39 - Council Directive 92/3/Euratom of 3 February 1992 on the supervision and control of shipments of radioactive waste between Member States and into and out of the Community (OJ L 035 12.02.1992 p. 24 pp. 743-752

Council Directive 92/3/Euratom of 3 February 1992 on the supervision and control of shipments of radioactive waste between Member States and into and out of the Community (<i>OJ L 035 12.02.1992 p. 24</i>)

By Philippe Sands and Paolo Galizzi

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Editorial note

Euratom Directive 92/3 applies to shipments of radioactive waste between Member States and into and out of the EC whenever the quantities and concentrations exceed the levels set by Euratom Directive 80/836 (Article 1(1)). The Directive distinguishes between shipments: between Member States; into and out of the EC; and reshipment operations. For each, transport operations must comply with EC and national provisions and international agreements (Article 3). Shipments between Member States must be authorised by the countries of origin, destination and transit (Articles 4, 6, 7). Applications may govern more than one shipment over a period of up to three years (Article 5). Imports into the EC from third countries must be authorised by the destination Member State (Article 10(1)), and rules are set forth governing the situation where an EC State is a transit State (Article 10(2)). Exports out of the EC are prohibited to the Antarctic region, to a Party to the Fourth ACP–EEC Convention which is not a Member State of the EC (unless the waste is being returned after reprocessing) or to a country which does not have the technical, legal or administrative resources to manage radioactive waste safely (Articles 11(1)–(2), 14). Radioactive waste exports to third countries require notification and authorisation (Article 12). In reshipment operations, sealed sources containing non-fissile material are not governed by the Directive (Article 13). Special rules govern processing, reprocessing and subsequent return (Article 14), and return if non-completion or non-compliance has occurred (Article 15).