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

Import of radioactive waste and spent fuel into the UK: Consent and refusal U.K.

6.—(1) Where the competent authority receives a request for consent to import radioactive waste or spent fuel into the United Kingdom from a competent authority in another country, the following provisions apply:

(a) the competent authority must acknowledge receipt of the request for consent within 20 days of its receipt;

(b) in relation to such a request for consent, the competent authority may ask for further information from the competent authority in the country of origin and inform any other competent authorities involved that this has occurred;

(c) not later than 10 days after the date of receipt of any further information obtained pursuant to sub-paragraph (1)(b) the competent authority must send an acknowledgement of receipt of the further information to the competent authority in the country of origin and copy it to any other competent authorities involved.

(2) Not later than 2 months from the date of any acknowledgement of receipt issued pursuant to sub-paragraph (1)(a), or where applicable (1)(c), the competent authority must notify the competent authority in the country of origin of its consent, or of the conditions which it considers necessary for giving its consent, or of its refusal to grant consent.

(3) The period of 2 months referred to in sub-paragraph (2) may be extended if the competent authority has not yet determined an application by the proposed consignee for authorisation to import radioactive waste or spent fuel under paragraph 2 of this Schedule.

(4) The competent authority must give reasons for any refusal to grant consent, or for conditions attached to its consent, which must be based:

(a) in relation to transit, on the relevant legislation applicable to the transport of radioactive material; or

(b) in relation to import, on the relevant legislation applicable to the transport of radioactive material and any relevant legislation applicable to the management of radioactive waste or spent fuel.

(5) When a competent authority authorises a transit under paragraph 3 of this Schedule, it may not refuse to give consent to reshipment in the following cases:

(a) where the initial consent concerned material being shipped for treatment or reprocessing purposes, if the shipment concerns radioactive waste or other products equivalent to the original material after treatment or reprocessing, and all relevant legislation is respected; or

(b) where there has been a shipment failure, if the reshipment is undertaken on the same conditions and with the same specifications.

Commencement Information

I1 Sch. 1 para. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1