Recommendation 2008/956 - Criteria for the export of radioactive waste and spent fuel to third countries (notified under document number C(2008) 7570)

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Contents

  1. Current status
  2. Key information
  3. Key dates
  4. Legislative text
  5. Sources and disclaimer
  6. Full version
  7. EU Monitor

1.

Current status

This recommendation has been published on December 17, 2008.

2.

Key information

official title

Commission Recommendation of 4 December 2008 on criteria for the export of radioactive waste and spent fuel to third countries (notified under document number C(2008) 7570)
 
Legal instrument Recommendation
Number legal act Recommendation 2008/956
CELEX number i 32008H0956

3.

Key dates

Document 04-12-2008
Publication in Official Journal 17-12-2008; OJ L 338 p. 69-71
End of validity 31-12-9999

4.

Legislative text

17.12.2008   

EN

Official Journal of the European Union

L 338/69
 

COMMISSION RECOMMENDATION

of 4 December 2008

on criteria for the export of radioactive waste and spent fuel to third countries

(notified under document number C(2008) 7570)

(2008/956/Euratom)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 33, second paragraph, and 124, second indent, thereof,

Having regard to Council Directive 2006/117/Euratom of 20 November 2006 on the supervision and control of shipments of radioactive waste and spent fuel (1), and in particular Article 16(2) thereof,

Whereas:

 

(1)

Radiation protection principles agreed at international level form the basis of the measures protecting against the danger of ionising radiation emitted by radioactive waste or spent fuel.
 

(2)

Such principles, to be effective, have to be part of a national regulatory system.
 

(3)

In accordance with the safety culture prevailing in the Community as regards activities involving radioactive substances, an effective independence of roles between regulatory authorities and operators is required to ensure the appropriate management of radioactive waste or spent fuel.
 

(4)

The decision to authorise shipments of radioactive waste or spent fuel to third countries is the responsibility of the competent authorities of the exporting Member State.
 

(5)

The competent authorities of the exporting Member State should form an opinion, in accordance with the criteria referred to in Article 16(1)(c) of Directive 2006/117/Euratom, on the third countries’ administrative and technical capacity for the safe management of radioactive waste and spent fuel, as well as the appropriateness of their regulatory structures.
 

(6)

Member States, in implementing those criteria, should apply a principle of hierarchy among them.
 

(7)

The Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management is the fundamental relevant international legal instrument addressing the safety of spent fuel and radioactive waste management.
 

(8)

In addition to the compliance with the set of criteria, other considerations, such as political, economic, social, ethical, scientific and public security matters, may be taken into account for authorising shipments of radioactive waste or spent fuel to a third country.
 

(9)

Article 2 of Directive 2006/117/Euratom deals with the right of a Member State or an undertaking in the Member State to which radioactive waste is to be shipped for processing or other material is to be shipped with the purpose of recovering the radioactive waste, to return the radioactive waste after treatment to its country of origin. It also provides that Directive 2006/117/Euratom does not affect the right of a Member State or an undertaking in that Member State to which spent fuel is to be shipped for reprocessing to return to its country of origin radioactive waste recovered from the reprocessing operation.
 

(10)

The criteria established by this recommendation are in accordance with the opinion of the Advisory Committee instituted under Article 21 of Directive 2006/117/Euratom,

HEREBY RECOMMENDS:

 

1.

The main requirements relating to the export of radioactive waste or spent fuel to third countries referred to in Article 16(1)(c) of Directive 2006/117/Euratom should be as follows:

 

(a)

appropriate national provisions for radiological protection for workers and the general public should be established and enforced; they should be consistent with relevant internationally endorsed standards on radiation...


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This text has been adopted from EUR-Lex.

 

5.

Sources and disclaimer

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6.

Full version

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7.

EU Monitor

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