Post on 22-Dec-2015
International Atomic Energy Agency
THE EU DIRECTIVES RELATED TO RADIOACTIVE WASTE AND SPENT NUCLEAR FUEL
Interregional Training Course on Technical Requirements to Fulfil National Obligations in Terms of International Legal Instruments (Joint
Convention, Code of Conduct and EU Directives) for the Safe Management of DSRS
Tunis, Tunisia16 - 20 February 2015
International Atomic Energy Agency
Outline
• OVERVIEW• EU DIRECTIVES ON SPENT FUEL AND
RADIOACTIVE WASTE• 2006/117• 2011/70
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Overview
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The European Communities
Three founding Treaties, establishing:
• European Coal and Steel Community (1951)
• European Economic Community (1957)
• European Atomic Energy Community (1957)
Treaty on the Atomic Energy Community:
the Euratom Treaty
(25 March, 1957, Rome, Italy)
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EURATOM TREATY
• Speedy establishment and growth of the nuclear industries (Art 1)
• Health and safety, through research , uniform standards for protection of workers and public, etc. other measures (Art 2)
• Basic safety standards (Art.30)
• Dangerous experiments (Art 34) on additional measures requiring EC opinion
• MS monitoring of air, water and soil and Commission right for verifications (Art 35)
Overview
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EURATOM
• MS obligation to communicate the info (Art 35) on environmental monitoring (Art 36)
• Submissions of plans for the disposal of radioactive waste (Art 37)
• EC recommendations on level of radioactivity in the air, water and soil (Art 38)
• Collection and analysis of data and international monitoring arrangements (Art 39)
• ECURIE, EURDEP, ENSEMBLE, etc.
Overview
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EURATOM Legal Instruments
• The institutions adopt regulations, directives, decisions, recommendations and opinions
• Legislative procedures:
• Ordinary procedure – on a proposal from the Commission joint adoption of the Council and European Parliament
• Special procedure – adoption of the act by Council or Parliament
Overview
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Basic Safety Standards (Art 30-33 Euratom)
Medical
•Directive 97/43 public protection against med exposure
Outside workers
•Directive 90/641 protection in controlled areas
HASS
•Council Directive 2003/122 on high activity sources and orphan sources
Public
•Council Directive 89/618 info during emergency
•Recommendation on Rn in drinking water 2001/928
•Recommendation 90/143 indoor exposure of Rn
Emergency
•Council Decision 87/600 on early exchange of information
•Council Regulation 944/89 on foodstuffs contamination
•Council Regulation 87/3954 on foodstuffs and feedstuffs
RAW
•Directive 2006/117 RAW and SF shipment•Directive 2011/70 on RAW and SF safety•Council Regulation 93/1493 on shipment of RA material
Nuclear Safety
•Directive 2009/71 on nuclear safety of NI
Also of importance:
• EIA Directive (Directive 85/337/EEC, as amended by Directives 97/11/EC and 2003/35/EC)
• Commission Decision 2005/510 on EURATOM accession to the Joint Convention
• Commission Decision 1999/819 on EURATOM accession to the Nuclear Safety Convention
Directive 96/29 (now 2013/59)
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• Scope
• System for control and prior authorisation
• Radioactive waste (RAW) and Spent Fuel (SF)
• Compulsory common system for notification and standard documentation
• Supersedes EC Directive 92/3
• Does not apply to shipments of:
• Sources being returned to a supplier, manufacturer or authorised installation
• Radioactive substances recovered through reprocessing and destined for a different use
• Natural radioactive substances which do not result from treatment
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Directive 2006/117 – Transfrontier Shipments
EU Regulations and Directives
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EU Regulations and Directives
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• Application by the Holder in the Country of Origin
• (Import to EU) the Consignee submits this application to CA in Country of Destination (MS); CA agrees in Country of Origin and measures for return
• (Export from EU) – Holder submits a request to CA; CA shall contact the CAs in the Countries of Destination and Transit
• Shipment only after approval received by Country(ies) of Destination or Transit
• For EU more stringent criteria than the national law for similar shipments cannot be made
EC Recommendation 2008/956/Euratom - Criteria to be applied
Directive 2006/117
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EU Regulations and Directives
• Prohibits export to
• a destination of latitude 60 south
• African, Caribbean countries (Cotonou agreement)
• a third country which does not have the resources to manage the radioactive waste safely
• If the conditions are not met or the shipment cannot be completed a CA may decide that the radioactive waste must be returned to the holder if no safe alternative can be found
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Directive 2006/117
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• Standard document is used - Commission Decision of 5 March 2008 – 2008(312) establishing the standard document
• EC to report regularly
• to Council, the European Parliament and the European Economic and Social Committee
• based on the Member States' reports
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Directive 2006/117
EU Regulations and Directives
International Atomic Energy Agency
EU Regulations and Directives
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• Scope • spent fuel management when the spent fuel results from
civilian activities radioactive waste management,
• from generation to disposal, when the radioactive waste results from civilian activities
• Out of the scope • military waste
• non-radiological aspects
• waste from extractive industries
• authorised releases
Directive 2011/70 – Establishing a Community Framework for responsible and safe SF and RAW Management
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EU Regulations and Directives
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• Article 4 - General principles
Waste minimisation, reuse and recycling
Safe management with passive safety over long term
Polluter pays
Evidence based and documented processes
Disposal in State where generated, unless
Third party state is party to JC
Safety equivalent to this Directive
Satisfactory disposal facility already in operation
Directive 2011/70
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EU Regulations and Directives
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• Article 5 – National Framework
• SF and all RAW
• National Programme
• Licensing system
• Appropriate regulation and enforcement
• Allocation of responsibilities
• Public information and participation
• Financing schemes
P• Policy
L
• Legal and regulatory framework
N • National Programme
I• Implementation
Directive 2011/70
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EU Regulations and Directives
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• Article 6 - Regulatory Body
• Independent and competent
• Legal powers
• Human and financial resources, etc.
• Article 7 – Licence holders
• Prime responsibility for safety
• Continuous improvement
• Safety demonstration of all stages
• Accident prevention and mitigation
• IMS, Financial and human resources
Directive 2011/70
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EU Regulations and Directives
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• Article 8 – Skills and expertise
• Arrangements for education and training
• Research and development
• Article 9 – Financial resources
• Finance to be available when required
• Article 10 – Transparency
• Necessary information to workers and public
• Public participation in decision making processes
Directive 2011/70
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EU Regulations and Directives
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• Article 11/12: National Programmes and content
• National programme in place and regularly reviewed and updated
• Significant milestones and clear timeframes
• Inventory
• Plans and technical solutions
• Responsibility for implementation and KPIs
• Financing
• Transparency
• Third country agreements
• In one or more documents
Directive 2011/70
International Atomic Energy Agency
EU Regulations and Directives
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Article 13 – Notification
• EC notified of national programme and subsequent changes
Article 14 – Reporting
•To EC every 3 years starting 23 Aug 2015
•Progress
•Inventory
•Self assessments at least every 10 years
•International peer review
Directive 2011/70
International Atomic Energy Agency
References
• Legislation • http://europa.eu/legislation_summaries/energy/
nuclear_energy/index_en.htm
• DG ENER (nuclear section)• http://ec.europa.eu/energy/nuclear/index_en.htm
• INSC Instrument• http://ec.europa.eu/europeaid/how/finance/nsci_en.htm
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