REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE on the implementation by the Member States of Council Directive 2006/117 EURATOM on the supervision and control of shipments of radioactive waste and spent fuels /* COM/2013/0240 final */
REPORT FROM THE COMMISSION TO THE
EUROPEAN PARLIAMENT, THE COUNCIL AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE on the implementation by the Member States
of Council Directive 2006/117 EURATOM on the supervision and control of
shipments of radioactive waste and spent fuels TABLE OF CONTENTS 1........... Introduction.................................................................................................................... 4 1.1........ Background.................................................................................................................... 4 1.2........ Legal framework............................................................................................................ 5 1.3........ General principles for supervision and control of shipments.............................................. 6 2........... Implementation of the general
provisions.......................................................................... 6 2.1........ Transposition of the Directive.......................................................................................... 6 2.2........ Standard document for the supervision and control of shipments...................................... 7 2.3........ Competent authorities..................................................................................................... 7 2.4........ Transmission................................................................................................................... 7 2.5........ Advisory committee........................................................................................................ 8 2.6........ Regular reports............................................................................................................... 8 3........... Reporting from Member States....................................................................................... 9 3.1........ Shipments....................................................................................................................... 9 3.2........ Exports out of the Community......................................................................................... 9 4........... Conclusions.................................................................................................................. 10 1. Introduction Council Directive 2006/117/Euratom[1] lays down a Community system of supervision and control of
transboundary shipments of radioactive waste and spent nuclear fuel, so as to
guarantee an adequate protection of the population. This Directive applies to
transboundary shipments whenever the country of origin or the country of
destination or any country of transit is a Member State of the Community. It
ensures that Member States concerned are informed about shipments of
radioactive waste and spent nuclear fuel to or via their territory with the
obligation to give either their consent or reasoned refusal to the shipments. The Directive foresees periodical reporting
from Member States to the Commission and from the Commission to the European
Parliament, to the Council and to the European Economic and Social Committee.
The purpose of the reporting is to provide a useful overview of authorisations
given Community-wide and to allow identification of practical difficulties
encountered by the Member States in implementing the provisions of the
Directive and the solutions applied. This is the first report from the
Commission on the implementation of Council Directive 2006/117/Euratom.
Following the introduction, this report will provide: –
Feedback on the implementation of the general
provisions (Chapter 4) of the Directive; –
A summary overview of the information from the
Member States reporting to the Commission on the implementation of the
Directive. This information has been established in consultation with the
individual Member States. Details on the implementation of the Directive by the
Member States are presented in the Commission Staff Working Document SWD(2013)150. The conclusion of this report will give an
outlook on the challenges that require further attention and that will be
addressed in close cooperation with the advisory committee and the Member
States. 1.1. Background All EU Member States produce radioactive
waste, generated by numerous activities, such as electricity production in
nuclear power plants and radioisotope applications in medicine, industry,
agriculture, research and education. The operation of nuclear reactors also
generates spent fuel. Spent fuel means nuclear fuel that has been irradiated in
and permanently removed from a reactor core. When spent fuel is unloaded from a
reactor core, it is stored in dedicated ponds adjacent to the reactor to allow
the initial heat and radiation levels to decrease. From the reactor site, spent
fuel is transported by road, rail or sea to either an interim storage site or a
reprocessing plant where it will be reprocessed. Fourteen out of twenty seven Member States
have nuclear power reactors in operation, and further two Member States have
nuclear power reactors which are being decommissioned[2]. Most
Member States have research reactors. Each Member State is fully responsible for the
choice of its national policy on the management of the radioactive waste and
spent fuel. Spent fuel may either be considered as a usable resource that can
be reprocessed or be destined for disposal if regarded as radioactive waste.
Spent fuel requires therefore particular attention. Regardless of the choice
made by the Member States for the management of their radioactive waste and
spent fuel, transport operations of those materials are necessary and occur
between Member States and into, and out of the Community. 1.2. Legal framework Operations involved
in shipments of radioactive waste or spent fuel are subject to a number of
requirements under Community[3] legislation and international legally binding Conventions[4] regarding in particular the safe transport of radioactive material
and the conditions under which radioactive waste or spent fuel is disposed of
or stored in the country of destination. The Community legislation for the health
protection of workers and the general public requires that shipments of
radioactive waste or spent fuel between Member States and into and out of the
Community be subject to a compulsory and common system of prior authorisation. This system of prior authorisation for shipments, established in
1992[5], was modified significantly in
2006 with the adoption of the Directive on the
supervision and control of shipments of radioactive waste and spent fuel,
hereinafter "Shipments Directive"[6]. The provisions of the 1992 Directive needed to be amended in the
light of experience; to clarify and add concepts and definitions, to address
situations that had been omitted in the past and to simplify the existing
procedure for the shipment of radioactive waste between Member States.
Modifications were also necessary in order to guarantee consistency with other
Community and international provisions, and in particular with the Joint
Convention on the Safety of Spent Fuel Management and on the Safety of
Radioactive Waste Management, to which the Community acceded on 2 January 2006. The obligations under the Shipments
Directive are without prejudice to the right of Member States to export their
spent fuel for reprocessing. Nothing in the Directive implies that a Member State of destination has to accept shipments of radioactive waste and spent fuel for
final treatment or disposal except in the case of reshipment (return to the
country of origin). Any refusal of such shipments is to be justified on the
basis of the criteria set out in the Directive. Furthermore, the Shipments
Directive prohibits the export of radioactive waste or spent fuel to African, Caribbean or Pacific (ACP) countries or to a third country which does not have the
resources to manage the radioactive waste or spent fuel safely. The recently adopted Council Directive
2011/70/Euratom[7], hereinafter "Waste Directive", introduces additional
binding conditions in case of shipment of radioactive waste, including spent
fuel considered as waste in case of disposal. The general principle under
Article 4(4) of the Waste Directive foresees that radioactive waste shall be
disposed of in the Member State in which it was generated, unless at the time
of shipment an agreement has entered into force between the Member States
concerned and another Member State or a third country to use a disposal facility
in one of them. However such an agreement is also subject to criteria
established by the Commission in accordance with Article 16(2) of the Shipments
Directive and the provisions of the Waste Directive requesting among others
such a disposal facility to be already safely in operation at the time of
shipment. The Waste Directive does not affect the
freedom of Member States to accept spent fuel or waste for processing or
reprocessing from third countries and send it back to its country of origin.
Similarly, Member States remain free to ship their radioactive waste or spent
fuel for processing or reprocessing to another Member State or to a third
country. In both cases, the ultimate responsibility for the safe and
responsible disposal of those materials, including any waste as a by-product,
remains with the Member State or third country from which the radioactive
material was shipped. 1.3. General principles for
supervision and control of shipments A holder[8] who
plans to carry out an intra-Community shipment of radioactive waste or spent
fuel or to arrange for such a shipment to be carried out must submit a duly
completed application to the competent authorities of the Member State of origin. A single application may cover several shipments if these share the same
characteristics and if the route (countries and borders crossed) and the
competent authorities are the same. Where radioactive waste or spent fuel is to
be imported into the Community, the consignee must submit this application to
the competent authorities of the Member State of destination. Where a shipment
is made from a Member State to a third country, the competent authorities in
the Member State of origin must contact the relevant authorities in the country
of destination. The shipment cannot be made until the
competent authorities of the country of destination and of any country of
transit have notified the competent authorities of the country of origin of
their approval. The Shipments Directive stipulates a period of two months after
receipt of the application for notification of approval or refusal. Refusal
from a Member State of destination or transit must be justified with regard to
the legislation on the shipment and management of radioactive waste or spent
fuel or on the grounds of relevant national, Community or international
legislation applicable to the transport of radioactive material. The competent authorities in Member States
of transit or destination may add conditions to the shipment. Nevertheless, for
shipments within the Community, it is not possible to lay down conditions which
are more stringent than those laid down by the national law of a Member State on the shipment of radioactive waste on its own territory. Finally, if the conditions applying to the
shipment are not complied with or the shipment cannot be completed, the
competent authorities of the Member State of origin must ensure that the
radioactive waste or the spent fuel in question is taken back by the holder
unless an alternative safe arrangement can be made. 2. Implementation of the general provisions 2.1. Transposition of the
Directive The Shipments Directive required that the
Member States had to bring into force before 25 December 2008 the laws,
regulations and administrative provisions necessary to comply with the Directive. Although most Member States met this
deadline, a few Member States did not transpose the Directive in time and the
Commission opened infringement proceedings against them. The Member States in
question subsequently communicated their measures to transpose the Directive
and the Commission was able to close these cases during the second half of
2009, with the exception of Greece, whose transposition measures were
communicated in September 2010. Since the end of 2010 the transposition of
Council Directive 2006/117/Euratom is completed and it can be considered as
being implemented in all EU Member States. 2.2. Standard document for the
supervision and control of shipments The Shipments Directive foresees the use of
a standard document for all shipments within the scope of the Directive. Taking
into account past experience a new Commission Decision establishing the
standard document for the supervision and control of shipments of radioactive
waste and spent fuel was published in the Official Journal of the European
Union in April 2008[9]. For the shipments of radioactive waste and
of spent fuel (including spent fuel destined for final disposal and as such
categorised as waste) the standard document provides in its annex the forms
for: the application of authorisation; the acknowledgement of receipt of
application; the authorisation or refusal of shipment; the description of
consignment/list of packages as well as the acknowledgement of receipt of
shipment. The standard document also includes a list of minimum requirements of
a duly completed application. Following an inconsistency
between Council Directive 2006/117/Euratom and the
explanatory notes to Commission Decision C(2008)793 of 5 March 2008
establishing the standard document for the supervision and control of shipments
of radioactive waste and spent fuel referred to in Council Directive
2006/117/Euratom (2008/312/Euratom), a corrigendum was published in the OJ[10] to modify the wording
accordingly. Member States have also reported some
difficulties in the use of the standard document. Details about this
inconsistency and the difficulties encountered are provided in the Commission
Staff Working Document SWD(2013)150. These difficulties will be followed up by
the advisory committee. 2.3. Competent authorities Competent authorities are any authority
which, under the law or regulations of the countries of origin, transit or
destination, are empowered to implement the system of supervision and control
of shipments of radioactive waste or spent fuel. In order to facilitate
communication with the Commission all Member States must provide the Commission
with the necessary information and contact details of their competent authority
or authorities. The list of competent authorities in the
Member States can also be accessed via the Europa web site of the European
Commission under the following link: http://ec.europa.eu/energy/nuclear/transport/shipment_directive_en.htm. 2.4. Transmission Under Article 19 of the Shipments Directive
the Commission shall establish recommendations for a secure and effective
system of transmission of the documents and information relating to the
provisions of the Directive. The Commission shall also establish and maintain
an electronic communication platform for providing the contact details of the
competent authorities in the Member States, the languages acceptable to the
competent authorities as well as all general conditions and additional
requirements, if any, required for the authorisation of shipments. The Commission Recommendation for a secure
and effective system of transmission of documents and information was published
in the Official Journal of the European Union in July 2009[11]. Regarding the electronic platform, the
Commission established a website (see the above cited link) containing all
relevant information related to the Shipments Directive. The data provided is,
where appropriate, updated following information transmitted to the Commission
by each Member State as foreseen under Article 18(2) of the Directive. 2.5. Advisory committee In performing the tasks laid down by the
Directive, the Commission is assisted by a Committee of
an advisory nature composed of representatives of the Member States. The first
meeting was convened in May 2007 with the adoption of
the advisory committee terms of reference and work programme for the following
years. The Committee held nine meetings organised and
chaired by a representative of the Commission. The advisory committee delivered its
opinion: –
on the establishment and use of the standard
document; –
on the Commission Recommendation establishing
criteria for the export of radioactive waste and spent fuel to third countries; –
on the Commission Recommendation for a secure
and effective system of transmission of documents. The opinions of the Committee have been
recorded in the minutes. The experience to date shows that the
advisory committee is a good and useful tool to allow representatives of Member
States to share their experience with the Commission and between themselves. 2.6. Regular reports Member States have the obligation to report
to the Commission for the first time by the end of 2011 and then every three
years on the implementation of the Shipments Directive. On the basis of the
Member States' reports, the Commission has established this first summary
report for the European Parliament, the Council and the European Economic and
Social Committee in order to provide a useful overview of authorisations given
Community-wide and to inform about practical difficulties encountered by the Member States and the solutions applied. According to Article 20 and the procedures
laid down in Article 21 of the Directive, the advisory committee was consulted
on the draft report and the associated working document. No major comments were
received from the members of the advisory committee. Comments mainly concerned
updates of contact details. The reporting should pay particular
attention to cases of reshipment related to non-authorised shipments and
undeclared radioactive waste (Art. 4 of the Directive). In the context of this
first report, the Commission has not been informed about any shipments that
would fall under the provisions of Article 4. 3. Reporting from Member States In order to streamline the reporting
process the Commission provided all Member States with a reporting template in
two parts: the first part on information on the implementation of the
Directive, the second part on information on shipments. All Member States have
reported to the Commission. The information provided was analysed by the
Commission and, where necessary, some issues that required further
clarification were addressed bilaterally with the Member States concerned. The
main elements from the Member States reports are summarised in this report.
Further details can be found in the accompanying Commission Staff Working
Document. In general, no major problems in the
implementation of the Directive were reported by the Member States.
Nevertheless, some Member States reported particular concerns about the
following two issues: –
The fact that there is no harmonisation of
clearance levels for radioactive waste in the EU can lead to the possibility
that materials containing radioactive substances are released in one Member State but could still be considered as radioactive waste in another Member State. –
Transboundary shipments of some wastes
containing naturally occurring radioactive materials (NORM[12] waste) and which are not arising from authorized practices as
currently defined under the Basic Safety Standards. These kinds of wastes are
excluded from the scope of this Directive but also from the Directive[13] on the management of waste from extractive industries. Both issues will be further investigated
and addressed within the advisory committee. 3.1. Shipments The Shipments Directive requests that
shipments of radioactive waste and spent nuclear fuel between Member States
take place only with the prior informed consent of the competent authorities of
all the Member States involved. From the 27 Member States, 14 Member States
authorised shipments within the scope of the Directive. The number of
authorisations is relatively small. In the period covered by the present report
2008 -2011, Member States reported the delivery of 161 authorisations[14] within the scope of the Directive. 74% of the authorisations are
related to shipment of wastes, the remaining 26 % are shipments of spent
nuclear fuels. Most of the shipments are shipments between
Member States. Detailed information is provided in the Commission Staff Working
Document. 3.2. Exports out of the Community Without prejudice to the right of each
Member State to define its own spent fuel cycle policy and as already
mentioned, the Shipments Directive shall not affect the right of a Member State
to export spent fuel for reprocessing, taking into account the principles of
the nuclear common market, in particular the free movement of goods within the
EU. However article 16(1) of the Directive clearly indicates under which
conditions export shipments are prohibited. Particularly important is that the
competent authority of Member States shall not authorise shipments to a third
country which does not have the administrative and technical capacity and
regulatory structure to manage the radioactive waste or spent fuels safely, as
stated also in the Joint Convention. Hereto, and with the involvement of the
advisory committee in accordance with the procedure laid down in Article 21,
the Commission has established criteria in line with the Article 16.2, taking
due account of, inter alia, relevant safety standards of the International
Atomic Energy Agency (IAEA), facilitating Member States to evaluate whether
requirements for exports are met. Those criteria have been published as a Commission
Recommendation in the Official Journal of the European Union in December
2008[15]. The number of authorisations as reported by
the Member States for export to third countries remains rather low (17 % out of
the total number of reported authorisations). 9 Member States reported a total
of 28 authorisations for export outside the EU to Russia, China, Switzerland, Japan and USA. 16 of those authorisations concerned the shipment of spent fuel
for reprocessing (6 authorisations for spent fuel from nuclear power plants) or
reprocessing and storage (10 authorisations for spent fuel from research
reactors). The remaining 12 authorisations were for radioactive waste being
returned to the country of origin (i.e. radioactive waste arising from the
treatment of contaminated material in one of the Member States). Member States reported that shipments and
exports are supervised and controlled in accordance with the procedures and
provisions laid down in the Shipments Directive. However, with the information
provided, the Commission is not in a position to verify whether all the export
criteria according to the Commission Recommendation are fully complied with; in
particular whether the spent fuel facilities in the third countries are
effectively submitted to an IAEA safeguards agreement, in connection with the
signature and ratification of the Non-Proliferation Treaty, and related
additional protocols or whether the requirements for a high level of safety are
met as required under the Waste Directive. In the reporting from the Member States,
the Commission also notes an overall consistency and complementarity with the
National Reports under the Joint Convention on the Safety of Spent fuel
Management and on the Safety of Radioactive Waste Management as those reports describe
mainly the legal framework and responsibilities. 4. Conclusions The Shipments Directive has been
successfully transposed in all EU Member States. The general provisions under
the Directive have been implemented through the adoption and publication of the
relevant Commission Decision and Recommendations and the creation of the
Advisory Committee. After having assessed the information
provided by the Member States in their first reporting exercise, the Commission
notes that the Directive is now being fully implemented so as to guarantee an
adequate protection of the population. It provides a well-structured and
operational framework for the supervision and control of shipments in all
Member States, ensuring that transboundary shipments of radioactive waste and
spent nuclear fuel take place only with the prior informed consent of the
competent authorities of all the Member States involved. The implementation of the Shipments
Directive has not given rise to any major problems. The issue of NORM waste and
clearance levels in the context of the shipment of radioactive waste has been
identified and will be further followed-up by the advisory committee
established under this Directive. As regards the shipments of radioactive
wastes and spent fuel, the Commission notes that the existing national
provisions, notably those implementing the Directive laying down basic safety
standards for the protection of the health of workers and the general public
against the dangers arising from ionising radiation allow the national
competent authorities to monitor the movements of these shipments on their
territory. This report provides a first summary
overview of authorisations given in the Community under the Shipment Directive.
The number of authorisations of shipments is relatively small and there is a
clear picture on exports outside the EU. Although the Commissions export
criteria are only published as a Recommendation with no legally binding
character, the alignment of Member State practices with all the criteria will
remain an issue that will also be further addressed in close cooperation with
the advisory committee. In implementing the Waste Directive, Member
States are requested to take concrete decisions for the safe management of
their radioactive waste and spent fuel. This will also certainly have an impact
on the shipments within, into and out of the EU. Future reporting will then
provide information on the evolution of shipments of radioactive waste and
spent fuel. Finally, no accidents leading to a release
of radioactive substances to the environment and involving national or
transboundary movements of radioactive waste or spent fuel were reported
for the three years covered by this report. [1] OJ L 337, 5.12.2006, p. 21. [2] The 14 Member States which
have nuclear power reactors in operation are Belgium, Bulgaria, Czech Republic, Finland, France, Germany, Hungary, the Netherlands, Romania, Slovakia, Slovenia, Spain, Sweden and the UK; Italy and Lithuania only have nuclear
power reactors under decommissioning. [3] In particular, Council Directive of 13 May 1996
laying down basic safety standards for the health protection of the general
public and workers against the dangers of ionizing radiation. OJ L 159,
29.6.1996, p. 1. [4] In particular the IAEA Joint Convention on the Safety
of Spent fuel Management and on the Safety of Radioactive Waste Management. [5] Council Directive 92/3/Euratom of 3 February 1992; OJ
L 35, 12.2.1992, p. 24. [6] Council directive 2006/117 EURATOM of 20 November
2006 on the supervision and control of shipments of radioactive waste and spent
fuel. [7] Council Directive 2011/70/Euratom of 19 July 2011
establishing a Community framework for the responsible and safe management of
spent fuel and radioactive waste. OJ L 199, 2.8.2011, p. 48. [8] Holder means any natural or legal person who, before
carrying out a shipment of radioactive waste or spent fuel is responsible under
the applicable national law for such materials and plans to carry out a
shipment to a consignee; [9] OJ L 107, 17.4.2008, p. 32 [10] OJEU L 343, 23 December 2011, pp. 149. [11] OJ L 177, 8.7.2009, p. 5 [12] Naturally Occurring Radioactive Materials (NORM) [13] Directive 2006/21/EC of the European Parliament and of
the Council of 15 March 2006. [14] It has to be noted that some authorisations are given
for several shipments to be carried out over a time period that may exceed the
current reporting period. [15] OJ L 338, 17.12.2008, p. 69