy, European Parliament
Subjects: export monitoring, export of waste, irradiated fuel, radioactive waste, transport of dangerous goods, waste management

C 303 E/634

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Official Journal of the European Union

13.12.2006

Wednesday, 5 July 2006

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
substantially;

to consult Parliament again if

it

intends to amend the Commission proposal

5.

Instructs its President to forward its position to the Council and Commission.

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
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 own
policy on the management of the nuclear waste and spent fuel
that are under its jurisdiction; the provisions of this Directive
should 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 waste
for
in the case of
final
reshipment.

treatment or disposal, except

(6)
Each Member State remains responsible for the choice of
its own policy on the management of the nuclear waste and
spent fuel that are under its jurisdiction, some considering
spent fuel as a usable resource that can be reprocessed, others
electing 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.

(1) Not yet published in OJ.

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Official Journal of the European Union

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TEXT PROPOSED
BY THE COMMISSION

Wednesday, 5 July 2006

AMENDMENTS
BY PARLIAMENT

Amendment 3

Recital 8

Simplification of

(8)
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 not be arbitrary and
should be founded on relevant national or international provi-
sions that can be easily identified. Relevant legislation is not
limited to sectoral transport legislation. This Directive should
be without prejudice to the rights and obligations of Member
States under international law, and in particular to the exercise,
by ships and aircraft of maritime, river and air navigation
rights and freedoms, as provided for in international law.

Simplification of

(8)
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 consent. Objections should not be arbitrary and
should be founded on relevant national, Community or inter-
national provisions as set out in this Directive. Relevant legis-
legislation. This
lation is not
Directive should be without prejudice to the rights and obliga-
tions of Member States under international law, and in particu-
lar to the exercise, by ships and aircraft of maritime, river and
air navigation rights and freedoms, as provided for in interna-
tional law.

limited to sectoral

transport

Amendment 4

Recital 8 a (new)

Each Member State remains fully responsible for the
(8a)
management of radioactive waste and spent fuel under its
jurisdiction; nothing in this Directive should imply that a
Member State of destination must accept shipments of radio-
active waste and spent fuel for final treatment or disposal
except where the waste or fuel is for reshipment. Any refusal
of such shipments should be justified on the basis of the
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 passage
enshrined in the United Nations Convention on the Law of
the Sea (UNCLOS).

Amendment 6

Article 3, point 1

(1)

in gaseous,
‘radioactive waste’ means radioactive material
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 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)

in gaseous,
‘radioactive waste’ means radioactive material
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 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;

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Official Journal of the European Union

13.12.2006

Wednesday, 5 July 2006

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
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 be
reprocessed or be destined for final disposal with no
further 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
the
the application by the competent authorities of
of
Member 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 compli-
ance with the provisions of Article 14; or

(a), request

(b) where the application is not duly completed as set out in
point
the missing information from the
competent authorities of the Member State of origin and
inform the competent authorities of the Member State of
destination and other Member States of transit, if any, of
such request. A copy of that request shall be transmitted
to the holder. The sending of such a request shall have
the effect of suspending the time-limit for issuing an
acknowledgement of receipt. The missing information
shall be sent by the competent authorities of the Member
State of origin to the competent authorities of
the
Member States concerned without undue delay. Not later
than seven calendar days after the date of receipt of the
missing information, the competent authorities of the
Member State of destination or transit by which it had
been requested shall send an acknowledgement of receipt
of the duly completed application to the competent autho-
rities of the Member State of origin.

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TEXT PROPOSED
BY THE COMMISSION

Wednesday, 5 July 2006

AMENDMENTS
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 authorities
of 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
transit shall notify the competent authorities of the country of
origin of
the conditions which they
consider necessary or of their refusal to grant consent.

their consent or of

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

1.
Not later than two months from the date of the acknowl-
edgement of receipt the competent authorities of the Member
State of destination and of any Member State of transit shall
the Member State of
notify the competent authorities of
origin of
the conditions which they
consider necessary for granting consent or of their refusal to
grant consent.

their consent or of

However, the competent authorities of the Member State of
destination or of any Member State of transit may request a
further period of not more than one month in addition to the
period 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 State
of 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 from
those countries.

2.
If upon expiry of the periods referred to in the first or
second subparagraph of paragraph 1 no reply has been
received from the competent authorities of the Member State
of destination 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 spent
fuel and 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 spent
fuel or on 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.

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Official Journal of the European Union

13.12.2006

Wednesday, 5 July 2006

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
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 of
the Member State of origin shall ensure that the radioactive
waste or the spent fuel in question is taken back by the holder,
unless an alternative safe arrangement can be made. They shall
ensure that
takes
corrective safety measures where necessary.

the person responsible for the shipment

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 of
the Member State of origin shall ensure that the radioactive
waste 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 the
person responsible for the shipment takes corrective safety
measures where necessary.

Amendment 15

Article 9, paragraph 3

The holder shall be liable for costs arising in cases where

3.
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 contractual
arrangement between the holder and any other person
involved 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 if
the conditions for shipment are no longer 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 State shall forthwith inform the
competent 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 if
the conditions for shipment are no longer 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 State shall forthwith inform the
competent 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 be primarily liable for costs arising, unless otherwise
provided for either in any applicable legislation or in any
contractual arrangement between the consignee and any
other person involved in the shipment.

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Official Journal of the European Union

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TEXT PROPOSED
BY THE COMMISSION

Wednesday, 5 July 2006

AMENDMENTS
BY PARLIAMENT

Amendment 18

Article 11, paragraph 5

A Member State of transit may decide that the shipment
5.
may not be completed if the conditions for shipment are no
longer 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 State
shall
the
forthwith inform the competent authorities of
country of origin of
this decision. The responsible person
referred to in paragraph 1 shall be liable for costs arising in
cases where the shipment cannot or may not be completed.

A Member State of transit may decide that the shipment
5.
may not be completed if the conditions for shipment are no
longer 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 State
shall
the
forthwith inform the competent authorities of
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 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
between that person and any other person involved in the
shipment.

Amendment 19

Article 12, paragraph 5

5.
The Member State of origin or any Member State of
transit may decide that the shipment may not be completed if
the conditions for shipment are no longer 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 State of transit shall forthwith
inform the competent authorities of
the Member State of
origin of this decision. Article 9, paragraph 2, applies. The
holder will be liable for costs arising in cases where the ship-
ment cannot or may not be completed.

5.
The Member State of origin or any Member State of
transit may decide that the shipment may not be completed if
the conditions for shipment are no longer 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 State of transit shall forthwith
inform the competent authorities of
the Member State of
origin 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
be primarily 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
involved in the shipment.

Amendment 20

Article 16, paragraph 1

1. Member States shall promote agreements in order to
facilitate 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 facilities
would not be justified from the radiological point of view.

1. Member States shall promote agreements in order to
facilitate 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 facilities
would not be justified from the radiological, economic, envir-
onmental and safety points of view. Such agreements shall be
concluded subject to the condition that each Member State
retains the right to refuse entry into its territory of spent
fuel or radioactive waste for final processing or disposal,
with the exception of reshipments.