Guidance
Shipping radioactive waste and spent fuel
The UK’s policy on the import and export of radioactive waste and spent fuel has not changed, but there are some changes to the processes that operators need to follow.
What operators need to do
Before 1 January 2021 you should have:
- checked whether your existing authorisations are valid. Authorisations for shipments with or via the EU are now no longer valid, except where the authorised shipment was already in transit on 1 January 2021
- applied for any new authorisations by contacting the relevant competent authority
You need to:
- comply with the Transfrontier Shipment of Radioactive Waste and Spent Fuel (EU Exit) Regulations 2019
- use UK documentation with every shipment instead of previously used EU documentation – you are committing a criminal offence if you fail to include appropriate documentation
For shipments to or from England, Scotland and Wales you also need to:
- apply for authorisations when importing from the EU
- include in your application evidence confirming that the exporter will take back the material if the shipment cannot be completed in accordance with the regulations when applying to import from the EU
- notify the relevant competent authority in the UK of completion of shipments to the EU using the notification of arrival form – failing to notify them is a criminal offence
Contact the competent authority
Contact the relevant competent authorities for more detailed information, including application fees.
The competent authorities are:
- in England, the Environment Agency
(askshipments@environment-agency.gov.uk) - in Scotland, the Scottish Environment Protection Agency
(rsenquiries@sepa.org.uk) - in Wales, Natural Resources Wales – administered by the Environment Agency
(askshipments@environment-agency.gov.uk) - in Northern Ireland, the Northern Ireland Environment Agency
(ipri@daera-ni.gov.uk)
More information
See the related guides on:
Guidance
Transboundary impacts of radioactive waste disposal: reporting and notification obligations (Euratom Article 37)
What operators need to do in terms of submitting plans for radioactive waste disposal to the European Commission under Euratom Article 37.
Under Article 37 of the Euratom Treaty, the UK government (on behalf of operators) submits information to the European Commission on plans to dispose of radioactive waste. This allows the Commission to make a determination as to whether implementation of a plan is liable to result in radioactive contamination of a member state. Operators must await an opinion from the Commission before obtaining domestic environmental permits or proceeding with a project.
From 1 January 2021:
- the requirement for the UK to submit information to the European Commission on plans for the disposal of radioactive waste no longer applies
- a domestic replacement for Article 37 will be introduced
In England, when an operator applies for an environmental permit, the Environment Agency will consider whether the planned disposal of radioactive waste is liable to result in transboundary radioactive contamination. As part of their consideration, the Agency will invite views through public consultation. BEIS will notify international partners of the permit application.
Operators in Scotland, Wales and Northern Ireland should contact the devolved administrations for more details.
Implications
The UK will no longer submit information to the European Commission on plans for the disposal of radioactive waste.
BEIS will notify international partners during the consideration process.
Actions for businesses and other stakeholders
UK operators who are developing an Article 37 submission, or are unsure if they need to complete a new submission, should contact the Department for Business, Energy and Industrial Strategy for further information.
The Environment Agency will prepare guidance on how to provide the necessary transboundary impact assessment in relevant environmental permit applications and environmental permit variation applications.
Further information
Further details of the application of the requirements are set out in Commission Recommendation 2010/635/Euratom on the application of Article 37 of the Euratom Treaty.