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Council Directive 2006/117/EuratomShow full title
Council Directive 2006/117/Euratom of 20 November 2006 on the supervision and control of shipments of radioactive waste and spent fuel
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Article 9U.K.Consent and refusal
1.Not later than two months from the date of acknowledgement of receipt the competent authorities of all Member States concerned shall notify the competent authorities of the Member State of origin of their consent, or of the conditions which they consider necessary for giving their consent, or of their refusal to grant consent.
However, the competent authorities of the Member State of destination or of any Member State of transit may request a further period of not more than one month in addition to the period referred to in the first subparagraph to make their position known.
2.If upon expiry of the periods set out in paragraph 1, no reply has been received from the competent authorities of the Member State of destination and/or the intended Member State of transit, those countries shall be deemed to have given their consent for the shipment requested.
3.Reasons shall be given by Member States for any refusal to grant consent, or for conditions attached to their consent, which shall be based:
(a)for Member States of transit, on the relevant national, Community or international legislation applicable to the transport of radioactive material;
(b)for the Member State of destination, on relevant legislation applicable to the management of radioactive waste or spent fuel or on relevant national, Community or international legislation applicable to the transport of radioactive material.
Any conditions imposed by the competent authorities of the Member States, whether they are the country of transit or of destination, may not be more stringent than those laid down for similar shipments within those Member States.
4.The Member State or States which gave consent to transit for a given shipment may not refuse to give consent to reshipment in the following cases:
(a)when the initial consent concerned material being shipped for treatment or reprocessing purposes, if the reshipment concerns radioactive waste or other products equivalent to the original material after treatment or reprocessing, and all relevant legislation is respected;
(b)under the circumstances described in Article 12, if the reshipment is undertaken on the same conditions and with the same specifications.
5.Unjustified delays and/or lack of cooperation by the competent authorities of another Member State shall be reported to the Commission.
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