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Decision transport fissile materials, ores and radioactive materials

Original Language Title: Besluit vervoer splijtstoffen, ertsen en radioactieve stoffen

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Decision of 4 September 1969, implementing Articles 16, 19, first paragraph, 21, 29, 30, second paragraph, 31 and 32 of the Nuclear Energy Act

We JULIANA, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc., etc., etc.

On the nomination of Our Ministers of Economic Affairs, of Social Affairs and Health and of Transport and Water of 23 August 1968, no. 668/639 W.J.A., the Central Energy Council heard;

Having regard to the Articles 16 , 19 , first paragraph, 21 , 26 , 29 , 30 , second paragraph, 31 , 32 and 35 of the Nuclear Energy Act ( Stb. 1963, 82);

The Council of State heard (opinion delivered on 25 September 1968, no. 88);

Having regard to the further report of Our Minister for Economic Affairs and the Secretaries of State of Social Affairs and Health and of Transport and Water of 3 September 1969, no. 669/585 W.J.A.;

Have found good and understand:

Chapter I. General provisions

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Article 1

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  • 1 In this Decision and the provisions based thereon, the following definitions shall apply:

    • Belgium: A ship which, unless there are nautic conditions for doing so, without a port, transfer place, anchorage or waiting area in the Netherlands, without any loading, loosening or bunkering operations and without the existence of the case, shall be provided. Cleaning, gas-freeing or washing of tanks, sails:

      • 1 °. from the sea, over the Westerschelde, to Belgium; or

      • 2 °. Shipping from Belgium, on the Westerschelde, to the sea;

    • collo : packaging containing radioactive content, ready for dispatch;

    • global notification: notification of the consignments to be carried out within a period of 12 months, made prior to the first transport operation within that period;

    • Act : to transport, inside or outside the territory of the Netherlands, or have available for storage in connection with the transport of:

      • 1º fuel,

      • 2º ore,

      • 3º. artificial source or

      • 4º. natural source, insofar as it is or is being prepared for its radioactive properties,

      except in the case of an intervention, accident or radiological emergency;

    • Member of the population: a person from the population inside or outside a location, other than an employee during his working time or a person undergoing radiological activity;

    • location : Establishment, as intended Article 15 (b) of the Act , or as designated under Article 1.1, third paragraph, of the Environmental Management Act the place where an act or an activity is carried out;

    • Economic operator : the person under whose responsibility an act or activity is carried out;

    • Our Minister: Our Minister for Economic Affairs, Agriculture and Innovation;

    • the Directive on the transport of dangerous goods by land: Directive No 2008 /68/EC of the European Parliament and of the Council of the European Union of 24 September 2008 on the transport of dangerous goods by land (PbEG L 260);

    • VBG: Scheme for the transport of dangerous substances by inland waterway;

    • VLG: Scheme for the transport of dangerous goods by land;

    • VSG: Scheme of transport on the railway of hazardous substances;

    • 2 : to transport, inside or outside the territory of the Netherlands, or to have available for storage in connection with the transport of a natural source, to the extent that it is not or is being prepared for its radioactive properties, except in the case of transport of a natural source, except in the case of transport of intervention, an accident or a radiological emergency;

    • Law: Nuclear energy law .

  • 2 An amendment to the Directive on the transport of dangerous goods by country shall apply to the application of this Decision as from the day on which the relevant amending Directive has to be implemented.


Article 1a

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This Decision shall not apply to:

  • a. Radioactive substances, fissile materials or ores which form an integral part of the means of transport;

  • b. radioactive substances, fissile materials or ores carried within an establishment or between two sites within an undertaking of the economic operator, if the transport is subject to regulations on the establishment of the undertaking; It shall be applied and transport shall not be carried out through the public road;

  • (c) radioactive substances, fissile materials or ores, present in the human body or in live animals;

  • d. radioactive substances, fissile materials or ores in products designated by our Minister, intended for use on or in the immediate vicinity of persons;

  • e. natural sources of work, if their activity concentration is less than or equal to 10 times the values specified in Table 2.2.7.7.2.1 of this Annex. Annex 1 to the VSG .


Article 1b

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At or under the Article 1, third paragraph , 3 , 4, first, second, third, sixth and seventh member , 5 , 7, second and fourth to seventh members , 8 , 9, second and fourth members , 10, first and third members , 11, first, second and seventh members, 14, first, third and fourth members , 15, first and fifth members , 16 , 17 , 20, first and second members , 48 to 51 , 76 to 80 , 83 to 101 , 112 to 114 , 116 to 119 , 122, 1st Member and 124 of the radiation protection decision Certain, with the exception of those provided for therein, shall apply by analogy, subject to the following:

  • a. In Article 3 (6) , instead of 'Annex 1, Table 1 and Table 2', is replaced by the following: Table 2.2.7.7.2.1 of Annex 1 to the VSG;

  • b. [ Red: Expiring;]

  • c. the corresponding application of Article 10 (d), point (d) , and 11, second paragraph, of the Radiation Protection Decision does not concern resources;

  • d. involves the transport of fissile materials, ores or radioactive materials, our Minister of Infrastructure and the Environment;

  • e. the Articles 114 and 119 only by analogy apply in case of a category B accident being scaled up to a category A accident;

  • f. to the corresponding application of Article 124 for 'deviating from this Decision' is replaced by the following: that of articles of the Radiation Protection Act which have been declared from the corresponding application.


Article 1c

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No authorisation under this Decision shall be granted if:

  • a. not to the under Article 1b in connection with the Articles 4 , 5 , 6 , 9 , 10 , 11 , 48 , 76 , 77 and 78 of the Radiation Protection Decision applicable conditions of justification, optimisation and dose limits are fulfilled;

  • b. for a member of the population who is outside the site, due to the act or efficacy for which the licence has been requested and due to other acts and activities inside and outside of this location, one of the following doses exceeded:

    • 1º. an effective dose of 1 mSv in a calendar year, and taking into account:

    • 2º. an equivalent dose of 50 mSv in a calendar year for the skin on average over any skin surface of 1 cm 2 ;

  • c. the act or efficacy for which the licence has been applied for belongs to a category which is in accordance with the provisions of Article 1b in connection with the Article 4, second paragraph, of the Radiation Protection Decision the scheme in force is disclosed as justified, but the specific nature of that measure or activity on the basis of Article 4, first paragraph, of that Decision is not justified.


Article 1d

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Our Minister may lay down rules regarding the security of transport, the storage in connection with transport, and bring or do to the inside or outside Dutch territory. Article 22 Nuclear installations, fissile materials and minerals referred to in Article 22, and ores and the in Article 20ca of the Radiation Protection Decision referred to as radioactive substances.

Chapter II. Transport and holding of storage in connection with transport

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Section 1. General provisions

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§ 1. Fissile materials and ores

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Article 2

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  • 1 The in Article 15 (a) of the Act prohibit the transport and holding of nuclear fuel or ore transport, if within the site:

    • a. The activity of the radionuclides in the relevant fissile materials or ores is lower than the one given in Table 2.2.7.7.2.1. VSG declared limit value for the activity of an exempted consignment, or

    • b. the concentration of activity of those substances or ores is lower than the one shown in Table 2.2.7.7.2.1. VSG declared value for the concentration of activity for exempted substances.

  • For the purposes of applying the first paragraph, irradiated fuel shall be assessed for irradiated state.

  • 4 By arrangement of our Minister, provision may be made to ensure that the first paragraph does not apply in designated categories of cases where there is too high risk of exposure of workers or members of the public.


Article 3

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  • 1 The following information is the application for a permit for the transport of fissile materials or ores, or for the possession of said substances or ores in connection with transport:

    • a. Name and address of the applicant;

    • b. The name and address of the consignor;

    • (c) the name and address of the person for whom the fissile materials or ores are to be used;

    • d. the route or route of transport through which the transport operation will take place;

    • e. the final destination in the case of transhipment, or the purpose for which the substances or ores are used at the place of destination;

    • f. a description of the means of transport or means of transport to which transport is to be carried out;

    • g. the likely date of transport or duration, for which authorisation is requested;

    • h. the quantity of the fissile materials or minerals to be transported;

    • i. in cases of packages of type B (M) or if the provisions for packaging with fissile materials are set out in Chapter 6.4 of this Regulation; Annex 1 to the VSG apply:

      • 1 °. a copy of the certificate of approval or approval of the model of the packages referred to in 5.1.5.3.1 of this Regulation. Annex 1 to the VSG , issued either by our Minister or by the competent authority of another country designated under the second paragraph,

      • 2 °. the data specified in 6.4.23.2 (c) of Annex 1 to the VSG ;

    • (j) in the case of the transport of fissile materials or ores under a special procedure specified in 1.7.4: the information specified in 6.4.23.3 of this Regulation is carried out in accordance with Annex 1 to the VSG ;

    • k. in cases where a country designated pursuant to paragraph 2 is involved first in dispatch: certificates issued by the competent authority of that country relating to dispatch of dispatch specified in 5.1.5.3.1 (c); 5.1.5.3.1 (b) of Annex 1 to the VSG ;

    • (l) the name and address of the person, who shall be covered by the insurance or other financial security provided for in Article 4 , shall provide the name and address of the person who will conclude such insurance or any other financial security;

    • m. where applicable, a precise indication of the place or place, where storage of the fissile materials or ores associated with the transport operation will take place;

    • n. If a permit is requested for an act which is in accordance with the provisions of Article 1b , in conjunction with Article 4, second paragraph, of the Radiation Protection Decision , the rules in force are published as justified, a reference to that publication.

  • 2 A designation of countries referred to in the first paragraph, point (h) and (j) shall be made by a designation of a Member State, under h and j. Official Gazette Our Minister's decision to make it known.

    Only countries which, in the opinion of our Minister, will be able to apply to the recommendations made by the International Atomic Energy Agency.

  • 3 If an authorisation is sought for an act which has not been disclosed or has been disclosed as a non-justified in accordance with Article 1b , in conjunction with Article 4, second paragraph, of the Radiation Protection Decision the applicable scheme, the application for a licence also includes a request for justification of that measure. Therefore, the application for the authorisation contains the information relating to the economic, social and other benefits of the act in question and to the health damage which may be caused by it, which are necessary for the purpose of on the assessment of the justification of the act.


Article 4

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  • 1 For the purposes of transport, a licence for the transport of plutonium or enriched uranium containing plutonium or enriched uranium or for the holding of the said substances shall be made in connection with the transport. compensation to third parties for damage caused, their inflicted, on the provision of the provision that the carriage or the existence of the holding within the territory of the Netherlands may be carried out only if the person concerned is, for the purpose of damage, as intended in a special legal system of liability in the field of nuclear energy, caused during the transport or storage of the fissile materials, liable to be liable, to cover such liability shall have insurance or other financial security as provided for in that legislation or on a liability of the Minister of Finance of Our Minister; approved insurance or other financial security.

  • 2 The transport of plutonium or enriched uranium containing fissile materials and the holding of such materials for storage in connection with transport within the territory of the Netherlands, for which, by virtue of this Decision, it is Article 15 (a) The prohibition does not apply unless the person responsible for damage, as provided for in a special legislation on nuclear power, is responsible for the transport or storage of nuclear power. the fissile materials, liable to be liable, shall be covered by insurance or other financial security as provided for in that special legislation or on an insurance or other financial guarantee approved by Our Minister of Finance. insurance or other financial security.

  • 3 The first and second paragraphs shall not apply to the transport and possession of the substances of an enrichment or in quantities which are not subject to the legislation in question.


Article 4a [ ExpAND per 01-01-2011]

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Article 4b [ Expired by 01-01-2014]

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§ 2. Radioactive substances

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Article 4c

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  • 1 The operator carrying a radioactive substance shall report this transport and the holding in connection with the storage in connection with that transport to our Minister at least three weeks in advance.

  • 2 The obligation referred to in paragraph 1 shall not apply to the transport or holding of radioactive substances in so far as the carrier can prove that:

    • a. that transport has already been mentioned in the global notification; and

    • b. maintains an administration in which the data is mentioned in Article 4d are included.

  • 3 The obligation laid down in paragraph 1 shall not apply if there is subsequent transport in the context of the movement within the territory of the Netherlands (s) or the preceding transport in the context of the land outside the Netherlands (s) bring as referred to in Article 27 .

  • 4 The obligation laid down in paragraph 1 shall not apply to the transport or holding at storage in connection with that transport of an artificial source or source, to the extent that it is or is being prepared for its purposes radioactive properties, if:

    • a. The activity of the radionuclides in the radioactive substance in question is less than the activity shown in Table 2.2.7.7.2.1 of this Annex. Annex 1 to the VSG declared limit value for the activity of an exempted consignment,

    • b. The activity concentration of that substance is lower than the one shown in Table 2.2.7.7.2.1 of this Annex. Annex 1 to the VSG declared value for the concentration of activity for exempted substances, or

    • c. Article 5 is applicable.

  • 5 The obligation laid down in paragraph 1 shall not apply to the transport or holding at storage in connection with that transport from a natural source, to the extent that it is not or is being prepared for its radioactive properties, if:

    • a. The activity of the radionuclides in the natural source in question is lower than the one shown in Table 2.2.7.7.2.1 of this Annex. Annex 1 to the VSG declared limit value for the activity of an exempted consignment,

    • b. the concentration of activity of the natural source in question is less than ten times the amount in Table 2.2.7.7.2.1 of this Regulation. Annex 1 to the VSG declared value for the concentration of activity for exempted substances, or

    • c. Article 5 is applicable.

  • 7 The obligation referred to in paragraph 1 shall not apply to acts and activities designated by our Minister, which may result in a limited risk of exposure of human beings.


Article 4d

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  • 1 A notification, as intended Article 4c, first paragraph In any event, it shall contain:

    • the name and address of the person making the notification, and of the consignor and the consignee of the radioactive substance concerned;

    • (b) the means of transport and storage in relation to that transport, to which the notification relates;

    • c. the amount of radioactive substances to which the notification relates, where possible, indicating the symbol, the mass number and the energy of the radionuclides concerned, the maximum activity of the substances and the chemical and physical condition and shape of the condition, in which they are located;

    • (d) the estimated dates of transport and holding of the storage in connection with that transport;

    • e. where a notification is made for transport and available for storage in connection with that transport, which is Article 1b , in conjunction with Article 4, second paragraph, of the Radiation Protection Decision , where it has been duly disclosed, a reference to that publication.

  • 2 Where a notification is made for transport and available for storage in connection with that carriage, which has not been published or has not been justified in accordance with the provisions of the Article 1b , in conjunction with Article 4, second paragraph, of the Radiation Protection Decision The notification shall also include a request for justification of such transport and on the holding of storage in connection with that transport. The notification shall also contain the information relating to the economic, social and other benefits of the transport in question and to the holding in connection with the storage of that transport and of the health damage which it may cause. be dealt with, which are necessary for the purpose of assessing the justification of transport and of having available for storage in connection with that transport.

  • 3 The economic operator shall notify changes to the information referred to in paragraph 1 at least three working days before the transport and holding of the storage in connection with that transport, to which they relate, shall be made to Our Minister.

  • 4 The trader provides our Minister with details at his request.


Article 5

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  • 1 The in Article 29, first paragraph The prohibition on the transport and holding of radioactive substances without authorization, for the transport and storage of materials in packages of type B (M), as referred to in Article 4 (2) of the Act, is intended to be carried out in the form of a Chapter 6.4 of Annex 1 to the VSG , unless the model of the package meets the requirements relating to type B (M) without continuous pressure levelling, set in 6.4.9.1 and 6.4.7.5 of this Annex. Annex 1 to the VSG , and

    • a. The activity of the radioactive substances does not exceed the amount specified in 5.1.5.2.2 of this Annex. Annex 1 to the VSG , then

    • b. to be provided in a certificate of approval or approval of the model of the package to be transported by Our Minister.

  • 2 The prohibition referred to in paragraph 1 shall also apply to radioactive substances, which are transported:

    • a. on the basis of a special scheme referred to in 1.7.4 of Annex 1 to the VSG , or

    • b. In Type B (M) package, the activity of which is greater than 3 x 10 3 A1, 3 x 10 3 A2 or 1000 TBq, where the lowest of these values is decisive.


Article 6

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The application for authorization for the transport of radioactive substances and for the possession of the said substances in connection with the transport shall contain the following information:


Article 6a [ Expired by 01-01-2014]

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Section 2. Transport of the railway

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§ 1. Fissile materials and ores

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Article 7

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  • 1 In order to prevent damage, a licence for the transport of fissile materials or ores on the railway or for the holding of the said substances for storage in connection with such transport shall be subject to such rules:

    • a. Exposure and contamination, as much as reasonably possible, is prevented;

    • b. In cases where exposure or contamination is unavoidable, it is reduced as much as reasonably possible;

    • c. in cases where exposure or contamination is unavoidable, the number of persons exposed to ionizing radiation, avoiding an inadmissible exposure or infection per person, as much as reasonably possible is limited.

  • 2 To the rules referred to in paragraph 1, the following may include:

    • (a) provision must be made for transport to be carried out on a supervised basis, or the storage, inter alia, to be used for the purposes of such supervision;

    • (b) the requirement that transport must be carried out by a route to be provided;

    • (c) the requirement that, in the case of storage in respect of transport, measures to be taken under other rules, without prejudice to the provisions applicable to such matters, shall be taken in such a way as to make it possible to damage as much as reasonably as possible; prevent;

    • (d) the requirement that, in the case of storage in connection with the transport, the requirements of the Minister must be met by the Minister;

    • (e) the requirement to derogate from the transport route if an unforeseeable event does not permit an unimpeded passage of the transport route.


Article 8

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  • 1 The provisions of the VSG apply as regards the transport of fissile materials or ores on the railway and the holding of the said substances in storage related to such transport. Where, for the transport of fissile materials on the railway or for the holding of the said substances, on storage in connection with such transport, the transport of the products concerned is the subject of a Article 15 (a) of the Act prohibit, our Minister may attach to a licence of the VSG deviating regulations, to the extent that the Directive on the transport of dangerous goods by country permits.

  • 2 The possession of fissile materials or ores in connection with the transport of the railway shall, if necessary by virtue of this Decision, be used in the transport of the railway Article 15 (a) of the Act the prohibition does not apply, without prejudice to the provisions applicable under the first sentence of the first paragraph, to be taken in such a way as to prevent damage, which is as far as is reasonably possible.

  • 3 Our Minister may waive the provisions referred to in the first sentence of the first paragraph. Such waiver may be subject to restrictions. Rules may be attached to a waiver.

  • 4 The jurisdiction referred to in the first sentence of paragraph 3 may be exercised only in the cases and under the conditions laid down in Article 6, second, third and fifth paragraphs of the Directive on the transport of dangerous goods by land.


§ 2. Radioactive substances

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Article 9

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  • 1 The authorization for the transport of radioactive substances on the railway or for the holding of the said substances for storage in connection with such transport shall be connected with the prevention of damage Article 7, first paragraph .


Article 10

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  • 1 The provisions of the VSG shall apply in respect of the transport of radioactive substances on the railway and the holding of the said substances in connection with such transport. Where, for the transport of radioactive materials, the railway or the holding of the said substances in connection with such transport is subject to storage under this Decision, it shall be Article 29, first paragraph, of the Act prohibit, our Minister may attach to a licence of the VSG deviating regulations, to the extent that the Directive on the transport of dangerous goods by country permits.

  • 2 In the case of the possession of radioactive substances in storage related to the transport of the railway, without prejudice to the provisions applicable under the first sentence of the first paragraph, such measures shall be taken in respect of transport by rail, prevent damage, as much as reasonably possible. This must be met by further demands made by our Minister.


Section 3. Land transport, other than on railway

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§ 1. Fissile materials and ores

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Article 11

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With regard to the transport of fissile materials or ores by land, other than on the railway, and the holding of these substances for storage in connection with such transport, the Articles 7 and 8 applicable mutatis mutandis, except that 'VSG' is read every time: VLG.


§ 2. Radioactive substances

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Article 12

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  • 1 With regard to the transport of radioactive materials by land, other than on the railway, and the possession of such substances for storage in connection with such transport, the Articles 9 and 10, first and second members , from corresponding application, except that instead of "VSG" is read: VLG.


Section 4. Transport of water

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§ 1. Fissile materials and ores

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Article 13

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  • 1 The in Article 15 (a) of the Act prohibition on the transport of fissile materials or ores:

    • a. on the Dutch territorial sea or on non-Dutch waters:

    • b. by the Belgians if the transport has been authorised by the competent Belgian authorities and a notification referred to in the second paragraph has been made.

  • 2 Transport referred to in paragraph 1 (b) shall be notified to our Minister at least three weeks in advance and shall provide the carrier with the following information:

    • a. the name and address of the person making the notification, and of the consignor and the consignee of the fissile materials and ores;

    • b. the quantity of fissile materials and ores to which the notification refers;

    • (c) the dates on which the transport operation will take place;

    • d. The number and validity of the licence referred to in point (b) of the first paragraph of this Directive.

  • 3 A Belgiumer shall respect the authorization referred to in paragraph 1 (b).


Article 14

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  • 1 With regard to the transport of fissile materials and ores to and from sea or sea, the Articles 7 and 8, first, second and third members , by analogy, except that:

    • a. The International Maritime Dangerous Goods Code, referred to in Chapter VII, Part A, of the Convention for the Safety of Life at Sea (Trb), which was established in London on 1 November 1974, is read every time instead of "VSG". 157) and the binding protocols, appendices and annexes thereto;

    • b. For the purposes of the International Maritime Dangerous Goods Code for the Netherlands, our Minister is considered to be the competent authority;

    • (c) instead of an approval required under the International Maritime Dangerous Goods Code for the model of packaging required by the competent authorities of one or more designated countries, is required to be approved, whichever is granted:

      • 1 °. either by Our Minister,

      • 2 °. or by the competent authority of another Member State, which shall apply mutatis mutandis Article 3, second paragraph , is designated and that is involved in the transport operation or where the model is designed;

    • d. for transport as intended Article 13 a ship under the Netherlands flag does not apply to the approval of the consignment by the competent authority for the Netherlands;

    • e. for transport as intended Article 13 a ship under foreign flag does not apply to the competent authority of the Netherlands, as regards the approval of the consignment and the model of the packaging.

  • 2 With regard to the transport of fissile materials and ores by inland waterway, other than by sea, and the holding of such substances for storage in connection with such transport, the Articles 7 and 8, first, second and third members , mutatis mutandis, except as read 'VSG' each time: VBG.


§ 2. Radioactive substances

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Article 15

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The in Article 29, first paragraph Derogation from the prohibition on the transport of radioactive substances without authorization of our Minister. Article 5 , not for the transport of radioactive materials over the Dutch territorial sea or on non-Dutch waters.


Article 16

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  • 1 With regard to the transport of radioactive materials to and from sea or sea, the Article 8, third paragraph , 9 and 10, first and second members , by analogy, except that:

    • a. In Article 10, first paragraph The International Maritime Dangerous Goods Code, referred to in Chapter VII, Part A-1, of the Convention for the Safety of Life at Sea (Trb), which was established in London on 1 November 1974, is replaced by the following: 1976, 158) and binding protocols, appendices and annexes thereto;

    • b. For the purposes of the International Maritime Dangerous Goods Code for the Netherlands, our Minister is considered to be the competent authority;

    • (c) instead of an approval required under the International Maritime Dangerous Goods Code for the model of packaging required by the competent authorities of one or more designated countries, is required to be approved, whichever is granted:

      • 1 °. either by Our Minister,

      • 2 °. or by the competent authority of another Member State, which shall apply mutatis mutandis Article 3, second paragraph , is designated and that is involved in the transport operation or where the model is designed;

    • d. for transport as intended Article 15 a ship under the Netherlands flag does not apply to the approval of the consignment by the competent authority for the Netherlands;

    • e. for transport as intended Article 15 a ship under foreign flag does not apply to the competent authority of the Netherlands, as regards the approval of the consignment and the model of the packaging.


Section 5. Transport in an aircraft

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§ 1. Fissile materials and ores

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Article 17

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The in Article 15 (a) The prohibition laid down in the Act does not apply to the transport of fissile materials or ores in an aircraft, where no landing is carried out on Dutch territory.


Article 18

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  • 1 A licence for the transport of fissile materials or ores in an aircraft or for the holding of the said substances for storage in connection with such transport shall be connected to the prevention of damage, as intended Article 7, first paragraph .

  • 2 To the rules referred to in paragraph 1, the following may include:

    • (a) the requirement that Annex 18 (Annex 18) to the Convention on International Civil Aviation, established in Chicago on 7 December 1944 ( Stb. (2) and the technical requirements attached thereto (Technical Instructions for the safe transport of dangerous goods by air), except that for the application of those rules for the Netherlands, our Minister shall be considered as competent authority;

    • b. Requirements as set out in Article 7 (c), (c) and (d) .


Article 19

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  • Where the transport of fissile materials or ores is carried out on an aircraft or in the possession of the said substances, in the case of storage in connection with such transport, if, as a result of this decision, it is Article 15 (a) of the Act prohibition does not apply, Annex 18 (Annex 18) to the Convention on International Civil Aviation established in Chicago on 7 December 1944 (Annex 18) ( Stb. 1947, H 165) and the technical requirements (Technical Instructions for the safe transport of dangerous goods by air) to be complied with, subject to the following:

    • a. for the application of those rules to the Netherlands, our Minister is to be regarded as the competent authority;

    • b. the transport referred to in Article 17 in a Dutch aircraft does not apply to the approval of a consignment by the competent authority for the Netherlands;

    • c. does not apply to transport as referred to in Article 17 in a non-Dutch aircraft, as regards the approval of a consignment or of the model of the packaging by the competent authority for the Netherlands.


§ 2. Radioactive substances

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Article 20

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The in Article 29, first paragraph Derogation from the prohibition on the transport of radioactive substances without authorization of our Minister. Article 5 , not for the transport of radioactive substances in an aircraft, where no landing is carried out on Dutch territory.


Article 21

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Authorizations for the transport of radioactive substances in an aircraft or for the holding of such substances for storage in connection with such transport shall be connected with the prevention of damage Article 7, first paragraph .


Article 22

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  • 1 In the case of the transport of radioactive substances in an aircraft and in the possession of the said substances in connection with such transport, Annex 18 (Annex 18) to the Convention of 7 December 1944, in Chicago, is to be established on civil aviation ( Stb. 1947, H 165) and the technical requirements (Technical Instructions for the safe transport of dangerous goods by air) to be complied with, subject to the following:

    • a. for the application of those rules to the Netherlands, our Minister is to be regarded as the competent authority;

    • b. for transport as intended Article 20 in a Dutch aircraft, the one relating to the approval of a consignment is not subject to the authority competent for the Netherlands;

    • c. for transport as intended Article 20 in a non-Dutch aircraft the particular one concerning the approval of a consignment or of the model of the packaging is not applied by the competent authority for the Netherlands.

Chapter III. Bringing and bringing it into or outside Dutch territory

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§ 1. Fissile materials and ores

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Article 23

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  • 1 The in Article 15 (a) of the Act the prohibition in question does not apply to the placing, inside or outside Dutch territory, of fissile materials or ores where:

    • a. The activity of the radionuclides in the relevant fissile materials and ores is lower than the one shown in Table 2.2.7.7.2.1 of this Annex. Annex 1 to the VSG declared limit value for the activity of an exempted consignment;

    • b. the concentration of activity of those substances and ores is lower than the one shown in Table 2.2.7.7.2.1 of this Annex. Annex 1 to the VSG declared value for the concentration of activity for exempted substances, or

    • c. Transport referred to in Article 13, first paragraph, part b It is concerned.

  • For the purposes of applying the first paragraph, irradiated fuel shall be assessed for irradiated state.

  • 4 By arrangement of our Minister, provision may be made to ensure that the first paragraph does not apply in designated categories of cases where there is too high risk of exposure of workers or members of the public.


Article 24

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  • 1 The application for a licence for the transfer or entry into and out of the territory of the Netherlands of fissile materials or ores shall contain the following information:

    • a. Name and address of the applicant;

    • (b) the type of operation to which the application relates;

    • (c) the name and address of the person for whom the fissile materials or ores are to be used;

    • d. the quantity, chemical and physical state, the form, content and enrichment of the fissile materials or ores;

    • (e) the country of origin of the fissile materials or ores;

    • f. the country of destination of the fissile materials or ores;

    • g. the likely date on which the fissile materials or ores will be brought within Dutch territory, or the duration, for which authorization is requested;

    • h. the place, where the fissile materials or ores will be brought within, or within, the territory of the Netherlands;

    • i. where a licence is requested for an act to be taken in accordance with the provisions of Article 1b , in conjunction with Article 4, second paragraph, of the Radiation Protection Decision , the rules in force are published as justified, a reference to that publication.

  • 2 If a permit is requested for an act which has not been disclosed or has been disclosed as a non-justified in accordance with Article 1b , in conjunction with Article 4, second paragraph, of the Radiation Protection Decision the applicable scheme, the application for a licence also includes a request for justification of that measure. Therefore, the application for the authorisation contains the information relating to the economic, social and other benefits of the act in question and to the health damage which may be caused by it, which are necessary for the purpose of on the assessment of the justification of the act.


Article 25

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  • 1 The following requirements may be attached to a licence for the entry into or out of the Netherlands of fissile materials or ores for the prevention of damage:

    • (a) the requirement that the fissile materials or ores are brought within the territory of the Netherlands only if they are intended for a person who is competent to have such substances or to a person in a country other than the person concerned; Netherlands;

    • (b) the requirement that the fissile materials or ores may be released exclusively within the territory of the Netherlands at the place specified in the prescription;

    • (c) the requirement, that the licence or a certified copy thereof must, if required, be given to a certified copy Article 58, first paragraph, of the Act Designated official shall be provided for inspection.

  • 2 The following requirements may be attached to a licence for the placing of fissile materials or ores within or outside the Netherlands:

    • (a) the requirement that the holder of the authorization may carry out only the fissile materials or ores within the territory of the Netherlands, if they are intended for a person who is competent to have such substances, or to a person in a country other than the Netherlands;

    • (b) the requirement that the holder of the authorization may carry out the fissile materials or ores exclusively within the territory of the Netherlands in a place which is specified in the prescription;

    • (c) the requirement that the holder of the authorization must make available the authorization or a certified copy thereof to the person who brings the fissile materials or ores within or outside Dutch territory;

    • (d) the requirement for the holder of the authorization to ensure that the rules applicable to the transport in question are satisfied with regard to the packaging and the labels and the hazard labels to be applied to them;

    • (e) the requirement to derogate from the place where the fissile materials or ores are brought within or outside the territory of the Netherlands, if an unforeseeable event no longer permits unimpeded transit of the transport a.


Article 26

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  • 1 The person who brings the fissile materials or ores inside or outside Dutch territory shall, if they bring or do so within the territory of the Netherlands, carry out such fissile materials or ores a permit as referred to in Article 15 of the Act shall ensure that the licence or a certified copy thereof is present during transport to the fissile materials or ores.

  • 2 The person to whom nuclear fuels or ores are brought within or outside Dutch territory in a case where, as a result of that decision, Article 15 (a) of the Act prohibition does not apply, shall ensure that the rules applicable to the transport in question are satisfied with regard to the packaging and the markings and danger labels to be applied to them.


§ 2. Radioactive substances

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Article 27

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  • 1 The in Article 29, first paragraph, of the Act the prohibition contained without the authorization of Our Minister to bring or bring about radioactive substances within or outside Dutch territory is applicable to:

    • a. Medicinal products and

    • b. Articles of use;

    which has been intentionally added to the production and manufacture of radioactive substances.

  • 2 The prohibition referred to in point (b) of paragraph 1 shall not apply to an artificial source or source, to the extent that it is or is being prepared for its radioactive properties, if:

    • a. The activity of the radionuclides in the radioactive substance in question is less than the activity shown in Table 2.2.7.7.2.1 of this Annex. Annex 1 to the VSG declared limit value for the activity of an exempted consignment, or

    • b. The activity concentration of that substance is lower than the one shown in Table 2.2.7.7.2.1 of this Annex. Annex 1 to the VSG declared value for the concentration of activity for exempted substances.

  • 3 The prohibition referred to in point (b) of the first paragraph shall not apply to a natural source, provided that it is not or is being prepared for its radioactive properties, if:

    • a. The activity of the radionuclides in the natural source in question is lower than the one shown in Table 2.2.7.7.2.1 of this Annex. Annex 1 to the VSG declared limit value for the activity of an exempted consignment, or

    • b. the concentration of activity of the natural source in question is less than ten times the amount in Table 2.2.7.7.2.1 of this Regulation. Annex 1 to the VSG declared value for the concentration of activity for exempted substances.

  • 5 The prohibition laid down in paragraph 1 shall not apply to acts and activities designated by our Minister, which may result in a limited risk of exposure of human beings.

  • 6 The obligation, in accordance with Article 4c, first paragraph , does not apply in the case of authorization for the placing or use of medicinal products or articles of use, within or outside the Netherlands, as referred to in the first paragraph.


Article 28

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The application for authorisation for the placing or making of radioactive substances within or outside of the Netherlands as referred to in Article 27, first paragraph , the following information shall contain:

  • a. the data referred to in Article 24, first paragraph, points (a), (b) and (e) to (i) and (second) , except that instead of "fissile materials or ores" is read each time: "radioactive materials" and instead of "act" is read: "act or efficacy";

  • b. An indication as referred to in Article 3, first paragraph, point (c) On the understanding that instead of "fissile materials or ores", it is read: "radioactive materials";

  • c. the quantity of radioactive substances to which the application relates, where possible, indicating the symbol, the mass number and the energy of the nuclides concerned, the maximum activity of the substances and the chemical and physical condition and shape of the condition, in which they are located;

  • d. A description of the medicinal products or articles of use, in which the radioactive substances are located.


Article 29 [ Expaed by 28-07-2004]

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Article 30 [ Exp. by 28-07-2004]

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Article 31

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  • 1 The placing of radioactive substances within the territory of the Netherlands may be carried out only if such substances are intended for a person who is competent to have such substances or to a person in a country other than the person concerned; Netherlands.

  • 2 The person making radioactive substances within the territory of the Netherlands shall be required to ensure that the rules applicable to the transport in question relating to the packaging and the markings to be applied thereto and to the relevant transport operations are carried out in the Netherlands. Hazard labels will be met.


Article 32

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  • 1 The entrepreneur under whose responsibility:

    • a. a radioactive substance is brought within the territory of the Netherlands from a country outside the European Union or a radioactive substance is brought from Dutch territory outside the territory of the European Union; or

    • b. a radioactive substance is brought to the territory of another Member State of the European Union as an open source from Dutch territory, reports at least three weeks before bringing it to our Minister.

  • 2 The obligation referred to in paragraph 1 shall not apply to the placing of the substances in question in so far as the economic operator can prove that he:

    • a. that transport has already been mentioned in the global notification; and

    • b. maintains an administration in which the data is mentioned in Article 4d are included.

  • 3 The obligation referred to in paragraph 1 shall not apply to an artificial source or source, to the extent that it is or is being prepared for its radioactive properties, if:

    • a. The activity of the radionuclides in the radioactive substance in question is less than the activity shown in Table 2.2.7.7.2.1 of this Annex. Annex 1 to the VSG declared limit value for the activity of an exempted consignment, or

    • b. The activity concentration of that substance is lower than the one shown in Table 2.2.7.7.2.1 of this Annex. Annex 1 to the VSG declared value for the concentration of activity for exempted substances.

  • 4 The obligation referred to in paragraph 1 shall not apply to a natural source, to the extent that it is not or is being prepared for its radioactive properties, if:

    • a. The activity of the radionuclides in the natural source in question is lower than the one shown in Table 2.2.7.7.2.1 of this Annex. Annex 1 to the VSG Declared limit value for the activity of an exempted consignment; or

    • b. the concentration of activity of the natural source in question is less than ten times the amount in Table 2.2.7.7.2.1 of this Regulation. Annex 1 to the VSG indicated value for the activity concentration for exempted substances.

  • 6 The obligation referred to in paragraph 1 shall not apply:

    • a. acts and activities designated by our Minister's control, which result in a limited risk of exposure of human beings; or

    • b. if Article 27, first paragraph , applicable.


Article 32a

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  • 1 The notification referred to in Article 32, first paragraph In any event, it shall contain:

    • a. The name and address of the person making the notification, of the consignor of the radioactive substance or of the open source and of the consignee thereof;

    • (b) the type of operations and activities covered by the notification;

    • (c) the country of origin of the radioactive substances or of the open source;

    • d. the amount of radioactive substances or open sources to which the notification relates, where possible, indicating the symbol, the mass number and the energy of the radionuclides concerned, the maximum activity of the substances and of the substances concerned; chemical and physical state and form, in which these are located;

    • (e) the estimated dates on which the operations and operations take place;

    • f. if a notification is made for an act or activity which is in accordance with the provisions of Article 1b , in conjunction with Article 4, second paragraph, of the Radiation Protection Decision , the rules in force are published as justified, a reference to that publication.

  • 2 If a notification is made for an act or efficacy which has not been disclosed or has been disclosed as non-justified in accordance with the provisions of Article 1b , in conjunction with Article 4, second paragraph, of the Radiation Protection Decision the applicable regime, the notification shall include a request for justification of that measure or efficacy. The notification shall also contain the information relating to the economic, social and other benefits of the act or efficacy involved and to the health damage which may be caused by it, which are necessary for the purpose of the assessment of the justification of the act or efficacy.

  • 3 The person who has made the notification shall report any changes to the information referred to in paragraph 1 at least three working days before the proceedings or proceedings are to take place, to which they relate, to Our Minister.


§ 3. Implementation of Regulation (Euratom) No 1493/93

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Article 32b

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It shall be prohibited to act in conflict with Articles 4, 5 and 6 of Regulation (Euratom) No 1484/2. Council Regulation (EEC) No 1493/93 of 8 June 1993 on shipments of radioactive substances between Member States of the European Community (PbEC 1993 L148).

Chapter IV. Establishments in which fissile materials are stored in connection with transport

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Article 33

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The in Article 15, point B The prohibition laid down in the Law does not apply to an establishment in which fissile materials are stored solely in connection with their transport.

Chapter V. Final provisions

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Article 34

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  • 1 This decision may be taken as: "Carriage of fissile materials, ores and radioactive materials".

  • 2 It will enter into effect on a time to be determined by Us.

Our Ministers for Economic Affairs, Social Affairs and Health and Transport and Water are entrusted with the implementation of this Decision, which is the subject of the letter of explanatory note to the Committee on Economic and Monetary Affairs. State Sheet will be placed and copies of which will be sent to the Council of State.

Soestdijk, 4 September 1969

JULIANA.

The Minister for Economic Affairs,

L. DE BLOCK.

The Secretary of State for Social Affairs and Health,

R. J. H. KRUISINGA.

The Secretary of State for Transport and Water,

M. J. KEIRON.

Issued the ninth of October 1969.

The Minister of Justice,

C. H. F. POLAK.