The Nuclear Safeguards (EU Exit and Fees) (Amendment) Regulations 2026

Published: Mon 20th Jul 26

These Regulations amend existing nuclear safeguards and fee structures to update reporting requirements, terminology, and administrative timelines for operators of qualifying nuclear facilities in the United Kingdom.

They direct operators to provide more detailed design information, extended records retention, and adjusted notice periods for the import and export of nuclear material while authorizing the Office for Nuclear Regulation to recover costs for its expanded oversight activities.

These rules apply to all nuclear facility operators, carriers, and agents handling qualifying nuclear material across England, Wales, Scotland, and Northern Ireland.

Arguments For

The legislation states that the amendments update and clarify existing requirements to ensure the UK's nuclear accountancy system remains effective following its exit from the EU.
Proponents argue the changes harmonize the declaration process for conditioned or retained waste and ensure the Office for Nuclear Regulation (ONR) can recover costs reasonably incurred in its oversight functions.
The document notes that specific amendments allow the ONR to better give effect to obligations under relevant international agreements by incorporating these into particular safeguard provisions.
The regulations introduce more precise measurement units, requiring reporting in grams for most nuclear materials to improve the granularity of data.

Arguments Against

Legal scholars may note that the regulations shorten several compliance windows, such as reducing the time to report design changes from 30 days to 23 days, which could increase administrative pressure on operators.
Affected agencies might highlight the increased reporting burden, such as the new requirement for operators of existing facilities to submit design information within three years using specific new questionnaires.
Operators may express concern regarding the extension of record-keeping requirements, with some retention periods increasing from five years to 30 years.
Technical experts might question the removal of requirements related to ore extraction, potentially reducing oversight of the earliest stages of the nuclear material cycle.

Part 1 Introduction

Citation, commencement and territorial extent

-(1) These Regulations may be cited as the Nuclear Safeguards (EU Exit and Fees) (Amendment) Regulations 2026.

(2) These Regulations come into force on the day after the day on which they are made.
(3) These Regulations extend to England and Wales, Scotland and Northern Ireland.

This section establishes the official title of the regulations and sets the commencement date as 10 July 2026.

It confirms that the legal jurisdiction of the document covers the entire United Kingdom.

Part 2 Amendment of the Nuclear Safeguards (EU Exit) Regulations 2019

The Nuclear Safeguards (EU Exit) Regulations 2019( 3 ) are amended as follows.

Amendment to regulation 2

In regulation 2 (interpretation)-
(a) in the definition of 'closed down', after 'decommissioned' insert 'for safeguards purposes';
(b) for the defined term 'decommissioned' substitute 'decommissioned for safeguards purposes';
(c) in the definition of 'decommissioned for safeguards purposes' (as so substituted), after 'ONR that' insert 'operations have been permanently stopped, the qualifying nuclear material has been removed and';
(d) after the definition of 'decommissioned for safeguards purposes' (as so substituted), insert-

''design information' means information which the operator of a qualifying nuclear facility supplies using the relevant questionnaire in Part 1 of Schedule 1;';

(e) in the definition of 'qualifying nuclear facility with limited operation', for paragraph (b) substitute-
'(b) which is not a reactor, a critical facility, a conversion facility, a fabrication facility, a reprocessing facility, an isotopic enrichment facility, a spent fuel encapsulation facility nor a separate storage facility;';
(f) for the definition of 'retained waste' substitute-

''retained waste' means waste which is generated from processing or from an operational accident, which is irrecoverable for the time being, but which is stored;';

(g) for the definition of 'waste' substitute-

''waste' means waste containing qualifying nuclear material, in concentrations or chemical forms which make the qualifying nuclear material no longer useable for any nuclear activity relevant for safeguards, or which has become practicably irrecoverable.'.

This part modifies the definitions used in the 2019 Regulations to provide higher technical specificity.

It introduces the term 'decommissioned for safeguards purposes,' requiring proof that material has been removed and operations have stopped, and clarifies the legal meanings of 'waste' and 'design information.'

Amendment to regulation 3

-(1) In the heading of regulation 3 (declaration of basic technical characteristics), for 'basic technical characteristics' substitute 'design information'.

(2) In regulation 3-

(a) omit paragraph (1);
(b) in paragraph (2)-
(i) in sub-paragraphs (a), (b) and (c), for 'basic technical characteristics of' substitute 'design information for';
(ii) in sub-paragraph (c)-
(aa) after paragraph (i) insert 'or';
(bb) after paragraph (ii) omit the 'and';
(cc) omit paragraph (iii);
(c) after paragraph (2) insert-

'(2A) Where a change in the design information for a qualifying nuclear facility means the facility becomes a different type of facility (a 'repurposed facility'), the operator must declare to the ONR-

(a) the preliminary design information for the repurposed facility, as soon as the decision to make the change has been taken;
(b) the design information for the repurposed facility, based on the final design for the repurposed facility, using the relevant questionnaire shown in Part 1 of Schedule 1, not later than 200 days before the day on which the repurposing is started; and
(c) the design information for the repurposed facility as built, using the relevant questionnaire shown in Part 1 of Schedule 1, not later than 200 days before the day on which-
(i) qualifying nuclear material is first received at the repurposed facility; or
(ii) in the case of a qualifying nuclear facility which only treats or stores conditioned or retained waste, the treatment or storage begins.';
(d) in paragraph (3), for the words from 'An operator' to '30 days' substitute 'In any other case, an operator must declare to the ONR a change in the design information within the period of 23 days';
(e) in paragraph (4)-
(i) for 'basic technical characteristics of' substitute 'design information for';
(ii) for 'fully decommissioned' substitute 'decommissioned for safeguards purposes'.

This section Replaces the term 'basic technical characteristics' with 'design information' and establishes strict timelines for reporting facility changes.

It mandates that operators of repurposed facilities must notify the ONR at least 200 days before receiving nuclear material and reduces the general deadline for reporting design changes from 30 to 23 days.

Amendment to regulation 5

In regulation 5 (particular safeguard provisions)-

(a) in paragraph (1)-
(i) in the words before sub-paragraph (a), for the words from 'basic technical characteristics' to 'relevant technical characteristics' substitute 'information submitted by an operator under Parts 2, 3 or 6 or regulation 31 of these Regulations and having discussed the relevant information';
(ii) for sub-paragraph (b) substitute-
'(b) take account of any-
(i) obligations under a relevant international agreement( 4 ); and
(ii) relevant operational and technical constraints on the operator and the qualifying nuclear facility.';
(b) in paragraph (4)-
(i) in sub-paragraph (b), for 'basic technical characteristics' substitute 'design information';
(ii) after sub-paragraph (h) insert-
'(i) any other procedure, arrangement or equipment the ONR considers necessary or appropriate to give effect to an obligation under a relevant international agreement.';
(c) after paragraph (4) insert-

'(5) Having reviewed the information submitted by an operator under Parts 2, 3 or 6 or regulation 31 of these Regulations and having discussed the relevant information with the operator, the ONR may amend any particular safeguard provision imposed under paragraph (1) provided the amended provision meets the requirements of sub-paragraphs (a) and (b) of that paragraph.

(6) Paragraphs (2) and (3) apply in relation to an amended particular safeguard provision.

(7) The ONR may, by written notice to the relevant operator, withdraw any particular safeguard provision imposed under paragraph (1) where the ONR considers it is no longer necessary or appropriate.'.

This section empowers the ONR to set, amend, or withdraw specific safeguard requirements for individual nuclear facilities.

It directs the ONR to ensure these provisions comply with international agreements and allows the regulator to mandate additional equipment or procedures if necessary for international compliance.

Amendment to regulation 6

In regulation 6 (accountancy and control of qualifying nuclear material)-
(a) in paragraph (1), after 'must' insert 'establish and';
(b) in paragraph (3), for 'basic technical characteristics' substitute 'design';
(c) in paragraph (4) for 'five' substitute '30'.

Amendment to regulation 7

In regulation 7 (accountancy and control plan), omit paragraph (2).

Amendment to regulation 8

In regulation 8 (replacement, etc. of accountancy and control plan), in paragraph (1)-
(a) for 'basic technical characteristics of' substitute 'design information for';
(b) after 'regulation', insert '3(2A),';
(c) for '30' substitute '23'.

These amendments increase the records retention period for nuclear material accounts from five years to 30 years.

It also shortens the time allowed for operators to provide a replacement accountancy and control plan to the ONR from 30 days to 23 days.

Amendment to regulation 20

In regulation 20 (weight units of qualifying nuclear materials)-

(a) in paragraph (1)-
(i) in the words before sub-paragraph (a), for 'When' substitute 'Subject to paragraph (1A), when';
(ii) in sub-paragraph (a), for 'to at least the nearest gram' substitute 'in grams';
(iii) in sub-paragraph (b), for the words from 'rounded down' to the end substitute 'expressed to a maximum of three decimal places.';
(b) after paragraph (1) insert-

'(1A) Paragraph (1) does not apply to information supplied under regulation 3 in so far as the relevant questionnaire in Part 1 of Schedule 1 specifies a different unit of measurement.'

This section standardizes the reporting of nuclear material weights, requiring them to be recorded in grams.

It further stipulates that these measurements must be expressed to exactly three decimal places unless a specific questionnaire requires a different unit.

Amendment to regulation 21

In regulation 21 (exports), in paragraph (2), for '7' substitute '13'.

Amendment to regulation 22

In regulation 22 (imports), in paragraph (2), in sub-paragraph (a), for '4' substitute '7'.

These clauses extend the advance notice periods for transporting nuclear materials across borders.

The notice required for exports is increased from seven to 13 days, and for imports from four to seven days.

Part 3 Amendment of the Nuclear Safeguards (Fees) Regulations 2021

Amendment to regulation 4

In regulation 4 (supplementary provisions), in paragraph (1), for 'and must not exceed' substitute 'so as to recover'.

Amendment to Schedule 2

In Schedule 2 (fees payable in connection with the Nuclear Safeguards Regulations)-

(a) in the entry for regulation 3 (declaration of basic technical characteristics)-
(i) in the first column, after 'Regulation 3(2),' insert '(2A),';
(ii) in both columns, for 'basic technical characteristics', in each place those words occur, substitute 'design information';
(b) in the entry for regulation 5 (particular safeguard provisions)-
(i) in the first column, for '5(1) and (2)' substitute '5(1), (2), (5) and (7)';
(ii) in the second column-
(aa) after 'qualifying nuclear facility' insert 'and any amendment or withdrawal of such provisions';
(bb) for 'provisions to the operator under regulation 5(2)' substitute 'provisions, or any subsequent amendment or withdrawal, to the operator under regulation 5(2) or (7)'.

This part amends the 2021 Fees Regulations to ensure the ONR can recover the full costs of its regulatory activities.

It explicitly adds the power to charge fees for assessing repurposed facility designs and for the amendment or withdrawal of safeguard provisions.

Part 4 Transitional provision

-(1) In the case of a qualifying nuclear facility existing immediately before amendment day, the operator must declare to the ONR the design information for the qualifying nuclear facility, using the relevant questionnaire shown in Part 1 of Schedule 1 of the 2019 Regulations, before the end of the period of three years beginning with amendment day.

(2) In the case of a qualifying nuclear facility existing immediately before amendment day, for a period of one year beginning with amendment day-

(a) Part 1 of Schedule 1 to the 2019 Regulations is to be treated as if no amendment was made by these Regulations;
(b) references to 'design information' in the 2019 Regulations are to be treated as references to 'basic technical characteristics'.

This provides a grace period for existing facilities to comply with the new reporting standards.

Operators are given three years to submit design information under the new format, while old terminology remains valid for one year following the commencement of these regulations.

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