REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE on Member States implementation of the Council Directive 2006/117/EURATOM on the supervision and control of shipments of radioactive waste and spent fuel Second Report
Date: 2018-01-19
Institutions: Directorate-General for Energy, European Commission
Subjects: EU Member State, application of EU law, cross-border transport, export of waste, nuclear fuel, nuclear safety, radioactive waste, transport of dangerous goods

EUROPEAN 
COMMISSION 

Brussels, 19.1.2018 
COM(2018) 6 final 

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE 
COUNCIL AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE 

on Member States implementation of the Council Directive 2006/117/EURATOM on the 
supervision and control of shipments of radioactive waste and spent fuel  
Second Report 

{SWD(2018) 4 final} 

EN 

  EN 

 
 
 
 
 
 
Contents 

1. 

1.1. 

1.2. 

2. 

2.1. 

2.2. 

2.3. 

3. 

3.1. 

3.2. 

3.3 

4. 

Introduction ................................................................................................................... 2 

Legal framework ........................................................................................................... 4 

General principles for supervision and control of shipments ....................................... 5 

Implementation of the general provisions .................................................................... 7 

Transposition of the Directive ...................................................................................... 7 

Standard document for the supervision and control of shipments ................................ 7 

Competent authorities ................................................................................................... 8 

Observations and trends on shipments of spent fuel and radioactive waste ................. 8 

Overall shipments ......................................................................................................... 9 

 Imports, exports and transits through the Community .............................................. 10 

Follow-up from the First Commission Report ............................................................ 10 

Conclusions ................................................................................................................. 11 

1 

 
 
 
1. 

INTRODUCTION 

Council  Directive  2006/117/EURATOM1  lays  down  a  Community  system  of 
supervision  and  control  of  transboundary  shipments  of  radioactive  waste  and  spent 
fuel,  so  as  to  guarantee  an  adequate  protection  of  the  population.  It  ensures  that 
Member  States  concerned  are  informed  about  shipments  of  radioactive  waste  and 
spent  fuel  to  or  via  their  territory  with  the  obligation  to  give  either  their  consent  or 
reasoned  refusal  to  the  shipments.  The  Directive  complements  the  Council  Directive 
2011/70/EURATOM2  which  focuses  on  the  policy  and  responsibilities  for  long  term 
management of radioactive waste and spent fuel. 

This  is  the  second  report  from  the  Commission  on  the  implementation  of  Council 
Directive 2006/117/EURATOM, providing an overview of the respective shipments and 
related aspects. It provides complementary information to the Commission report on the 
implementation of Council Directive 2011/70/EURATOM3. 

All  Member  States  in  the  EU  produce  radioactive  waste,  generated  by  different 
facilities  (e.g.  nuclear  power  plants,  research  reactors)  and  activities,  such  as 
radioisotope  applications  in  medicine,  industry,  agriculture,  research  and  education. 
Radioactive waste is defined as 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. 

In addition, the operation of nuclear power and research reactors also generates spent 
fuel. Spent fuel is defined as nuclear fuel that has been irradiated in and permanently 
removed from a reactor core. It 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.  

When spent fuel and radioactive waste are generated they are stored prior to possible 
(re)processing and disposal. From the sites where these materials have been generated 
or managed, spent fuel and radioactive waste are transported mainly by road, rail or 
sea and in limited cases by air. 

1  

2  

3  

Council Directive 2006/117/EURATOM of 20 November 2006 on the supervision and control 
of shipments of radioactive waste and spent fuel, OJ L 337, 5.12.2006, pp. 21 – 32. 
Council Directive 2011/70/EURATOM of 19 July 2011 establishing a Community framework 
for  the  responsible  and  safe  management  of  spent  fuel  and  radioactive  waste,  OJ  L199, 
2.8.2011, pp. 48 – 56. 
Report  from  the  Commission  to  the  Council  and  the  European  Parliament  on  progress  of 
implementation of Council Directive 2011/70/Euratom and an inventory of radioactive waste 
and spent fuel present in the Community's territory and the future prospects, COM(2017)236 
final of 15.5.2017. 

2 

 
 
 
                                                 
Import,  export  and  transit  of  radioactive  waste  and  spent  fuel  through  Member  State(s) 
are  regular  practices  in  the  EU.  Movement  of  such  material,  also  referred  to  as 
shipment, occurs in the majority of Member States regardless of the scale of their nuclear 
programmes. 

To  date,  16  Member  States4  have  nuclear  power  reactors  on  their  territories,  of  which 
operating  nuclear  reactors  are  located  in  14  Member  States.  In  addition,  20  Member 
States5  have  operated  or  still  operate  research  reactors  within  the  EU.  Some  of  the 
Member  States  ship  spent  fuel  for  reprocessing  in  the  EU  or  to  third  countries.  The 
majority of  Member States with research reactors foresee return of spent fuel to the 
supplier (USA or Russian Federation) before 2020, although for a number of training 
and research reactors the long term management route for the spent fuel (for example 
disposal)  is  still  to  be  defined.  Radioactive  waste  has  also  been  shipped  within  and 
outside the EU in many cases with the view of radioactive wastes minimization through 
processing (e.g. melting, incineration) prior to storage and/or disposal. 

According  to  Article  20(1)  of  the  Council  Directive  2006/117/EURATOM,  as  of  25 
December 2011 Member States have to report every three years on the implementation of 
the  Directive  to  the  Commission.  Therefore,  the  deadline  for  submission  of  the  second 
reports was 25 December 2014. 

All  Member  States  have  submitted  their  second  national  report  on  shipments  of 
radioactive  waste  or  spent  fuel  on  their  territories  for  the  period  2012-2014,  while 
Croatia  reported  for  the  first  time6.  During  this  second  reporting  round  important 
delays  were  noticed  as  only  three  Member  States  notified  on  time7  (others  notified 
with different delays8). 

On the basis of the national reports and after an exchange of views with and adoption 
by the Advisory Committee9 the Commission has prepared the present report to the 
European  Parliament,  the  Council  and  the  European  Economic  and  Social 
Committee,  in  accordance  with  Article  20(2)  of  the  Directive.  It  is  based  on  all 
Member States notifications and follows up the first report of the Commission for the 
period 2008-2011, issued in 201310. 

4  

5  

6  
7  
8  

9  
10  

Belgium,  Bulgaria,  Czech  Republic,  Finland,  France,  Germany,  Hungary,  The  Netherlands, 
Romania,  Spain,  Sweden,  Slovenia,  Slovakia,  and  the  United  Kingdom  (Lithuania  and  Italy 
have shut down power reactors). 
Austria,  Belgium,  Bulgaria,  Czech  Republic,  Finland,  France,  Germany,  Denmark,  Greece, 
Hungary,  Italy,  Latvia,  The  Netherlands,  Poland,  Portugal,  Romania,  Spain,  Sweden, 
Slovenia, and the United Kingdom. 
Croatia joined the EU on 1 July 2013. 
Denmark, Lithuania, and Romania. 
Within 6  months:  Bulgaria, Czech  Republic,  Greece,  Estonia,  Finland, Latvia,  Luxembourg, 
Poland,  Portugal,  Slovenia,  Slovakia,  Sweden,  the  United  Kingdom;  within  6-12  months: 
Austria,  Belgium  Croatia,  Cyprus,  France,  Germany,  Hungary,  Ireland,  Malta,  The 
Netherlands and Spain; later than 1 year: Italy.  
The Advisory Committee was established in 2007 as required by Article 21 of the Directive. 
COM(2013) 240 final, Report from the Commission to the European Parliament, the Council 
and  the  European  Economic  and  Social  Committee  on  the  implementation  by  the  Member 

3 

 
 
                                                 
The  reporting  is  intended  to  provide  an  overview  of  shipments  of  spent  fuel  and 
radioactive waste in the Community; of the recent trends and challenges on import, export 
and transit of spent fuel and radioactive waste, reported refusals and failed shipments, as 
well as proposed actions. 

More  detailed  information  on  the  implementation  of  the  Directive  in  each  Member 
State  is  provided  in  the  Commission  Staff  Working  Document  SWD(2018)4.  The 
conclusion of this report highlights topics that require further attention. 

1.1. 

Legal framework  

Safe and responsible management of radioactive waste and spent fuel, including safe 
shipment of these materials in and outside the territories of Member States, is a legal 
requirement. This requirement is stemming from both international and EU law. 

At  international  level,  the  main  reference  in  this  field  is  the  Joint  Convention  on  the 
Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management 
(the  Joint  Convention)11.  Among  other  provisions,  the  Joint  Convention  imposes 
obligations on Contracting Parties in relation to the safety of transboundary movements 
(import, export and transit) of spent fuel and radioactive waste. It requires, in its Article 
27,  each  Contracting  Party  involved  in  transboundary  movements  to  take  the 
appropriate steps to ensure that such movement is undertaken in a manner consistent 
with the provisions of the Convention and relevant binding international instruments. 
Since 
the  Directive 
2006/117/EURATOM,  Malta  became  a  Contracting  Party  to  the  Joint  Convention 
making  all  28  EU  Member  States  Contracting  Parties  to  this  Convention12  which 
demonstrates  Member  States  commitment  to  ensuring  high  level  of  safety  of  spent 
fuel and radioactive waste – from generation to disposal. 

first  Commission's 

implementation  of 

report  on 

the 

At  EU  level,  since  the  first  Commission  report  on  the  implementation  of  Directive 
2006/117/EURATOM, the Council Directive 96/29/EURATOM on basic safety standards 
was revised in 2013, maintaining the overall objective to enhance the protection against 
the dangers arising from exposure to ionizing radiation, also during transport of spent fuel 
and  radioactive  waste.  The  revised  96/29/EURATOM  Directive  (new  Directive 
2013/59/EURATOM13)  repeals  and  consolidates  in  a  single  piece  of  legislation  the 

11  

12  

13  

States of Council Directive 2006/117 EURATOM on the supervision and control of shipments 
of radioactive waste and spent fuels, 25.4.2013 and SWD(2013) 150 final. 
The  Joint  Convention  entered  into  force  on  18  June  2001.  It  applies  to  spent  fuel  and 
radioactive  waste  resulting  from  civilian  nuclear  reactors  and  applications  and  to  spent  fuel 
and  radioactive  waste  from  military  or  defence  programmes  if  and  when  such  materials  are 
transferred  permanently  to  and  managed  within  exclusively  civilian  programmes,  or  when 
declared  as  spent  fuel  or  radioactive  waste  for  the  purpose  of  the  Convention  by  the 
Contracting  Party.  The  Convention  also  applies  to  planned  and  controlled  releases  into  the 
environment of liquid or gaseous radioactive materials from regulated nuclear facilities. 
As  of  26  September  2016 
(http://www.iaea.org/Publications/Documents/Conventions/jointconv_status.pdf). 
Directive  2013/59/EURATOM  of  5  December  2013  laying  down  basic  safety  standards  for 
protection  against  the  dangers  arising  from  exposure  to  ionising  radiation,  and  repealing 
directives  89/618/Euratom,  90/641/Euratom,  96/29/EURATOM,  97/43/EURATOM  and 
2003/122/EURATOM, OJ L 13, 17.1.2014, pp. 1-73. 

there  are  73  Contracting  Parties 

this  Convention 

to 

4 

 
 
                                                                                                                                            
provisions  of  five  EU  Directives,  including  the  Directive  2003/122/EURATOM  with 
regard  to  high-activity  sealed  sources14.  The  new  Directive  that  shall  be  transposed  by 
Member States by 6 February 2018 also defines harmonised clearance criteria and general 
levels for release of material from regulatory control. With respect to naturally occurring 
radioactive materials (NORM), the scope of the Directive 2013/59/EURATOM has been 
extended  to  cover  human  activities  which  involve  the  presence  of  natural  radiation 
sources,  including  the  processing  of  material  with  naturally  occurring  radionuclides 
(NORM).  The  Directive  requires  that  protection  against  natural  radiation  sources, 
rather  than  being  addressed  separately  in  a  specific  title,  should  be  fully  integrated 
within  the  overall  requirements.  In  particular,  industries  processing  materials 
containing naturally-occurring radionuclides that require regulatory control should be 
managed  within  the  same  regulatory  framework  as  other  practices15.  It  requires 
(Article 23) Member States to identify classes or types of practice involving NORM 
and  leading  to  exposure  of  workers  or  members  of  the  public  which  cannot  be 
disregarded  from  a  radiation  protection  point  of  view.  A  list  of  industrial  sectors 
involving NORM that need to be taken into account during the identification process, 
in addition to the uranium mining and milling industry, is provided in Annex VI of the 
Directive  2013/59/EURATOM.  If  a  Member  State  declares  NORM  waste  as 
radioactive waste,  its  shipment  should  be  reported  under  Article  20  of  the  Directive 
2006/117/EURATOM. 

Within  the  scope  of  this  comprehensive  EU  nuclear  and  radiation  safety  framework, 
Directive  2006/117/EURATOM  specifically  addresses  regulatory  authorisations  and 
procedural  aspects  of  transboundary  shipments  of  radioactive  waste  and  spent  fuel 
generated from civilian facilities and activities. The Directive applies whenever: 

•  The country of origin, the country of destination  or any country of transit of 

the spent fuel or radioactive waste is an EU Member State;  

•  The  quantities  and  concentration  of  the  spent  fuel  or  radioactive  waste  for 
shipment  (referred  to  as  consignment)  exceed  the  levels  laid  down  in  Article 
3(2) points (a) and (b) of Directive 96/29/EURATOM16, replaced recently by 
Council Directive 2013/59/EURATOM.  

1.2. 

General principles for supervision and control of shipments  

In  line  with  Directive  2011/70/EURATOM,  each  Member  State  remains  fully 
responsible for the choice of its own policy on the management of radioactive waste 
and  spent  fuel  within  its  jurisdiction,  which  could  include  export  of  spent  fuel  and 
radioactive waste or import of such materials (e.g. for (re)processing) on its territory. 

14  

15  

16  

Council Directive 2003/122/EURATOM of 22 December 2003 on the control of high-activity 
sealed radioactive sources and orphan sources, OJ L 346, 31.12.2003, pp. 57-64.  
The  definition  of  a  "practice"  in  Article  4(65)  is  the  following:  "a  human  activity  that  can 
increase the exposure of individuals to radiation from a radiation source and is managed as a 
planned exposure situation". 
Council 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 
ionizing radiation, OJ L 159, 29.6.1996, pp 1 – 114. 

5 

 
 
                                                 
Article  17(1)  of  Directive  2006/117/EURATOM  requires  Member  States  to  use  a 
standard document for the supervision and control of shipments of radioactive waste 
and  spent  fuel.  When  such  materials  are  intended  to  be  shipped  to  third  countries, 
Member  States  are  also  required  to  apply  the  criteria  for  shipment  as  per  Article 
16(2) of the Directive and Commission Recommendation17. 

Where  a  shipment  cannot  be  completed  or  if  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. In such case the holder18 
shall  be  liable  for  costs  arising  in  cases  where  the  shipment  cannot  or  may  not  be 
completed (Article 12 of the Directive). 

Any  refusal  of  authorisation  for  shipment  of  spent  fuel  and  radioactive  waste  (i) 
needs to be justified on the basis of the criteria set out in the Directive; (ii) should not 
be  arbitrary;  and  (iii)  should  be  founded  on  relevant  national,  Community  or 
international  law.  Member  States  decisions  for  exports  or  refusals  must  be  in  line 
with  the  provisions  set  out  in  the  Joint  Convention  and  Article  16  of  the  Directive 
which  prohibit  export  of  radioactive  waste  or  spent  fuel  to  a  destination  south  of 
latitude  60°  south,  to  African,  Caribbean  or  Pacific  countries  or  to  a  third  country 
which  does  not  have  the  resources  to  manage  the  radioactive  waste  or  spent  fuel 
safely. 

In addition to the 3 yearly reporting to the Commission (as per Article 20(1) of the 
Directive 2006/117/EURATOM), Member States shall: 

•  Notify every year the Commission and the Advisory Committee any unauthorised 
shipments  to  a  third  country,  due  to  non-compliance  with  the  technical  or 
administrative capacity and regulatory structure for the safe management of spent 
fuel and/or radioactive waste (Article 16(1)c of the Directive).  

•  Forward to the Commission the contact details of the competent authority(ies) and 
all  the  necessary  information  for  rapid  communication  (Article  18  of  the 
Directive).  

17  

18  

Commission  Recommendation  of  4  December  2008  on  criteria  for  the  export  of  radioactive 
waste  and  spent  fuel  to  third  countries  (notified  under  document  number  C(2008)  7570) 
(2008/956/EURATOM). 

‘holder’ means any natural or legal person who, before carrying out a shipment of radioactive 
waste  or  spent  fuel  is  responsible  under  the  applicable  national  law  for  such  materials  and 
plans to carry out a shipment to a consignee. 

6 

 
 
                                                 
2. 

IMPLEMENTATION OF THE GENERAL PROVISIONS  

2.1. 

Transposition of the Directive 

During the reporting period 2012-2014, Croatia joined the EU (1st of July 2013) and 
transposed the Directive. 

On  that  basis,  the  transposition  of  this  Directive  is  considered  completed  in  all  28 
Member States. 

2.2. 

Standard document for the supervision and control of shipments 

The standard document (established by Commission Decision in 200819 and amended 
in 2011) includes forms for: 

•  Application for authorization for shipment of spent fuel or radioactive waste; 

•  Acknowledgement of receipt of application – request for missing information for 

spent fuel and radioactive waste; 

•  Refusal or consent of radioactive waste or spent fuel shipment by the competent 

authorities concerned; 

•  Description of radioactive waste consignment and list of packages; 

•  Acknowledgement of receipt of radioactive waste and spent fuel; 

•  Authorisation of shipment of spent fuel and radioactive waste. 

Some Member States  provided suggestions for further improvement of the standard 
document. For example, it was suggested to clarify the explanatory notes and to add a 
specific section to the standard document allowing for cross-reference to a previous 
authorisation/consent  whenever  the  application  for  shipment  is  linked  to  the 
repatriation  of  residues  arising  from  that  previous  shipment.  This  would  facilitate 
monitoring  and  provide  an  audit 
for 
processing/reprocessing  and  shipment(s)  of  resulted  waste  and  by-products.  In 
addition,  the  need  for  more  consistency  of  the  information  required  in  Section  B-1 
"Application for authorisation of shipment(s) of spent fuel", which does not include 
radioactivity  levels  of  spent  fuel,  and  information  in  Section  B-5  "Description  of 
spent fuel consignment and list of packages" (which does ask for this information) of 
the standard document was highlighted. 

trail  between  outgoing  shipment 

These proposals will be followed up by the Commission. 

19  

Commission Decision of 5 March 2008 establishing the standard document for the supervision 
and control of shipments of radioactive waste and spent fuel referred to in Council Directive 
793), 
document 
2006/117/EURATOM, 
(2008/312/EURATOM), OJ L 107, 17.4.2008, pp. 32 – 59. 

(notified 

C(2008) 

number 

under 

7 

 
 
                                                 
2.3. 

Competent authorities 

As  of  July  2017,  all  Member  States  have  provided  updated  information  on  their 
competent  authorities  in  the  sense  of  Article  5(13)20  of  the  Directive  which  is 
presented in Commission Staff Working Document SWD(2018)4.  

In compliance with the requirement of Article 19 of Directive 2006/117/EURATOM, 
and the Recommendation21 for a secure and effective  system  of  transmission of  the 
documents and information relating to the provisions of the Directive the updated list 
of  competent  authorities  in  the  Member  States  is  available  on  the  Commission 
website: 
https://ec.europa.eu/energy/en/topics/nuclear-energy/radiation-
protection/transport-radioactive-materials.  

3. 

OBSERVATIONS  AND  TRENDS  ON  SHIPMENTS  OF  SPENT  FUEL  AND 
RADIOACTIVE WASTE 

For the 2012-2014 period the majority of Member States reported shipments of spent 
fuel  and  radioactive  waste  on  their  territories  using  a  non-binding  template  with 
information on (i) the implementation of the Directive; and (ii) imports, exports and 
transits of spent fuel and radioactive waste.  

In  general,  differences  were  observed  as  to  the  reporting  format,  level  of  detail  and 
quality  of  the  information  provided  by  the  Member  States  in  their  reports  to  the 
Commission. For example:  

•  The terminology used in the Member States' reports with regard to shipments 
of spent fuel and radioactive waste was not always in line with that defined in 
the Directive and in the Decision 2008/312/EURATOM (e.g. import to, export 
from  and  transit  through  the  Community,  as  well  as  authorisation  and 
consent); 

•  Similarly,  the  information  provided  in  the  Member  States'  reports  did  not 
always  include  details  on  the  shipments  or  distinguish  spent  fuel  from 
radioactive waste shipments; 

•  Two  Member  States'  reports  that  count  for  48%  of  the  overall  authorisations 
for  shipment  of  spent  fuel  and  radioactive  waste  were  to  some  extent  only 
presented  as  a  summary,  without  sufficient  details  on  the  shipments  as 
required by the reporting template; 
Inconsistencies in some Member States' national reports regarding authorisations 
for shipments. 

• 

In  the  context  of  this  second  report,  the  Commission  has  not  been  informed  about 

20  

21  

Article 5(13) of the Directive 2006/117/EURATOM defines "competent authorities" as "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". 
Commission  Recommendation  of  7  July  2009  for  a  secure  and  effective  system  of 
transmission  of  documents  and  information  relating  to  the  provisions  of  Council  Directive 
2006/117/EURATOM, OJ L 177, 8.7.2009, pp. 5 – 6. 

8 

 
 
                                                 
reshipments related to non-authorised shipments of undeclared radioactive waste (as 
per Article 4); shipment failures (as per Article 12), or prohibited exports that would 
fall  under  the  provisions  of  Article  16(1)c  of  the  Directive.  There  were  only  two 
refusals  of  authorization  linked  to  contaminated  scrap  metal  and,  in  one  case, 
incomplete  information  for  shipment.  All  the  cases  of  refusal  were  solved  by  the 
concerned Member States. 

Further  details  on  Member  States'  shipments  are  presented  in  the  accompanying 
Commission Staff Working Document SWD(2018)4.  

3.1. 

Overall shipments 

Directive 2006/117/EURATOM provides the framework for shipments of radioactive 
waste  and  spent  fuel  between  Member  States  that  should  take  place  only  with  the 
prior  informed  consent  of  the  competent  authorities  of  all  Member  States  involved 
(including transit Member States). 

For  the  2012-2014  period,  20  Member  States  have  reported  authorised  shipments 
within  the  scope  of  the  Directive.  Member  States  reported  400  issued  approvals22, 
which  include  192  authorisations  of  Member  State  of  origin  and  208  consents23  to 
shipments of spent fuel and radioactive waste. Five24 out of the 20 reporting Member 
States account for 74 % of all 192 reported authorisations for the period 2012-2014.  

Also  81%  (157)  of  all  issued  authorisations  are  related  to  shipment  of  radioactive 
waste; 17% (32) to spent fuel and 2% issued for materials other than radioactive waste 
and spent fuel. In the previous reporting period, 74% of authorisations were related to 
shipments of radioactive waste and remaining 26% were shipments of spent fuel. 

The Commission notes that the overall number of authorisations has increased (15%) 
compared  to  the  previous  reporting  period  (2008-2011),  where  14  Member  States 
delivered 161 authorisations within the scope of the Directive.  

22  

23  

24  

Although  the  Directive  does  not  define  the  term  "approval"  and  clearly  refers  only  to 
"authorisation"  of  Member  State  of  origin,  "consent"  and  "refusal"  of  the  Member  States  of 
transit  and  destination,  national  reports  from  Member  States  do  not  always  make  the 
difference between authorisations and consents. Therefore, for the purpose of this Commission 
report, the term “approval" is used to include both "authorisations" and "consents". 

According to Article 9 not later than two months from the date of acknowledgement 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. 

Belgium, Germany, France, Sweden and the United Kingdom. 

9 

 
 
                                                 
3.2. 

 Imports, exports and transits through the Community 

In  the  2012-2014  reporting  period,  most  of  the  spent  fuel  and  radioactive  waste 
shipments  took  place  between  Member  States  and  only  around  17%  of  all 
transboundary movements were for imports into and exports out of the Community. 

In  particular,  11  Member  States25  reported  issuing  30  authorisations  for  exports  of 
either  radioactive  waste  and/or  spent  fuel  to  third  countries  -  Russia  (47%),  USA 
(30%), Switzerland and Japan (each 10%) and Norway (3%).  

Twenty  out  of  30  authorisations  for  export  from  the  Community  (i.e.  67%)  were 
related  to  shipment  of  spent  fuel.  All  but  one  of  these  exports  of  spent  fuel  were 
reported  for  reprocessing;  while  one  export  of  spent  fuel  was  reported  for  research 
activities.  

In  the  previous  reporting  period  (2008–2011),  29  authorisations  for  export  were 
granted  by  nine  Member  States  and  59%  of  the  authorisations  for  export  from  the 
Community were related to export of spent fuel, which shows increase of the number 
of  Member  States  exporting  spent  fuel  and/or  radioactive  waste.  While  there  is  a 
slight  increase  of  the  export  authorisations  for  spent  fuel  and  radioactive  waste 
altogether,  the  Commission  observes  an  overall  decrease  of  the  number  of 
authorisations for export of spent fuel since 2011. 

Exports  of  radioactive  waste  for  return  and  for  treatment  to  third  countries  were 
reported  by  five  Member  States,  representing  in  total  nine  authorisations  for  export 
from the Community.  

Three  Member  States  (France,  Sweden  and  the  United  Kingdom)  have  reported 
imports  of  radioactive  waste/spent  fuel,  whereas  no  transits  of  spent  fuel  and/or 
radioactive waste through the Community were reported for this period. 

3.3 

Follow-up from the First Commission Report 

As  a  result  of  the  first  Member  States  reporting  on  implementation  of  Directive 
2006/117/EURATOM,  two  issues  were  identified  requiring  attention  as  detailed  in 
the Commission Report COM (2013) 240 final:  

• 

It was noted that there was no harmonisation of clearance levels for radioactive 
waste  in  the  EU  that  could  lead  to  the  possibility  that  materials  containing 
radioactive  substances  were  released  in  one  Member  State  but  could  still  be 
considered as radioactive waste in another Member State. 

With  the  Member  States  transposing  the  Directive  2013/59/EURATOM  on 
basic  safety  standards  by  February  2018,  it  is  expected  that  the  general 
clearance criteria and the set of harmonised general clearance values in the 

25  

Austria,  Bulgaria,  Czech  Republic,  Germany,  France,  Hungary,  Italy,  Poland,  Romania, 
Sweden and the United Kingdom.  

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Member States will become more aligned. It is important to note that Member 
States, however, have the possibility to define specific clearance levels in line 
with the clearance criteria established in this Directive. 

•  Transboundary  shipments  of  waste  containing  NORM,  not  arising  from 
authorized  "practices"  as  defined  by  the  Directive  96/29/EURATOM,  were 
excluded  from  the  scope  of  both  Directive  2006/117/EURATOM26  and  also 
from the Directive 2006/21/EC27 on the management of waste from extractive 
industries. 

The  scope  of  the  Directive  2013/59/EURATOM  has  been  extended  to  cover  all 
human  activities  which  involve  the  presence  of  natural  radiation  sources, 
including  the  processing  of  material  with  naturally  occurring  radionuclides 
(NORM).  Therefore,  from  a  legal  point  of  view,  all  waste  containing  NORM 
which require regulatory control and are categorised as radioactive waste28 fall 
under the scope of the Directive 2006/117/EURATOM.  

To  ensure  the  smooth  implementation  of  both  Directive  2006/117/EURATOM  and 
Directive 2013/59/EURATOM and address the above raised issues, the Commission has 
launched a study in 201629. The study aims to review current Member States' practices 
on  the  application  of  clearance  levels  and  shipment  of  radioactive  waste  containing 
naturally  occurring  radioactive  materials  that  could  provide  a  better  understanding  of 
Member States' practices, challenges, good examples for shipment of  such materials 
in the new EU legal framework, as well as needs for EU legislation and/or initiatives 
in this field. 

4. 

CONCLUSIONS 

The  current  EU  legal  framework  consisting  of  the  Directive  2006/117/EURATOM, 
the new Directive 2013/59/EURATOM and Directive 2011/70/EURATOM provides 
a  comprehensive  legal  basis  to  ensure  protection  of  the  health  of  workers  and  the 
general  public  against  the  risks  arising  from  ionizing  radiations,  including  during 
shipments of spent fuel and radioactive waste. 

Member States reported shipments within the national frameworks for the supervision 
and  control  of  shipments  of  spent  fuel  and  radioactive  waste.  These  frameworks 
require that transboundary movements of radioactive waste and spent fuel take place 
only  with  the  prior  informed  consent  of  the  competent  authorities  of  all  involved 

26  
27  

28  

29  

See Article 1(5) of Directive 2006/117/EURATOM. 
Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the 
management  of  waste  from  extractive  industries  and  amending  Directive  2004/35/EC,  OJ 
L102, 11.4.2006, pp 15-33. 

‘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 (Art 5(1) of Directive 2006/117/EURATOM). 

Review of the Current Situation Regarding Transport of Radioactive Material in EU Member 
States. 

11 

 
 
                                                 
Member  States,  and  the  standard  document  for  import  to,  export  from  and  transit 
through the Community is used. 

Under  the  current  reporting  period,  no  shipment  failures  involving  transboundary 
movements of radioactive waste or spent fuel were reported by Member States. Two 
refusals  were  reported  due  to  radioactive  material  not  declared  as  radioactive  waste 
and  insufficient  information  but  this  was  resolved  by  the  corresponding  Member 
States. 

The  majority  of  the  Member  States  national  reports  for  this  period  were  submitted 
with delays and show variation in the level of detail of the information and different 
approaches to reporting shipments of spent fuel and radioactive waste.  

The Commission will take the findings presented in this report into due consideration 
and will initiate reflections or take the necessary measures to: 

• 

Improve  the standard  document for the supervision and control of shipments 
of  radioactive  waste  and  spent  fuel  referred  to  in  Council  Directive 
2006/117/EURATOM in light of the feedback provided by Member States and 
the recommendations of the Advisory Committee.  

•  Provide support to Member States to harmonise the reporting of shipments of 
spent  fuel  and  radioactive  waste  of  Member  States  (Article  20  of  the 
Directive),  thus  enhancing  ultimately  also  the level  of  consistency and detail 
of  future  reporting  by  the  Commission  to  the  Council,  European  Parliament 
and European Social and Economic Committee. 

Moreover, the Commission will take appropriate measures on the basis of the findings of 
the  on-going  study  on  the  review  of  the  current  situation  regarding  transport  of 
radioactive  material  in  EU  Member  States.  The  study  includes  the  shipments  of  waste 
containing naturally occurring radionuclides and application of clearance levels, with the 
aim to identify specific actions required for improvement of transport at EU and national 
level, enhance transparency and increase public confidence. 

The  Commission  will  closely  follow  the  implementation  of  the  Directive  and  the 
identified measures to ensure timely reporting for the upcoming reporting 2015-2017 
period (Member States' reports by 25 December 2017) in close collaboration with EU 
Member States. 

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