101 UK Brexit Notes

Connemara Programme October 16 2018 pg. 127 Management of spent fuel and radioactive waste Before 29 March 2019 The current Euratom arrangements provide the framework for the movement of spent fuel and radioactive waste between countries. This includes authorisations for shipments under the Supervision and Control o f Shipments of Radioactive Waste and Spent Fuel Directive 2006 (Directive 2006/117/Euratom – “the 2006 Directive”) . Under these arrangements, a number of EU countries have contracts in place for the reprocessing of spent fuel and the treatment and processing of radioactive waste in the UK. The UK government’s policy is not to accept overseas origin radioactive waste for disposal in the UK except in specific circumstances which are set out in the relevant UK government policy documents. After 29 March 2019 if there’s no deal The UK’s current arrangements for the reprocessing of spent fuel and treatment of radioactive waste will continue after the UK’s withdrawal from Euratom. On exit from the EU, the process for authorising new shipments of spent fuel and radioactive waste from the UK to EU27 will change to reflect the fact that the UK will no longer be within the EU. The UK will engage with operators on any new arrangements that will apply for the authorisation of new shipments of spent fuel and radioactive waste from the EU27 to the UK, and will provide further guidance on these. Beyond this, arrangements for new shipments of spent fuel and radioactive waste from EU27 countries to the UK for the purposes of management will not be affected. Under EU rules, there will be some small changes applicable to shipments of radioactive waste for the purposes of disposal, but the UK government’s policy on accepting such shipments will remain unaffected. Implications The management of EU27 spent fuel and radioactive waste in the UK will continue in line with existing contractual arrangements. For new shipments of spent fuel and radioactive waste between the UK and EU27, all operators will need to comply with the arrangements that apply to third countries when shipping spent fuel and radioactive waste from the UK to EU27 countries. Further guidance will be provided on the arrangements that will apply for authorisations of spent fuel and radioactive waste from the EU27 to the UK. The government will continue working with the Scottish government, Welsh government and Northern Ireland Civil Service to ensure that these arrangements work for the whole of the UK. The current arrangements that determine which state has ultimate responsibility for the safe and responsible disposal of any spent fuel and radioactive waste generated will not be affected by the UK’s exit for either the UK or EU27 countries. Actions for businesses and other stakeholders The management of spent fuel and radioactive waste in the UK and EU27 will continue as now. UK and EU27 operators will not need to take any action. Please note that if the existing contract is considered to be a supply contract under Euratom Supply Agency arrangements, operators should check the section of this technical notice on ‘Supply Contracts for Nuclear Material’. For new shipments, all operators wishing to ship radioactive waste or spent fuel from the UK to an EU27 country will need to comply with the arrangements for third countries as set out in the 2006 directive. This means that shipments from the UK to EU27 countries will require authorisation from competent authorities in both the originating and destination states, and that EU27 competent authorities will no longer be subject to the current two-month deadline to grant authorisations. Operators wishing to secure new authorisations to ship radioactive waste or spent fuel from EU27 countries to the UK should check the website below for further guidance of the arrangements that will apply after this date. EU27 operators will be able to continue to enter into management contracts for spent fuel and radioactive waste in the UK. Under th e Community Framework for the Responsible and Safe Management of Spent Fuel and Radioactive Waste Directive (Directive 2011/70/EURATOM) , EU27 operators will need to comply with the arrangements that apply to third countries prior to any shipment of radioactive waste for the purposes of disposal in the UK. This will not affect new shipments of spent fuel and radioactive waste in the UK for the purposes of processing, treatment or reprocessing. Further information Further guidance on authorisations for shipments of radioactive waste and spent fuel will be published on th e radioactive waste and spent fuel GOV.UK page . 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. Reporting and notification obligations under Article 37 of the Euratom Treaty Before 29 March 2019 Under Article 37 of the Euratom Treaty, the UK government (on behalf of operators) submits information to the European Commission on plans to dispose of radioactive waste. Operators must receive a positive opinion from the Commission before obtaining domestic environmental permits or proceeding with a project.