(1)

Article 2(b) of the Treaty provides for the establishment of uniform safety standards to protect the health of workers and of the general public.

(1)

Article 2(b) of the Euratom Treaty provides for the establishment of uniform safety standards to protect the health of workers and of the general public.

(2)

Article 30 of the Treaty provides for the establishment of basic standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiations.

(2)

Article 30 of the Euratom Treaty provides for the establishment of basic standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiations.

(3)

Article 37 of the Treaty requires Member States to provide the Commission with general data relating to any plan for the disposal of radioactive waste.

(3)

Article 37 of the Euratom Treaty requires Member States to provide the Commission with general data relating to any plan for the disposal of radioactive waste.

(3a)

Council Directive 89/391/EEC of 12 June 1989 (1) provides for the introduction of measures to encourage improvements in the safety and health of workers at work.

(4)

Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation  (2) applies to all practices which involve a risk from ionizing radiation emanating from an artificial source or from a natural radiation source in cases where natural radionuclides are or have been processed in view of their radioactive, fissile or fertile properties. It also covers the authorised releases of materials that originate from such practices. The provisions of that Directive have been supplemented by more specific legislation.

(4)

Council Directive 96/29/Euratom of 13 May 1996 (3) lays down the basic safety standards. That Directive applies to all practices which involve a risk from ionizing radiation emanating from an artificial source or from a natural radiation source in cases where natural radionuclides are or have been processed in view of their radioactive, fissile or fertile properties. It also covers the authorised releases of materials that originate from such practices. The provisions of that Directive have been supplemented by more specific legislation.

(4a)

Since neither the Euratom Treaty nor the TFEU provide Parliament with co-decision powers in relation to nuclear matters, it is crucial that a new legal base be found for any future legislation in the nuclear field.

(15a)

The three former EU candidate countries, Lithuania, Slovakia and Bulgaria, operated old Soviet-designed nuclear power plants which could not be economically upgraded to meet EU safety standards; consequently, those plants were shut down and subsequently decommissioned.

(15b)

The decommissioning of the nuclear power plants of those three Member States imposed a significant financial and economical burden on them which they could not bear in full, and the Union therefore provided financial resources to those Member States, which were intended to cover part of the cost of decommissioning and waste projects and to offset the economic consequences.

(18)

In 2006 the IAEA updated its entire corpus of standards and published the Fundamental Safety Principles37, which were jointly sponsored by Euratom, OECD/NEA and other international organisations. As stated by the Joint Sponsoring Organisations, applying the Fundamental Safety Principles will facilitate the application of international safety standards and will make for greater consistency between the arrangements of different States. It is therefore desirable that all States adhere to and advocate these principles. The principles will be binding on the IAEA in relations to its operation and on States in relation to operation assisted by IAEA. States or sponsoring organisations may adopt the principles, at their own discretion, for application to their own activities.

(18)

In 2006 the IAEA updated its entire corpus of standards and published the Fundamental Safety Principles37, which were jointly developed by Euratom, OECD/NEA and other international organisations. As stated by the Joint Sponsoring Organisations, applying the Fundamental Safety Principles will facilitate the application of international safety standards and will make for greater consistency between the arrangements of different States. It is therefore desirable that all States adhere to and advocate these principles. The principles will be binding on the IAEA in relations to its operation and on States in relation to operation assisted by IAEA. States or sponsoring organisations may adopt the principles, at their own discretion, for application to their own activities.

(19a)

The Aarhus Convention of 25 June 1998 on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters grants rights to the public and imposes on the parties thereto, and on public authorities, obligations regarding access to information and public participation and access to justice in environmental matters, which include the management of spent fuel and radioactive waste.

(19b)

The International Labour Organization has adopted a Convention (4) and a Recommendation (5) on Radiation Protection, applicable to all activities involving exposure of workers to ionising radiation in the course of work, and requires appropriate steps to be taken to ensure the effective protection of workers in the light of current knowledge.

(22a)

The European Parliament has also stated that, in all Member States, all nuclear undertakings should have sufficient financial resources available to cover all the costs of decommissioning, including waste management, in order to uphold the ‘polluter pays’ principle and to avoid any recourse to State aid, and has called on the Commission to draw up precise definitions concerning the use of financial resources earmarked for decommissioning in each Member State, taking into account decommissioning as well as the management, conditioning and final disposal of the resultant radioactive waste (6).

(23)

There is a growing recognition in the Union as well as worldwide of the need for a responsible use of nuclear energy, covering in particular nuclear safety and security. In this context the issue of spent fuel and radioactive waste management needs to be addressed in order to ensure a safe, optimised and sustainable use of nuclear energy .

(23)

There is a growing recognition in the Union as well as worldwide , especially following the recent serious nuclear accident in Japan, of the need to strengthen the rules regarding nuclear safety and security. In this context the momentous issue of spent fuel and radioactive waste management needs to be addressed in order to ensure safe, optimised and sustainable storage and/or disposal .

(23a)

It should be stressed in this connection that a large proportion of spent fuel material is recoverable. The recycling of spent fuel is therefore an aspect that needs to be taken into account, together with the disposal of final waste.

(25)

The operation of nuclear reactors also generates spent fuel. Each Member State may define its fuel cycle policy considering spent fuel as a valuable resource that may be reprocessed, or deciding to dispose of it as waste. Whatever option is chosen, the disposal of high level waste, separated at reprocessing, or of spent fuel regarded as waste should be considered.

(25)

The operation of nuclear reactors also generates spent fuel. Each Member State may define its fuel cycle policy considering spent fuel as a valuable resource that may be reprocessed and recycled , or deciding to dispose of it as waste. Whatever option is chosen, the disposal of high level waste, separated at reprocessing, or of spent fuel regarded as waste, should be considered.

(25a)

Spent fuels stored in pools represent an additional potential source of radioactivity in the environment, in particular if the cooling pools are not covered anymore.

(27)

Radioactive waste, including spent fuel considered as waste, requires containment and isolation from humans and the living environment over the long term. Its specific nature (content of radionuclides) requires arrangements to protect human health and the environment against dangers arising from ionizing radiation, including disposal in appropriate facilities as the end point of its management. The storage of radioactive waste, including long-term storage, is an interim solution but not an alternative to disposal .

(27)

Radioactive waste, including spent fuel considered as waste, requires appropriate conditioning, containment and isolation from humans and the living environment over the long term. Its specific nature (content of radionuclides) requires arrangements to protect human health and the environment against dangers arising from ionizing radiation, including disposal in appropriate facilities as the end point of its management , with the option of retrievability based on the reversibility principle . The storage of radioactive waste, including long-term storage, is an interim solution.

(27a)

The hazards of radioactive waste disposal were made evident by the Fukushima accident and similar accidents could occur in existing or future nuclear installations in areas of the Union and its neighbouring countries at high seismic and tsunami risk, such as in Akkuyu in Turkey. The Union should take all appropriate measures to prevent radioactive waste disposal in such areas.

(28)

A national radioactive waste classification scheme should support these arrangements taking fully into account the specific types and properties of radioactive waste. The precise criteria according to which waste is assigned to a particular waste class will depend on the specific situation in the State in relation to the nature of the waste and the disposal options available or under consideration.

(28)

A national radioactive waste classification scheme should support these arrangements taking fully into account the specific types and properties of radioactive waste. The precise criteria according to which waste is assigned to a particular waste class will depend on the specific situation in the State in relation to the nature of the waste and the disposal options available or under consideration. To facilitate communication and exchanges of information between Member States, and to provide for transparency, a classification scheme should be described in detail in the national programme.

(29)

The typical disposal concept for short lived low and intermediate level waste is near surface disposal. Following 30 years of research, it is broadly accepted at the technical level that deep geological disposal represents the safest and most sustainable option as the end point of the management of high level waste and spent fuel considered as waste . Thus moving towards implementation of disposal should be pursued.

(29)

Disposal concepts for short-lived low and intermediate level waste vary from near surface disposal (in buildings, shallow burial or burial down to a few tens of metres below the surface) to state-of-the-art disposal in geological repositories 70 to 100 metres underground . Nearly all long-lived low and intermediate level radioactive waste is stored. Following 30 years of research, the feasibility of deep geological disposal has been demonstrated at scientific level, and this could represent a safe and economic option as the end point of the management of high level radioactive waste. The activities conducted under the ‘Implementing Geological Disposal of Radioactive Waste Technology Platform’ (IGD-TP) could facilitate access to expertise and technology in this respect. Various other options are also under investigation, such as engineered storage facilities on or near-surface, dry-rock disposition or disposal in deep bore-holes (3 000 to 5 000 metres deep), including possible reversibility and retrievability. Thus , further research into all the options should be pursued.

(29a)

In view of the research into the disposal of radioactive waste by transmutation or other means of reducing its radioactivity and half-life, longer-term reversible storage of radioactive waste in deep geological formations should also be considered.

(30)

Although each Member State is responsible for its own policy on spent fuel and radioactive waste management, that policy should respect the relevant fundamental safety principles set by the IAEA. It is an ethical obligation of each Member State to avoid any undue burden on future generations in respect of the existing spent fuel and radioactive waste, as well as those expected from decommissioning of existing nuclear installations.

(30)

Although each Member State is responsible for its own policy on spent fuel and radioactive waste management, that policy should not only respect the relevant fundamental safety principles set by the IAEA but should also impose the highest safety standards reflecting state-of-the-art practices at regulatory and operational level and best available technology (BAT) . It is an ethical obligation of each Member State to avoid any undue burden on future generations in respect of the historical and existing spent fuel and radioactive waste, as well as those expected from decommissioning of existing nuclear installations. Member States should therefore establish a decommissioning policy which guarantees the dismantling of facilities in the safest manner as early as possible after their closure.

(31)

For the responsible management of spent fuel and radioactive waste, each Member State should establish a national framework which assures political commitments and stepwise decision making implemented through adequate legislation, regulation and organisation with a clear allocation of responsibilities.

(31)

For the responsible management of spent fuel and radioactive waste, each Member State should establish a national framework which guarantees political commitments and stepwise decision making in keeping with the Aarhus Convention, implemented through adequate legislation, regulation and organisation with a clear allocation of responsibilities.

(32a)

Member States should ensure that sufficient funding is available for the management and storage of spent fuel and radioactive waste.

(32b)

Further funds need to be allocated for energy projects, including the possibility of future decommissioning projects and, consequently, waste management projects.

(33)

A national programme should be established to ensure the transposition of the political decisions into clear provisions for the timely implementation of all steps of spent fuel and radioactive waste management from generation to disposal. This should include all activities that relate to handling, pre-treatment, treatment, conditioning, storage, and disposal of radioactive waste. The national programme may be a reference document or a set of documents.

(33)

A national programme should be established to ensure the transposition of the political decisions into clear provisions for the timely implementation of all steps of spent fuel and radioactive waste management from generation to disposal. This should include all activities that relate to handling, pre-treatment, treatment, conditioning, storage, and disposal of radioactive waste and spent fuel, and should comply with the principles laid down in the Aarhus Convention . The national programme may be a reference document or a set of documents.

(34a)

Throughout the entire chain of spent fuel and radioactive waste management, workers need to be protected and covered by health and safety legislation, regardless of their activity or status, and the long-term effects on the health and safety of workers need to be considered in any management instrument for spent fuel and radioactive waste. Union legislation, and that of Member States, relating to health and safety at work also applies to workers involved in the management of spent fuel and radioactive waste, and non-compliance with such legislation must entail immediate and severe sanctions.

(35)

Transparency is important in the management of spent fuel and radioactive waste. It should be provided by requiring effective public information and opportunities for all concerned stakeholders to participate in the decision-making processes.

(35)

Transparency is important in the management of spent fuel and radioactive waste , and it is crucial that there be public confidence in the principles governing the safety of repositories and in waste management programmes . It should be provided by ensuring effective public information and opportunities for all concerned stakeholders , local and regional authorities and the public to participate in the decision-making processes.

(36)

Cooperation between Member States and at an international level could facilitate and accelerate decision-making through access to expertise and technology.

(36)

Cooperation between Member States and at an international level could facilitate and accelerate decision-making through access to high-quality expertise and technology , as well as best practice .

(37)

Some Member States consider that the sharing of facilities for spent fuel and radioactive waste management, including disposal facilities, is a potentially beneficial option when based on an agreement between Member States concerned .

(37)

Some Member States consider that the sharing of facilities for spent fuel and radioactive waste management, including disposal facilities, is a potentially beneficial, safe and cost-effective option when based on an agreement between the countries involved . In this connection, it is important not to hamper specific arrangements such as pre-existing agreements on spent fuel derived from research reactors. This Directive should properly define the necessary conditions to be met before such joint projects are launched.

(39)

The safety case and the graded approach should provide a basis for decisions related to the development, operation and closure of a disposal facility and should allow the identification of areas of uncertainty on which attention needs to be focused to further improve the understanding of those aspects influencing the safety of the disposal system, including natural (geological) and engineered barriers, and its expected development over the time. The safety case should include the findings of the safety assessment and information on the robustness and reliability of the safety assessment and the assumptions made therein. It should therefore provide the collection of arguments and evidence in support of the safety of a facility or activity related to the management of spent fuel and radioactive waste.

(39)

The safety case and the graded approach should provide a basis for decisions related to the development, operation and closure of a disposal facility and should allow the identification of areas of uncertainty on which attention needs to be focused to further improve the understanding of those aspects influencing the safety of the disposal system, including natural (geological) and engineered barriers, and its expected development over the time. The safety case should include the findings of the safety assessment and information on the robustness and reliability of the safety assessment and the assumptions made therein. The demonstration of safety should therefore be based on the collection of arguments and evidence in support of the safety of a facility or activity related to the management of spent fuel and radioactive waste.

(40)

While recognizing that all hazards associated with spent fuel and radioactive waste should be taken into account in the national framework, this Directive does not cover non radiological hazards, which fall under the Treaty on the Functioning of the European Union.

(40)

While recognizing that all hazards associated with spent fuel and radioactive waste should be taken into account in the national framework, this Directive does not cover non radiological hazards with non-radiological consequences , which fall under the Treaty on the Functioning of the European Union.

(41)

Maintaining and further developing competences and skills in the management of spent fuel and radioactive waste, as an essential element to ensure high levels of safety, should be based on a combination of learning through operational experience, scientific research and technological development, and technical cooperation between all actors.

(41)

Maintaining and further developing competences and skills in the management of spent fuel and radioactive waste, as an essential element to ensure high levels of health and environment protection, safety and transparency , should be based on a combination of learning through operational experience, scientific research and technological development, and technical cooperation between all actors.

(42a)

In this respect, the European Nuclear Safety Regulators Group (ENSREG) could make a valuable contribution towards a uniform implementation of this Directive, thereby facilitating consultation, exchange of good practice and cooperation between national regulatory authorities.

(42b)

This Directive could be a useful instrument to be taken into account when verifying that projects receiving Union funding in the context of Euratom financial or technical assistance for spent fuel and radioactive waste management facilities or activities include the measures needed to ensure that spent fuel and radioactive waste are safely managed.

(a)

all stages of spent fuel management when the spent fuel results from the operation of civilian nuclear reactors or is managed within civilian activities;

(a)

all stages of spent fuel management when the spent fuel results from the operation of civilian nuclear reactors or is managed within civilian activities on EU territory , including the spent fuel originating from military defence programmes if and when such spent fuel is permanently transferred to and managed in the context of exclusively civilian activities ;

(b)

all stages of radioactive waste management, from generation up to disposal, when the radioactive waste results from civilian activities or is managed within civilian activities;

(b)

all stages of radioactive waste management, from generation up to and including disposal, when the radioactive waste results from civilian activities or is managed within civilian activities on EU territory ;

(-1)

‘authorised releases’ means planned and controlled releases of gaseous or liquid radioactive material into the environment that originates from regulated nuclear facilities or activities during normal operation, within limits authorised by the competent regulatory authority and in accordance with the principles and limits of Directive 96/29/Euratom;

(3)

‧disposal‧ means the emplacement of spent fuel or radioactive waste in an authorised facility with no intention of retrieval ;

(3)

‧disposal‧ means the emplacement of spent fuel or radioactive waste in a potentially definitive manner in an authorised facility with due regard for the reversibility principle ;

(6)

‘radioactive waste’ means radioactive material in gaseous, liquid or solid form for which no further use is foreseen by the Member State or by a natural or legal person whose decision is accepted by the Member State , and which is controlled as radioactive waste by a competent regulatory authority under the legislative and regulatory framework of the Member State;

(6)

‘radioactive waste’ means radioactive material in gaseous, liquid or solid form , including spent fuel and radioactive material originating from reprocessing, reduced to the minimum volume that is technologically possible, for which no further use is contemplated or envisaged, taking account of future technological developments and progress, by the Member State or by a natural or legal person whose decision is accepted by the Member State, and which is controlled as radioactive waste by a competent regulatory authority under the legislative and regulatory framework of the Member State;

(9a)

‘site’ means a geographical area that contains an authorised facility, including a spent fuel or radioactive waste disposal facility, or an authorised activity;

(9b)

‘safety assessment’ means the systematic process that is carried out throughout the design process to ensure that all the relevant safety requirements are met by the proposed design, and includes, but is not limited to, the formal safety analysis;

(9c)

‘safety case’ means a collection of arguments and evidence in support of the safety of a facility or activity which includes the findings of a safety assessment and a statement of confidence in those findings. For a disposal facility, the safety case may relate to a given stage of development. In such cases, the safety case should acknowledge the existence of areas of uncertainty or of any unresolved issues and should provide guidance for work to resolve those issues in future development stages;

(13)

‧storage‧ means the holding of spent fuel or of radioactive waste in an authorised facility with the intention of retrieval .

(13)

‧storage‧ means the temporary holding of spent fuel or of radioactive waste in an authorised facility pending its retrieval ;

(a)

the generation of radioactive waste is kept to the minimum practicable, in terms of both activity and volume, by means of appropriate design measures and of operating and decommissioning practices, including recycle and reuse of conventional materials;

(a)

the generation of radioactive waste is kept to the minimum practicable, respecting the ‘as low as reasonably achievable’ (ALARA) principle, in terms of both activity and volume, by means of appropriate design measures and of operating and decommissioning practices, including reprocessing and reuse of materials;

(d)

spent fuel and radioactive waste are safely managed , including in the long term .

(d)

spent fuel and radioactive waste are safely managed for as long as they are hazardous to people and the environment;

(da)

exposure of workers, the public and the environment to spent fuel and radioactive waste is avoided.

(db)

measures are taken to cover the future health and environmental risks for exposed workers and the general public;

(dc)

the costs of managing radioactive waste, including spent fuels, are borne by those who have generated such waste;

(dd)

the financial reserves which the originators of the waste have to provide so as to cover all the costs arising from the management of spent fuels und radioactive waste are administered in a State-controlled fund, in order to ensure that they are available for use in connection with permanent safe disposal;

(de)

competent national bodies are involved in supervising the availability of adequate financial resources;

(df)

national parliaments are involved in supervising the availability of adequate financial resources.

(a)

public acceptance and support in all the Member States concerned shall be continuously nurtured throughout all phases of the project development and the lifetime of the disposal by ensuring that the public has access to information and that the public is able to participate in the consultation process;

(b)

cooperation between, and supervision by, the competent regulatory bodies and national safety authorities shall be ensured; the safety case and supporting safety assessments shall be conducted in each of the Member States concerned, covering the exploratory, selection and implementation phases of the facility;

(c)

agreement shall be reached on liability issues and a clear allocation of responsibilities, with each Member State bearing the ultimate responsibility for its own radioactive waste;

(d)

financial arrangements shall be agreed guaranteeing that funds are secured for the lifetime of the disposal facility and the period following its closure, and that adequate human resources are available ensuring a sufficient number of properly qualified staff;

(e)

prior notification shall be given, in the national programmes of the Member States concerned, of the legal framework, organisational structure and technical schemes and arrangements, demonstrating that, within a clear timeframe, the planned disposal satisfies the requirements laid down by this Directive.

(a)

a national programme for implementation of the policy on spent fuel and radioactive waste management;

(a)

a national programme , respecting subsidiarity, for implementation of the policy on spent fuel and radioactive waste management which ensures that all radioactive waste producers have access to safe disposal of radioactive waste under the same conditions ;

(ba)

national requirements for the health and safety, education and training of workers;

(c)

a system of licensing of spent fuel and radioactive waste management activities and facilities, including prohibition of the operation of a spent fuel or radioactive waste management facility without a licence;

(c)

a system of licensing of spent fuel and radioactive waste management activities and facilities, including prohibition of the operation of a spent fuel or radioactive waste management facility without a licence , and ensuring that all radioactive waste, regardless of who produces it, is managed on a non-discriminatory basis ;

(d)

a system of appropriate institutional control, regulatory inspections, documentation and reporting;

(d)

a system of appropriate institutional control, regulatory inspections, documentation and reporting , as well as the requisite training for the workers involved in the whole process, in order to secure and maintain their occupational safety and health ;

(ea)

measures to guarantee adequate financial resources in the long term for activities and facilities relating to spent fuel and radioactive waste management;

(fa)

measures to ensure that the funding required for the management of spent fuel and radioactive waste and for emplacement is set by the competent regulatory authority on the basis of a transparent process which is regularly reviewed and in which all interested stakeholders are regularly consulted;

(fb)

a calculation of all the costs generated by spent fuel and radioactive waste management. The information provided in that regard must specify, inter alia, the institutions bearing those costs.

(1a)

Member States shall ensure that their regulatory authorities are subject to democratic control.

(a)

an assessment of the costs related to the waste management strategies is properly conducted, in particular an assessment of the costs related to the implementation of long-term management solutions for low, intermediate and high-level long-lived radioactive waste, depending on its nature. Those costs shall include, in particular, the costs of decommissioning nuclear installations and, as regards radioactive waste management facilities, the costs of their final closure, maintenance and monitoring;

(b)

reserves are established to cover the costs referred to in point (a) and the necessary assets are earmarked for the exclusive coverage of those reserves;

(c)

appropriate monitoring of the adequacy of the reserves and the management of the assets to cover the costs referred to in point (a) is in place so as to ensure periodical adjustment.

(a)

the public is informed, whether by public notices or other appropriate means such as electronic media where available, about any proposals for such programmes or for their modification or review, and that relevant information about such proposals is made available to the public including, inter alia, information about the right to participate in decision-making and about the competent authority to which comments or questions may be submitted;

(b)

members of the public are entitled to express comments and opinions when all options are open before decisions on the programmes are made;

(c)

for the purposes of making those decisions, due account is taken of the results of the public participation;

(d)

having examined the comments and opinions expressed by the public, the competent authority makes reasonable efforts to inform the public about the decisions taken and the reasons and considerations upon which those decisions are based, including information about the public participation process.

(-1)

an integrated, detailed scheme for the classification of radioactive waste which covers all radioactive waste management steps from the generation of radioactive waste to its disposal;

(1)

an inventory of all spent fuel and radioactive waste and previsions of future quantities, including those from decommissioning. The inventory shall clearly indicate the location and amount of the material and , through appropriate classification, the level of hazard;

(1)

on the basis of the classification scheme referred to in point (-1), an inventory of all spent fuel and radioactive waste and forecasts of future quantities, including those from decommissioning. The inventory shall clearly indicate the location and amount of the material and the level of hazard , as well as the origin of the waste ;

(2)

concepts, plans and technical solutions from generation to disposal;

(2)

concepts, plans and technical solutions from generation to storage or disposal . High priority shall be given to historical radioactive waste and spent fuel in intermediate storage pools ;

(3)

concepts and plans for the post-closure period of a disposal facility, including time over which institutional controls are retained and the means to be employed to preserve knowledge of the facility in the longer term;

(3)

concepts and plans for the post-closure period of a disposal facility, including time over which institutional controls are retained and the means to be employed to ensure monitoring and maintenance of the facility and to preserve knowledge of the facility in the longer term;

(7a)

a description of the assessment of the costs referred to in point (a) of Article 10(1a) and of the methods applied for the calculation of the corresponding reserves;

(8)

description of the financing scheme(s) in force to ensure all programme costs can be met according to the foreseen schedule .

(8)

a description of the choices related to the composition and management of the assets earmarked pursuant to point (b) of Article 10(1a) and of the financing scheme(s) in force to ensure that all programme costs can be met according to the foreseen schedule and strictly following the ‘polluter-pays’ principle;

(8a)

a binding and verifiable time-frame for the implementation of national programmes and compliance with the requirements set out in points (1) to (8) above;

(8b)

education and vocational training plans to maintain and develop the expertise and skills necessary for the management of spent fuel and radioactive waste.