S.L. 549.51 Art. 4Applicability. S.L. 365.15 S.L. 365.15

(1) These regulations shall apply to transboundary shipments of radioactive waste or spent fuel whenever:

(a) the country of origin or the country of destination or any country of transit is a Member State of the Community; and,

(b) the quantities and concentration of the consignment exceed the levels laid down in regulation 18(2)(a) and

(b) of the Nuclear Safety and Radiation Protection

Regulations.

(2) These regulations shall not apply to:

(a) shipments of disused sources sent to a supplier or to a manufacturer of radioactive sources or to a recognised installation;

(b) shipments of radioactive materials recovered, through reprocessing, for further use; and

(c) transboundary shipments of waste that contain only naturally occurring radioactive material which does not arise from practices.

(3) These regulations shall not affect the right of a Member State or of an undertaking in that Member State to which radioactive waste is to be shipped for processing, or for other material which is to be shipped with the purpose to recover the radioactive waste, to return the radioactive waste after treatment to its country of origin.

(4) These regulations shall not affect the right of a Member State or of an undertaking in that Member State, to which spent fuel is to be shipped for reprocessing, to return to its country of origin radioactive waste recovered from the reprocessing operation.

(5) Without prejudice to the competence of each Member State to define its own spent fuel cycle policy, these regulations shall not affect the right of a Member State to export spent fuel for reprocessing, taking into account the principles of the nuclear common market, in particular the free movement of goods: Provided that those shipments and exports shall be supervised and controlled in accordance with the procedures laid down in these regulations.

(6) These regulations shall not affect the right of a Member State to safely return to its country of origin:

(a) shipments of radioactive waste and spent fuel which fall under the scope of these regulations but which were not duly authorised in accordance with these regulations; and

(b) radioactively contaminated waste or material containing a radioactive source where this material has not been declared as radioactive waste by the country of origin.

(7) These regulations shall be without prejudice to rights and obligations under international law and shall apply without prejudice to existing provisions, such as nuclear safety and radiation protection requirements or specific legislation, in particular the Nuclear Safety and Radiation Protection Regulations.