TEXT PROPOSED BY THE COMMISSION AMENDMENT

Amendment 1

Proposal for a directive Recital 6

(6) While each Member State is free to decide on its energy mix , after a period of reflection, interest in the construction of new plants has grown and some Member States decided to licence new plants. Furthermore, requests for nuclear power plant life extensions are expected to be presented by licence holders in the years to come . (6) Each Member State is free to decide on its energy mix.

Amendment 2

Proposal for a directive Recital 7

(7) For this purpose best practices should be developed to guide the regulatory bodies in their decisions on the lifetime extension of nuclear installations. (7) Nuclear security is a matter of Community interest, which should be taken into consideration in the event of decisions on licensing new plants and/or extending the lifetime of nuclear installations. For this purpose best practices should be developed to guide the regulatory bodies and Member States when deciding whether or not to license new plants as well as in their decisions on the lifetime extension of nuclear installations.

Amendment 3

Proposal for a directive Recital 9

(9) The continuous improvement of nuclear safety requires that the management systems established and the licence holders ensure the high level of safety for the general public. (9) The continuous improvement of nuclear safety requires that the management systems established and the licence holders and waste managers ensure the highest possible level of safety for the general public.

Amendment 4

Proposal for a directive Recital 10

(10) Fundamentals and requirements set by the International Atomic Energy Agency (IAEA) constitute a framework of practices on which national safety requirements should be based. Member States have made considerable contributions to the improvement of those fundamentals and requirements. (10) Fundamentals , requirements and guidelines set by the International Atomic Energy Agency (IAEA) constitute a set of rules and a framework of practices on which national safety requirements should be based. Member States have made considerable contributions to the improvement of those fundamentals, requirements and guidelines. Those rules should reflect best international practice as regards safety requirements and therefore constitute a good basis for Community legislation. They cannot be introduced into Community law by simple reference to the IAEA Safety Standards Series No. SF-1 (2006) in this Directive. An Annex containing the Fundamental Safety Principles should therefore be added to this Directive.

Amendment 5

Proposal for a directive Recital 13

(13) The provision of information to the public in an accurate and timely manner about important nuclear safety matters should be based on high level of transparency on issues relating to the safety of nuclear installations. (13) The provision of information to nuclear industry workers and the public in an accurate and timely manner about important nuclear safety matters should be based on high level of transparency on issues relating to the safety of nuclear installations.

Amendment 6

Proposal for a directive Recital 13 a (new)

(13a) In order to ensure access to information, public participation and transparency, Member States should take all the appropriate measures to implement the obligations laid down in international conventions that already provide for the necessary requirements in national, international, or trans- boundary contexts, such as the Convention on access to information, public participation in decision-making and access to justice in environmental matters (Aarhus Convention, 25 June 1998) (1).

Amendment 7

Proposal for a directive Recital 15

(15) In order to ensure the effective implementation of safety requirements for nuclear installations, Member States should establish regulatory bodies as independent authorities. Regulatory bodies should be provided with adequate competence and resources in order to be able to discharge their duties. (15) In order to ensure the effective regulation of nuclear installations, Member States should establish regulatory bodies as authorities independent from interests that could unduly affect decisions on nuclear safety issues . Regulatory bodies should be provided with adequate competence and resources in order to be able to discharge their duties.

Amendment 8

Proposal for a directive Recital 19

(19) The regulatory bodies charged with the safety of nuclear installations in the Member States should mainly cooperate through the European High Level Group on Nuclear Safety and Waste Management which has developed ten principles for the regulation of nuclear safety. The European High Level Group on Nuclear Safety and Waste Management should contribute to the Community nuclear safety framework with the aim of continuously improving it. (19) The regulatory bodies charged with the supervision of the nuclear installations in the Member States should mainly cooperate through the European High Level Group on Nuclear Safety and Waste Management . The High Level Group has developed ten principles for the regulation of nuclear safety which are important in the context of this Directive . The European High Level Group on Nuclear Safety and Waste Management should contribute to the Community nuclear safety framework with the aim of continuously improving it.

Amendment 9

Proposal for a directive Article 1 – paragraph 1

1. This Directive aims at achieving, maintaining and continuously improving nuclear safety in the Community and to enhance the role of the national regulatory bodies. 1. This Directive aims at creating a Community framework for nuclear safety in the European Union. It sets out a foundation for legislation and regulatory arrangements in the Member States concerning nuclear safety and aims at achieving, maintaining and continuously improving nuclear safety in the Community and to enhance the role of the national regulatory bodies.

Amendment 11

Proposal for a directive Article 1 – paragraph 2

2. It shall apply to the design, siting, construction, maintenance, operation and decommissioning of nuclear installations, for which consideration of safety is required under the legislative and regulatory framework of the Member State concerned. 2. It shall apply to the design, siting, construction, maintenance, commissioning, operation and decommissioning of nuclear installations and to work carried out by subcontractors used by operators , for which consideration of safety shall be required under the legislative and regulatory framework of the Member State concerned.

Amendment 12

Proposal for a directive Article 2 – point 1

(1) ‘nuclear installation’ means a nuclear fuel fabrication plant, research reactor (including subcritical and critical assemblies), nuclear power plant, spent fuel storage facility, enrichment plant or reprocessing facility; (1) ‘nuclear installation’ means a nuclear fuel fabrication plant, research reactor (including subcritical and critical assemblies), nuclear power plant, spent fuel and radioactive waste storage facility, enrichment plant or reprocessing facility , including facilities for handling and treatment of radioactive substances generated during the operation of an installation ;

Amendment 13

Proposal for a directive Article 2 – point 3

(3) ‘radioactive material ’ means any material containing one or more radionuclides the activity or concentration thereof cannot be disregarded as far as radiation protection is concerned; (3) ‘radioactive substance ’ means any material containing one or more radionuclides the activity or concentration thereof cannot be disregarded as far as radiation protection is concerned;

Amendment 14

Proposal for a directive Article 2 – point 8

(8) ‘regulatory body’ means any body or bodies authorised by the Member State to grant in that Member State licences and to supervise the siting, design, construction, commissioning, operation or decommissioning of nuclear installations ; (8) ‘regulatory body’ means an authority or a system of authorities designated by a Member State as having the legal authority to conduct the regulatory process, including the issue of authorisations, and thereby the regulation of nuclear, radiation, radioactive waste and transport safety ;

Amendment 15

Proposal for a directive Article 2 – point 9

(9) ‘licence’ means any authorisation granted by the regulatory body to the applicant to confer the responsibility for the siting, design, construction, commissioning, operation or decommissioning of nuclear installations; (9) ‘licence’ means any authorisation granted by a government or a national authority approved by that government to the applicant to confer the responsibility for the siting, design, construction, commissioning, operation or decommissioning of nuclear installations;

Amendment 16

Proposal for a directive Article 2 – point 10

(10) ‘new power reactors’ mean nuclear power reactors licensed to operate after the entry into force of this Directive. (10) ‘new power reactors’ mean nuclear power reactors licensed for construction after the entry into force of this Directive.

Amendment 17

Proposal for a directive Article 3 – title

Responsibility and framework for the safety of nuclear installations Legal framework for the safety of nuclear installations

Amendment 18

Proposal for a directive Article 3 – paragraph 1

1. The prime responsibility for the safety of nuclear installations shall rest with the holder of the license under the control of the regulatory body. The safety measures and controls to be implemented in a nuclear installation shall be decided only by the regulatory body and applied by the licence holder. The licence holder shall have the prime responsibility for safety throughout the lifetime of the nuclear installations until its release from regulatory control. This responsibility of the licence holder cannot be delegated. deleted

Amendment 19

Proposal for a directive Article 3 – paragraph 2

2. Member States shall establish and maintain a legislative and regulatory framework to govern the safety of nuclear installations. This shall include national safety requirements, a system of licensing and control of nuclear installations and the prohibition of their operation without a licence and a system of regulatory supervision including the necessary enforcement. 1. Member States shall establish and maintain a legislative and regulatory framework , based on EU and international best available practices, to govern the safety of nuclear installations. This shall include national safety requirements, a system of licensing and control of nuclear installations and the prohibition of their operation without a licence and a system of regulatory supervision, through suspension, modification or revocation of licences including the necessary enforcement.

Amendment 20

Proposal for a directive Article 3 – paragraph 2 a (new)

2a. Member States shall ensure that legislation is put in place to provide for withdrawal of the operating licence of a nuclear installation in cases of serious breaches of the conditions of a licence.

Amendment 21

Proposal for a directive Article 3 – paragraph 2 b (new)

2b. Member States shall ensure that all organisations engaged in activities directly related to nuclear installations shall establish policies that give due priority to nuclear safety.

Amendment 22

Proposal for a directive Article 3 – paragraph 2 c (new)

2c. Member States shall ensure that at least every 10 years the regulatory body and the national regulatory system is submitted to an international peer review aimed at continuously improving the regulatory infrastructure. Member States shall notify the results of the international peer review to the Commission.

Amendment 23

Proposal for a directive Article 3 – paragraph 2 d (new)

2d. Member States may lay down more stringent safety measures than those laid down in this Directive.

Amendment 24

Proposal for a directive Article 4 – title

Regulatory bodies Designation and responsibilities of the regulatory bodies

Amendment 25

Proposal for a directive Article 4 – paragraph – -1 (new)

-1. Member States shall designate a national regulatory body responsible for regulating, supervising and assessing the safety of nuclear installations.

Amendment 26

Proposal for a directive Article 4 – paragraph 1

1. Member States shall ensure that the regulatory body is effectively independent of all organisations whose task is to promote, operate nuclear installations or justify societal benefits and free from any influence that may affect the safety. 1. Member States shall ensure the effective independence of the regulatory body. For this purpose, Member States shall ensure that, when carrying out the tasks conferred upon it by this Directive: (a) the regulatory body is legally distinct and functionally independent from any other public or private entity, and, in particular from those whose task is to promote, operate nuclear installations or justify societal benefits , and free from any influence that may affect safety ; (b) that the staff of the regulatory body and the persons responsible for its management act independently from any market interest and shall not seek or take instructions from any government or other public or private entity, when carrying out its regulatory duties. This requirement shall be without prejudice to close cooperation, as appropriate, with other relevant national authorities.

Amendment 27

Proposal for a directive Article 4 – paragraph 2

2. The regulatory body shall be provided with adequate authority, competence and financial and human resources to fulfil its responsibilities and discharge its duties. It shall supervise and regulate the safety of nuclear installations and ensure the implementation of safety requirements , condition and safety regulations . 2. Member States shall ensure that the regulatory body has adequate authority, competence and financial and human resources to fulfil its responsibilities and discharge its duties. The regulatory body shall supervise and regulate the safety of nuclear installations and ensure that the applicable safety requirements and licensing conditions are met .

Amendment 28

Proposal for a directive Article 4 – paragraph 3

3. The regulatory body shall grant licenses and monitor their application on siting, design, construction, commissioning, operation or decommissioning of nuclear installations. deleted

Amendment 29

Proposal for a directive Article 4 – paragraph 3 a (new)

3a. Member States shall ensure that the regulatory body carries out nuclear safety assessments, investigations and controls and, where necessary, enforcement actions in nuclear installations throughout their lifetime, including during decommissioning.

Amendment 30

Proposal for a directive Article 4 – paragraph 3 b (new)

3b. Member States shall ensure that the regulatory body is empowered to order the suspension of operations of any nuclear installations in cases where safety is not guaranteed.

Amendment 31

Proposal for a directive Article 4 – paragraph 4

4. Regulatory bodies shall ensure that licence holders have at their disposal appropriate staff in terms of numbers and qualifications. deleted

Amendment 32

Proposal for a directive Article 4 – paragraph 5

5. At least every ten years the regulatory body shall submit itself and the national regulatory system to an international peer review aimed at continuously improving the regulatory infrastructure. deleted

Amendment 33

Proposal for a directive Article 4 – paragraph 5 a (new)

5a. Regulatory bodies of the Member States shall exchange best regulatory practice and develop a common understanding of internationally accepted nuclear safety requirements.

Amendment 34

Proposal for a directive Article 5

Member States shall inform the public about the procedures and the results of the surveillance activities on nuclear safety. They shall also ensure that the regulatory bodies effectively inform the public in the fields of their competence. Access to information shall be ensured, in accordance with relevant national and international obligations. Member States shall inform the public and the Commission about the procedures and the results of the surveillance activities on nuclear safety and shall inform the public immediately in the event of any incident . They shall also ensure that the regulatory bodies effectively inform the public in the fields of their competence. Access to information shall be ensured, in accordance with relevant national and international obligations.

Amendment 35

Proposal for a directive Article 6 – paragraph 1 – subparagraph 1

1. Member States shall respect the IAEA safety fundamentals (IAEA Safety Fundamentals: Fundamental safety principles, IAEA Safety Standard Series No. SF-1 (2006)). They shall observe the obligations and requirements incorporated in the Convention on Nuclear safety (IAEA INFCIRC 449 of 5 July 1994) . 1. For the siting, design, construction, operation and decommissioning of nuclear facilities, Member States shall apply those parts of the IAEA safety fundamentals (IAEA Safety Fundamentals: Fundamental safety principles, IAEA Safety Standard Series No. SF-1 (2006)), which are relevant to the creation of a Community framework for nuclear safety, as specified in the Annex. They shall apply the obligations and requirements incorporated in the Convention on Nuclear Safety (2).

Amendment 36

Proposal for a directive Article 6 – paragraph 1 – subparagraph 2

They shall in particular ensure that the applicable principles laid down in the IAEA safety fundamentals are implemented to ensure a high level of safety in nuclear installations, including inter alia effective arrangements against potential radiological hazards, accident prevention and response, ageing management, long term management of all produced radioactive materials and information of the population and the authorities of neighbouring States. deleted

Amendment 37

Proposal for a directive Article 6 – paragraph 2

2. As regards the safety of new nuclear power reactors Member States shall aim to develop additional safety requirements, in line with the continuous improvement of safety on the basis of the safety levels developed by the Western European Nuclear Regulators’ Association (WENRA) and in close collaboration with the European High Level Group on Nuclear Safety and Waste Management . 2. For the licensing of construction of new nuclear power reactors Member States shall aim to develop additional safety requirements, reflecting the continuous improvement of the operating experience of existing reactors, insight gained from safety analyses for operating plants, state of the art methodologies and technology and results of safety research .

Amendment 38

Proposal for a directive Article 6 – paragraph 2 a (new)

2a. The Commission shall ensure that all third countries that wish to enter or are in the process of negotiating their accession to the EU comply, as a minimum, with the standards set out in this Directive and the principles in the Annex, as set by the IAEA.

Amendment 39

Proposal for a directive Article 7 – title

Obligations of licence holders Responsibilities of licence holders

Amendment 40

Proposal for a directive Article 7 – paragraph – -1 (new)

-1. Member States shall ensure that the prime responsibility for the safety of nuclear installations, throughout the lifetime of the nuclear installations, shall rest with the holder of the licence. This responsibility of the licence holder cannot be delegated.

Amendment 41

Proposal for a directive Article 7 – paragraph 1

1. Licence holders shall design, construct, operate and decommission their nuclear installations in accordance with the provisions set out in Article 6(1) and (2) . 1. Member States shall ensure that licence holders are responsible for the design, construction, operation and decommissioning of their nuclear installations in accordance with the provisions set out in Article 6 .

Amendment 42

Proposal for a directive Article 7 – paragraph 2

2. Licence holders shall establish and implement management systems which shall be regularly verified by the regulatory body. 2. Member States shall ensure that licence holders establish and implement management systems which are regularly verified by the regulatory body.

Amendment 44

Proposal for a directive Article 7 – paragraph 3 a (new)

3a. Member States shall ensure that the regulatory body assess regularly the sufficiency and qualifications of the staff of the licence holder, as a prerequisite for ensuring nuclear safety, on the basis of a report presented by the licence holder on the evaluation of employment issues such as health and safety and the safety culture, qualifications and training, numbers of staff employed and use of subcontractors.

Amendment 45

Proposal for a directive Article 7 – paragraph 3 b (new)

3b. The relevant regulatory authorities shall, every three years, present to the Commission and the European social partners a report on nuclear safety and safety culture. The Commission, in consultation with the European social partners, may propose improvements to ensure nuclear safety including health protection at the highest possible level in the EU.

Amendment 46

Proposal for a directive Article 8 – paragraph 1

1. Nuclear safety assessments, investigations, controls and, where necessary, enforcement actions shall be carried out by the regulatory body in nuclear installations throughout their lifetime, including during decommissioning. deleted

Amendment 47

Proposal for a directive Article 8 – paragraph 2

2. The regulatory body shall have the power to withdraw the operating licence in case of serious or repeated safety rules breaches in the nuclear installation. deleted

Amendment 48

Proposal for a directive Article 8 – paragraph 3

3. The regulatory body shall have the power to order the suspension of operations of any nuclear plant if it deems that safety is not fully guaranteed. deleted

Amendment 49

Proposal for a directive Article 9

Appropriate education and training opportunities for continuous theoretical and practical training in nuclear safety shall be made available by Member States separately and through trans-national cooperation. In order to build adequate national human resources and preserve nuclear knowledge, Member States shall ensure that education and training opportunities for basic and continuous theoretical and practical training in nuclear safety , including exchange programmes, are made available by Member States and, if necessary, through transnational cooperation.

Amendment 50

Proposal for a directive Article 10

Article 10 Priority to safety Member States may lay down more stringent safety measures than those laid down in this Directive. deleted

Amendment 51

Proposal for a directive Article 11

Member States shall submit a report to the Commission on the implementation of this Directive by [three years after the entry into force] at the latest, and every three years thereafter . On the basis of the first report, the Commission shall present a report to the Council on progress made with the implementation of this Directive, accompanied, if appropriate, by legislative proposals. Member States shall report to the Commission on the implementation of this Directive at the same time and frequency as for their national reports under review meetings of the Convention of the Nuclear Safety . On the basis of this report, the Commission shall present a report to the European Parliament and the Council on progress made with the implementation of this Directive, accompanied, if appropriate, by legislative proposals.

Amendment 52

Proposal for a directive Article 12 – paragraph 1

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [two years after the date referred to in Article 13] at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive . Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [two years after the date referred to in Article 13] at the latest. They shall forthwith communicate to the Commission the text of those provisions.

Amendment 53

Proposal for a directive Annex (new)