55 Amendments of Sabine WILS related to 2010/0306(NLE)
Amendment 13 #
Proposal for a directive
Recital 25
Recital 25
(25) The operation of nuclear reactors also generates spent fuel. Each Member State may define its fuel cycle policy considering spent fuel as a valuable resource that may be reprocessed, or deciding to. Spent fuel should be disposed of it as waste. Whatever option is chosen, the disposal of high level waste, separated at reprocessing, or of spent fuel regarded as waste should be consideredas high level waste.
Amendment 18 #
Proposal for a directive
Recital 27
Recital 27
(27) Radioactive waste, including spent fuel considered as waste, requires, requires appropriate conditioning, containment and isolation from humans and the living environment over the long term. Its specific nature (content of radionuclides) requires arrangements to protect human health and the environment against dangers arising from ionizing radiation, including disposal in appropriate facilities as the end point of its management. The storage of radioactive waste, including long-term storage, is an interim solution but not an alternative to disposal.
Amendment 24 #
Proposal for a directive
Recital 29
Recital 29
(29) The typical dDisposal concepts for short lived low and intermediate level waste is near surface disposalvary from near surface disposal (in buildings, shallow burial or burial down to a few tens of metres below the surface) to state- of-the-art disposal in geologic repositories 70-100 m underground. Following 30 years of research, it is broadly accepted at the technical levelassumed by nuclear interests that deep geological disposal represents the safest and most sustainablemost economic option as the end point of the management of high level radioactive waste, and spent fuel considered as waste. Thus moving towards implementation of disposallthough other options like engineered storage facilities on or near-surface, dry-rock disposition or disposal in deep bore-holes (3000-5000 meter deep) are also under investigation. If the safety cases of the proposed methods for deep geological disposal can be assured, a move towards implementation of disposal could be considered. Research in other options should be pursuencouraged.
Amendment 29 #
Proposal for a directive
Recital 31
Recital 31
(31) For the responsible management of spent fuel and radioactive waste, each Member State should establish a national framework which assurguarantees political commitments and stepwise decision making in keeping with the Aarhus Convention, implemented through adequate legislation, regulation and organisation with a clear allocation of responsibilities.
Amendment 30 #
Proposal for a directive
Recital 33
Recital 33
(33) A national programme should be established to ensure the transposition of the political decisions into clear provisions for the timely implementation of all steps of spent fuel and radioactive waste management from generation to disposal. This should include all activities that relate to handling, pre-treatment, treatment, conditioning, storage, and disposal of radioactive waste and spent fuel and comply with the principles laid down in the Aarhus Convention. The national programme may be a reference document or a set of documents.
Amendment 33 #
Proposal for a directive
Recital 35
Recital 35
(35) Transparency is important in the management of spent fuel and radioactive waste. It should be provided by requiring effective public information and opportunities for all concerned stakeholders to participate in the decision- making processehe Aarhus Convention should be respected in connection with the management of spent fuel and radioactive waste. This entails guaranteeing the public and all concerned stakeholders access to all information concerning disposal and stipulating that the public and all concerned stakeholders must be involved at an early stage in the decision- making processes. Should access to information be denied in connection with decisions covered by the public participation requirement, and in general in the event of breaches of environmental law, any natural or legal person shall have the right to object and to bring legal proceedings.
Amendment 34 #
Proposal for a directive
Recital 37
Recital 37
Amendment 35 #
Proposal for a directive
Recital 37
Recital 37
(37) Some Member States consider that the sharing of facilities for spent fuel and radioactive waste management, including storage and/or disposal facilities, is a potentially beneficial option when based on an agreement between Member States concerned. Shared final storage and/or disposal may only be considered for small amounts of radioactive waste from medical use or industrial operations. Radioactive waste from energy generation or military activities as well as from research for energy generation or military applications is prohibited to be emplaced in shared final storage and/or disposal facilities.
Amendment 41 #
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
(2) It ensures that Member States provide for appropriate national arrangements for athe highest level of safety in spent fuel and radioactive waste management to protect workers and the general public against the dangers arising from ionizing radiation.
Amendment 44 #
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
(3) It maintains and promotkes public information and participation with regard to spent fuel and radioactive waste management mandatory.
Amendment 45 #
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) all stages of spent fuel management when the spent fuel results from the operation of civilian nuclear reactors or is managed within civilian or military activities;
Amendment 48 #
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) all stages of radioactive waste management, from generation up to disposal, when the radioactive waste results from civilian or military activities or is managed within civilian or military activities;
Amendment 51 #
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
(2) Waste from extractive industries which may be radioactive and falls within the scope of Directive 2006/21/EC shall notlikewise be subject to this Directive.
Amendment 54 #
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
(3) This Directive shall not apply to authorised releasesalso covers authorized releases, especially concerning safety, environmental and health impacts and regulatory. Authorisation should be periodically reviewed by the responsible authority and if necessary updated.
Amendment 55 #
Proposal for a directive
Article 3 – point 3
Article 3 – point 3
(6) ‘radioactive waste’ means any 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 competent regulatory authority under the legislative and regulatory framework of the Member State;
Amendment 59 #
Proposal for a directive
Article 3 – point 7
Article 3 – point 7
(7) ‘radioactive waste management’ means all activities, that relate to handling, pretreatment, treatment, conditioning, storage, or disposal of radioactive waste, exincluding off-site transportation;
Amendment 60 #
Proposal for a directive
Article 3 – point 9
Article 3 – point 9
Amendment 61 #
Proposal for a directive
Article 3 – point 10
Article 3 – point 10
(10) ‘spent fuel’ means nuclear fuel that has been irradiated in and permanently removed from a reactor core; spent fuel may either be considered as a usable resource that can be reprocessed or be destined for disposal if regarded as radioactive wasteshall be regarded as radioactive waste and earmarked for disposal;
Amendment 63 #
Proposal for a directive
Article 3 – point 11
Article 3 – point 11
(11) ‘spent fuel management’ means all activities that relates to the handling, storage, reprocessing, or disposal of spent fuel, exincluding off-site transportation;
Amendment 65 #
Proposal for a directive
Article 3 – point 13
Article 3 – point 13
(13) ‘storage’ means the holding of spent fuel or of radioactive waste in an authorised facility with the intention or the possibility of retrieval.;
Amendment 68 #
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) the generation of radioactive waste is kept to the minimum practicable, in terms of both activity and volume, by means of appropriate design measures and of operating and decommissioning practicesthe use of alternatives where economically, socially and environmentally sustainable alternatives exist, including recycle and reuse of conventional materials;
Amendment 70 #
Proposal for a directive
Article 4 – paragraph 2 – point b a (new)
Article 4 – paragraph 2 – point b a (new)
(ba) the public and all interest groups concerned have access to all information concerning disposal, the public and all interest groups concerned are involved in decision-making processes on a mandatory basis at an early stage and if access to information is denied in relation to decisions where public participation is provided for, and generally in connection with violations of environmental provisions, any natural or legal person has the right of objection and to bring legal proceedings;
Amendment 72 #
Proposal for a directive
Article 4 – paragraph 2 – point d a (new)
Article 4 – paragraph 2 – point d a (new)
(da) the disposal reserves which the originators of the waste have to provide so as to cover costs are administered in a State-controlled fund, in order to ensure that they are available for permanent safe disposal.
Amendment 76 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
(3) Radioactive waste shall be disposed of in the Member State in which it was generated, unless for small amounts agreements are concluded between Member States to use storage or disposal facilities in one of them. These agreements prohibit to license the shared final storage and/or disposal of radioactive waste and spent fuel from energy generation or military activities as well as from research for energy generation or military applications.
Amendment 80 #
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) national requirements for the safety and environmentally sound disposal of spent fuel and radioactive waste management;
Amendment 81 #
Proposal for a directive
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) a system of appropriatcomprehensive institutional control, regulatory inspections, documentation and reporting;
Amendment 83 #
Proposal for a directive
Article 5 – paragraph 1 – point f a (new)
Article 5 – paragraph 1 – point f a (new)
(fa) access for the public and all interest groups concerned to all information concerning disposal, early participation by the public and all interest groups concerned in decision-making processes and, if access to information is denied in relation to decisions where public participation is provided for, and generally in connection with violations of environmental provisions, a right for any natural or legal person to object and to bring legal proceedings;
Amendment 85 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
(2) Member States shall ensure that the national framework is maintained and improved as necessary, taking into account operating experience, insights gained from safety cases as referred to in Article 8, the development ofbest available technology (BAT) and the results of research.
Amendment 91 #
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Article 7a Marking and documentation Member States shall ensure that licence- holders mark containers and document the disposal of spent fuel and radioactive waste in a form not subject to weathering. The documentation shall comprise both the chemical, toxic and radiological composition of the inventory and an indication of whether it is solid, liquid or gaseous.
Amendment 93 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
(2) Member States shall ensure that the national framework requires licence holders, under the supervision of the competent regulatory authority, to regularly assess and verify, and continuously improve, as far as reasonably achievable, the safety of their activities and facilities in a systematic and verifiable manner in compliance with the best available technology (BAT).
Amendment 95 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
(3) The assessments referred to in paragraph 2 shall include verification that measures are in place to prevent accidents and human interference including physical attacks and mitigate the consequences of accidents and human interference, including verification of the physical barriers and the licence holder's administrative procedures for protection that would have to fail before workers and the general public would be significantly affected by ionizing radiation.
Amendment 97 #
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
(5) Member States shall ensure that the national framework requires licence holders to provide for and maintain adequate financial and human resourcesermanently provide adequate human resources and financial reserves which will cover costs and should be administered in a State-controlled fund, to fulfil their obligations with respect to the safety of spent fuel and radioactive waste management, laid down in paragraphs 1 to 4.
Amendment 98 #
Proposal for a directive
Article – paragraph 2
Article – paragraph 2
(2) The safety case and supporting safety assessment shall cover the siting, design, construction, operation, and decommissioning of a facility or operation of a final storage facility or operation and closure of a disposal facility; the safety case shall specify the standards applied for this assessment. The long-term and post- closure safety shall be addressed, in particular how it is ensured by passive means to the fullest extent possible.
Amendment 100 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
(3) The safety case for a facility shall describe all safety-relevant aspects of the site, the design of the facility, the decommissioning of the facility or parts thereof and the managerial control measures and regulatory controls. The safety case and supporting safety assessment shall demonstrate the level of protection provided and shall provide assurance to the competent regulatory authority and other interested parties that safety requirements will be met.
Amendment 102 #
Proposal for a directive
Article 10
Article 10
Member States shall ensure that the national framework guarantees that adequate financial resources are available when needed for the management of spent fuel and radioactive waste, taking due account of the responsibility of radioactive waste producers according to the polluter pays principle.
Amendment 103 #
Proposal for a directive
Article 10
Article 10
Member States shall ensure that the national framework guarantees that adequate financial resourcerves are available when needed for the management of spent fuel and radioactive waste, taking due account of the responsibility of radioactivwhich must be provided by licence holders in such a way as to cover costs, administered in a State-controlled fund and made available in the long term to guarantee wlaste producers.ing and safe disposal;
Amendment 106 #
Proposal for a directive
Article 12 – Heading
Article 12 – Heading
Amendment 107 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
(1) Member States shall ensure that workers and the general public have access to information on the management of spent fuel and radioactive waste is made available to workers and the general public. This obligation includes ensuring that the competent regulatory authority informs the public in the fields of its competence. Information shall be made available to the public in accordance with national legislation and international obligations, provided that this does not jeopardise other interests recognised inand the building of a facility to dispose of radioactive waste and spent fuel. This obligation includes ensuring that the competent regulatory authority regularly, properly and effectively provides all legal and natural persons, upon request, with up-to-date information on the disposal of radioactive waste and spent fuel. Every Member State shall ensure that the competent regulatory authorities advise all legal or natural persons on how to access information. Information shall be made available to the public in accordance with national legislation orand international obligations such as, inter alia, security.
Amendment 110 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
(2) Member States shall ensure that the public is given opportunities to participate effectively in the process of decision making on spent fuel and radioactive waste management at an early stage, when all options are still open and public participation can be effective.
Amendment 111 #
Proposal for a directive
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
(2a) The public participation procedures shall include reasonable time-frames for the different phases, allowing sufficient time for informing the public and for the public to prepare and participate effectively during the decision-making.
Amendment 112 #
Proposal for a directive
Article 12 – paragraph 2 b (new)
Article 12 – paragraph 2 b (new)
(2b) Each Member State shall ensure that in the decision due account is taken of the outcome of the public participation.
Amendment 113 #
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Article 12a Review Each Member State shall ensure that each legal or natural person has access to a comprehensive review procedure before a court. In addition, each Member State shall ensure that each legal or natural person has access to administrative or judicial procedures by means of which to contest the actions and omissions of the competent regulatory authorities.
Amendment 116 #
Proposal for a directive
Article 14 – point -1 (new)
Article 14 – point -1 (new)
(-1) an integrated, detailed classification system for spent fuel and radioactive waste which covers all stages in disposing of spent fuel and radioactive waste, from production to the completion of disposal;
Amendment 117 #
Proposal for a directive
Article 14 – point 1
Article 14 – point 1
(1) on the basis of the classification system provided for in point -1, an inventory of all spent fuel and radioactive waste and previsions of future quantities, including those from decommissioning. The inventory shall clearly indicate the location and amount of the material and, through appropriate classification, the level of hazard;
Amendment 119 #
Proposal for a directive
Article 15 – paragraph 4
Article 15 – paragraph 4
Amendment 153 #
Proposal for a directive
Article 3 – point 7
Article 3 – point 7
(7) ‘radioactive waste management’ means all activities, that relate to handling, pretreatment, treatment, conditioning, storage, or disposal of radioactive waste, exincluding off-site transportation;
Amendment 177 #
Proposal for a directive
Article 4 – paragraph 2 – point d a (new)
Article 4 – paragraph 2 – point d a (new)
(da) intermediate storage in spent fuels pools should take place within the containment and should be kept to the shortest time necessary for cooling spent fuels before off-site transportation due to the additional risk potential as proven in Fukushima.
Amendment 180 #
Proposal for a directive
Article 4 – paragraph 2 – point d b (new)
Article 4 – paragraph 2 – point d b (new)
(db) the disposal financial reserves which the originators of the waste have to provide so as to cover all the costs of from spent fuels und radioactive waste management are administered in a State- controlled fund, in order to ensure that they are available for permanent safe disposal.
Amendment 226 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
(2) Member States shall ensure that the national framework requires licence holders, under the supervision of the competent regulatory authority, to regularly assess and verify, and continuously improve, as far as reasonably achievable, the safety of their activities and facilities in a systematic and verifiable manner in compliance with the best available technology (BAT).
Amendment 238 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
(3) The safety case for a facility shall describe all safety-relevant aspects of the site, the design of the facility, the intermediate storage cooling pools including a regular reporting of the quantity of therein contained spent fuels and the managerial control measures and regulatory controls. The safety case and supporting safety assessment shall demonstrate the level of protection provided and shall provide assurance to the competent regulatory authority and other interested parties that safety requirements will be met.
Amendment 247 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure that the national framework guarantees that adequate financial resources are available when needed for the management of spent fuel and radioactive waste, taking due account of the responsibility of radioactive waste producers according to the polluter pays principle.
Amendment 258 #
Proposal for a directive
Article 12 – title
Article 12 – title
Transparency Public participation
Amendment 260 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
(1) Member States shall ensure that information on the management of spent fuel and radioactive waste is made available to workers and the general public. This obligation includes ensuring that the competent regulatory authority informs the public in the fields of its competence. Information shall be made available to the public in accordance with national legislation and international obligations, provided that this does not jeopardise other internotably the Aarhus Convention on Accests recognised in national legislation or international obligations such as, inter alia, securityto Information, Public Participation in Decision-making and Access to Justice in Environmental Matters.
Amendment 265 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
(2) Member States shall ensure that the public is given opportunities to participate effectively in the process of decision making on spent fuel and radioactive waste management at an early stage, when all options are still open and public participation can be effective.
Amendment 286 #
Proposal for a directive
Article 15 – paragraph 4
Article 15 – paragraph 4