Consultation on the transposition of Council Directive 2006/117/Euratom
Radioactive Substances Division
Area 4C Ergon House
17 Smith Square
London SW1P 3JR
27 February 2008
Dear Consultee
Consultation on the transposition of Council Directive 2006/117/Euratom
1. I am writing to invite views on the Government’s proposed approach in transposing European Council Directive 2006/117/Euratom on the supervision and control of shipments of radioactive waste and spent fuel into UK legislation. The Directive replaces the existing Directive 92/3 Euratom as part of the Commission’s fifth phase of the SLIM process (Simpler Legislation for the Internal Market).
2. The UK is obliged to implement this Directive by 25 December 2008 by means of Regulations made under the European Communities Act 1972. The main differences between Directive 92/3/Euratom and the Shipments Directive are:
- Inclusion of shipments of spent nuclear fuel for reprocessing. The inclusion of spent fuel in the Shipments Directive ensures consistency with the ‘Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management’, to which the Community acceded on 2 January 2006.
- The ‘automatic consent procedure’ will be compulsory, that is a Member State of destination or transit will be deemed to have consented to a shipment if it acknowledges but then fails to respond to a request for consent within the specified time limit of three months. The existing UK opt-out will no longer apply.
- Technical aspects of other legislation, in particular the Basic Safety Standards Directive1, are incorporated in the Shipments Directive.
- Exports of waste or spent fuel from the Community under the new regime will require the consent of the country of destination.
3. The following documents may be found on Defra’s website at: www.defra.gov.uk/corporate/consult/radwaste-shipments/index.htm
- Consultation document
- Draft regulations
- List of consultees
- Impact Assessment
4. We welcome responses on the specific questions that are asked in the body of the consultation document. If you would like a hard copy of this consultation document please contact Tony Brown via our shared mailbox at shipments.directive@defra.gsi.gov.uk
5. Please send responses to:
Dr Martin Hum
Radioactive Substances Division
Department for Environment, Food and Rural Affairs
Area 4C Ergon House
17 Smith Square
London SW1P 3JR
or
email: shipments.directive@defra.gsi.gov.uk
tel: 020 7238 1726
6. Responses should be received by Monday 19 May 2008.
7. In line with Defra´s policy of openness, at the end of the consultation period copies of the responses we receive will be made publicly available through the Defra Information Resource Centre, Lower Ground Floor, Ergon House, 17 Smith Square, London SW1P 3JR. The information they contain will also be published in a summary of responses.
8. If you do not consent to this, you must clearly request that your response be treated confidentially. Any confidentiality disclaimer generated by your IT system in e-mail responses will not be treated as such a request. You should also be aware that there may be circumstances in which Defra will be required to communicate information to third parties on request, in order to comply with its obligations under the Freedom of Information Act 2000 and the Environmental Information Regulations.
9. This consultation is in line with the code of practice on consultations. More information is available from the following website: http://bre.berr.gov.uk/regulation/consultation/consultation_guidance/consultation_guidance/index.asp
10. The library will supply copies of consultation responses to personal callers or in response to telephone or e-mail requests (tel: 020 7238 6575, email: defra.library@defra.gsi.gov.uk). Wherever possible, personal callers should give the library at least 24 hour notice of their requirements. An administrative charge will be made to cover photocopying and postage costs.
11. If you have any comments or complaints about the consultation process itself, as opposed to the content of the consultation document, please address them to Marjorie Addo, Defra’s Consultation Co-ordinator, Area 7C Nobel House, 17 Smith Square, London SW1P 3JR, or email consultation.coordinator@defra.gsi.gov.uk.
12. Thank you for your help in this matter. If you have any queries please contact us as above.
Yours faithfully
Dr Martin Hum
Department for Environment, Food and Rural Affairs
Page last modified: 28 Feburary 2008
Page published: 27 February 2008