HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 199/48
EN
Official Journal of the European Union
2.8.2011
DIRECTIVES
COUNCIL DIRECTIVE 2011/70/EURATOM
of 19 July 2011
establishing a Community framework for the responsible and safe management of spent fuel and
radioactive waste
THE COUNCIL OF THE EUROPEAN UNION,
Euratom Treaty, on health and safety, form a coherent
whole conferring upon the Commission powers of some
considerable scope in order to protect the population
Having regard to the Treaty establishing the European Atomic
and the environment against the risks of nuclear
Energy Community, and in particular Articles 31 and 32
contamination ( 4 ).
thereof,
Having regard to the proposal from the European Commission,
drawn up after obtaining the opinion of a group of persons
(6) Council
Decision
87/600/Euratom
of
14
December
1987
appointed by the Scientific and Technical Committee from
on Community arrangements for the early exchange of
among scientific experts in the Member States,
information in the event of a radiological emergency ( 5 )
established a framework for notification and provision of
information to be used by the Member States in order to
protect the general public in case of a radiological
Having regard to the opinion of the European Economic and
emergency. Council Directive 89/618/Euratom of
Social Committee ( 1 ),
27 November 1989 on informing the general public
about health protection measures to be applied and
steps to be taken in the event of a radiological
Having regard to the opinion of the European Parliament ( 2 ),
emergency ( 6 ) imposed obligations on the Member
States to inform the general public in the event of a
radiological emergency.
Whereas:
(1) Article
2(b)
of
the
Treaty
establishing
the
European
Atomic Energy Community (‘Euratom Treaty’) provides
(7) Council
Directive
2003/122/Euratom
( 7 ) provides for the
for the establishment of uniform safety standards to
control of high-activity sealed radioactive sources and
protect the health of workers and of the general public.
orphan sources, including disused sources. In accordance
with the Joint Convention on the Safety of Spent Fuel
Management and on the Safety of Radioactive Waste
(2)
Article 30 of the Euratom Treaty provides for the estab
Management (‘the Joint Convention’) and the Inter
lishment of basic standards for the protection of the
national Atomic Energy Agency (IAEA) Code of
health of workers and the general public against the
Conduct on the Safety and Security of Radioactive
dangers arising from ionising radiations.
Sources, and current industrial practices, disused sealed
sources can be reused, recycled or disposed of. In many
cases, this needs a return of the source or return of the
(3) Article
37
of
the
Euratom
Treaty
requires
Member
States
equipment, including the source, to a supplier or a
to provide the Commission with general data relating to
manufacturer, for requalification or processing.
any plan for the disposal of radioactive waste.
(4) Council
Directive
96/29/Euratom
( 3 ) establishes basic
(8) Directive
2006/21/EC
of
the
European
Parliament
and
of
safety standards for the protection of the health of
the Council of 15 March 2006 on the management of
workers and the general public against the dangers
waste from extractive industries
(
arising from ionising radiation. That Directive has been

8 ) covers the
management of waste from extractive industries which
supplemented by more specific legislation.
may be radioactive, but excluding such aspects as are
specific to radioactivity, which are matters dealt with
under the Euratom Treaty.
(5)
As recognised by the Court of Justice of the European
Union in its case-law, the provisions of Chapter 3 of the
( 4 ) C-187/87 (1988 ECR p.5013) and C-29/99 (2002 ECR p. I-11221).
( 5 ) OJ L 371, 30.12.1987, p. 76.
( 1 ) Opinion of 4 May 2011 (not yet published in the Official Journal).
( 6 ) OJ L 357, 7.12.1989, p. 31.
( 2 ) Opinion of 23 June 2011 (not yet published in the Official Journal).
( 7 ) OJ L 346, 31.12.2003, p. 57.
( 3 ) OJ L 159, 29.6.1996, p. 1.
( 8 ) OJ L 102, 11.4.2006, p. 15.

---

EN
2.8.2011 Official
Journal
of
the
European
Union L
199/49
(9) Council
Directive
2006/117/Euratom
( 1 ) lays down a
at achieving and maintaining a high level of safety
European Atomic Energy Community (‘Community’)
worldwide in spent fuel and radioactive waste
system of supervision and control of transboundary
management through the enhancement of national
shipments of radioactive waste and spent fuel. That
measures and international cooperation.
Directive was supplemented by Commission Recommen
dation 2008/956/Euratom of 4 December 2008 on
criteria for the export of radioactive waste and spent
fuel to third countries ( 2 ).
(15) Some Member States have already participated and
intend to participate further in the US-Russian driven
programme, called the Global Threat Reduction Initiative,
(10) Council
Directive
2009/71/Euratom
of
25
June
2009
by shipping the spent fuel of research reactors to the
establishing a Community framework for the nuclear
United States of America and to the Russian Federation.
safety of nuclear installations ( 3 ) imposes obligations on
the Member States to establish and maintain a national
framework for nuclear safety. While that Directive
concerns principally the nuclear safety of nuclear instal
(16) In 2006, the IAEA updated the structure of standards
lations, it states that it is also important to ensure the
and published the Fundamental Safety Principles, which
safe management of spent fuel and radioactive waste,
were jointly sponsored by the Community, the Organi
including at storage and disposal facilities. Therefore,
sation for Economic Cooperation and Development/
those facilities, addressed both in Directive
Nuclear Energy Agency and other international organi
2009/71/Euratom and in this Directive, should not be
sations. Applying the Fundamental Safety Principles will
subject to disproportionate or unnecessary obligations,
facilitate the application of international safety standards
especially as regards reporting.
and will make for greater consistency between the
arrangements of different states.
(11) Directive
2003/35/EC
of
the
European
Parliament
and
of
the Council of 26 May 2003 providing for public partici
pation in respect of the drawing up of certain plans and
(17) Following
the
Council’s
invitation
to
set
up
a
High
Level
programmes relating to the environment ( 4 ) applies to
Group at EU level, as recorded in its Conclusions of
certain plans and programmes within the scope of
8 May 2007 on Nuclear Safety and Safe Management
Directive 2001/42/EC of the European Parliament and
of Spent Nuclear Fuel and Radioactive Waste, the
of the Council of 27 June 2001 on the assessment of
European Nuclear Safety Regulators Group (ENSREG)
the effects of certain plans and programmes on the
was set up by Commission Decision 2007/530/Euratom
environment ( 5 ).
of 17 July 2007 on establishing the European High Level
Group on Nuclear Safety and Waste Management ( 7 ) to
contribute to the achievement of the Community
objectives in the field of spent fuel and radioactive
(12) Commission Recommendation 2006/851/Euratom of
24 October 2006 on the management of the financial
waste management. The conclusions and recommen
resources for the decommissioning of nuclear instal
dations of ENSREG were reflected in the Council
lations, spent fuel and radioactive waste (
Resolution of 16 December 2008 on Spent Fuel and

6 ) focuses on
the adequacy of funding, its financial security and its
Radioactive Waste Management and the Council
transparency in order to ensure that the funds are only
Conclusions of 10 November 2009 on the report by
used for the intended purposes.
the European Nuclear Safety Regulators Group.


(13) Under the specific terms of accession of Lithuania,
(18) The
European
Parliament
adopted
on
10
May
2007
a
Slovakia and Bulgaria to the European Union, where
Resolution ‘Assessing Euratom – 50 Years of European
certain nuclear power plants were subject to early
nuclear energy policy’ where it called for harmonised
shutdown, the Community has taken part in the raising
standards for radioactive waste management and invited
of financial resources and provides financial support
the Commission to review the relevant drafts of its legis
subject to certain conditions to various decommissioning
lative proposal and submit a new proposal for a directive
projects, including management of radioactive waste and
on radioactive waste management.
spent fuel.
(14) The
Joint
Convention,
concluded
under
the
auspices
of
(19) While
each
Member
State
remains
free
to
define
its
the IAEA, represents an incentive instrument which aims
energy mix, all Member States generate radioactive
waste from power generation or in the course of
( 1 ) OJ L 337, 5.12.2006, p. 21.
industrial, agricultural, medical and research activities,
( 2 ) OJ L 338, 17.12.2008, p. 69.
or through decommissioning of nuclear facilities or in
( 3 ) OJ L 172, 2.7.2009, p. 18.
situations of remediation and interventions.
( 4 ) OJ L 156, 25.6.2003, p. 17.
( 5 ) OJ L 197, 21.7.2001, p. 30.
( 6 ) OJ L 330, 28.11.2006, p. 31.
( 7 ) OJ L 195, 17.7.2007, p. 44.

---

L 199/50
EN
Official Journal of the European Union
2.8.2011
(20) The
operation
of
nuclear
reactors
generates
spent
fuel.
of existing nuclear installations. Through the implemen
Each Member State remains free to define its fuel cycle
tation of this Directive Member States will have demon
policy. The spent fuel can be regarded either as a valuable
strated that they have taken reasonable steps to ensure
resource that may be reprocessed or as radioactive waste
that that objective is met.
that is destined for direct disposal. Whatever option is
chosen, the disposal of high-level waste, separated at
reprocessing, or of spent fuel regarded as waste should
(25) The
ultimate
responsibility
of
Member
States
for
the
be considered.
safety of spent fuel and radioactive waste management
is a fundamental principle reaffirmed by the Joint
Convention. That principle of national responsibility, as
well as the principle of prime responsibility of the licence
(21) Radioactive
waste,
including
spent
fuel
considered
as
holder for the safety of spent fuel and radioactive waste
waste, requires containment and isolation from humans
management under the supervision of its competent
and the living environment over the long term. Its
regulatory authority, should be enhanced and the role
specific nature, namely that it contains radionuclides,
and independence of the competent regulatory
requires arrangements to protect human health and the
authority should be reinforced by this Directive.
environment against dangers arising from ionising
radiation, including disposal in appropriate facilities as
the end location point. The storage of radioactive
(26) It is understood that the utilisation of radioactive sources
waste, including long-term storage, is an interim
by a competent regulatory authority for the purpose of
solution, but not an alternative to disposal.
carrying out its regulatory tasks does not affect its inde
pendence.
(22) A
national
radioactive
waste
classification
scheme
should
(27) Member
States
should
ensure
that
adequate
funding
is
support those arrangements, taking fully into account the
available for the management of spent fuel and radio
specific types and properties of radioactive waste.
active waste.
(28) Member
States
should
establish
national
programmes
to
ensure the transposition of political decisions into clear
(23) The
typical
disposal
concept
for
low
and
intermediate-
provisions for the timely implementation of all steps of
level waste is near-surface disposal. It is broadly accepted
spent fuel and radioactive waste management from
at the technical level that, at this time, deep geological
generation to disposal. It should be possible for such
disposal represents the safest and most sustainable option
national programmes to be in the form of a single
as the end point of the management of high-level waste
reference document or a set of documents.
and spent fuel considered as waste. Member States, while
retaining responsibility for their respective policies in
respect of the management of their spent fuel and low,
intermediate or high-level radioactive waste, should
(29) It is understood that national arrangements for the safety
include planning and implementation of disposal
of spent fuel and radioactive waste management will be
options in their national policies. Since the implemen
applied through some form of legal, regulatory or organi
tation and development of a disposal facility will take
sational instrument, the choice of which rests within the
place over many decades, many programmes recognise
competence of the Member States.
the necessity of remaining flexible and adaptable, e.g. in
order to incorporate new knowledge about site
conditions or the possible evolution of the disposal
(30) The
different
steps
in
spent
fuel
and
radioactive
waste
system. The activities conducted under the Implementing
management are closely interrelated. Decisions taken in
Geological Disposal of Radioactive Waste Technology
one individual step may affect a subsequent step.
Platform (IGD-TP) could facilitate access to expertise
Therefore such interdependencies should be taken into
and technology in this respect. To that end, reversibility
account when developing national programmes.
and retrievability as operating and design criteria may be
used to guide the technical development of a disposal
system. However, those criteria should not be a substitute
(31) Transparency is important in the management of spent
for a well designed disposal facility that has a defensible
fuel and radioactive waste. Transparency should be
basis for closure. A compromise is needed as the
provided by ensuring effective public information and
management of radioactive waste and spent fuel is
opportunities for all stakeholders concerned, including
based on state-of-the-art science and technology.
local authorities and the public, to participate in the
decision-making processes in accordance with national
and international obligations.
(24) It
should
be
an
ethical
obligation
of
each
Member
State
to avoid any undue burden on future generations in
(32) Cooperation
between
Member
States
and
at
an
inter
respect of spent fuel and radioactive waste including
national level could facilitate and accelerate decision-
any radioactive waste expected from decommissioning
making through access to expertise and technology.

---

EN
2.8.2011 Official
Journal
of
the
European
Union L
199/51
(33) Some Member States consider that the sharing of
active waste, as an essential element to ensure high levels
facilities for spent fuel and radioactive waste
of safety, should be based on learning through oper
management, including disposal facilities, is a potentially
ational experience.
beneficial, safe and cost-effective option when based on
an agreement between the Member States concerned.
(39) Scientific research and technological development
supported by technical cooperation between actors may
open horizons to improve the safe management of spent
(34) The
documentation
of
the
decision-making
process
as
it
fuel and radioactive waste, as well as contribute to
relates to safety should be commensurate with the levels
reducing the risk of the radiotoxicity of high-level waste.
of risk (graded approach) and should provide a basis for
decisions related to the management of spent fuel and
(40) Peer
review
could
serve
as
an
excellent
means
of
building
radioactive waste. This should enable the identification of
confidence and trust in the management of radioactive
areas of uncertainty on which attention needs to be
waste and spent fuel in the European Union, with the
focused in an assessment of safety. Safety decisions
aim of developing and exchanging experience and
should be based on the findings of an assessment of
ensuring high standards,
safety and information on the robustness and reliability
of that assessment and the assumptions made therein.
The decision-making process should therefore be based
HAS ADOPTED THIS DIRECTIVE:
on a collection of arguments and evidence that seek to
demonstrate that the required standard of safety is
CHAPTER 1
achieved for a facility or activity related to the
management of spent fuel and radioactive waste. In the
SCOPE, DEFINITIONS AND GENERAL PRINCIPLES
particular case of a disposal facility, the documentation
Article 1
should improve understanding of those aspects
influencing the safety of the disposal system, including
Subject-matter
natural (geological) and engineered barriers, and the
1. This
Directive
establishes
a
Community
framework
for
expected development of the disposal system over time.
ensuring responsible and safe management of spent fuel and
radioactive waste to avoid imposing undue burdens on future
generations.
(35) A Member State which has no spent fuel, no immediate
prospect of having spent fuel and no present or planned
2. It
ensures
that
Member
States
provide
for
appropriate
activities related to spent fuel, would be under a dispro
national arrangements for a high level of safety in spent fuel
portionate and unnecessary obligation if it had to
and radioactive waste management to protect workers and the
transpose and implement the provisions of this
general public against the dangers arising from ionising
Directive with regard to spent fuel. Therefore, such
radiation.
Member States should be exempted, for as long as they
have not taken a decision to develop any activity related
to nuclear fuel, from the obligation to transpose and
3. It
ensures
the
provision
of
necessary
public
information
implement the provisions related to spent fuel of this
and participation in relation to spent fuel and radioactive waste
Directive.
management while having due regard to security and
proprietary information issues.
(36) A
Treaty
between
the
government
of
the
Republic
of
4. Without
prejudice
to
Directive
96/29/Euratom,
this
Slovenia and the government of the Republic of
Directive supplements the basic standards referred to in
Croatia on the regulation of the status and other legal
Article 30 of the Euratom Treaty as regards the safety of
relations regarding investment, exploitation and decom
spent fuel and radioactive waste.
missioning of the Krko nuclear power plant governs the
co-ownership of a nuclear power plant. That Treaty
Article 2
provides for shared responsibility for the management
and disposal of radioactive waste and spent fuel.
Scope
Therefore an exemption to certain provisions of this
1. This Directive shall apply to all stages of:
Directive should be laid down in order not to hinder
the full implementation of that bilateral Treaty.
(a) spent fuel management when the spent fuel results from
civilian activities;
(37) While
recognising
that
radiological
and
non-radiological
(b) radioactive waste management, from generation to disposal,
hazards associated with spent fuel and radioactive waste
when the radioactive waste results from civilian activities.
should be taken into account in the national framework,
this Directive does not cover non-radiological hazards,
which fall under the Treaty on the Functioning of the
2. This
Directive
shall
not
apply
to:
European Union.
(a) waste from extractive industries which may be radioactive
and which falls within the scope of Directive 2006/21/EC;
(38) Maintenance
and
further
development
of
competences
and skills in the management of spent fuel and radio
(b) authorised releases.

---

L 199/52
EN
Official Journal of the European Union
2.8.2011
3. Article
4(4)
of
this
Directive
shall
not
apply
to:
construction, commissioning, operation, decommissioning
or closure of a spent fuel management facility or of a
radioactive waste management facility;
(a) repatriation of disused sealed sources to a supplier or manu
facturer;
(6) ‘licence holder’ means a legal or natural person having
(b) shipment of spent fuel of research reactors to a country
overall responsibility for any activity or facility related to
where research reactor fuels are supplied or manufactured,
the management of spent fuel or radioactive waste as
taking into account applicable international agreements;
specified in a licence;
(c) the waste and spent fuel of the existing Krko nuclear power
(7) ‘radioactive waste’ means radioactive material in gaseous,
plant, when it concerns shipments between Slovenia and
liquid or solid form for which no further use is foreseen or
Croatia.
considered by the Member State or by a legal or natural
person whose decision is accepted by the Member State,
and which is regulated as radioactive waste by a competent
4. This
Directive
shall
not
affect
the
right
of
a
Member
State
regulatory authority under the legislative and regulatory
or an undertaking in that Member State to return radioactive
framework of the Member State;
waste after processing to its country of origin where:
(a) the radioactive waste is to be shipped to that Member State
(8) ‘radioactive waste management’ means all activities that
or undertaking for processing; or
relate to handling, pretreatment, treatment, conditioning,
storage, or disposal of radioactive waste, excluding off-site
transportation;
(b) other material is to be shipped to that Member State or
undertaking with the purpose of recovering the radioactive
waste.
(9) ‘radioactive waste management facility’ means any facility
or installation the primary purpose of which is radioactive
This Directive shall not affect the right of a Member State or an
waste management;
undertaking in that Member State to which spent fuel is to be
shipped for treatment or reprocessing to return to its country of
origin radioactive waste recovered from the treatment or repro
(10) ‘reprocessing’ means a process or operation, the purpose
cessing operation, or an agreed equivalent.
of which is to extract fissile and fertile materials from
spent fuel for further use;
Article 3
(11) ‘spent fuel’ means nuclear fuel that has been irradiated in
Definitions
and permanently removed from a reactor core; spent fuel
For the purpose of this Directive the following definitions shall
may either be considered as a usable resource that can be
apply:
reprocessed or be destined for disposal if regarded as
radioactive waste;
(1) ‘closure’ means the completion of all operations at some
time after the emplacement of spent fuel or radioactive
(12) ‘spent fuel management’ means all activities that relate to
waste in a disposal facility, including the final engineering
the handling, storage, reprocessing, or disposal of spent
or other work required to bring the facility to a condition
fuel, excluding off-site transportation;
that will be safe in the long term;
(2) ‘competent regulatory authority’ means an authority or a
(13) ‘spent fuel management facility’ means any facility or
system of authorities designated in a Member State in the
installation the primary purpose of which is spent fuel
field of regulation of the safety of spent fuel or radioactive
management;
waste management as referred to in Article 6;
(14) ‘storage’ means the holding of spent fuel or of radioactive
(3) ‘disposal’ means the emplacement of spent fuel or radio
waste in a facility with the intention of retrieval.
active waste in a facility without the intention of retrieval;
(4) ‘disposal facility’ means any facility or installation the
Article 4
primary purpose of which is radioactive waste disposal;
General principles
1. Member
States
shall
establish
and
maintain
national
(5) ‘licence’ means any legal document granted under the
policies on spent fuel and radioactive waste management.
jurisdiction of a Member State to carry out any activity
Without prejudice to Article 2(3), each Member State shall
related to the management of spent fuel or radioactive
have ultimate responsibility for management of the spent fuel
waste, or to confer responsibility for siting, design,
and radioactive waste generated in it.

---

EN
2.8.2011 Official
Journal
of
the
European
Union L
199/53
2. Where
radioactive
waste
or
spent
fuel
is
shipped
for
the requirements set down in the radioactive waste
processing or reprocessing to a Member State or a third
management and disposal programme of that country of
country, the ultimate responsibility for the safe and responsible
destination.
disposal of those materials, including any waste as a by-product,
shall remain with the Member State or third country from
which the radioactive material was shipped.
CHAPTER 2
OBLIGATIONS
3. National
policies
shall
be
based
on
all
of
the
following
principles:
Article 5
National framework
(a) the generation of radioactive waste shall be kept to the
1. Member
States
shall
establish
and
maintain
a
national
minimum which is reasonably practicable, both in terms
legislative, regulatory and organisational framework (‘national
of activity and volume, by means of appropriate design
framework’) for spent fuel and radioactive waste management
measures and of operating and decommissioning practices,
that allocates responsibility and provides for coordination
including the recycling and reuse of materials;
between relevant competent bodies. The national framework
shall provide for all of the following:
(b) the interdependencies between all steps in spent fuel and
radioactive waste generation and management shall be taken
(a) a national programme for the implementation of spent fuel
into account;
and radioactive waste management policy;
(c) spent fuel and radioactive waste shall be safely managed,
including in the long term with passive safety features;
(b) national arrangements for the safety of spent fuel and radio
active waste management. The determination of how those
arrangements are to be adopted and through which
(d) implementation of measures shall follow a graded approach;
instrument they are to be applied rests within the
competence of the Member States;
(e) the costs for the management of spent fuel and radioactive
waste shall be borne by those who generated those
(c) a system of licensing of spent fuel and radioactive waste
materials;
management activities, facilities or both, including the
prohibition of spent fuel or radioactive waste management
(f) an evidence-based and documented decision-making process
activities, of the operation of a spent fuel or radioactive
shall be applied with regard to all stages of the management
waste management facility without a licence or both and,
of spent fuel and radioactive waste.
if appropriate, prescribing conditions for further
management of the activity, facility or both;
4. Radioactive
waste
shall
be
disposed
of
in
the
Member
State in which it was generated, unless at the time of
(d) a system of appropriate control, a management system,
shipment an agreement, taking into account the criteria estab
regulatory inspections, documentation and reporting obli
lished by the Commission in accordance with Article 16(2) of
gations for radioactive waste and spent fuel management
Directive 2006/117/Euratom, has entered into force between
activities, facilities or both, including appropriate measures
the Member State concerned and another Member State or a
for the post-closure periods of disposal facilities;
third country to use a disposal facility in one of them.
(e) enforcement actions, including the suspension of activities
Prior to a shipment to a third country, the exporting Member
and the modification, expiration or revocation of a licence
State shall inform the Commission of the content of any such
together with requirements, if appropriate, for alternative
agreement and take reasonable measures to be assured that:
solutions that lead to improved safety;
(a) the country of destination has concluded an agreement with
(f) the allocation of responsibility to the bodies involved in the
the Community covering spent fuel and radioactive waste
different steps of spent fuel and radioactive waste
management or is a party to the Joint Convention on the
management; in particular, the national framework shall
Safety of Spent Fuel Management and on the Safety of
give primary responsibility for the spent fuel and radioactive
Radioactive Waste Management (‘the Joint Convention’);
waste to their generators or, under specific circumstances, to
a licence holder to whom this responsibility has been
(b) the country of destination has radioactive waste
entrusted by competent bodies;
management and disposal programmes with objectives
representing a high level of safety equivalent to those estab
lished by this Directive; and
(g) national requirements for public information and partici
pation;
(c) the disposal facility in the country of destination is auth
orised for the radioactive waste to be shipped, is operating
(h) the financing scheme(s) for spent fuel and radioactive waste
prior to the shipment, and is managed in accordance with
management in accordance with Article 9.

---

L 199/54
EN
Official Journal of the European Union
2.8.2011
2. Member
States
shall
ensure
that
the
national
framework
is physical barriers and the licence holder’s administrative
improved where appropriate, taking into account operating
protection procedures that would have to fail before workers
experience, insights gained from the decision-making process
and the general public would be significantly affected by
referred to in Article 4(3)(f), and the development of relevant
ionising radiation. That approach shall identify and reduce
technology and research.
uncertainties.
Article 6
4. Member
States
shall
ensure
that
the
national
framework
Competent regulatory authority
require licence holders to establish and implement integrated
management systems, including quality assurance, which give
1. Each
Member
State
shall
establish
and
maintain
a due priority for overall management of spent fuel and radio
competent regulatory authority in the field of safety of spent
active waste to safety and are regularly verified by the
fuel and radioactive waste management.
competent regulatory authority.
2. Member
States
shall
ensure
that
the
competent
regulatory 5. Member
States
shall
ensure
that
the
national
framework
authority is functionally separate from any other body or
require licence holders to provide for and maintain adequate
organisation concerned with the promotion or utilisation of
financial and human resources to fulfil their obligations with
nuclear energy or radioactive material, including electricity
respect to the safety of spent fuel and radioactive waste
production and radioisotope applications, or with the
management as laid down in paragraphs 1 to 4.
management of spent fuel and radioactive waste, in order to
ensure effective independence from undue influence on its regu
latory function.
Article 8
Expertise and skills
3. Member
States
shall
ensure
that
the
competent
regulatory Member States shall ensure that the national framework require
authority is given the legal powers and human and financial
all parties to make arrangements for education and training for
resources necessary to fulfil its obligations in connection with
their staff, as well as research and development activities to
the national framework as described in Article 5(1)(b), (c), (d)
cover the needs of the national programme for spent fuel and
and (e).
radioactive waste management in order to obtain, maintain and
to further develop necessary expertise and skills.
Article 7
Licence holders
Article 9
1. Member
States
shall
ensure
that
the
prime
responsibility
Financial resources
for the safety of spent fuel and radioactive waste management
facilities and/or activities rest with the licence holder. That
Member States shall ensure that the national framework require
responsibility can not be delegated.
that adequate financial resources be available when needed for
the implementation of national programmes referred to in
Article 11, especially for the management of spent fuel and
radioactive waste, taking due account of the responsibility of
2. Member
States
shall
ensure
that
the
national
framework
in spent fuel and radioactive waste generators.
place require licence holders, under the regulatory control of the
competent regulatory authority, to regularly assess, verify and
continuously improve, as far as is reasonably achievable, the
safety of the radioactive waste and spent fuel management
Article 10
facility or activity in a systematic and verifiable manner. This
Transparency
shall be achieved through an appropriate safety assessment,
other arguments and evidence.
1. Member States shall ensure that necessary information on
the management of spent fuel and radioactive waste be made
available to workers and the general public. This obligation
3. As part of the licensing of a facility or activity the safety
includes ensuring that the competent regulatory authority
demonstration shall cover the development and operation of an
inform the public in the fields of its competence. Information
activity and the development, operation and decommissioning
shall be made available to the public in accordance with
of a facility or closure of a disposal facility as well as the post-
national legislation and international obligations, provided that
closure phase of a disposal facility. The extent of the safety
this does not jeopardise other interests such as, inter alia,
demonstration shall be commensurate with the complexity of
security, recognised in national legislation or international obli
the operation and the magnitude of the hazards associated with
gations.
the radioactive waste and spent fuel, and the facility or activity.
The licensing process shall contribute to safety in the facility or
activity during normal operating conditions, anticipated oper
2. Member States shall ensure that the public be given the
ational occurrences and design basis accidents. It shall provide
necessary opportunities to participate effectively in the decision-
the required assurance of safety in the facility or activity.
making process regarding spent fuel and radioactive waste
Measures shall be in place to prevent accidents and mitigate
management in accordance with national legislation and inter
the consequences of accidents, including verification of
national obligations.

---

EN
2.8.2011 Official
Journal
of
the
European
Union L
199/55
Article 11
(h) an assessment of the national programme costs and the
underlying basis and hypotheses for that assessment,
National programmes
which must include a profile over time;
1. Each
Member
State
shall
ensure
the
implementation
of
its
national programme for the management of spent fuel and
radioactive waste (‘national programme’), covering all types of
(i) the financing scheme(s) in force;
spent fuel and radioactive waste under its jurisdiction and all
stages of spent fuel and radioactive waste management from
generation to disposal.
(j) a transparency policy or process as referred to in Article 10;
(k) if any, the agreement(s) concluded with a Member State or a
2. Each Member State shall regularly review and update its
third country on management of spent fuel or radioactive
national programme, taking into account technical and scientific
waste, including on the use of disposal facilities.
progress as appropriate as well as recommendations, lessons
learned and good practices from peer reviews.
2. The national programme together with the national policy
may be contained in a single document or in a number of
Article 12
documents.
Contents of national programmes
1. The
national
programmes
shall
set
out
how
the
Member
Article 13
States intend to implement their national policies referred to in
Notification
Article 4 for the responsible and safe management of spent fuel
and radioactive waste to secure the aims of this Directive, and
1. Member States shall notify to the Commission their
shall include all of the following:
national programmes and any subsequent significant changes.
2. Within 6 months of the date of notification, the
(a) the overall objectives of the Member State’s national policy
Commission may request clarification and/or express its
in respect of spent fuel and radioactive waste management;
opinion on whether the content of the national programme is
in accordance with Article 12.
(b) the significant milestones and clear timeframes for the
achievement of those milestones in light of the over-
3. Within
6
months
of
receiving
the
Commission’s
reaction
arching objectives of the national programme;
Member States shall provide the requested clarification and/or
inform the Commission of any revision of the national
programmes.
(c) an inventory of all spent fuel and radioactive waste and
estimates for future quantities, including those from decom
missioning, clearly indicating the location and amount of
4. The
Commission,
when
deciding
on
the
provision
of
the radioactive waste and spent fuel in accordance with
Community financial or technical assistance for spent fuel and
appropriate classification of the radioactive waste;
radioactive waste management facilities or activities, shall take
into account the Member States’ clarifications and progress
regarding the national programmes.
(d) the concepts or plans and technical solutions for spent fuel
and radioactive waste management from generation to
Article 14
disposal;
Reporting
1. Member
States
shall
submit
a
report
to
the
Commission
(e) the concepts or plans for the post-closure period of a
on the implementation of this Directive for the first time by
disposal facility’s lifetime, including the period during
23 August 2015, and every 3 years thereafter, taking advantage
which appropriate controls are retained and the means to
of the review and reporting under the Joint Convention.
be employed to preserve knowledge of that facility in the
longer term;
2. On the basis of the Member States’ reports, the
Commission shall submit to the European Parliament and the
(f) the research, development and demonstration activities that
Council the following:
are needed in order to implement solutions for the
management of spent fuel and radioactive waste;
(a) a report on progress made with the implementation of this
Directive; and
(g) the responsibility for the implementation of the national
programme and the key performance indicators to
(b) an inventory of radioactive waste and spent fuel present in
monitor progress towards implementation;
the Community’s territory and the future prospects.

---

L 199/56
EN
Official Journal of the European Union
2.8.2011
3. Member
States
shall
periodically,
and
at
least
every
10 to Cyprus, Denmark, Estonia, Ireland, Latvia, Luxembourg and
years, arrange for self-assessments of their national framework,
Malta for as long as they decide not to develop any activity
competent regulatory authority, national programme and its
related to nuclear fuel.
implementation, and invite international peer review of their
national framework, competent regulatory authority and/or
national programme with the aim of ensuring that high safety
3. Member
States
shall
communicate
to
the
Commission
the
standards are achieved in the safe management of spent fuel and
text of the main provisions of national law which they adopt in
radioactive waste. The outcomes of any peer review shall be
the field covered by this Directive and of any subsequent
reported to the Commission and the other Member States,
amendments to those provisions.
and may be made available to the public where there is no
conflict with security and proprietary information.
4. Member
States
shall
for
the
first
time
notify
to
the
Commission the content of their national programme
covering all the items provided for in Article 12 as soon as
CHAPTER 3
possible, but not later than 23 August 2015.
FINAL PROVISIONS
Article 15
Article 16
Transposition
Entry into force
1. Member
States
shall
bring
into
force
the
laws,
regulations This Directive shall enter into force on the 20th day following
and administrative provisions necessary to comply with this
its publication in the Official Journal of the European Union.
Directive before 23 August 2013. They shall forthwith inform
the Commission thereof.
Article 17
Addressees
When Member States adopt these measures, they shall contain a
This Directive is addressed to the Member States.
reference to this Directive or shall be accompanied by such
reference on the occasion of their official publication. The
methods of making such reference shall be laid down by
Done at Brussels, 19 July 2011.
Member States.
For the Council
2. The
obligations
for
transposition
and
implementation
of
The President
provisions related to spent fuel of this Directive shall not apply
M. SAWICKI

---