Key data
| Regulation | Decision (EU) 2026/2209 of the Commission, of 29 September 2026 |
|---|---|
| Modified standard | Commission Decision 2008/312/Euratom |
| Reference framework | Council Directive 2006/117/Euratom |
| Publication | 2 October 2026 |
| Entry into force | 29 September 2026 |
| Affected parties | Nuclear facilities, radioactive waste managers, nuclear regulatory authorities |
| Category | Energy |
| Body in Spain | Nuclear Safety Council (CSN) |
Nuclear facilities and radioactive waste management companies operating transfers between EU Member States or to third countries have a new and immediate obligation: to use the updated form established by Decision (EU) 2026/2209. The regulation entered into force on 29 September 2026, even before its publication in the Official Journal on 2 October.
This decision amends Decision 2008/312/Euratom, which has been regulating the uniform document for monitoring and control of transfers for nearly two decades. The change is not optional: the updated document is the only valid one for requesting transfer authorizations under Directive 2006/117/Euratom.
What does this regulation establish?
Decision 2026/2209 updates the uniform document that must mandatorily accompany any cross-border transfer of radioactive waste or spent nuclear fuel. This form is the central monitoring and control instrument required by Directive 2006/117/Euratom.
| Aspect | Before (Decision 2008/312/Euratom) | Now (Decision 2026/2209) |
|---|---|---|
| Control document | Uniform form established in 2008 | New updated uniform form |
| Form validity | From 2008 until 28/09/2026 | From 29/09/2026 |
| Mandatory nature | Mandatory for transfers between MS and third countries | Mandatory for transfers between MS and third countries |
| Consequence of non-compliance | Authorization denial or administrative sanctions | Authorization denial or administrative sanctions |
The scope of application does not change: the document remains mandatory for any transfer, both between EU Member States and to or from third countries. What changes is the content and format of the form that must be submitted when requesting authorization.
Economic and operational impact
The direct impact is not a new fee or quantified economic cost in the regulation, but a first-order operational and administrative risk:
- Authorization denial: Submitting the old form may result in direct denial of the transfer request, halting operations.
- Administrative sanctions: Non-compliance with the use of the updated document may result in sanctions by the competent national authorities.
- Review of internal procedures: All nuclear facilities and waste managers must update their document management systems, request templates and compliance protocols.
- Coordination with CSN: In Spain, the Nuclear Safety Council (CSN) must implement and communicate these changes to affected operators, which may involve additional internal adaptation periods.
The real cost for each operator will depend on the volume of transfers it manages and the degree of automation of its document processes. Facilities with higher frequency of international transfers must act with greater urgency.
Who does it affect?
- Nuclear facilities that generate or manage radioactive waste or spent nuclear fuel and carry out cross-border transfers.
- Radioactive waste management companies that operate transfers between EU Member States or to third countries.
- National nuclear regulatory authorities, in particular the Nuclear Safety Council (CSN) in Spain, responsible for implementing and communicating changes to affected operators.
- Compliance and legal departments of any entity that processes transfer authorizations under Directive 2006/117/Euratom.
- Advisors and consultants specialized in nuclear regulations and radioactive waste management.
Practical example
A Spanish nuclear power plant that needs to transfer spent nuclear fuel to a reprocessing facility in another EU Member State must initiate the authorization process with the new uniform form established by Decision 2026/2209.
If the operations department uses the template from the previous form (based on Decision 2008/312/Euratom) because it has not updated its internal procedures, the competent authority of the destination country—or the CSN itself in the Spanish processing phase—may deny the authorization request. This would halt the transfer until the correct documentation is submitted, with the resulting impact on operational planning and costs associated with the delay.
The solution is simple but urgent: locate the new form published under Decision 2026/2209, replace it in all document management systems and train the personnel responsible for transfer requests.
What should companies do now?
- Obtain the new uniform form published under Decision (EU) 2026/2209 through the EU Official Journal or the CSN.
- Remove the previous form (Decision 2008/312/Euratom) from all document management systems, templates and internal procedures to prevent accidental use.
- Update administrative procedures for requesting transfer authorization to incorporate the new document as the only valid one.
- Contact the CSN to confirm implementation requirements in Spain and receive official communication about the new form and adaptation timelines.
- Train responsible personnel on processing transfer authorizations about the new document and its differences from the previous one.
- Review pending requests: if there are authorizations in process, verify whether they need to be updated with the new form before they are resolved.
The risk of non-compliance is clear: denial of transfer authorizations and possible administrative sanctions. The regulation is already in force as of 29 September 2026, so there is no time to wait.
Frequently asked questions
When is the new form mandatory for radioactive waste transfers?
The new uniform document is mandatory from 29 September 2026, the date Decision (EU) 2026/2209 entered into force. The regulation was published in the Official Journal on 2 October 2026, but its validity is prior to that publication.
What happens if I submit the old form in a transfer authorization request?
According to Decision 2026/2209, the use of the outdated document may result in denial of the transfer authorization or administrative sanctions by the competent national authorities. In Spain, the competent body is the Nuclear Safety Council (CSN).
Which transfers does the new uniform document affect?
The document is mandatory for any cross-border transfer of radioactive waste or spent nuclear fuel, both between EU Member States and to or from third countries, under Directive 2006/117/Euratom.
What regulation does Decision 2026/2209 replace?
Decision (EU) 2026/2209 amends Commission Decision 2008/312/Euratom, which was the regulation establishing the uniform document for monitoring and control of transfers since 2008. The new form replaces the previous one in all authorization procedures.
What is the CSN's role in implementing this regulation in Spain?
The Nuclear Safety Council (CSN) is the competent authority in Spain for implementing and communicating these changes to affected operators. Nuclear facilities and waste managers must coordinate with the CSN to learn about specific adaptation requirements and receive the new official form.
Official source
View complete regulation in official source
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://eur-lex.europa.eu/./legal-content/AUTO/?uri=OJ:L_202602209
