Nuclear Safety [EU]
Convention on Nuclear Safety
This Decision regards the Accession of the European Atomic Energy Community (Euratom) to the Convention on Nuclear Safety, adopted under the auspices of the International Atomic Energy Agency of the United Nations.
Commission Decision 1999/819/Euratom of 16 November 1999 concerning the accession to the 1994 Convention on Nuclear Safety by the European Atomic Energy Community (Euratom).
Context
The Convention on Nuclear Safety is an international convention which aims to improve nuclear safety worldwide.
All Member States of the European Union (EU) are party to the Convention. The Community established by the Euratom Treaty shares jurisdiction with Member States in the fields governed by the Convention. The Community acceded to the Convention on 30 January 2000.
Euratom Responsibilities
Euratom does not possess nuclear installations as defined in the Convention. The safety of nuclear installations is the main responsibility of the holder of the corresponding licence from the Member State on whose territory the installation has been set up. The responsibilities of Euratom within the Convention are derived from the provisions in the Treaty (Title II, Chapter 3) dealing with the protection of the health of workers and the general public against the dangers of ionising radiation as confirmed by the Court of Justice (judgment C-29/99).
Objectives
The Convention has three main objectives:
- to achieve and maintain a high level of nuclear safety through the enhancement of national measures and technical cooperation;
- to establish and maintain effective defences against radiological hazards in nuclear installations in order to protect people and the environment, etc.;
- to prevent nuclear accidents and limit their consequences.
The Convention does not give detailed safety standards but represents a commitment to the application of fundamental safety principles for nuclear installations.
Scope
The Convention applies to the safety of fixed civil nuclear power plants including facilities for storage, handling and treatment of radioactive materials that are on the same site and are directly related to the operation of the nuclear power plant.
Implementation
The parties to the Convention are committed to establishing a legislative and regulatory and administrative framework to ensure the safety of nuclear installations which provides for:
- the establishment of sufficient national safety requirements and regulations;
- a system for licensing nuclear installations and the prohibition of operating without a licence;
- a system of inspection and assessment. Comprehensive and systematic assessments should be carried out before the construction and commissioning of an installation and throughout its life;
- measures to enforce the regulations and the terms of licensing (suspension or revocation of licences, etc.).
The parties must set up an independent regulatory body to grant licenses and to ensure that the regulations are correctly implemented. The duties of this body must be effectively separated from those of any other organisation whose task is to promote or use nuclear energy.
Those responsible for the plants must draw up a strategy prioritising safety and a quality assurance programme to ensure that the requirements are met. Emergency measures must also be put in place, detailing the procedures for informing the relevant authorities, such as hospitals.
Each party to the Convention must submit to the other parties a report on the measures that they have taken to meet the requirements of the Treaty at regular review meetings.
Safety of Installations
The regulatory body is in charge of granting operating licences to nuclear installations. The Convention specifies assessment criteria for each phase in the life of an installation: siting, design and construction, and operation.
In choosing the site, one must consider, inter alia, its effect on the safety of the installation and the effects of the installation on individuals and the environment. Other contracting parties in the vicinity of the site must also be consulted if the installation is likely to have consequences for them.
Regarding design and construction, safety measures must be put in place against the release of radioactive materials and to make sure that the techniques and equipment used are proven by experience or testing, for example.
Authorisation to operate a nuclear installation is based on safety analysis and a commissioning plan. The management of the installation must conform with the regulations established by the national authorities. Programmes to collect and analyse data must also be introduced.
Each installation must also have on-site and off-site emergency plans to protect workers, the general public, the environment, etc. in the case of a radiological emergency.
Organisational arrangements
Parties meet at least once every three years. The parties look at reports on the measures that they have each taken to fulfil the Treaty obligations. The International Atomic Energy Agency (IAEA). provides the secretariat.
| Act | Entry into force | Deadline for transposition in the Member States | Official Journal |
| Decision 1999/819/Euratom | 16.11.1999 | – | OJ L 318 of 11.12.1999 |
| Amending act(s) | Entry into force | Deadline for transposition in the Member States | Official Journal |
| Decision 2004/491/Euratom | 1.5.2004 | – | OJ L 172 of 6.5.2004 |
Convention on Nuclear Safety
This Decision regards the Accession of the European Atomic Energy Community (Euratom) to the Convention on Nuclear Safety, adopted under the auspices of the International Atomic Energy Agency of the United Nations.
Commission Decision 1999/819/Euratom of 16 November 1999 concerning the accession to the 1994 Convention on Nuclear Safety by the European Atomic Energy Community (Euratom).
Context
The Convention on Nuclear Safety is an international convention which aims to improve nuclear safety worldwide.
All Member States of the European Union (EU) are party to the Convention. The Community established by the Euratom Treaty shares jurisdiction with Member States in the fields governed by the Convention. The Community acceded to the Convention on 30 January 2000.
Euratom Responsibilities
Euratom does not possess nuclear installations as defined in the Convention. The safety of nuclear installations is the main responsibility of the holder of the corresponding licence from the Member State on whose territory the installation has been set up.
The responsibilities of Euratom within the Convention are derived from the provisions in the Treaty (Title II, Chapter 3) dealing with the protection of the health of workers and the general public against the dangers of ionising radiation as confirmed by the Court of Justice (judgment C-29/99).
Objectives
The Convention has three main objectives:
- to achieve and maintain a high level of nuclear safety through the enhancement of national measures and technical cooperation;
- to establish and maintain effective defences against radiological hazards in nuclear installations in order to protect people and the environment, etc.;
- to prevent nuclear accidents and limit their consequences.
The Convention does not give detailed safety standards but represents a commitment to the application of fundamental safety principles for nuclear installations.
Scope
The Convention applies to the safety of fixed civil nuclear power plants including facilities for storage, handling and treatment of radioactive materials that are on the same site and are directly related to the operation of the nuclear power plant.
Implementation
The parties to the Convention are committed to establishing a legislative and regulatory and administrative framework to ensure the safety of nuclear installations which provides for:
- the establishment of sufficient national safety requirements and regulations;
- a system for licensing nuclear installations and the prohibition of operating without a licence;
- a system of inspection and assessment. Comprehensive and systematic assessments should be carried out before the construction and commissioning of an installation and throughout its life;
- measures to enforce the regulations and the terms of licensing (suspension or revocation of licences, etc.).
The parties must set up an independent regulatory body to grant licenses and to ensure that the regulations are correctly implemented. The duties of this body must be effectively separated from those of any other organisation whose task is to promote or use nuclear energy.
Those responsible for the plants must draw up a strategy prioritising safety and a quality assurance programme to ensure that the requirements are met. Emergency measures must also be put in place, detailing the procedures for informing the relevant authorities, such as hospitals.
Each party to the Convention must submit to the other parties a report on the measures that they have taken to meet the requirements of the Treaty at regular review meetings.
Safety of Installations
The regulatory body is in charge of granting operating licences to nuclear installations. The Convention specifies assessment criteria for each phase in the life of an installation: siting, design and construction, and operation.
In choosing the site, one must consider, inter alia, its effect on the safety of the installation and the effects of the installation on individuals and the environment. Other contracting parties in the vicinity of the site must also be consulted if the installation is likely to have consequences for them.
Regarding design and construction, safety measures must be put in place against the release of radioactive materials and to make sure that the techniques and equipment used are proven by experience or testing, for example.
Authorisation to operate a nuclear installation is based on safety analysis and a commissioning plan. The management of the installation must conform with the regulations established by the national authorities. Programmes to collect and analyse data must also be introduced.
Each installation must also have on-site and off-site emergency plans to protect workers, the general public, the environment, etc. in the case of a radiological emergency.
Organisational arrangements
Parties meet at least once every three years. The parties look at reports on the measures that they have each taken to fulfil the Treaty obligations. The International Atomic Energy Agency (IAEA). provides the secretariat.
| Act | Entry into force | Deadline for transposition in the Member States | Official Journal |
| Decision 1999/819/Euratom | 16.11.1999 | – | OJ L 318 of 11.12.1999 |
| Amending act(s) | Entry into force | Deadline for transposition in the Member States | Official Journal |
| Decision 2004/491/Euratom | 1.5.2004 | – | OJ L 172 of 6.5.2004 |
Convention on Nuclear Safety adopted in Vienna on 20 September 1994.
Declaration by the European Atomic Energy Community in accordance with the provisions of Article 30 (4) of the Convention on Nuclear Safety [Official Journal L 318 of 11.12.1999].
REPORTS ON THE IMPLEMENTATION OF THE CONVENTION
Report of 9 October 2001 on the implementation of the obligations of the Convention on Nuclear Safety [COM(2001) 568 final – Not published in the Official Journal].
This is the first Euratom report on the measures taken as a result of the Convention and refers to the health and safety provisions of the Euratom Treaty (Title II, Chapter 3), as well as Community legislation on radiation protection and emergency preparedness, for which Community jurisdiction was declared in Commission Decision 1999/819/Euratom (OJ L 318, 11.12.1999, p. 20). The report was presented at the second review meeting in Vienna in 2002.
Concerning radiation protection, Directive 96/29/Euratom lays down basic standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation. This directive is the central element of the legislation on radiation protection. It lays down, inter alia, the implementation procedure and fundamental principles.
There are two main pieces of European legislation on emergency preparedness. The first, Decision 87/600/Euratom, concerns the early exchange of information between authorities in the event of a radiologicial emergency. The second, Directive 89/618/Euratom, concerns informing the general public about measures to be taken in the event of an emergency.
Euratom also tackles the planned activities to improve safety. The key action ‘Nuclear Fission’ from the 5th Framework Programme for research (1998-2002) is an important framework for activity with the Joint Research Centre (JRC).
Report of 13 October 2004 (pdf ) on the implementation of the obligations under the Convention on Nuclear Safety– 3rd Review meeting of the Contracting Parties [C(2004) 3742 final – Not published in the Official Journal].
This is the second Euroatom report on measures taken as a result of the Convention. It refers to the provisions concerning health protection of the Euratom Treaty (Title II, Chapter 3), and Community legislation in the field of radiation protection and emergency preparedness. Having regard to the new Declaration (Council Decision of 15 December 2003, not published in the Official Journal), the report includes information in line with articles 7, and 14 to 19 of the Convention (legislative and regulatory framework, assessment and verification of safety, radiation protection, emergency preparedness, siting, design, construction and operation. It was presented at the third review meeting in Vienna in 2005.
Shipments of radioactive waste: supervision and control
The European Union has a system of prior authorisation for shipments of radioactive waste in order to provide greater protection against the dangers of ionising radiation. This system was established in 1992 and modified significantly in 2006.
Council Directive 2006/117/Euratom of 20 November 2006 on the
Supervision and control of shipments of radioactive waste and spent fuel.
The Directive concerns the Member States’ application of a system of control and prior authorisation for shipments of radioactive waste* and spent fuel*. It provides for a compulsory and common system of notification and a standard control document.
The Directive covers shipments of radioactive waste or spent fuel which have a point of departure, transit or destination in an EU Member State if the quantities or concentration are over certain limits fixed by Directive 96/29/Euratom, Article 3(2)(a) and (b). It does not apply to the following cases:
- shipments of sources being returned to a supplier, manufacturer or authorised installation;
- shipments of radioactive substances recovered through reprocessing and destined for a different use;
- shipments of natural radioactive substances which do not result from treatment.
The Directive allows Member States to ship spent fuel to another Member State for reprocessing, organise the return of radioactive waste after treatment to the country of origin and return shipments of radioactive substances which do not comply with the Directive to the country of origin.
Shipments of radioactive waste or spent fuel
To send a shipment of radioactive waste or spent fuel the holder must submit an application to the competent authorities in the country of origin. A single application may cover several shipments if the substances involved share the same characteristics and if the route (countries and borders crossed) and the competent authorities are the same.
Where waste is to be imported into the EU, the consignee must submit this application to the competent authorities of the country of destination. Where a shipment is made from a Member State to a third country, the competent authorities in the Member State of origin must contact the relevant authorities in the country of destination.
The shipment cannot be made until the competent authorities of the country of destination and of any country of transit have notified the competent authorities of the country of origin of their approval. The Directive stipulates a period of two months after receipt of the application for notification of approval or refusal. Refusal from a Member State of destination or transit must be justified with regard to the legislation on the shipment and management of radioactive waste or spent fuel.
The competent authorities in Member States of transit or destination may add conditions to the shipment. Nevertheless, for shipments within the Community, it is not possible to lay down conditions which are more stringent than those laid down by the national law of a Member State on the shipment of radioactive waste on its own territory.
The Directive prohibits the export of radioactive waste to African, Caribbean or Pacific (ACP) countries, in line with the Cotonou Agreement, to a destination south of latitude 60 south or to a third country which does not have the resources to manage the radioactive waste safely.
If the conditions applying to the shipment are not complied with or the shipment cannot be completed, a competent authority may decide that the radioactive waste must be returned to the holder if no safe alternative can be found.
A standard document is to be used for all shipments falling within the scope of the Directive. The model of the document and its annexes is to be drawn up by the Commission and published on 25 December 2008 at the latest.
The Commission is regularly to present summary reports on the implementation of this Directive to the Council, the European Parliament and the European Economic and Social Committee based on the Member States’ reports.
Background
From 25 December 2008 the Directive revokes and replaces Directive 92/3/Euratom, primarily in order to:
- ensure coherence with other Euratom Directives, including the Directive which this amends and Directive 2003/122/Euratom, and with international conventions;
- clarify the procedure (amendment and addition of definitions, removal of inconsistencies, simplification of the procedure between Member States, clarification of the use of languages, etc.);
- extend the scope to spent fuel, whether or not it is intended for reprocessing.
Physical protection of nuclear material and nuclear facilities
Convention on the Physical Protection of Nuclear Material and Nuclear Facilities
Decision 2008/99/EC, Euratom concerning the accession of the European Atomic Energy Community to the Convention on the Physical Protection of Nuclear Material and Nuclear Facilities
Decision 2007/513/Euratom approving the accession of the European Atomic Energy Community to the amended Convention on the Physical Protection of Nuclear Material and Nuclear Facilities
Aims
The convention seeks to:
secure nuclear material and facilities;
criminalise certain offences in this field;
establish cooperation between the signatory states.
Decision 2007/513/Euratom approves the accession of the European Atomic Energy Community (Euratom) to the Convention on the Physical Protection of Nuclear Material and Nuclear Facilities.
Decision 2008/99/EC, Euratom confirms the accession.
Key Points
The amended Convention on the Physical Protection of Nuclear Material and Nuclear Facilities aims at ensuring effective physical protection during the use, storage or transport of nuclear material used for peaceful purposes, as well as preventing and fighting crime associated with this material and these facilities.
It is based on the Convention on the Physical Protection of Nuclear Material (CPPNM), to which all EU countries are party.
Each party to the convention must draw up and implement measures to guarantee this effective protection to prevent, in particular, the theft or disappearance of nuclear material for which it is responsible, as well as sabotage of nuclear facilities on its territory. In a similar context, the Euratom Treaty (see summary) provides for a safeguards system which seeks to prevent nuclear materials from being diverted from their intended uses.
In implementing the convention, parties to it must respect a certain number of basic principles, in particular the principles of responsibility of the state and licence holders, of a culture of security, quality assurance and confidentiality.
Parties must:
ensure that the nuclear material they import, export or accept in transit on their territory is protected in accordance with the applicable safety level;
designate a competent authority responsible for applying the convention, as well as a point of contact, and give this information to the other signatory countries directly or through the depositary (the International Atomic Energy Agency);
cooperate in the event of theft, sabotage or risk of theft or sabotage — this cooperation in particular takes the form of sharing information while respecting the confidentiality of this information vis-à -vis third parties;
apply appropriate penalties to certain infringements, in line with their severity. In particular, the following are punishable:
acting without authorisation in a way that causes or is likely to cause death or serious injury
stealing of nuclear material
sabotaging of a nuclear installation
threatening to use nuclear material to cause death or serious injury of a third party or cause significant damage to property.
Any attempt to commit one of these acts and any involvement in such acts and organisation thereof is also punishable.
All parties have jurisdiction for infringements committed on their territory or on board a vessel or aircraft registered in the said state and when the person presumed to have committed the infringement is a native of the said state. These infringements are grounds for extradition between the contracting parties, who must also provide each other with the most extensive judicial assistance in the event of these infringements. Political motives for the infringement are not a reason for refusing extradition or mutual judicial assistance.
Application & Background
The original convention entered into force on 8 February 1987. With the adoption of Decision 2007/513, the EU approved the accession of Euratom to the amended Convention as of 10 July 2007.
The amendment to the CPPNM entered into force on 8 May 2016.
The CPPNM was adopted in 1979 and entered into force in 1987. It was amended in 2005 at a conference held with a view to strengthening its provisions.
Nuclear security conventions (International Atomic Energy Agency).
MAIN DOCUMENTS
Convention on the Physical Protection of Nuclear Material and Nuclear Facilities (OJ L 34, 8.2.2008, pp. 5-18)
Commission Decision 2008/99/EC, Euratom of 19 December 2007 concerning the accession of the European Atomic Energy Community to the Convention on the Physical Protection of Nuclear Material and Nuclear Facilities (OJ L 34, 8.2.2008, pp. 3-4)
Council Decision 2007/513/Euratom of 10 July 2007 approving the accession of the European Atomic Energy Community to the amended Convention on the Physical Protection of Nuclear Material and Nuclear Facilities (OJ L 190, 21.7.2007, pp. 12-14)
Safety of nuclear installations
The European Union has issued a directive aimed at ensuring the safety of nuclear installations (nuclear power stations, enrichment and reprocessing plants, etc.). The aim is to protect the population and workers against the risks those facilities present.
Council Directive 2009/71/Euratom of 25 June 2009 establishing a Community framework for the nuclear safety of nuclear installations.
The directive establishes a European framework for maintaining and promoting consistent improvement of nuclear safety and its regulation. It sets an ambitious safety goal across the EU in order to prevent accidents and avoid radioactive waste from nuclear installations.
Obligations incumbent upon EU countries
to put in place a national framework for the safety of nuclear installations;
to establish an independent national safety authority, responsible for supervising the activities of nuclear power operators;
to carry out an initial safety assessment prior to construction of a nuclear facility and to re-assess installation safety at least every 10 years;
to ensure workers and citizens have access to transparent information on nuclear installations, both during normal operation and in case of incident or accident;
to hold periodic self-evaluations of their national framework and regulatory authorities every 10 years;
to request a peer review on specific safety issues, to be carried out every 6 years by safety authorities in EU countries, having recourse to the European Nuclear Safety Regulators Group (Ensreg) and based on the expertise of the Western European Nuclear Regulators Association (WENRA); the first review will begin in 2017;
to plan an organisational structure within their national framework in order to prepare for emergency situations and interventions on-site.
Responsibilities incumbent upon other stakeholders
The permit holder is chiefly responsible for nuclear safety and can in no event delegate this responsibility. S/he is responsible for assessing and continuously improving the safety of nuclear installations.
The directive highlights the importance of the human factor in promoting a culture of nuclear safety through education and continuous training of staff responsible for facility safety.
Application & Background
Directive 2009/71/Euratom came into force on 22.7.2009 and Directive 2014/87/Euratom on 14.8.2014.
A framework for ensuring nuclear safety within the EU has been adopted since 2009. After the accident in Fukushima in 2011, the Commission conducted a comprehensive assessment campaign of the risks concerning the safety of nuclear installations across the EU. Based on these tests, the Commission aimed to improve the regulation in force.
Additional information can be found on the Ensreg and WENRA websites.
See also the Commission’s DG Energy site, under the Nuclear safety tab, as well as the Commission’s press release on the new EU directive on nuclear safety and the Council’s press release on the adoption of this directive.
References
Act
Entry into force
Transposition in the Member States
Official journal
Directive 2009/71/Euratom
22.7.2009
22.7.2011
OJ L 172, 2.7.2009, pp. 18-22
Council Directive 2014/87/Euratom
14.8.2014
15.8.2017
OJ L 219, 25.7.2014, pp. 42-52
Safety of nuclear installations
The European Union has issued a directive aimed at ensuring the safety of nuclear installations (nuclear power stations, enrichment and reprocessing plants, etc.). The aim is to protect the population and workers against the risks those facilities present.
Council Directive 2009/71/Euratom of 25 June 2009 establishing a Community framework for the nuclear safety of nuclear installations.
The directive establishes a European framework for maintaining and promoting consistent improvement of nuclear safety and its regulation. It sets an ambitious safety goal across the EU in order to prevent accidents and avoid radioactive waste from nuclear installations.
Obligations incumbent upon EU countries
to put in place a national framework for the safety of nuclear installations;
to establish an independent national safety authority, responsible for supervising the activities of nuclear power operators;
to carry out an initial safety assessment prior to construction of a nuclear facility and to re-assess installation safety at least every 10 years;
to ensure workers and citizens have access to transparent information on nuclear installations, both during normal operation and in case of incident or accident;
to hold periodic self-evaluations of their national framework and regulatory authorities every 10 years;
to request a peer review on specific safety issues, to be carried out every 6 years by safety authorities in EU countries, having recourse to the European Nuclear Safety Regulators Group (Ensreg) and based on the expertise of the Western European Nuclear Regulators Association (WENRA); the first review will begin in 2017;
to plan an organisational structure within their national framework in order to prepare for emergency situations and interventions on-site.
Responsibilities incumbent upon other stakeholders
The permit holder is chiefly responsible for nuclear safety and can in no event delegate this responsibility. S/he is responsible for assessing and continuously improving the safety of nuclear installations.
The directive highlights the importance of the human factor in promoting a culture of nuclear safety through education and continuous training of staff responsible for facility safety.
Application & Background
Directive 2009/71/Euratom came into force on 22.7.2009 and Directive 2014/87/Euratom on 14.8.2014.
A framework for ensuring nuclear safety within the EU has been adopted since 2009. After the accident in Fukushima in 2011, the Commission conducted a comprehensive assessment campaign of the risks concerning the safety of nuclear installations across the EU. Based on these tests, the Commission aimed to improve the regulation in force.
Additional information can be found on the Ensreg and WENRA websites.
See also the Commission’s DG Energy site, under the Nuclear safety tab, as well as the Commission’s press release on the new EU directive on nuclear safety and the Council’s press release on the adoption of this directive.
References
Act
Entry into force
Transposition in the Member States
Official journal
Directive 2009/71/Euratom
22.7.2009
22.7.2011
OJ L 172, 2.7.2009, pp. 18-22
Council Directive 2014/87/Euratom
14.8.2014
15.8.2017
OJ L 219, 25.7.2014, pp. 42-52