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PURPOSE: to establish a Community system for registration of carriers of radioactive materials.

PROPOSED ACT: Council Regulation. 

BACKGROUND: Article 33 of the Treaty requires Member States to lay down the appropriate provisions to ensure compliance with the basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation.

Council Directive 96/29/Euratom lays down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation. These basic standards mean: (i) maximum permissible doses compatible with adequate safety; (ii) maximum permissible levels of exposure and contamination; (iii) the fundamental principles governing the health surveillance of workers.

In order to ensure compliance with the basic safety standards persons, organisations or undertakings are subject to regulatory control by authorities of Member States. For that purpose Directive 96/29/Euratom requires Member States to submit certain practices involving a hazard from ionising radiation to a system of reporting and prior authorisation or to prohibit certain practices.

Transport being the only practice of a frequent cross-border nature, carriers of radioactive materials may be required to comply with requirements related to reporting and authorisation systems in several Member States. Member States have implemented these procedures in different ways, thereby adding to the complexity of transport operations.

Replacing these national reporting and authorisation procedures with a single registration system for conducting transport will therefore contribute to simplifying the procedure, reduce the administrative burden and do away with barriers to entry, while the high radiation protection levels reached will be maintained.

IMPACT ASSESSMENT: an impact assessment report accompanies this proposal.

LEGAL BASIS: the second paragraph of Article 31 and Article 32 of the Treaty establishing the European Atomic Energy Community.

CONTENT: this Regulation replaces the reporting and authorisation systems in Member States for the purpose of implementing Council Directive 96/29/Euratom with a single registration.

The Regulation establishes a European System for Carrier Registration. Carriers should apply through a central web interface. These applications will be screened by the respective national competent authority, which will issue the registration if the applicant fulfils the basic safety standards.

The Regulation adopts a graded approach by exempting carriers who transport exclusively ‘excepted packages’ from the need to register. On the other hand, it leaves it up to Member States to add additional registration requirements for carriers of fissile and highly radioactive materials.

Other Community law and international rules regarding physical protection, safeguards, and third-party liability continue to apply. This is true, in particular, for Directive 2008/68/EC.

BUDGETARY IMPLICATIONS:

·        developing the registration system, whose website will also include links to the competent authorities in Member States, will cost roughly EUR 1 million in operational appropriations followed by annual running costs of EUR 0.18 million;

·        supervising the development process of existing human resources will cost EUR 0.7 million, following which the assistance will cost EUR 0.1 million annually.

For the Advisory Committee established under the Regulation, no additional budgetary implications would be incurred if Member States agreed to make use of the existing Standing Working Group on the safe transport of radioactive materials. The financing for covering meetings of the Committee (less than EUR 30 000 per year) will be provided through redeployment of existing resources. No additional costs above the allocation in the budget line will be incurred.

PURPOSE: to establish a Community system for registration of carriers of radioactive materials.

PROPOSED ACT: Council Regulation.

BACKGROUND: Article 33 of the Treaty requires Member States to lay down the appropriate provisions to ensure compliance with the basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation. The basic safety standards are established by Council Directive 96/29/Euratom. That Directive applies to all practices which involve a risk of ionizing radiation emanating from an artificial or a natural radiation source, including transport.

As transport is the only "mobile" practice, and given the often cross-border nature of transport operations, a carrier may have to follow these reporting and authorization procedures in several Member States. In addition, Member States have implemented these procedures in differing systems, thereby adding to the complexity of transport operations as such.

According to the Commission, replacing these national reporting and authorization procedures by a unique registration system for the practice of transport will therefore contribute to simplify the procedure, reduce administrative burden, do away with barriers to entry, while the high radiation protection levels reached will be maintained.

IMPACT ASSESSMENT: the proposed mechanism, according to the impact assessment carried out in the preparation, strikes a careful balance between effective protection of workers and the public during transport operations, the legitimate interests of the stakeholders involved and the interests of Member States. Above all, the preferred option is the minimum necessary to effectively achieve the objectives set while keeping the costs within reasonable limits.

LEGAL BASIS: Article 31 and Article 32 of the Treaty establishing the European Atomic Energy Community.

CONTENT: the proposed Regulation replaces the reporting and authorization systems in the Member States by a single registration. It establishes a European System for Carrier Registration. Carriers should apply through a central web interface. These applications will be screened by the respective national competent authority which issues the registration if the applicant fulfils the basic safety standards. At the same time, the system allows the competent authorities a better overview of the carriers that are active in their country. The system must be available, tested and functional when this Regulation enters into force.

The Regulation adopts a graded approach:

• by excluding from the registration procedure carriers who transport exclusively "excepted packages". These shall mean any package in which the allowed radioactive content does not exceed the activity levels laid down in Table V of Section IV of Regulations for the Safe Transport of Radioactive Material No. TS-R-1 or one tenth of these limits for the transport by post and which are labelled as UN No. 2908, 2909, 2910 or 2911;
• by leaving it up to the Member States to add additional registration requirements for carriers of fissile and highly- radioactive materials.

Other Community law and international rules regarding physical protection, safeguards, and third-party liability continue to apply. This is true, in particular, for Directive 2008/68/EC.

BUDGETARY IMPLICATIONS: this proposal has no implication for the Union budget.

PURPOSE: to establish a Community system for registration of carriers of radioactive materials.

PROPOSED ACT: Council Regulation.

BACKGROUND: Article 33 of the Treaty requires Member States to lay down the appropriate provisions to ensure compliance with the basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation. The basic safety standards are established by Council Directive 96/29/Euratom. That Directive applies to all practices which involve a risk of ionizing radiation emanating from an artificial or a natural radiation source, including transport.

As transport is the only "mobile" practice, and given the often cross-border nature of transport operations, a carrier may have to follow these reporting and authorization procedures in several Member States. In addition, Member States have implemented these procedures in differing systems, thereby adding to the complexity of transport operations as such.

According to the Commission, replacing these national reporting and authorization procedures by a unique registration system for the practice of transport will therefore contribute to simplify the procedure, reduce administrative burden, do away with barriers to entry, while the high radiation protection levels reached will be maintained.

IMPACT ASSESSMENT: the proposed mechanism, according to the impact assessment carried out in the preparation, strikes a careful balance between effective protection of workers and the public during transport operations, the legitimate interests of the stakeholders involved and the interests of Member States. Above all, the preferred option is the minimum necessary to effectively achieve the objectives set while keeping the costs within reasonable limits.

LEGAL BASIS: Article 31 and Article 32 of the Treaty establishing the European Atomic Energy Community.

CONTENT: the proposed Regulation replaces the reporting and authorization systems in the Member States by a single registration. It establishes a European System for Carrier Registration. Carriers should apply through a central web interface. These applications will be screened by the respective national competent authority which issues the registration if the applicant fulfils the basic safety standards. At the same time, the system allows the competent authorities a better overview of the carriers that are active in their country. The system must be available, tested and functional when this Regulation enters into force.

The Regulation adopts a graded approach:

• by excluding from the registration procedure carriers who transport exclusively "excepted packages". These shall mean any package in which the allowed radioactive content does not exceed the activity levels laid down in Table V of Section IV of Regulations for the Safe Transport of Radioactive Material No. TS-R-1 or one tenth of these limits for the transport by post and which are labelled as UN No. 2908, 2909, 2910 or 2911;
• by leaving it up to the Member States to add additional registration requirements for carriers of fissile and highly- radioactive materials.

Other Community law and international rules regarding physical protection, safeguards, and third-party liability continue to apply. This is true, in particular, for Directive 2008/68/EC.

BUDGETARY IMPLICATIONS: this proposal has no implication for the Union budget.