Council Regulation (Euratom) No 1493/93Dangos y teitl llawn

Article 1

1. This Regulation shall apply to shipments, between Member States, of sealed sources and other relevant sources, 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, between Member States, as covered by Directive 92/3/Euratom.

2. In the case of nuclear materials, each Member State carries out all necessary controls, within its own territory, in order to ensure that each consignee of such materials, which are the subject of a shipment from another Member State, complies with the national provisions implementing Article 3 of Directive 80/836/Euratom.

Article 2

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 under national law for such materials and intends to carry out shipment to a consignee,

• the cosignee of radioactive substances means any natural or legal person to whom such material is shipped,

• sealed source has the meaning given to it in Directive 80/836/Euratom,

• other relevant source means any radioactive substance not being a sealed source intended for direct or indirect use of the ionizing radiation it emits for medical, veterinary, industrial, commercial, research or agricultural applications,

• radioactive waste has the meaning given to it in Directive 92/3/Euratom,

• nuclear materials means the special fissile materials, the source materials and the ores as defined in Article 197 of the EAEC Treaty,

• competent authorities means any authority responsible in the Member State for the application or administration of this Regulation or of any other authority designated by the Member State,

• activity has the meaning given to it in Directive 80/836/Euratom.

Article 3

Controls of shipments of sealed sources, other relevant sources and radioactive waste between Member States, pursuant to Community or national law, for the purpose of radiation protection shall be performed as part of the control procedures applied in a non-discriminatory manner throughout the territory of the Member State.

Article 4

1. A holder of sealed sources or radioactive waste who intends to carry out a shipment of such sources or waste, 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 complied, in the Member State of destination, with all applicable provisions implementing Article 3 of Directive 80/836/Euratom and with relevant national requirements for safe storage, use or disposal of that class of source or waste.

The declaration shall be made by means of the standard documents set out in Annexes I and II to this Regulation.

2. The declaration referred to in paragraph 1 shall be sent by the consignee to the competent authority of the Member State to which the shipment is to be made. The competent authority shall confirm with its stamp on the document that it has taken note of the declaration and the declaration shall then be sent by the consignee to the holder.

Article 5

1. The declaration referred to in Article 4 may refer to more than one shipment, provided that:

• the sealed sources or radioactive waste to which it relates have essentially the same physical and chemical characteristics,

• the sealed sources or radioactive waste 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 declaration shall be valid for a period of hot more than three years from the date of stamping by the competent authority as referred to in Article 4 (2).

Article 6

A holder of sealed sources, other relevant sources and radioactive waste who has carried out a shipment of such sources or waste, or arranged for such a shipment to be carried out, shall, within 21 days of the end of each calendar quarter, provide the competent authorities in the Member State of destination with the following information in respect of deliveries during the quarter:

• names and addresses of consignees,

• the total activity per radionuclide delivered to each consignee and the number of such deliveries made,

• the highest single quantity of each radionuclide delivered to each consignee,

• the type of substance: sealed source, other relevant source or radioactive waste.

The first such return shall cover the period 1 July to 30 September 1993.

Article 7

The competent authorities of Member States shall cooperate in ensuring the application and enforcement of this Regulation.

Article 8

Member States shall forward to the Commission not later than 1 July 1993 the name(s) and the address(es) of the competent authorities as defined in Article 2 and all necessary information for rapidly communicating with such authorities.

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

The Commission shall communicate this information, and any changes thereto, to all competent authorities in the Community and shall publish it, and any changes thereto, in the Official Journal of the European Communities.

Article 9

Nothing in this Regulation shall effect existing national provisions and international agreements on the transport, including transit, of radioactive material.

Article 10

Nothing in this Regulation shall affect the obligations and rights resulting from Directive 92/3/Euratom.

Article 11

1. The Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.

2. This Regulation shall cease to apply to radioactive waste on 1 January 1994.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Luxembourg, 8 June 1993.

For the Council

The President

N. Helveg Petersen