Activites

• 2009/07/02 Final act published in Official Journal
  • Directive 2009/71
  • OJ L 172 02.07.2009, p. 0018
• #2953
• 2009/06/25 Council Meeting
• 2009/06/25 End of procedure in Parliament
• 2009/06/25 Act adopted by Council after consultation of Parliament
• 2009/04/22 Results of vote in Parliament
  • Results of vote in Parliament
  • T6-0254/2009 summary

    The European Parliament adopted by 511 votes to 116, with 36 abstentions, a legislative resolution amending, under the consultation procedure, the proposal for a Council directive (Euratom) setting up a Community framework for nuclear safety.The main amendments are as follows:Objective and scope: Members stress that the Directive aims at creating a Community framework for nuclear safety in the EU. It sets out a foundation for legislation and regulatory arrangements in the Member States concerning nuclear safety and aims at achieving, maintaining and continuously improving nuclear safety in the Community and to enhance the role of the national regulatory bodies.The directive will apply to work carried out by subcontractors used by operators. Definitions: Parliament made some amendments to the definitions of “nuclear installation”, “regulatory body", "licence" and “new power reactors”.Legal framework for the safety of nuclear installations: the amended article is a reorganisation of the text and concerns the obligation of Member States to adopt a legislative and regulatory framework ensuring the regulation and the supervision of nuclear installations. This includes: (i) an appropriate regulatory framework, notably providing for national safety requirements, licensing system and regulatory inspections, and the right for Member States to impose more stringent safety measures; (ii) a priority given to safety policies; (iii) a peer review of the regulatory framework and regulatory body in place. The text specifies that Member States shall ensure that at least every 10 years the regulatory body and the national regulatory system is submitted to an international peer review aimed at continuously improving the regulatory infrastructure. The results of the international peer review must be notified to the Commission.Designation and responsibilities of the regulatory bodies: this reorganised article is dedicated to the regulatory body, its tasks, resources and competences. The independence of the regulatory body as regards governments and nuclear industry policy is strengthened and further developed. The regulatory body must be legally distinct and functionally independent from any other public or private entity. The staff of the regulatory body and the persons responsible for its management must act independently from any market interest and shall not seek or take instructions from any government or other public or private entity, when carrying out its regulatory duties.The national regulatory body is responsible for regulating, supervising and assessing the safety of nuclear installations. Parliament deleted the clause enabling regulatory authorities to grant licences. The regulatory body must carry out nuclear safety assessments, investigations and controls and, where necessary, enforcement actions in nuclear installations throughout their lifetime, including during decommissioning. It must be empowered to order the suspension of operations of any nuclear installations in cases where safety is not guaranteed.Regulatory bodies of Member States shall exchange best regulatory practice and develop a common understanding of internationally accepted nuclear safety requirements.Transparency: Member States shall inform the public and the Commission about the procedures and the results of the surveillance activities on nuclear safety and shall inform the public immediately in the event of any incident.Safety requirements for nuclear installations: Members note that the International Atomic Energy Agency (IAEA) rules should reflect best international practice as regards safety requirements and therefore constitute a good basis for Community legislation. They cannot be introduced into Community law by simple reference to the IAEA Safety Standards Series No. SF-1 (2006) in this Directive. An Annex containing the Fundamental Safety Principles is inserted into the text, in order to make observance of the principles legally binding. Accordingly, an Annex entitled “Safety Objectives” is added to the text. In addition, Members deleted the reference to additional safety requirements which must be 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. Parliament considered that the reference to the safety levels developed by WENRA, as regard new nuclear reactor, cannot be inserted in the core of the Directive since common safety reference levels for future reactors are not mature yet.The Commission shall ensure that all third countries that wish to enter or are in the process of negotiating their accession to the EU will comply, as a minimum, with the standards set out in the Directive and the principles in the Annex, as set by the IAEA.Responsibilities of licence holders: Parliament confirms that the prime responsibility for the safety of nuclear installations, throughout the lifetime of the nuclear installations, shall rest with the holder of the licence. This responsibility of the licence holder cannot be delegated. licence holders are responsible for the design , construction , operation and decommissioning of their nuclear installations in accordance with the provisions set out in the text. It adds that the regulatory body must assess regularly the sufficiency and qualifications of the staff of the licence holder, as a prerequisite for ensuring nuclear safety, on the basis of a report presented by the licence holder on the evaluation of employment issues such health and safety and the safety culture, qualifications and training, numbers of staff employed and use of subcontractors.In addition, the relevant regulatory authorities shall, every 3 years, present a report on nuclear safety and safety culture. The Commission, in consultation with the European social partners, may propose improvements to ensure nuclear safety including health protection at the highest possible level in the EU.Report: Member States shall report to the Commission on the implementation of this Directive at the same time and frequency as for their national reports under review meetings of the Convention of the Nuclear Safety.

• 2009/04/21 Debate in Parliament
  • Debate in Parliament
• 2009/04/03 Committee report tabled for plenary, 1st reading/single reading
  • A6-0236/2009
• 2009/03/31 Vote in committee, 1st reading/single reading
• 2009/02/03 Committee referral announced in Parliament, 1st reading/single reading
• 2008/11/26 Legislative proposal published
  • COM(2008)0790 summary

    PURPOSE: to re-start the process of establishing a common EU framework on nuclear safety with the objective of achieving and maintaining a high comparable level of nuclear safety throughout the Community.PROPOSED ACT: Council Directive (Euratom).BACKGROUND: on 30 January 2003, the Commission adopted two proposals of Directives dealing respectively with the safety of nuclear facilities and the management of spent fuel and radioactive waste.At the same time, both proposals were discussed in the Council, under the Italian and Irish Presidencies. As a majority allowing the adoption or the rejection of both proposals was not possible to be obtained, it was agreed that Council conclusions would be worked out by consensus. Draft Conclusions on nuclear safety and on the safety of the management of spent nuclear fuel and radioactive waste were adopted by the Council in June 2004, leading to the creation of the Council Working Party on Nuclear Safety (WPNS). The renewed interest in nuclear power expressed by a number of Member States, with the perspective of numerous life extensions and construction of new plants, makes the timing of this revised proposal particularly appropriate. It is evident that the effects of radiological incidents do not stop at borders, with potential consequences both for the health of workers and citizens, but also wide ranging economic implications for the energy generating industry. Enacting in binding Community legislation internationally endorsed nuclear safety principles would ensure an additional level of guarantee for the public in the EU. CONTENT: the present draft Directive setting up a Community framework on Nuclear Safety aims at restarting the process of establishing a common EU framework on nuclear safety, by updating and replacing the 2003 Commission proposal for a Council (Euratom) Directive setting out basic obligations and general principles on the safety of nuclear installations, included in the initial Nuclear Safety Package.Its basic approach is that a set of common principles in the field of nuclear safety, already  included in the CNS, are regulated at Community level, supplemented with additional safety requirements for new nuclear power reactors, which Member States are encouraged to develop in line with the principle of continuous improvement of safety, on the basis of the safety levels developed by WENRA and in close collaboration with the European High Level Group on Nuclear Safety and Waste Management (HLG). In addition, the revised legislative proposal builds on the technical work of the Western European Nuclear Regulators Association (WENRA) completed in 2006 for existing nuclear installations, with the participation of all European nuclear safety regulators.The main provisions of the proposal are as follows: Responsibility and framework for the safety of nuclear installations: responsibility for the safety of nuclear installations reflects one of the fundamental principles of nuclear safety. The prime responsibility for the safety of nuclear installations, throughout their lifetime, rests with the holder of the license under the control of the regulatory body. Furthermore, the safety measures and controls to be implemented in a nuclear installation shall be decided only by the regulatory body and realised by the licence holder. Member States should establish and maintain a legislative and regulatory framework for nuclear safety. This provision is already adhered to by all Member States and should not pose any difficulty for implementation.Regulatory bodies: the proposal reinforces the role and the independence of the national regulatory bodies, building on their competencies. In order to facilitate autonomous decisions giving priority to nuclear safety, the effective independence of the regulatory body from all organizations tasked to promote, operate nuclear installations or justify societal benefits, as well as its freedom from undue influence must be ensured. The regulatory body, provided with adequate authority, competence and financial and human resources to fulfil its responsibilities and duties, will:be entrusted with the supervision and regulation of the safety of nuclear installations, as well as with ensuring of the implementation of safety requirements, conditions and regulations;have the responsibility of granting licences and monitoring their application on siting, design, construction, commissioning, operation or decommissioning of nuclear installations;have the duty to ensure that licence holder have staff in sufficient numbers and level of qualification to run the installations.In order to continuously improve the regulatory infrastructure, the regulatory body and the national regulatory structure will be subject to periodic international peer reviews.In the framework of this provision, the national regulatory bodies and the regulatory systems will be subject to regular international peer review missions by the IAEA International Regulatory Review Service (IRRS) missions, and subscribe to prepare at least a self assessment every ten years.Transparency: the provisions set out respond to the necessity ensure access to reliable information and to allow the public to participate to a transparent decision-making process.Safety requirements and regulations for nuclear installations: the proposal reiterates and reinforces Member States' obligation to respect the IAEA safety fundamentals as well as to observe the internationally agreed obligations and requirements of the CNS.As regards the safety of new nuclear power reactors, Member States are encouraged to develop additional safety requirements, in line with the continuous improvement of safety on the basis of the safety levels developed by WENRA, and in close collaboration with the HLG. In this context, it should be underlined that, once the Council has agreed on the text of the Directive, the Commission will adapt accordingly the mandate of the HLG as established by its founding Commission Decision.Obligations of licence holders: this proposal sums up the obligations of licence holders for fulfilling the requirements as regards nuclear safety  and emphasises their duties to establish and implement management systems and possess adequate financial and human resources for nuclear safety.Supervision: the nuclear safety assessments, investigations, control and enforcement actions of the regulatory body must be carried out throughout the whole lifetime of installations, including during decommissioning. This is another commonly agreed principle. In order to strengthen the powers of European regulators, the present Directive provides for extended regulatory powers in the interest of safety. In case of serious or repeated safety rules breaches, the regulatory body shall have the power to withdraw the operating licence and order the suspension of operations of any plant if it deems that safety is not fully guaranteed. Nuclear safety expertise: appropriate education and training opportunities for continuous theoretical and practical training in nuclear safety shall be made available by Member States separately and through trans-national cooperation.Priority to safety: in line with the principle of priority of safety, Member States have the possibility to impose at national level more stringent safety measures than those provided for in the draft Directive.

  • DG Energy and Transport, PIEBALGS Andris

Documents

• Legislative proposal published: COM(2008)0790
• Committee report tabled for plenary, 1st reading/single reading: A6-0236/2009
• Debate in Parliament: Debate in Parliament
• Results of vote in Parliament: Results of vote in Parliament
• Decision by Parliament, 1st reading/single reading: T6-0254/2009
• : Directive 2009/71
• : OJ L 172 02.07.2009, p. 0018

History

(these mark the time of scraping, not the official date of the change)