BETA

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)
2016/11/22
Committee: ENVI
Dossiers: 2011/0254(NLE)
Documents: PDF(454 KB) DOC(514 KB)

Amendments (73)

Amendment 12 #
Draft legislative resolution
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,
2013/02/27
Committee: ENVI
Amendment 13 #
Draft legislative resolution
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;
2013/02/27
Committee: ENVI
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,
2013/02/27
Committee: ENVI
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.
2013/02/27
Committee: ENVI
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.
2013/02/27
Committee: ENVI
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.
2013/02/27
Committee: ENVI
Amendment 22 #

Recital 13
(13) The new requirements on radioactivity in building materials should allow for the free circulation of building materials.deleted
2013/02/27
Committee: ENVI
Amendment 28 #

Recital 22
(22) Member States may grant specific exemption from authorisation for certain practices involving activities above the exemption values.deleted
2013/02/27
Committee: ENVI
Amendment 30 #

Recital 23
(23) Specific clearance levels, above the default values for exemption and clearance, as well as corresponding Community guidance remain important tools for the management of large volumes of materials arising from the dismantling of licensed facilities.deleted
2013/02/27
Committee: ENVI
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.
2013/02/27
Committee: ENVI
Amendment 40 #

Article 1 – paragraph 2
2. This Directive applies to the protection of the environment as a pathway from radiation sources to the exposure of man, complemented where appropriate with specific consideration of the exposure of biota in the environment as a whole.deleted
2013/02/27
Committee: ENVI
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.
2013/02/27
Committee: ENVI
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.
2013/02/27
Committee: ENVI
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.
2013/02/27
Committee: ENVI
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;
2013/02/27
Committee: ENVI
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;
2013/02/27
Committee: ENVI
Amendment 49 #

Article 4 – paragraph 1 – point 10
(10) Radioactive material means any material in a liquid, gaseous or solid form incorporating radioactive substances;
2013/02/27
Committee: ENVI
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;
2013/02/27
Committee: ENVI
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;
2013/02/27
Committee: ENVI
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.;
2013/02/27
Committee: ENVI
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;
2013/02/27
Committee: ENVI
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;
2013/02/27
Committee: ENVI
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;
2013/02/27
Committee: ENVI
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;
2013/02/27
Committee: ENVI
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;
2013/02/27
Committee: ENVI
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;
2013/02/27
Committee: ENVI
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;
2013/02/27
Committee: ENVI
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.
2013/02/27
Committee: ENVI
Amendment 74 #

Article 4 – paragraph 1 – point 65
(65) Clearance levels means values established by the competent authority or in national legislation, and expressed in terms of activity concentrations, at or below which materials arising from any practice subject to notification or authorisation may be released from the requirements of this Directive.deleted
2013/02/27
Committee: ENVI
Amendment 81 #

Article 4 – paragraph 1 – point 92 – introductory part
(92) Absorbed dose (D) means the energy absorbed per unit massdeleted
2013/02/27
Committee: ENVI
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;
2013/02/27
Committee: ENVI
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:
2013/02/27
Committee: ENVI
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;
2013/02/27
Committee: ENVI
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.
2013/02/27
Committee: ENVI
Amendment 94 #

Chapter 3 – section 1 – title
tools for optminimisation
2013/02/27
Committee: ENVI
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.
2013/02/27
Committee: ENVI
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.
2013/02/27
Committee: ENVI
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.
2013/02/27
Committee: ENVI
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.
2013/02/27
Committee: ENVI
Amendment 104 #

Article 8 – paragraph 3
3. Optimisation of protection shall give priority to exposures above the reference level. The choices of reference levels shall take into account both radiological protection requirements and societal criteria.deleted
2013/02/27
Committee: ENVI
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.
2013/02/27
Committee: ENVI
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.
2013/02/27
Committee: ENVI
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.
2013/02/27
Committee: ENVI
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.
2013/02/27
Committee: ENVI
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.
2013/02/27
Committee: ENVI
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).
2013/02/27
Committee: ENVI
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.
2013/02/27
Committee: ENVI
Amendment 140 #

Article 25 – paragraph 1 – point a
(a) materials containing radioactive substances where the quantities of the activity involved do not exceed in total the exemption values set out in Annex VI or higher values that, for specific applications, are authorised by the competent authorities and satisfy the general exemption and clearance criteria set out in Annex VI; ordeleted
2013/02/27
Committee: ENVI
Amendment 142 #

Article 25 – paragraph 1 – point b
(b) materials containing radioactive substances, provided that the concentrations of activity per unit mass do not exceed the exemption values set out in Table A of Annex VI, or higher values that, for specific applications, are authorised by the competent authorities and satisfy the general exemption and clearance criteria set out in Annex VI; ordeleted
2013/02/27
Committee: ENVI
Amendment 148 #

Article 25 – paragraph 2
2. Member States may exempt further types of practices from the notification requirement subject to compliance with the general exemption criteria established in point 3 of Annex VI, or in such cases where an assessment of the optimisation of protection shows that exemption is the best option.deleted
2013/02/27
Committee: ENVI
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.
2013/02/27
Committee: ENVI
Amendment 151 #

Article 26 – paragraph 2
2. Notified practices may be exempted from authorisation.deleted
2013/03/12
Committee: ENVI
Amendment 153 #

Article 26 – paragraph 3
3. In the case of moderate amounts of material as specified by Member States, the activity concentration values laid down in Annex VI, Table B, column 2, may be used for the purpose of exemption.deleted
2013/03/12
Committee: ENVI
Amendment 155 #

Article 26 – paragraph 4
4. Notified practices which are not exempted shall be subject to authorisation through registration or licensing.deleted
2013/03/12
Committee: ENVI
Amendment 162 #

Article 29
1. The disposal, recycling or reuse of radioactive materials arising from any authorised practice is subject to authorisation. 2. The materials for disposal, recycling or reuse may be released from the requirements of this Directive provided that the concentrations of activity per unit mass: (a) do not exceed the values set out in Annex VI, Table A, part 1; or (b) comply with specific clearance levels and associated requirements for specific materials or for materials originating from specific types of practices; these specific clearance levels, in addition to the general clearance levels referred to in point (a), shall be established by the national competent authority following the general exemption criteria set out in Annex VI, point 3 and taking into account technical guidance provided by the Community. 3. For the clearance of materials containing naturally occurring radionuclides, the values for the concentrations of activity per unit mass shall be those laid down in Annex VI, Table A, part 2. Nevertheless the following requirements shall apply: (a) for practices subject to licensing as specified in Article 27(3)(f), the dose criteria for clearance of naturally occurring radionuclides shall be complied with; (b) for other licensed practices, in particular those forming part of the nuclear fuel cycle, the clearance levels shall comply with the dose criteria for clearance of materials containing artificial radionuclides; (c) for authorised practices subject to notification as specified under Article 25(3), the corresponding requirements for the placing on the market of building materials shall be complied with. 4. The deliberate dilution of radioactive residues, other than the mixing of materials that takes place in normal operation when radioactivity is not a consideration, shall not be permitted. The competent authority may authorise in specific situations the mixing of radioactive residues containing naturally occurring radioactive material with other materials to promote the reuse and recycling of these materials and to reduce public exposure.Article 29 deleted Release from regulatory control
2013/03/12
Committee: ENVI
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;
2013/03/12
Committee: ENVI
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 .
2013/03/12
Committee: ENVI
Amendment 207 #

Article 68 – paragraph 1 – point a
(a) achieving and maintaining an optimalthe highest level of protection of public health and the environment;
2013/03/12
Committee: ENVI
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.
2013/03/12
Committee: ENVI
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
2013/03/12
Committee: ENVI
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.
2013/03/12
Committee: ENVI
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 .
2013/03/12
Committee: ENVI
Amendment 235 #

Article 75 – paragraph 4
4. Identified types of building materials which are not liable to give doses exceeding the reference level of 1 mSv per year for indoor external exposure from building materials, in excess of prevailing outdoor external exposure, shall be exempt from requirements at national level, without prejudice to Article 103. Such building materials shall nevertheless be further monitored to ensure that the activity concentration continues to comply with this reference level. Building materials of category A as specified in Annex VII shall be exempt from any restrictions with regard to their placing on the market in the Union.deleted
2013/03/12
Committee: ENVI
Amendment 236 #

Article 75 – paragraph 5
5. For identified types of building materials which are liable to give doses exceeding the reference level of 1 mSv per year for indoor external exposure from building materials, in excess of the prevailing outdoor external exposure, the competent authority shall decide on appropriate measures, ranging from registration and general application of relevant building codes to specific restrictions on the envisaged use of such materials.deleted
2013/03/12
Committee: ENVI
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.
2013/03/12
Committee: ENVI
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.
2013/03/12
Committee: ENVI
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.
2013/03/12
Committee: ENVI
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.
2013/03/12
Committee: ENVI
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.
2013/03/12
Committee: ENVI
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.
2013/03/12
Committee: ENVI
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.
2013/03/12
Committee: ENVI
Amendment 268 #
Proposal for a directive
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, .
2013/03/12
Committee: ENVI
Amendment 269 #

Annex 6
ANNEX VI deleted
2013/03/12
Committee: ENVI