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EUROPEAN COMMISSION IN THE FIELD OF SAFETY OF RADIATION SOURCES AND

3. ILLICIT TRAFFIC 1. Background

3.5. Police co-operation

The Maastricht Treaty foresees, for the purposes of achieving the objectives of the Union, that the Member States will regard a number of areas as matters of common interest. Of these, juridical co-operation in criminal matters, customs co-operation in non-harmonized sectors and police co-operation for the purpose of preventing and combating serious forms of international crime would appear to be the most concerned action to combat illicit nuclear traffic. As regards direct police co-operation, the Commission can only approve the possibility of extending the authority of the future European Police Office, Europol [22], to the traffic in radio-active substances and nuclear material, under the heading of "other serious forms of international crime", with which the Office would be dealing under Article Kl of the Maastricht Treaty.

4. CONCLUSIONS

The safety of radiation sources and the security of radioactive materials are directly connected with serious legal complexity. The current status of the respective legislation gives no reason for major concern. As has been pointed out in this paper, from the point of view of the European Commission there is a need for national and international action in order to keep pace with technical developments. Although there is no need for new legal regulations, regular revision, correct implementation and consequent enforcement of existing laws must all be attended to.

There is a need for supporting, assisting and improving the close co-operation between national and international organizations, government authorities and regula-tory bodies. It is necessary to establish, on the broadest basis, common channels for exchange of information, for information systems and for co-operation with law enforcement agencies and customs authorities in the case of illicit traffic. There is one area which should be mentioned especially. As stated above, the human factor plays an important role in preventing accidents and illicit traffic. Therefore, careful and sound education and training should be made available for personnel employed in the nuclear industry, the medical sector, research, regulatory bodies and other authorities involved in the field.

This bundle of proposals for measures will certainly improve and strengthen the application of the existing legal regime in order to respond successfully to the chal-lenge of radiation protection of the workers, the general public and the environment.

The expertise and experience of the IAEA, the WCO, Interpol and other national and international organizations should be applied. I can assure you that the European Commission, and in particular the Nuclear Safety Directorate, will contribute to this end wherever and whenever possible.

REFERENCES

[1] Treaty Establishing the European Atomic Energy Community (Euratom Treaty), Rome, 1957; <http://europa.eu.int/abc/obj/treaties/en/entoc38.htm>.

[2] COUNCIL OF THE EUROPEAN COMMUNITIES, Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation, Official Journal of the European Communities, L-159 (29 June 1996) 1-114.

[3] INTERNATIONAL COMMISSION ON RADIOLOGICAL PROTECTION, 1990 Recommendations of the International Commission on Radiological Protection, ICRP Publication 60, Pergamon Press, Oxford and New York (1991).

[4] INTERNATIONAL COMMISSION ON RADIOLOGICAL PROTECTION, ibid., Ch.

5.3, Para. (166).

[5] COUNCIL OF THE EUROPEAN COMMUNITIES, Council Regulation 93/1493/Euratom of 8 June 1993 on shipments of radioactive substances between Member States, Official Journal of the European Communities, L-148 (19 June 1993) 1-7.

[6] INTERNATIONAL ATOMIC ENERGY AGENCY, Convention on the Physical Protection of Nuclear Material, INFCIRC/274/Rev. 1, IAEA, Vienna (1980).

[7] COUNCIL OF THE EUROPEAN COMMUNITIES, Council Directive 84/63I/EEC of 6 December 1984 on the supervision and control within the European Community of the transfrontier shipment of hazardous waste, Official Journal of the European Communities, L-326 (13 December 1984) 31-41; COUNCIL OF THE EUROPEAN COMMUNITIES, Council Directive 86/279/EEC of 12 June 1986 amending Directive 84/63I/EEC on the supervision and control within the European Community of the transfrontier shipment of hazardous waste, Official Journal of the European Communities, L-181 (4 July 1986) 13-16; COUNCIL OF THE EUROPEAN COM-MUNITIES, Council Directive 96/49/EEC of 23 July 1996 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail, Official Journal of the European Communities, L-235 (17 September 1996) 25-30;

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[8] EUROPEAN COMMISSION, Communication from the Commission to the Council and the Parliament on the transport of nuclear materials in the Member States of the European Community, Document COM (1984) 233, Office for Official Publications of the European Communities, Luxembourg (26 April 1984).

IAEA-CN-70/B2.7 121

[9] EUROPEAN COMMISSION, Communication from the Commission to the Council and the Parliament, second report on the transport of nuclear materials in the Member Sates of the European Community, Document SEC (1989) 801 final, Office for Official Publications of the European Communities, Luxembourg (23 May 1989).

[10] EUROPEAN COMMISSION, Communication from the Commission to the Council and the Parliament on the transport of nuclear materials in the European Union, Document COM (1996) 11 final, Office for Official Publications of the European Communities, Luxembourg (3 April 1996).

[11] EUROPEAN COMMISSION, Communication of the Commission to the Council and Parliament, fourth report on the transport of nuclear materials in the European Union, Document COM (98) 155 final, Office for Official Publications of the European Communities, Luxembourg (1998).

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[14] COUNCIL OF THE EUROPEAN COMMUNITIES, Council Directive 97/43 Euratom of 30 June 1997 on health protection of individuals against the dangers of ionizing radi-ation in relradi-ation to medical exposure, Official Journal of the European Communities, L-180 (9 July 1997)22-27.

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[16] COMMISSION OF THE EUROPEAN COMMUNITIES, Study on consumer products containing radioactive substances, Rep. EUR 15846, Office for Official Publications of the European Communities, Luxembourg (1995).

[17] COUNCIL OF THE EUROPEAN COMMUNITIES, Europe Agreement of 12 June 1995 establishing an association between the European Communities and their Member States, of the one part, and six Central and Eastern European countries, of the other part, Official Journal of the European Communities, C-323 (4 December 1995).

[18] INTERNATIONAL ATOMIC ENERGY AGENCY, Treaty on the Non-Proliferation of Nuclear Weapons, INFCIRC/140, IAEA (1970).

[19] COMMISSION OF THE EUROPEAN COMMUNITIES, Treaty on European Union (Maastricht, 7 February 1995), Office for Official Publications of the European Communities, Luxembourg (1995).

[20] EUROPEAN COMMUNITY, Agreement between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and the Russian Federation, of the other part, Official Journal of the European Communities L-247 (13 October 1995) 1-31.

[21] COUNCIL OF THE EUROPEAN COMMUNITIES, Council Decision of 20 June 1991 on the adoption of a programme of Community action on the subject of the vocational

training of customs officials (Matthaeus programme), Official Journal of the European Communities, L-187 (13 July 1991) 41^6.

[22] COUNCIL OF THE EUROPEAN COMMUNITIES, Decision taken by common agree-ment between the Representatives of the Governagree-ments of the Member States, meeting at Head of State and Government level, on the location of the seats of certain bodies and departments of the European Communities and of Europol, Official Journal of the European Communities, C-323 (30 November 1993) 1-5.

THE REGULATORY CONTROL OF RADIATION SOURCES,