(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to the Council (COM(2012)0561),

–  having regard to Articles 31 and 32 of the Euratom Treaty, pursuant to which the Council consulted Parliament (C7‑0320/2012),

–  having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

–  having regard to Article 294(3) and Article 91 of the Treaty on the Functioning of the European Union,

–  having regard to the opinion of the European Economic and Social Committee of 22 February 2012(1),

–  having regard to Rule 55 and 37 of its Rules of Procedure,

–  having regard to the report of the Committee on Industry, Research and Energy and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0385/2013),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to alter its proposal accordingly, in accordance with Article 293(2) of the Treaty on the Functioning of the European Union;

3.  Instructs its President to forward its position to the Council and the Commission.

(1) OJ C 143, 22.5.2012, p. 110.

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Atomic Energy Community on the Functioning of the European Union, and in particular the second paragraph of Article 31 and Article 32 91 thereof, [Am. 2]

Having regard to the proposal from the Commission, drawn up after obtaining the opinion of a group of persons appointed by the Scientific and Technical Committee European Commission, [Am. 3]

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee(1),

Having regard to the opinion of the European Parliament Acting in accordance with the ordinary legislative procedure(2), [Am. 4]

Whereas:

(1)  Article 33 of the Treaty requires Member States to lay down the appropriate provisions to ensure compliance with the basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation.

(2)  The basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation are established by Council Directive 96/29/Euratom(3). That Directive applies to all practices which involve a risk of ionising radiation emanating from an artificial or a natural radiation source, including transport.

(3)  In order to ensure compliance with the basic safety standards persons, organisations or undertakings are subject to regulatory control by the authorities of the Member States. For that purpose Directive 96/29/Euratom requires Member States to submit certain practices involving a hazard from ionising radiation to a system of reporting and prior authorisation or to prohibit certain practices.

(4)  Transport being the only practice of a frequent cross-border nature, carriers of radioactive materials may be required to comply with requirements related to reporting and authorisation systems in several Member States. This Regulation replaces those reporting and authorisation systems in the Member States with a single registration system valid across the European Atomic Energy Community (hereinafter the ‘Community’).

(4a)  There is a need to ensure efficient and harmonised implementation of this Regulation by defining common criteria which Members States should apply in issuing registration certificates and by setting up a mechanism for feasible and mandatory exchange of information with other Member States in order to ensure control of carriers, verify compliance, and react efficiently to emergency situations. [Am. 5]

(5)  For carriers by air and sea, such registration and certification systems already exist. Council Regulation (EEC) No 3922/91(4) lays down that air carriers need a specific air operator certificate for the transportation of dangerous goods. For transports by sea, Directive 2002/59/EC of the European Parliament and of the Council(5) establishes a Community vessel traffic monitoring and information system. The certificates issued by the civil aviation authorities and the reporting system for maritime vessels are deemed to satisfactorily implement the reporting and authorisation requirements of Directive 96/29/Euratom. Registration of air and sea carriers under this Regulation is therefore not necessary to enable Member States to ensure compliance with the basic safety standards in these transport modes.

(6)  Carriers of radioactive material are subject to a number of requirements of Union and Euratom legislation as well as international legal instruments. The International Atomic Energy Agency (IAEA) Regulations for the Safe Transport of Radioactive Material (TS-R-1) and the Model Regulations for the Transport of Dangerous Goods continue to apply directly or are implemented by Member States under Directive 2008/68/EC of the European Parliament and of the Council(6) for road, rail and inland waterway transport. The provisions of that Directive are, however, without prejudice to the application of other provisions in the fields of occupational safety and health and environmental protection.

(6a)  In order to take into account possible risks related to the safety standards for the protection of the environment and health of workers and the general public, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the establishment of common criteria to be complied with by carriers of radioactive materials in order to obtain a registration certificate. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. [Am. 60]

(7)  In order to ensure uniform conditions for implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council(7).

(7a)  Given the broad aim of reducing the regulatory burden on industry, the economic impact of this Regulation on the many small businesses that transport radioactive material within a single Member State's territory should be further monitored by the Commission. [Am. 7]

HAVE ADOPTED THIS REGULATION

Article 1

Subject matter and scope

1.  This Regulation establishes a Community system for the authorisation and registration of carriers of radioactive materials which facilitates the Member States’ task of ensuring that the basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiations laid down in based on Directive 2008/68/EC and Directive 96/29/Euratom are complied with. [Am. 8]

2.  This Regulation shall apply to any carrier transporting radioactive materials by road, rail and inland waterway within the Community, from third countries into the Community and from the Community into third countries. It shall not apply to carriers transporting radioactive materials by air and sea. [Am. 9]

2a.  This Regulation shall apply without prejudice to national provisions dealing with the protection of transport of radioactive materials against theft, sabotage or other malicious acts. [Am. 10]

Article 2

Definitions

For the purposes of this Regulation

(a)  ‘carrier’ means any person, organisation or public undertaking conducting the carriage of radioactive material by any means of transport in the Community. This includes carriers for hire or reward and carriers on own account; [Am. 11]

(b)  ‘competent authority’ means any authority designated by the Member State to carry out tasks provided for in this Regulation;

(ba)  ‘common criteria’ means a set of safety standards based on the Model Regulations for the Transport of Dangerous Goods (the European Agreement on the International Carriage of Dangerous Goods by Road (ADR), the Regulations concerning the International Carriage of Dangerous Goods by Rail (RID) and the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways (ADN)), Directive 96/29/Euratom and Directive 2008/68/EC with which carriers of radioactive materials must comply with in order to obtain a registration certificate; [Am. 12]

(c)  ‘transport’ means all transport operations undertaken by the carrier from the place of origin to the place of destination, including loading, storage in transit and unloading of radioactive material; [Am. 13]

(d)  ‘radioactive material’ means any material containing radionuclides where both the activity concentration and the total activity in the consignment exceed the values specified in paragraphs 402–407 of the IAEA Regulations for the Safe Transport of Radioactive Material, Safety Requirements No. TS-R-1, Vienna, 2009 has the same meaning as in the Model Regulations for the Transport of Dangerous Goods (ADR, RID and ADN) which are implemented by Member States under Directive 2008/68/EC; [Am. 14]

(e)  ‘high consequence dangerous goods - radioactive material’ means radioactive material which have the potential for accidental release or misuse in a terrorist incident and which may, as a result, produce serious consequences such as mass casualties or mass destruction as defined in Appendix A.9. of the IAEA Nuclear Security Series No.9 ‘Security in the Transport of Radioactive Material’, Vienna, 2008; [Am. 15]

(f)  ‘excepted package’ means any package in which the allowed containing radioactive content does not exceed the activity levels laid down in Table V of Section IV of the IAEA material that meet the requirements for packages classified as "excepted packages" as specified in the Model Regulations for the Safe Transport of Radioactive Material, Safety Requirements No. TS-R-1, Vienna, 2009, or one tenth of these limits for transport by post and which is labelled as UN No. 2908, 2909, 2910 or 2911 Dangerous Goods (ADR, RID and ADN) which are implemented by Member States under Directive 2008/68/EC; [Am. 16]

(g)  ‘fissile material’ means uranium-233, uranium-235, plutonium-239 and plutonium-241 or any combination of these radionuclides.

Article 3

General provisions

1.  Carriers of radioactive materials shall have a valid registration obtained in accordance with Article 5. The registration shall allow the carrier to conduct transport throughout the whole Union.

2.  Individual transport operations shall be accompanied by a copy of the carrier’s registration certificate or by the licence or registration obtained in accordance with the applicable national procedure in the case of transport referred to in paragraph 3. [Am. 17]

3.  A holder of valid licences or registrations issued in accordance with Directive 96/29/Euratom for the handling of radioactive material or for the use of equipment containing radioactive material or sources may transport these materials or sources without registration under this Regulation if transportation is included in the licences or registrations for all Member States where the transport takes place. [Am. 18]

4.  National reporting and authorisation requirements that are additional to the requirements laid down by this Regulation may only apply to, but are not limited to, the carriers of the following materials:

(a)  fissile material, except for natural uranium or depleted uranium which has been irradiated in a thermal reactor only; [Am. 52]

(b)  high consequence dangerous goods - radioactive material.

5.  A registration shall not be required for carriers transporting exclusively excepted packages.

5a.  Any transport of radioactive materials shall comply with the international rules and standards set by UNECE on dangerous and polluting goods, as well as the corresponding ADR, RID, and ADN, as defined in Directive 2008/68/EC. [Am. 19]

5b.  When applying for registration, the applicant shall submit evidence of its financial capacity to provide compensation for any damage in the event of an accident for which its convoy is responsible, in accordance with the ‘polluter pays’ principle. [Am. 53]

5c.  The carriage of radioactive material on a convoy transporting explosives shall be prohibited. [Am. 54]

Article 4

Electronic System for Carrier Registration (ESCReg)

1.  Electronic System for Carrier Registration (ESCReg) shall be established and maintained , maintained and secured by the Commission for the supervision and control of the registration of carriers transport of radioactive material. The Commission shall define the information to be included in the system, technical specifications and requirements for the ESCReg. In order to avoid misinterpretation, those specifications shall be complete and unambiguous. [Am. 20]

1a.  The ESCReg shall be secured, robust and fully operational before the entry into force of this Regulation. In addition, an information exchange mechanism between the competent authorities and the ESCReg shall be set up in order to facilitate at least cross border transport. [Am. 21]

2.  The ESCReg shall grant restricted and secure access to the competent authorities of the Member States, to registered carriers and to applicants, subject to the relevant provisions on personal data protection, as laid down by Directive 95/46/EC of the European Parliament and of the Council(8). The competent authorities shall have access to all data available. The ESCReg shall provide the public with access to the list of registered carriers. [Am. 22]

3.  The Commission shall not competent authorities of the Member States shall be responsible for the content and the accuracy of information submitted through the ESCReg, which shall be accurate, timely and transparent. [Am. 23]

Article 5

Registration procedure

1.  A carrier shall apply for registration through the ESCReg to the competent authority referred to in paragraph 3. [Am. 24]

The applicant carrier shall submit the completed electronic application form set out in Annex I. Online guidelines with contact data and information on how to reach the contact point or the competent authority shall be available at all times in order to assist the applicant. [Am. 25]

A transitional period of one year after ...(9) shall apply, in order for all carriers to apply for and obtain a registration certificate under this Regulation. During this transitional period, the provisions of Directive 96/29/Euratom and Directive 2008/68/EC shall apply. [Am. 26]

2.  Upon completion and submission of the application form, the applicant shall receive an automatic acknowledgement of receipt, together with an application number. The competent authority shall receive the same acknowledgement. The Commission shall be responsible for ensuring compliance with paragraph 3 of this Article. In the event of rejection an error message shall be sent to the applicant giving the reasons for which the application was rejected. [Am. 27]

3.  If the applicant is established in one or more Member States, the competent authority of the Member State where the head office of the applicant is established shall process the application.

If the applicant is established in a third country, the competent authority of the Member State where the carrier intends to first enter the territory of the Union shall process the application.

The competent authority of the Member State which issues the first certificate of carrier registration shall issue also the new certificate in the event of modification of data in accordance with Article 6.

4.  Within eight weeks of issuing the acknowledgement of receipt the competent authority shall issue a certificate of carrier registration if it considers the submitted information to be complete and in compliance with this Regulation, Directive 96/29/Euratom and Directive 2008/68/EC and that the applicant fulfils the requirements of the common criteria. [Am. 28]

5.  The certificate of carrier registration shall contain the information set out in Annex II and shall be issued in the form of the standardized registration certificate through the ESCReg.

A copy of the certificate of carrier registration shall be provided automatically through the ESCReg to all the competent authorities of the all Member States where the carrier intends to operate. [Am. 29]

6.  The competent authority shall ask the applicant to provide, within three weeks of receipt of this request, the necessary corrections or supplementary information, if needed. If the competent authority refuses to issue a certificate of carrier registration on the grounds that the application is not complete or not in compliance with the applicable requirements, it shall respond in writing to the applicant within eight weeks after issuing the acknowledgement of receipt. Prior to such refusal, the competent authority shall require that the applicant corrects or suplements the application within three weeks from the receipt of this request. The competent authority shall provide a statement of the reasons for refusal. [Am. 30]

A copy of the refusal and statement of the reasons shall be provided automatically through the ESCReg to all the competent authorities of the all Member States where the carrier intends to operate. [Am. 31]

7.  If the request for a certificate of carrier registration is refused, the applicant may lodge an appeal in accordance with the applicable national legal requirements.

8.  A valid certificate of registration shall be recognized by all Member States.

9.  The certificate of carrier registration shall be valid for a period of five years and may be renewed upon application by the carrier.

9a.  The competent authority shall retain all historical data for all applicants in order to ensure their traceability, to facilitate better monitoring and to prevent any falsification. [Am. 32]

Article 6

Modification of data

1.  The carrier shall be responsible for ensuring the continued accuracy of the data provided in the application form for Community carrier registration submitted to the ESCReg. An applicant shall therefore be authorised to update its own data easily with a limited administrative burden. [Am. 33]

1a.  The competent authority that issued the certificate shall be responsible for monitoring, through inspections, the continued compliance of the registered carrier with the requirements of this Regulation for the period of validity of the certificate. [Am. 34]

2.  The carrier shall apply for a new certificate in the event of modification of the data contained in part A of the application form for Community carrier registration.

2a.  In order to ensure equal treatment for all applicants, the competent authorities shall ensure that the criteria for delivering the registration certificate are identical and consistent with IAEA definitions and that the registration process is harmonized. [Am. 35]

Article 7

Compliance assurance

1.  If a carrier does not comply with the requirements of this Regulation the competent authority of the Member State where the non-compliance was discovered shall apply enforcement measures within the legal framework of that Member State, such as written notices, training and education measures, suspension, revocation or modification of the registration or prosecution, depending on the safety significance of the non-compliance and the record of compliance of the carrier.

The enforcement measures shall be immediately notified to the Member State that issued the certificate. Within a maximum of four weeks, the notified Member State shall modify, renew or revoke the registration. The decision shall be issued through the ESCReg to the competent authorities of all Member States. [Am. 36]

1a.  Depending on the safety significance of the non-compliance and the record of compliance of the carrier, the Member State where the non-compliance was discovered may suspend the carrier's registration.

The suspension shall be immediately notified to the Member State that issued the certificate. Within a maximum of four weeks, the notified Member State shall modify, renew or revoke the registration. The decision shall be issued through the ESCReg to the competent authorities of all Member States. [Am. 37]

2.  The competent authority of the Member State where the non-compliance was discovered shall communicate to the carrier and to the competent authorities of the all Member States where the carrier was planning to transport radioactive materials, and the Commission information on enforcement action applied and a statement of reasons for application of that action. If the carrier does not comply with the enforcement action applied pursuant to paragraph 1, the competent authority of the Member State of establishment of the head office of the carrier or, if the carrier is established in a third country, the competent authority of the Member State, where the carrier intended to first enter the territory of the Community shall revoke the registration. [Am. 38]

3.  The competent authority shall communicate to the carrier and to the other competent authorities concerned the revocation together with a statement of reasons. [Am. 39]

3a.  All cases of non-compliance shall be reported to the Commission and to the ESCReg. [Am. 40]

Article 8

Competent authorities and national contact point

1.  Member States shall designate a competent authority and a national contact point for the transport registration of carriers of radioactive materials. That information shall be made available on the registration page of the applicant. [Am. 41]

Member States shall forward to the Commission not later than one month after the entry into force of this Regulation the name(s), address(es) and all necessary information for rapid communication with the competent authorities and with the national contact point for the transport of radioactive materials, as well as any subsequent change to such data.

The Commission shall communicate this information and any changes thereto to all competent authorities in the Community through the ESCReg and make it available to the public on the internet. [Am. 42]

2.  The information on the national rules on radiaton protection applicable to the transport of radioactive materials shall be easily accessible to carriers through the contact points. [Am. 43]

3.  Upon carriers’ request the contact point and the competent authority of the respective Member State shall provide complete information on the requirements for the transport of radioactive materials on the territory of that Member State.

The information shall be easily accessible at a distance and by electronic means and kept up to date.

The contact points and the competent authorities shall respond as quickly as possible to any request for information and in cases where the request is faulty or unfounded, inform the applicant accordingly without delay within two weeks. [Am. 44]

Article 9

Cooperation between competent authorities

Competent authorities of Member States shall cooperate with a view to harmonising their requirements for issuing a registration and to ensuring the harmonised application and enforcement of this Regulation.

Where there are several competent authorities within a Member State, they shall liaise and cooperate closely on the basis of legal or formal agreements between them covering the responsibilities of each authority. They shall communicate with and provide information to each other, to the national contact point, and to other governmental and non-governmental organisations that have related responsibilities.

Article 9a

Delegated acts

The Commission shall adopt delegated acts in accordance with Article 9b establishing the common criteria referred to in point ba of Article 2. [Am. 58]

Article 9b

Exercise of the delegation

1.  The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.  The power to adopt delegated acts referred to in Article 9a shall be conferred on the Commission for a period of five years from 1 January 2014.

3.  The delegation of power referred to in Article 9a may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5.  A delegated act adopted pursuant to Article 9a shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. [Am. 59]

Article 10

Implementation

The Commission shall adopt implementing acts establishing the Electronic System for Carrier Registration (ESCReg) described in Article 4.

Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 11(2).

Article 11

Advisory Committee

1.  The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.  Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.

3.  The committee shall advise and assist the Commission in the performance of its tasks provided for in this Regulation.

4.  The committee shall be composed of experts nominated by the Member States and of experts nominated by the Commission and shall be chaired by a representative of the Commission.

Article 11a

Review

The Commission shall review this Regulation by ...(10) in order to assess its effectiveness and propose, if necessary, further measures to ensure safe carriage of radioactive materials within the Community and from third countries. [Am. 47]

Article 12

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

The application of this Regulation shall take into account the availability of a validated and operational registration system. [Am. 49]

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ...,

For the European Parliament For the Council

The President The President

ANNEX I

APPLICATION FORM FOR COMMUNITY CARRIER REGISTRATION

PLEASE SEND THIS APPLICATION ONLY USING THE EUROPEAN COMMISSION’S SECURE ELECTRONIC SYSTEM FOR CARRIER REGISTRATION (ESCReg)

IF THERE IS ANY CHANGE IN THE INFORMATION IN PART A, A NEW REGISTRATION MUST BE REQUESTED. The carrier is responsible for ensuring that the data provided in the application form for Community carrier registration submitted through this system remain accurate.

The information provided in the present application form will be processed by the European Commission in compliance with Directive 95/46/EC of the European Parliament and of the Council.

 NEW CERTIFICATE OF REGISTRATION

 MODIFICATION OF AN EXISTING REGISTRATION

 RENEWAL OF AN EXISTING REGISTRATION

Registration Certificate number/s:

Please give details of why a change to an existing registration is being sought

1.  IDENTIFICATION OF THE APPLICANT:

2.  NATURE OF TRANSPORT:

3.  GEOGRAPHICAL COVERAGE

Please tick in the list below those Member States in which radioactive material is planned to be transported and select the nature of the activity

4.  TYPE OF CONSIGNMENTS

Registration is requested for:

5.  RADIATION PROTECTION PROGRAMME (RPP)

6.  QUALITY ASSURANCE PROGRAMME (QAP)

This QAP must be available for inspection by the competent authority (in accordance Article 1(7)(3) of the ADR)

7.  Declaration

 I, the carrier, hereby certify that I comply with all the relevant international, Community and national regulations relating to the transport of radioactive materials.

 I, the carrier, hereby certify that the information contained in this form is correct.

Date ……….. Name ………..…….. Signature ………

ANNEX II

ELECTRONIC CERTIFICATE OF CARRIER REGISTRATION FOR THE TRANSPORT OF RADIOACTIVE MATERIAL

NOTE:

A COPY OF THIS CERTIFICATE OF REGISTRATION SHALL ACCOMPANY EACH TRANSPORT FALLING UNDER THE SCOPE OF THIS REGULATION.

This certificate of registration is issued in compliance with Council Regulation (Euratom) xxxxx

This certificate does not relieve the carrier from compliance with the other applicable transport regulations.

1)  REGISTRATION REFERENCE NUMBER: BE/ xxxx / dd-mm-yyyy

2)  NAME OF THE AUTHORITY / COUNTRY:

3)  COMPANY NAME & ADDRESS

4)  MODE OF TRANSPORT:

 ROAD

 RAIL

 INLAND WATERWAYS

7)  MEMBER STATES where the certificate is applicable

8)  PACKAGE TYPE – UN NUMBER (see annex 1- same format )

9)  DATE

ELECTRONIC SIGNATURE

VALIDITY PERIOD : DATE + 5 years

(1) OJ C 143, 22.5.2012, p. 110. (2) Position of the European Parliament of 11 December 2013. (3) Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation (OJ L 159, 29.6.1996, p. 1). (4) Council Regulation (EEC) No 3922/91 of 16 December 1991 on the harmonization of technical requirements and administrative procedures in the field of civil aviation (OJ L 373, 31.12.1991, p. 4). (5) Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC (OJ L 208, 5.8.2002, p. 10). (6) Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods (OJ L 260, 30.9.2008, p. 13). (7) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for the control by the Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13). (8) OJ L 281, 23.11.1995, p. 31. (9) Date of entry into force of this Regulation. (10) Two years after the entry into force of this Regulation.