Radioactive Waste Shipment (UK Brexit)

The Exit day is 12th April (the day after tomorrow) – the Exit time is 12.00 (midnight) CET

The UK Government today issued updated instructions on radioactive waste shipment – here.

Applications to import from EU countries will need to include evidence confirming that the exporter will take back the material if the shipment cannot be completed in accordance with the regulations.

Operators will need new UK documentation instead of previously used EU documentation.

Operators will now need to notify the relevant competent authority in the UK once exports to the EU are completed.

What operators need to do

1 Comply with current regulations until Exit day. These are set out in the Transfrontier Shipment of Radioactive Waste and Spent Fuel Regulations 2008.

[subscribers to Cardinal Environment EHS Legislation Registers & Checklists will not necessarily have these regulations loaded – email me if they are needed]

2 Read and understand the new Transfrontier Shipment of Radioactive Waste and Spent Fuel (EU Exit) Regulations 2019. These will apply from 13th April, or any later Exit day.

[these Regulations are found in the Brexit Law List loaded into Cardinal Environment EHS Legislation Registers & Checklists]

3 Check authorisations. Operators who already have authorisations should check if they are valid by contacting the relevant competent authority.

4 Apply for an authorisation, if needed. Operators without existing authorisation will need to apply to the relevant competent authority using the authorisation of shipments form.

5 Use documentation with each shipment. Appropriate documentation must accompany each shipment. A failure in this area is a criminal offence.

6 Notify the competent authority. Operators must notify the relevant competent authority in the UK of completion of shipments using the notification of arrival form. Failing to notify them will be a criminal offence.

[the Exit day may change, please continue to follow this Blog]

EU Exit regulatory position statements (UK Brexit)

Exit day is 12th April

Yesterday (1st April) the Environment Agency began issuing EU Exit regulatory position statements (UK RPS).

These set out (time-limited) environmental permitting and licensing situations where the Environment Agency will not take action for non-compliance due to EU Exit.

The first two relate to radioactive materials and radioactive waste – here.

I will add these to a separate category in the Brexit Law List (in subscribers’ Cardinal Environment EHS Legislation Registers & Checklists).

Waste Transport across borders will become more difficult and delayed after EU Exit. Make sure checks are carried out on amounts stored vis a vis EPR Schedule 3 exemption limits. Contact the Environment Agency if limits will be exceeded.

Scotland, Wales and Northern Ireland – contact the local regulator.

[the Exit day may change, please continue to follow this Blog]

Nuclear Safety Standards (Euratom/EU)

I blog posted recently about the UK Nuclear Safeguards Bill (a UK Brexit Bill). This Bill does not cover radiation health rules (which are also regulated by EU/Euratom). 

The Euratom/European Union Basic Safety Standards Directive 2013 (BSSD) sets out updated safety requirements for the nuclear and radiological sector; the deadline for transposition of these into UK law is 6 February 2018. 

The BSSD 2013 updates the 1996 BSSD that is included in subscribers’ Cardinal Environment OHS Register 601. It simplifies existing Euratom provisions for protection against harmful effects of ionising radiation, and consolidates those provisions in line with the latest international standards.

The UK Department for Business, Energy and Industrial Strategy (BEIS) is responsible for coordinating the transposition of the Directive across Government, there are five workstreams to the Directive: emergency preparedness and response, medical exposures, public exposures, occupational exposures, and air and space crew where compliance is necessary.

The emergency response and public exposures requirements of BSSD are led by BEIS and occupational exposure requirements are led by the Health and Safety Executive (HSE).

The intention is to use the powers in the Health and Safety at Work Act and the Energy Act 2012 to make the required legislative changes within the Radiation (Emergency Preparedness and Public Information) Regulations (REPPIR) 2001 and the Carriage of Dangerous Goods Regulations (CDG) 2009 and the Ionising Radiation Regulations 1999 (IRR99).

HSE has now consulted on occupational exposures policy and are finalising the proposed changes to the IRRs (this document is here); BEIS has launched a consultation on emergency preparedness and response policy with suggested changes to REPPIR & CDG (see here). BEIS is also planning to launch a consultation on the public exposures elements of the Directive.

The other workstreams are led by different Government departments, with medical exposures being led by the Department for Health and air and space crew by the Department for Transport.

Re Brexit : it is presumed these rules will be dealt with under the EU Withdrawal Bill (a key UK Brexit Bill), once it is enacted, since they are not dealt with under the Nuclear Safeguards Bill. 

Subscribers to Cardinal EHS Legislation Registers will see Email Alerts re the changes to the CDG and IRR99.