Activities of Marina YANNAKOUDAKIS related to 2011/0225(NLE)
Shadow opinions (1)
OPINION on the proposal for a Council regulation establishing a Community system for registration of carriers of radioactive materials
Amendments (14)
Amendment 16 #
Proposal for a regulation
Citation 1 a (new)
Citation 1 a (new)
Whereas, the Commission made the proposal under Article 31 and 32 of Euratom, which is about safety but the Council Legal Service have stated that the overall objectives relate to the functioning of the market. Therefore it is not possible legally to have total harmonisation of this regulation under Euratom, as Member States rightly retain the right to implement more stringent measures should they wish.
Amendment 19 #
Proposal for a regulation
Citation 4
Citation 4
Recognises the broad aim of reducing the regulatory burden on industry, but would request further study on the economic impact of this proposed regulation on many small businesses that transport radioactive material within a single state's territory. Having regard to the opinion of the European Parliament ,
Amendment 24 #
Proposal for a regulation
Recital 7
Recital 7
Amendment 29 #
Proposal for a regulation
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(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;
Amendment 45 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The Commission shall not be responsible for the content and the accuracy of information submitted through the ESCReg and this information must be accurate, timely and transparent.
Amendment 47 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Within eightfour weeks of issuing the acknowledgement of receipt, that can be delayed if extra time is deemed appropriate to uphold public safety, 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.
Amendment 48 #
Proposal for a regulation
Article 5 – paragraph 6 – subparagraph 1
Article 5 – paragraph 6 – subparagraph 1
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 eightfour weeks after issuing the acknowledgement of receipt. Prior to such refusal, the competent authority shall require that the applicant corrects or supplements the application within three weeks from the receipt of this request. The competent authority shall provide a statement of the reasons for refusal.
Amendment 49 #
Proposal for a regulation
Article 5 – paragraph 6 – subparagraph 1 a (new)
Article 5 – paragraph 6 – subparagraph 1 a (new)
In instances where a carrier needs an urgent permit, and this urgency can be justified on the grounds of reducing risks to medical patients, such as the delivery of radioactive materials used in hospitals for diagnosis and treatment, or for radioactive clean up following a accident or terrorist incident, then a certified request can be issued and approved as soon as possible pending the severity of the incident.
Amendment 55 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
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 asfirst through immediate suspension as to protect the health of workers and the general public, and then if deemed appropriate via 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.
Amendment 59 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
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 Member States who are involved, or to any other Member State who may ask for information, where the carrier was planning to transport radioactive materials, 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.
Amendment 68 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
The Commission shall be assisted by a committee under the auspices of the European Nuclear Safety Regulator Group (ENSREG). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European parliament and of the Council of 16 February 2011 laying down the rules and the general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers.
Amendment 69 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 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 Member State representative of the Commissionn a rotational basis.
Amendment 71 #
Proposal for a regulation
Annex 1 – paragraph 1 – table – part B – points 1 - 4
Annex 1 – paragraph 1 – table – part B – points 1 - 4
1. Name, position, full address, mobile and land line telephone number and e-mail- address of the responsible representative of the carrier’'s organisation (person empowered to commit the carrier’'s organisation): 2. Name, position, full address, mobile and land line telephone number and e-mail- address of the contact person for the authorities on technical/administrative issues (who has the responsibility for compliance with the regulations for the activities deployed by the carrier company): 3. Name, position and full, full address, mobile and land line telephone number and e-mail- address of the safety adviser (only for inland transport modes and if different from 1 or 2): 4. Name, position and, full address of the person responsible for the implementation, mobile and land line telephone number and e-mail- address of the Radiation Protection Programme if different from 1 or 2 or 3:
Amendment 72 #
Proposal for a regulation
Annex 1 – paragraph 4 – point 7 – paragraph - 1 (new)
Annex 1 – paragraph 4 – point 7 – paragraph - 1 (new)
If the carrier needs to add any additional details or clarifications relating to their application please mention them below: