The Transfrontier Shipment of Radioactive Waste and Spent Fuel Regulations 2008

Regulation 11

SCHEDULE 1 Procedures

PART 1 Intra-Community Trade

Application

1.  This Part relates to intra-Community trade.

Authorisations granted by a competent authority in the United Kingdom

2.—(1) When it receives an application for a shipment authorisation in accordance with Article 6 of Council Directive 2006/117/Euratom a competent authority must transmit the application form in accordance with Article 7 of that Directive.

(2) A competent authority must transmit any additional information in accordance with Article 8(3) of that Directive.

(3) A competent authority may issue an authorisation in accordance with Article 10 of that Directive if—

(a) all necessary consents from other competent authorities have been received, or

(b) no reply has been received from a competent authority within two months of the date of acknowledgement of receipt, or three months if the competent authority concerned has requested an additional month.

(4) In the case of a shipment into or from the United Kingdom to or from a site licensed under the Nuclear Installations Act 1965(1) the competent authority may not grant an authorisation unless it has first consulted the Health and Safety Executive.

Authorisations granted by a competent authority outside the United Kingdom

3.  When a competent authority in the United Kingdom receives a request for consent to an application from the competent authority of another member State it must act in accordance with Articles 8 and 9 of Council Directive 2006/117/Euratom.

Acknowledgement of receipt

4.—(1) When the United Kingdom is the member State of destination and the competent authority in the United Kingdom receives acknowledgement of receipt of the shipment it must send copies of the acknowledgement to the member State of origin and any member State of transit in accordance with Article 11 of Council Directive 2006/117/Euratom.

(2) When the United Kingdom is the member State of origin and it receives acknowledgment from another member State it must notify the original holder in accordance with Article 11(3) of that Directive.

PART 2 Third countries

Application

5.  This Part relates to imports from and exports to third countries, and transits through the European Community between third countries.

Authorisations

6.—(1) When a competent authority in the United Kingdom receives an application to import radioactive waste or spent fuel into the United Kingdom, or is requested by another member State to consent to such an application, it must act in accordance with Article 13 of Council Directive 2006/117/Euratom.

(2) When such an application relates to transit through the European Community it must act in accordance with Article 14 of that Directive.

(3) When such an application relates to export out of the European Community it must act in accordance with Article 15 of that Directive, as well as both Article 8 and Article 9 of that Directive.

(4) In the case of a shipment into or from the United Kingdom to or from a site licensed under the Nuclear Installations Act 1965 the competent authority may not grant an authorisation unless it has first consulted the Health and Safety Executive.

(1)

1965 c. 57.