COUNCIL DIRECTIVE 2013/59/EURATOM

of 5 December 2013

laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 31 and 32 thereof,

Having regard to the proposal from the European Commission, drawn up after having obtained the opinion of a group of persons appointed by the Scientific and Technical Committee from among scientific experts in the Member States, and after having consulted the European Economic and Social Committee,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of the European Economic and Social Committee,

Whereas:

(1) Point (b) of Article 2 of the Euratom Treaty provides for the establishment of uniform safety standards to protect the health of workers and of the general public. Article 30 of the Euratom Treaty defines "basic standards" for the protection of the health of workers and the general public against the dangers arising from ionising radiations.

(2) In order to perform its task, the Community laid down basic standards for the first time in 1959 by means of Directives of 2 February 1959 laying down the basic standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation (1). The Directives have been revised several times, most recently by Council Directive 96/29/Euratom (2) which repealed the earlier Directives.

(3) Directive 96/29/Euratom establishes the basic safety standards. The provisions of that Directive apply to normal and emergency situations and have been supplemented by more specific legislation.

(4) Council Directive 97/43/Euratom (3), Council Directive 89/618/Euratom (4), Council Directive 90/641/Euratom (5) and Council Directive 2003/122/Euratom (6) cover different specific aspects complementary to Directive 96/29/Euratom.

(5) As recognised by the Court of Justice of the European Union in its case-law, the tasks imposed on the Community by point (b) of Article 2 of the Euratom Treaty to lay down uniform safety standards to protect the health of workers and the general public does not preclude, unless explicitly stated in the standards, a Member State from providing for more stringent measures of protection. As this Directive provides for minimum rules, Member States should be free to adopt or maintain more stringent measures in the subject-matter covered by this Directive, without prejudice to the free movement of goods and services in the internal market as defined by the case-law of the Court of Justice.

(6) The Group of Experts appointed by the Scientific and Technical Committee has advised that the basic safety standards, established according to Articles 30 and 31 of the Euratom Treaty, should take into account the new recommendations of the International Commission on Radiological Protection (ICRP), in particular those in ICRP Publication 103 (7), and should be revised in the light of new scientific evidence and operational experience.

(7) The provisions of this Directive should follow the situation based approach introduced by ICRP Publication 103 and distinguish between existing, planned and emergency exposure situations. Taking into account this new framework, this Directive should cover all exposure situations and all categories of exposure, namely occupational, public and medical exposures.

(8) The definition of the term "undertaking" in this Directive, and its use in the context of the protection of the health of workers against ionising radiation, is without prejudice to the legal systems and the allocation of responsibilities to the employer introduced in national legislation transposing Council Directive 89/391/EEC (8).

(9) Calculation of doses from measureable quantities should rely on scientifically established values and relationships. Recommendations for such dose coefficients have been published and updated by ICRP, taking scientific progress into account. A collection of dose coefficients based on its earlier recommendations in ICRP Publication 60 (9), is available as ICRP Publication 119 (10). However, in ICRP Publication 103, a new methodology was introduced by ICRP to calculate doses based on the latest knowledge on radiation risks, and this should, where possible, be taken into account in this Directive.

(10) For external exposure, values and relationships have been published following the new methodology in ICRP Publication 116 (11). These data, as well as the well-established operational quantities, should be used for the purpose of this Directive.

(11) For internal exposure, while ICRP has consolidated in ICRP Publication 119 all earlier publications (on the basis of ICRP Publication 60) on dose coefficients, updates of this publication will be provided and the coefficients that are tabulated in it will be superseded by values based on the radiation and tissue weighting factors and phantoms laid down in ICRP Publication 103. The Commission will invite the group of experts referred to in Article 31 of the Euratom Treaty to continue to monitor scientific developments and the Commission will make recommendations on any updated values, relationships and coefficients, including those for exposure to radon, taking relevant opinions of the group of experts into account.

(12) Article 30 of the Euratom Treaty provides that the "basic standards" are meant to include "maximum permissible doses compatible with adequate safety". This Directive should lay down uniform dose limits for this purpose.

(13) The current annual effective dose limits for occupational and public exposure should be maintained. However, there should be no further need for averaging over five years, except in special circumstances specified in national legislation.

(14) New scientific information on tissue reactions calls for the optimisation principle to be applied to equivalent doses as well, where appropriate, in order to keep doses as low as reasonably achievable. This Directive should also follow new ICRP guidance on the limit for equivalent dose for the lens of the eye in occupational exposure.

(15) Industries processing naturally-occurring radioactive material extracted from the earth's crust subject workers and, if material is released into the environment, members of the public to increased exposure.

(16) Protection against natural radiation sources, rather than being addressed separately in a specific title, should be fully integrated within the overall requirements. In particular, industries processing materials containing naturally-occurring radionuclides should be managed within the same regulatory framework as other practices.

(17) It is appropriate for this Directive to establish reference levels for indoor radon concentrations and for indoor gamma radiation emitted from building materials, and to introduce requirements on the recycling of residues from industries processing naturally-occurring radioactive materials into building materials.

(18) Regulation (EU) No. 305/2011 (12) lays down harmonised conditions for the marketing of construction products.

(19) Building materials emitting gamma radiation should be within the scope of this Directive but should also be regarded as construction products as defined in Regulation (EU) No 305/2011, in the sense that that Regulation applies to construction works emitting dangerous substances or dangerous radiation.

(20) This Directive should be without prejudice to the provisions of Regulation (EU) No 305/2011 on the declaration of performance, the establishment of harmonised standards or the means and conditions for making available the declaration of performance or with regard to CE marking.

(21) Regulation (EU) No 305/2011 requires information to be made available when products are placed on the market. This does not affect the right of Member States to specify in national legislation requirements for additional information they deem necessary to ensure radiation protection.

(22) Recent epidemiological findings from residential studies demonstrate a statistically significant increase of lung cancer risk from prolonged exposure to indoor radon at levels of the order of 100 Bq m–3. The new concept of exposure situations allows the provisions of Commission Recommendation 90/143/Euratom (13) to be incorporated into the binding requirements of the Basic Safety Standards while leaving enough flexibility for implementation.

(23) National action plans are needed for addressing long-term risks from radon exposure. It is recognized that the combination of smoking and high radon exposure presents a substantially higher individual lung cancer risk than either factor individually and that smoking amplifies the risk from radon exposure at the population level. It is important that Member States address both of these health hazards.

(24) Where, due to national prevailing circumstances, a Member State establishes a reference level for indoor radon concentrations in workplaces that is higher than 300 Bq m–3, the Member State should submit the information to the Commission.

(25) Where radon enters from the ground into indoor workplaces, this should be considered to be an existing exposure situation since the presence of radon is largely independent of the human activities carried out within the workplace. Such exposures may be significant in certain areas or specific types of workplaces to be identified by Member States, and appropriate radon and exposure reduction measures should be taken if the national reference level is exceeded. Where levels continue to remain above the national reference level, these human activities carried out within the workplace should not be regarded as practices. However, Member States should ensure that these workplaces are notified and that, in cases where the exposure of workers is liable to exceed an effective dose of 6 mSv per year or a corresponding time-integrated radon exposure value, they are managed as a planned exposure situation and that dose limits apply, and determine which operational protection requirements need be applied.

(26) The exposure of air crew to cosmic radiation should be managed as a planned exposure situation. The operation of spacecraft should come under the scope of this Directive and, if dose limits are exceeded, be managed as a specially authorised exposure.

(27) The contamination of the environment may pose a threat to human health. The Community's secondary legislation so far has regarded such contamination only as a pathway of exposure to members of the public directly affected by radioactive effluent discharged to the environment. While the state of the environment can impact long-term human health, this calls for a policy protecting the environment against the harmful effects of ionising radiation. For the purpose of long-term human health protection, environmental criteria based on internationally recognised scientific data (such as published by EC, ICRP, United Nations Scientific Committee on the Effects of Atomic Radiation, International Atomic Energy Agency (IAEA)) should be taken into account.

(28) In the medical area, important technological and scientific developments have led to a notable increase in the exposure of patients. In this respect, this Directive should emphasise the need for justification of medical exposure, including the exposure of asymptomatic individuals and should strengthen the requirements concerning information to be provided to patients, the recording and reporting of doses from medical procedures, the use of diagnostic reference levels and the availability of dose-indicating devices. It should be noted that according to the World Health Organisation the concept of health is understood to cover the physical, mental and social well-being of an individual and not merely the absence of disease or infirmity.

(29) A high level of competence and a clear definition of responsibilities and tasks among all professionals involved in medical exposure is fundamental to ensure adequate protection of patients undergoing medical radiodiagnostic and radiotherapeutic procedures. This applies to medical doctors, dentists and other health professionals entitled to take clinical responsibility for individual medical exposures, to medical physicists and to other professionals carrying out practical aspects of medical radiological procedures, such as radiographers and technicians in radiodiagnostic medicine, nuclear medicine and radiotherapy.

(30) Accidental and unintended medical exposures are a source of continuing concern. Whereas for medical devices post-market surveillance is required under Council Directive 93/42/EEC (14), it is the role of the competent authority in radiation protection to address the prevention of accidental and unintended medical exposure and the follow-up in case of their occurrence. In this respect, the role of quality assurance programmes, including a study of risks in radiotherapy, to avoid such incidents should be emphasised, and recording, reporting, analysis and corrective action should be required in such cases.

(31) In veterinary practice the use of ionising radiation for imaging is growing, often with second-hand equipment from the medical sector. Especially in the case of larger animals, or in the administration of radiopharmaceuticals to animals, there is a substantial risk of high occupational exposures and of exposure of accompanying persons. This calls for the provision of adequate information and the education of veterinarians and their staff.

(32) The so-called "medico-legal" exposures introduced in Directive 97/43/Euratom have now been clearly identified as the deliberate exposure of individuals for other than medical purposes, or "non-medical imaging exposures". Such practices need to be placed under appropriate regulatory control and should be justified in a similar way as for medical exposures. However, a different approach is needed on the one hand for procedures using medical radiological equipment and on the other hand for procedures not using such equipment. In general, the annual dose limits and corresponding constraints for public exposure should apply.

(33) Member States should be required to submit certain practices involving a hazard from ionising radiation to a system of regulatory control or to prohibit certain practices.

(34) The application of radiation protection principles in relation to consumer products requires the regulatory control of practices to start at the stage of design and manufacture of products or at the time of import of such products. Therefore, the manufacture or import of consumer products should be regulated and specific procedures should be introduced, so as to allow the timely justification of the intended use of the consumer products, as well as to allow checking that this use can be exempted from regulatory control. While such assessment should continue to be carried out in the Member State in which those practices are conducted, Member States should inform each other, so as to allow them to request relevant information from the undertakings in question and to make their own assessment.

(35) The deliberate addition of radioactive substances to certain categories of consumer products should remain prohibited, but it needs to be made clear that this also applies to the activation of such products by irradiation, without prejudice to existing legislation such as Directive 1999/2/EC of the European Parliament and of the Council (15).

(36) Member States should benefit from the application of a graded approach to regulatory control, which should be commensurate with the magnitude and likelihood of exposures resulting from the practices, and commensurate with the impact that regulatory control may have in reducing such exposures or improving the safety of installations.

(37) There is a benefit in having the same activity concentration values both for the exemption of practices from regulatory control and for the clearance of materials from authorised practices. After a comprehensive review, it has been concluded that the values recommended in IAEA publication Application of the Concepts of Exclusion, Exemption and Clearance (16) can be used both as default exemption values, replacing the activity concentration values laid down in Annex I to Directive 96/29/Euratom, and as general clearance levels, replacing the values recommended by the Commission in Radiation Protection No 122 (17).

(38) Member States should be able to grant specific exemption from authorisation for certain practices involving activities above the exemption values.

(39) Specific clearance levels, as well as corresponding Community guidance (18), remain important tools for the management of large volumes of materials arising from the dismantling of authorised facilities.

(40) Member States should ensure that outside workers receive the same protection as exposed workers employed by an undertaking performing practices with radiation sources. The specific arrangements for outside workers in Directive 90/641/Euratom should be extended to also cover work in supervised areas.

(41) With regard to the management of emergency exposure situations, the current approach based on intervention levels should be replaced by a more comprehensive system comprising an assessment of potential emergency exposure situations, an overall emergency management system, emergency response plans, and pre-planned strategies for the management of each postulated event.

(42) The introduction of reference levels in emergency and existing exposure situations allows for the protection of the individual as well as consideration of other societal criteria in the same way as dose limits and dose constraints for planned exposure situations.

(43) The efficient management of an emergency with cross-border consequences calls for enhanced cooperation between Member States in emergency planning and response.

(44) While urgent information exchange between Member States and the Commission in the event of an emergency is established through Council Decision 87/600/Euratom (19), there is a need to put in place arrangements for information exchange beyond the scope of this Decision to allow cooperation with all other Member States and with third countries which may be involved or are likely to be affected.

(45) The IAEA together with the World Health Organisation, the Food and Agricultural Organisation, the International Labour Organisation, the Nuclear Energy Agency of the Organisation for Economic Cooperation and Development, and the Pan-American Health Organisation have revised the International Basic Safety Standards in the light of the ICRP's new Publication 103, and the Commission has informed the IAEA of its decision of 6 August 2012 to co-sponsor that document on behalf of the European Atomic Energy Community.

(46) The roles and responsibilities of the national services and experts involved in ensuring that the technical and practical aspects of radiation protection are managed with a high level of competence need to be clarified. This Directive should clearly distinguish between the different roles and responsibilities of the services and experts without precluding that national frameworks allow the grouping of responsibilities or allow the assignment of responsibilities for specific technical and practical tasks in radiation protection to specified experts.

(47) Commission Recommendation 2004/2/Euratom (20) introduced standardised information for the reporting of data on discharges from nuclear power plants and reprocessing facilities, for transmission of the data to the Commission under Article 36 of the Euratom Treaty.

(48) Member States should have in place precise requirements for the issuing of discharge authorisations and the monitoring of discharges. The reporting of data to the competent authority on discharges from nuclear power plants and reprocessing facilities should be based on standardised information.

(49) Under Article 35 of the Euratom Treaty Member States shall ensure that an appropriate programme to monitor the level of radioactivity in the environment is in place. Under Article 36 of the Euratom Treaty Member States shall report the results of such monitoring to the Commission. Reporting requirements under Article 36 of the Euratom Treaty have been explained in Commission Recommendation 2000/473/Euratom (21).

(50) Council Regulation (EU) No 333/2011 (22) establishes criteria determining when certain types of scrap metal cease to be waste under Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste (23). Measures need to be taken to prevent the accidental melting of orphan sources as well as to ensure compliance of metals released from nuclear installations, for instance during their dismantling, with clearance criteria.

(51) Changes need to be made to Directive 2003/122/Euratom to broaden some of the requirements to include any radioactive source. Unresolved problems with orphan sources remain, and there have been significant cases of contaminated metal being imported from third countries. A requirement should therefore be introduced for the notification of incidents with orphan sources or the contamination of metal. It is also important to harmonise the levels above which a source is regarded as a high-activity sealed source with those established by the IAEA.

(52) Pursuant to Article 106a(3) of the Euratom Treaty, the legislation adopted on the basis of the provisions of the Treaty on European Union and of the Treaty on the Functioning of the European Union should not derogate from the provisions of this Directive, and consequently the justification and optimisation principles should apply notably for medical devices and construction products covered by CE marking.

(53) In accordance with the Joint Political declaration of Member States and the Commission on explanatory documents of 28 September 2011, Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the transmission of such documents is justified.

(54) Directive 96/29/Euratom and the complementary Directives 89/618/Euratom, 90/641/Euratom, 97/43/Euratom and 2003/122/Euratom should be repealed,

HAS ADOPTED THIS DIRECTIVE:

CHAPTER I

SUBJECT MATTER AND SCOPE

Article 1 Subject matter This Directive establishes uniform basic safety standards for the protection of the health of individuals subject to occupational, medical and public exposures against the dangers arising from ionising radiation.

Article 2 Scope 1. This Directive applies to any planned, existing or emergency exposure situation which involves a risk from exposure to ionising radiation which cannot be disregarded from a radiation protection point of view or with regard to the environment in view of long-term human health protection. 2. This Directive applies in particular to: (a) the manufacture, production, processing, handling, disposal, use, storage, holding, transport, import to, and export from the Community of radioactive material; (b) the manufacture and the operation of electrical equipment emitting ionising radiation and containing components operating at a potential difference of more than 5 kilovolt (kV); (c) human activities which involve the presence of natural radiation sources that lead to a significant increase in the exposure of workers or members of the public, in particular: (i) the operation of aircraft and spacecraft, in relation to the exposure of crews; (ii) the processing of materials with naturally-occurring radionuclides; (d) the exposure of workers or members of the public to indoor radon, the external exposure from building materials and cases of lasting exposure resulting from the after-effects of an emergency or a past human activity. (e) the preparedness for, the planning of response to and the management of emergency exposure situations that are deemed to warrant measures to protect the health of members of the public or workers.

Article 3 Exclusion from the scope This Directive shall not apply to: (a) exposure to the natural level of radiation, such as radionuclides contained in the human body and cosmic radiation prevailing at ground level; (b) exposure of members of the public or workers other than air or spacecrew to cosmic radiation in flight or in space; (c) aboveground exposure to radionuclides present in the undisturbed earth's crust.

CHAPTER II

DEFINITIONS

Article 4 Definitions For the purpose of this Directive, the following definitions shall apply: (1) "Absorbed dose" (D) is the energy absorbed per unit mass where is the mean energy imparted by ionising radiation to the matter in a volume element, dm is the mass of the matter in this volume element. In this Directive, absorbed dose denotes the dose averaged over a tissue or an organ. The unit for absorbed dose is the gray (Gy) where one gray is equal to one joule per kilogram: ; (2) "accelerator" means equipment or installation in which particles are accelerated, emitting ionising radiation with energy higher than 1 mega-electron volt (MeV); (3) "accidental exposure" means an exposure of individuals, other than emergency workers, as a result of an accident; (4) "activation" means a process through which a stable nuclide is transformed into a radionuclide by irradiating with particles or high-energy photons the material in which it is contained; (5) "activity" (A) is the activity of an amount of a radionuclide in a particular energy state at a given time. It is the quotient of dN by dt, where dN is the expectation value of the number of nuclear transitions from that energy state in the time interval dt: The unit of activity is the becquerel (Bq); (6) "apprentice" means a person receiving training or instruction within an undertaking with a view to exercising a specific skill; (7) "authorisation" means the registration or licensing of a practice; (8) "becquerel" (Bq) is the special name of the unit of activity. One becquerel is equivalent to one nuclear transition per second: ; (9) "building material" means any construction product for incorporation in a permanent manner in a building or parts thereof and the performance of which has an effect on the performance of the building with regard to exposure of its occupants to ionising radiation; (10) "carers and comforters" means individuals knowingly and willingly incurring an exposure to ionising radiation by helping, other than as part of their occupation, in the support and comfort of individuals undergoing or having undergone medical exposure; (11) "clearance levels" means values established by the competent authority or in national legislation, and expressed in terms of activity concentrations, at or below which materials arising from any practice subject to notification or authorisation may be released from the requirements of this Directive; (12) "clinical audit" means a systematic examination or review of medical radiological procedures which seeks to improve the quality and outcome of patient care through structured review, whereby medical radiological practices, procedures and results are examined against agreed standards for good medical radiological procedures, with modification of practices, where appropriate, and the application of new standards if necessary; (13) "clinical responsibility" means responsibility of a practitioner for individual medical exposures, in particular, justification; optimisation; clinical evaluation of the outcome; cooperation with other specialists and staff, as appropriate, regarding practical aspects of medical radiological procedures; obtaining information, if appropriate, on previous examinations; providing existing medical radiological information and/or records to other practitioners and/or the referrer, as required; and giving information on the risk of ionising radiation to patients and other individuals involved, as appropriate; (14) "committed effective dose" (E(τ)) is the sum of the committed organ or tissue equivalent doses HT(τ) resulting from an intake, each multiplied by the appropriate tissue weighting factor wT. It is defined by: In specifying E(τ), is given in the number of years over which the integration is made. For the purpose of complying with dose limits specified in this Directive, is a period of 50 years following intake for adults and up to the age of 70 for infants and children. The unit for committed effective dose is the sievert (Sv); (15) "committed equivalent dose" (HT(τ)) is the integral over time (t) of the equivalent dose rate in tissue or organ T that will be received by an individual as a result of an intake. It is given by: for an intake at time t0 where is the relevant equivalent dose rate in organ or tissue T at time t, τ is the time over which the integration is performed. In specifying HT(τ), is given in number of years over which the integration is made. For the purpose of complying with dose limits specified in this Directive, τ is a period of 50 years for adults and up to the age of 70 for infants and children. The unit for committed equivalent dose is the sievert (Sv); (16) "competent authority" means an authority or system of authorities designated by Member States as having legal authority for the purposes of this Directive; (17) "consumer product" means a device or manufactured item into which one or more radionuclides have deliberately been incorporated or produced by activation, or which generates ionising radiation, and which can be sold or made available to members of the public without special surveillance or regulatory control after sale; (18) "contamination" means the unintended or undesirable presence of radioactive substances on surfaces or within solids, liquids or gases or on the human body; (19) "controlled area" means an area subject to special rules for the purpose of protection against ionising radiation or preventing the spread of radioactive contamination and to which access is controlled; (20) "diagnostic reference levels" means dose levels in medical radiodiagnostic or interventional radiology practices, or, in the case of radio-pharmaceuticals, levels of activity, for typical examinations for groups of standard-sized patients or standard phantoms for broadly defined types of equipment; (21) "disused source" means a sealed source which is no longer used or intended to be used for the practice for which authorisation was granted but continues to require safe management; (22) "dose constraint" means a constraint set as a prospective upper bound of individual doses, used to define the range of options considered in the process of optimisation for a given radiation source in a planned exposure situation; (23) "dose limit" means the value of the effective dose (where applicable, committed effective dose) or the equivalent dose in a specified period which shall not be exceeded for an individual; (24) "dosimetry service" means a body or an individual competent to calibrate, read or interpret individual monitoring devices, or to measure radioactivity in the human body or in biological samples, or to assess doses, whose capacity to act in this respect is recognised by the competent authority; (25) "effective dose" (E) is the sum of the weighted equivalent doses in all the tissues and organs of the body from internal and external exposure. It is defined by the expression: where DT,R is the absorbed dose averaged over tissue or organ T, due to radiation R, wR is the radiation weighting factor and wT is the tissue weighting factor for tissue or organ T. The values for wT and wR are specified in Annex II. The unit for effective dose is the sievert (Sv); (26) "emergency" means a non-routine situation or event involving a radiation source that necessitates prompt action to mitigate serious adverse consequences for human health and safety, quality of life, property or the environment, or a hazard that could give rise to such serious adverse consequences; (27) "emergency exposure situation" means a situation of exposure due to an emergency; (28) "emergency management system" means a legal or administrative framework establishing responsibilities for emergency preparedness and response, and arrangements for decision making in the event of an emergency exposure situation; (29) "emergency occupational exposure" means exposure received in an emergency exposure situation by an emergency worker; (30) "emergency response plan" means arrangements to plan for adequate response in the event of an emergency exposure situation on the basis of postulated events and related scenarios; (31) "emergency worker" means any person having a defined role in an emergency and who might be exposed to radiation while taking action in response to the emergency; (32) "environmental monitoring" means the measurement of external dose rates due to radioactive substances in the environment or of concentrations of radionuclides in environmental media; (33) "equivalent dose" (HT) is the absorbed dose, in tissue or organ T weighted for the type and quality of radiation R. It is given by: , where DT,R is the absorbed dose averaged over tissue or organ T, due to radiation R, wR is the radiation weighting factor. When the radiation field is composed of types and energies with different values of wR, the total equivalent dose, HT, is given by: The values for wR are specified in Annex II, Part A. The unit for equivalent dose is the sievert (Sv); (34) "exemption level" means a value established by a competent authority or in legislation and expressed in terms of activity concentration or total activity at or below which a radiation source is not subject to notification or authorisation; (35) "existing exposure situation" means an exposure situation that already exists when a decision on its control has to be taken and which does not call or no longer calls for urgent measures to be taken; (36) "exposed worker" means a person, either self-employed or working under an employer, who is subject to exposure at work carried out within a practice regulated by this Directive and who is liable to receive doses exceeding one or other of the dose limits for public exposure; (37) "exposure" means the act of exposing or condition of being exposed to ionising radiation emitted outside the body (external exposure) or within the body (internal exposure); (38) "extremities" means the hands, forearms, feet and ankles; (39) "health detriment" means reduction in length and quality of life occurring in a population following exposure, including those arising from tissue reactions, cancer and severe genetic disorder; (40) "health screening" means a procedure using medical radiological installations for early diagnosis in population groups at risk; (41) "high-activity sealed source" means a sealed source for which the activity of the contained radionuclide is equal to or exceeds the relevant activity value laid down in Annex III; (42) "individual detriment" means clinically observable deleterious effects in individuals or their descendants, the appearance of which is either immediate or delayed and, in the latter case, implies a probability rather than a certainty of appearance; (43) "inspection" means an investigation by or on behalf of any competent authority to verify compliance with national legal requirements; (44) "intake" means the total activity of a radionuclide entering the body from the external environment; (45) "interventional radiology" means the use of X-ray imaging techniques to facilitate the introduction and guidance of devices in the body for diagnostic or treatment purposes; (46) "ionising radiation" means energy transferred in the form of particles or electromagnetic waves of a wavelength of 100 nanometres or less (a frequency of 3 × 1015 hertz or more) capable of producing ions directly or indirectly; (47) "licence" means permission granted in a document by the competent authority to carry out a practice in accordance with specific conditions laid down in that document; (48) "medical exposure" means exposure incurred by patients or asymptomatic individuals as part of their own medical or dental diagnosis or treatment, and intended to benefit their health, as well as exposure incurred by carers and comforters and by volunteers in medical or biomedical research; (49) "medical physics expert" means an individual or, if provided for in national legislation, a group of individuals, having the knowledge, training and experience to act or give advice on matters relating to radiation physics applied to medical exposure, whose competence in this respect is recognised by the competent authority; (50) "medical radiological" means pertaining to radiodiagnostic and radiotherapeutic procedures, and interventional radiology or other medical uses of ionising radiation for planning, guiding and verification purposes; (51) "medical radiological installation" means a facility where medical radiological procedures are performed; (52) "medical radiological procedure" means any procedure giving rise to medical exposure; (53) "members of the public" means individuals who may be subject to public exposure; (54) "natural radiation source" means a source of ionising radiation of natural, terrestrial or cosmic origin; (55) "non-medical imaging exposure" means any deliberate exposure of humans for imaging purposes where the primary intention of the exposure is not to bring a health benefit to the individual being exposed; (56) "normal exposure" means exposure expected to occur under the normal operating conditions of a facility or activity (including maintenance, inspection, decommissioning), including minor incidents that can be kept under control, i.e. during normal operation and anticipated operational occurrences; (57) "notification" means submission of information to the competent authority to notify the intention to carry out a practice within the scope of this Directive; (58) "occupational exposure" means exposure of workers, apprentices and students, incurred in the course of their work; (59) "occupational health service" means a health professional or body competent to perform medical surveillance of exposed workers and whose capacity to act in that respect is recognised by the competent authority; (60) "orphan source" means a radioactive source which is neither exempted nor under regulatory control, e.g. because it has never been under regulatory control or because it has been abandoned, lost, misplaced, stolen or otherwise transferred without proper authorisation; (61) "outside worker" means any exposed worker who is not employed by the undertaking responsible for the supervised and controlled areas, but performs activities in those areas, including, apprentices and students; (62) "planned exposure situation" means an exposure situation that arises from the planned operation of a radiation source or from a human activity which alters exposure pathways, so as to cause the exposure or potential exposure of people or the environment. Planned exposure situations may include both normal exposures and potential exposures. (63) "potential exposure" means exposure that is not expected with certainty but may result from an event or sequence of events of a probabilistic nature, including equipment failures and operating errors; (64) "practical aspects of medical radiological procedures" means the physical conduct of a medical exposure and any supporting aspects, including handling and use of medical radiological equipment, the assessment of technical and physical parameters (including radiation doses), calibration and maintenance of equipment, preparation and administration of radio-pharmaceuticals, and image processing; (65) "practice" means a human activity that can increase the exposure of individuals to radiation from a radiation source and is managed as a planned exposure situation; (66) "practitioner" means a medical doctor, dentist or other health professional who is entitled to take clinical responsibility for an individual medical exposure in accordance with national requirements; (67) "processing" means chemical or physical operations on radioactive material including the mining, conversion, enrichment of fissile or fertile nuclear material and the reprocessing of spent fuel; (68) "protective measures" means measures, other than remedial measures, for the purpose of avoiding or reducing doses that might otherwise be received in an emergency exposure situation or an existing exposure situation; (69) "public exposure" means exposure of individuals, excluding any occupational or medical exposure; (70) "quality assurance" means all those planned and systematic actions necessary to provide adequate assurance that a structure, system, component or procedure will perform satisfactorily in compliance with agreed standards. Quality control is a part of quality assurance; (71) "quality control" means the set of operations (programming, coordinating, implementing) intended to maintain or to improve quality. It includes monitoring, evaluation and maintenance at required levels of all characteristics of performance of equipment that can be defined, measured, and controlled; (72) "radiation generator" means a device capable of generating ionising radiation, such as X-rays, neutrons, electrons or other charged particles; (73) "radiation protection expert" means an individual or, if provided for in the national legislation, a group of individuals having the knowledge, training and experience needed to give radiation protection advice in order to ensure the effective protection of individuals, and whose competence in this respect is recognised by the competent authority; (74) "radiation protection officer" means an individual who is technically competent in radiation protection matters relevant for a given type of practice to supervise or perform the implementation of the radiation protection arrangements; (75) "radiation source" means an entity that may cause exposure, such as by emitting ionising radiation or by releasing radioactive material; (76) "radioactive material" means material incorporating radioactive substances; (77) "radioactive source" means a radiation source incorporating radioactive material for the purpose of utilising its radioactivity; (78) "radioactive substance" means any substance that contains one or more radionuclides the activity or activity concentration of which cannot be disregarded from a radiation protection point of view; (79) "radioactive waste" means radioactive material in gaseous, liquid or solid form for which no further use is foreseen or 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 regulatory authority under the legislative and regulatory framework of the Member State; (80) "radiodiagnostic" means pertaining to in-vivo diagnostic nuclear medicine, medical diagnostic radiology using ionising radiation, and dental radiology; (81) "radiotherapeutic" means pertaining to radiotherapy, including nuclear medicine for therapeutic purposes; (82) "radon" means the radionuclide Rn-222 and its progeny, as appropriate; (83) "exposure to radon" means exposure to radon progeny; (84) "reference level" means in an emergency exposure situation or in an existing exposure situation, the level of effective dose or equivalent dose or activity concentration above which it is judged inappropriate to allow exposures to occur as a result of that exposure situation, even though it is not a limit that may not be exceeded; (85) "referrer" means a medical doctor, dentist or other health professional who is entitled to refer individuals for medical radiological procedures to a practitioner, in accordance with national requirements; (86) "registration" means permission granted in a document by the competent authority, or granted by national legislation, through a simplified procedure, to carry out a practice in accordance with conditions laid down in national legislation or specified by a competent authority for this type or class of practice; (87) "regulatory control" means any form of control or regulation applied to human activities for the enforcement of radiation protection requirements; (88) "remedial measures" means the removal of a radiation source or the reduction of its magnitude (in terms of activity or amount) or the interruption of exposure pathways or the reduction of their impact for the purposes of avoiding or reducing doses that might otherwise be received in an existing exposure situation; (89) "representative person" means an individual receiving a dose that is representative of the more highly exposed individuals in the population, excluding those individuals having extreme or rare habits; (90) "sealed source" means a radioactive source in which the radioactive material is permanently sealed in a capsule or incorporated in a solid form with the objective of preventing, under normal conditions of use, any dispersion of radioactive substances; (91) "sievert" (Sv) is the special name of the unit of equivalent or effective dose. One sievert is equivalent to one joule per kilogram: ; (92) "storage" means the holding of radioactive material, including spent fuel, a radioactive source or radioactive waste, in a facility with the intention of retrieval; (93) "supervised area" means an area subject to supervision for the purpose of protection against ionising radiation; (94) "source container" means an assembly of components intended to guarantee the containment of a sealed source, where it is not an integral part of the source but is meant for shielding the source during its transport and handling; (95) "spacecraft" means a manned vehicle designed to operate at an altitude of more than 100 km above sea level; (96) "standard values and relationships" means values and relationships recommended in chapters 4 and 5 of ICRP Publication 116 for the estimation of doses from external exposure and chapter 1 of ICRP Publication 119 for the estimation of doses from internal exposure, including updates approved by Member States. Member State may approve the use of specific methods in specified cases relating to the physico-chemical properties of the radionuclide or other features of the exposure situation or of the exposed individual; (97) "thoron" means the radionuclide Rn-220 and its progeny, as appropriate; (98) "undertaking" means a natural or legal person who has legal responsibility under national law for carrying out a practice, or for a radiation source (including cases where the owner or holder of a radiation source does not conduct related human activities); (99) "unintended exposure" means medical exposure that is significantly different from the medical exposure intended for a given purpose.

CHAPTER III

SYSTEM OF RADIATION PROTECTION

Article 5 General principles of radiation protection Member States shall establish legal requirements and an appropriate regime of regulatory control which, for all exposure situations, reflect a system of radiation protection based on the principles of justification, optimisation and dose limitation: (a) Justification: Decisions introducing a practice shall be justified in the sense that such decisions shall be taken with the intent to ensure that the individual or societal benefit resulting from the practice outweighs the health detriment that it may cause. Decisions introducing or altering an exposure pathway for existing and emergency exposure situations shall be justified in the sense that they should do more good than harm. (b) Optimisation: Radiation protection of individuals subject to public or occupational exposure shall be optimised with the aim of keeping the magnitude of individual doses, the likelihood of exposure and the number of individuals exposed as low as reasonably achievable taking into account the current state of technical knowledge and economic and societal factors. The optimisation of the protection of individuals subject to medical exposure shall apply to the magnitude of individual doses and be consistent with the medical purpose of the exposure, as described in Article 56. This principle shall be applied not only in terms of effective dose but also, where appropriate, in terms of equivalent doses, as a precautionary measure to allow for uncertainties as to health detriment below the threshold for tissue reactions. (c) Dose limitation: In planned exposure situations, the sum of doses to an individual shall not exceed the dose limits laid down for occupational exposure or public exposure. Dose limits shall not apply to medical exposures.

SECTION 1

Tools for optimisation

Article 6 Dose constraints for occupational, public, and medical exposure 1. Member States shall ensure that, where appropriate, dose constraints are established for the purpose of prospective optimisation of protection: (a) for occupational exposure, the dose constraint shall be established as an operational tool for optimisation by the undertaking under the general supervision of the competent authority. In the case of outside workers the dose constraint shall be established in cooperation between the employer and the undertaking. (b) for public exposure, the dose constraint shall be set for the individual dose that members of the public receive from the planned operation of a specified radiation source. The competent authority shall ensure that the constraints are consistent with the dose limit for the sum of doses to the same individual from all authorised practices. (c) for medical exposure, dose constraints shall apply only with regard to the protection of carers and comforters and volunteers participating in medical or biomedical research. 2. Dose constraints shall be established in terms of individual effective or equivalent doses over a defined appropriate time period.

Article 7 Reference levels 1. Member States shall ensure that reference levels are established for emergency and existing exposure situations. Optimisation of protection shall give priority to exposures above the reference level and shall continue to be implemented below the reference level. 2. The values chosen for reference levels shall depend upon the type of exposure situation. The choices of reference levels shall take into account both radiological protection requirements and societal criteria. For public exposure the establishment of reference levels shall take into account the range of reference levels set out in Annex I. 3. For existing exposure situations involving exposure to radon, the reference levels shall be set in terms of radon activity concentration in air as specified in Article 74 for members of the public and Article 54 for workers.

SECTION 2

Dose limitation

Article 8 Age limit for exposed workers Member States shall ensure that subject to Article 11(2), persons under 18 years of age may not be assigned to any work which would result in their being exposed workers.

Article 9 Dose limits for occupational exposure 1. Member States shall ensure that dose limits for occupational exposure apply to the sum of annual occupational exposures of a worker from all authorised practices, occupational exposure to radon in workplaces requiring notification in accordance with Article 54(3), and other occupational exposure from existing exposure situations in accordance with Article 100(3). For emergency occupational exposure Article 53 shall apply. 2. The limit on the effective dose for occupational exposure shall be 20 mSv in any single year. However, in special circumstances or for certain exposure situations specified in national legislation, a higher effective dose of up to 50 mSv may be authorised by the competent authority in a single year, provided that the average annual dose over any five consecutive years, including the years for which the limit has been exceeded, does not exceed 20 mSv. 3. In addition to the limits on effective dose laid down in paragraph 2, the following limits on equivalent dose shall apply: (a) the limit on the equivalent dose for the lens of the eye shall be 20 mSv in a single year or 100 mSv in any five consecutive years subject to a maximum dose of 50 mSv in a single year, as specified in national legislation. (b) the limit on the equivalent dose for the skin shall be 500 mSv in a year, this limit shall apply to the dose averaged over any area of 1 cm2, regardless of the area exposed; (c) the limit on the equivalent dose for the extremities shall be 500 mSv in a year.

Article 10 Protection of pregnant and breastfeeding workers 1. Member States shall ensure that the protection of the unborn child is comparable with that provided for members of the public. As soon as a pregnant worker informs the undertaking or, in the case of an outside worker, the employer, of the pregnancy, in accordance with national legislation the undertaking, and the employer, shall ensure that the employment conditions for the pregnant worker are such that the equivalent dose to the unborn child is as low as reasonably achievable and unlikely to exceed 1 mSv during at least the remainder of the pregnancy. 2. As soon as workers inform the undertaking, or in case of outside workers, the employer, that they are breastfeeding an infant, they shall not be employed in work involving a significant risk of intake of radionuclides or of bodily contamination.

Article 11 Dose limits for apprentices and students 1. Member States shall ensure that the dose limits for apprentices aged 18 years or over and students aged 18 years or over who, in the course of their studies, are obliged to work with radiation sources, shall be the same as the dose limits for occupational exposure laid down in Article 9. 2. Member States shall ensure that the limit on the effective dose for apprentices aged between 16 and 18 years and for students aged between 16 and 18 years who, in the course of their studies, are obliged to work with radiation sources, shall be 6 mSv in a year. 3. In addition to the limits on effective dose laid down in paragraph 2, the following limits on equivalent dose shall apply: (a) the limit on the equivalent dose for the lens of the eye shall be 15 mSv in a year; (b) the limit on the equivalent dose for the skin shall be 150 mSv in a year, averaged over any area of 1 cm2, regardless of the area exposed; (c) the limit on the equivalent dose for the extremities shall be 150 mSv in a year. 4. Member States shall ensure that the dose limits for apprentices and students who are not subject to the provisions of paragraphs 1, 2 and 3 shall be the same as the dose limits for members of the public as specified in Article 12.

Article 12 Dose limits for public exposure 1. Member States shall ensure that the dose limits for public exposure shall apply to the sum of annual exposures of a member of the public resulting from all authorised practices. 2. Member States shall set the limit on the effective dose for public exposure at 1 mSv in a year. 3. In addition to the dose limit referred to in paragraph 2, the following limits on the equivalent dose shall apply: (a) the limit on the equivalent dose for the lens of the eye shall be 15 mSv in a year; (b) the limit on the equivalent dose for the skin shall be 50 mSv in a year, averaged over any 1 cm2 area of skin, regardless of the area exposed.

Article 13 Estimation of the effective and equivalent dose For the estimation of effective and equivalent doses, the appropriate standard values and relationships shall be used. For external radiation, the operational quantities defined in section 2.3 of ICRP Publication 116 shall be used.

CHAPTER IV

REQUIREMENTS FOR RADIATION PROTECTION EDUCATION, TRAINING AND INFORMATION

Article 14 General responsibilities for the education, training and provision of information 1. Member States shall establish an adequate legislative and administrative framework ensuring the provision of appropriate radiation protection education, training and information to all individuals whose tasks require specific competences in radiation protection. The provision of training and information shall be repeated at appropriate intervals and documented. 2. Member States shall ensure that arrangements are made for the establishment of education, training and retraining to allow the recognition of radiation protection experts and medical physics experts, as well as occupational health services and dosimetry services, in relation to the type of practice. 3. Member States may make arrangements for the establishment of education, training and retraining to allow the recognition of radiation protection officers, if such recognition is provided for in national legislation.

Article 15 Training of exposed workers and information provided to them 1. Member States shall require the undertaking to inform exposed workers on: (a) the radiation health risks involved in their work; (b) the general radiation protection procedures and precautions to be taken; (c) the radiation protection procedures and precautions connected with the operational and working conditions of both the practice in general and each type of workstation or work to which they may be assigned; (d) the relevant parts of the emergency response plans and procedures; (e) the importance of complying with the technical, medical and administrative requirements. In the case of outside workers, their employer shall ensure that the information required in points (a), (b) and (e) is provided. 2. Member States shall require the undertaking or, in case of outside workers, the employer, to inform exposed workers on the importance of making an early declaration of pregnancy in view of the risks of exposure for the unborn child. 3. Member States shall require the undertaking or, in case of outside workers, the employer, to inform exposed workers on the importance of announcing the intention to breast-feed an infant in view of the risks of exposure for a breast-fed infant after intake of radionuclides or bodily contamination. 4. Member States shall require that the undertaking or, in case of outside workers, the employer, provides appropriate radiation protection training and information programmes for exposed workers. 5. In addition to the information and training in the field of radiation protection as specified in paragraphs 1, 2, 3 and 4, Member States shall require that the undertaking responsible for high-activity sealed sources shall ensure that such training includes specific requirements for the safe management and control of high-activity sealed sources with a view to preparing the relevant workers adequately for any events affecting the radiation protection. The information and training shall place particular emphasis on the necessary safety requirements and shall contain specific information on the possible consequences of the loss of adequate control of high-activity sealed sources.

Article 16 Information and training of workers potentially exposed to orphan sources 1. Member States shall ensure that the management of installations where orphan sources are most likely to be found or processed, including large metal scrap yards and major metal scrap recycling installations, and in significant nodal transit points, are informed of the possibility that they may be confronted with a source. 2. Member States shall encourage the management of installations referred to in paragraph 1 to ensure that where workers in their installation may be confronted with a source, they are: (a) advised and trained in the visual detection of sources and their containers; (b) informed of basic facts about ionising radiation and its effects; (c) informed of and trained in the actions to be taken on site in the event of the detection or suspected detection of a source.

Article 17 Prior information and training for emergency workers 1. Member States shall ensure that emergency workers who are identified in an emergency response plan or management system are given adequate and regularly updated information on the health risks their intervention might involve and on the precautionary measures to be taken in such an event. This information shall take into account the range of potential emergencies and the type of intervention. 2. As soon as an emergency occurs, the information referred to in paragraph 1 shall be supplemented appropriately, having regard to the specific circumstances. 3. Member States shall ensure that the undertaking or the organisation responsible for the protection of emergency workers provides to emergency workers referred to in paragraph 1 appropriate training as provided for in the emergency management system set out in Article 97. Where appropriate, this training shall include practical exercises. 4. Members States shall ensure that, in addition to the emergency response training referred to in paragraph 3, the undertaking or the organisation responsible for the protection of emergency workers provides these workers with appropriate radiation protection training and information.

Article 18 Education, information and training in the field of medical exposure 1. Member States shall ensure that practitioners and the individuals involved in the practical aspects of medical radiological procedures have adequate education, information and theoretical and practical training for the purpose of medical radiological practices, as well as relevant competence in radiation protection. For this purpose Member States shall ensure that appropriate curricula are established and shall recognise the corresponding diplomas, certificates or formal qualifications. 2. Individuals undergoing relevant training programmes may participate in practical aspects of medical radiological procedures as set out in Article 57(2). 3. Member States shall ensure that continuing education and training after qualification is provided and, in the special case of the clinical use of new techniques, training is provided on these techniques and the relevant radiation protection requirements. 4. Member States shall encourage the introduction of a course on radiation protection in the basic curriculum of medical and dental schools.

CHAPTER V

JUSTIFICATION AND REGULATORY CONTROL OF PRACTICES

SECTION 1

Justification and prohibition of practices

Article 19 Justification of practices 1. Member States shall ensure that new classes or types of practices resulting in exposure to ionising radiation are justified before being adopted. 2. Member States shall consider a review of existing classes or types of practices with regard to their justification whenever there is new and important evidence about their efficacy or potential consequences or new and important information about other techniques and technologies. 3. Practices involving occupational and public exposures shall be justified as a class or type of practice, taking into account both categories of exposures. 4. Practices involving medical exposure shall be justified both as a class or type of practice, taking into account medical and, where relevant, associated occupational and public exposures, and at the level of each individual medical exposure as specified in Article 55.

Article 20 Practices involving consumer products 1. Member States shall require any undertaking intending to manufacture or import a consumer product for which the intended use is likely to be a new class or type of practice, to provide the competent authority with all relevant information, including that listed in Annex IV, Section A, so as to allow the implementation of the justification requirement in Article 19(1). 2. On the basis of an assessment of this information, Member States shall ensure that the competent authority, as outlined in Annex IV, Section B, decides whether the intended use of the consumer product is justified. 3. Without prejudice to paragraph 1, Member States shall ensure that the competent authority which has received information according to that paragraph, informs the point of contact for the competent authorities of other Member States of this receipt and, upon request, of its decision and the basis for that decision. 4 Member States shall prohibit the sale or the making available to the public of consumer products if their intended use is not justified or their use would not fulfil the criteria for exemption from notification under Article 26.

Article 21 Prohibition of practices 1. Member States shall prohibit the deliberate addition of radioactive substances in the production of foodstuffs, animal feeding stuffs, and cosmetics, and shall prohibit the import or export of such products. 2. Without prejudice to the Directive 1999/2/EC, practices involving the activation of material resulting in an increase in activity in a consumer product, which at the time of placing on the market cannot be disregarded from a radiation protection point of view, shall be deemed not to be justified. However, the competent authority may evaluate specific types of practices within this class with regard to their justification. 3. Member States shall prohibit the deliberate addition of radioactive substances in the manufacture of toys and personal ornaments and shall prohibit the import or export of such products. 4. Member States shall prohibit practices involving the activation of materials used in toys and personal ornaments, resulting, at the time of the placing on the market of the products or of their manufacture, in an increase in activity, which cannot be disregarded from a radiation protection point of view, and shall prohibit the import or export of such products or materials.

Article 22 Practices involving the deliberate exposure of humans for non-medical imaging purposes 1. Member States shall ensure the identification of practices involving non-medical imaging exposure, in particular taking into account the practices included in Annex V. 2. Member States shall ensure that special attention is given to the justification of practices involving non-medical imaging exposure, in particular: (a) all types of practices involving non-medical imaging exposure shall be justified before being generally accepted; (b) each particular application of a generally accepted type of practice shall be justified; (c) all individual non-medical imaging exposure procedures using medical radiological equipment shall be justified in advance, taking into account the specific objectives of the procedure and the characteristics of the individual involved; (d) the general and particular justification of practices involving non-medical imaging exposure, as specified in (a) and (b), may be subject to review; (e) circumstances warranting non-medical imaging exposures, without individual justification of each exposure, shall be subject to regular review. 3. Member States may exempt justified practices involving non-medical imaging exposure using medical radiological equipment from the requirement for dose constraints according to point (b) of Article 6(1) and from the dose limits set out in Article 12. 4. Where a Member State has determined that a particular practice involving non-medical imaging exposure is justified, it shall ensure that: (a) the practice is subject to authorisation; (b) requirements for the practice, including criteria for individual implementation, are established by the competent authority, in cooperation with other relevant bodies and medical scientific societies, as appropriate; (c) for procedures using medical radiological equipment (i) relevant requirements identified for medical exposure as set out in Chapter VII are applied, including those for equipment, optimisation, responsibilities, training and special protection during pregnancy and the appropriate involvement of the medical physics expert; (ii) where appropriate, specific protocols, consistent with the objective of the exposure and required image quality, are put in place; (iii) where practicable, specific diagnostic reference levels are put in place; (d) for procedures not using medical radiological equipment, dose constraints are significantly below the dose limit for members of the public; (e) information is provided to and consent sought from the individual to be exposed, allowing for cases where the law enforcement authorities may proceed without consent of the individual according to national legislation;

SECTION 2

Regulatory control

Article 23 Identification of practices involving naturally-occurring radioactive material Member States shall ensure the identification of classes or types of practice involving naturally–occurring radioactive material and leading to exposure of workers or members of the public which cannot be disregarded from a radiation protection point of view. Such identification shall be carried out by appropriate means taking into account industrial sectors listed in Annex VI.

Article 24 Graded approach to regulatory control 1. Member States shall require practices to be subject to regulatory control for the purpose of radiation protection, by way of notification, authorisation and appropriate inspections, commensurate with the magnitude and likelihood of exposures resulting from the practice, and commensurate with the impact that regulatory control may have in reducing such exposures or improving radiological safety. 2. Without prejudice to Articles 27 and 28, where appropriate, and in accordance with the general exemption criteria set out in Annex VII, regulatory control may be limited to notification and an appropriate frequency of inspections. For this purpose, Member States may establish general exemptions or allow the competent authority to decide to exempt notified practices from the requirement of authorisation on the basis of the general criteria specified in Annex VII; in the case of moderate amounts of material, as specified by Member States, the activity concentration values laid down in Annex VII, Table B, column 2 may be used for this purpose. 3. Notified practices which are not exempted from authorisation shall be subject to regulatory control through registration or licensing.

Article 25 Notification 1. Member States shall ensure that notification is required for all justified practices, including those identified according to Article 23. The notification shall be made prior to the practice commencing or, for existing practices, as soon as possible once this requirement is applicable. For practices subject to notification, Member States shall specify the information to be provided in conjunction with the notification. Where an application for an authorisation is submitted, no separate notification is needed. Practices may be exempted from notification, as specified in Article 26. 2. Member States shall ensure that notification is required for workplaces specified in Article 54(3), and for existing exposure situations that are managed as a planned exposure situation, as specified in Article 100(3). 3. Notwithstanding the exemption criteria laid down in Article 26, in situations identified by Member States where there is concern that a practice identified in accordance with Article 23 may lead to the presence of naturally-occurring radionuclides in water liable to affect the quality of drinking water supplies or affect any other exposure pathways, so as to be of concern from a radiation protection point of view, the competent authority may require that the practice be subject to notification. 4. Human activities involving radioactively contaminated materials resulting from authorised releases or materials cleared in accordance with Article 30 shall not be managed as a planned exposure situation and, hence, are not required to be notified.

Article 26 Exemption from notification 1. Member States may decide that justified practices involving the following do not need to be notified: (a) radioactive materials where the quantities of the activity involved do not exceed in total the exemption values set out in Table B, column 3, of Annex VII, or higher values that, for specific applications, are approved by the competent authority and satisfy the general exemption and clearance criteria set out in Annex VII; or (b) without prejudice to Article 25(4), radioactive materials where the activity concentrations do not exceed the exemption values set out in Table A of Annex VII, or higher values that, for specific applications, are approved by the competent authority and satisfy the general exemption and clearance criteria set out in Annex VII; or (c) apparatus containing a sealed source, provided that: (i) the apparatus is of a type approved by the competent authority; (ii) the apparatus does not cause, in normal operating conditions, a dose rate exceeding at a distance of 0.1 m from any accessible surface; and (iii) conditions for recycling or disposal have been specified by the competent authority; or (d) any electrical apparatus provided that: (i) it is a cathode ray tube intended for the display of visual images, or other electrical apparatus operating at a potential difference not exceeding 30 kilo volt (kV), or it is of a type approved by the competent authority; and (ii) it does not cause, in normal operating conditions, a dose rate exceeding at a distance of 0.1 m from any accessible surface. 2. Member States may exempt specific types of practices from the notification requirement subject to compliance with the general exemption criteria established in point 3 of Annex VII, on the basis of an assessment showing that exemption is the best option.

Article 27 Registration or licensing 1. Member States shall require either registration or licensing of the following practices: (a) the operation of radiation generators or accelerators or radioactive sources for medical exposures or for non-medical imaging purposes; (b) the operation of radiation generators or accelerators, except electron microscopes, or radioactive sources for purposes not covered by point (a). 2. Member States may require registration or licensing for other types of practices. 3. The regulatory decision to submit types of practices to either registration or licensing may be based on regulatory experience, taking into account the magnitude of expected or potential doses, as well as the complexity of the practice.

Article 28 Licensing Member States shall require licensing for the following practices: (a) the deliberate administration of radioactive substances to persons and, in so far as the radiation protection of human beings is concerned, animals for the purpose of medical or veterinary diagnosis, treatment or research; (b) the operation and decommissioning of any nuclear facility and the exploitation and closure of uranium mines; (c) the deliberate addition of radioactive substances in the production or manufacture of consumer products or other products, including medicinal products, and the import of such products; (d) any practice involving a high-activity sealed source; (e) the operation, decommissioning and closure of any facility for the long term storage or disposal of radioactive waste, including facilities managing radioactive waste for this purpose; (f) practices discharging significant amounts of radioactive material with airborne or liquid effluent into the environment.

Article 29 Authorisation procedure 1. For authorisation purposes, Member States shall require the provision of information relevant to radiation protection that is commensurate with the nature of the practice and the radiological risks involved. 2. In the case of licensing and when determining what information must be provided under paragraph 1, Member States shall take into account the indicative list in Annex IX. 3. A licence shall include, as appropriate, specific conditions and reference to requirements in national legislation so as to ensure that the elements of the licence are legally enforceable, and impose appropriate restrictions on the operational limits and conditions of operation. National legislation or the specific conditions shall also require, when appropriate, the formal and documented implementation of the principle of optimisation. 4. Where applicable, national legislation or a licence shall include conditions on the discharge of radioactive effluent, in accordance with the requirements laid down in Chapter VIII for the authorisation of the release of radioactive effluent into the environment.

Article 30 Release from regulatory control 1. Member States shall ensure that the disposal, recycling or reuse of radioactive materials arising from any authorised practice is subject to authorisation. 2. Materials for disposal, recycling or reuse may be released from regulatory control provided that the activity concentrations: (a) for solid material do not exceed the clearance levels set out in Table A of Annex VII; or (b) comply with specific clearance levels and associated requirements for specific materials or for materials originating from specific types of practices; these specific clearance levels shall be established in national legislation or by the national competent authority, following the general exemption and clearance criteria set out in Annex VII, and taking into account technical guidance provided by the Community. 3. Member States shall ensure that for the clearance of materials containing naturally-occurring radionuclides, where these result from authorised practices in which natural radionuclides are processed for their radioactive, fissile or fertile properties, the clearance levels comply with the dose criteria for clearance of materials containing artificial radionuclides. 4. Member States shall not permit the deliberate dilution of radioactive materials for the purpose of them being released from regulatory control. The mixing of materials that takes place in normal operations where radioactivity is not a consideration is not subject to this prohibition. The Competent Authority may authorise, in specific circumstances, the mixing of radioactive and non-radioactive materials for the purposes of re-use or recycling.

CHAPTER VI

OCCUPATIONAL EXPOSURES

Article 31 Responsibilities 1. Member States shall ensure that the undertaking is responsible for assessing and implementing arrangements for the radiation protection of exposed workers. 2. In the case of outside workers, the responsibilities of the undertaking and the employer of outside workers are stipulated in Article 51. 3. Without prejudice to paragraphs 1 and 2, Member States shall arrange for a clear allocation of responsibilities for the protection of workers in any exposure situation, to an undertaking, an employer or any other organisation, in particular for the protection of: (a) emergency workers; (b) workers involved in the remediation of contaminated land, buildings and other constructions; (c) workers who are exposed to radon at work, in the situation specified in Article 54(3). This shall also apply to the protection of self-employed individuals and individuals who work on a voluntary basis. 4. Member States shall ensure that employers have access to information on the possible exposure of their employees under the responsibility of another employer or undertaking.

Article 32 Operational protection of exposed workers Member States shall ensure that the operational protection of exposed workers is based, in accordance with the relevant provisions of this Directive, on: (a) prior evaluation to identify the nature and magnitude of the radiological risk to exposed workers; (b) optimisation of radiation protection in all working conditions, including occupational exposures as a consequence of practices involving medical exposures; (c) classification of exposed workers into different categories; (d) control measures and monitoring relating to the different areas and working conditions, including, where necessary, individual monitoring; (e) medical surveillance; (f) education and training.

Article 33 Operational protection of apprentices and students 1. Member States shall ensure that the exposure conditions and operational protection of apprentices and students aged 18 years or over referred to in Article 11(1) is equivalent to that of exposed workers of category A or B as appropriate. 2. Member States shall ensure that the exposure conditions and operational protection of apprentices and students aged between 16 and 18 years referred to in Article 11(2) is equivalent to that of exposed workers of category B.

Article 34 Consultations with a radiation protection expert Member States shall require undertakings to seek advice from a radiation protection expert within their areas of competence as outlined in Article 82, on the issues below that are relevant to the practice: (a) the examination and testing of protective devices and measuring instruments; (b) prior critical review of plans for installations from the point of view of radiation protection; (c) the acceptance into service of new or modified radiation sources from the point of view of radiation protection; (d) regular checking of the effectiveness of protective devices and techniques; (e) regular calibration of measuring instruments and regular checking that they are serviceable and correctly used.

Article 35 Arrangements in workplaces 1. Member States shall ensure that for the purposes of radiation protection, arrangements are made as regards all workplaces where workers are liable to receive an exposure greater than an effective dose of 1 mSv per year or an equivalent dose of 15 mSv per year for the lens of the eye or 50 mSv per year for the skin and extremities. Such arrangements shall be appropriate to the nature of the installations and sources and to the magnitude and nature of the risks. 2. For workplaces specified in Article 54(3), and where the exposure of workers is liable to exceed an effective dose of 6 mSv per year or a corresponding time-integrated radon exposure value determined by the Member State, these shall be managed as a planned exposure situation and the Member States shall determine which requirements set out in this Chapter are appropriate. For workplaces specified in Article 54(3), and where the effective dose to workers is less than or equal to 6 mSv per year or the exposure less than the corresponding time-integrated radon exposure value, the competent authority shall require that exposures are kept under review. 3. For an undertaking operating aircraft where the effective dose to the crew from cosmic radiation is liable to exceed 6 mSv per year, the relevant requirements set out in this Chapter shall apply, allowing for the specific features of this exposure situation. Member States shall ensure that where the effective dose to the crew is liable to be above 1 mSv per year, the competent authority requires the undertaking to take appropriate measures, in particular: (a) to assess the exposure of the crew concerned; (b) to take into account the assessed exposure when organising working schedules with a view to reducing the doses of highly exposed crew; (c) to inform the workers concerned of the health risks their work involves and their individual dose. (d) to apply Article 10(1) to pregnant air crew.

Article 36 Classification of workplaces 1. Member States shall ensure that arrangements in workplaces include a classification into different areas, where appropriate, on the basis of an assessment of the expected annual doses and the probability and magnitude of potential exposures. 2. A distinction shall be made between controlled areas and supervised areas. Member States shall ensure that the competent authority establishes guidance on the classification of controlled and supervised areas with regard to particular circumstances. 3. Member States shall ensure that the undertaking keeps under review the working conditions in controlled and supervised areas.

Article 37 Controlled areas 1. Member States shall ensure that the minimum requirements for a controlled area are the following: (a) The controlled area shall be delineated and access to it shall be restricted to individuals who have received appropriate instructions and shall be controlled in accordance with written procedures provided by the undertaking. Wherever there is a significant risk of the spread of radioactive contamination, specific arrangements shall be made, including for the access and exit of individuals and goods and for monitoring contamination within the controlled area and, where appropriate, in the adjacent area. (b) Taking into account the nature and extent of radiological risks in the controlled area, radiological surveillance of the workplace shall be organised in accordance with the provisions of Article 39. (c) Signs indicating the type of area, the nature of the sources and their inherent risks shall be displayed. (d) Working instructions appropriate to the radiological risk associated with the sources and the operations involved shall be laid down. (e) The worker shall receive specific training in connection with the characteristics of the workplace and the activities. (f) The worker shall be provided with the appropriate personal protective equipment. 2. Member States shall ensure that the undertaking is responsible for implementation of these duties taking into account the advice provided by the radiation protection expert.

Article 38 Supervised areas 1. Member States shall ensure that the requirements for a supervised area are the following: (a) taking into account the nature and extent of radiological risks in the supervised area, radiological surveillance of the workplace shall be organised in accordance with the provisions of Article 39; (b) if appropriate, signs indicating the type of area, the nature of the sources and their inherent risks shall be displayed; (c) if appropriate, working instructions appropriate to the radiological risk associated with the sources and the operations involved shall be laid down. 2. Member States shall ensure that the undertaking is responsible for implementation of these duties taking into account the advice provided by the radiation protection expert.

Article 39 Radiological surveillance of the workplace 1. Member States shall ensure that the radiological surveillance of the workplace referred to in point (b) of Articles 37(1) and point (a) of Article 38(1) comprises, where appropriate: (a) the measurement of external dose rates, indicating the nature and quality of the radiation in question; (b) the measurement of the activity concentration in air and the surface density of contaminating radionuclides, indicating their nature and their physical and chemical states. 2. The results of these measurements shall be recorded and shall be used, if necessary, for estimating individual doses, as provided for in Article 41.

Article 40 Categorisation of exposed workers 1. Member States shall ensure that for the purposes of monitoring and surveillance, a distinction is made between two categories of exposed workers: (a) category A: those exposed workers who are liable to receive an effective dose greater than 6 mSv per year or an equivalent dose greater than 15 mSv per year for the lens of the eye or greater than 150 mSv per year for skin and extremities; (b) category B: those exposed workers who are not classified as category A workers. 2. Member States shall require the undertaking or, in the case of outside workers, the employer, to decide on the categorisation of individual workers prior to their taking up work that may give rise to exposure, and to regularly review this categorisation on the basis of working conditions and medical surveillance. The distinction shall also take into account potential exposures.

Article 41 Individual monitoring 1. Member States shall ensure that category A workers are systematically monitored based on individual measurements performed by a dosimetry service. In cases where category A workers are liable to receive significant internal exposure or significant exposure of the lens of the eye or extremities, an adequate system for monitoring shall be set up. 2. Member States shall ensure that monitoring for category B workers is at least sufficient to demonstrate that such workers are correctly classified in category B. Member States may require individual monitoring and if necessary individual measurements, performed by a dosimetry service, for category B workers. 3. In cases where individual measurements are not possible or inadequate, the individual monitoring shall be based on an estimate arrived at from individual measurements made on other exposed workers, from the results of the surveillance of the workplace provided for in Article 39 or on the basis of calculation methods approved by the competent authority.

Article 42 Dose assessment in the case of accidental exposure Member States shall ensure that in the case of accidental exposure, the undertaking is required to assess the relevant doses and their distribution in the body.

Article 43 Recording and reporting of results 1. Member States shall ensure that a record containing the results of individual monitoring is made for each category A worker and for each category B worker where such monitoring is required by the Member State. 2. For the purposes of paragraph 1, the following information on exposed workers shall be retained: (a) a record of the exposures measured or estimated, as the case may be, of individual doses pursuant to Articles 41, 42, 51, 52, 53 and, if decided by the Member State pursuant to Article 35(2), 54(3); (b) in the case of exposures as referred to in Articles 42, 52 and 53, the reports relating to the circumstances and the action taken; (c) the results of workplace monitoring used to assess individual doses where necessary. 3. The information referred to in paragraph 1 shall be retained during the period of their working life involving exposure to ionising radiation and afterwards until they have or would have attained the age of 75 years, but in any case not less than 30 years after termination of the work involving exposure. 4. Exposures as referred to in Articles 42, 52 53 and, if decided by the Member State pursuant to Article 35(2), 54(3) shall be recorded separately in the dose record referred to in paragraph 1. 5. The dose record referred to in paragraph 1 shall be submitted to the data system for individual radiological monitoring established by the Member State in accordance with the provisions of Annex X.

Article 44 Access to the results of individual monitoring 1. The Member States shall require that the results of the individual monitoring set out in Articles 41, 42, 52, 53 and, if decided by the Member State pursuant to Article 35(2), 54(3) be: (a) made available to the competent authority, to the undertaking, and to the employer of outside workers; (b) made available to the worker concerned in accordance with paragraph 2; (c) submitted to the occupational health service in order for it to interpret the implications of the results for human health, as provided for in Article 45(2); (d) submitted to the data system for individual radiological monitoring established by the Member State in accordance with provisions set out in Annex X. 2. Member States shall require the undertaking, or in case of outside workers, the employer, to grant workers, at their request, access to the results of their individual monitoring, including the results of measurements which may have been used in estimating these results, or to the results of the assessment of their doses made as a result of surveillance of the workplace. 3. Member States shall determine the arrangements under which the results of individual monitoring are conveyed. 4. The data system for individual radiological monitoring shall cover at least the data listed in Annex X, Section A. 5. In the case of an accidental exposure, Member States shall require the undertaking to communicate the results of individual monitoring and dose assessments to the individual and the competent authority without delay. 6. Member States shall ensure that arrangements are in place for the appropriate exchange, among the undertaking, in the case of an outside worker, the employer, the competent authority, occupational health services, radiation protection experts, or dosimetry services of all relevant information on the doses previously received by a worker in order to perform the medical examination prior to employment or classification as a category A worker pursuant to Article 45 and to control the further exposure of workers.

Article 45 Medical surveillance of exposed workers 1. Member States shall ensure that the medical surveillance of exposed workers is based on the principles that govern occupational medicine generally. 2. The medical surveillance of category A workers shall be undertaken by the occupational health service. This medical surveillance shall allow for the state of health of workers under surveillance to be ascertained as regards their fitness for the tasks assigned to them. To this end, the occupational health service shall have access to any relevant information they require, including the environmental conditions in the working premises. 3. Medical surveillance shall include: (a) a medical examination prior to employment or classification as a category A worker to determine the worker's fitness for a post as a category A worker for which the worker is being considered; (b) periodic reviews of health at least once a year, in order to determine whether the category A workers remain fit to perform their duties. The nature of these reviews, which can be performed as many times as the occupational health service considers necessary, shall depend on the type of work and on the individual worker's state of health. 4. The occupational health service may indicate the need for medical surveillance to continue after cessation of work for as long as they consider it necessary to safeguard the health of the person concerned.

Article 46 Medical classification Member States shall ensure that the following medical classification is established with respect to fitness for work as a category A worker: (a) fit; (b) fit, subject to certain conditions; (c) unfit.

Article 47 Prohibition to employ or classify unfit workers Member States shall ensure that no worker may be employed or classified for any period in a specific post as a category A worker if medical surveillance establishes that the worker is unfit for that specific post.

Article 48 Medical records 1. Member States shall ensure that a medical record is opened for each category A worker and kept up to date so long as the worker remains a worker in that category. Thereafter, it shall be retained until the individual has or would have attained the age of 75 years, but in any case not less than 30 years after termination of the work involving exposure to ionising radiation. 2. The medical record shall include information regarding the nature of the employment, the results of the medical examinations prior to employment or classification as a category A worker, the periodic reviews of health and the record of doses required by Article 43.

Article 49 Special medical surveillance 1. Member States shall ensure that in addition to the medical surveillance of exposed workers provided for in Article 45, provision is made for any further action considered necessary by the occupational health service for the health protection of exposed individuals, such as further examinations, decontamination measures, urgent remedial treatment or other actions identified by the occupational health service. 2. Special medical surveillance shall be performed in each case where any of the dose limits laid down in Article 9 has been exceeded. 3. Subsequent exposure conditions shall be subject to the agreement of the occupational health service.

Article 50 Appeals Member States shall lay down the procedure for appeal against the findings and decisions made pursuant to Articles 46, 47 and 49.

Article 51 Protection of outside workers 1. Member States shall ensure that the system for individual radiological monitoring affords outside workers equivalent protection to that for exposed workers employed on a permanent basis by the undertaking. 2. Member States shall ensure that the undertaking is responsible, either directly or through contractual agreements with the employer of outside workers, for the operational aspects of the radiation protection of outside workers that are directly related to the nature of their activities in the undertaking. 3. In particular, Member States shall ensure that, as a minimum requirement, the undertaking shall: (a) for category A workers entering controlled areas, check that the outside worker concerned has been passed as medically fit for the activities to be assigned to the worker; (b) check whether the categorisation of the outside worker is appropriate in relation to the doses liable to be received within the undertaking; (c) for entry into controlled areas, ensure that, in addition to the basic training in radiation protection the outside worker has received specific instructions and training in connection with the characteristics of the workplace and the conducted activities, in accordance with points (c) and (d) of Article 15(1); (d) for entry into supervised areas, ensure that the outside worker has received working instructions appropriate to the radiological risk associated with the sources and the operations involved, as required in point (c) of Article 38(1); (e) ensure that the outside worker has been issued with the necessary personal protective equipment; (f) ensure that the outside worker receives individual exposure monitoring appropriate to the nature of the activities, and any operational dosimetric monitoring that may be necessary; (g) ensure compliance with the system of protection as defined in Chapter III; (h) for entry into controlled areas, ensure or take all appropriate steps to ensure that after every activity the radiological data from individual exposure monitoring of each category A outside worker within the meaning of Annex X, Section B, point 2, are recorded. 4. Member States shall ensure that employers of outside workers ensure, either directly or through contractual agreements with the undertaking, that the radiation protection of their workers is in accordance with the relevant provisions of this Directive, in particular by: (a) ensuring compliance with the system of protection as defined in Chapter III; (b) ensuring that the information and training in the field of radiation protection referred to in points (a), (b) and (e) of Article 15(1), Article 15(2), (3) and (4) is provided. (c) guaranteeing that their workers are subject to appropriate assessment of exposure and, for category A workers, medical surveillance, under the conditions laid down in Articles 39 and 41 to 49; (d) ensuring that the radiological data from the individual exposure monitoring of each of their category A workers within the meaning of Annex X, Section B, point 1, are kept up to date in the data system for individual radiological monitoring referred to in point (d) of Article 44(1). 5. Member States shall ensure that all outside workers make their own cont