Regulation of the Federal Minister of Agriculture, Forestry, Environment and Water Management, the Federal Minister for Economic Affairs and Labour, and the Federal Minister of Transport, Innovation and Technology for the Monitoring and Control of Shipment Radioactive waste and spent fuel from the, into or through the Federal territory (Radioactive Waste-Shipments Regulation 2009-RAbf-VV 2009)

Due to § 36 paragraph 1 Z 4 and Z 8 and § 36b of the Radiation Protection Act, BGBl. No 227/1969, as last amended by the Federal Law BGBl. I No 13/2006,

1.		as far as businesses are concerned, including the Mineral Raw Materials Act, BGBl. I n ° 38/1999, by the Federal Minister for Economic Affairs and Labour, in agreement with the Federal Minister for Agriculture, Forestry, Environment and Water Management,
2.		with regard to transport by rail, road, air and sea for companies which are subject to the Federal Law on Transport-Labour Inspectorate (VAIG 1994), BGBl. No 650, by the Federal Minister of Transport, Innovation and Technology in agreement with the Federal Minister for Agriculture, Forestry, Environment and Water Management, and
3.		Moreover, the Federal Minister for Agriculture, Forestry, the Environment and Water Management,
ordering:

table of contents

Part 1 General provisions
§ 1.	Objectives and implementation notice
§ 2.	Scope
§ 3.	Definitions
§ 4.	Requirements for shipments
§ 5.	Approved languages
§ 6.	Export ban
Part 2 Shipments within the Community
1. Main item Shipments from Austria to another Member State
§ 7.	Application of the permit application
§ 8.	Transmission of the application and further information
§ 9.	Approval of shipments
§ 10.	Transmission of acknowledgement of receipt
2. Main piece Shipments to Austria or transit through Austria
§ 11.	Formal examination of the application
§ 12.	Decision on the application
§ 13.	Transmission of acknowledgement of receipt
3. Main piece Non-end shipments
§ 14.
Part 3 Shipments from a third country or to a third country 1. Main item Shipments from Austria to a third country
§ 15.	Application of the permit application by the owner
§ 16.	Transmission of the application and further information
§ 17.	Approval of shipments
§ 18.	Notification of the shipment
2. Main piece Shipments from a third country through Austria to another third country
Section 1 Austria as the first Member State of transit
§ 19.	Application of the permit application by the responsible person
§ 20.	Transmission of the application and further information
§ 21.	Approval of shipments
§ 22.	Notification of the shipment
Section 2 Austria as a further Member State of transit
§ 23.	Formal examination of the application
§ 24.	Decision on the application
3. Main piece Shipments from a third country to Austria
§ 25.	Application of the permit application by the recipient
§ 26.	Transmission of the application and further information
§ 27.	Approval of shipments
§ 28.	Transmission of acknowledgement of receipt
4. Main piece Non-end shipments
§ 29.
Part 4 Final provisions
§ 30.	Linguistic equality
§ 31.	Transitional provision
§ 32.	Override

Part 1

General provisions

Objectives and implementation notice

§ 1. (1) The objective of this Regulation is to establish a system for the supervision and control of transboundary movements of radioactive waste and spent fuel, in order to ensure adequate protection of the population.

(2) This Regulation provides for Directive 2006 /117/EURATOM on the supervision and control of shipments of radioactive waste and spent fuel, OJ L 327, 30.12.2006, p. No. 21. and Commission Decision 2008 /312/EURATOM, OJ L 337, 27.12.2008, p. No. OJ L 107 of 17.04.2008 p. 32.

Scope

§ 2. This Regulation shall apply to transboundary movements of radioactive waste and spent fuel from, into or through the territory of the Federal Republic where the quantities or concentrations of activity of the supply are those contained in Appendix 1 to the General Radiation Protection Ordinance-AllgStrSchV, BGBl. II No 191/2006, exceed the limits laid down.

(2) Not subject to the scope of this Regulation

1.		Shipments of emitted radiation sources that are not intended to be used for their purpose, or are intended to be used, to suppliers or manufacturers of radiation sources or institutions pursuant to § 36c (1) Radiation Protection Act-StrSchG, BGBl. No 227/1969,
2.		Shipments of radioactive substances recovered by work-up for further use, and
3.		Shipments of radioactive waste in the context of natural radiation sources within the meaning of the Natural-Radiation Sources-Regulation-NatStrV, BGBl. II No 2/2008.

Definitions

§ 3. The following definitions shall apply to this Regulation:

1.		"Spent fuel elements" are nuclear fuels that are irradiated and permanently removed from the reactor core. In this case, it is immaterial whether a reprocessing or a final storage of the spent fuel elements is provided.
2.		"Owner" means any natural or legal person who is responsible for such material in accordance with applicable national law prior to the shipment of radioactive waste or spent fuel, and who is planning to transfer to a recipient.
3.		"country of destination" means a Member State or a third country where a shipment is or takes place.
4.		"third country" means a State which is not a member of the European Union.
5.		"country of transit" means a Member State or a third country through whose territory a shipment is or takes place, except for the country of origin and the country of destination. The first Member State of transit shall be that Member State through whose border crossing point the radioactive waste or spent fuel shall first enter the Community.
6.		"Recipient" means any natural or legal person to which radioactive waste or spent fuel is spent.
7.		"Member State" means a Member State which is a member of the European Union.
8.		"country of origin" shall be either a Member State or a third country from which a shipment is planned or initiated.
9.		"shipment" means all the directions necessary for the carriage of radioactive waste or spent fuel from the country of origin to the country of destination. "Shipment within the Community" means a shipment in which the country of origin and the country of destination are Member States. If this is not the case, it is a "shipment to countries and from countries outside the Community".
10.		"Reprocessing" means a process or an operation whose purpose is to obtain radioactive isotopes from spent fuel for re-use.
11.		"competent authorities" means all authorities which, in accordance with the laws, regulations and administrative provisions of the countries of origin, transit or destination, apply the monitoring and control system for shipments of radioactive waste and spent nuclear waste Fuel elements are authorized.

Requirements for shipments

§ 4. (1) Any shipment of radioactive waste or spent fuel within the meaning of this Regulation on the Austrian national border shall require the consent or approval of the competent Austrian authority.

(2) Anyone who has spent radioactive waste on the Austrian national border, contrary to the provisions of this Regulation, shall, without delay, have the border crossing point used by him for shipment via the Austrian national border. Austria to spend. The competent Austrian authority may, where necessary for reasons of simplicity, expediency and feasibility, order or agree to another border crossing point, after consultation with the authority of the neighbouring State.

(3) In the case of all shipments covered by this Regulation, an application shall be submitted in advance, with the uniform accompanying sound referred to in Appendix 1 is to be used. The use of the uniform accompanying note is essential for a duly completed application.

(4) The application for authorisation may extend to several shipments where:

1.		the radioactive waste or spent fuel to which it relates has essentially the same physical, chemical and radioactive properties; and
2.		these movements are to be carried out by the same owner to the same recipient and the same competent authorities are to be involved, and
3.		in the case of transit through third countries, the same crossing point of import and export to or from from the Community and via the same border crossing point of the third country or third countries concerned, unless there is a different agreement between the competent authorities concerned.

(5) Additional requirements for the approval of a shipment shall be accompanied by the competent Austrian authority with the uniform accompanying text.

(6) In the case of any shipment covered by this Regulation, without prejudice to any other accompanying documents required by other relevant legislation, shall be accompanied by the completed uniform accompanying document, which shall: authorisations required. These documents shall be made available to the competent Austrian authority upon request at any time. This also applies to cases where a permit has been granted for several shipments that have been aggregated into one and the same document.

Approved languages

§ 5. (1) The application for a permit, additional documents, information or other documents shall be submitted to the competent Austrian authority in German or English.

(2) At the request of the competent authorities of the country of destination or transit, the applicant shall provide a certified translation of the documents referred to in paragraph 1 in a language which is acceptable to them.

Export ban

§ 6. The competent Austrian authority has the authorisation to fail for shipments

1.		to a destination south of the 60. Grads of southern latitude or
2.		in a State which is a signatory to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part (ACP-EC Cotonou Agreement, OJ 2000 L L 317/ 3) and is not an EU Member State, or
3.		in a third country, where the competent Austrian authority considers that the third country does not have the administrative, technical and legal requirements for the radioactive waste or spent fuel in the sense of the Joint Convention on the Safety of Spent Fuel Management and Radioactive Waste Management, BGBl. III. No 169/2001. In forming its opinion, the competent Austrian authority has to take account of relevant information transmitted by other Member States.

Part 2

Shipments within the Community

1. Main item

Shipments from Austria to another Member State

Application of the permit application

§ 7. (1) An owner of radioactive waste or spent fuel in Austria, who intends to spend or have it spent from Austria in another Member State, has the responsibility of the competent Austrian authority to submit an application for authorisation.

(2) The competent Austrian authority shall examine the application in accordance with paragraph 1 and, if necessary, issue requests for improvement to the applicant.

Transmission of the application and further information

§ 8. The competent Austrian authority shall forward the duly completed application to the competent authorities of the Member State of destination and, where appropriate, of the Member States of transit, for the approval of the competent authorities.

(2) The competent Austrian authority shall give the competent authorities of the Member State of destination and, where appropriate, the Member States of transit, a period of two months from the date of receipt of the notification of receipt;

1.		whether the application is accepted,
2.		which conditions are deemed necessary, or
3.		whether or not consent is denied.

(3) On the basis of an application by the Member State of destination or of any Member State of transit, the competent Austrian authority shall extend the period referred to in paragraph 2 by a maximum of one month.

(4) If the competent authorities of the Member States have not received a reply from the competent authorities of the Member States after the expiry of the time limits referred to in paragraph 2 or in accordance with paragraph 3, the competent Austrian authority shall assume that these countries have agreed to the shipment requested.

(5) The competent authority of the Member State of destination or of a Member State of transit shall, at the request of the competent authority of the Member State or of a Member State of transit, request further information, the holder shall, at the request of the competent Austrian authority, submit it. The competent Austrian authority shall then take over the forwarding of the information to the requesting authority.

Approval of shipments

§ 9. (1) The competent Austrian authority shall give the holder the authorisation to transfer radioactive waste or spent fuel if:

1.		an indirect or direct threat to the life or health of people, including their progeny, from ionizing radiation is not to be expected; and
2.		have agreed to all the Member States concerned or may be approved by their silence in accordance with Article 8 (4) of the agreement.
The competent Austrian authority shall inform the competent authorities of the Member State of destination and of any Member State of transit and third countries of transit, of the authorisation.

(2) The authorisation referred to in paragraph 1 shall have no influence on the responsibility of the owner, carrier, owner, consignee or any other natural or legal person involved in the shipment.

(3) A permit may extend to several movement operations under the conditions set out in § 4 (4).

(4) authorisations shall be issued for a period not exceeding three years. In determining the period of validity, the competent Austrian authority shall take account of the conditions laid down in the declaration of consent of the Member State of destination or of any Member State of transit.

Transmission of acknowledgement of receipt

§ 10. After receiving the confirmation of the consignee about the receipt of the delivery, the competent Austrian authority shall send the original owner a copy of the acknowledgement of receipt.

2. Main piece

Shipments to Austria or transit through Austria

Formal examination of the application

§ 11. (1) Where an application for a transfer from another Member State is sent to the competent Austrian authority, it shall be sent within 20 days to verify that the application has been properly submitted.

(2) Where Austria is the Member State of destination and the application has been duly lodged, the competent Austrian authority shall have received an acknowledgement of receipt from the competent authority of the Member State of origin, as well as the other concerned. competent authorities shall transmit a copy thereof within ten days of the end of the period referred to in paragraph 1.

(3) Where the competent Austrian authority considers that the request is not properly submitted, it shall request the missing information from the competent authorities of the Member State of origin and the other competent authorities of the Member State of origin shall: To inform the Member States of transit of this request. This request shall be made before the expiry of the period referred to in paragraph 1.

(4) Where Austria is the Member State of destination, the competent Austrian authority shall, not later than 10 days after receipt of the missing information, send an acknowledgement of receipt to the competent authorities of the Member State of origin, as well as the other competent authorities concerned shall transmit a copy thereof.

(5) The time-limits for issuing the receipt can be shortened if the competent Austrian authority has verified that the application has been duly lodged.

Decision on the application

§ 12. (1) The competent Austrian authority shall, without prejudice to paragraph 2, inform the competent authorities of the Member State of origin of the receipt within two months of the issue of the receipt of the receipt,

1.		whether it agrees to the shipment,
2.		the conditions which it considers necessary; or
3.		whether it refuses to give its consent.

(2) The competent Austrian authority may apply for a supplementary period of not more than one month to the time limit laid down in paragraph 1 for the notification of its position.

(3) The competent Austrian authority shall give reasons for any refusal of consent or of the consent of the competent authority, in which case it shall:

1.		as a Member State of transit to relevant national, Community or international legislation relating to the transport of radioactive material; and
2.		in the Member State of destination, the relevant legislation for the management of radioactive waste and spent fuel as well as national, Community or international legislation relating to the transport of radioactive waste Material
is to be supported.

(4) The competent Austrian authority shall not impose more stringent conditions than those applicable to similar movements within the territory of the Federal Republic of Germany.

(5) If the competent Austrian authority has consented to transit for a certain shipment, it may not refuse to consent to the return of the shipment if:

1. (a)			the original consent has been given to the shipment of material for treatment or reprocessing; and
b)			the reintroduction of radioactive waste or treatment or treatment Reprocessing products which correspond to the original material, and
c)			comply with all relevant legislation;
or if
2.		in the case of non-end shipments within the meaning of § 14, the return movement is effected with the same conditions and specifications as the shipment.

Transmission of acknowledgement of receipt

§ 13. If Austria is the country of destination, the recipient of radioactive waste or spent fuel has received a confirmation within 15 days from the competent Austrian authority of the receipt of the delivery. A copy of this confirmation shall then be sent by the competent Austrian authority to the competent authorities of the other countries affected by the shipment.

3. Main piece

Non-end shipments

§ 14. The competent Austrian authority may decide, in the context of movements within the Community, as an authority of the Member State of origin, transit or destination, that a shipment may not be brought to an end if: the conditions for the shipment

1.		are no longer met in accordance with this Regulation, or
2.		do not comply with the authorisations or consents granted in accordance with this Regulation.
The competent Austrian authority shall immediately inform the competent authorities of the other Member States that are involved in the shipment of this decision.

(2) Where a shipment cannot be completed or if the conditions for shipment are not fulfilled in accordance with the provisions of this Regulation, the competent Austrian authority shall ensure that:

1.		the radioactive waste or spent fuel in question is withdrawn by the holder, provided that no other safe control can be made and
2.		the owner takes the necessary protection and security measures.

(3) In case of shipments which cannot or may not be completed, the owner shall bear the costs.

Part 3

Shipments from a third country or to a third country

1. Main item

Shipments from Austria to a third country

Application of the permit application by the owner

§ 15. (1) An owner of radioactive waste or spent fuel in Austria, who intends to spend or have it spent from Austria in a third country, has a competent Austrian authority To submit an application for authorisation.

(2) The competent Austrian authority shall examine the application submitted in accordance with paragraph 1 and, if necessary, grant the applicant an improvement order.

Transmission of the application and further information

§ 16. (1) The competent Austrian authority shall:

1.		to notify the authorities of the country of destination of the planned shipment prior to their implementation and to obtain their consent; and
2.		to submit the duly submitted request for consent to the competent authorities of any Member State of transit.

(2) The competent Austrian authority shall give the competent authorities of the country of destination and, where appropriate, the Member States of transit, a period of two months from the date of receipt of the notification of receipt;

1.		whether the application is accepted,
2.		which conditions are deemed necessary, or
3.		whether or not consent is denied.

(3) On the basis of an application by the country of destination or of any Member State of transit, the competent Austrian authority shall extend the period referred to in paragraph 2 by a maximum period of one month.

(4) If the competent authorities of the Member States have not received a reply from the competent authorities of the Member States after the expiry of the time limits referred to in paragraph 2 or in accordance with paragraph 3, the competent Austrian authority shall assume that these countries have agreed to the shipment requested.

(5) The competent authorities of the country of destination or of a Member State of transit shall, at the request of the competent authority of the competent Austrian authority, submit the information missing. The competent Austrian authority shall then be responsible for the forwarding of the information to the requesting authorities.

Approval of shipments

§ 17. (1) The competent Austrian authority shall give the holder the authorisation to transfer radioactive waste or spent fuel if:

1.		an indirect or direct threat to the life or health of people, including their progeny, from ionizing radiation is not to be expected,
2.		has agreed to the country of destination; and
3.		all the relevant transit Member States have agreed or, by their silence, may be accepted in accordance with Article 16 (4) of the agreement.
The competent Austrian authority shall inform the competent authorities of the third country of destination and of any Member States of transit and third countries of transit of the authorisation.

(2) The authorisation referred to in paragraph 1 shall have no influence on the responsibility of the owner, carrier, owner, consignee or any other natural or legal person involved in the shipment.

(3) A permit may extend to several movement operations under the conditions set out in § 4 (4).

(4) authorisations shall be issued for a period not exceeding three years. In determining the period of validity, the conditions specified in the declaration of consent of the country of destination or of any Member State of transit shall be taken into account.

Notification of the shipment

§ 18. The owner shall, within 15 days of arrival of the radioactive waste or spent fuel, report to the competent Austrian authority that they have reached their destination in the third country, the last of which shall be the last Frontier crossing point of the Community which has been carried out by the Community. This notification shall be accompanied by a declaration or certificate issued by the consignee stating that the radioactive waste or spent fuel has reached its proper place of destination. This declaration shall also indicate the entry point of entry of the third country.

2. Main piece

Shipments from a third country through Austria to another third country

Section 1

Austria as the first Member State of transit

Application of the permit application by the responsible person

§ 19. (1) If radioactive waste or spent fuel is to be transferred from a third country to Austria and the country of destination is not a Member State, the natural or legal person who is responsible for the management of the shipment shall be within Austria is responsible for submitting an application for a permit to the competent Austrian authority if Austria is the first Member State of transit.

(2) The application must contain proof that the recipient established in a third country has entered into an agreement with the holder established in a third country which has been agreed by the competent authorities of the latter third country , according to which the owner is obliged to take back the radioactive waste or spent fuel if the movement cannot be completed in accordance with § 29.

(3) The competent Austrian authority shall examine the application in accordance with paragraph 1 and, if necessary, issue requests for improvement to the applicant.

Transmission of the application and further information

§ 20. (1) The competent Austrian authority shall forward the request for authorisation to the competent authorities of any other Member States of transit for the approval of the competent authority.

(2) The competent Austrian authority shall give notice to the competent authorities of the Member States of transit for a period of two months from the date of issue of the acknowledgement of receipt;

1.		whether the application is accepted,
2.		which conditions are deemed necessary, or
3.		whether or not consent is denied.

(3) On the basis of an application by a Member State of transit, the competent Austrian authority shall extend the period referred to in paragraph 2 by a maximum period of one month.

(4) If the competent authorities of the Member States have not received a reply from the competent authorities of the Member States after the expiry of the time limits referred to in paragraph 2 or in accordance with paragraph 3, the competent Austrian authority shall assume that these countries have agreed to the shipment requested.

(5) The competent authority of a Member State of transit shall, at the request of the competent authority of a Member State of transit, request further information, the person responsible shall, in accordance with section 19 (1), submit the information to the competent Austrian authority at the request of the competent authority. The competent Austrian authority shall then take over the forwarding of the information to the requesting authority.

Approval of shipments

§ 21. (1) The competent Austrian authority shall give the person responsible pursuant to section 19 (1) the authorisation to transfer radioactive waste or spent fuel, if:

1.		an indirect or direct threat to the life or health of people, including their progeny, from ionizing radiation is not to be expected; and
2.		all the relevant transit Member States have agreed or, by their silence, may be accepted in accordance with Article 20 (4) of the agreement.
The competent Austrian authority shall inform the competent authorities of the third country of origin and of any Member State of transit and third countries of transit of the authorisation.

(2) The authorisation referred to in paragraph 1 shall have no influence on the responsibility of the owner, carrier, owner, consignee or any other natural or legal person involved in the shipment.

(3) A permit may extend to several movement operations under the conditions set out in § 4 (4).

(4) authorisations shall be issued for a period not exceeding three years. The conditions laid down in the declaration of consent of the Member States of transit shall be taken into account in the determination of the period of validity.

Notification of the shipment

§ 22. The person responsible pursuant to section 19 (1) has to report to the competent Austrian authority within 15 days of the arrival of the radioactive waste or spent fuel that the latter has reached its destination in the third country, where it indicates the last frontier crossing point of the Community to which the shipment has been made. This notification shall be accompanied by a declaration or certificate issued by the consignee to the effect that the radioactive waste or spent fuel has reached its proper place of destination. This declaration shall also indicate the entry point of entry of the third country.

Section 2

Austria as a further Member State of transit

Formal examination of the application

§ 23. (1) Where an application for a transfer from another Member State is sent to the competent Austrian authority, it shall be sent within 20 days to verify that the application has been properly submitted.

(2) Where the competent Austrian authority considers that the request is not properly submitted, it shall request the missing information from the competent authorities of the first Member State of transit and the other competent authorities shall: authorities of the Member States of transit shall be informed of this request. This request shall be made before the expiry of the period referred to in paragraph 1.

Decision on the application

§ 24. (1) The competent Austrian authority shall, without prejudice to paragraph 2, inform the competent authorities of the first Member State of transit within two months of the date of receipt of the receipt,

1.		whether it agrees to the shipment,
2.		the conditions which it considers necessary; or
3.		whether it refuses to give its consent.

(2) The competent Austrian authority may apply for a supplementary period of not more than one month to the time limit laid down in paragraph 1 for the notification of its position.

(3) The competent Austrian authority shall give reasons for any denials of consent or of the consent of the competent authority, taking into account relevant national, Community or international legislation relating to: Transport of radioactive material.

(4) The competent Austrian authority shall not impose more stringent conditions than the conditions applicable to similar shipments within the territory of the Federal Republic of Germany.

(5) If the competent Austrian authority has consented to transit for a certain shipment, it may not refuse to consent to the return of the shipment if:

1. (a)			the original consent has been given to the shipment of material for treatment or reprocessing; and
b)			the reintroduction of radioactive waste or treatment or treatment Reprocessing products which correspond to the original material, and
c)			comply with all relevant legislation;
or if
2.		in the case of non-end shipments within the meaning of section 29, the return movement is carried out with the same conditions and specifications as the shipment.

3. Main piece

Shipments from a third country to Austria

Application of the permit application by the recipient

§ 25. (1) If radioactive waste or spent fuel is to be transferred to Austria from a third country, the consignee shall submit an application for authorisation to the competent Austrian authority.

(2) The request for authorisation must contain proof that the recipient has entered into an agreement with the holder established in the third country which has been accepted by the competent authorities of that third country, according to which the holder is obliged to withdraw the radioactive waste or spent fuel if the movement cannot be brought to an end in accordance with § 29.

(3) The competent Austrian authority shall examine the application in accordance with paragraph 1 and, if necessary, issue requests for improvement to the applicant.

Transmission of the application and further information

§ 26. (1) The competent Austrian authority shall forward the request for authorisation to the competent authorities of any Member State of transit which are transit Member States.

(2) The competent Austrian authority shall give notice to the competent authorities of the Member States of transit for a period of two months from the date of issue of the acknowledgement of receipt;

1.		whether the application is accepted,
2.		which conditions are deemed necessary, or
3.		whether or not consent is denied.

(3) On the basis of an application by a Member State of transit, the competent Austrian authority shall extend the period referred to in paragraph 2 by a maximum period of one month.

(4) If the competent authorities of the Member States have not received a reply from the competent authorities of the Member States after the expiry of the time limits referred to in paragraph 2 or in accordance with paragraph 3, the competent Austrian authority shall assume that these countries have agreed to the shipment requested.

Where the competent authority of a Member State of transit requests, in the application, any information which is still missing, the applicant shall submit the information. The competent Austrian authority shall then take over the forwarding of the information to the requesting authority.

Approval of shipments

§ 27. (1) The competent Austrian authority shall authorise the shipment of radioactive waste or spent fuel into the territory of the Federal Republic of Germany where:

1.		an indirect or direct threat to the life or health of people, including their progeny, from ionizing radiation is not to be expected; and
2.		all the relevant transit Member States have agreed, or may be accepted by their silence in accordance with Article 26 (4).
The competent Austrian authority shall inform the competent authorities of the third country of origin and of any Member State of transit and third countries of transit of the authorisation.

(2) The authorisation referred to in paragraph 1 shall have no influence on the responsibility of the owner, carrier, owner, consignee or any other natural or legal person involved in the shipment.

(3) A permit may extend to several movement operations under the conditions set out in § 4 (4).

(4) Authorisations shall be valid for a period of not more than three years. The conditions laid down in the consent of the Member State of destination or transit shall be taken into account in determining the period of validity.

Transmission of acknowledgement of receipt

§ 28. The consignee shall send an acknowledgement of receipt to the competent Austrian authority within 15 days of receipt of the delivery for each delivery. The competent Austrian authority shall send copies of the acknowledgement of receipt to the country of origin and to any Member States of transit or third countries of transit.

4. Main piece

Non-end shipments

§ 29. The competent Austrian authority may decide, in connection with movements from or to a third country, as an authority of the Member State of origin, transit or destination, that a shipment may not be brought to an end if: the conditions for the shipment

1.		are no longer fulfilled in accordance with the Regulation; or
2.		do not comply with the authorisations or consents granted in accordance with this Regulation.
The competent Austrian authority shall immediately inform the competent authorities of the country of origin and of any Member State of transit of such a decision.

(2) Where a shipment cannot be completed or if the conditions of the shipment are not fulfilled in accordance with the provisions of this Regulation, the competent Austrian authority shall be the authority of the Member State of origin to ensure that

1.		the radioactive waste or spent fuel in question is withdrawn by the holder, provided that no other safe control can be made and
2.		the owner takes the necessary protection and security measures.

(3) Where Austria is the Member State of origin, the holder shall bear the costs in the case of shipments which cannot or may not be brought to an end.

(4) Where Austria is the first Member State of transit, the responsible person referred to in Article 19 (1) shall bear the costs of shipments which cannot or may not be brought to an end.

(5) Where Austria is the Member State of destination, the consignee shall bear the costs in the case of shipments which cannot or may not be brought to an end.

Part 4

Final provisions

Linguistic equality

§ 30. To the extent that personal names are referred to in this Regulation only in male form, they shall refer to women and men in the same way. The gender-specific form is to be used in the application to certain persons.

Transitional provision

§ 31. If the application for authorisation was duly approved by the competent Austrian authority or submitted to it before 31 December 2008, the Radioactive Waste Shipments Regulation, BGBl, shall apply. II No 44/1997, for all shipments covered by the authorisations concerned.

Override

§ 32. With the entry into force of this Regulation, the Regulation on the supervision and control of shipments of radioactive waste from, into or through the territory of the Federal Republic of Germany, BGBl. II No 44/1997, except for force.

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