Emergency preparedness and response provisions of the new EU Basic Safety Standards Vesa Tanner European Commission Directorate-General Energy Directorate D – Nuclear Energy, Safety and ITER

The European Communities Three Treaties establishing: European Coal and Steel Community (1951) European Economic Community (1957) European Atomic Energy Community (1957) Legal instruments available: Directives Regulations Decisions Recommendations, opinions, communications EU actions concern directly the current 28 EU Member States and the 5 Candidate Countries.

Preparedness for nuclear emergencies Member State legal framework National legislation International Conventions (IAEA) Assistance Convention Early Notification Convention Transposed European Community legislation Non-binding international standards and guidance Bilateral agreements The European Union lays down the legislative framework, but it does not make decisions on protective actions. Responsibility to protect the population and the environment is on each Member State, not Community.

Euratom Basic Safety Standards Directive (EU BSS) The 'new' BSS Directive introduces new radiation protection concepts and combines the following 'old' EU Directives into a single Directive: 'old' Basic Safety Standards, Directive 96/29/Euratom Medical Exposures, Directive 97/43/Euratom Public Information, Directive 89/618/Euratom Outside Workers, Directive 90/641/Euratom Control of high-activity sealed radioactive sources and orphan sources, Directive 2003/122/Euratom Radon, Commission Recommendation 90/143/Euratom

Euratom Basic Safety Standards Directive (EU BSS) EU Council Directive 2013/59/Euratom Published in the EU Official Journal on 17 January 2014 109 Articles, 19 Annexes, 73 pages in total: System of radiation protection Requirements for radiation protection education, training and information Justification and regulatory control of practises Occupational exposures Medical exposures Public exposures General responsibilities of Member States and competent authorities and other requirements for regulatory control

Euratom Basic Safety Standards Directive (EU BSS) The 'new' BSS Directive ensures The protection of workers exposed to ionising radiation, such as workers in the nuclear industry and other industrial applications, medical staff and those working in places with indoor radon or in activities involving naturally occurring radioactive material; The protection of members of the public, for example from radon in buildings; The protection of medical patients, for example by avoiding accidents in radio-diagnosis and radiotherapy; strengthened requirements on emergency preparedness and response, incorporating lessons learnt from the Fukushima accident.

Emergency preparedness and response in the new EU Basic Safety Standards Art. 7 Reference levels (new) Art. 17 Emergency workers Art. 53 Emergency occupational exposure Art. 69 Emergency response Art. 70-71 Information to the public Art. 97 Emergency management system (new) Art. 98 Emergency preparedness Art. 99 International cooperation In addition the emergency provisions include the following annexes: Annex I Reference levels (new) Annex XI Elements of emergency management system and emergency response plan (new) Annex XII Information to the public

Art. 7 Reference levels Reference level is the level of dose or activity concentration above which it is judged inappropriate to allow exposures to occur as a result of that exposure situation, even though it is not a limit that may not be exceeded. Member States shall ensure that reference levels are established. Optimisation of protection shall give priority to exposures above the reference level and shall continue below the reference level. Annex I provides the reference levels for public exposure. The values chosen for reference levels shall depend upon the type of exposure situation. The choices of reference levels shall take into account both radiological protection and societal criteria.

Art. 53 Emergency occupational exposure Art. 17 Emergency workers Art. 53 Emergency occupational exposure Emergency exposures shall remain, whenever possible, below the dose limits laid down for occupational exposure. If not feasible, the following conditions shall apply: Reference level for emergency occupational exposure below 100 mSv. In exceptional situations a reference level may be set above 100 mSv, but not above 500 mSv. Member States shall ensure that emergency workers above 100 mSv are informed in advance of the associated health risks and the available protection measures and undertake these actions voluntarily. Member States shall require radiological monitoring and special medical surveillance of emergency workers.

Art. 69 Emergency response The operator notifies the competent authority of any emergency and takes action to reduce the consequences. The operator makes an assessment of the circumstances and assists with protective measures with regard to: the radiation source (reduce/stop the release); the environment (reduce the exposure to individuals); individuals, (reduce their exposure). In the event of an emergency on or outside its territory, the Member State shall require: the organisation of protective measures; the assessment and recording of the consequences of the emergency and of the effectiveness of the protective measures. The Member State shall, if the situation so requires, ensure that provision is made to organise medical treatment.

Art. 70-71 Information to the public (1) Information to the members of the public likely to be affected in the event of an emergency Members of the public should be given information about the health protection measures and about the action to take in the event of an emergency. The information shall include at least the elements set out in Section A of Annex XII. The information shall be communicated to the members of the public without any request being made. Member States shall ensure that the information is updated and distributed. This information shall be permanently available. Commission Communication 91C 103/03 provides further guidance.

Art. 70-71 Information to the public (2) Information to the members of the public actually affected in the event of an emergency Member States shall ensure that, when an emergency occurs, the members of the public affected are informed without delay about the facts of the emergency; the steps to be taken; the health protection measures applicable. The information provided shall cover those points listed in Section B of Annex XII. Commission Communication 91C 103/03 provides further guidance.

Art. 97 Emergency management system Member States shall take into account that emergencies may occur on their territory and that they may be affected by emergencies occurring outside their territory. Member States shall establish an emergency management system, which shall include the elements listed in Annex XI. The emergency management system shall be commensurate with the results of an assessment of potential emergency exposure situations. The emergency management system shall provide for the establishment of emergency response plans with the objective of avoiding tissue reactions leading to severe deterministic effects and reducing the risk of stochastic effects.

Art. 98 Emergency preparedness Member States shall ensure that emergency response plans are established in advance, as identified by an assessment of potential emergency exposure situations. These plans shall include the elements defined in Annex XI. The emergency response plans shall also include the transition from an emergency exposure situation to an existing exposure situation. Member States shall ensure that emergency response plans are tested, reviewed and revised at regular intervals, taking into account lessons learned. The emergency response plans shall, where appropriate, incorporate relevant elements of the emergency management system referred to in Article 97.

Art. 99 International cooperation Member States shall cooperate with other Member States and with third countries in addressing possible emergencies on its territory in order to facilitate the organisation of radiological protection. Each Member State shall establish contact with all other Member States and with third countries with a view to sharing the assessment of the exposure situation and coordinating protective measures and public information. Each Member State shall cooperate with other Member States and with third countries in the transition from an emergency exposure situation to an existing exposure situation.

Transposition of the new BSS Directive by the European Union Member States Deadline for transposition is 6 February 2018. The Commission supports the transposition process by studying the transposition plans of the Member States, organising workshops and providing guidelines for implementation. Involvement of NGOs and civil society is seen as an important element in the Directive implementation.