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8.—(1) The chief inspector shall not grant an authorisation for a shipment—
(a)either—
(i)to a destination south of latitude 60 degrees south; or
(ii)subject to regulation 12 (return of material after processing or reprocessing), to a State party to the Fourth ACP-EEC Convention(1) which is not a member of the Community; or
(b)to a third country which, in the opinion of the chief inspector, in accordance with the criteria referred to in Article 20 of the Directive, does not have the technical, legal or administrative resources to manage the radioactive waste safely.
(2) Where the chief inspector has granted an authorisation under regulation 7(5) for a shipment to which this Part applies by virtue of regulation 5(a), the holder shall be obliged to take the radioactive waste back if either—
(a)the shipment cannot be completed, or
(b)the conditions and requirements contained in the authorisation for the shipment are not complied with.
(3) Where this Part applies to a shipment by virtue of regulation 5(b), the chief inspector shall not grant an authorisation for the shipment unless he is satisfied that the consignee of the radioactive waste has negotiated a clause with the holder of the waste established in the country of origin obliging that holder to take back the waste where a shipment cannot be completed.
The Fourth ACP-EEC Convention was signed at Lome on 15th December 1989.
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