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THE EU DIRECTIVES RELATED TO RADIOACTIVE WASTE AND SPENT NUCLEAR FUEL Interregional Training Course on Technical Requirements to Fulfil National Obligations.

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Presentation on theme: "THE EU DIRECTIVES RELATED TO RADIOACTIVE WASTE AND SPENT NUCLEAR FUEL Interregional Training Course on Technical Requirements to Fulfil National Obligations."— Presentation transcript:

1 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, Tunisia February 2015

2 Outline OVERVIEW EU DIRECTIVES ON SPENT FUEL AND RADIOACTIVE WASTE
2006/117 2011/70

3 Overview The European Communities
Three founding Treaties, establishing: The European Communities 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)

4 Overview 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) Art 2 EURATOM I) Promotion of research II) Dissemination of information III) Health and safety IV) Investment V) Joint undertaking VI) Supplies VII) Safeguards VIII) Property ownership IX) Nuclear Common Market X) External Relations

5 Overview 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. ECURIE = European Community Urgent Radiological Information Exchange EURDEP = EUropean Radiological Data Exchange Platform ENSEMBLE = The JRC Platform for Model Evaluation and Ensemble Analysis of Atmospheric Chemistry Transport and Dispersion Models

6 EURATOM Legal Instruments
Overview 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

7 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 Basic Safety Standards (Art Euratom) Directive 96/29 (now 2013/59) The following acts are based on art.31 from Euratom Treaty: Council Directive 97/43/Euratom of 30 June 1997 on health protection of the individuals against the dangers of ionising radiation in relation to medical exposure, repealing 84/466/Euratom of 3 September 1984 (Medical Directive); Council Directive 90/641/Euratom of 4 December 1990 on the operational protection of outside workers exposed to the risk of ionising radiation during their activities in controlled areas (Outside Workers Directive); Council Directive 2003/122/Euratom of 22 December 2003 on the control of high-activity sources and orphan sources (HASS Directive); Council Directive 89/618/Euratom of 27 November 1989 on informing the general public about health protection measures to be applied and steps to be taken in the event of a radiological emergency (Public Information Directive); Council Decision 87/600/Euratom of 14 December 1987 on Community arrangements for early exchange of information in the event of a radiological emergency; Council Regulation 87/3954/Euratom of 22 December 1987 laying down maximum permitted levels of radioactive contamination of foodstuffs and of feedingstuffs following a nuclear accident or any other case of radiological emergency and the related legislative acts - Commission Regulation 944/89/Euratom of 12 April 1989 laying down maximum permitted levels of radioactive contamination in minor foodstuffs following a nuclear accident or any other case of radiological emergency,  Commission Regulation 770/90/Euratom of 29 March 1990 laying down maximum permitted levels of radioactive contamination of feedingstuffs following a nuclear accident or any other case of radiological emergency These acts are subject to recast - Proposal for a Council Regulation (EURATOM) laying down maximum permitted levels of radioactive contamination of foodstuffs and of feeding stuffs following a nuclear accident or any other case of radiological emergency (Recast) COM/2010/0184 final - CNS 2010/0098; Council Regulation 93/1493 of 8 June 1993 on shipments of radioactive substances between Member States; Commission Recommendation 2001/928/Euratom of 20 December 2001 on the protection of the public against exposure to radon in drinking water supplies; Council Directive 2006/117 of 20 November 2006 on the supervision and control of shipments of radioactive waste and spent fuel; Commission Recommendation 90/143 of 21 February 1990 on the protection of the public against indoor exposure to radon; Council Directive 2009/71/Euratom of 25 June 2009 establishing a Community framework for the nuclear safety of nuclear installations. 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 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

8 EU Regulations and Directives
Directive 2006/117 – Transfrontier Shipments 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 Council Directive 2006/117/EURATOM of 20 November 2006 on the supervision and control of shipments of radioactive waste and spent fuel Council Directive 92/3/Euratom of 3 February 1992 on the supervision and control of shipments of radioactive waste between Member States and into and out of the Community

9 EU Regulations and Directives
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 CA=Competent Authority COMMISSION RECOMMENDATION of 4 December 2008 on criteria for the export of radioactive waste and spent fuel to third countries (notified under document number C(2008) 7570) (2008/956/Euratom) such as radiation protection measures, independent regulatory body, clear responsibilities between regulatory authorities, EC Recommendation 2008/956/Euratom - Criteria to be applied

10 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 Cotonou Agreement - The "Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part and the European Community and its Member States of the other part" was signed on 23 June 2000 in Cotonou, Bénin – hence the name " ACP-EC Partnership Agreement" or "Cotonou Agreement". It was concluded for a twenty-year period from March 2000 to February 2020, and entered into force in April It was for the first time revised in June 2005, with the revision entering into force on 1 July A second revision of the Agreement was agreed on 11th March 2010 (see

11 EU Regulations and Directives
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 COMMISSION DECISION of 5 March 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 (notified under document number C(2008) 793), 2008/312/EURATOM

12 EU Regulations and Directives
Directive 2011/70 – Establishing a Community Framework for responsible and safe SF and RAW Management 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

13 EU Regulations and Directives
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

14 EU Regulations and Directives
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

15 EU Regulations and Directives
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 IMS = Integrated Management System

16 EU Regulations and Directives
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 IMS = Integrated Management System

17 EU Regulations and Directives
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

18 EU Regulations and Directives
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 HLW = High level waste MSs= Member States

19 References Legislation
DG ENER (nuclear section) INSC Instrument

20


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