S.L. 549.51 Art. 36Applicabilityofthe Criminal Code. Cap. 9. Cap. 9. Cap. 9. to B-6: of with waste - each of section B- box, deleting and values. estimates. tick one of the frontier eventually countries. State (= must with the accepted by that holder to cannot Country (= another third mind that the in the established

(1) The provisions of articles 23 and 30 of the Criminal

Code shall, apply to proceedings in respect of mutatis mutandis, offences against these regulations, so however that the disqualification from holding or obtaining a licence, permit or authority shall in no case be for less than one year.

(2) Notwithstanding the provisions of article 370 of the Criminal Code, proceedings for an offence against these regulations shall be held before the Court of Magistrates (Malta) or the Court of Magistrates (Gozo), as the case may be, and shall be in accordance with the provisions of the Criminal Code regulating the procedure before the said courts as courts of criminal judicature.

(3) Notwithstanding the provisions of the Criminal Code, the Attorney General shall always have a right of appeal to the Court of Criminal Appeal from any judgement given by the Court of Magistrates (Malta) or the Court of Magistrates (Gozo) in respect of proceedings for any offence against these regulations. Schedule 1

(Regulation 5) Schedule 2

(Regulation 5) EXPLANATORY NOTES to each item of the standard document sections A-1 to A-6 and B-1

Definition of a duly completed application: An application for the authorisation a shipment of radioactive waste or spent fuel is duly completed in accordance Directive 2006/117/Euratom, if - in case of shipments of radioactive item of section A-1, or - in case of shipments of spent fuel - each item 1, contains the required information, either by ticking the relevant (=crossing out) the non-applicable option or filling in the relevant data In case of an application for several shipments, items 8 and 9 may contain

(1) The applicant must duly complete all items 1 to 14. In item 1 boxes as applicable to define the type of shipment and fill in the relevant posts in case third countries are concerned in the shipment,

(a) Tick Type MM for shipments between Member States, passing through one or more other Member States or third

(b) Tick Type IM for shipments from a third country to a Member import into the Community), bearing in mind, that the application include evidence that the consignee has made an arrangement holder established in the third country, and which has been the competent authority of that third country, obliging take back the radioactive waste or spent fuel where a shipment or may not be completed.

(c) Tick Type ME for shipments from a Member State to a third export from the Community), or

(d) Tick Type TT for shipments from one third country to country passing one or more Member States, bearing in application must include evidence that the consignee established third country has made an arrangement with the holder the third country, and accepted by the competent authority country, obliging that holder to take back radioactive waste where a shipment cannot or may not be completed.

(2) By ticking the relevant box, the applicant must state clearly application covers only one shipment within a period of time (e.g. 05/2010, 2010-2011) or whether the application covers more than one shipment period of time, but not more than a period of three years from authorisation. A single application may be sent in respect of more shipment, provided the following conditions are met as set out in Article Directive 2006/117/ Euratom:

(a) the radioactive waste or spent fuel to which it relates essentially same physical, chemical and radioactive characteristics;

(b) the shipments are to be made from the same holder consignee and involve the same competent authorities, and

(c) where the shipments involve transit through third countries, is made via the same frontier post of entry to and/or Community and via the same frontier post(s) of the third countries concerned, unless otherwise agreed between authorities concerned. applicant must fill in the relevant frontier posts in case one or more are concerned in the shipment. These frontier posts must be identical shipments covered by the application unless otherwise agreed by the authorities.

applicant must fill in his/her trade name, address and contact details. name, also known as a trading name or a business name, is the name which trades under for commercial purposes, although its registered, legal name, contracts and other formal situations, may be another. The applicant must appropriate box to define his/her function, which is the following, depending shipment: the holder in case of a shipment between Member States (Type MM) or export from the Community into a third country (Type ME); the consignee in case of an import into the Community from a third country (Type IM); the person responsible for the shipment in the Member State by which the radioactive waste or spent fuel enters the Community in case of a transit through the Community (Type TT). applicant must fill in the trade name, address and contact details of the where the radioactive waste or spent fuel is held before the shipment, different from the address of the applicant. applicant must fill in the trade name, address and contact details of the case of shipment type IM, this information is identical with item 4. applicant must fill in the trade name, address and contact details of the where the radioactive waste or spent fuel will be held after the shipment, different from the address of the consignee.

applicant must complete all fields either by ticking the appropriate box one answer is possible) or filling in the specific characteristics and radioactive waste or spent fuel. These values may be estimates in case shipments. applicant must complete item 9, the values may be estimates. applicant must tick and define the type of activity giving rise to the waste or spent fuel and tick the appropriate box(es) or specify any other than one answer is possible. applicant must define the purpose of the shipment and tick the box (only one answer is possible) or specify any other purpose. applicant must list up, as planned, the different modes of transport the shipment (road, rail, sea, air, inland waterway) and add accordingly point of departure, point of arrival and the planned carrier (if already Changes of this schedule at a later point during the application procedure and should be notified to the competent authorities but do not require a application for approval.

applicant must list up all countries concerned in the shipment, starting Member State or third country where the radioactive waste or spent and ending with the last Member State or third country, where it will be completion of the shipment. Should the applicant whish to change the of countries, a new application is required.

applicant must declare who takes back the radioactive waste or spent the shipment(s) cannot take place or if the conditions for shipment cannot be fulfilled. Where the shipment is of type IM or TT, the attach to the application evidence of an arrangement between the consignee Member State or third country of destination and the holder of the radioactive or spent fuel in the third country which has been approved by authorities of the third country. Having completed items 1 to 14 the applicant must send the section standard document to the competent authority, which is responsible authorisation for the shipment. The competent authority responsible for issuing the shipment authorisation refusal is the following, depending on the type of the shipment is: • the competent authority of the Member State of origin shipments between Member States (Type MM) and exports Community (Type ME); • the competent authority of the Member State of destination import into the Community (Type IM); • the competent authority of the first Member State of transit, shipment enters the Community in case of a transit Community (Type TT).

The relevant contact data can be retrieved from the electronic communication platform established and maintained by the Commission or from the published competent authorities.

(15) Immediately upon receipt of the application, the competent responsible for issuing the authorisation for the shipment must -

(a) enter the registration number at the top of each section document, starting with section 1,

(b) verify that all items of section 1 have been duly completed applicant,

(c) complete item 15 of section 2 and make sufficient copies 2 and 3 for each Member State or Country concerned. Third transit are consulted for information only.

(16) The competent authority responsible for the authorisation must

(a) complete, as appropriate, item 16 of section 2 (and 18 of each competent authority of the Member States or Countries as listed in item 13, whose consent is required for the shipment(s) authorised, and

(b) send the duly completed application (section 1) together with without delay - for consent to each competent authority named in item 16.

(17) Item 17 to be completed by the competent authority of the Member concerned. The date of the application and of receipt must be entered upon receipt of the application. Within twenty days after the date competent authority of the Member States concerned must verify, if is duly completed (all items 1 to 14 must be completed and no information missing; some values may be estimates). Only 17(a) or 17(b) can delete as applicable.

(a) If the competent authority of the Member State(s) of transit, destination consider the application not duly completed, complete item 17(a), delete item 17(b) and notify their missing information to the competent authority responsible for issuing the authorisation (referred to as in item 15). They have to clearly state, which information is missing (fill in or attach document). The competent authority requesting the missing information must send copies of section 2 to all other competent authorities of the Member States concerned referred to as in item 13 within a period of twenty days from the date of receipt of the application. The relevant contact data can retrieved from the electronic communication platform established and maintained by the Commission or from the published list of competent authorities. If one Member State concerned considers the application not duly completed, the procedure is stopped. In this case, even if the competent authority of Member State of destination considers the application duly completed, they may not send an acknowledgement of receipt until the requested information has been received and no further request has been sent within ten days after the receipt of the missing information. This procedure may be repeated until all missing information has been received and no further requests missing information have been sent. Not later than ten days after expiry of the twenty days from the receipt application, if no request for missing information has been received within the twenty-day period and if the competent authority of the Member State concerned deems the application duly completed, it must send section 2 to the competent authority responsible for the authorisation as referred to as in item 15 and copies thereof to all other competent authorities of the Member States concerned as referred to as item 13. The relevant contact data can be retrieved from the electronic communication platform established and maintained by the Commission or from the published list of competent authorities. Shorter periods of time can be agreed between all competent authorities the Member States concerned. order to allow the competent authorities to request missing information within a period of twenty days after the receipt of the application, the competent authority of the Member State of destination must not issue their acknowledgement of receipt before the expiry of the twenty days deadline. Upon expiry of the twenty-day deadline, if the competent authority of the Member States of destination consider the application duly completed and if either no other Member States are concerned or no other competent authority concerned requested missing information, it (the competent authority of the Member States of destination) must complete item 17(b).

Immediately upon receipt of the acknowledgement of receipt of a duly application of the competent authority of the Member State of destination authority responsible for the authorisation must verify if the deadlines respected, and complete item 18 of section 3 for each Member State listed in item 13, whose consent is required for the shipment(s) to be competent authority concerned must make necessary additional entries in competent authority responsible for the authorisation must fill in the deadline for automatic approval, which applies to all Member States This expiry date is in general two months after the date of acknowledgement of receipt of the Member State of destination as referred item 17(b). Then the competent authority responsible for the authorisation send section 3 on the consent or refusal to all Member States concerned.

Immediately upon receipt of section 3, any competent authority concerned decide if a further period of time is needed to decide upon refusal or shipment. An additional period of up to one month may be requested general deadline in item 19, filling in the new deadline and notifying deadline to all competent authorities concerned.

(20) The competent authority concerned must give the application consideration. Not later than the expiry of the deadline for the automatic the competent authority concerned must complete item 20 and return copy of section 3 (scanned original if sent by e-mail) to the competent responsible for issuing the authorisation (as referred to as in item consent is refused, reasons must be given and must be based (for Member Transit) on the relevant national, Community or international legislation to the transport of radioactive material or - for Member States of destination relevant legislation applicable to the management of radioactive waste or on relevant national, Community or international legislation applicable transport of radioactive material. Any conditions imposed must stringent than those laid down for similar shipments within Member to complete and return the standard document by the due time shall deemed consent to the shipment application, subject to Article 9(2) 2006/117/Euratom.

(21) The competent authority responsible for issuing the shipment must complete items 21 to 23, when all consents necessary for the been given by the competent authorities concerned, bearing in mind, consent is deemed to be given only provided that -

(a) the acknowledgement of receipt has been received (at competent authority of the Member State of destination as in item 17(b), and

(b) no request for missing information have been left unanswered,

(c) no reply (neither consent nor refusal) has been received applicable deadlines as referred to as in item 19 from authorities concerned.

(22) The competent authority referred to as in item 21 must list space provided is not sufficient, all consents (incl. conditions) and reasons) received, if any, from all competent authorities concerned.

(23) The competent authority referred to as in item 21 must -

(a) complete item 23 bearing in mind that the maximum period for the authorisation is three years and that a single authorisation cover more than one shipment, where the conditions set 6(2) of the Directive 2006/117/Euratom are met,

(b) send the original of section 4a to the applicant together with 1, 4a, 5 and 6, and

(c) send copies of section 4a to all other competent authorities

(24) The competent authority responsible for issuing the shipment must complete items 24 to 25, if at least one of the competent authorities did not give their consent to the shipment. competent authority as referred to in item 24 must list up or attach all refusals received, including all conditions and reasons for refusal and original copy of section 4b to the applicant and copies of this section to all competent authorities concerned.

shipment(s) has(ve) been authorised and the applicant has received 5 and 6, he/she must duly complete item 26. In case the application shipments, he/she must make sufficient copies of section 5 for each applicant must tick the appropriate box, indicating whether the covers a single shipment or several shipments. In case of several appropriate serial number must be filled in.

each shipment the applicant must duly complete item 28 to 30 (even authorisation relates to several shipments). In this section, the values must not applicant must duly complete item 29 (list of packages) and indicate at total number of packages, the total number of each type of package, mass, the total gross mass and the total activity (GBq) of all packages. If provided in the document is not sufficient, please attach a separate list with requested. applicant must complete item 30 (date of origin and declaration) before of radioactive waste of spent fuel (even if the authorisation relates to shipments). Together with sections 1 and 4a, section 5 accompanies the waste or spent fuel while it is being shipped. The description of and list of packages (section 5) is then attached to the section 6 (acknowledgement of receipt). consignee (in case of MM and IM shipments), the holder (in case of ME the person responsible for the shipment (in case of TT shipments) complete items 31 to 35 (36, if applicable); any necessary additions being applicant. However, a consignee located outside the European may acknowledge receipt of the radioactive waste or spent fuel by declaration separate from the standard document.

consignee must duly complete the name, address and contact details of where the radioactive waste or spent fuel is held after the shipment.

consignee must complete item 33 (as referred to as in item 23) and shipment received is the last shipment covered by the authorisation.

cases where the authorisation covers a single shipment of the types MM or IM, the consignee must complete section 6 within fifteen days of receiving the radioactive waste or spent fuel and submit sections 5 and 6 the competent authority of the Member State of destination. The competent authority of the Member State of destination then forward copies of sections 5 and 6 to the other competent authorities concerned (and, where appropriate, the original of these two sections to the competent authority who issued the authorisation). For shipments of the type MM, the competent authority of the Member State of origin must send a copy of the acknowledgement of receipt to the holder. cases where the authorisation covers a single shipment of type ME or TT the applicant must ensure that the consignee located outside the European Community sends him section 5 and section 6 duly completed immediately on receipt of the radioactive waste or spent fuel. Section 6 may be replaced by a declaration on the part of the consignee at least the information contained in items 31to 36. Within after receipt of the radioactive waste or spent fuel, the forward section 5, section 6 (if the consignee did not use applicant must complete it) and, where applicable, the declaration, to the competent authority which issued the This authority must then send copies of sections 5 and applicable, the consignee’s declaration, to the other authorities concerned.

(c) In cases where the authorisation covers several shipments MM or IM, the consignee must complete section 6 after (having made several copies of a blank section 6 for this submit this section directly to the competent authority which authorisation. The consignee attaches section 5 relating shipment.

(d) In cases where the authorisation covers several shipments ME or TT the applicant must ensure that after each consignee located outside the European Communities each shipment a (blank) copy of section 6 and returns it the appropriate section 5.

(34) The consignee must tick “not applicable” or complete item 34 of type ME or TT or attach a separate declaration and give the reference attachment

(35) The consignee must complete item 35 when the single shipment shipments covered by the authorisation have been carried out. In cases authorisation covers several shipments the final acknowledgement completed and submitted as if the authorisation were valid for a single except that:

(a) It is stated in item 30 of section 6 that the shipment in last shipment covered by the authorisation.

(b) Any declaration made by a consignee located outside Communities must state that all the radioactive waste covered by the shipment authorisation has indeed arrived. The consignee must send the section 6 (acknowledgement of receipt) with section 5 depending on the type of shipment to the competent authority Member State of destination in case of Type MM or IM shipments, applicant as referred to as in item 5 (section 1) in case of a Type ME or To provide an overview, the section 6 for each of the shipments covered authorisation must be attached to the final acknowledgement of receipt.

(36) The consignee must tick “not applicable” or complete item shipments of type ME or TT, or replace it by a separate declaration, attachment. The applicant must forward sections 5 and 6 to the authority issued the authorisation. To provide an overview, the section 6 for shipments covered by the authorisation must be attached acknowledgement of receipt.