S.L. 549.51 Art. 18Consent and refusal.

(1) Not later than two months from the date of acknowledgement of receipt of application, the competent authorities of destination, the competent authority as competent authority of the Member State of transit, and the competent authorities of the other Member States of transit, if any, shall notify the competent authorities of the Member State of origin of their consent, or of the conditions which they consider necessary for giving their consent, or of their refusal to grant consent: Provided that the competent authorities of destination, the competent authority as competent authority of the Member State of transit, and the competent authorities of the other Member States of transit, if any, may request a further period of not more than one month in addition to the period referred to in sub-regulation (1) to make their position known.

(2) If upon expiry of the periods set out in sub-regulation (1), no reply has been received from the competent authorities of destination, the competent authority as competent authority of the Member State of transit, and the competent authorities of the other Member States of transit, if any, those countries shall be deemed to have given their consent for the shipment requested.

(3) Reasons shall be given by the competent authorities for any refusal to grant consent, or for conditions attached to its consent, which shall be based:

(a) for the competent authority, as competent authority of the Member State of transit, and the competent authorities of the other Member States of transit, if any, on the relevant national, Community or international legislation applicable to the transport of radioactive material;

(b) for the competent authorities of destination, on relevant legislation applicable to the management of radioactive waste or spent fuel or on relevant national, Community or international legislation applicable to the transport of radioactive material:

Provided that any conditions imposed by the competent authorities of destination, the competent authority as competent authority of the Member State of transit, and the competent authorities of the other Member States of transit, if any, may not be more stringent than those laid down for similar shipments within those Member States.

(4) The competent authority as competent authority of the Member State of transit, and the competent authorities of the other Member States of transit, if any, which gave consent to transit for a given shipment may not refuse to give consent to reshipment in the following cases:

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

(b) under the circumstances described in regulation 21, if the reshipment is undertaken on the same conditions and with the same specifications.