Council Directive 2006/117/Euratom of 20 November 2006 on the supervision and control of shipments of radioactive waste and spent fuel
Date: 2006-11-20
Institutions: Council of the European Union
Subjects: cross-border transport, health risk, irradiated fuel, nuclear safety, radioactive waste, transport of dangerous goods

5.12.2006

EN

Official Journal of the European Union

L 337/21

COUNCIL DIRECTIVE 2006/117/EURATOM

of 20 November 2006

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

THE COUNCIL OF THE EUROPEAN UNION,

(4)

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 Commission 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 (1),

Having regard to the opinion of the European Parliament (2),

(5)

Whereas:

(1)

(2)

(3)

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 or spent fuel between Member States
and into and out of the Community be subject to a
compulsory and common system of prior authorisation.

(6)

(7)

As stated in Council Resolution of 22 May 2002 on the
establishment of national systems for surveillance and
control of the presence of radioactive materials in the
recycling of metallic materials in the Member States (3),
it is important to minimise the radiological risk deriving
from the presence of
among
metallic materials destined for recycling.

radioactive materials

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 (4) established a Community system of strict
control and prior authorisation for shipments of radio-
active waste that has proved satisfactory. It needs, never-
theless, 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
to guarantee
consistency with other Community and international
provisions, and in particular with the Joint Convention
on the Safety of Spent Fuel Management and on the
Safety of Radioactive Waste Management
(hereinafter
referred
to which the
Community acceded on 2 January 2006.

Joint Convention),

to as

States

and

In the framework of the Fifth Phase of the SLIM (Simpler
Legislation for the 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
rules
and instruments.

into line with current

international

for the purposes of

The procedure laid down in Directive 92/3/Euratom has
been applied in practice only to shipments of spent fuel
for which no further use is intended, considered thus as
‘radioactive waste’
that Directive.
From a radiological point of view, excluding the appli-
cation of such supervision and control procedure to
spent fuel where it is intended for reprocessing is not
It is therefore appropriate that this Directive
justified.
cover
is
intended for disposal or for reprocessing.

fuel, whether

shipments of

spent

all

it

Each Member State should remain fully responsible for
the choice of its own policy on the management of the
nuclear waste and spent fuel within its jurisdiction, some
choosing reprocessing of spent
fuel, others aiming at
final disposal of spent fuel with no other use foreseen.
This Directive should therefore be without prejudice to
the right of Member States to export their spent fuel for
reprocessing and nothing in this Directive should imply
that a Member State of destination has
to accept
shipments of radioactive waste and spent fuel for final
treatment or disposal except in the case of reshipment.
Any refusal of such shipments should be justified on the
basis of the criteria set out in this Directive.

(1) OJ C 286, 17.11.2005, p. 34.
(2) Opinion delivered on 5 July 2006 (not yet published in the Official

Journal).

(3) OJ C 119, 22.5.2002, p. 7.

(4) OJ L 35, 12.2.1992, p. 24.

L 337/22

EN

Official Journal of the European Union

5.12.2006

(8)

(9)

(10)

(11)

(12)

(13)

(14)

to, or

impose conditions

radioactive waste which require

the existing procedure should not
Simplification of
the Member States to
hamper the existing rights of
in relation to, a
object
shipment of
their
consent. Objections should not be arbitrary and should
be founded on relevant national, Community or interna-
tional law. This Directive should be without prejudice to
rights and obligations 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 under international law.

burden

The possibility for a Member State of destination or of
transit to refuse the automatic procedure for granting
consent to shipments imposes an unjustified adminis-
trative
The
the appli-
mandatory acknowledgement of receipt of
cation by the authorities of the countries of destination
and transit, together with the extension of the period for
granting consent, should allow tacit approval
to be
assumed with a high degree of certainty.

uncertainty.

generates

and

The ‘authorisations’ for shipments in the sense of this
any specific national
replace
Directive
requirements
transport
shipments
licences.

should not
the
for

such as

taken of

To protect human health and the environment against
the dangers arising from radioactive waste, account
should be
the
Community. In the case of radioactive waste and spent
fuel leaving the Community, the third country of desti-
nation should not only be informed of the shipment, but
should also give its consent to it.

risks occurring outside

The competent authorities of the Member State of desti-
nation should cooperate and liaise with the other
competent authorities involved in order to avoid undue
delays and to ensure a smooth operation of the consent
procedure laid down by this Directive.

that
corrective

The requirement
shipment
take
necessary in case of
prevent
the Member States at national level.

the person responsible for the
safety measures where
should not
the application of mechanisms established by

shipment

failure

(15) While radioactive waste should, as far as is compatible
with the safe management of such material, be disposed
of in the State in which it was generated it is recognized
that Member States should promote agreements between
themselves in order to facilitate the safe and efficient
management of radioactive waste or spent
from
Member States that produced it in small quantities and
where the establishment of appropriate facilities would
not be justified from a radiological point of view.

fuel

(16) When an arrangement between a consignee in a third
in a third country has been
country and a holder
concluded pursuant
Joint
Convention, the same arrangement could be used for
the purpose of this Directive.

to Article 27 of

the

(17)

(18)

(19)

For the purposes of this Directive and in the light of past
experience it is appropriate to adapt the existing standard
document. For the sake of clarity the obligation to
establish the new standard document by the date of
transposition of
this Directive should be laid down.
However, should this deadline not be met, transitional
provisions should provide for the use of the existing
standard document. Moreover, clear rules on the use of
languages should allow for legal certainty and prevent
unjustified delays.

from Member

reporting
and

States
from the Commission
to the Council
and Social Committee

to the
Periodical
to
the
Commission
and to the
European Parliament,
should
European Economic
provide
authorisations given
Community-wide and should identify possible difficulties
encountered in practice by the Member States and
solutions applied.

a useful overview of

Council Directive 96/29/Euratom of 13 May 1996 laying
down basic safety standards for the protection of the
the
health of workers and the general public against
inter
dangers arising from ionising radiation (1), applies,
alia, to the transport,
import to and export from the
Community of radioactive substances and provides for
reporting and authorisation system of practices
a
involving
are
therefore relevant to the field covered by this Directive.

radiation. Those provisions

ionising

failure should not prevent

The requirement that the holder be liable for costs arising
that
in case of shipment
mechanisms
at
national
level or any contractual arrangement between
the holder and any other person involved in the
shipment, apply.

the Member States

established by

(20)

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

the

(1) OJ L 159, 29.6.1996, p. 1.

5.12.2006

EN

Official Journal of the European Union

L 337/23

(21)

In accordance with paragraph 34 of the interinstitutional
agreement on better law making (1) Member States are
encouraged to draw up, for themselves and in the interest
of the Community, their own tables which will, as far as
possible, illustrate the correlation between this Directive
and the transposition measures and to make them public,

HAS ADOPTED THIS DIRECTIVE:

CHAPTER 1

PRELIMINARY PROVISIONS

Article 1

Subject matter and scope

This Directive lays down a Community system of super-
1.
vision and control of transboundary shipments of radioactive
waste and spent fuel, so as to guarantee an adequate protection
of the population.

(b) other material is to be shipped with the purpose to recover

the radioactive waste,

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 spent fuel is to be
shipped for reprocessing to return to its country of origin radio-
active waste recovered from the reprocessing operation.

Article 3

Transboundary shipments of spent fuel for reprocessing

Without prejudice to the competence of each Member State to
define its own spent fuel cycle policy, this Directive shall not
affect the right of a Member State to export spent fuel for
reprocessing, taking into account the principles of the nuclear
common market,
in particular the free movement of goods.
Those shipments and exports shall be supervised and controlled
in accordance with the procedures laid down in this Directive.

This Directive shall apply to transboundary shipments of

2.
radioactive waste or spent fuel whenever:

Article 4

(a)

the country of origin or the country of destination or any
country of transit is a Member State of the Community; and

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

This Directive shall not apply to shipments of disused
3.
sources to a supplier or manufacturer of radioactive sources
or to a recognised installation.

This Directive shall not apply to shipments of radioactive

4.
materials recovered, through reprocessing, for further use.

5.
This Directive shall not apply to transboundary shipments
of waste that contains only naturally occurring radioactive
material which does not arise from practices.

This Directive is without prejudice to rights and obli-

6.
gations under international law.

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:

(a) radioactive waste is to be shipped for processing; or

(1) OJ C 321, 31.12.2003, p. 1.

Reshipment related to non-authorised shipments and
undeclared radioactive waste

This Directive shall not affect the right of a Member State to
safely return to its country of origin:

(a) shipments of radioactive waste and spent fuel which fall
under the scope of this Directive but which were not duly
authorised in accordance with this directive; and

(b) radioactively contaminated waste or material containing a
radioactive source where this material has not been declared
as radioactive waste by the country of origin.

Article 5

Definitions

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

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 which is controlled as radioactive waste by
a regulatory body under
the legislative and regulatory
framework of the countries of origin and destination;

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 usable resource that can be
reprocessed or be destined for final disposal with no further
use foreseen and treated as radioactive waste;

L 337/24

EN

Official Journal of the European Union

5.12.2006

3.

‘reprocessing’ means a process or operation, the purpose of
which is to extract radioactive isotopes from spent fuel for
further use;

14.

‘sealed source’ has the meaning given to it by Directive
96/29/Euratom and includes the capsule, where applicable,
enclosing the radioactive material as an integral part of the
source;

4.

‘shipment’ means the whole of operations involved in
moving radioactive waste or spent fuel from the country
or the Member State of origin to the country or the
Member State of destination;

5.

‘intra-community shipment’ means a shipment carried out
where the country of origin and the country of destination
are Member States;

6.

‘extra-community shipment’ means a shipment carried out
where the country of origin and/or the country of desti-
nation are third countries;

15.

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

16.

‘recognised installation’ means a facility located in the
territory of a country authorised by the competent autho-
rities of that country in accordance with national law for
the long-term storage or disposal of sealed sources or an
installation duly authorised under national
law for the
interim storage of sealed sources;

7.

‘disposal’ means the emplacement of radioactive waste or
spent fuel in an authorised facility without the intention of
retrieval;

17.

‘duly completed application’ means the standard document
that complies with all the requirements, as established in
accordance with Article 17.

8.

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

9.

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

is responsible under the applicable national

10.

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

11.

‘country or Member State of origin’ and ‘country or
Member State of destination’
respectively means any
country or Member State from which a shipment
is
planned to be initiated or is initiated, and any country or
Member State to which a shipment is planned or takes
place;

12.

‘country or Member State of transit’ means any country or
Member State other than the country or the Member State
of origin or the country or the Member State of desti-
nation,
is
planned or takes place;

through the territory of which a shipment

13.

‘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 of shipments of radioactive waste
or spent fuel;

CHAPTER 2

INTRA-COMMUNITY SHIPMENTS

Article 6

Application for shipment authorisation

1.
A holder who plans to carry out an intra-Community
shipment of radioactive waste or spent fuel or to arrange for
submit a duly
such a shipment
completed application for authorisation to the competent
authorities of the Member State of origin.

to be carried out

shall

The application may be sent in respect of more than one

2.
shipment, provided that:

(a)

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

(b) 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 transit

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

country or

third

the

5.12.2006

EN

Official Journal of the European Union

L 337/25

Article 7

Transmission of the application to the competent
authorities

The competent authorities of the Member State of origin
1.
shall send the duly completed application referred to in Arti-
cle 6 for consent to the competent authorities of the Member
State of destination and of the Member States of transit, if any.

2.
The competent authorities of the Member States involved
shall take the necessary measures to ensure that all information
regarding shipments covered by this Directive is handled with
due care and protected against any misuse.

Article 8

Acknowledgement of receipt and request for information

1. Within 20 days following the receipt of the application,
the competent authorities of the Member State of destination
and transit shall verify that the application is duly completed,
within the meaning of Article 5(17).

2.
In case the application is duly completed, the competent
authorities of the Member State of destination shall send an
acknowledgement of receipt to the competent authorities of
the Member State of origin and copy it
to the other
competent authorities concerned, not later than 10 days after
expiry of the 20 days period set out in paragraph 1.

If any of the competent authorities of the Member States
3.
concerned consider that the application is not duly completed,
they shall request the missing information from the competent
authorities of the Member State of origin and inform the other
competent authorities of such request. This request shall be
in
made not
paragraph 1.

later than the expiry of

the period set out

The competent authorities of the Member State of origin shall
transmit the requested information to the competent authorities
concerned.

Not later than 10 days after the date of receipt of the missing
information and not earlier than after expiry of the 20 days
period set out in paragraph 1, the competent authorities of the
Member State of destination shall send an acknowledgement of
receipt to the competent authorities of the Member State of
origin and copy it
authorities
to the other
concerned.

competent

4.
The time periods set out in paragraphs 1, 2 and 3 for
issuing the acknowledgement of receipt may be shortened if the
competent authorities of destination and transit are satisfied that
the application is duly completed.

Article 9

Consent and refusal

1.
Not later than two months from the date of acknow-
ledgement of receipt the competent authorities of all Member
States concerned shall notify the competent authorities of the
Member State of origin of their consent, or of the conditions
which they consider necessary for giving their consent, or of
their refusal to grant consent.

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

2.
If upon expiry of the periods set out in paragraph 1, no
reply has been received from the competent authorities of the
Member State of destination and/or the intended Member State
of transit, those countries shall be deemed to have given their
consent for the shipment requested.

3.
Reasons shall be given by Member States for any refusal
to grant consent, or for conditions attached to their consent,
which shall be based:

(a)

for Member States of
Community or international
transport of radioactive material;

transit, on the relevant national,
legislation applicable to the

(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 the transport of radioactive material.

Any conditions imposed 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 Member States.

The Member State or States which gave consent to transit
to

4.
for a given shipment may not
reshipment in the following cases:

refuse to give consent

(a) when the initial consent concerned material being shipped
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 12,

the
is undertaken on the same conditions and

if

reshipment
with the same specifications.

L 337/26

EN

Official Journal of the European Union

5.12.2006

Unjustified delays and/or

lack of cooperation by the
5.
competent authorities of another Member State shall be
reported to the Commission.

Article 10

Authorisation of shipments

If all the consents necessary for shipment have been given,
1.
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 Member State of
destination and of any Member State or third country of transit
accordingly.

2.
The authorisation referred to in paragraph 1 shall not in
any way affect the responsibility of the holder, the transporters,
the owner, the consignee or any other natural or legal person
involved in the shipment.

A single

than one
3.
shipment, where the conditions set out in Article 6(2) are met.

authorisation may cover more

Such Member State shall
authorities of
shipment of this decision.

the other Member States

forthwith inform the competent
involved in the

if

2. Where a shipment cannot be completed or
the
conditions for shipment are not complied with in accordance
with 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. These competent
authorities shall ensure that
the person responsible for the
shipment takes corrective safety measures where necessary.

The holder shall be liable for costs arising in cases where

3.
the shipment cannot or may not be completed.

CHAPTER 3

EXTRA-COMMUNITY SHIPMENTS

Article 13

Imports into the Community

Any authorisation shall be valid for a period of not more

4.
than three years.

When establishing this period of validity, Member States shall
take into account any conditions set out in the consent given
by the Member States of destination or of transit.

1. 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 application
may be sent in respect of more than one shipment, under the
conditions set out in Article 6(2).

Article 11

Acknowledgement of receipt of the shipment

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

include evidence that the consignee has
The application shall
made an arrangement with the holder established in the third
country, and which has been accepted by the competent autho-
rities of that third country, obliging that holder to take back the
radioactive waste or the spent fuel where a shipment cannot be
completed in accordance with this Directive, as provided for in
paragraph 5 of this Article.

The competent authorities of the Member State of desti-
2.
nation shall send copies of the acknowledgement of receipt to
the Member State of origin and any Member State or third
country of transit.

The competent authorities of the Member State of desti-
2.
nation shall send the application referred to in paragraph 1 for
consent to the competent authorities of the Member States of
transit, if any.

3.
The competent authorities of the Member State of origin
shall send a copy of the acknowledgement of receipt to the
original holder.

Articles 8 and 9 shall apply.

Article 12

Shipment failure

the shipment may not be completed if

The Member State of destination, origin or transit may
1.
the
decide that
conditions
shipment are no longer complied with in
accordance with this Directive, or are not in accordance with
the authorisations or consents given pursuant to this Directive.

for

3.
If all the consents necessary for the shipment have been
granted, the competent authorities of the Member State of desti-
nation shall be entitled to authorise the consignee to carry out
the shipment and shall inform the competent authorities of any
transit
Member State or
accordingly.

third country of origin or of

Article 10(2), (3) and (4) shall apply.

5.12.2006

EN

Official Journal of the European Union

L 337/27

4. Within 15 days of receipt of the shipment, the consignee
shall send the competent authorities of the Member State of
destination an acknowledgement of receipt of each shipment.
The competent authorities of the Member State of destination
shall send copies of the acknowledgement to the country of
origin and to any Member State or third country of transit.

referred to in paragraph 1 to carry out the shipment and shall
inform the competent authorities of any other Member State or
third country of transit or of origin accordingly.

Article 10(2), (3) and (4) shall apply.

The Member State of destination or any Member State of
5.
transit may decide that the shipment may not be completed if
the conditions for shipment are no longer complied with in
accordance with this Directive, or are not in accordance with
the authorisations or consents issued pursuant to this Directive.
forthwith inform the competent
Such Member State shall
authorities of the country of origin of this decision.

4.
The person responsible referred to in paragraph 1 shall
notify the competent authorities of the first Member State of
transit that the radioactive waste or spent fuel has reached its
destination in the third country within 15 days of the date of
in the
the
indicate
arrival and shall
Community through which the shipment passed.

customs post

last

The consignee shall be liable for costs arising in cases

6.
where the shipment cannot or may not be completed.

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

Article 14

Transit through the Community

fuel

1. Where radioactive waste or spent
is to enter the
Community from a third country and the country of destination
is not a Member State, the natural or legal person who has the
responsibility for managing the shipment within the Member
State through whose customs post radioactive waste or spent
fuel
is first to enter the Community (first Member State of
transit) shall submit an application for authorisation to the
competent authorities of that Member State. The application
may be sent in respect of more than one shipment, under the
conditions set out in Article 6(2).

The application shall include evidence that the consignee estab-
lished in the third country has made an arrangement with the
holder established in the third country, and accepted by the
competent authorities of
third country, obliging that
holder to take back radioactive waste or the spent fuel where
a shipment cannot be completed in accordance with this
Directive, as provided for in paragraph 5 of this Article.

that

2.
The competent authorities of the first Member State of
transit shall send the application referred to in paragraph 1
for consent
to the competent authorities of other Member
States of transit, if any.

Articles 8 and 9 shall apply.

5.
A 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 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 person responsible referred to in paragraph 1
shall be liable for costs arising in cases where the shipment
cannot or may not be completed.

Article 15

Exports out of the Community

1. Where radioactive waste or spent fuel is to be exported
from the Community to a third country, the holder shall submit
an application for authorisation to the competent authorities of
the Member State of origin. The application may be sent in
respect of more than one shipment, under the conditions set
out in Article 6(2).

The competent authorities of the Member State of origin

2.
shall:

(a) notify the competent authorities of the country of desti-
nation of the planned shipment and ask their consent; and

(b) send the application referred to in paragraph 1 for consent
the Member States of

to the competent authorities of
transit, if any.

If all

3.
the consents necessary for shipment have been
granted, the competent authorities of the first Member State
of transit shall be entitled to authorise the person responsible

Article 8 shall apply.

L 337/28

EN

Official Journal of the European Union

5.12.2006

If all the consents necessary for shipment have been given,
3.
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 third country of
destination and of any Member State or third country of transit
accordingly.

take duly into account any relevant information from other
Member States. In this respect, Member States shall inform
the Commission and the Advisory committee, as set up
under Article 21 on a yearly basis.

Article 10(2), (3) and (4) shall apply.

4.
The holder shall notify the competent authorities of the
Member State of origin that the radioactive waste or spent fuel
has reached its destination in the third country within 15 days
of the date of arrival and shall indicate the last customs post in
the Community through which the shipment passed.

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

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 this Directive, or are not in accordance with
the authorisations or consents issued pursuant to this Directive.
Such Member State of
forthwith inform the
competent authorities of the Member State of origin of this
decision.

transit

shall

Article 12(2) and (3), shall apply.

Article 16

Prohibited exports

The competent authorities of Member States shall not

1.
authorise shipments:

(a)

to a destination south of latitude 60° south; or

(b) to a State which is party to the Partnership Agreement
between the members of
the African, Caribbean and
Pacific Group of States of the one part, and the European
Community and its Member States, of
the other part,
(Cotonou ACP-EC Agreement) which is not a Member
State, without prejudice to Article 2, or

2.
The Commission shall, in accordance with the procedure
laid down in Article 21, establish criteria, taking due account of,
inter alia, relevant safety standards of the International Atomic
Energy Agency (IAEA), facilitating Member States to evaluate
whether requirements for exports are met.

CHAPTER 4

GENERAL PROVISIONS

Article 17

Use of a standard document

A standard document shall be used for all shipments

1.
within the scope of this Directive.

2.
The Commission shall, in accordance with the procedure
laid down in Article 21, establish the standard document which
shall include as an Annex a list of the minimum requirements
of a duly completed application.

The standard document and its Annexes shall be published in
the Official Journal of the European Union and be made available
in electronic form not
If
than 25 December 2008.
necessary, it shall be updated following the same procedure.

later

3.
The application for authorisation shall be completed and
any further documentation and information referred to in
Articles 10, 13, 14 and 15 shall be supplied in a language
that is acceptable to the competent authorities of the Member
State to whom the application for authorisation is submitted in
accordance with this Directive.

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

Any additional requirements for authorising a shipment

4.
shall be attached to the standard document.

(c)

to a third country which does not, in the opinion of the
in
competent authorities of the Member State of origin,
accordance with the criteria referred to in paragraph 2 of
this Article, have the administrative and technical capacity
and regulatory structure to manage the radioactive waste or
spent
In
coming to an opinion on this issue, Member States shall

fuel safely, as stated in the Joint Convention.

5. 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 cases where
the authorisation relates to more than one shipment in a single
document.

5.12.2006

EN

Official Journal of the European Union

L 337/29

These documents shall be available to the competent
6.
authorities of the country of origin and destination and any
country of transit.

Article 21

Advisory committee

Article 18

Competent authorities

1. Member States shall forward to the Commission not later
than 25 December 2008 the name(s) and the address(es) of the
competent authority or authorities and all necessary infor-
mation for rapidly communicating with such authorities.

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

Article 19

Transmission

1.
The Commission shall, in accordance with the procedure
laid down in Article 21, establish recommendations for a secure
and effective system of
the documents and
information relating to the provisions of this Directive.

transmission of

The Commission shall establish and maintain an electronic

2.
communication platform to publish;

(a)

the name(s) and address(es) of the competent authority or
authorities of each Member State;

(b) the languages acceptable to the competent authorities of

each Member State; and

(c) all general conditions and additional requirements,

if any,
necessary for the competent authorities of each Member
State to authorise a shipment.

Article 20

Regular reports

By 25 December 2011 and every three years afterwards,
1.
Member States shall forward to the Commission reports on the
implementation of this Directive.

1.
In performing the tasks laid down in Articles 16(2), 17(2),
19(1) and Article 20(2) the Commission shall be assisted by a
Committee of an advisory nature composed of representatives
of the Member States and chaired by a representative of the
Commission (hereinafter referred to as the Committee).

2.
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
3.
Member State shall have the right to ask to have its position
recorded in the minutes.

The Commission shall

4.
the opinion
delivered by the Committee. It shall inform the Committee of
the manner in which its opinion has been taken into account.

take account of

Article 22

Transposition

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive before 25 December 2008. They shall
forthwith
inform the Commission thereof.

When they are adopted by the Member States, these measures
shall contain a reference to this Directive or shall be accom-
panied by such reference on the occasion of their official publi-
cation. The methods of making such reference shall be laid
down by Member States.

2. 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.

Article 23

Repeal

1.
Directive 92/3/Euratom shall be repealed with effect from
25 December 2008, without prejudice to the obligations of the
Member States relating to the time limit for transposition into
national law and application of that Directive.

2.
On the basis of these reports, the Commission shall, in
accordance with the procedure laid down in Article 21,
establish a summary report for the European Parliament, the
Council and the European Economic and Social Committee,
paying particular attention to the implementation of Article 4.

2.
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.

L 337/30

EN

Official Journal of the European Union

5.12.2006

Article 24

Transitional provisions

1. Where the application for authorisation has been duly
approved by or submitted to the competent authorities of the
country of origin before 25 December 2008, Directive
92/3/Euratom shall apply to all shipment operations covered
by the same authorisation.

on

deciding

applications

authorisation
2. When
submitted before 25 December 2008,
for more than one
shipment of radioactive waste or spent fuel to a third country
of destination, the Member State of origin shall take account of
all relevant circumstances, and in particular:

for

(a)

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

(b) the justification for including all shipments in the same

application;

(c)

the appropriateness of authorising a number of shipments
lower than that covered by the application.

Until the standard document provided for in Article 17 of
3.
this Directive becomes available, the standard document estab-
lished by Commission Decision 93/552/Euratom (1) shall be
used mutatis mutandis for the purposes of this Directive.

Article 25

Entry into force

This Directive shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

Article 26

This Directive is addressed to the Member States.

Done at Brussels, 20 November 2006.

For the Council
The President

J. KORKEAOJA

(1) Commission Decision 93/552/Euratom of 1 October 1993 estab-
lishing the standard document for the supervision and control of
shipments of radioactive waste referred to in Council Directive
92/3/Euratom (OJ L 268, 29.10.1993, p. 83).

5.12.2006

EN

Official Journal of the European Union

L 337/31

ANNEX

CORRELATION TABLE

Directive 92/3/Euratom

This Directive

Article 1

Article 2

Article 3

Article 4, first subparagraph, first sentence

Article 4, first subparagraph, second sentence

Article 4, second subparagraph

Article 4, third subparagraph

Article 5(1)

Article 5(2)

Article 6(1), first subparagraph

Article 6(1), second subparagraph

Article 6(2)

Article 6(3)

Article 6(4)

Article 7, first subparagraph

Article 7, second subparagraph

Article 7, third subparagraph

Article 8

Article 9(1), first part of the sentence

Article 9(1), end part of the sentence

Article 9(2), first sentence

Article 9(2), second sentence

Article 10(1)

Article 10(1), end of the first sentence

Article 10(2)

Article 10(3)

Article 11

Article 12(1)

Article 12(2)

Article 12(3)

Article 12(4)

Article 12(5)

Article 12(6)

Article 1

Article 5

First recital

Article 6(1)

Article 7(1)

Article 17(1)

none

Article 6(2)

Article 10(4)

Article 9(1)

Article 17(1)

Article 9(3)

Article 9(1), second subparagraph

Article 9(2)

Article 10(1)

Article 17(1)

Article 10(2)

Article 17(5)

Article 11(1)

Article 17(1)

Article 11(2)

Article 11(3)

Article 13

Article 17(1)

Article 14

Article 13

Article 16(1)

Article 15(1)

Article 15(3)

Article 10(2)

Article 17(1)

Article 15(4), first subparagraph

Article 15(4), second subparagraph

L 337/32

EN

Official Journal of the European Union

5.12.2006

Directive 92/3/Euratom

This Directive

Article 1(3)

Article 2

Article 12(2)

Article 13(1), second subparagraph

Article 13

Article 14

Article 15(1)

Article 15(2)

Article 16

Article 17

Article 18

Article 19

Article 20, (first, second and third indents)

Article 20, fourth indent

Article 20, fifth indent

Article 21

Article 22

Article 9(4)

Article 18

Article 20

Article 21

Article 17(1)

Article 16(2)

Article 20(2)

Article 22

Article 26

Article 3(new)

Article 4(new)

Article 8(new)

Article 19(new)

Article 23(new)

Article 24(new)

Article 25(new)