CELEX: 51993PC0235
Language: en
Date: 1993-05-26
Title: Amended proposal for a COUNCIL REGULATION (EURATOM) - SHIPMENTS OF RADIOACTIVE SUBSTANCES WITHIN THE EUROPEAN COMMUNITY

COMMISSION OF THE EUROPEAN COMMUNITIES
      SSSS-J»
                                                             C0M(93) 235 final
                                                             Brussels, 26  May 1993
                                        Amended proposal for a
                                      COUNCIL REGULATION f CURATOR
Igllïw^ÏKW^»»                     SHIPMENTS OF RADIOACTIVE SUBSTANCES
                                     WITHIN THE EUROPEAN COMMUNITY
       M W t H
                        (submitted by the Commission pursuant to article 119,2
                                          of the EAEC Treaty)
   ^i:?s
   F,j|fe»W«,«*'M
 ---pagebreak---                                            -4-
                                  EXPLANATORY MEMORANDUM
  At  its sitting of        21 April     1993, the European       Parliament     gave   its
  opinion on a proposal         for a Council regulation (Euratom) on shipments
  of radioactive substances within the European Community.                  The proposal
  was approved by the Commission on 4 December 1992(D having considered
  the    opinion      given    by    the   Economic      and    Social     Committee     on
                             2
  25    November       1992^ ^     on    a    draft     proposal     put     forward     on
  23 July 1992<3>.
  The present modified proposal takes account of the amendments requested
  by the European Parliament where the Commission has been able to accept
  them.
  The Commission       accepted amendment      No. 4 spelling out explicitly           that
  special     controls     on    shipments    of   radioactive      substances     can   be
  performed, as long as they are not discriminatory (article 3 ) .
  It also accepted amendment No. 5 clarifying the meaning of "disposal"
  (in article 4(1) French          language version only).         The Commission      also
  accepted     to   clarify    that   the   proposed    regulation     does   not   affect
  existing     provisions     under   Chapter    VII  -   SAFEGUARDS     of  the   Euratom
  Treaty,    nor   does   affect    those under     the Convention      on  the   physical
  protection of nuclear materials notably those of                informing    in advance
  States    through     which    the  nuclear    material    is   expected    to   transit
  (amendments     No. 9 and compromise         amendment    No.   15, see 5th      whereas
  clause; new article 7,2 and 7,3).
  (1) C0M(92)520 Final, O.J. C 397 of 31.12.1992
  (2) ...
  (3) SEC(92)1538 Final
\
 ---pagebreak--- The Commission accepted amendment No. 11 regarding            information to be
supplied by the Commission to the European Parliament (art. 8 new), and
also accepted amendment No. 12 on information to be exchanged between
the national competent authorities within the framework of Article 6.
The  Commission    also  accepted   to apply      the  regulation  to   shipments
effected by the Commission or on its behalf, as proposed by amendment
No. 13 (art. 7,4). The Commission accepted compromise amendment No. 16
asking to modify the standard document annexed to the regulation by
giving instructions how to fill out in of the document, in particular
to provide    information on    intended use of the substances and on the
transport operations and related insurances..
The Commission could not accept amendment No. 1 proposing that Member
States   conform   with   the  Member    State   which   has  adopted   the  most
stringent measures in the field.        The proposed amendment would in fact
prevent the correct application of the As Low As Reasonably Achievable
(ALARA) principle required by Article 6 of directive 80/836/Euratom.
The Commission could not accept amendment No. 2 proposing a moratorium
on   shipments    of   substances    likely    to   play   a  role   in   nuclear
proliferation, or     intended for export, except those used for medical
purposes,    pending   the  adoption    and   implementation    of  the   Council
regulation (EEC) on the control of export of certain dual-use goods and
technologies and of certain nuclear products and technologies, proposed
by the Commission^ 4 ).    Radioactive substances which at the same time
are dual-use goods in the meaning of C0M(92)317 Final are subject to
the provisions of Chapter VII Safeguards of the Euratom Treaty. Special
fissile materials as defined by Art. 197 of the Euratom Treaty are also
subject   to the provisions of       the   1980 New York     convention on    the
Physical   Protection of Nuclear Materials, to which the Community and
all  its Member States are party.        All Member States of the Community
have also subscribed to the Nuclear Suppliers Export Guidelines, better
(4) C0M(92) 317 Final
 ---pagebreak---                                     -3-
known as "London Guidelines" concerning export and physical protection
of such materials.    The Commission therefore considered that sufficient
control is presently exercised on radioactive substances likely to play
a role   in nuclear proliferation as to make unjustified         the proposed
moratorium on their intra-Community shipments.
The Commission could not accept amendment No. 3 aiming at prohibiting
air  transport   of  radioactive   substances   except   those  intended   for
medical purposes.    The regulation has the limited objective of ensuring
that the consignee of radioactive substances is known to the national
authorities   competent   for radiation protection     in his country.     The
safety of transport of radioactive substances is ensured worldwide by
the   application   of   the  Regulations    for   the   Safe  Transport    of
Radioactive materials issued by the International Atomic Energy Agency
(IAEA).
The  IAEA  regulations   are  incorporated   into the major     international
agreements   on  transport   of  dangerous   goods,   of  which    radioactive
substances are a class.
As regards specifically air transport, the carriage of dangerous goods
by air   is regulated by the International Civil Aviation Organisation
(ICAO) which issued the "Technical     instructions for the safe transport
of dangerous goods by air".     The ICAO Instructions are in force in all
the Community Member States and they embody the provisions of the IAEA
regulations.
 ---pagebreak---                                       -¥-
All   the opérât ions and conditions associated with          the movement of
radioactive materials, such as the design, manufacture , maintenance
and preparation of packages and their dispatch, handling,             routing,
storage during     transport   and   reception on delivery     of  radioactive
substances are dealt with by the Commission within             the context of
transport.    Two communications from the Commission on the transport of
radioactive materials in the European Community, together with reports
on the same subject from a special working party to the Commission,
were transmitted      to the Council    and to the European Parliament      in
                     6
 1984(5) and 1989< ).     A third report     is presently in preparation and
on   its basis the Commission       may   identify possible actions     in the
field, taking into account the activities going on within the IAEA.
The Commission could not accept amendments No. 6 and No. 10 proposing
an    involvement    in   the   application     of  the   regulation   of  the
Commission's services responsible for the application of Chapter VI
Supplies    and    Chapter    VII    Safeguards    of   the   Euratom   Treaty
respectively.    The regulation deals with radiation protection, which
 is the subject of Chapter ill of the Euratom Treaty, and it has to be
applied    Independently    from,   and   in   addition  to,   the  provisions
stemming from the other Chapters of the Treaty mentioned.
(5) C0M(89)233 Final
(6) SEC(89)801 Final
 ---pagebreak---         MODIFIED PROPOSAL FOR A COUNCIL REGULATION (EURATOM) ON SHIPMENTS
             OF RADIOACTIVE SUBSTANCES WITHIN THE EUROPEAN COMMUNITY
              (Submitted by the Commission pursuant to article 119,2
                                of the EAEC Treaty)
            Original text                          Modified text
                                            (5th whereas clause, new)
                                        Whereas special fissile materials
                                        as defined by Article 197 of the
                                        Euratom Treaty are subject to the
                                        provisions of Chapter VI I
                                        Safeguards of that Treaty and the
                                        transport of such materials is
                                        subject   to the      international
                                        convention    on    the    physical
                                        protection of nuclear materials
                                        (IAEA, 1980).
              Article 3                              Article 3
Checks carried out under Community      Checks     carried     out    under
law or national law in the event        Community law or national law in
of    shipments     of   radioactive    the   event    of    shipments   of
substances    shall    be conducted     radioactive substances shall be
solely within the context of            conducted    solely    within   the
routine checks performed in a non-      context of routine or special
discriminatory manner throughout        checks   performed     in a non-
the territory of a Member State.        discriminatory manner throughout
                                        the territory of a Member State.
              Article 6                              Article 6
The    competent    authorities   of    The competent      authorities of
Member States shall co-operate in       Member States shall co-operate in
ensuring the application of this        ensuring the application of this
Regulation as regards shipments of      Regulation as regards shipments
radioactive substances.                 of radioactive substances.
                                        The cooperation may include the
                                        exchange of information on the
                                        number of shipments and the
                                        highest single quantity of each
                                        radionuclide delivered to each
                                        consignee.
 ---pagebreak---                                       r
               Original text                        Modified text
               Article 7                         Article 7
    Nothing in this Regulation          Nothing in this Regulation
    shall affect the obiigat ions       shall affect the obiigat ions
     resulting      from   Directive    resulting     from     Direct ive
    92/3/EURATOM.                       92/3/EURATOM.
    The present regulation does      2. Nothing in this Regulation
    not apply to shipments of           shall affect the obligations
     radioactive substances carried     resulting from Chapter VII-
    out :                               Safeguards of      the Euratom
         between the establishments     Treaty.
         within     the meaning of
         Article 8, paragraph 2, of  3. Nothing in this Regulation
         the Treaty;                    shall affect the obligations
         by the Commission, or at       resulting from the Convention
         the request of it, within      on the physical protection of
         the     framework  of   its    nuclear    materials.     notably
         mission under the terms of     those of informing in advance
         the second title, Chapter      States    through    which    the
         VI I, of the Treaty.           nuclear material is expected
                                        to transit.
                                              Article 8 (new)
                                     Every two years, and for the
                                     first time on 31 May 1995, Member
                                     States shall forward        to the
                                     Commission     reports    on     the
                                     implementation        of        this
                                     regulation.
                                     On the basis of these reports,
                                     the Commission shall prepare a
                                     summary report for the European
                                     Parliament, the Council and the
                                     Economic and Social Committee.
Former Article 8 becomes Article
9.
 ---pagebreak---                                                           /
                                                 ANNEX
   SHIPMENTS GF RADIOACTIVE SUBSTANCES WITHIN THE EUROPEAN OQMMUNTIY
              Sia&dstd document, puxxaznt to Cotmdl Rcgtdbôaa. (Eaxatow) No - . - / - . -
             Notice
             - the consignee                     of     radioactive
                substances shall complete boxes i~
                to 7 and send this form to the
                relevant competent authority in his
                country. [ ~~ '•                    "       ~~°
             - the competent authority endorsing
                 the consignee declaration shall
                 fill In box 8 and return this form
                 to the consignee,
             - box 6 will be used by the consignee
                 for any additional Information such
                 as :
                 - Intended use of the radioactive
                     substances.
                 - information on the transport
                    operations effecting the shipment
                     and             related             fnsurances.
      DECLARATION FOR A SINGLE                            DECLARATION FOR MORE THAN ONE
      SHIPMENT                    i                       SHIPMENT
                      •••'                                                    D
      CONSIGNEE OFTHE RADIOACTIVE SUBSTANCES:
      Place of destination of the radioactive jubsanco:
       Responsible person:          •                 -
3.    THE CONSIGNEE IS SUBJECT T O :
3.1.   REPORTING
       Reponiog yns made
                                                 D          3JL AUTHORIZATION
                                                                                                 •
                                                                Attthoâzaiïôa, delivered by (fixmc
                                                                oompeteox auttonty)
                                                                                                   of
       On (dite)                           „
       Place                          ,        *                O n (date)
       To (name of die competent authority)                     PLU3C
 33.    Maximum activity and jKrndpal radioatldîdci tneackmed ta t t c iraTOttinç/aathorizztion:
 ---pagebreak---                                                      s
   <   DESCRIPTION OFTHE RADIOACTIVE SUBSTANCES TO BE SHIPPED:
  4.L  Maxîtnnro, actjrîty <ad pôndpal radBomcfidcar
   S.  HOUJEROFTHERADrOACTTVESUBSTANCESî
   «.  ADDITIONAL INFORMATION:
                                                                                                          it*.
                                                                                                          ïv
      CONSIGNEES DECLARATION:
>
      lt h hereby certified, dbat tb« information grrca above h correct.
      Date
      Name:
      Signature:
ft     ENDORSEMENT BY THE COMPETENT AUTHORITIES AND DATE OF EXPIRY:
       Name:
       Address:
                                                            Date of «cptry of tie endowed declaration:
       Date: —
       Scamp:
       Signature:
                                                                                                       1/
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1475
                                                               COM (93) 235 final
                                                      DOCUMENTS
EN                                                                         15 14
                                 Catalogue number : CB-CO-93-265-EN-C
                                                             ISBN 92-77-56152-1
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