CELEX: 51992PC0520
Language: en
Date: 1992-12-04
Title: Proposal for a COUNCIL REGULATION (EURATOM) on shipments of radioactive substances within the European Community

COMMISSION OF THE EUROPEAN COMMUNITIES
                                        COM(92) 520 final
                                        Brussels, 4  December 1992
îjffc
                           Proposal for a
                     COUNCIL REGULATION (EEC)
                 SHIPMENTS OF RADIOACTIVE SUBSTANCES
                    WITHIN THE EUROPEAN COMMUNITY
                   (presented by the Commission)
 ---pagebreak---                                        NOTICE
  The Commission adopted on 23 July 1992 a draft proposal for a Council
  regulation on shipments of radioactive substances within the European
 Community^*),      in accordance with Article 31 of the Euratom Treaty, the
  document has been submitted to the Economic and Social Committee for their
 opinion which was adopted by that Committee in its plenary session of 24-
  25 November 1992.
  Fol lowing ^he opinion of the Economic and Social Committee, the Commission
  mod if «rod its initial document as set out in the present document.
<*) Doc. SEC(92) 1538 final
 ---pagebreak---                                                 - 2 -
                                EXPLANATORY MEMORANDUM
   In Ruling t/78 of 14 November         t978 delivered pursuant      to the third
   paragraph    of   Article   1.03 of    the   Euratom   Treaty,   the Court    of
            1
  Justlce< >    stated   that   "[The nuclear    common market] relates      to the
   I iberalizatton of transfers of nuclear materials and of specialized
  materials and equipment without         these movements being obstructed by
  barriers resulting directly or indirectly from national           legislation o n
  fiscal, commercial or technical matters.         Like the EEC Treaty the EAEC
 Treaty    seeks   to  set u p , with   regard   to matters    covered   by  It, a
 homogeneous economic area".        In this context it i-s not appropriate for
Member States to exercise border controls for achieving the objectives
of title two chapter III Health and Safety of the Euratom Treaty, when
these objectives can be achieved as effectively through other means.
The    Commission     recently   proposed* 2 *   a   revision   of   the  council -
Directive     l-aying  down   the basic    safety    standards   for  the health
protection of the general public and workers against              the dangers of
ionizing radiation which,        inter alia, adapts the existing       provisions
in order to facilitate the abolition of border controls.
The    attached    proposal   supplements     the Directive    80/836/Euratorn* 3)
presently     in force and it constitutes an interim measure necessary to
cover the period between 31 December 1 9 9 2 , date of implementation of
 Article 8a of the EEC Treaty, and the date of implementation of the
 amended    Directive,    it   alms  at   maintaining    the present     level  of
 radiation protection, while allowing Member States to progress towards
 the    homogeneous    economic   area  sought    by   the Euratom   Treaty.   The
 proposal does not address questions of Nuci-ear Non-Proliferation nor
 of Nuclear Export Controls, for which appropriate proposals have been
 announced* 4 *.
  (1) Rep. 1978, p. 2151 (2172)
  (2) SEC(92) 1322 final
  (3:) O.J. L246 Of 17.09.80 and O.J. L265 Of 5.10.84
  (4) SEC(92) 1085 final
 ---pagebreak---                                       - 3 -
In view of the urgency of the proposed measures, it is desirable that
they should    take   the form of      a regulation, which      is of    immediate
application.. The Regulation will appl.y to all 'radioactive substances'
including    radioactive    waste,     which   is   subject   to   the    specific
requirements    of  Directive    92/3/EURAT0M,     to  be   iimplemented   by  the
Member States before 1 January 1994.
The proposed Regulation comprises two essential provisions:
    the exclusion of frontier controls between Member States;
    a   requirement    for  the   consignee    of   radioactive   substances    to
    provide the holder of such substances with a written declaration on
    compliance with relevant national         legislation., when he intends to
    receive radioactive substances from another Member State.
The Regulation will remain in force for radioactive substances other
than waste, unless and until         it is superseded     by the new Directive
revising    Directive    80/836.    As   to   radioactive    waste,    the   prior
declaration system will cease to apply once the national               provisions
implementing Directive 92/3 come into force.
The  proposed    measures   apply   to   shipment   of  radioactive    substances
between Member States and they comply with Article 2(b) of the Euratom
Treaty   which   requires   the   Community    to   "establish   un i form   safety
standards to protect the health of workers and of the general public
and  ensure    that   they   are   applied".    Analogous   measures    taken   at
national level would not ensure intracommunlty efficacity and would not
respond   to the requirement of uniformity explicitly set out by the
Treaty.
 ---pagebreak---                                  - 4 -
                        Proposal for a Council Regulation
                     on Shipments of Radioactive Substances
                          within the European Community
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having    regard  to  the  Treaty   establishing   the    European   Atoml:c Energy
Community and in particular Articles 31 and 32 thereof,
Having   regard   to the proposal    from  the commission*1),      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.
Having regard to the opinion of the European Parliament*2'),
Having regard to the opinion of the Economic and Social Committee^ 3 ).
Whereas the Council has adopted Directives laying down the basic standards
for the protection of the health of workers and the general public against
the    dangers   arising   from   ionizing   radiât i o n W ,  most    recently  in
Directive 80/836/Euratom($),           which         was         amended    by
                             6
D i rectIve 84/467/Euratom< >;
(1)
(2)
(3)
(4) OJ No 11, 20.2.1359. p. 221/59.
(5) OJ No t 246, 17.0.1980, p. 1.
(6) OJ Mo L 265. 5.10.1984, p. 4.
 ---pagebreak---                                    - 5 -
Whereas, pursuant     to Article 2 of Directive 80/836/Euratom, these basic
safety    standards   appl.y   inter   alia   to   the    transport     of   radioactive
substances;
Whereas, pursuant     to Article 3 of Directive 80/836/Euratom,             each Member
State must make compulsory        the reporting of activities which            involve a
hazard arising from Ionizing radiation;         whereas, in the I light of possible
dangers and other relevant considerations these activities are subject to
prior authorisation in cases decided upon by each Member State-,
Whereas    Member  States    have   consequently    set   up    systems    within   their
territories     in  order     to   meet   the    requirements       of    Article 3    of
Directive 80/836/Euratom;      whereas, therefore, by means of             the   Internal
controls that Member States apply on the basis of national rules consistent
with existing Community and any relevant international requirements. Member
States continue to ensure a comparable          level of protection within their
terr itor ies;
Whereas shipments of radioactive waste between Member States and into and
out  of   the Community     are subject    to the specific measures           set  up by
                           7
Directive 92/3/Euratom^ ^;       whereas Member    States     are  required     to bring
into   force   not  later    than   1 January   1994    the    laws,   regulations    and
administrative provisions necessary to comply with Directive 92/3/Euratom;
Whereas the Court of Justice has stated           in its Ruling 1/78 pursuant to
                               81
Article 103 of the Treaty* ) that movements of nuclear materials may not
be obstructed by barriers resulting directly or             indirectly from national
legislation on fiscal, commercial or technical matters;
(7) 0J No L 35. 12.2.i;992, p. 24
(8) Rep. 1978, p. 21151 (2.172).
 ---pagebreak---                                        - 6 -
 Whereas in this area controls need not be carried out at internal frontiers
 when their purpose can be achieved as effectively by a uniform system of
 declarations and routine checks performed throughout the territories of the
 Member States;
 Whereas   to this end    It  Is necessary that the consignee of      radioactive
 substances should furnish the holder with a declaration, endorsed by the
 competent authorities of the Member States to which the shipment Is to be
 made;   whereas the efflcaclty of this system is best ensured by the use of
 a standard document;    whereas, however, such a system cannot apply to shipments of
 radioactive    substances carried out by or on behalf of the Commission within the
 framework of the tasks assigned to it by the Treaty.
Whereas    the  adoption   of   a  system  abolishing   frontier   controls  and
introducing    a requirement    for such  a declaration   would   also meet  the
objectives of    the  Internal market while ensuring an adequate        level of
radiation protection for the general public and for workers.
HAS ADOPTED THIS REGULATION
                                    Article 1
                                      Scope
This Regulation shall apply to shipments of radioactive substances between
Member States, whenever the quantities and concentrations exceed the levels
laid down in Article 4(a) and (b) of Directive 80/836/Euratom.          It shall
also    apply    to   shipments    of   radioactive   waste    as   defined   In
Directive 92/3/Euratom.
 ---pagebreak---                              - 7 -
                                   Article 2
                                  Definitions
For the purposes of this Regulation:
     'shipment' means transport operations from the place of origin to the
    place of destination, including loading and unloading, of radioactive
    substances,
    the   'holder' of  radioactive   substances means any    natural   or legal
    person    who,  before   carrying    out  a   shipment,   has    the  legal
    responsibility for such materials and Intends to carry out shipment to
    a consignee,
-   the 'consignee' of radioactive substances means any natural or legal
    person to whom such material is shipped,
    'radioactive   substance', has   the meaning given    to  it  in Directive
    80/836/Euratom,
    'activity', has the meaning given to it in Directive 80/836/Euratom..
                                   Article 3
Checks carried out under Community      law or national  law in the event of
shipments of radioactive substances shall not take the form of controls at
frontiers, but shall be conducted solely within the context of routine
checks performed in a non-discriminatory manner throughout the territory of
a Member State.
 ---pagebreak---                                   - 8 -
                                  Article 4
1.  A holder of radioactive substances who intends to carry out a shipment
of such substances, or to arrange for such a shipment to be carried out,
shall   obtain a   prior  written  declaration  by  the  consignee  of  the
radioactive substances to the effect that the consignee has compiled, in
the Member State of destination, with all the relevant requirements of the
national provisions implementing Article 3 of Directive 80/836/Euratom and
with all requirements regarding financial    arrangements for ensuring the
safe storage or disposal of the radioactive substances when no longer used.
The declaration shall be made by means of the standard document set out in
Annex I.
2.  The declaration referred to in 1 shall be endorsed by the competent
authorities of the Member States to which the shipment is to be made.
3.   This Article shall cease to apply as regards shipments of radioactive
waste when the holder Is required, in compliance with the national
provisions implementing Directive 92/3/Euratom., to obtain an authorisat ton
for the shipment.
 ---pagebreak---                                           - 9 -
                                       Article 5
    1. The declaration referred to in Article 4 may refer to more than one
    shipment, provided that:
             the radioactive substances to which it relates have essentially the
             same physical, chemical and radioactive characteristics, and
             the radioactive substances to which it relates do not exceed the
             levels of activity set out in the declaration, and
             the shipments are to be made from the same holder       to the same
             consignee and involve the same competent authorities.
    2. The endorsed declaration shall be valid for a period of not more than
    three years.
                                      Article 6
    The competent authorities of Member States shall co-operate in ensuring the
    application   of  this  Regulation   as  regards  shipments   of  radioactive
    substances.
                                      Article 7
1. Nothing    in this Regulation shall affect    the obligations resulting   from
   Directive 92/3/Euratom.
2. The present regulation does not apply to shipments of radioactive
   substances carried out:
        between the establishments within the meaning of        Article 8,
        paragraph 2, of the treaty,
        by the Commission, or at the request of it, within the
        framework of its mission under the terms of the second title,
        Chapter VII, of the treaty.
 ---pagebreak---                                       - 10 -
                                     Article 8
 1.  This Regulation shall enter into force on the fifteenth day following
that   of    its  publication    in  the   Official   Journal   of    the  European
Commun i t i es.
2.  This    Regu I at Ion sha 11  be  b I nd i ng in  its  en.t I ret y  and  d i rec 11 y
applicable in all Member States.
©one at Brusse I s         1992
                                                   For the Counc iI,
                                                   The President,
 ---pagebreak---                           - 11     ANNEX I
     SHIPMENTS OF RADIOACTIVE SUBSTANCES WlfTHIN THE EUROPEAN COMMUNITY
          STANDARD DOCUMENT UNDER COUNCIL REGULATION N* XX/XXEURATOM
 1.  DECLARATION FOR                          DECLARATION FOR
     A SINGLE SHIPMENT                       MORE THAN ONE
                                              SHIPMENT
              •                                   •
     CONSIGNEE OF THE RADIOACTIVE SUBSTANCES
     Place of destination of the radioactive substances ...
     Responsible Person ...
3.   THE CONSIGNEE IS SUBUECT TO
3.1. REPORTING     [—|                       3.2. AUTHORISATION
     REPORTING WAS MADE                      AUTHORISATION DELIVERED
     ON (date) ... PLACE ...                 BY (name of competent
     TO (name of the competent               authority) ...
     author i ty) ...                        ON (date) ... PLACE ...
3.3. Maximum activity and principal radionuclides mentioned In the
     reporting/authorisation ...
4.   DESCRIPTION OF THE RADIOACTIVE SUBSTANCES TO BE SHIPPED
4.1. Maximum activity and principal radionuclides ...
5.   HOLDER OF THE RADIOACTIVE SUBSTANCES ...
6.   ADDITIONAL INFORMATION ...
                                                                     >
7.   CONSIGNEES DECLARATION
     I* is hereby certified that the information given above is correct
     DATE ...
     NAME ...
     SIGNATURE ...
8.   ENDORSEMENT BY THE COMPETENT AUTHORITIES AND DATE OF EXPIRY
     NAME ...                                Date of expiry of the
     ADDRESS .                               endorsed declaration
     DATE . . .
     STAMP ...
     S IGNATURE
 ---pagebreak---                                                Il
                                                                      ISSN 0254-1475
                                                               COM(92) 520 final
                                                      DOCUMENTS
EN                                                                               14
                                 Catalogue number : CB-CO-92-542-EN-C
                                                             ISBN 92-77-50232-0
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