Each transport of radioactive substances, whether by road, air, water or rail, is subject to a prior authorisation issued by the Minister of Health.

Who is concerned

The application for prior authorisation for the transport of radioactive substances must be completed whenever the quantities and concentration levels exceed the levels determined for Class IV establishments. 

Deadlines

Each establishment that is about to transport radioactive substances must submit an application for authorisation before their transport.

Costs

On 1 June of each year, establishments with an authorisation for the transport of radioactive substances are required to pay a fee of EUR 500.

The tax must be paid by direct deposit or wire transfer to the bank account of the Registration Duties, Estates and VAT Authority (Administration de l’enregistrement, des domaines et de la TVA), and the applicant's identity and the purpose of the payment must be indicated.

Proof of payment must be sent to the National Health Directorate.

Please note that authorisations limited to the transport of packages with UN identification numbers 2908, 2909, 2910 and 2911 need not pay this tax.

How to proceed

Filing an application

Applicants must submit their application for a transport authorisation to the Minister of Health:

• by post; or
• by email to: secretariat.radioprotection@ms.etat.lu.

The Radiation Protection Division will be in charge of the administrative follow-up of the file.

Applicants must provide the following information in the application for authorisation:

• their contact details (surnames, first names, position, domicile, company name, registered office, surnames and first names of the administrators and the company manager);
• the type of transport planned (destination, estimated date or frequency, means of transport used);
• the characteristics of the radioactive substances transported (quantity, physical or chemical state, sealed or unsealed nature, packaging, nature and intensity of the radiation emitted);
• the type(s) of package(s) to be transported;
• precautionary measures during handling and storage;
• internal emergency procedures;
• the qualification of the staff assigned to transporting and convoying, and the information provided to said staff with respect to the measures to be taken in the event of accidents;
• the radiation protection programme;
• the appointment of a person responsible for monitoring the transport, as well as for the special conditions which may be imposed by the authorisation;
• the insurance taken out to cover the risks inherent in incidents and/or accidents likely to be caused by the nature of the goods transported.

Documents to be submitted with the application

The application for authorisation may be accompanied by the following documents:

• the radiation protection programme defining the radiation protection objectives and the means planned to achieve these objectives, taking into account the nature and extent of the risks;
• where applicable, a copy of the authorisations for the transport of radioactive materials issued by the authorities in the carrier's country of origin;
• if the goods are transported by air: the special or general transport authorisation;
• a copy of the safety advisor's training certificate;
• a copy of the insurance taken out to cover the consequences of incidents or accidents caused by the nature of the goods transported;
• any other relevant documents.

The Director of Health may request additional information.

Processing the application

The Director of Health acknowledges receipt of the application for authorisation to transport.

The director may, if necessary, request the opinion of the following:

• authorities and administrations under the responsibility of the Minister of Transport or Aviation;
• national, foreign or international experts or organisations.

The Minister of Health then sets the conditions for the transport authorisation or provides the reason for the refusal of the authorisation in principle within 15 days from:

• the acknowledgement of receipt; or
• the receipt of the opinions requested .

The authorisation may, among others, specify:

• the responsibilities;
• restrictions on the types and maximum number of packages to be transported;
• restrictions on maximum activity and dose rates;
• the minimum qualifications of the internal and external staff;
• requirements for emergency procedures and communications;
• dose constraints;
• the work procedures to be followed;
• specific operational provisions to reduce exposure and ensure the physical protection of equipment;
• the content and management of registers;
• the quality assurance measures to be taken;
• the implementation of an audit system;
• the necessary equipment.

The Minister will communicate their decision to the applicant.

Duration of validity

Permits are granted for a limited period of at least one year and may not exceed 10 years.

Renewal of the authorisation for transport

Applications for the renewal of the authorisation for transport must be sent:

• by registered mail, if no elements have changed;
• on a new application, if the application involves new elements.

Appeal in the event of refusal

If the authorisation is denied, an administrative appeal may be lodged within 3 months of the notification of refusal.

Obligations

The transport of radioactive materials must comply with the provisions of the international conventions and regulations in force governing the transport of dangerous goods.

Each carrier of equipment or materials that are likely to emit ionising radiation and who is subject to the authorisation for establishments in classes I to III must ensure that the recipient has complied with the applicable regulatory provisions regarding:

• the holding;
• the use; or
• the transformation of the device or material in question.

Packages and vehicles must be properly labelled and marked during transport.

The establishment transporting radioactive material must appoint a safety adviser who has received specific training recognised by the Radiation Protection Division.

Sanctions

Any person transporting radioactive substances without prior authorisation may be charged with a criminal offence.

Useful information

In order to transport radioactive substances, the carrier must comply with the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR), in particular as regards their driving licence.

For the transport of Class 7 radioactive material in excepted packages (UN Nos. 2908, 2909, 2910 and 2911), the carrier does not require an ADR driving licence.

The carrier must hold a basic ADR driving licence for the carriage of radioactive material in Type A or IP packages, provided that:

• the vehicle's total weight does not exceed 3,500 kg;
• the transport involves fewer than 10 packages containing radioactive material;
• the total sum of the transport indexes in the vehicle does not exceed 3.

For any other type of transport, the carrier must have an ADR driving licence with a Class 7 specialisation.

Forms / Online services

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