international atomic energy agency the eu directives related to radioactive waste and spent nuclear...

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


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)

International Atomic Energy Agency4

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


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


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


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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• 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



• 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


• 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




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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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• 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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• 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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• 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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• 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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• 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



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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


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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international atomic energy agency the eu directives related to radioactive waste and spent nuclear...

Documents

eia directive directive

euratom medical directive

workers directive

info art

measures art

soil art

verifications art

nuclear industries art