The Transfrontier Shipment of Radioactive Waste and Spent Fuel (EU Exit) Regulations 2019

UK Statutory Instrument 2019 No. 156 — creates 8 criminal offences.

8offences created

0recorded in force

0revoked

Made: 31 January 2019
In force from: Not determined
Extent: Not stated
Subject: Energy, communications, water and utilities
Made under: Schedule 7 to, the European Union (Withdrawal) Act 2018

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations are made in exercise of the powers in section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) (“EUWA”) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(c) of the EUWA) arising from the withdrawal of the United Kingdom from the European Union. The Regulations extend to the whole of the United Kingdom. These Regulations revoke the Transfrontier Shipment of Radioactive Waste and Spent Fuel Regulations 2008 (the “2008 Regulations”). The 2008 Regulations implemented Council Directive 96/29/Euratom laying down basic standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation and Council Directive 2006/117/Euratom (the “2006 Directive”) on the supervision and control of shipments of radioactive waste and spent fuel. In particular, the 2008 Regulations laid down the process and procedures for authorising the import, export and transit of shipments of radioactive waste and spent fuel into and out of the European Union. In that regard, they drew a distinction between Member States of the European Union and third countries and provided that an authorisation granted at the first point of entry into the European Union was valid throughout all Member States. They also laid down a prohibition on the granting of authorisations for the shipment of radioactive waste unless the purpose of the shipment was for the processing of the waste or its return to the country of origin. These Regulations largely replicate the key provisions and penalties contained in the 2008 Regulations in the United Kingdom but, in light of the United Kingdom’s withdrawal from the European Union, they abolish the distinction between Member States and third countries. That means that all countries outside the United Kingdom will be treated as third countries and there is no longer any provision for the mutual recognition of authorisations. These Regulations also largely replicate the key procedural provisions contained in the 2006 Directive in order to provide the maximum continuity for operators in this sector. The standard forms referred to in regulation 9 will be prescribed by the Secretary of State outside of this instrument and hosted on the Gov.UK website as well as the websites of the competent authorities. An impact assessment has not been provided for this instrument as no, or no significant impact on the private or voluntary sectors is foreseen. An Explanatory Memorandum has been prepared and is available alongside this instrument at www.legislation.gov.uk.

Offences created by this instrument

Procedure regulation 10(2) · Status not determined · Strict liability
Unlawful Shipments regulation 13(3) · Status not determined · Strict liability
Unlawful Shipments regulation 13(4) · Status not determined · Strict liability
Unlawful Shipments regulation 13(4)(b) · Status not determined · Strict liability
Notices regulation 14(2) · Status not determined · Strict liability
Transfrontier shipment of radioactive waste or spent fuel regulation 4(1) · Status not determined · Strict liability
Notification of arrival in the United Kingdom regulation 7(2) · Status not determined · Strict liability
Documentation regulation 9(1) · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Carriage of Dangerous Goods (Amendment) Regulations 2019 Lords · Grand Committee · 26 February 2019 · The Parliamentary Under-Secretary of State, Department for Business, Energy and Industrial Strategy (Lord Henley) (Con)
My Lords, this statutory instrument will change the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009. These regulate the transport of most dangerous goods in Great Britain, and this instrument will update the sections that deal specifically with radioactive materials. The amendments in the instrument will strengthen Great Britain’s emergency preparedness and response arrangements for the transport of radioactive materials. They will apply to transport by rail, road and inland waterway. The changes in the instrument will bring Great Britain into step…
Nuclear Energy Commons · Written Statements · 15 May 2019 · The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Andrew Stephenson)
Government’s preparations for the UK’s withdrawal from Euratom mean that the UK now has all the necessary measures in place to ensure that the UK nuclear industry can continue to operate with certainty in all situations. On 22 February the UK and Japan signed an exchange of notes confirming how the terms of our existing 1998 nuclear co-operation agreement will operate in the context of the UK’s withdrawal from Euratom. The Nuclear Safeguards (Fissionable Material And Relevant International Agreements) (EU exit) Regulations 2019 and the Nuclear Safeguards (EU exit) Regulations 2019 and the…

How Parliament handled it

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