Legislation and regulations

Internationally established technical requirements for transport

The Bvser says that the modal transport regulations apply to the transport of fissile materials, ores and radioactive materials. These regulations contain the internationally established technical requirements for transport by road, rail, inland waterway, sea and air.

Ministerial regulations

These technical requirements are implemented in the following ministerial regulations:

• 'Transport of hazardous substances over land’ (VLG)
• 'Transport of hazardous substances by rail’ (VSG) and
• 'Transport of hazardous substances by inland waterways' (VBG)

See the overview of specific (technical) regulations (in Dutch) per type of transport at the Human Environment and Transport Inspectorate (ILT).

Air transport

The technical requirements of the International Civil Aviation Organization (ICAO) apply for the transport of fissile materials, ores and radioactive materials by air, pursuant to the Bvser.

By sea

The Maritime Dangerous Goods (IMDG) Code applies to the transport of fissile materials, ores and radioactive materials by sea.

Exceptions

The Bvser and all the above regulations do not apply to:

• fissile materials, ores and radioactive materials, which form an integral part oGf the means of transport
• fissile materials, ores and radioactive materials that are transported within the site boundary of a facility
• fissile materials, ores and radioactive materials present in the human body or in living animals
• radioactive materials, fissile materials or ores in exempted quantities

Transport requirements

Under all the above regulations, the transport of fissile materials, ores and radioactive materials must meet various requirements for, among other things, packaging, transport documentation, professional competence, labeling and marking.

These obligations apply to all parties involved in transport. For example, companies that transport, load or unload fissile materials, ores and radioactive materials must all have a safety advisor.

The transport of fissile materials, ores and radioactive materials must take place with care.

Fissile materials category I, II and III

A special category of fissile materials are category I, II and III material. Category I, II and III material are fissile materials that require additional protection under the Convention on the Physical Protection of Nuclear Material and Nuclear Facilities (in Dutch).

That is why the ANVS has agreements with, for instance, the Netherlands Traffic Center (VCNL, part of Rijkswaterstaat) about monitoring certain nuclear transports (so-called category III material). These agreements are laid down in the ANVS-VCNL convenant . Transport of category I and II material is accompanied by police.

Certification and validation of transport packaging certificates

Based on the modal transport regulations, the transport of radioactive materials, fissile materials and ores must take place in suitable transport packaging.

Exempted packaging, type A packaging and type B packaging are most commonly used. Using exempted packaging does not mean that one is exempted from the requirements of the modal transport regulations.

The modal transport regulations determine which transport packaging is suitable for transporting the material. Depending on the type of packaging, approval of the transport packaging by the competent authority in the country of origin of the packaging is required.

This competent authority issues an approval certificate. In some cases, the certificate of approval must be validated by the countries through which and to which the transport takes place. The conditions are included in the modal transport regulations.

When compiling a safety file associated with an application for certification of transport packaging, the ANVS recommends using the Package Design Safety Report Guide of the European Association of Competent Authorities (https://www.euraca.eu/docsandstats.asp).

For more information about approvals and validations, please contact the ANVS by email at postbus.transportinfo@anvs.nl.

Euratom declaration for the transport of sealed radioactive sources

Regulation 1493/93 applies to the transfer of sealed radioactive sources between EU Member States. This means that the transport must be accompanied by a declaration stating that the competent authority of the receiving EU Member State has approved the transfer. See further notification of transport.

Radioactive waste and irradiated fissile materials

The import, export and transit of radioactive waste and irradiated fissile materials is regulated in the Import, Export and Transit of Radioactive Waste and Irradiated Fissile Materials Decree (in Dutch). The import, export and transit of radioactive waste containing natural sources (NORM) also fall under this decree.

In addition to a transport licence or notification under the Bvser, a transfer licence is also required for the export of radioactive waste and irradiated fissile materials.

Export control of strategic goods

Sometimes fissile materials and radioactive sources can be classified as 'dual-use' goods. 'Dual- use' goods can have both a civil and a military application. Companies that transit or export 'dual use' goods must meet strict conditions.

Reporting obligation or requesting a licence from CDIU

In addition to the licence or notification obligation under the Bvser, companies also have a reporting obligation to the Central Import and Export Service (CDIU) of Customs or they must apply for a licence from the CDIU.

Export

Some of these countries require a certificate for the export of certain goods and food to countries outside the EU, stating that the goods have been checked for radioactivity. Issuing such certificates is not the responsibility of the ANVS. This falls under the responsibility of the Netherlands Enterprise Agency (RVO). For more information about import and export regulations, see arrange import and export (in Dutch) at the RVO website for further information 

Transports to and from Russia

Although there is a war in Ukraine (in Dutch), nuclear material is being transported to and from Russia. For example, to make fuel for nuclear power plants around the world. Such transport regularly passes through the Netherlands, because the Netherlands is an important transit country. For example through the port in Rotterdam.

There are currently no (inter)national sanctions on this type of transport. However, there is a ban on transport carried out by Russian road carriers. Ships flying the Russian flag are also not allowed to enter European Union (EU) ports without an exemption. In addition, planes of Russian airlines are not allowed to land at EU airports.

The ANVS does not make these rules: we only ensure that the transport of nuclear material in the Netherlands takes place safely and a carrier complies with international measures.