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The export of nuclear materials, equipment and technology, as well as goods that can be used in the nuclear field, is subject to a two-step procedure:
- Examination of the licence application at the federal level
- Issuance of the export licence by the regional authority.
Unlike the export of other sensitive goods, the regional export licence cannot therefore be issued without prior authorisation from the Federal Minister for Energy. This procedure prevents goods from contributing to the development or production of nuclear weapons or from being used in irregular nuclear fuel cycles.
The Federal Minister for Energy bases the decision on the advice of the Advisory Committee on the Non-Proliferation of Nuclear Weapons (CANPAN-CANVEK in French or Dutch). The Advisory Committee consists of members from different departments, including intelligence services. It meets monthly to consider export applications for nuclear and dual-use nuclear goods.
What Nuclear Goods Require Prior Federal Authorisation?
Materials, equipment and technology referred to in specific references of Regulation (EU) 2021/821 of the European Parliament and Council of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (recast) are subject to prior federal authorisation, giving the right to obtain a regional export licence. This applies to:
- Goods and technology that are exclusively used for civilian nuclear purposes, including natural uranium, special fissile materials, heavy water, zirconium pipes, nuclear reactors for the production of electricity, equipment for the enrichment of nuclear materials, equipment for the manufacture of nuclear fuels, equipment for the reprocessing of spent fuel, etc. These items are listed in International Atomic Energy Agency (IAEA) Information Circular INFCIRC 254/Part 1 and category 0 of Annex I to Regulation (EU) 2021/821;
- Dual-use goods and technology, which can be used both for civilian nuclear purposes and for other civilian purposes. These items are listed in International Atomic Energy Agency (IAEA) Information Circular INFCIRC 254/Part 2 and, mainly, to references 200 to 299 of categories 1 to 9 of Annex I to Regulation (EU) 821/2021.
What Are the Types of Obligations for the Export of Nuclear Goods?
For the export of nuclear and dual-use nuclear goods to non-nuclear-weapon states that are not members of the EU, exporters must have prior authorisation from the Federal Minister for Energy.
For the intra-EU transfer of nuclear goods, exporters have an obligation to inform the Directorate-General of Energy of the FPS Economy.
For intra-EU transfers of special fissile materials, in particular separated plutonium and highly enriched uranium, exporters are subject to specific non-proliferation requirements and must contact the Directorate-General for Energy of the FPS Economy.
For intra-EU transfers of natural uranium and special fissile materials other than separated plutonium or highly enriched uranium, exporters are not subject to national non-proliferation obligations. Supervision of such goods in the European Union is ensured by Euratom.
How Do I Obtain Federal Authorisation Before Applying for a Regional Export Licence?
For nuclear exports and intra-community transfers, you must submit a comprehensive export file containing the following information prior to the actual export:
- Description of the goods
- Quantity
- Storage location of the goods
- Place of end use
- (Expected) export date
The file must be sent to:
FPS Economy, SMEs, Middle Classes and Energy
Directorate-General for Energy
Boulevard du Roi Albert II 16
1000 Bruxelles
Email: CANPAN-CANVEK@economie.fgov.be
The complete information (including the exact export date) must be submitted to the Directorate-General for Energy within 30 days following the quarter in which the export actually took place.
Items Examined During a Request for Prior Federal Authorisation
For each export request, CANPAN members check whether:
- The goods or technology subject to the request fall under the relevant references of Regulation (EU) 821/2021.
- The goods or technology subject to the request are not likely to be used for the development or manufacture of nuclear weapons or other nuclear explosives.
- The destination country provides sufficient guarantees that the goods to which the request refers will not end up in a fuel cycle or nuclear activities not under the generalised control of the International Atomic Energy Agency (IAEA).
- The destination country provides sufficient guarantees that the goods to which the request refers will not be re-exported without Belgium's prior and express consent.
- The country of destination complies with generally applicable non-proliferation obligations under the Non-Proliferation Treaty. CANPAN may, for example, verify whether all nuclear material of the recipient country is under IAEA safety supervision.
- Sufficient measures have been taken regarding nuclear security.
- There is no risk of nuclear terrorism.
- The exports comply with measures other than those listed above that are taken in accordance with international agreements on nuclear non-proliferation.
Read CANPAN-CANVEK's annual reports (in French or Dutch)
Legal Basis for Granting Pre-export Authorisations for Nuclear Goods
The application and issuance of export authorisations are subject to Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021, which establishes a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (recast).
The issue of the prior federal authorisation, the scope, the export conditions and the procedure for the export of nuclear materials, nuclear installations and nuclear equipment as well as nuclear technology and dual-use goods are regulated by the Law of 9 February 1981.
