91/4/Euratom: Commission Recommendation of 7 December 1990 on the application of Article 37 of the Euratom Treaty
Date: 1990-12-07
Institutions: European Commission
Subjects: EAEC Treaty, application of EU law, environmental protection, environmental risk prevention, radioactive waste, waste management













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31991H0004

91/4/Euratom: Commission Recommendation of 7 December 1990 on the application of Article 37 of the Euratom Treaty  


Official Journal L 006 , 09/01/1991 P. 0016 - 0024 





COMMISSION RECOMMENDATION  of 7 December 1990  on the application of Article 37 of the Euratom Treaty  (91/4/Euratom) THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 37 and 124 thereof,  Having consulted the group of experts appointed in accordance with Article 31 of the Treaty by the Scientific and Technical Committee.  Whereas Article 37 requires that each Member State is to provide the Commission with such general data relating to any plan for the disposal of radioactive waste in whatever form as would make it possible to determine whether the implementation of such  plan is liable to result in the radioactive contamination of the water, soil or airspace of another Member State. The Commission is to deliver its opinion within six months, after consulting the group of experts referred to in Article 31;  Considering the experience acquired in the application of the Commission recommendations of 16 November 1960 (1) and 82/181/Euatom (2) concerning the application of Article 37 of the Treaty;  Whereas the Court of Justice of the European Communities in its judgment in Case 187/87 (3) rules that: 'Article 37 of the Treaty of 25 March 1957 establishing the European Atomic Energy Community must be interpreted as meaning that the Commission of  the European Communities must be provided with general data relating to any plan for the disposal of radioactive waste before such disposal is authorized by the competent authorities of the Member State concerned.'  Whereas in the same judgment the Court stated that: 'Consequently, it must be acknowledged that, ( . . ) where a Member State makes the disposal of radioactive waste subject to authorization, the Commission's opinion must, in order to be rendered fully  effective, be brought to the notice of that State before the issue of any such authorization.'  Whereas to ensure that the basic safety standards for the health protection of the population are uniformly applied and to appraise disposal plans in a consistent manner, it is necessary to specify the information to be supplied;  HEREBY RECOMMENDS:    1. That the 'disposal of radioactive waste' within the meaning of Article 37 of the Treaty should cover any form of disposal, planned or accidental, of radioactive substances from the operations listed in the three categories below.  CATEGORY 1 OPERATIONS  (1) The operation of nuclear reactors  (2) The reprocessing of irradiated nuclear fuel  CATEGORY 2 OPERATIONS  (1) The mining, milling and conversion of uranium and thorium  (2) U 235 enrichment of uranium  (3) The fabrication of nuclear fuel  (4) The processing and storage (4) of radioactive waste arising from category 1 and category 2 operations  (5) The sea dumping of radioactive waste from category 1 and category 2 operations  (6) The land or sea burial of radioactive waste from category 1 and category 2 operations  (7) The storage (5) of irradiated nuclear fuel on sites other than those involving category 1 operations  (8) The dismantling (6) of installations involving category 1 operations  (9) The handling or processing of radioactive substances on an industrial scale.  CATEGORY 3 OPERATIONS  All other operations giving rise to radioactive waste.  2. That 'general data' within the meaning of Article 37 of the Treaty be understood to mean:  - for category 1 operations the information set out in Annexes 1A and 2,  - for category 2 operations other than (5) and (6) the information set out in Annex 1A and for category 2, operations (5) and (6), that set out in Annex 1B,  - for category 3 operations the information set out in paragraph 8 (b).  3. That, for plans involving category 1 and category 2 operations, the relevant parts of the 'general data' listed in Annex 1A or 1B be submitted to the Commission whenever possible one year but not less than six months  - before any authorization for the disposal or radioactive waste is granted by the competent authorities,  or  - before start-up of those category 2 operations for which no disposal authorization is foreseen.  4. That, for plans involving category 1 operations, the preliminary 'general data' listed in Annex 2 be submitted to the Commission before permission for construction is granted by the competent authorities.  5. That, if a Member State considers it appropriate, it may request from the Commission an opinion on any plan for the disposal of radioactive waste on its own territory and not called for by the present recommendation.  6. That, if a plan for the disposal of radioactive waste, on which an opinion has already been given under the terms of Article 37, is modified such that this could cause an appreciable increase of the exposure of the population of another Member State,  the relevant 'general data' be submitted to the Commission whenever possible one year but not less than six months before any new authorization for the disposal of radioactive waste is granted by the competent authorities.  7. That, since submission of a plan for the disposal of radioactive waste is the responsibility of the relevant Member State, that Member State accept responsibility for all information submitted to the Commission in respect of such a plan.  8. That there be communicated to the Commission:  (a) every two years, a statement of the radioactive waste discharges from each installation involving category 1 or category 2 operations;  (b) every five years, an estimate of the total radioactive liquid waste discharges from all category 3 operations into any water medium (e.g. hydrographic basin, sea, etc.). This estimate may be based on the discharge data for individual installations  or on measurements in the receiving water medium;  (c) prior to any dumping of radioactive waste in the sea, a copy of the notification communicated to other international bodies.  9. That the Government concerned informs the Commission of the actions it envisages in response to any recommendation given in an opinion of the Commission on a disposal plan.  10. That Member States communicate to the Commission for information the authorization(s) for radioactive waste disposal.  This recommendation is addressed to the Member States.  It replaces recommendation 82/181/Euratom.    Done at Brussels, 7 December 1990.  For the Commission   Carlo RIPA DI MEANA   Member of the Commission   (1) OJ No 81, 21. 12. 1960, p. 1893/60. (2)  OJ No L 83, 29. 3. 1982, p. 15. (3)  Report of Cases before the Court (1988), p. 5013. (4)  Provided that the operation is not incorporated in a plan submitted under another heading. (5)  Provided that the operation is not incorporated in a plan submitted under another heading. (6)  Stage 2 or 3, as defined by the International Atomic Energy Agency (Safety Series No 52, IAEA, Vienna, 1980).    ANNEX 1A  'GENERAL DATA'applicable to category 1 operations and category 2 operations other than (5) and (6)  INTRODUCTION  General presentation of the plan  1. THE SITE AND ITS SURROUNDINGS  1.1 Geographical and topographical situation of the site with  - a map of the region showing the location of the site.  - the location of the plant in relation to other nuclear installations, existing or planned, on the same or other site(s), discharges from which may have implications for discharges from the plant in question,  - the location of the plant with regard to other Member States giving the distances from frontiers and closest conurbations.  1.2. Geology - Seismology  Brief description of  - the main geological features of the region,  - the degree of seismic activity; probable maximum seismic intensity and designated plant seismic response.  1.3. Hydrology  For a plant situated beside a watercourse  Description of the watercourse with  - a general description of its path (major features, main tributaries, estuary, etc.),  - the average waterflow at the site,  - the maximum and minimum waterflows stating frequency and periods of occurrence.  Where the river flows through the territory of one or more other Member States downstream of the site, corresponding information in respect of the State(s).  For a plan situated on the coast  General description of the coastal area with  - heights of the tides,  - direction and force of currents, both local and regional.  In both cases  - flood-risk and protection of the site,  - water-table level and direction of flow.  1.4 Meterology and climatology  - regional climatology taking account of orographic features (plains, valleys, mountain ranges),  - local climatology with frequency distributions of:  -wind directions and speeds,  - precipitation intensity and duration,  - for each wind sector, atmospheric dispersion conditions and duration of temperature inversions.  1.5. Natural resources  Brief description of  - soil characteristics and ecological features of the region,  - water utilization in the region for drinking, irrigation, etc,  - principal food resources, methods and scale of production; crops, stock breeding, fishing, hunting, for discharges into the sea, data on fishing in territorial and extra-territorial waters,  - foodstuffs distribution system and particularly the export to other Member States of agricultural products, fish or game from the regions concerned.  1.6. Other activities in the vicinity of the site  - industrial or military sites, surface and aerial traffic, bulk transport by pipeline,  - possible influence on the plant; protective measures,  - regulations covering industrial or other development.  1.7. Population  - distribution of the populations of interest in other Member States,  - pattern of daily life and eating habits of these populations;  main features; the data required concern the population distribution (density), noting conurbations and any particular characteristics in so far as these are related to the risk of exposure from discharges through the significant exposure pathways.  2. THE PLANT  2.1. Main features of the plant  Brief description of the plant, giving the type, purpose and main features  - for reactors: main features of the reactor, the reactor building, the auxiliary installations, the fuel storage facilities, safety provisions, etc,  - for other plants or laboratories: main features of processes used; throughput of radioactive and fissile materials, installations which make up the plant, safety provisions, etc.  2.2. Ventilation system  Schematic diagrams and description indicating function in normal operating conditions and in the case of an accident, air flows, relative pressures in the buildings and heights of release; data on filters, their efficiency, methods and frequency of  testing.  2.3. Containments  Bried description and main characteristics; methods and frequency of testing for leaktightness.  2.4. Time scale  - commissioning period and date for routine operation of the plant,  - present stage of licensing procedure.  2.5. Decommissioning and dismantling of the plant  Outline of technical and administrative provisions  3. RELEASE OF AIRBORNE RADIOACTIVE EFFLUENTS IN NORMAL OPERATION  3.1. Authorization procedure in force  - outline of the general procedure involved,  - discharge limits envisaged by the authorities (if not available, maximum discharges foreseen).  3.2. Technical aspects  - origins of these radioactive effluents, their composition and physico-chemical forms,  - purification and holdup of these effluents, methods and paths of release.  3.3. Monitoring of discharges  - sampling, measurement and analysis of discharges,  - principal features of the monitoring equipment,  - alarm levels, intervention actions (manual and automatic).  3.4. Evaluation of transfer to man  3.4.1. models and parameters used to calculate:  - atmospheric dispersion of the effluents,  - ground deposition and resuspension,  - transfer via food chains,  - exposure levels via the significant exposure pathways.  3.4.2. evaluation of concentration and exposure levels associated with discharges cited in 3.1. above:  - in the case of continuous release: average annual concentrations of activity in the atmosphere near the ground and surface contamination levels.  - in the case of intermittent release and planned special release: time integrated concentrations in the atmosphere near the ground and surface contamination levels.  These data are to be provided for the most exposed areas in the vicinity of the plant and for relevant areas in other Member States.  - corresponding exposure levels (1): dose equivalents to those living in the relevant areas of other Member States taking account of all significant exposure pathways.  3.5. Radioactive discharges to atmosphere from those installations cited under 1.1.  Where appropriate, procedures for coordination with discharges from other installations, where there may be an additive effect for the exposure levels.  4. RELEASE OF LIQUID RADIOACTIVE EFFLUENTS IN NORMAL OPERATION  4.1. Authorization procedure in force  - outline of the general procedure involved,  - discharge limits envisaged by the authorities (if not available, maximum discharges foreseen).  4.2. Technical aspects  - origins of these radioactive effluents, their composition and physico-chemical forms,  - treatment of these effluents, storage capacities, methods and paths of release.  4.3. Monitoring of discharges  - sampling, measurement and analysis of discharges,  - principal features of monitoring equipment,  - alarm levels, intervention actions (manual and automatic).  4.4. Evaluation of transfer to man  4.4.1. models and parameters used to calculate:  - aquatic dispersion of the effluents,  - their transfer by sedimentation and ion exchange,  - transfer via food chains,  - exposure levels via the significant exposure pathways.  4.4.2. evaluation of the exposure levels (2) associated with the discharges cited in 4.1 above: dose equivalents to those living in relevant areas of other Member States, taking account of all significant exposure pathways.  4.5. Radioactive discharges into the same receiving waters by other installations  Where appropriate, procedures for coordination with discharges from other installations, where there may be an additive effect for the exposure levels.  5. DISPOSAL OF SOLID RADIOACTIVE WASTE  5.1. Categories of solid radioactive wastes and estimated amounts  5.2. Processing and packaging  5.3. Intermediate storage; storage capacities and conditions, radiological risks to the environment, precautions taken  6. UNPLANNED RELEASES OF RADIOACTIVE EFFLUENTS  6.1. Review of accidents of internal and external origin which could result in unplanned releases of radioactive substances  List of the accidents studied in the safety report.  6.2. Reference accident(s) taken into consideration by the competent national authorities for evaluating possible radiological consequences in the case of unplanned releases  Ouline of the accident(s) considered and justification of its (their) choice.  6.3. Evaluation of the radiological consequences of the reference accident(s)  6.3.1. Entailing releases to atmosphere  - assumptions used to calculate the releases to atmosphere,  - release paths; time pattern of the releases,  - amounts and physico-chemical forms of those radionuclides released which are significant from the point of view of health,  - models and parameters used to calculate for the releases their atmospheric dispersion, ground deposition, resuspension and transfer via food chains and to evaluate the exposure levels via the significant exposure pathways,  - maximum time-integrated concentrations of radioactivity in the atmosphere near the ground and maximum surface contamination levels (in dry and wet weather) for the most exposed areas in the vicinity of the plant and for relevant areas in other Member  States,  - corresponding exposure levels (3): dose equivalent to those living in relevant areas of other Member States taking account of all significant exposure pathways.  6.3.2. Entailing releases into an aquatic environment  - assumptions used to calculate the liquid releases,  - release paths, time pattern of releases,  - amounts and physico-chemical forms of those radionuclides released which are significant from the point of view of health,  - models and parameters used to calculate for the releases their aquatic dispersion, their transfer by sedimentation and ion exchange, their transfer via food chains and to evaluate the exposure levels via the significant exposure pathways,  - corresponding exposure levels (1): dose equivalents to those living in the vicinity of the plant and in relevant areas of other Member States taking account of all significant exposure pathways.  6.4. Emergency plans; agreements with other Member States  Brief description of emergency planning zones, emergency reference levels of dose, bilateral or multilateral agreements on transfrontier communications and mutual assistance, rehearsals, reviewing and updating of emergency plans.  7. ENVIRONMENTAL MONITORING  - external radiation levels,  - radioactivity in air, watrer, soil and the food chains.  With reference to 3.1 and 4.1 above, monitoring programms as approved by the competent national authorities, organization, sample forms and frequency, type of monitoring instruments used in normal and accidental circumstances; where appropriate, any  colllaboration arrangements in this respect with neighbouring Member States.   (1) The values submitted should reflect the fact that the results can represent little more than orders of magnitude to which it would be inappropriate to ascribe a false precision. (2)  The values submitted should reflect that the results can represent little more than orders of magnitude to which it would be inappropriate to ascribe a false precision. (3)  The values submitted should reflect that the results can represent little more than orders of magnitude to which it would be inappropriate to ascribe a false precision.    ANNEX 1B  'GENERAL DATA'applicable to category 2, operations (5) and (6)  (for plans concerning new disposal sites)  1. The site and surroundings  Location, depth, geology, seismology, and  for a sea site: seabed characteristics (including the presence of pipelines and submarine cables) currents and other dispersion mechanisms, relevant biological data, risk of disturbance (e.g. by exploitation of marine resources, by dumping of other  wastes etc.)  for a land site: hydrology, use of land and of ground water, repository design including safety features and capacity, long term control of the site.  2. The wastes  Volumes, radionuclides present, activities, prohibited wastes, conditioning and packaging, assumed leak rates and, where appropriate, heat release rates.  3. Environmental effects  Assessment of the radiological consequences to the environment.  4. Operational procedures  Including measures to be taken in the event of incidents.  5. Monitoring  Radiation monitoring programme(s).    ANNEX 2  PRELIMINARY 'GENERAL DATA'  applicable to category 1 operations  1. The site and its surroundings  - map of the region showing the location of the plant with regard to other nearby nuclear installations and to other Member States,  - main seismic characteristics of the region,  - main characteristics of the waterbodies receiving radioactive effluents,  - main regional and local climatological characteristics,  - industrial or military activities in the vicinity of the plant,  - population distribution in adjacent regions of other Member States concerned.  2. The plant  - brief description of the plant and its main safety features,  - time scale of plant construction.  3. Forecast releases of radioactive effluents  - estimate of annual radioactive discharges and their radiological consequences.  4. Accidental releases of radioactive effluents  - list of accidents considered in the preliminary safety report,  - preliminary evaluation of the radiological consequences of the reference accident(s).