Nuclear materials, nuclear equipment and nuclear technology are subject to an export authorisation to prevent them, or dual-use goods, from being used for the development or manufacture of nuclear weapons. This export authorisation is issued only after obtaining prior authorisation from the federal minister(s) in charge. The minister bases his or her decision on the advice of the Advisory Committee on the Non-Proliferation of Nuclear Weapons (CANPAN-CANVEK).
What goods require an export authorisation for nuclear materials, equipment and technology?
Materials, equipment and technology included in Lists I and II annexed to Regulation (EC) No 428/2009 are subject to an export authorisation.
- List I:
goods and technology used exclusively for civil nuclear purposes, including natural uranium, special fissile materials, heavy water, zirconium tubes, nuclear reactors for power generation, equipment for enrichment of nuclear materials, equipment for the manufacture of nuclear fuels, equipment for reprocessing the spent fuel, etc.
- List II:
dual-use goods and technology that can be used for both civilian nuclear purposes and other civilian purposes.
The lists are compiled according to international agreements. Discussion forums for the interpretation of the regulations are the Nuclear Suppliers Group and the Zangger Committee.
What obligations must be complied with when exporting nuclear materials, equipment and technology?
Exporters to non-nuclear-weapon states that are not members of the EU must be able to present prior authorisation from the federal Minister of Energy for List I and List II goods.
Exporters have an information obligation to the Directorate-General for Energy for intra-community transfers in the European Union of nuclear goods included in List I.
For intra-community transfers in the EU 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.
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 does one obtain prior authorisation for the export authorisation?
For nuclear exports and intra-community transfers, you must prepare a comprehensive export file containing the following information prior to the actual export:
- a description of the goods,
- the quantity,
- the storage location of the goods,
- the place of end use, and
- the (expected) export date.
This file must be sent to:
FPS Economy, SMEs, Self-Employed and Energy
Directorate-General for Energy
Boulevard Roi Albert II, 16
1000 Brussels
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.
What elements are examined in an application for authorisation?
For each application for authorisation, the members of CANVEK verify that:
- the goods or technology to which the application refers are either on List I or List II;
- the goods or technology to which the application refers will not be used for the development or manufacture of nuclear weapons or other nuclear explosive devices;
- there are sufficient guarantees in the country of destination that the goods to which the application refers will not end up in a fuel cycle or nuclear activities not under the generalised control of the International Atomic Energy Agency (IAEA);
- sufficient guarantees are provided by the country of destination that the goods to which the application refers will not be re-exported without Belgium's prior and express consent;
- the country of destination is in compliance with generally applicable non-proliferation obligations under the Non-Proliferation Treaty. For example, they may verify that all nuclear materials of the country of destination are under IAEA safety supervision;
- sufficient measures have been taken regarding the security of nuclear materials;
- there is no danger 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.
Legal basis for granting export authorisations for nuclear materials, nuclear equipment and technology
The application for and issuance of export authorisations are subject to Council Regulation (EC) No 428/2009 setting up a Community regime for the control of exports of dual-use goods and technology.
The issuance of the prior authorisation, the scope, the conditions and procedure for the export of nuclear materials, nuclear facilities and nuclear equipment, as well as nuclear technology and dual-use goods in the nuclear domain are regulated by the Act of 9 February 1981.
