CELEX: 51989PC0559
Language: en
Date: 1989-11-21
Title: DRAFT COUNCIL DIRECTIVE AMENDING DIRECTIVE 80/836/EURATOM LAYING DOWN THE BASIC SAFETY STANDARDS FOR THE HEALTH PROTECTION OF THE GENERAL PUBLIC AND WORKERS AGAINST THE DANGERS OF IONIZING RADIATION AS REGARDS PRIOR AUTHORIZATION OF SHIPMENT OF RADIOACTIVE WASTE

10. 1. 90                              Official Journal of the European Communities                               No C 5/7
                                                              II
                                                      (Preparatory Acts)
                                                 COMMISSION
              Proposal for a Council Directive amending Directive 80/836/Euratom laying down the basic
              safety standards for the health protection of the general public and workers against the dangers
                   of ionizing radiation as regards prior authorization of shipment of readioactive waste
                                                        COM(89)      V9
                             {Submitted by the Commission to the Council on 1 December 1989)
                                                         (90/C 5/07)
THE COUNCIL OF THE EUROPEAN COMMUNITIES—                          Whereas the protection of the health of workers and the
                                                                  general public requires that shipment of radioactive
                                                                  waste be added to the activities set out in Article 5 of
Having regard to the Treaty establishing the European             Directive 80/836/Euratom for which a system of prior
Atomic Energy Community, and in particular Articles 31            authorization must be provided;
and 32 thereof,
                                                                  Whereas the European Parliament Resolution of 6 July
Having regard to the draft from the Commission, drawn             1988 on the findings of the Committee of inquiry on the
up after obtaining the opinion of a group of persons              handling and transport of nuclear material (*) calls for
appointed by the Scientific and Technical Committee               comprehensive Community rules to make transfrontier
from among scientific experts in the Member States,               movements of nuclear waste subject to a system of strict
                                                                  controls and authorizations from their point of origin to
Having regard       to   the  opinion   of   the   European       their point of storage; whereas the principles of unity
                                                                  and indivisibility of health protection under the Euratom
Parliament,
                                                                  Treaty require that all shipments of radioactive waste
                                                                  within the Community be subject to such controls and
Having regard to the opinion of the Economic and                  authorizations;
Social Committee,
                                                                  Whereas Council Directive 84/631 /EEC of 6 December
Whereas on 2 February 1959 the Council adopted                    1984 on the supervision and control within the European
Directives laying down the basic standards for the                Community of the transfrontier shipment of hazardous
protection of the health of workers and the general               waste (5) does not apply to radioactive waste;
public against the dangers arising from ionizing radi-
ations ('), as amended by Directive 80/836/Euratom (2)
and by Directive 84/467/Euratom (3);                              Whereas the Council decided that the Community be
                                                                  party to the Basel Convention on the control of trans-
                                                                  boundary movements of hazardous wastes and their
Whereas, pursuant to Article 2 of                  Directive      disposal, of 22 March 1989; whereas this Convention
80/836/Euratom these basic safety standards apply to              does not apply to radioactive waste;
the transport of radioactive substances;
                                                                  Whereas shipments of radioactive waste necessitate
Whereas, pursuant to Directive 80/836/Euratom,                    supervision and control of such waste from the
Member States are required to make compulsory the                 movement of its formation until its ultimate safe
reporting of activities which involve a hazard arising            disposal;
from ionizing radiation; whereas, in the light of possible
dangers and other relevant considerations these activities
are subject to prior authorization in cases decided upon          Whereas this requires a compulsory and common notifi-
by each Member State;                                             cation procedure for shipments of radioactive waste and
                                                                  a uniform consignment note;
(') OJ No 11, 20. 2. 1959, p. 221/59.
(2) OJ No L 246, 17. 9. 1980, p. 1.                               (4) OJ No C 235, 12. 9. 1988, p. 70.
(J) OJ No L 265, 5. 10. 1984, p. 4.                               (») OJ No L 326, 13. 12. 1984, p. 31.
 ---pagebreak---  No C 5/8                                   Official Journal of the European Communities                                        10. 1. 90
Whereas measures ensuring              post-factum      control   of        HAS ADOPTED THIS DIRECTIVE:
 shipments are also necessary;
                                                                                                      Article 1
Whereas the competent authorities of the Member State
 of destination of radioactive waste should be able to                      Directive   80/836/Euratom        is  hereby    amended    as
 raise objections to shipments of such waste;                               follows:
                                                                            1. In Article 5, the existing text becomes paragraph 1
Whereas it is also desirable for the Member State of                           and a paragraph 2 is added as follows:
dispatch and the Member State of transit to be able,
subject to certain criteria, to lay down conditions in                         '2.   The transport activities related to the
respect of the shipment of waste on their territory;                           management of natural and artificial radioactive
                                                                               substances for which no use is foreseen and whose
Whereas, in connection with protecting human health                            quantities and concentration exceed the values laid
and the environment against dangers arising from such                          down in Article 4 (a) and 4 (b) respectively shall be
waste, account must be taken of risks occurring outside                        subject to the prior authorization system, effected by
the Community; whereas, therefore, in case of radio-                           means of a consignment note, set out in Annex I A.'.
active waste entering and/or leaving the Community, the
                                                                            2. An Annex I A is inserted as set out in the Annex
third State of destination or dispatch and where appro-
                                                                               hereto.
priate the third State(s) of transit, should be involved in
the notification system laid down in this Directive;
                                                                                                      Article 2
Whereas in the Fourth ACP-EEC Convention signed at                          Member States shall take the measures necessary to
Lome on . . . particular provisions are included which                     comply with this Directive not later than 31 January
govern the shipment of radioactive waste from the                           1992.
Community to the States party to that Convention;
                                                                            Member States shall inform the Commission of the
                                                                           provisions which they have adopted pursuant to this
Whereas radioactive waste may contain nuclear materials                    Directive.
as defined by Commission Regulation (Euratom) No
3227/76 of 19 October 1976 concerning the application                      These provisions shall make express reference to this
of the provisions on Euratom safeguards ( l ),                             Directive.
                                                                                                      Article 3
(') OJ No L 363, 31. 12. 1976, p. 1.                                       This Directive is addressed to the Member States.
                                                                   ANNEX
                                                                 'ANNEX IA
              NOTIFICATION SYSTEM OF SHIPMENT ACTIVITIES RELATED TO THE MANAGEMENT OF
                                                          RADIOACTIVE WASTE
                                                                   PART I
              Definitions and general requirements
               1. For the purposes of this Annex:
                  (a) radioactive waste means radioactive substances for which no use is foreseen;
                  (b) competent authorities of the Member State(s) concerned means the competent authority or auth-
                       orities, to which the notification and information is to be addressed, designated in accordance with
                       paragraph 35 of this Annex;
                  (c) the producer of the radioactive waste means anyone whose activities produce radioactive waste
                       (original producer) and/or anyone who carries out treatment or conditioning operations resulting
                       in a change in the characteristics of the radioactive waste;
 ---pagebreak--- 10. 1. 90                                Official Journal of the European Communities                                  No C 5/9
               (d) the holder of the radioactive waste means any person or undertaking who or which proposes to
                    carry out or to have carried out a shipment of radioactive waste;
               (e) the consignee of the radioactive waste means the person or undertaking to whom or to which the
                    radioactive waste is shipped;
               (f) shipment means the specific transport from origin to destination, including loading and unloading
                    of radioactive waste.
           2. Shipments of radioactive waste shall only take place between installations for which the activities
               involving radioactive wastes have been reported and in cases decided upon by each Member State,
               previously authorized as required by Article 3 of this Directive, if the installations are in the
               Community. In cases where installations in third States are concerned, the competent authorities of the
               Member State responsible for issuing the acknowledgement of receipt shall satisfy themselves that the
               installations in the third States comply with equivalent requirements.
               The transport operations by which the shipments are effected shall comply with the national provisions
               and, where applicable, with international agreements applicable in the field of transport of dangerous
               goods, which include radioactive materials.
          3. Without prejudice to Commission Regulation (Euratom) No 3227/76, shipments of radioactive waste
               containing nuclear materials as defined in that Regulation shall comply with the requirements of the
               present Directive.
              Without prejudice to the Fourth ACP-EEC Convention signed at Lome on . .., shipments of radio-
               active waste involving States party to that Convention shall comply with the requirements of the
               present Directive.
          4. Shipments of radioactive waste to a destination south of 60° South latitude shall be prohibited.
                                                               P A R T II
               Notification by the holder of the radioactive waste prior to shipment
          5. Where the holder of the waste intends to ship it or to have it shipped within one Member State or
              from one Member State to another, to have it routed through one or more Member States or to ship it
              to a Member State from a third State or from a Member State to a third State, he shall notify the
              competent authority of the Member State responsible for issuing the acknowledgement of receipt and
              in the case of shipment between Member States, with a copy to the competent authorities of the other
              Member States concerned and, where applicable, through the channel of the competent authority of
              the Member State of dispatch to the third State of destination and of the third State(s) of transit.
          6. Notification shall be effected by means of a uniform consignment note, hereinafter referred to as the
              'consignment note', to be drawn up in accordance with Part XI and the contents of which are set out
              in Part XII.
          7. When so notifying the competent authority of the Member States responsible for issuing the acknowl-
             edgement of receipt, the holder of the radioactive waste shall provide it with satisfactory information
             about the shipment as set out in Part XII.
          8. In the case of a shipment from a Member State to a third State, the holder of the radioactive waste
             shall, through the channel of the competent authority of the Member State of dispatch obtain the
             agreement in writing of the third State of destination before embarking upon the notification
             procedure provided for in paragraphs 5, 6 and 7. The notification must include information on such
             agreement and on the capacity of the consignee to manage property the radioactive waste.
 ---pagebreak--- ^oC^BtO                                     C^f^c^ijourn^lof rh^Euroo^^nClornrnun^n^                                                               to t ^0
                                                                       RARTN1
         9 shipments may not be effected before the competent authorities of the member states referred to in
           p a r a g r a p h ! 0 ^ a ^ , ^ , ^ c ^ o r ^ h a v e acknowledged receipt of the notification The acknowledgement
           shall be entered on the consignment note
        10 Not later than one month after receipt of the notification, the acknowledgement of receipt, any
           objection raised in accordance with paragraph t l o r any condition in respect of the shipment of radios
           active waste shall be forwarded to the holder of the radioactive waste
           ^     either, in the case of shipment within one member ^tate, by the competent authorities of the
                 member ^tate concerned,
                 or,
           d^ in the case of intra^ommunity shipment and in the case of shipment from a third ^tate to a
                 member ^tate, by the competent authorities of the member ^tate of destination,
                 or,
           ^      in the case of shipments of radioactive waste f r o m a t h i r d ^ t a t e in transit through the (community
                 to a destmationoutsidethe community, by thecompetent authorities of the last member ^tate
                 through which the shipment is due to pass,
                 or,
           ^      in the case of shipments of radioactive waste f r o m a ^ t e m b e r ^ t a t e t o a d e s t i n a n o n i n a t h i r d ^tate,
                 by the competent authorities of the member ^tate of dispatch, except in the case provided for in
                 the last subparagraph of this paragraph,
           with a c o p y t o t h e c o n s i g n e e o f theradioactivewasteandwhereapphcable, to thecompetent auth^
           onties of the other member states concerned, and to the third ^tate of destination and the third
           5 t a t e ^ of transit
           Where the radioactive waste is shipped t o a t h i r d ^ t a t e bordering on the last member ^tate of transit,
           the latter shall be entitled to issue the acknowledgement of receipt or to raise any objection in place of
           the member ^tate referred to in ^                        A member ^tate of transit intending to exercise the right
           conferredupon it inthis subparagraph s h a l l c o m m u m c a t e i t t o t h e O ^ o m m i s s i o n a n d o t h e r ^ t e m b e r
           states ^t may not exercise this right earlier than three months following such communication
        11 (Objections mustbesubstantiatedon t h e b a s i s o f laws and regulations relating to healthprotection,
           environmental protection,public policy or public security which aremconformitywiththisUirective
           or with other community instruments
        1^ (Once the competent authorities of the member ^tate referred to inparagraphlO are satisfied that the
           problemsgiving rise totheirobjectionsha^e been resolved,they shall immediately send an acknowl^
           edgement to the holder of the radioactive waste w i t h a c o p y to the consignee of the radioactive waste
           and, where applicable, to the competent authorities of the other member ^ t a t e ^ concerned, and,
           where applicable, to the third ^tate of destination and the third ^ t a t e ^ of transit
        M The acknowledgement forwarded by the competent authorities of the member ^tate referred to in
           paragraph 10 to the holder of the radioactive waste pursuant to this Anne^ shall not release the
           producer of such waste or any other person from his obligations under existing national and
           Community provisions
        14 Without prejudice to paragraphs 9 and 10, and where applicable, the competent authorities of the
           member ^tate of dispatch, and those of the member ^tate or states of tansit, if a n y , s h a l l h a v e l ^ days
           following the notification in which to lay down, if appropriate, conditions in respect of the shipment of
           radioactive waste in their national territory Triese conditions, which shall be forwarded to the holder
           of theradioactivewaste, with a c o p y to thecompetent authorities of the member states concerned,
           may not be more stringent than those laid down in respect of similar shipments effected wholly within
           the member ^tatein^uestion andshall take dueaccount of e^istingagreements r h e holder of the
           radioactive waste must comply with these conditions to be able to carry out shipments
 ---pagebreak--- 10. 1. 90                               Official Journal of the European Communities                                     No C 5/11
                                                                PART IV
               General notification procedure
          15. The holder of the radioactive waste may use a general notification procedure where radioactive waste
               having the same physical, chemical and radioactive characteristics is shipped regularly to the same
               consignee from the same installation.
               If the shipments involve third States, a general notification procedure may only be used where
               shipments take place via the same customs office of entry and/or exit of the Community and via the
               same customs office of the third State(s) concerned.
          16. The competent authorities of the Member State referred to in paragraph 10 and, where aplicable, those
               of the Member State or States of transit, may make their agreement to the use of this general notifi-
               cation procedure subject to the supply of certain information, such as the exact quantities or periodical
               lists of radioactive waste to be shipped.
           17. Under the general notification procedure, a single acknowledgement within the meaning of paragraph
               9 may cover several shipments of radioactive waste during a maximum period of one year.
          18. General notification shall be by means of the consignment note.
                                                                PARTV
               Shipment of the radioactive waste
          19. Upon receipt of the acknowledgement referred to in Part III and Part IV, the holder of the radioactive
               waste shall complete the consignment note and send copies to the competent authorities of the
               Member State(s) concerned and, where applicable, through the channel of the competent authority of
               the Member State which issued the acknowledgement to the third State(s) concerned before shipment
               is carried out.
          20. A copy of the consignment note, including the acknowledgement, shall accompany each shipment.
          21. All undertakings subsequently involved in the operation shall complete the consignment note where
               indicated, sign it and retain a copy of it.
                                                                PART VI
               Receipt of the radioactive waste
          22. Within 15 days following receipt of the radioactive waste, the consignee of the radioactive waste shall
               forward to the holder of the radioactive waste, to the competent authorities of the Member State(s)
               concerned and, where applicable, through the channel of the competent authorities of the Member
               State which issued the acknowledgement to the third State(s) concerned, copies of the duly completed
               consignment note. These copies shall be kept for at least two years.
          23. By way of derogation from paragraph 22, when radioactive waste leaves the Community for a desti-
               nation in a third State, the customs service in the last Member State through which the shipment passes
               shall forward a copy of the consignment note to the competent authorities in that Member State,
               which, in the case referred to in paragraph 10 (d), shall also forward a copy to the competent auth-
               orities in the Member State of dispatch. These copies shall be kept for at least two years.
          24. The holder of the radioactive waste shall also declare or certify to the competent authorities of the
               Member State referred to in paragraph 10 (c) or (d), not later than six weeks after the radioactive
               waste has left the Community, that the radioactive waste has reached its proper destination in the third
               State mentioned in paragraph 23 and shall indicate the last customs post in the Community through
               which the shipment passed. This declaration or certification shall be substantiated by a declaration or
               certification of the consignee of the radioactive waste stating that the waste has reached its proper
               destination and indicating the customs post of entry in the third State.
 ---pagebreak--- N o C 5/12                                Official J o u r n a l of the E u r o p e a n Communities                       10. 1. 90
                                                                     P A R T VII
                   Duty to take back
            25. Whenever a shipment of radioactive waste cannot be completed, the competent authorities of the
                   Member State of dispatch shall ensure that the radioactive waste in question is taken back by the
                   holder of the waste.
            26. In case of shipments of radioactive waste from a third State to a destination within the Community,
                   the competent authorities of the Member State of destination shall ensure that the consignee of the
                   waste shall negotiate a clause with the holder of the radioactive waste established in the third State
                   obliging the holder of the radioactive waste to take back the waste whenever a shipment cannot be
                   completed.
                                                                    PART VIII
            27. Member States shall forward to the Commission not later than 31 January 1992 the name(s), addresses
                   and telephone and telex numbers of the competent authorities.
                   Member States shall forward regularly to the Commission any modifications to such data.
            28. The Commission shall forward the information referred to under paragraph 27 without delay to the
                   other Member States.
                                                                     PART IX
                   Reports by Member States
            29. Every two years, and for the first time on 31 January 1994, Member States shall forward to the
                   Commission reports on the implementation of this Annex and on the situation with regard to
                   shipments concerning their respective territories.
            30. These reports shall in particular comprise the following information:
                   — any significant irregularities in shipment of radioactive waste covered by this Annex which has
                       involved or may yet involve serious hazards for man or the environment,
                   — the quantity and type of radioactive waste produced in their territory and subsequently shipped,
                   — the quantity and type of radioactive waste produced in their territory and subsequently exported to
                       other Member States and to third States,
                   — the quantity and type of radioactive waste which has entered their territory.
                                                                     PARTX
                   Summary report by the Commission
           31. On the basis of the reports referred to in Part IX, the Commission shall prepare a summary report
                   every two years, which it shall submit to the European Parliament, the Council and the Economic and
                   Social Committee.
                                                                     PART XI
                   Preparation and adaptation of the uniform consignment note
           31. The Commission shall be empowered to draw up, in accordance with Part XII hereinafter, the uniform
                  consignment note referred to in Part II, paragraph 6.
           33. The Commission shall be assisted by the Technical Committee set up under Article 18 of Council
                  Directive 78/319/EEC of 20 March 1978 on toxic and dangerous waste (').
           ( ' ) O J No L 84, 31. 3. 1978, p. 43.
 ---pagebreak--- 10. 1. 90                               Official J o u r n a l of the E u r o p e a n Communities                        N o C 5/13
              The representative of the Commission shall submit to the Committee a draft of the uniform
              consignment note. 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; in addition, each Member State shall have the right to
              ask to have its position recorded in the minutes.
              The Commission shall take the utmost account of the opinion delivered by the Committee. It shall
              inform the Committee of the manner in which its opinion has been taken into account.
          34. The Commission shall also be empowered under the same procedure, to adapt the consignment note to
              technical progress.
                                                                  PART XII
              Content of the uniform consignment note
                                                                  SECTION A
              Information to be provided on notification and transport arrangements
                1. Holder of the radioactive waste. Full name or company's name and address, telephone and telex
                    numbers, and where applicable, registration number.
                    Declaration by the holder that the information is correct: place, date, signature of holder (a).
                2. Accompanying document number. General notification or notification of a single shipment.
                3. Serial number assigned to each shipment (starting with 1). Not applicable if the notification relates
                    to a single consignment (b).
               4. Consignee of the radioactive waste. Full name or company's name and address, telephone and
                   telex numbers.
               5. Producer of the radioactive waste. Full name or company's name and address, telephone and telex
                   numbers of the plant or the establishment where the radioactive wastes were produced and the
                   name of the person to be contacted.
                   When the wastes are produced by more than one producer, list indicating the information required
                   for each producer.
               6. Carrier of the radioactive waste. Full name or company's name and address, telephone and telex
                   numbers of the first carrier. Where applicable, the licence number. If more than one carrier is
                   involved, list indicating the information required for each carrier (b) (c).
               7. Information relating to the contractual agreement between the holder and the consignee of the
                   radioactive waste.
               8. Number of annexes attached to the notification (d).
                   (a) Number of annexes attached to the form accompanying the shipment (b) (e).
               9. Place of generation.
             10. Place of destination.
             11. Provisions made for insurance against damage to third parties. If required, name and full address
                  of the insurer, number of policy and the last day of validity of the policy.
             12. Identity of means of transport. Type and registration number or name of the means of transport
                  (lorry, wagon, ship, aeroplane) on to which the radioactive waste is loaded (b).
 ---pagebreak--- No C 5/14                          Official Journal of the European Communities                                      10. 1. 90
          13. Mode of transport code number:
              1: sea, 2: rail, 3: road, 4: air, 8: inland waterway.
          14. Date of first shipment.
          15. Date of last shipment.
          16. Total number of shipments intended.
          17. Actual date on which the shipment commences (b).
          18. Number (digits) and type of the packages containing the radioactive waste (b).
          19. Code number of the radioactive waste in the country of dispatch, when used.
          20. Code number of the radioactive waste in the country of destination, when used.
          21. Intended quantity of the radioactive waste to be shipped (in kilograms).
          22. Name, physical characteristics and chemical composition of the radioactive waste. Nature and
              concentration of the most characteristic or significant components, in terms of the toxicity and
              other dangers presented by the radioactive waste. If possible, analysis referring to the management
              operations envisaged, particularly in the case of an initial shipment.
              (a) Radionuclides of main radiological significance present in the radioactive waste and corre-
                   sponding activities (in becquerds).
          23. Actual quantity of radioactive waste transported (in kilograms) (b).
              (a) Actual radionuclides of main radiological significance transported and corresponding activity
                   (in becquerds) (b).
          24. United Nations classification number.
          25. Process by which the radioactive waste was generated.
          26. Nature of the risk subsidiary to the radioactive risk: explosive, oxidizing, flammable, toxic,
              harmful, corrosive.
          27. Outward appearance of the radioactive waste at the temperature of transportation: powdery/
              powder, solid, viscous/paste, sludgy, liquid, gaseous, other. Colour. Temperature of transportation
              in degrees Celsius.
          28. Code number of the competent authorities of the Member States concerned, if required.
          29. Intended radioactive waste management operations.
          30. Customs office of entry in the Community.
          31. Declaration by the holder and the carrier that the information concerning points 3, 6, 8, 12, 17,
               18, 23 and 23 (a) is correct: place, date, signature of holder and carrier (a) (b).
          (a) In signing the forms, the holder and the carrier, as indicated, certify that the information they have
              provided is correct.
          (b) This information is to be given by the holder with the carrier's agreement after receipt of the
              acknowledgement by the competent authority.
          (c) A carrier who is not required to hold a licence should be able to demonstrate that he complies with
              the rules of the Member States concerned in respect of transport of the radioactive wastes
              designated in the form.
 ---pagebreak--- 10. 1. 90                              Official J o u r n a l of the E u r o p e a n Communities                   N o C 5/15
               (d) Information, signed by the consignee, relating to the contractual agreement between the holder
                   and the consignee concerning the radioactive waste referred to in the notification in question.
                   If applicable:
                   — list of producers /carriers (5 and 6),
                   — details concerning the radioactive waste (22 and 22 (a)),
                   — proof of the written agreement to the shipment of the third State of destination,
                   — information on the capacity of the consignee to properly manage the radioactive waste.
               (e) Including, where appropriate, any special condition made by the competent authority of the
                   Member States of dispatch and of transit with respect to the shipment of the waste on their
                   territory and instructions to be followed in the event of danger or an accident.
                                                                 SECTION B
                                                              Acknowledgement
               1. Date of receipt of notification.
              2. Date on which acknowledgment is sent.
              3. Period of validity of acknowledgement.
              4. Whether acknowledgement applies to a single shipment or to several shipments.
              5. Existence of special transport conditions, if any.
              6. Date, signature and stamp of competent authority.
                                                                 SECTION C
                                                           Receipt by the consignee
              1. Declaration by the consignee that he has received the radioactive waste and the quantity thereof.
                  Place, date, signature of the consignee.
                                                                 SECTION D
                                                             Customs endorsement
              1. Address of customs post through which the radioactive waste leaves the customs territory of the
                  Community.
              2. Declaration that the radioactive waste has been exported from the customs territory of the
                  Community.
              3. Customs declaration, which must be endorsed.
              4. Date of exit.
              5. Date, stamp and signature of customs authority.
                                                                 PART XIII
              Designation of the competent authorities
          35. Member States shall designate the competent authorities for the purpose of Part III.'