Guidance

Civil nuclear regulation if there’s no Brexit deal

Updated 3 April 2019

Last updated 3 April 2019

We have updated this technical notice to reflect new measures and legislation put in place to prepare for our departure from the EU.

  • Export licencing: a new Dual Use export licence was introduced on 1 February 2019 to facilitate trade; customers are advised to allow longer for Trigger Use licences
  • Import licencing: importers of relevant nuclear material will be required to obtain import licences for imports from the EU in a no deal scenario; changes have been made to provide further information for businesses
  • Notification of radioactive source shipments: the new Shipments of Radioactive Substances (EU Exit) Regulations 2019 were made on 13 March 2019
  • Reporting and notification obliterations under Article 37 of the Euratom Treaty: changes have been made providing further information on actions for business and stakeholders
  • Management of spent fuel and radioactive waste: the Transfrontier Shipment of Radioactive Waste and Spent Fuel (EU Exit) Regulations 2019 were made on 31 January 2019

Delivering the deal negotiated with the EU remains the government’s top priority. This has not changed.

However, the government must prepare for every eventuality, including a no deal scenario. For 2 years, the government has been implementing a significant programme of work to ensure that the UK is prepared to leave the EU.

It has always been the case that as we get nearer to that date, preparations for a no deal scenario would have to be accelerated. We must ensure plans are in place should they need to be relied upon.

In the summer, the government published a series of 106 technical notices setting out information to allow businesses and citizens to understand what they would need to do in a no deal scenario so they can make informed plans and preparations.

This technical notice offers guidance for continued planning in the event of no deal.

Also included is an overarching framing notice explaining the government’s approach to preparing the UK for this outcome in order to minimise disruption and ensure a smooth and orderly exit.

We are working with the devolved administrations on technical notices and we will continue to do so as plans develop.

Purpose

This notice explains to the civil nuclear industry and stakeholders how the sector will be affected in the UK in the event that the UK leaves the EU and the European Atomic Energy Community (Euratom) with no agreement in place.

This notice covers:

Nuclear safeguards

Before the UK leaves the EU

The European Commission currently implements nuclear safeguards in respect of nuclear material for all EU countries, including the UK.

The UK has already passed new legislation so that the Office for Nuclear Regulation (ONR) can oversee domestic safeguards instead of Euratom and signed new international agreements with the International Atomic Energy Agency (IAEA) to replace the existing trilateral agreements between the IAEA, Euratom and the UK.

If there’s no deal

On exit from the EU, a new domestic nuclear safeguards regime will come into force.

Implications

The new regime will be run by the ONR, which already has regulatory oversight of nuclear safety and nuclear security. The new regime is not dependent on there being a deal with the EU and Euratom.

The ONR will publish guidance on the new inspection arrangements on its website.

Actions for businesses and other stakeholders

All operators in the UK civil nuclear sector will need to comply with the new domestic safeguards regime as it applies to them. This will be underpinned by regulations and administered by the ONR. The regime will include new domestic arrangements for nuclear material accountancy.

Further information

Copies of the UK’s new international agreements with the IAEA are available (MS No.13/2018 and MS No.12/2018). Draft domestic nuclear safeguards regulations were laid in Parliament on 29 November 2018.

Ownership of special fissile material

Before the UK leaves the EU

Under Euratom Treaty arrangements, all special fissile material in any EU country is legally ‘owned’ by Euratom. Operators that hold the legal title to the material have the unlimited right to use and consume the material as long as they comply with obligations in the Euratom Treaty.

If there’s no deal

On exit from the EU, Euratom ownership of special fissile material in the UK will end.

Implications

Operators that hold the legal title to special fissile material in the UK will have full ownership from this date, and their associated rights will remain unaffected.

For special fissile material on Euratom territory, Euratom rules will continue to apply until the material is exported from Euratom territory.

Actions for businesses and other stakeholders

Operators with special fissile material on UK or Euratom territory will not need to take any action in relation to the ownership of special fissile material. Operators’ legal title to this material and any associated rights will be unaffected by the UK’s withdrawal.

Supply contracts for nuclear material

Before the UK leaves the EU

Under current arrangements operators in the EU, including the UK, are required to obtain approval from the Euratom Supply Agency and, depending on the nature of the contract, the European Commission, before they conclude a supply contract for nuclear material.

If there’s no deal

On exit from the EU, Euratom Supply Agency approval will no longer be required for contracts agreed by UK-established operators, except where these involve an EU27-established operator. For EU27-established operators, Euratom Supply Agency procedures will continue to apply as currently.

Implications

The EU has set out its view that some existing contracts will need to be re-approved. Further details of the actions to be taken are set out below.

Actions for businesses and other stakeholders

The steps that UK and EU27 operators may wish to consider taking will depend on when their contract was, or is due to be, concluded.

On exit from the EU, some existing supply contracts will need to be re-approved as a result of the UK’s withdrawal. This will apply only to supply contracts that:

  • involve both a UK-established operator and an EU27-established operator
  • have been co-signed by the Euratom Supply Agency prior to the UK’s withdrawal
  • have a supply period which extends beyond the date of the UK’s withdrawal.

For existing supply contracts of this type, UK and EU27 operators affected should engage with the Euratom Supply Agency on the process for re-approval and agree with their counterparts on any steps that will need to be taken to manage the period during which this process takes place. We will continue to work with the UK operators concerned to ensure that appropriate contingency supply arrangements are in place.

For UK-established operators, Euratom Supply Agency approval will only be required after the day of withdrawal if the contract involves an EU27-established operator. Operators will need to comply with standard Euratom Supply Agency processes.

For EU27-established operators, Euratom Supply Agency procedures will continue to apply as currently.

Further information

Further details on the Euratom Supply Agency’s standard procedures can be found on the Euratom Supply Agency’s website.

Export licence arrangements

Before the UK leaves the EU

The controls that apply to the export and transfer of dual-use goods and technology are implemented by the EU Dual-Use Regulation (428/2009). At present, export controls apply to:

  • Dual-Use items listed in Annex I only to the EU Dual-Use regulation, Council Regulation 428/2009, as retained by the European Union (Withdrawal) Act 2018
  • Trigger List items listed in ‘Category 0’ of Annex I and Annex IV to the EU Dual-Use regulation, Council Regulation 428/2009, as retained by the European Union (Withdrawal) Act 2018

Details of both types of items can be found on the UK Strategic Export Control List.

If there’s no deal

The overall framework of controls of Dual-Use exports will not change, but there will be changes to some licensing requirements. Export licences issued by the UK for export from the UK will remain valid if the UK leaves the EU without a deal.

A valid export licence will continue to be required for the export of Trigger List items from the UK to any other destinations. Existing export licences issued in the UK for the export of Trigger List items to the EU will remain valid.

Implications

Existing export licences issued by the UK will not be valid for exporting Dual-Use items from EU countries. A new licence, issued by an EU country, will be required. Existing export licences issued by EU countries will not be valid for exporting Dual-Use items from the UK. A new licence, issued by the UK, will be required.

Actions for businesses and other stakeholders

Companies need to register to use the new Open General Export Licence before exporting Dual-Use items to the EU or the Channel Islands.

Companies will continue to require an export licence to export Trigger List items to the EU and existing export licences will remain valid.

Companies applying to export Trigger List items to the EU after exit day should allow additional time for applications to be processed.

Further information

Operators can find further detail on export licensing and information on the steps they will need to take in the exporting controlled goods technical notice and guidance on exporting nuclear-related items.

Import licence arrangements

Before the UK leaves the EU

Import licences are currently not required for imports of relevant nuclear materials from EU countries.

If there’s no deal

Notice to Importers 2915 (ODT, 108KB) sets out the arrangements that will apply following the UK’s withdrawal from the EU.

Implications

Under the updated arrangements, importers will need to obtain an import licence for imports of relevant nuclear materials from the EU if the UK leaves the EU with no deal. Read the guidance on licencing requirements for importing relevant nuclear material.

Actions for businesses and other stakeholders

As the requirement for an import licence will apply from 31 October 2019, operators can apply for licences for imports from the EU from 1 February 2019.

Read the guidance on licencing requirements for importing relevant nuclear material. for further information on how and where to apply for an import licence.

Further information

Further information can be found on the import control arrangements GOV.UK page.

Nuclear Cooperation Agreements

Before the UK leaves the EU

Euratom is currently party to a number of Nuclear Cooperation Agreements (NCAs) with third countries which provide the framework for the UK’s civil nuclear trade with these countries.

If there’s no deal

The UK has now concluded all the replacement bilateral Nuclear Cooperation Agreements (NCAs) needed to ensure continuity of civil nuclear trade following Euratom Exit. These arrangements are needed because the UK will no longer be covered by the NCAs agreed by Euratom. A bilateral NCA with the US was signed on 4 May, a bilateral NCA with Australia was signed on 21 August, and a bilateral NCA with Canada was signed on 2 November. These replacement agreements will ensure that civil nuclear trade can continue unimpeded. Businesses will also need to take into account other relevant guidance on GOV.UK.

Implications

Civil nuclear trade and cooperation will continue under the UK’s bilateral agreements.

Actions for businesses and other stakeholders

Operators do not need to take any action in relation to NCAs.

Further information

Further information is available from the Nuclear Cooperation Agreement Factsheet. Copies of the UK’s replacement bilateral Nuclear Cooperation Agreements are available:

The existing UK-Japan Nuclear Cooperation Agreement can be found through the FCO UK Treaties Online database.

Management of spent fuel and radioactive waste

Before the UK leaves the EU

The current Euratom arrangements provide the framework for the movement of spent fuel and radioactive waste between countries. This includes authorisations for shipments under the Supervision and Control of Shipments of Radioactive Waste and Spent Fuel Directive 2006 (Directive 2006/117/Euratom) as implemented in the UK by the Transfrontier Shipment of Radioactive Waste and Spent Fuel Regulations 2008.

Under these arrangements, a number of EU countries have contracts in place for the reprocessing of spent fuel and the treatment and processing of radioactive waste in the UK. The UK government’s policy is not to accept overseas origin radioactive waste for disposal in the UK except in specific circumstances which are set out in the relevant UK government policy documents.

If there’s no deal

The UK’s current arrangements for the reprocessing of spent fuel and treatment of radioactive waste will continue after the UK’s withdrawal from Euratom. However, the process for authorising new shipments of spent fuel and radioactive waste between the UK and EU countries will change to reflect the fact that the UK will no longer be within the EU.

The Transfrontier Shipment of Radioactive Waste and Spent Fuel (EU Exit) Regulations 2019, set out the new arrangements that will apply for the authorisation of shipments of radioactive waste and spent fuel into and out of the UK in the event of the UK leaving the EU with no deal in place.

The management of EU27 spent fuel and radioactive waste in the UK will continue in line with existing contractual arrangements. Under EU rules, there will be some small changes applicable to shipments of radioactive waste for the purposes of disposal in the UK, reflecting the UK’s position as a third country, but the UK government’s policy on accepting such shipments will remain unaffected.

Implications

Operators may need to obtain new authorisations for shipments of radioactive waste and spent fuel to be compliant with the 2019 Regulations.

The management of EU27 spent fuel and radioactive waste in the UK will continue in line with existing contractual arrangements. The current arrangements that determine which state has ultimate responsibility for the safe and responsible disposal of any spent fuel and radioactive waste generated will not be affected by the UK’s exit for either the UK or EU27 countries.

Actions for businesses and other stakeholders

Until the UK leaves the EU, operators should continue to follow the requirements of the 2008 Regulations when shipping radioactive waste and spent fuel.

In the event that the UK leaves the EU without a deal in place, operators should familiarise themselves with the new 2019 Regulations.

Further information

Further information on future arrangements can be found by reading the guidance on shipping radioactive waste and spent fuel if the UK leaves the EU without a deal in place.

Reporting and notification obligations under Article 37 of the Euratom Treaty

Before the UK leaves the EU

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 no deal

On exit from the EU, 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’s 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.

Reporting and notification obligations under Article 41 of the Euratom Treaty

Before the UK leaves the EU

Under Article 41 of the Euratom Treaty operators with plans for certain nuclear investments must report the details of these to the Commission. The type of nuclear investments that require notification are defined in Council Regulation (Euratom) 2587/1999, and the required content of the reports is set out in Commission Regulation (EC) 1209/2000.

If there’s no deal

On exit from the EU, the requirement for nuclear operators to inform the Commission of investment projects in the UK civil nuclear sector will no longer apply. The EU Regulations defining the content of Article 41 submissions (Council Regulation 2587/1999 and Commission Regulation 1209/2000) as they apply in the UK will be repealed on exit as set out in the Communication of Investments (Revocation) (EU Exit) Regulations 2018.

Implications

There will no longer be a requirement for operators to inform the Commission of planned investments in the UK civil nuclear sector after the date of the UK’s exit from the EU.

Actions for businesses and other stakeholders

UK and EU operators should continue to follow the requirement to inform the Commission of planned investments in the UK civil nuclear sector until the date of the UK’s exit from the EU. This includes continuing to complete and return submissions and discuss the submissions with the Commission. After the date of the UK’s exit from the EU, operators will no longer need to comply with this requirement.

Further information

Further details of the current requirements are set out in Council Regulation (Euratom) 2587/1999 and Commission Regulation (EC) 1209/2000.

Notification of radioactive source shipments

Before the UK leaves the EU

Before any shipment of radioactive sources between EU countries, radioactive source holders must obtain a prior written declaration from the receiver of the source, noting that they have complied with national requirements for the safe storage, use and disposal of the source being received. These requirements are set out in Council Regulation 1493/93/Euratom.

If there’s no deal

On exit from the EU, the Shipments of Radioactive Substances (EU Exit) Regulations 2019 set out the new arrangements that will apply in the event that the UK leaves the EU with no deal in place. These continue the requirement for prior written declarations to be made for sources shipped from EU27 states into the UK.

Implications

All prior written declarations for shipments from the EU into the UK made before the UK leaves the EU will remain valid until their agreed date of expiry.

New prior written declarations made after exit from the EU will need to be completed in accordance with the new Regulations.

Actions for businesses and other stakeholders

Operators should continue to follow the requirements under Council Regulation 1493/93/Euratom when shipping radioactive sources between the UK and the EU until the UK leaves the EU. Operators should also familiarise themselves with the new Regulations which will apply after exit day.

Further information

Further information on future arrangements can be found by reading the guidance on shipping radioactive sources between the UK and EU.