Regulation 1993/1493 - Shipments of radioactive substances between Member States - Main contents

official title

 

Legal instrument	Regulation
Number legal act	Regulation 1993/1493
Original proposal	COM(1992)520
CELEX number i	31993R1493

COUNCIL REGULATION (EURATOM) No 1493/93

of 8 June 1993

on shipments of radioactive substances between Member States

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Atomic 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 on 2 February 1959 the Council 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 radiation (4), amended in particular by Directive 80/836/Euratom (5);

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 light of possible dangers and other relevant considerations, these activities are subject to prior authorization 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 territories;

Whereas shipments of radioactive waste between Member States and into and out of the Community are subject to the specific measures laid down by Directive 92/3/Euratom (6); 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 each Member State should be responsible for ensuring that its own radioactive waste is properly managed;

Whereas the removal of frontier controls in the Community as from 1 January 1993 has deprived the competent authorities of Member States of information previously received through those controls on shipments of radioactive substances; whereas there is a need for the competent authorities concerned to receive the same level of information as before to continue implementing their controls for radiation protection purposes; whereas a Community system of declaration and provision of information would facilitate the maintenance of radiation protection control; whereas a system of prior declaration is needed for shipments of sealed sources and radioactive waste;

Whereas special fissile materials as defined by Article 197 of the EAEC Treaty are subject to the provisions of Title II, Chapter VII — Safeguards of that Treaty; whereas the transport of such materials is subject to the obligations of the Member States and the Commission pursuant to the International Convention on the Physical Protection of Nuclear Materials (IAEA.1980);

Whereas this Regulation is without prejudice to provision of information and to controls imposed for reasons other than radiation protection,

HAS ADOPTED THIS REGULATION:

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...

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