101 UK Brexit Notes

Connemara Programme October 16 2018 pg. 124 Business: Energy: Civil Nuclear Regulation Purpose This notice explains to the civil nuclear industry and stakeholders how the sector will be affected in the UK in the unlikely event that the UK leaves the EU and the European Atomic Energy Community (Euratom) in March 2019 with no agreement in place. This notice covers:  nuclear safeguards  ownership and movement of nuclear material, equipment and technology  management of spent fuel and radioactive waste  reporting and notifications to the European Commission. Nuclear safeguards Before 29 March 2019 The European Commission currently implements nuclear safeguards in respect of nuclear material for all EU countries, including the UK. The UK has already passed new legislation so that the Office for Nuclear Regulation (ONR) can oversee domestic safeguards instead of Euratom and signed new international agreements with the International Atomic Energy Agency (IAEA) to replace the existing trilateral agreements between the IAEA, Euratom and the UK. After 29 March 2019 if there’s no deal On exit from the EU, a new domestic nuclear safeguards regime will come into force. Implications The new regime will be run by the ONR, which already has regulatory oversight of nuclear safety and nuclear security. The new regime is not dependent on there being a deal with the EU and Euratom. The ONR will publish guidance on the new inspection arrangements on its website. Actions for businesses and other stakeholders All operators in the UK civil nuclear sector will need to comply with the new domestic safeguards regime as it applies to them. This will be underpinned by regulations and administered by the ONR. The regime will include new domestic arrangements for nuclear material accountancy. Operators are encouraged to submit their views o n the draft Nuclear Safeguards Regulations , which are open to public consultation until 14 September 2018. Further information Norway, Iceland and Liechtenstein are party to the Agreement on the European Economic Area and participate in other EU arrangements. As such, in many areas, these countries adopt EU rules. Where this is the case, these technical notices may also apply to them, and EEA businesses and citizens should consider whether they need to take any steps to prepare for a ‘no deal’ scenario. Ownership of special fissile material Before 29 March 2019 Under Euratom Treaty arrangements, all special fissile material in any EU country is legally “owned” by Euratom. Operators that hold the legal title to the material have the unlimited right to use and consume the material as long as they comply with obligations in the Euratom Treaty. After 29 March 2019 if there’s no deal On exit from the EU, Euratom ownership of special fissile material in the UK will end. Implications Operators that hold the legal title to special fissile material in the UK will have full ownership from this date, and their associated rights will remain unaffected. For special fissile material on Euratom territory, Euratom rules will continue to apply until the material is exported from Euratom territory.