Citation and commencement

1. These Regulations may be cited as the Transfrontier Shipment of Radioactive Waste and Spent Fuel (Amendment) (EU Exit) Regulations 2020 and come into force immediately before IP completion day.

Amendments to the Transfrontier Shipment of Radioactive Waste and Spent Fuel (EU Exit) Regulations 2019

2.The Transfrontier Shipment of Radioactive Waste and Spent Fuel (EU Exit) Regulations 2019( 3 ) are amended in accordance with regulations 3 to 16.

Amendment to regulation 2 (interpretation)

3. In regulation 2, in the definition of “third country”, after “country” insert “, other than the United Kingdom,”.

Amendments to regulation 3 (application)

4. In regulation 3—

(a) in paragraph (1), at the beginning, insert “Subject to paragraph (1A),”;

(b) after paragraph (1) insert—

“ (1A) Where regulation 4(6), 4(7) or 4(8) applies in relation to a shipment, the references in this regulation to the Basic Safety Standards Directive 2013 ( 4 ) are to be construed as references to that Directive as amended from time to time. ” ;

(c) in paragraph (2) for “They” substitute “These Regulations”.

Amendments to regulation 4 (transfrontier shipment of radioactive waste or spent fuel)

5. In regulation 4—

(a) in paragraphs (2), (3) and (4), for “exit day” substitute “IP completion day”;

(b) in paragraph (5) after “extant authorisation granted” insert “before IP completion day”;

(c) after paragraph (5) insert—

“ (6) An offence will not be committed under this regulation if a shipment is made into Northern Ireland from a member State provided that the shipment is made in accordance with an authorisation granted by the member State of origin and the consent of the Chief Inspector has been obtained.

(7) An offence will not be committed under this regulation if a shipment is made into Northern Ireland from a third country by way of transit to a member State provided that the shipment is made in accordance with an authorisation granted by the member State of destination and the consent of the Chief Inspector has been obtained.

(8) An offence will not be committed under this regulation if a shipment is made into Northern Ireland from a member State by way of transit to a third country provided that the shipment is made in accordance with an authorisation granted by the member State in which the radioactive waste or spent fuel first entered the European Union and the consent of the Chief Inspector has been obtained. ” .

Amendments to regulation 5 (authorisations)

6. In regulation 5—

(a) after paragraph (1)(a) omit “and”; and

(b) after paragraph (1)(b) insert—

“ ; and

(c) where regulation 4(6), 4(7) or 4(8) applies in relation to a shipment and the shipment involves transit through one or more third countries, such transit is by the same frontier posts of entry to and exit from Northern Ireland, the European Union and any third country or countries concerned, unless otherwise agreed between the competent authorities of all countries concerned. ”

Amendments to regulation 7 (notification of arrival in the United Kingdom)

7. In regulation 7(1)—

(a) omit “holding an authorisation granted under these Regulations”; and

(b) after “from outside the United Kingdom” insert “pursuant to these Regulations”.

Amendments to regulation 8 (notification of arrival in the country of destination)

8. In regulation 8—

(a) in paragraph (1)—

(i) omit “holding an authorisation granted under these Regulations”; and

(ii) after “to another country” insert “pursuant to these Regulations”;

(b) in paragraph (2) for “holding the authorisation” substitute “making the notification under paragraph (1)”.

Amendments to regulation 9 (documentation)

9. In regulation 9—

(a) in paragraph (1)—

(i) omit “an authorisation granted under”; and

(ii) after “authorisation” insert “or consent”;

(b) in paragraph (2), at the beginning, insert “Subject to paragraph (3),”;

(c) after paragraph (2) insert—

“ (3) Where regulation 4(6), 4(7) or 4(8) applies in relation to a shipment, the form referred to in this regulation is the standard document established pursuant to Article 17(2) of Council Directive 2006/117/Euratom on the supervision and control of shipments of radioactive waste and spent fuel, as amended from time to time ( 5 ) . ”

Amendments to regulation 10 (procedure)

10. In regulation 10—

(a) in paragraph (1) after “authorisation” insert “to the competent authority”;

(b) after paragraph (1) insert—

“ (1A) Where regulation 4(6), 4(7) or 4(8) applies in relation to a shipment, the application for authorisation or notification of an application from a member State and all accompanying documents must be in English or accompanied by an authenticated English translation. ” .

Amendments to regulation 11 (issue of authorisations for shipments of radioactive waste)

11. —(1) In the title, after “authorisations” insert “or consents”.

(2) In regulation 11—

(a) in paragraph (1) after “authorise” insert “or consent to”; and

(b) in paragraph (5) after “the competent authorities in the” insert “United Kingdom and in the”.

Amendment to regulation 12 (appeals)

12. In regulation 12 in paragraph (1) after “authorisation” insert “or consent”.

Amendment to regulation 13 (unlawful shipments)

13. In regulation 13 in paragraph (3) after “Regulations” insert “(or the person having responsibility for a shipment that has not been authorised)”.

Amendments to regulation 15 (powers to give directions)

14. In regulation 15 after “authorisation” (in both instances where it occurs) insert “or consent”.

Amendment to regulation 17 (revocation)

15. In regulation 17 at the beginning of paragraph (2) insert “Except for the purpose of regulation 9(1) and (3)”.

Amendments to Schedule 1 (procedures)

16. In Schedule 1—

(a) before paragraph 1, insert—

“ PART 1 Third countries and member States

Scope

A1. —(1) Subject to paragraph (2) this Part applies to shipments to, through or from the United Kingdom.

(2) This Part does not apply to the shipments referred to in regulation 4(6), 4(7) and 4(8). ” ; and

(b) after paragraph 6(5)(b), insert—

“ PART 2 Northern Ireland

Scope and interpretation

7. —(1) This Part applies to shipments referred to in regulation 4(6), 4(7) and 4(8).

(2) In this Part, “the Directive” means Council Directive 2006/117 Euratom on the supervision and control of shipments of radioactive waste and spent fuel as amended from time to time and references to the Directive are to be construed accordingly.

Authorisations granted by a competent authority of a member State

8. —(1) When the Chief Inspector receives a request for consent to an application for a shipment authorisation relating to a shipment referred to in regulation 4(6) the Chief Inspector must act in accordance with Articles 8 and 9 of the Directive.

(2) When the Chief Inspector receives a request for consent to an application for shipment authorisation relating to a shipment referred to in regulation 4(7), the Chief Inspector must act in accordance with Article 13 of the Directive.

(3) When the Chief Inspector receives a request for consent to an application for shipment authorisation relating to a shipment referred to in regulation 4(8), the Chief Inspector must act in accordance with Article 15 of the Directive.

Acknowledgement of receipt

9. When the destination for a shipment is in Northern Ireland and the Chief Inspector receives acknowledgement of receipt of the shipment in accordance with regulation 7, the Chief Inspector must send copies of the acknowledgement to the member State of origin and any member State of transit. ”