Guidance

Transboundary impacts of radioactive waste disposal: reporting and notification obligations (Euratom Article 37) after Brexit

What operators need to do in terms of submitting plans for radioactive waste disposal to the European Commission under Euratom Article 37 if there's a no-deal Brexit.

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The UK will leave the EU on 31 October. This page tells you how to prepare for Brexit. It will be updated if anything changes, including if a deal is agreed.

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Under Article 37 of the Euratom Treaty, the UK government (on behalf of operators) submits information to the European Commission on plans to dispose of radioactive waste. This allows the Commission to make a determination as to whether implementation of a plan is liable to result in radioactive contamination of a member state. Operators must await an opinion from the Commission before obtaining domestic environmental permits or proceeding with a project.

If there’s a no-deal Brexit, the requirement for the UK to submit information to the European Commission on plans for the disposal of radioactive waste will no longer apply.

Implications

The UK will no longer submit information to the European Commission on plans for the disposal of radioactive waste.

The UK is consulting with stakeholders on alternative measures to keep neighbouring states informed of radioactive waste disposal plans in the UK.

Actions for businesses and other stakeholders

UK operators should continue to work with the Department for Business, Energy and Industrial Strategy to complete and return submissions and secure Commission opinions until the date of the UK exit from the EU.

UK operators who are currently developing an Article 37 submission, or are unsure if they need to complete a new submission, should contact the Department for Business, Energy and Industrial Strategy for further information.

Further information

Further details of the application of the current requirements are set out in Commission Recommendation 2010/635/Euratom on the application of Article 37 of the Euratom Treaty.

Published 23 August 2018