S.L. 549.51 Art. 32Transit through the Community where Malta is not the first Member State of transit.

(1) Where radioactive waste or spent fuel is to enter the Community from a third country and the country of destination is not a Member State, the natural or legal person who has the responsibility for managing the shipment within the Member State through whose customs post radioactive waste or spent fuel is first to enter the Community (first Member State of transit) shall submit an application for authorisation to the competent authorities of that Member State:

Provided that the application may be sent in respect of more than one shipment, under the conditions set out in regulation 15(2):

Provided also that the application shall include evidence that the consignee established in the third country has made an arrangement with the holder established in the third country, and accepted by the competent authorities of that third country, obliging that holder to take back radioactive waste or the spent fuel where a shipment cannot be completed in accordance with these regulations, as provided for in sub-regulation (5).

(2) The competent authorities of the first Member State of transit shall send the application referred to in sub-regulation (1) for consent to 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: Provided that regulations 17 and 18 shall apply.

(3) If all the consents necessary for shipment have been granted, the competent authorities of the first Member State of transit shall be entitled to authorise the person responsible referred to in sub-regulation (1) to carry out the shipment and shall inform the competent authority as competent authority of the Member State of transit, the competent authorities of any other Member State or third country of transit or of origin accordingly:

Provided that regulation 19(2), (3) and (4) shall apply.

(4) The person responsible referred to in sub-regulation (1) shall notify the competent authorities of the first Member State of transit that the radioactive waste or spent fuel has reached its destination in the third country within fifteen days of the date of arrival and shall indicate the last customs post in the Community through which the shipment passed: Provided that the notification shall be substantiated by a declaration or certification by the consignee stating that the radioactive waste or spent fuel has reached its proper destination and indicating the customs post of entry in the third country.

(5) 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 decide that the shipment may not be completed if the conditions for shipment are no longer complied with in accordance with these regulations, or are not in accordance with the authorisations or consents issued pursuant to these regulations: Provided that such Member State shall forthwith inform the competent authorities of the country of origin of this decision: Provided also that the person responsible referred to in sub-regulation (1) shall be liable for costs arising in cases where the shipment cannot or may not be completed.