Activities of Thomas HÄNDEL related to 2010/0306(NLE)
Shadow opinions (1)
OPINION on the proposal for a Council directive on the management of spent fuel and radioactive waste
Amendments (41)
Amendment 39 #
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty establishing the European Atomic Energy Communityon the Functioning of the European Union, and in particular Articles 31 and 32 153 thereof,
Amendment 45 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) Council Directive 89/391/EEC of 12 June 1989 provides for the introduction of measures to encourage improvements in the safety and health of workers at work.
Amendment 50 #
Proposal for a directive
Recital 27
Recital 27
(27) Radioactive waste, including spent fuel considered as waste, 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 51 #
Proposal for a directive
Recital 27 a (new)
Recital 27 a (new)
(27a) Workers and the general public face an unacceptable and growing risk due to the conditions under which some historic wastes, such as plutonium-bearing sludges or contaminated graphite, are being stored. Unconditioned, readily dispersible waste forms and spent fuel in unprotected pools constitute stores which are radiotoxic as well as being highly vulnerable and pose an ongoing risk of accident or target for terrorist attack.
Amendment 52 #
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 levelssumed by nuclear interests that deep geological disposal represents the safest and most sustainable option as the end point of the management of high level radioactive waste and spent fuel considered as waste. Thus. If the safety cases of the proposed methods for deep geological disposal can be assured, a movinge towards implementation of disposal shcould be pursuconsidered.
Amendment 53 #
Proposal for a directive
Recital 30
Recital 30
(30) Although each Member State is responsible for its own policy on spent fuel and radioactive waste management, that policy should respect the relevant fundamental safety principles set by the IAEA. It is an ethical obligation of each Member State to avoid any undue burden on future generations in respect of the existing spent fuel and radioactive waste, as well as those expected from decommissioning of existing nuclear installations. Member States should therefore establish a decommissioning policy that guarantees that facilities are dismantled in the safest manner as early as possible after their closure.
Amendment 54 #
Proposal for a directive
Recital 34 a (new)
Recital 34 a (new)
(34a) It is necessary for workers along the whole chain of spent fuel and radioactive waste management to be protected and covered, regardless of their activity or status; it is necessary for the long term effects on the health and safety of workers to be considered in any management instrument for spent fuel and radioactive waste.
Amendment 55 #
Proposal for a directive
Recital 34 b (new)
Recital 34 b (new)
(34b) When this Directive is implemented, it is necessary that particular attention be given to workers at risk and that non- compliance with health and safety legislation be followed by immediate and effective sanctions.
Amendment 56 #
Proposal for a directive
Recital 34 c (new)
Recital 34 c (new)
(34c) Since, in many instances, the health consequences for workers of exposure to radioactivity do not emerge for years or decades, all documentation drawn up on the workers concerned in connection with the disposal of spent fuel and radioactive waste should be kept.
Amendment 57 #
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, in Member States' customary official publications, and opportunities for all concerned stakeholders to participate in the decision- making processes.
Amendment 58 #
Proposal for a directive
Recital 39 a (new)
Recital 39 a (new)
(39a) Union legislation on health and safety at work is also applicable to the management of spent fuel and radioactive waste.
Amendment 59 #
Proposal for a directive
Recital 41
Recital 41
(41) Maintaining and further developing competences and skills in the management of spent fuel and radioactive waste, as an essential element to ensure high levels of safety and to protect workers, should be based on a combination of learning through preventive training, operational experience, scientific research and technological development, and technical cooperation between all actors.
Amendment 60 #
Proposal for a directive
Article 1 – point 2
Article 1 – point 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 63 #
Proposal for a directive
Article 2 – point 1 – subpoint b
Article 2 – point 1 – subpoint b
(b) all stages of radioactive waste management, from generation up to disposal, when the radioactive waste results from civilian activities or is managed within civilian activitiesand including disposal;
Amendment 65 #
Proposal for a directive
Article 2 – point 2
Article 2 – point 2
(2) Waste from extractive industries which may be radioactive and falls within the scope of Directive 2006/21/EC shall notalso be subject to this Directive.
Amendment 69 #
Proposal for a directive
Article 2 – point 3
Article 2 – point 3
Amendment 71 #
Proposal for a directive
Article 3 – paragraph 1 – point 6
Article 3 – paragraph 1 – point 6
(6) ‘'radioactive waste’' means spent fuels, radioactive material in gaseous, liquid or solid form for which no further use is foreseen bthat originates from reprocessing and any othe Member State or by a natural or legal person whose decision is accepted by the Member State, andr radioactive material in gaseous, liquid or solid form which is controlled as radioactive waste by a competent regulatory authority under the legislative and regulatory framework of the Member State;
Amendment 73 #
Proposal for a directive
Article 3 – paragraph 1 – point 10
Article 3 – paragraph 1 – 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 final disposal if regarded as radioactive wasreprocessed or is considered as radioactive waste if no further use is envisaged for it for the following two years by the Member State or by a licence holder whose decision is accepted by the Member State;
Amendment 74 #
Proposal for a directive
Article 4 – point 2 – subpoint d
Article 4 – point 2 – subpoint d
(d) spent fuel and radioactive waste are safely managed, including in the long term. during a minimum of 250 years or even longer so long as they are hazardous to people and the environment;
Amendment 76 #
Proposal for a directive
Article 4 – point 2 – subpoint d a (new)
Article 4 – point 2 – subpoint d a (new)
(da) exposure of workers and the public to spent fuel and radioactive waste is avoided.
Amendment 77 #
Proposal for a directive
Article 4 – point 2 – subpoint d b (new)
Article 4 – point 2 – subpoint d b (new)
(db) measures are taken to cover the future health risks for exposed workers, including those not documented;
Amendment 78 #
Proposal for a directive
Article 4 – point 2 – subpoint d c (new)
Article 4 – point 2 – subpoint d c (new)
(dc) measures are taken which cover all workers involved in the processes relating to the management of spent fuel and radioactive waste, including those workers indirectly involved, such as transport workers, security workers, members of the armed forces and police officers;
Amendment 79 #
Proposal for a directive
Article 4 – point 2 – subpoint d d (new)
Article 4 – point 2 – subpoint d d (new)
(dd) there is joint and several liability so as to protect all actors involved in the management of spent fuel and radioactive waste.
Amendment 85 #
Proposal for a directive
Article 5 – point 1 – subpoint e
Article 5 – point 1 – subpoint e
(e) enforcement actions, including suspension of activities and modification or revocation of a licence, covering, inter alia, infringements of health and safety rules applicable to the workers concerned;
Amendment 87 #
Proposal for a directive
Article 6 – point 3 a (new)
Article 6 – point 3 a (new)
(3a) Member States shall ensure that the competent regulatory authority is empowered to order the suspension of operations in cases where safety is not guaranteed.
Amendment 88 #
Proposal for a directive
Article 6 – point 3 b (new)
Article 6 – point 3 b (new)
(3b) Member States shall ensure that the competent regulatory authority has the powers and resources needed to carry out regular nuclear safety assessments, investigations and controls and, where necessary, enforcement actions in the facilities, even during decommissioning. The health and safety of workers, including those employed by any subcontractors, as well as staffing levels and training shall form part of these assessments.
Amendment 89 #
Proposal for a directive
Article 6 – point 3 c (new)
Article 6 – point 3 c (new)
Amendment 90 #
Proposal for a directive
Article 6 – point 3 d (new)
Article 6 – point 3 d (new)
(3d) Member States shall ensure that the competent regulatory authority establishes or specifies a body which is to be responsible for conserving records relating to workers involved in the handling of spent fuel and radioactive waste for at least 50 years and for compiling records independently of the employer or subcontractor, in keeping with applicable data protection rules, and which is required to release information to the workers concerned and their descendants.
Amendment 93 #
Proposal for a directive
Article 7 – point 2
Article 7 – point 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- including the health and safety of workers and subcontractors and the safety of their facilities - in a systematic and verifiable manner. Licence holders shall report to the competent regulatory authority and other relevant competent organisations, representatives of their employees, subcontractors and the general public regarding the results of their assessments.
Amendment 94 #
Proposal for a directive
Article 7 – point 3
Article 7 – point 3
(3) The assessments referred to in paragraph 2 shall include verification that measures are in place to prevent accidents and physical attacks and mitigate the consequences of accidents and physical attacks, 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 95 #
Proposal for a directive
Article 7 – point 4
Article 7 – point 4
(4) Member States shall ensure that the national framework requires licence holders to establish and implement management systems which give due priority to safety and security and are regularly verified by the competent regulatory authority and workers’ representatives.
Amendment 96 #
Proposal for a directive
Article 7 – point 5
Article 7 – point 5
(5) Member States shall ensure that the national framework requires licence holders to provide for and maintain adequate financial and human resources to fulfil their obligations with respect to the safety of spent fuel and radioactive waste management, laid down in paragraphs 1 to 4, including for the long term over 250 years or more.
Amendment 98 #
Proposal for a directive
Article 8 – point 2
Article 8 – point 2
(2) The safety case and supporting safety assessment shall cover the siting, design, construction, operation, and decommissioning of a facility or closure of a disposal facility; the safety case shall specify the standards applied for this assessment. The long-term post-closure safety shall be addressed, in particular how it is ensured by passive means to the fullest extent possible. The safety case and supporting safety assessment shall include an assessment of the health and safety risks for workers, including those employed by subcontractors, and of the skill levels and number of staff required for the safe operation of the facility at all times, so that action can be taken in the event of an accident.
Amendment 99 #
Proposal for a directive
Article 8 – point 4
Article 8 – point 4
(4) The safety case and supporting safety assessment shall be submitted to the competent regulatory authority for approval. Representatives of the workers concerned shall be informed and consulted before the safety assessments are submitted to the competent regulatory authority.
Amendment 100 #
Proposal for a directive
Article 8 – point 4 a (new)
Article 8 – point 4 a (new)
(4a) The safety case shall cover not only the site but also any related issues, such as the transport of radioactive waste or spent fuel to or from the site.
Amendment 104 #
Proposal for a directive
Article 9
Article 9
Member States shall ensure that the national framework includes arrangements for education and training covering the needs of all parties with responsibilities for spent fuel and radioactive waste management in order to maintain and to further develop necessary expertise and skills. Member States shall pay special attention to parties indirectly involved and ensure that they are offered state-of-the- art, appropriate education and training before the operations involving radioactive waste and spent fuel are carried out.
Amendment 108 #
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, health and safety matters and occupational diseases which might occur following long-term exposure to radioactive emissions.
Amendment 109 #
Proposal for a directive
Article 11
Article 11
Member States shall ensure that appropriate quality assurance programmes, including education and training, concerning the safety of spent fuel and radioactive waste management are established and regularly implemented.
Amendment 111 #
Proposal for a directive
Article 12 – point 1
Article 12 – point 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 interests recognised in national legislation or international obligations such as, inter alia, security. Information directly relevant to the health and safety of workers and the public (in particular concerning radioactive and toxic emissions and exposure to emissions) must be made public, irrespective of the circumstances.
Amendment 113 #
Proposal for a directive
Article 14 – paragraph 1 – point 2
Article 14 – paragraph 1 – point 2
(2) concepts, plans and technical solutions from generation to disposal, with top priority being given to historic radioactive waste and spent fuel in intermediate storage pools;
Amendment 114 #
Proposal for a directive
Article 14 – paragraph 1 – point 7
Article 14 – paragraph 1 – point 7
(7) assessment of programme costs and the underlying basis and hypotheses for this assessment, which must include a profile over timedetailed plans on the number of inspections, the resources for inspection and the training of inspection bodies;