Activities of Sabine WILS related to 2011/0254(NLE)
Shadow reports (1)
REPORT on the proposal for a Council directive laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation PDF (454 KB) DOC (514 KB)
Amendments (73)
Amendment 12 #
Draft legislative resolution
Citation 2
Citation 2
– having regard to Articles 31 and 32 of the Euratom Treaty, pursuant to which the Council consulted Parliament (C7- 0151/2012)the Treaty on the Functioning of the European Union, and in particular Articles 191 and 192 thereof,
Amendment 13 #
Draft legislative resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission to notify the Parliament how amendments from Parliament have been taken into due account in the final text of the directive as amended from the council;
Amendment 14 #
Citation 1
Having regard to the Treaty establishing the European Atomic Energy Communityon the Functioning of the European Union, and in particular Articles 3191 and 3192 thereof,
Amendment 15 #
Recital 1
(1) Article 2(b) of the Treaty provides for the establishment of uniform safety standards to protect the health of workers and the general public and Article 30 of the Treaty defines ‘basic standards’ for the health protection of workers and the general public191 TFEU provides the legal basis for preserving, protecting and improving the quality of the environment and protecting human health, including against the dangers arising from exposure to ionising radiations.
Amendment 17 #
Recital 1 a (new)
(1a) Article 153 TFEU allows for the establishment of safety standards to protect the health of workers and of the general public.
Amendment 18 #
Recital 1 b (new)
(1b) Article 168 TFEU allows for the establishment of basic standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation.
Amendment 22 #
Recital 13
Amendment 28 #
Recital 22
Amendment 30 #
Recital 23
Amendment 38 #
Article 1 – paragraph 1
1. This Directive establishes the basic safety standards for the protection of the health of workers, general public, patients and other individuals subject to medical exposure as well as the environment against the dangers arising from ionising radiation for the purpose of their uniform implementation by Member States without baring Member States from maintaining higher basic safety standards than set out in this directive.
Amendment 40 #
Article 1 – paragraph 2
Amendment 41 #
Article 1 – paragraph 3
3. This Directive sets out requirements for the control of the safety and security of radioactive sources and the provisions of appropriatemandatory information in an emergency exposure situation.
Amendment 42 #
Article 1 – paragraph 4
4. This Directive sets out requirements for the prevenotection of exposurehealth of workers and members of the public to ionising radiation arising from orphan sources and from inadequate control of high-activity sealed radioactive sources and for the harmonisation of controls in place in the Member States by defining specific requirements ensuring that each such source is kept under controlthe general public against the dangers arising from the exposure of ionising radiation as well as the prevention of exposure of workers and the general public to ionising radiation.
Amendment 43 #
Article 2 – paragraph 1
1. This Directive applies to any planned, existing, accidental or emergency exposure situation which involves a risk from exposure to ionising radiation which cannot be disregarded from the radiation protection point of view with regard to the health protection of workers, members of the public, or patients and other individuals subject to medical exposure or with regard to the protection of the environment.
Amendment 44 #
Article 2 – paragraph 2 – point a
(a) the production, processing, handling, use, storage, holding, transport, shipment, import to, and export from the Community and the, disposal of radioactive material and temporary or final radioactive waste storage;
Amendment 48 #
Article 4 – paragraph 1 – point 8
(8) Radiation source means an entity that may causes radiation exposure - such as by emitting ionising radiation or by releasing radioactive material - and can be treated as a single entity for protection and safety purposes;
Amendment 49 #
Article 4 – paragraph 1 – point 10
(10) Radioactive material means any material in a liquid, gaseous or solid form incorporating radioactive substances;
Amendment 50 #
Article 4 – paragraph 1 – point 13
(13) Disposal means the emplacement of radioactive waste or spent fuel in an authorised facility without the intention of retrieval;
Amendment 51 #
Article 4 – paragraph 1 – point 14
(14) Existing exposure situation means an exposure situation that already exists when a decision on its control has to be taken and which does not call or no longer calls for urgent measures to be taken;
Amendment 55 #
Article 4 – paragraph 1 – point 17
(17) Potential exposure means exposure that is not expected with certainty but may result from an event or sequence of events of a probabilistic nature, including may result from equipment failures and operating errors.;
Amendment 56 #
Article 4 – paragraph 1 – point 18
(18) Radiation protection means the protection of people from harmful effects ofand the environment against the dangers arising from exposure to ionising radiation, and the means for achieving this;
Amendment 57 #
Article 4 – paragraph 1 – point 19
(19) Practice means any activity that involves the operation or introduction of radiation sources or which alters exposure pathways and is managed as a planned exposure situation;
Amendment 58 #
Article 4 – paragraph 1 – point 21
(21) Storage means the holding of radioactive sources or radioactive waste in a facility that provides adequate containment, with the intention of retrievalr the concrete possibility of retrieval in the long term;
Amendment 59 #
Article 4 – paragraph 1 – point 22
(22) Optimisation means a forward-looking iterative process to establish adequate protection measures taking into account the prevailing circumstances, the available options, and the nature of the exposure situation, with the aim of keeping the magnitude and likelihood of exposure and the number of people exposed as low as reasonably achievapossible;
Amendment 62 #
Article 4 – paragraph 1 – point 34
(34) Reference level means, in an emergency exposure situation or in an existing exposure situation, the level of dose or risk above which it is judged inappropriate to allow exposures to occur, and below which optimisation of protection should continue to be implemented;
Amendment 68 #
Article 4 – paragraph 1 – point 44
(44) Emergency response plan means arrangements to plan for adequimmediate response in the event of an emergency exposure situation related to a specific facility or activity on the basis of postulated events and related scenarios;
Amendment 70 #
Article 4 – paragraph 1 – point 53
(53) Radioactive substance means any substance in a gaseous, liquid or solid form that contains one or more radionuclides, the activity concentration of which cannot be disregarded as far as radiation protection is concerned;
Amendment 73 #
Article 4 – paragraph 1 – point 62
(62) Radioactive waste means any radioactive material in gaseous, liquid or solid form for which no further use is foreseen.
Amendment 74 #
Article 4 – paragraph 1 – point 65
Amendment 81 #
Article 4 – paragraph 1 – point 92 – introductory part
Amendment 83 #
Article 4 – paragraph 1 – point 97
(97) Normal exposure means exposure expected to occur under the normal operating conditions of a facility or activity (including maintenance, inspection, decommissioning), including possible minor mishaps that can be kept under control, i.e. during normal operation and anticipated operational occurrences;
Amendment 85 #
Article 5 – paragraph 1 – introductory part
Member States shall establish legal requirements and an appropriate regime of regulatory control which, for all exposure situations reflect a system of radiation protection based on the following principles of justification, optminimisation and dose limitation:
Amendment 89 #
Article 5 – paragraph 1 – point b
(b) optminimisation: in all exposure situations, radiation protection shall be optminimised with the aim of keeping the magnitude and likelihood of exposure and the number of individuals exposed as low as reasonably achievapossible, taking into account economic and societal factors, whereby optimisation of the protection of individuals undergoing medical exposure shall be commensurate with the medical purpose of the exposure as described in Article 55. This principle shall be applied in terms of effective dose as well as organ doses, as a precautionary measure to allow for uncertainties as to health detriment below the threshold, for deterministic effects;
Amendment 91 #
Article 5 – paragraph 1 – point c
(c) dose limitation: in planned exposure situations, the sum of doses to an individual from all regulated radiation sources may not exceed the dose limits laid down for occupational exposure or public exposure. Dose limits shall not apply to medical exposures.
Amendment 94 #
Chapter 3 – section 1 – title
tools for optminimisation
Amendment 95 #
Article 6 – paragraph 2
2. For public exposure, the dose constraint shall be set for the individual dose that members of the public receive from the planned operation of a specified radiation source. The competent authorities shall set the constraint so as to ensure the protection of health of the general public and compliance with the dose limit for the sum of doses to the same individual from all authorised practices.
Amendment 98 #
Article 6 – paragraph 3
3. With regard to potential exposures, optminimisation shall include adequatbest practice management of the highest level of safety and security of sources and facilities. Where appropriatenecessary risk constraints mayshould be established.
Amendment 100 #
Article 8 – paragraph 1
1. Reference levels shall be established for emergency and existing exposure situations as a level of effective dose or organ dose above which it is judged inappropriate to allow exposures in emergency or existingby the competent authority to allow exposures in exposure situations.
Amendment 102 #
Article 8 – paragraph 2
2. Optimised protective strategies shall be planned and implemented with the objective of reducing individual doses below the reference levels. The values chosen for reference levels shall depend upon thebe the same in all different types of exposure situations taking into account the precautionary principle.
Amendment 104 #
Article 8 – paragraph 3
Amendment 115 #
Article 13 – paragraph 1
1. ThDose limit on the effective dose for public exposure shall be 1 mSv in a years shall be set by the competent authority taking into account the general principles of justification, minimisation and dose limitation for the protection of public health and the environment.
Amendment 116 #
Article 13 – paragraph 1 a (new)
1a. The competent authority or authorities shall ensure public participation according to national legislation in the process leading to set or to amend dose limits for public exposure.
Amendment 117 #
Article 13 – paragraph 1 b (new)
1b. The public participation shall include reasonable time-frames for the different phases, allowing sufficient time for informing the public and for the public to participate effectively during the decision- making.
Amendment 118 #
Article 13 – paragraph 1 c (new)
1c. 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 authority or authorities.
Amendment 119 #
Article 13 – paragraph 1 d (new)
1d. Each Member State shall ensure that in the decision due account is taken of the outcome of public participation.
Amendment 126 #
Article 20 – paragraph 1 a (new)
1a. New practices aimed at eliminating an immediate or expected danger shall not require any justification under Article 5 (a).
Amendment 136 #
Article 24 – paragraph 1
Member States shall ensure the identification of practices involving naturally occurring radioactive material and leading to exposure of workers or members of the public which cannot be disregarded from a radiation protection point of view. Such identification shall be carried out by means of surveys or by any other appropriate means taking into account industrial sectors listed in Annex V.
Amendment 140 #
Article 25 – paragraph 1 – point a
Amendment 142 #
Article 25 – paragraph 1 – point b
Amendment 148 #
Article 25 – paragraph 2
Amendment 150 #
Article 26 – paragraph 1
1. Member States shall require any notified practice to be subject to regulatory control commensurate with the magnitude and likelihood of exposures resulting from the practice, and commensurate with the impact that regulatory control may have in reducing such exposures or improving the safety of installationsby the competent authority.
Amendment 151 #
Article 26 – paragraph 2
Amendment 153 #
Article 26 – paragraph 3
Amendment 155 #
Article 26 – paragraph 4
Amendment 162 #
Article 29
Amendment 199 #
Article 62 – paragraph 1 – point a
(a) all reasonable steps are taken to minimise the probability and magnitude of accidental or unintended exposures of patients from all medical radiological procedures, taking into account economic and social factors;
Amendment 206 #
Article 67 – paragraph 2
2. Member States shall require any undertaking responsible for a nuclear power reactor or reprocessing plant to monitor discharges in normal operation in accordance with the standardised information selected for monitoring and reporting to the European Commission as laid down in Commission Recommendation 2004/2/Euratom .
Amendment 207 #
Article 68 – paragraph 1 – point a
(a) achieving and maintaining an optimalthe highest level of protection of public health and the environment;
Amendment 208 #
Article 69 – paragraph 1
Member States shall ensure that an appropriatethe best available technologies are deployed for an environmental monitoring programme iswhich should be in place for estimating the radiation exposure of members of thethe general public.
Amendment 232 #
Article 75 – paragraph 1 – point a
(a) building materials which are identified and listed by the relevant competent authority as being of concern from the radiation protection of public health and environmental protection point of view, taking into account the indicative list of materials set out in Annex XI with regard to their emitted gamma radiation; or
Amendment 233 #
Article 75 – paragraph 2 – introductory part
2. For identified types of building materials, the industries shall be forbidden by law to placinge such materials on the market (a) shall determine the concentrations of the radionuclides specified in Annex VII; (b) shall provide information to the competent authority on the results of measurements and the corresponding activity concentration index, as defined in Annex VII. Severe sanctions shall be implemented by member states on companies failing to comply with the prohibition of sale.
Amendment 234 #
Article 75 – paragraph 3
3. The competent authority shall ensure that identified types of building materials are classified, as laid down in Annex VII, on the basis of their intended use and activity concentration index and shall be stored as radioactive waste in an authorised storage facility .
Amendment 235 #
Article 75 – paragraph 4
Amendment 236 #
Article 75 – paragraph 5
Amendment 237 #
Article 75 – paragraph 6
6. Information on identified types of building materials, relevant to the implementation of building codes, including their radionuclide concentrations, activity concentration index and corresponding classification, shall be made available prior to their placing on the marketto the public.
Amendment 241 #
Article 80 – paragraph 1
1. Member States shall designate the competent authority or authorities to carry out taskshe regulatory control provided for in this Directive; the competent authority or authorities must be functionally independent from any institution promoting or operating nuclear power.
Amendment 242 #
Article 80 – paragraph 1 a (new)
1 a. Each Member state shall ensure that public participation is enforced according to national legislation by the competent authority of the member states when dose limits are set or amended.
Amendment 243 #
Article 80 – paragraph 1 b (new)
1 b. 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 244 #
Article 80 – paragraph 1 c (new)
1 c. The competent authority shall ensure that in the decision for dose limits due account is taken of the outcome of public participation.
Amendment 247 #
Article 91 – paragraph 1 – subparagraph 1 a (new)
Member States shall ensure that licence- holders mark containers and document the practices with high-activity sealed sources 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 248 #
Article 94 – paragraph 1
Member States shall require that a metal scrap recycling installation promptly notifies the competent authority of any melting of an orphan source and shall require that the contaminated metal not be further processed without authorisation by the competent authority.
Amendment 268 #
Proposal for a directive
Annex 5 – paragraph 1 – point 4 a (new)</
Annex 5 – paragraph 1 – point 4 a (new)</
(4 a) Exploration and extraction of natural gas from coal seams requiring the depressurisation of coal seams to release coal bed methane, independently of the quantity extracted, .
Amendment 269 #
Annex 6
ANNEX VI deleted