The Nuclear Safeguards (EU Exit) Regulations 2019 (NSR19)

If you have any questions about these regulations and how they might apply to your organisation, please do get in touch.

These Regulations are based on EU Directive 302/2005/Euratom and are made under the Nuclear Safeguards Act 2018. They apply to England, Northern Ireland, Scotland and Wales and came into force when the UK left the European Union at 11 pm on 31 December 2020. The Regulations are enforced by the Office for Nuclear Regulation (ONR).

The purpose of these Regulations is to ensure that certain nuclear materials intended for civil use are only used for peaceful purposes.

Application

The Regulations only apply to people working with ‘qualifying nuclear materials’ which is defined as uranium, thorium and plutonium. Depending on the operator and quantities of material in use, work may either be:

Exempt i.e. the Regulations do not apply.
Subject to a limited reporting regime.
Subject to the full reporting regime.

Exemptions

In very limited circumstances, the Regulations do not apply. There is a specific exemption for some schools, academies and sixth forms. There is also an exemption for people holding qualifying materials in a form which is irrecoverable. The ONR have released guidance clarifying that the Regulations do not apply to uranium and thorium glazes, filaments or lenses; uranium glass; and thoriated welding rods.

It is important to note that there is no de minimis quantity of qualifying material defined in the Regulations. However, in the above guidance, the ONR have stated that in some cases it is inappropriate to apply the Regulations.

Limited reporting regime

A limited reporting regime exists for small holders who fall into the category of Qualifying Nuclear Facility with Limited Operation (QNFLO). Some universities, small laboratories and industrial radiographers using gamma-ray sources are likely to qualify for this regime. However, QNFLO status must be applied for - it is not automatically granted.

Full reporting regime

Operators who are neither exempt from the Regulations, nor granted QNFLO status, are subject to more frequent reporting requirements. This regime is likely to apply to nuclear power plants, enrichment facilities, small holders who have not applied for QNFLO status, and those holding more than one effective kilogram of qualifying nuclear material.

QNFLOs

A limited reporting regime is availiable for certain dutyholders in situations where it is not considered proportionate to apply the requirements of the full reporting regime. So called Qualifying Nuclear Facilities with Limited Operation may only apply for this regime if they use less than one effective kilogram of qualifying nuclear material.

Applying for QNFLO status

To apply for QNFLO status, operators must submit the following to the ONR:

A request for QNFLO status form (see Schedule 1, Part 11)
A Basic Technical Characteristics questionnaire including an Accountancy and Control Plan (see Schedule 1, Part1, Annex I-H)
A list of inventory items

Obligations

Once granted QNFLO status, operators need to submit a Physical Inventory Listing and Material Balance Report annually and the ONR provide reporting templates which may be used.