101 UK Brexit Notes

Connemara Programme October 16 2018 pg. 128 After 29 March 2019 if there’s no deal On exit from the EU, the requirement for the UK to notify the European Commission of plans for the disposal of radioactive waste will no longer apply. Implications Operators will not need to secure the Commission’s opinion before obtaining domestic environmental permits or proceeding with their radioactive waste disposal plans. The UK will consult with stakeholders on any future measures to keep neighbouring states informed of these types of activity in the UK that will apply after this date. Actions for businesses and other stakeholders UK operators should continue to follow the requirement to notify the Commission of plans to dispose of radioactive waste until the date of the UK’s exit from the EU. This includes continuing to work with the Department for Business, Energy and Industrial Strategy to complete and return submissions and secure Commission opinions. Further information Further details of the application of the current requirements are set out in Commission Recommendation 2010/635/Euratom . 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 41 of the Euratom Treaty Before 29 March 2019: Under Article 41 of the Euratom Treaty operators with plans for certain nuclear investments must report the details of these to the Commission. The type of nuclear investments that require notification are defined i n Council Regulation (Euratom) 2587/1999 , and the required content of the reports is set out i n Commission Regulation (EC) 1209/2000 . After 29 March 2019 if there’s no deal: On exit from the EU, the requirement for nuclear operators to inform the Commission of investment projects in the UK civil nuclear sector will no longer apply. The EU Regulations defining the content of Article 41 submissions (Council Regulation 2587/1999 and Commission Regulation 1209/2000) as they apply in the UK will be repealed. Implications: UK and EU operators will no longer need to inform the Commission of planned investments in the UK civil nuclear sector after the date of the UK’s exit from the EU. Actions for businesses and other stakeholders: UK and EU operators should continue to follow the requirement to inform the Commission of planned investments in the UK civil nuclear sector until the date of the UK’s exit from the EU. This includes continuing to complete and return submissions and discuss the submissions with the Commission. After the date of the UK’s exit from the EU, operators will no longer need to comply with this requirement. Further information Further details of the current requirements are set out in Council Regulation (Euratom) 2587/1999 a n d Commission Regulation (EC) 1209/2000 . 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. Notification of radioactive source shipments: Before 29 March 2019: Before any shipment of radioactive sources between EU countries, radioactive source holders must obtain a prior written declaration from the receiver of the source, noting that they have complied with national requirements for the safe storage, use and disposal of the source being received. These requirements are set out i n Council Regulation 1493/93/Euratom . After 29 March 2019 if there’s no deal: UK radioactive source holders who plan to send material to other EU states will continue to comply with Regulation 1493/93 by obtaining prior written declarations until the date of withdrawal. The UK will engage with operators on any new arrangements that will apply after this date, and provide further guidance on these. Implications: The UK will provide further guidance on the arrangements that will apply after the date of the UK’s exit from the EU. Any changes to these notification procedures will not prevent the shipment of radioactive sources into the UK after exit. Actions for businesses and other stakeholders: Operators should continue to comply with the notification requirements for radioactive source shipments until the date of the UK’s exit from the EU. Operators should check the website below for further guidance of the arrangements that will apply after this date.