Activities of Rebecca HARMS related to 2008/0231(CNS)
Plenary speeches (1)
Community framework for nuclear safety (debate)
Amendments (36)
Amendment 9 #
The Committee on Environment, Public Health and Food Safety calls on the Committee on Industry, Research and Energy, as the committee responsible, to propose rejection of the Commission proposal.
Amendment 44 #
Proposal for a directive
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The European Parliament rejects the Commission proposal.
Amendment 45 #
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Amendment 46 #
Proposal for a directive
Citation - 1 (new)
Citation - 1 (new)
Having regard to the absence of consultation of the group of experts, whose opinion must be obtained by the Commission before the latter issues its proposal under Article 31,
Amendment 47 #
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 31, 32 and 3203 thereof,
Amendment 48 #
Proposal for a directive
Citation 1 a (new)
Citation 1 a (new)
Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,
Amendment 49 #
Proposal for a directive
Citation 3
Citation 3
Amendment 50 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) Article 203 of the Euratom Treaty stipulates that if action is necessary to attain one of the objectives of the Community and the Euratom Treaty has not provided the necessary powers, the Council shall, acting unanimously and after consulting with the Parliament, take appropriate measures.
Amendment 51 #
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3b) Article 174 of the EC Treaty stipulates that Community policy on the environment shall contribute to preserving, protecting and improving the quality of the environment, as well as protecting human health, and shall aim at a high level of protection.
Amendment 52 #
Proposal for a directive
Recital 5
Recital 5
(5) Although the system of radiation protection established by the existing basic safety standards, taking into account the current scientific knowledge, ensures a high level of protection for the health of the population, it should be further supplemented to ensure that a high level of safety of nuclear installations is maintained, developed and continuously improved. Keeping up a highby strict application of state of the art safety standards of nuclear installations designed to anticipate and control the risks of exposure for the population. Keeping a state of the art level of safety at all stages from design to decommissioning is a sine qua non condition in order to fully attain the objectives of health protection set out in Article 2(b) of the Euratom Treaty and environmental protection set out in Article 174 of the EC Treaty. For this purpose effective defences against radiological risks should be maintained and accidents and incidents which could have radiological consequences should be prevented.
Amendment 54 #
Proposal for a directive
Recital 6
Recital 6
(6) While each Member State is free to decide on its energy mix, after a period of reflectionnd while the total number of power plants has declined in the EU since 1989, interest in the construction of new plants has grown and somin some Member States and a few of these Member States have decided to licence new plants or to restart the construction of unfinished plants. Furthermore, requests for nuclear power plant life extensions are expected to be presented by licence holders in the years to come, which will increase safety concerns.
Amendment 56 #
Proposal for a directive
Recital 7
Recital 7
(7) For this purpose best practicestate of the art safety standards should be developed to guide the regulatory bodies in their decisions on the lifetime extension of nuclear installations.
Amendment 57 #
Proposal for a directive
Recital 8
Recital 8
(8) ThSome Member States have already implemented measures enabling them to achieve a high level of nuclear safety within the Community, while others have measurably lower safety standards.
Amendment 58 #
Proposal for a directive
Recital 9
Recital 9
(9) The continuous improvement of nuclear safety requires that the management systems established and the licence holders and waste managers ensure the highest possible level of safety for the general public.
Amendment 59 #
Proposal for a directive
Recital 12
Recital 12
(12) Despite existing trends towards harmonisation, the nuclear safety procedures and, practices, measures and standards still vary from one Member State to another and from one facility to another. At present, the diversity of measures and standards does not ensure that the health protection requirements of Article 2(b) of the Treaty are applied in the most coherent and satisfactory way in the Community. The European Atomic Energy Community by joining the Convention on Nuclear Safety, which entered into force on 24 October 1996, committed itself to observing an internationally recognised high level of nuclear safety principles. In order for the Community to ensure that the principles of this Convention are given effect at Community level and that uniform state of the art safety standards as required by Article 2(b) of the Treaty are applied, the basic standards for radiation protection should be supplemented by common safety principlesstandards, in order to eliminate hazards to the life and health of the public and to the environment.
Amendment 60 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) In order to attain the Community nuclear safety objectives referred to in Article 1(1), it is essential as a first stage to define in this framework Directive the basic obligations and general principles on the safety of nuclear installations. This should at a later stage be complemented by the adoption of common standards and control mechanisms, to be developed by the WENRA and in close collaboration with the European High Level Group on Nuclear Safety and Waste Management in consultation with the European Parliament, in order to guarantee the highest level of safety, which takes into account the latest technological developments and which can be defined as ‘state of the art’.
Amendment 61 #
Proposal for a directive
Recital 12 b (new)
Recital 12 b (new)
Amendment 74 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive aims at achieving, maintaining and continuously improving nuclear safety in the Community and to enhance the role of the national regulatory bodies by setting out the basic obligations and general principles guaranteeing the highest level of safety of nuclear installations and creating the necessary framework for the adoption of common EU wide safety standards.
Amendment 77 #
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. It shall apply to the design, siting, construction, maintenance, operation and, decommissioning of nuclear installations, for which consideration of safety is required under the legislative and regulatory framework of the Member State concernedand waste management of all nuclear installations.
Amendment 84 #
Proposal for a directive
Article 2 – point 2
Article 2 – point 2
(2) “nuclear safety” means the achievement of proper operating conditions through measures taken with a view to the, prevention of accidents or mitigation of accident consequences, resulting in protection of workers, generalthe public and the air, water and soilenvironment from undue radiation hazards arising from nuclear installations;
Amendment 85 #
Proposal for a directive
Article 2 – point 2 a (new)
Article 2 – point 2 a (new)
(2a) "state of the art safety standard" means technical, regulatory and operational regimes which comply with the best possible practices presently deployed or under development in the Union.
Amendment 88 #
Proposal for a directive
Article 2 – point 4 a (new)
Article 2 – point 4 a (new)
(4a) "decommissioning fund" means independently managed financial resources intended specifically to cover the expenditure necessary for decommissioning nuclear installations, including long-term management of the radioactive waste and spent fuel, and compliance with safety standards;
Amendment 89 #
Proposal for a directive
Article 2 – point 5
Article 2 – point 5
(5) "“radioactive waste"” means spent fuels, radioactive material in gaseous, liquid or solid form that originate from reprocessing and any other 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 regulatory body under the legislative and regulatory framework of athe Member State;
Amendment 90 #
Proposal for a directive
Article 2 – point 6
Article 2 – point 6
(6) "spent fuel" means nuclear fuel that has been irradiated in and permanently removed from a reactor core; spent fuel may either be considered as usable resource that can be reprocessed or be destined for final disposal with no further use foreseen and treated as radioactive waste;
Amendment 100 #
Proposal for a directive
Article 2 – point 10 a (new)
Article 2 – point 10 a (new)
(10a) "state of the art safety standard" means standards in technical, regulatory and operational regimes which correspond to the best possible practices presently deployed or under development in the Union. In addition, Member States shall be required to seek to consistently improve their existing safety standards.
Amendment 106 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Member States shall establish and maintain a legislative and regulatory framework to govern the safety of nuclear installations. This shall include European and national safety requirements, a system of licensing and control of nuclear installations and the prohibition of their operation without a licence and a system of regulatory supervision including the necessary enforcement.
Amendment 110 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that the regulatory body is effectively independent of all organisationsguarantee the effective independence of the regulatory authority and shall ensure that it exercises its powers impartially and transparently. For this purpose, Member State shall ensure that, when carrying out the regulatory tasks conferred upon it by this Directive and related legislation, the regulatory authority: (a) is legally distinct and functionally independent from any other public or private entity, in particular from those whose task is to promote, operate nuclear installations or justify societal benefits and free from any influence that may affect the safety; (b) ensures that its staff and the persons responsible for its management: (i) act independently from any market interest; and (ii) do not seek or take direct instructions from any government or other public or private entity when carrying out the regulatory tasks. This requirement is without prejudice to close cooperation, as appropriate, with other relevant national authorities.
Amendment 113 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The regulatory body shall be provided with adequate authority, competence andIn order to protect the independence of the regulatory authority, Member States shall in particular ensure that the regulatory authority has legal personality, financial autonomy and adequate financial and human resources to fulfil its responsibilities and discharge its duties. ItThe regulatory authority shall supervise and regulate the safety of nuclear installations and ensure the implementation of safety requirements, condition and safety regulations, including the suspension of operation of any nuclear installation in cases where safety is not guaranteed and the withdrawal of the operating licence in cases of serious or persistent breaches of the conditions of a licence.
Amendment 125 #
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
Amendment 133 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall respect the IAEA safety fundamentals (IAEA Safety Fundamentals: Fundamental safety principles, IAEA Safety Standard Series No. SF-1 (2006)). They shall observe the obligations and requirements incorporated in the Convention on Nuclear safety (IAEA INFCIRC 449 of 5 July 1994). They shall in particular ensure that the applicable principles laid down in the IAEA safety fundamentals are implemented and the necessary measures are taken to ensure athe highest level of safety in nuclear installations, including inter alia operation of nuclear facilities to a standard that reflects state of the art practices in the EU in technical, regulatory and operational respects, effective arrangements against potential radiological hazards, accident prevention and response, ageing managementof accidents and incidents and response, long term management of all produced radioactive materials and information of the population and the authorities of neighbouring States.
Amendment 144 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. As regards the safety of new nuclear power reactors, and until the adoption of EC- wide nuclear safety standards, Member States shall aim to develop additional safety requirements, in line with the continuous improvement of safety on the basis of the safety levels developed by the Western European Nuclear Regulators' Association (WENRA) and in close collaboration with the European High Level Group on Nuclear Safety and Waste Management.
Amendment 149 #
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Article 6a Priority to safety 1. Member States shall take all appropriate measures to ensure that in the course of all practices directly related to nuclear installations absolute priority is given to nuclear safety. 2. Member States shall ensure that the measures for operational protection of the population pursuant to Article 44 of Directive 96/29/Euratom take account of the nuclear safety aspects at all stages of the nuclear fuel cycle and, in particular: (a) that the examination and approval of plans for nuclear installations and of the proposed siting of such installations also take account of the nuclear safety aspects; and (b) that the acceptance into service of such new installations also takes account of the nuclear safety aspects; (c) that the operating licence for nuclear installations also takes account of the nuclear safety aspects. Member States shall ensure that the exposure suffered by the general public and by workers to ionising radiation during construction, operation and decommissioning is restricted to the lowest level that is technically achievable.
Amendment 169 #
Proposal for a directive
Article 8 a (new)
Article 8 a (new)
Amendment 173 #
Proposal for a directive
Article 11
Article 11
Member States shall submit a report to the Commission on the implementation of this Directive by [thremeasures taken to fulfil their obligations under this Directive and on the safety situation in nuclear installations located on their territory by one years after the entry into force] at the latest of this Directive, and every three years thereafter. On the basis of the first report,Every two years the Commission shall presensubmit a report to the Council on progress made with the implementEuropean Parliament and to the Council on the application of this Directive, accompanied, if appropriand on the nuclear safety situation in the Community, based on the reports submitte,d by legislative proposalthe Member States.
Amendment 176 #
Proposal for a directive
Article 11 a (new)
Article 11 a (new)
Article 11a Review On the basis of the first report submitted by Member States under Article 11, the Commission shall within two years after the entry into force of this Directive, present to the European Parliament and to the Council a proposal for the adoption of binding safety standards. Those binding safety standards shall be based on the safety levels developed by WENRA in close collaboration with the European High Level Group on Nuclear Safety and Waste Management and shall be complemented by the establishment of EU-wide control mechanisms. Such requirements and mechanisms shall guarantee a high level of safety in accordance with the latest technological developments.
Amendment 179 #
Proposal for a directive
Annex (new)
Annex (new)