Report On the implementation of the obligations of the Convention on Nuclear Safety - European Atomic Energy Community
Date: 2001-10-09
Institutions: European Commission
Subjects: EAEC, accident prevention, civil defence, environmental protection, international convention, ionising radiation, nuclear safety, report

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 09.10.2001
COM(2001) 568 final

REPORT

On the implementation of the obligations

of the

Convention on Nuclear Safety
_______________

European Atomic Energy Community

(presented by the Commission)

REPORT

On the implementation of the obligations

of the

Convention on Nuclear Safety
_______________

European Atomic Energy Community

2

Summary

The European Atomic Energy Community (Euratom) is a regional organisation as referred to
in Article 30 (4) of the Convention on Nuclear Safety. It acceded to the Convention on 31
January 2000, following the entry into force of the Convention for all its fifteen Member
States.

The report is structured according to the guidelines established by the Contracting Parties to
the Convention (INFCIRC/572/Rev.1).

Section 1, Introduction gives an overview of the relationships of Euratom with its Member
States and recalls the terms of the Declaration by Euratom according to Article 30 (4) (iii) of
the Convention.

Section 2, Implementation of the Convention, contains the article by article review, limited in
compliance with the above-mentioned Declaration.

Section 3, Planned activities to improve safety, refers to the current Euratom Framework
Programme for research and training activities.

1.

INTRODUCTION

1.1.

The European Atomic Energy Community (hereinafter Euratom) was created by the
Treaty establishing the European Atomic Energy Community signed in Rome on 25
March 1957. Euratom, the European Coal and Steel Community and the European
Community, formerly European Economic Community, are referred to collectively
as the European Communities.

Since the adoption,
in 1992 in Maastricht, of the Treaty on European Union,
establishing a European Union founded on the European Communities, the term
European Union is widely utilised in a general sense.

The Treaty establishing the European Atomic Energy Community, the Euratom
Treaty, was amended several times since its first adoption, particularly to take
account of the increased number of Member States, and on procedural matters. The
latest modifications in force were introduced by the Treaty of Amsterdam signed on
2 October 1997.

1.2.

Euratom complies with the qualifications required under Article 30(4) of the
Convention for becoming party to the Convention. It acceded to the Convention by a
Decision of the Commission of 16 November 19991 according to Article 101 of the
Treaty following a Decision of the Council of 1998. The instruments of accession
were deposited with the Director General of the International Atomic Energy Agency
on 31 January 2000, and the Convention thus entered into force for Euratom on 30
April 2000, in accordance with Article 31(2) of the Convention.

This is the first report of Euratom on the measures it has taken to implement each of
the obligations of the Convention, as required by Article 5 of the Convention. It is

1

Commission Decision 1999/819/Euratom of 16 November 1999 concerning the accession to the 1994
Convention on Nuclear Safety by the European Atomic Energy Community (Euratom), OJ. L 318,
11.12.1999, p 20.

3

complementary to the reports submitted by the Member States of Euratom, which are
Contracting Parties of the Convention.

1.3.

Euratom does not possess nuclear installations as defined in Article 2(1) of the
Convention2. Nuclear installations exist in the territory to which the Euratom Treaty
applies. The responsibility for the safety of such installations belongs to the Member
States on which territories the nuclear installation is located.

Euratom responsibilities will appear from the details given below; they are centred
around protection of the health of workers and the general public against the dangers
arising from ionising radiation.

1.4

The instruments of accession included the declaration required by Article 30(4)(iii)
of the Convention. The text of the declaration is as follows:

“Declaration by the European Atomic Energy Community according to the
provisions of Article 30(4)(iii) of the Nuclear Safety Convention

the European Atomic Energy
The following states are presently members of
Community: the Kingdom of Belgium,
the Federal
Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French
Republic, Ireland,
the
Kingdom of the Netherlands, the Republic of Austria, the Portuguese Republic, the
Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain
and Northern Ireland.

the Grand Duchy of Luxembourg,

the Kingdom of Denmark,

the Italian Republic,

The Community declares that Articles 15 and 16(2) of the Convention apply to it.
Articles 1 to 5, Article 7(1), Article 14(ii) and Articles 20 to 35 also apply to it only
in so far as the fields covered by Articles 15 and 16(2) are concerned.

The Community possesses competence, shared with the above-mentioned Member
States, in the fields covered by Articles 15 and 16(2) of the Convention as provided
for by the Treaty establishing the European Atomic Energy Community in Article
2(b) and the relevant Articles of Title II, Chapter 3 entitled ‘Health and safety’.3”

1.5.

The signatories of the Euratom Treaty stated, in the preamble to the Treaty, that they
are, amongst other things,:

-

-

anxious to create the conditions of safety necessary to eliminate hazards to the
life and health of the public;

desiring to associate other countries with their work and to cooperate with
international organisations concerned with the peaceful development of atomic
energy.

2

3

For the purpose of the Convention, ‘nuclear installation’ means for each Contracting Party any land-
based civil nuclear power plant under its jurisdiction including such storage, handling and treatment
facilities for radioactive material as are on the same site and are directly related to the operation of the
nuclear power plant. Such a plant ceases to be a nuclear installation when all nuclear fuel elements have
been removed permanently from the reactor core and have been stored safely in accordance with
approved procedure, and a decommissioning programme has been agreed to by the regulatory body.
This paragraph is presently the subject of proceedings in the European Court of Justice which may
result in the deposit of a new Declaration to replace the existing one. O.J. C 100, 10.04.1999, p. 9

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These statements are in complete accordance with the objectives of the Convention,
as set out in Article 1 thereof.

In effect,
Convention’s objectives, which are threefold, that is:

this Article (read with Article 2, “Definitions”)

focuses on the

-

-

-

a high level of nuclear safety;

protection from ionising radiation of the population and of the environment in
the design, siting, construction and operation of nuclear installations and

prevention of accidents and mitigation of the radiological consequences of such
accidents.

1.6.

Article 2 of the Euratom Treaty states that
Community shall, as provided for in the Treaty, and amongst other things:

in order to perform its task,

the

-

-

-

Promote research and ensure the dissemination of technical information;

Establish uniform safety standards to protect the health of workers and of the
general public and ensure that they are applied;

Establish with other countries and international organisations such relations
as will foster progress in the peaceful uses of nuclear energy4.

Title Two, Chapter III, Health and Safety of the Euratom Treaty, sets out a number
of detailed provisions intended to establish, give effect and apply the basic standards
mentioned in Article 2(b). It remains unchanged since the Euratom Treaty came into
force in 1958.

Article 37 of the Treaty confers on Euratom a direct responsibility as regards
protection against the dangers of ionising radiation from the disposal of radioactive
waste. It reads as follows:

“Each Member State shall provide the Commission with such general data relating
to any plan for the disposal of radioactive waste in whatever form as will 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 shall deliver its opinion within six months, after consulting the
group of experts referred to in Article 31.”

The Commission opinion pursuant to Article 37 of the Euratom Treaty must, in order
to be rendered fully effective, be brought to the notice of the State delivering the
authorisation, before the issue of such authorisation. The opinions delivered by the
Commission under Article 37 are published in the Official Journal of the European
Communities.

4

Articles 101 to 103 of the Treaty confer authority upon Euratom to negotiate and to conclude
agreements, or contracts with a third State, an international organisation or a national of a third State.

5

A substantial corpus of Euratom legislation relevant to radiation protection has been
adopted and updated in the course of the years.

Council Directive 96/29/Euratom laying down basic safety standards for the health
the dangers of ionising
protection of the general public and workers against
radiation5, is the central element of this legislation (hereafter “the Basic Safety
Standards Directive”). The existing Euratom legislation is completed by a set of
European Community regulations establishing provisions on the conditions
governing imports of agricultural products originating in third countries following
the accident at the Chernobyl nuclear power plant aimed at safeguarding the health of
consumers of such products.

The relationship between the legislation adopted by Euratom and the national
regulatory systems of the Member States, according to Article 161 of the Treaty, is
as follows:

in
“In order to carry out
accordance with the provisions of this Treaty, make regulations, issue directives, take
decisions, make recommendations or deliver opinions.

their task the Council and the Commission shall,

A regulation shall have general application. It shall be binding in its entirety and
directly applicable in all Member States.

A directive shall be binding, as to the result to be achieved, upon each Member
States to which it is addressed, but shall leave to the national authorities the choice
of form and methods.

A decision shall be binding in its entirety upon those to whom it is addressed.

Recommendations and opinions shall have no binding force.”

Article 164 of the Euratom Treaty states that enforcement of regulations, directives
and decisions shall be governed by the rules of civil procedure in force in the State in
the territory of which it is carried out.

5

Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the health
protection of the general public and workers against the dangers of ionising radiation, O.J. L 159,
29.6.1996, p. 1.

6

2.

IMPLEMENTATION OF THE CONVENTION

Article by Article Review

In compliance with the declaration referred to above, this section deals with Articles 15 and
16(2) of the Convention and, insofar as the fields covered by those Articles are concerned,
with Articles 1 to 5, Article 7(1), Article 14(ii) and Article 20 to 35 in relation to Chapter III
of the Euratom Treaty and derived Community law.

2.1.

Article 7 of the Convention – LEGISLATION AND REGULATORY ISSUES

The Euratom Treaty itself, especially in its Title Two, Chapter III, Health and Safety,
sets out obligations binding Euratom and its Institutions as well as the Member
States. Articles 31 and 32 of the Treaty set out the procedure by which derived
legislation relevant to the radiation protection basic standards is established.

The procedure involves three of the five Euratom institutions6 namely the European
Parliament, the Council and the Commission. It also involves an Economic and
Social Committee of advisory status. The Court of Justice ensures that
in the
interpretation and application of the Treaty the law is observed.

The main features of the Euratom legal system relevant to radiation protection are
summarised in section 1 of the present report.

2.2.

Article 15 of the Convention – RADIATION PROTECTION

2.2.1. Article 2(b) of the Euratom Treaty requires the European Atomic Energy Community
to establish uniform safety standards to protect the health of the workers and of the
general public and to ensure that
they are applied. Article 218 of the Treaty
underlines the importance for Euratom of the basic standards; and it requires that
they shall be determined within one year of the entry into force of the Treaty. They
were first established in 1959, and the current safety standards are set out in the
Basic Safety Standards Directive7.

the International
The Directive is based on the 1990 Recommendation of
Commission on Radiological Protection (ICRP) and is consistent with the
International Basic Safety Standards for Protection against Ionising Radiation and for
the Safety of Radiation Sources sponsored and issued by the International Atomic
Energy Agency and jointly sponsored by other five International Organisations with
competence in radiation protection.

6

7

The Euratom institutions, European Parliament, Council, Commission, Court of Justice and Court of
Auditors, are common to the European Coal and Steel Community, to the European Community and to
the European Union.
See footnote 5

7

The Basic Safety Standards Directive is structured in ten Titles as follows:

Title I

Title II

Title III

Title IV

Title V

Title VI

Title VII

Title VIII

Definitions

Scope

Reporting
practices

and

authorisation

of

Justification, optimisation and dose
limitation for practices

Estimation of effective dose

principles

governing
Fundamental
exposed
operation
workers, apprentices and students for
practices

protection

of

Significant increase in exposure due to
natural radiation sources

Implementation of radiation protection
normal
the
for
circumstances

population

in

Title IX

Intervention

Title X

Final provisions

2.2.2. Optimisation (ALARA) Principle

The general principles of radiation protection: justification, optimisation and dose
limitation are mandatory under Article 6. In particular, as regards optimisation,
Article 6(3)(a) reads:

“Each Member States shall ensure that, in the context of optimisation, all exposures
shall be kept as low as reasonably achievable, economic and social factors being
taken into account.”

2.2.3. Dose Limits

As regards dose limitation, the Basic Safety Standards Directive sets out dose limits
for exposed workers, for apprentices and students and for members of the public. The
relevant Articles are follows:

Article 9 – Dose limits for exposed workers

1.

The limit on effective dose for exposed workers shall be 100 millisieverts
(‘mSV’) in a consecutive five-year period, subject to a maximum effective dose
of 50 mSv in any single year. Member States may decide an annual amount.

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2. Without prejudice to paragraph 1:

(a)

(b)

the limit on equivalent dose for the lens of the eye shall be 150 mSv in a
year;

the limit on equivalent dose for the skin shall be 500 mSv in a year. This
limit shall apply to the dose average over any area of 1 cm2, regardless
of the area exposed;

(c)

the limit on equivalent dose for the hands, forearms, feet and ankles shall
be 500 mSv in a year.

Article 11 –Dose limits for apprentices and students

1.

2.

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 use sources
shall be the same as the dose limits for exposed workers laid down in Article 9.

The limit for 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 use sources shall be 6 mSv per year.

Without prejudice to this dose limit:

(a)

(b)

(c)

the limit on equivalent dose for the lens of the eye shall be 50 mSv in a
year;

the limit on equivalent dose for the skin shall be 150 mSv in a year. This
limit shall apply to the dose average over any area of 1 cm2, regardless
of the area exposed;

the limit on equivalent dose for the hands, forearms, feet and ankles shall
be 150 mSv in a year.

3.

The dose limits for apprentices and students who are not subject
to the
provisions of paragraphs 1 and 2 shall be the same as the dose limits for
members of the public specified in Article 13.

Article 13 – Dose limits for members of the public

1. Without prejudice to Article 14, the dose limits for members of the public shall

be as laid down in paragraphs 2 and 3.

2.

The limit for effective dose shall be 1 mSv in a year. However, in special
circumstances, a higher effective dose may be authorised in a single year,
provided that the average over five consecutive years does not exceed 1 mSv
per year.

3. Without prejudice to paragraph 2:

(a)

the limit on equivalent dose for the lens of the eye shall be 15 mSv in a
year;

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(b)

the limit on 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.

2.2.4. Conditions for the release of radioactive materials

Article 37 of the Euratom Treaty, as mentioned in the introduction of this Report, is
relevant to the release of radioactive materials from the disposal of radioactive waste.

Article 4(1)(a) of the Basic Safety Standards Directive requires, amongst other
things, that “operation and decommissioning of any facility of the nuclear fuel cycle”
be subject to prior authorisation.

As regards practices involving a risk from ionising radiation for the population,
Article 43 and Article 44 of the Basic Safety Standards Directive require Member
States to apply the fundamental principles governing operational protection of the
population. In particular, Article 44 states that:

“Operational protection of the population means all arrangements and surveys for
detecting and eliminating the factors which, in the course of any operation involving
exposure to ionising radiation, are liable to create a risk of exposure for the
population which cannot be disregarded from the radiation protection point of view.
Such protection shall include the following tasks:

(a)

(b)

examination and approval of plans for installations involving an exposure risk,
and of the proposed siting of such installations within the territory concerned,
from the point of view of radiation protection;

to adequate
acceptance into service of such new installations subject
protection being provided against any exposure or radioactive contamination
liable to extend beyond the perimeter,
if relevant,
demographic, meteorological, geological, hydrological and ecological
conditions;

taking into account,

(c)

examination and approval of plans for the discharge of radioactive effluents.

These tasks shall be carried out in accordance with rules laid down by the competent
authorities on the basis of the extent of the exposure risk involved”.

Article 49 of the Basic Safety Standards Directive requires Member States to
consider the possibility of radiological emergencies from practices subject to the
Directive, and to assess the corresponding potential exposures.

Estimates and records of population doses in relation to nuclear installations as
defined by the Convention are required by Article 45 as follows:

The competent authorities shall:

(a)

ensure that dose estimates from practices subject to prior authorisation are
made as realistic as possible for the population as a whole and for reference
groups of the population in all places where such groups may occur;

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(b)

decide on the frequency of assessments and take all necessary steps to identify
the effective
the reference groups of
pathways of transmission of the radioactive substances;

taking into account

the population,

(c)

ensure, taking into account the radiological risks, that the estimates of the
population doses include:

-

-

-

assessment of the doses due to external radiation, indicating, where
appropriate, the quality of the radiation in question,

assessment of the intake of radionuclides, indicating the nature of the
radionuclides and, where necessary, their physical and chemical states,
these
and determination of
radionuclides,

the activity and concentrations of

assessment of the doses that the reference groups of the population are
liable to receive and specification of the characteristics of these groups.

(d)

require records to be kept relating to measurements of external exposure,
estimates of intakes of radionuclides and radioactive contamination as well as
the results of the assessment of the doses received by reference groups and by
the population.

2.2.5. Regulatory control activities

Verifications with respect to radiation protection are carried out by the Member
States in compliance with Article 35 of the Treaty that requires the establishment of
facilities “to carry out continuous monitoring of the level of radioactivity in the air,
water and soil and to ensure compliance with the basic standards.

The Commission shall have the right of access to such facilities; it may verify their
operation and efficiency.”

The result of the checks carried out by the Member States under Article 35 are
periodically communicated to the Commission under Article 36 of the Treaty.
Commission Recommendation 2000/473/Euratom8 aims at ensuring uniformity,
comparability, transparency and timeliness of the data reported. The Commission
regularly publishes summaries of the data reported by Member States. It also
exercises its right of access conferred on it by Article 35 of the Treaty.

Article 46 of the Basic Safety Standards Directive provides as follows:

As regards health protection of the population each Member State shall establish a
system of inspection to enforce the provisions introduced in compliance with this
Directive and to initiate surveillance in the area of radiation protection.

8

Commission Recommendation 2000/473/Euratom of 8 June 2000 on the application of Article 36 of the
Euratom Treaty concerning the monitoring of the levels of radioactivity in the environment for the
purpose of assessing the exposure of the population as a whole. O.J. L 191, 27.07.2000, p. 37

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2.3.

Article 16 of the Convention – EMERGENCY PREPAREDNESS

Two texts of European legislation are specific to information of competent
authorities and of members of the public.

2.3.1

Council Decision 87/600/Euratom9 sets out arrangements for the early exchange of
information between competent authorities in the event of a radiological emergency.
These arrangements “apply to the notification and provisions of
information
whenever a Member State decides to take measures of a wide-spread nature in order
to protect the general public in case of a radiological emergency” (Article 1 of the
Decision).

Article 2(i) of this Decision sets out the actions to be taken by the Member State that
initially decides to take measures as referred to in Article 1 as follows:

(a)

(b)

forthwith notify the Commission and those Member States which are, or are
likely to be, affected of such measures and the reasons for taking them;

promptly provide the Commission and those Member States which are, or are
likely to be, affected with available information relevant to minimising the
foreseen radiological consequences, if any, in those States.

Article 2(2) encourages Member States to notify their “intention to take without
delay measures as referred to in Article 1”.

The Decision also specifies the nature of the information that shall be provided and
requires that the initial information is supplemented at appropriate intervals.

The Commission forwards the information it receives from a Member State to all the
Member States that have not already been directly informed by the initiating Member
States.

The Decision applies to the Member States of Euratom. It also applies to Switzerland
following an agreement between Euratom and Switzerland 10.

The Decision is compatible with the Convention on Early Notification of a Nuclear
Accident, as demonstrated by several exercises carried out in cooperation with the
IAEA and the States participating in such exercises.

9

10

Council Decision 87/600/Euratom of 14 December 1987 on Community arrangements for the early
exchange of information in the event of a radiological emergency, O.J. L 371, 30.12.1987, p. 76.
Concluded by exchange of letters in June 1995, OJ. C 335, 13.12.1995, p. 4.

12

2.3.2. Council Directive 89/618/Euratom11 deals with informing the general public about
health protection measures to be applied and steps to be taken in the event of a
radiological emergency.

The Directive specifies two types of information that has to be given to the members
of the public:

preventive information to be given to the population groups for which Member

-
States have drawn up intervention plans in the event of a radiological emergency;

information in the event of a radiological emergency, to be given to the
-
population groups actually affected in the event of a radiological emergency and for
which specific protection measures are taken.

11

Council Directive 89/618/Euratom of 27 November 1989 on informing the general public about health
protection measures to be applied and steps to be taken in the event of a radiological emergency, OJ. L
357, 7.12.1989, p. 31.

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3.

PLANNED ACTIVITIES TO IMPROVE SAFETY

Pursuant to Article 7 of the Treaty, Euratom implements research and training
programmes on matters related to Articles 15 and 16(2) of the Convention.

The 5th Euratom Framework Programme for research and training activities12 (1998-
2002) is being implemented.

The programme includes indirect actions, executed by research and development
institutions in the Member States, and direct actions carried out by the Joint Research
Centre of the Commission.

Those indirect actions are mainly encompassed within the key action ‘Nuclear
Fission’, and within the generic research activities on “Radiological Sciences”.

The key action ‘Nuclear Fission’ is organised under various areas: ‘Operational
safety of existing installations’, ‘Safety of the fuel cycle’, ‘Safety and efficiency of
future systems’ and ‘Radiation protection’. The objectives are: (i) to ensure the
protection of workers and the public from radiation and the safe and effective
management and final disposal of radioactive waste, (ii) to explore more innovative
concepts that are sustainable and have potential longer term economic, safety, health
and environmental benefits and (iii) to contribute towards maintaining a high level of
expertise and competence on nuclear technology and safety.

The objectives of the generic research activities on radiological science are to
consolidate and advance knowledge and competence essential for the safe use of
nuclear fission and other industrial and medical uses of ionising radiation, including
the management of natural sources of radiation. The research will also contribute to
the harmonised implementation of the Basic Safety Standards in the area of radiation
protection and to their further consolidation.

As for direct actions, in accordance with its task of providing scientific and tehcnical
support for EU policies, the JRC focuses its activities on the following fields: waste
treatment and storage; radiation protection; reactor safety; control of fissile materials
and support to non-profileration; radionuclide metrology.

12

Council Decision of 25 January 1999 adopting a research and training programme (Euratom) in the
field of nuclear energy (1998 to 2002) O.J. L 64, 12.3.1999, p. 142.

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