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S.I. No. 320/2013 - Radiological Protection Act 1991 (Responsible and Safe Management of Radioactive Waste) Order 2013.

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strumentsIonstraimí Reachtúla 2013 S.I. No. 320/2013 - Radiological Protection Act 1991 (Responsible and Safe Management of Radioactive Waste) Order

  1. S.I. No. 320/2013 - Radiological Protection Act 1991 (Responsible and Safe Management of Radioactive Waste) Order
  2. AmendmentsLeasuithe Download PDF Íoslódáil PDF Notice of the making of this Statutory

strument was published

“Iris Oifigiúil” of 27th August, 2013. I, PHIL HOGAN, Minister for the Environment, Community and Local Government,

exercise of the powers conferred on me by sections 30

(1)
(2)and
(8)of the Radiological Protection Act 1991 (No. 9 of 1991), after consultation with the Ministers referred to

subsection

(1)of that section and the Radiological Protection

stitute of Ireland, for the purpose of giving effect to Council Directive 2011/70/Euratom of 19 July 2011 establishing a Community framework for the responsible and safe management of spent fuel and radioactive waste, hereby order as follows: Citation 1. This Order may be cited as the Radiological Protection Act 1991 (Responsible and Safe Management of Radioactive Waste) Order 2013. Entry

to Force 2. This Order shall come

to operation on 22nd August 2013. Definitions 3.

(1)

this Order— “closure” means the completion of all operations at some time after the emplacement of radioactive waste

a disposal facility,

cluding the final engineering or other work required to bring the facility to a condition that will be safe

the long term; “Directive” means Council Directive 2011/70/EURATOM of 19 July 2011 establishing a Community framework for the responsible and safe management of spent fuel and radioactive waste; “disposal facility” means any facility or

stallation the primary purpose of which is radioactive waste disposal; “

stitute” means the Radiological Protection

stitute of Ireland; “Minister” means the Minister for the Environment, Community and Local Government; “radioactive waste” means radioactive material

gaseous, liquid or solid form for which no further use is foreseen or considered by the competent regulatory authority or by a legal or natural person whose decision is accepted by the competent regulatory authority, and which is regulated as radioactive waste by the competent regulatory authority; “radioactive waste management” means all activities that relate to handling, pre-treatment, treatment, conditioning, storage, or disposal of radioactive waste, excluding off-site transportation; “radioactive waste management facility” means any facility or

stallation the primary purpose of which is radioactive waste management; “storage” means the holding of radioactive waste

a facility with the

tention of retrieval.

(2)A word or expression which is used

this order and which is also used

Council Directive 2011/70/EURATOM has, unless the context otherwise requires, the same meaning

this Order as it has

the Directive. General Principles 4.

(1)No radioactive waste generated

any other EU Member State or a third country shall be accepted for importation and disposal

Ireland unless at the time of shipment an agreement, taking

to account the criteria established by the European Commission

accordance with Article 16

(2)of Directive 2006/117/Euratom on the supervision and control of shipments of radioactive waste and spent fuel, has entered

to force between the State and another EU Member State or a third country to use a disposal facility

the State.

(2)No radioactive waste generated

the State shall be exported to any other EU Member State or a third country unless at the time of shipment an agreement, taking

to account the criteria established by the European Commission

accordance with Article 16

(2)of Directive 2006/117/Euratom on the supervision and control of shipments of radioactive waste and spent fuel, has entered

to force between the State and another EU Member State or a third country to use a disposal facility

one of them. Amendment to the Ionising Radiation Order 5. The Radiological Protection Act, 1991 (Ionising Radiation) Order, 2000 (S.I. No. 125/2000) is hereby amended as follows: (a)

Article 2

(1)by the

sertion of the following definitions; “closure” means the completion of all operations at some time after the emplacement of radioactive waste

a disposal facility,

cluding the final engineering or other work required to bring the facility to a condition that will be safe

the long term; “Directive” means Council Directive 2011/70/Euratom of 19 July 2011 establishing a Community framework for the responsible and safe management of spent fuel and radioactive waste; “disposal facility” means any facility or

stallation the primary purpose of which is radioactive waste disposal; “radioactive waste” has the same meaning as assigned to it

Article 3

of the Radiological Protection Act 1991 (Responsible and Safe Management of Radioactive Waste) Order 2013; “radioactive waste management” means all activities that relate to handling, pre-treatment, treatment, conditioning, storage, or disposal of radioactive waste, excluding off-site transportation; “radioactive waste management facility” means any facility or

stallation the primary purpose of which is radioactive waste management; “storage” means the holding of radioactive waste

a facility with the

tention of retrieval; and the substitution of “Environment, Community and Local Government” for “Public Enterprise”

the definition of Minister. (b)

Article 3

(1)(a) by the

sertion of the following subsection after subsection (

  1. v)“(
  2. vi)all stages of radioactive waste management, from generation to disposal, when the radioactive waste results from civilian activities.” (
  3. c)by the

sertion of the following after Article 4 “4A Such a licence shall not be granted

respect of the exportation for disposal, from the State to another EU Member State or third country, of radioactive waste generated

the State unless at the time of shipment an agreement, taking

to account the criteria established by the European Commission

accordance with Article 16

(2)of Directive 2006/117/Euratom on the supervision and control of shipments of radioactive waste and spent fuel, has entered

to force between the State and that other EU Member State or third country to use a disposal facility

that other EU Member State or third country.” “4B Such a licence shall not be granted

respect of the importation for disposal

the State of radioactive waste generated

another EU Member State or a third country, unless at the time of shipment an agreement, taking

to account the criteria established by the Commission

accordance with Article 16

(2)of Directive 2006/117/Euratom, has entered

to force between the State and that other EU Member State or third country to use a disposal facility

the State.” (d)

Article 5

(1)by the

sertion of the following subsection after subsection (e) “(f)(i) waste from extractive

dustries which may be radioactive and which falls within the scope of Directive 2006/21/EC; (ii) authorised releases.” (e)

Article 5

by the

sertion of the following paragraphs after paragraph

(2)
(3)Article 4A and Article 4B do not apply to practices

volving repatriation of disused sealed sources to a supplier or manufacturer.

(4)Article 4A shall not affect the right of an undertaking

the State to return the radioactive waste after treatment or processing, to its country of origin, where: (

  1. a)radioactive waste is to be shipped to the undertaking for treatment or processing; or (
  2. b)other material is to be shipped to the undertaking with the purpose of recovering the radioactive waste.” Reporting 6. The

stitute shall report to the Minister on the implementation of the Directive as required. Given under the Official Seal of the Minister for the Environment, Community and Local Government, 22 August 2013. PHIL HOGAN, Minister for the Environment, Community and Local Government. EXPLANATORY NOTE (This note is not part of the

strument and does not purport to be a legal

terpretation.) This Order transposes Ireland’s obligations

relation to Directive 2011/70/Euratom. The objective of this Directive is to cover all aspects of radioactive waste and spent fuel management, from generation through to long-term disposal. It stipulates the prime responsibility of generators and the ultimate responsibility of each Member State for the management of waste generated on its territory by ensuring that appropriate national arrangements are taken to guarantee a high level of safety to protect workers and the general public against the risks arising from ionising radiation. It formally establishes the responsibility of each Member State for the management of its radioactive waste and regulates export conditions for the disposal of this waste. The Radiological Protection

stitute of Ireland has been deemed the Competent Authority for the purpose of implementation of these Orders. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais

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