Council Resolution on the establishment of national systems for surveillance and control of the presence of radioactive materials in the recycling of metallic materials in the Member States
Date: 2002-05-22
Institutions: Council of the European Union
Subjects: EU Member State, environmental monitoring, metal waste, radioactive pollution, waste recycling

22.5.2002

EN

Official Journal of the European Communities

C 119/7

on the establishment of national systems for surveillance and control of the presence of radio-
active materials in the recycling of metallic materials in the Member States

COUNCIL RESOLUTION

(2002/C 119/05)

THE COUNCIL OF THE EUROPEAN UNION,

Considering that:

(1) The use of radiation technologies in the Member States is
subject to a specific regulatory system that includes strict
control measures contemplating the control of cross-
border movements, and that despite these controls the
presence of uncontrolled radiation sources or materials
contaminated with radionuclides of natural or artificial
origin has been detected among metallic materials
destined for recycling.

(2) The presence of radioactive materials among metals may
have serious consequences for the economy of companies,
the safety of the environment and, in certain cases, the
health of people as happened in the case of several
accidents.

(3) As a complementary measure to the provisions already in
place, and in order to reduce the probability of such
accidents being repeated,
is appropriate to adopt
it
additional, specific and adequate prevention measures,
since there are radiation sources that were used prior to
the current control systems or because there is always the
possibility of a source escaping from the control systems
established or even because such systems are not neces-
sarily applicable.

(4) The prevention of radiological risk in the recycling of
great
the
the metallurgical
and especially in the

lose
importance of

metallic materials
economic and social
industry in most
Member States.

countries,

sight of

cannot

(5) The presence of radioactive materials in metals originates

outside of the metallurgical industry.

(6) In minimising radiological

risk in the metallurgical
industry consideration should be given to the safety
standards applied in this field, which in general are not
subject to any system regulating radiological aspects. The
measures to be adopted should therefore include, among
their basic requirements, the self-protection of the metal-
lurgical industry against this type of risk, preventing, to
the extent possible, the entry into the metallurgical field
of quantities of radioactive material that might damage its
products and its market. Therefore, they should be imple-
mented as soon as possible within the whole commercial
system in that
to raw materials
industry with respect
needed in metal processing plants. This could be supple-
mented by adequate controls and surveillance of
final
products.

(7) The prevention of radiological risk in the recycling of
metals is an activity located at
the interface between
two industrial fields that are traditionally weakly linked,
and that it would, therefore, appear to be appropriate that
implementation be accomplished taking into account the
and
capacities, needs
considering in this
the
prevention measures should be the result of collaboration
between the different agents involved in the two industrial
sectors, including the authorities responsible for decision-
making, the regulators and the metallurgical, recovery and
radioactive waste management sectors.

and interests of both fields,
the design of

respect

that

that

(8) The market for metallic products intended for recycling is
strongly international in nature, and that any action taken
should take this circumstance into account, and in
particular
risk
the minimisation of
should be undertaken homogeneously in the different
countries, especially in the case of the Member States,
between which there are no frontier restrictions, and in
share a
which the radiological protection standards
common basis.

radiological

(9) These measures may contribute very positively to
responding to the public concerns that have arisen as a
result of the accidents that have occurred in steelyards
and scrap-processing centres in recent years.

(10) There is growing concern at international level regarding
trafficking of radioactive material and that,
the illicit
although the prevention of
risk in the
recycling of metals is not directly related to such activities,
the implementation of systems of this type might make
an additional contribution towards alleviating the conse-
quences of such illegal activities.

radiological

(11) In recent years, and as a result of

sector,

various

the radiological
accidents that have occurred in the metallic materials
recycling
international organisations,
among them the International Atomic Energy Agency
(IAEA),
the
International Criminal Police Organisation (ICPO-Interpol)
and the Economic Commission of the United Nations for
Europe (ECE), in collaboration with the Bureau of Inter-
national Recycling (BIR), have adopted initiatives aimed at
minimising radiological risk in this industrial sector.

the World Customs Organisation (WCO),

(12) The

legislation includes basic
existing Community
standards for the protection of
the health of workers
and the general public against the dangers arising from
ionising radiation and that the basic standards include
provisions on clearance levels
to be established by
national competent authorities.

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Official Journal of the European Communities

22.5.2002

(13) The Commission has also taken several

initiatives to
minimise the risks deriving from the presence of radio-
active materials among metallic materials intended for
recycling, among which are the commitment to propose
a Council Directive aimed at improving the control over
high activity sealed radioactive sources in the Member
States, the publication of guidance on the practical use
of the concepts of clearance and exemption and the estab-
lishment of a group of experts from the Member States
on radioactive contamination of scrap metals.

(20) The trans-national nature of

the market

for metallic
materials makes it advisable to develop such national
initiatives within a more global context, in order for the
measures and decisions adopted by the different countries
to be coherent, this being especially relevant in the case of
the European Community, where there are no internal
frontiers and where merchandise may freely circulate
without border controls,

(14) The conclusions of the Council of June 1999 in relation
to the monitoring of metal recycling, and the conclusions
of the Meeting on Preventing Radiological Risk in Metal
Recycling, held in Seville in January 2002, attended by
representatives from radiological protection and metal-
lurgical sectors.

1.

of

radioactive materials

INVITES Member States to examine the measures required
risks deriving from the
to minimise the radiological
presence
among metallic
materials destined for recycling with a view to supple-
menting,
their regulations implementing
Euratom legislation, notably the basic safety standards
directive (1).

if appropriate,

(15) Various Member States, echoing the concerns expressed
by the business associations and trade unions in the
metallurgical sector, have manifested to the Commission
their concern regarding this issue, with the objective of
the
type of measures at
Community level.

latter's undertaking some

2. To that effect, INVITES the Commission, in collaboration
with Member States, to compile the existing measures in
this field.

installation of

radiation monitoring systems

(16) In certain countries additional steps have been taken, with
the
at
steelyards and scrap storage facilities, and that other
complementary measures have been adopted to prevent
the occurrence of this type of incident and to manage the
the metallic
detected
radioactive materials
products destined for recycling.

among

3. UNDERSTANDS that the operability and efficiency of these
radiological risk prevention measures are based on a series
of elements, among which are the adoption of voluntary
measures, such as voluntary agreements, the implemen-
tation of technical or legal measures or a combination of
the
both,
agents
appropriate
procedures
including public
information, preparedness for action against situations of
imminent risk and the analysis of the experience acquired
in order to improve the measures adopted.

the assignment of resources,
the

development
and information paths,

the training of

involved,

of

(17) In certain cases,

these national actions have led to a
specific integrated plan contemplating legal, adminis-
trative,
financial, operational, materials management,
training and information measures, the implementation
of such integrated systems having proved to be efficient
for the detection and control of uncontrolled radiation
sources.

4. ENCOURAGES Member States

the measures
required to establish systems minimising radiological risk
in the recycling of metal at national level and preventing,
radioactive
to the
materials.

the presence of

extent possible,

to adopt

(18) Some of

these national systems are based on various
measures including voluntary action by the industrial
sector and that such actions, based in turn on the respon-
sibility of an industrial sector that has well-established
practices, have proved to be simple to apply and to
provide efficient results.

5.

systems,

INVITES the Commission to promote and facilitate homo-
geneity between the different national systems, to facilitate
the exchange of information between the agents of the
national
in colla-
boration with Member States, the information submitted
by the different national plans such that it may be used as
a reference for updating and improvement, and to identify
possible improvements in order
to bring cross-border
control aspects into harmony.

systematically to compile,

(19) The two fields involved, the metallurgical field and the
nuclear or
radiation protection regulated field, have
repeatedly manifested their desire that national systems
be implemented.

(1) Council Directive 96/29/Euratom of 13 May 1996 laying down
basic safety standards for the protection of the health of workers
and the general public against the danger arising from ionising
radiation (OJ L 159, 29.6.1996, p. 1).

22.5.2002

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Official Journal of the European Communities

C 119/9

radioactive materials

6. ENCOURAGES each Member State to adopt measures to
reduce to a minimum and to the extent possible the
existence of
from a
radiation protection point of view in imports of metallic
materials, to place whatever radioactive materials might be
detected in imported shipments under proper control and
radioactive
to facilitate
the safe return of whatever
materials might be detected in another
country in
shipments originating in their territories, especially in the
case of intra-Community movements of merchandise.

significant

7.

INVITES the Commission to continue its studies on how to
reduce the presence of radioactive materials in imports of
metallic materials and to facilitate their safe return after
the appropriate detection.

8. NOTES

the

that

technical,

and administrative
resources of the country of origin to manage the radio-
active materials safely should be evaluated before returning
radioactive materials to the country of origin.

legal

in order to encourage the
assignment of responsibilities,
detection and the proper treatment of such radioactive
materials.

10. STRESSES the importance of taking the appropriate steps to
ensure that orphan radiation sources are placed under
proper supervision.

11. ENCOURAGES Member States

in the

the Commission,

to collaborate, with the
exchange of
assistance of
information and technology for the devel-
experiences,
opment of
the national systems for the prevention of
radiological risk in the recycling of metallic products, in
particular the risk of having radioactive materials being
recycling and
mixed with scrap metals
SUGGESTS in this respect
that each Member State and
the Commission appoint an organisation for each party
that will be responsible for coordinating the prevention
system.

intended for

9. ENCOURAGES Member States to ensure the establishment
and the implementation of arrangements to facilitate the
management of contaminated materials constituting radio-
active sources, discovered in the recycling loop, with clear

12. ADVISES Member States and the Commission to use the
information arising from the implementation of
these
prevention systems to collaborate with the systems estab-
lished internationally to prevent the illicit trafficking of
radioactive materials.