Amended proposal for a Council Directive (Euratom) laying down basic obligations and general principles on the safety of nuclear installations
Date: 2004-09-08
Institutions: European Commission
Subjects: civil defence, committee (EU), decommissioning of power stations, nuclear power station, nuclear safety, radiation protection, radioactive waste

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 8.9.2004 
COM(2004) 526 final 

2003/0021 (CNS) 
2003/0022 (CNS) 

Amended proposal for a 

COUNCIL DIRECTIVE (Euratom) 

laying down basic obligations and general principles on the safety of nuclear 
installations 

Amended proposal for a 

COUNCIL DIRECTIVE (Euratom) 

on the safe management of the spent nuclear fuel and radioactive waste 

(presented by the Commission pursuant to Article 119 (2) 
of the Euratom Treaty) 

EN 

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EXPLANATORY MEMORANDUM  

1. 

CONTEXT  

On  30  January  2003,  the  Commission  adopted  two  proposals  for  Directives  dealing 
respectively  with  the  safety  of  nuclear  facilities  and  the  management  of  spent  fuel  and 
radioactive  waste1.  The  legal  bases  of  these  two  proposals  are  in  Chapter  3  of  the  Euratom 
Treaty, which concerns health protection.  

After the European Economic and Social Committee gave its opinion on 27 March 2003, both 
proposals were forwarded to the Council on 2 May 2003. In accordance with the procedure in 
Article  31  of  the  Euratom  Treaty,  the  Council  requested  the  opinion  of  the  European 
Parliament. The European Parliament adopted opinions on the proposals in its plenary session 
on 13 January 2004.  

The opinion of the European Parliament supports the approach taken by the Commission of 
endowing  the  enlarged  European  Union  with  binding  legislation  in  the  field  of  safety  of 
nuclear  facilities  and  of  radioactive  waste  management.  Parliament  adopted  a  number  of 
amendments, the majority of which are acceptable to the Commission. At the same time, both 
proposals  were  discussed  in  Council  under  the  Italian  and  Irish  Presidencies.  Texts  evolved 
which did not deviate from the political targets that the Commission had set itself in adopting 
the proposals. 

In  addition  to  the  consultations  resulting  from  the  legislative  procedure  provided  for  in  the 
Euratom Treaty, the Commission carried out numerous consultations, with both the national 
authorities  and  industries  concerned  with  its  proposals,  individually  or  collectively  through 
various  fora,  before  the  submission  of  the  proposals  for  Directives  and  during  their 
examination  process.  Consultations  were  also  undertaken  with  international  organizations, 
such as the International Atomic Energy Agency and the Nuclear Energy Agency.  

The Commission took also advantage of its participation in various international meetings to 
present its legislative proposals. In this regard, the proposals were presented and discussed in 
various meetings organized not only within Member States but also with third States. These 
meetings  made  it  possible  to  describe  the  evolution  of  both  proposals  for  Directives 
throughout the discussion process with the European Parliament and the Council.  

2. 

NATURE OF THE AMENDMENTS  

The main amendments adopted by the European Parliament concern the following points:  

2.1. 

Proposal for a Directive in the field of safety of nuclear facilities  

The main request of the European Parliament concerns the financing of the decommissioning 
of nuclear facilities. The expectations of the Parliament are very large on this matter, as the 
inter-institutional agreement concluded on 26 June 20032, at the time of the adoption of the 
Directive on common rules for the internal electricity market testifies. This agreement stresses 

1 
2 

COM(2003) 32. 
OJ L 176 of 15.7.2003, p 56. 

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the  need  for  the  Member  States  to  ensure  that  adequate  financial  resources  for  the 
decommissioning of nuclear facilities are available and can be used only to this end. 

The  European  Parliament  pointed  out  that  there  exists  among  Member  States  a  diversity  of 
methods  to  finance  decommissioning  operations.  This  diversity  can  lead  to  distortions  of 
competition and to discriminations between the producers of nuclear power. The Commission 
had stressed during the debates in the European Parliament the importance of this question in 
the context of the internal market of electricity. It stated however that it had to be addressed 
through the means of appropriate Community instruments and not through the directive on the 
common  rules  for  the  internal  market  of  electricity.  The  Commission  considered  in  this 
respect that the Euratom Treaty offered a suitable framework.  

To  meet  the  expectations  of  Parliament,  it  would  be  necessary  to  insert  a  provision  in 
paragraph 2 of Article 9 aiming to guarantee the availability of financial resources and their 
assignment to decommissioning. In view of the opposition of a majority of Member States, in 
the Council, to the adoption of a substantial provision in this field, it is proposed to give up 
this provision under the Directive on nuclear safety. The Commission reserves for itself the 
possibility  to  quickly  submit  any  suitable  alternative  initiative,  without  excluding  the  E.C. 
Treaty.  

The other amendments of the European Parliament which are acceptable to the Commission 
already appear, to a large extent, in the compromise text of the Council.  

2.2. 

Proposal for a Directive on radioactive waste management  

The  main  amendments  of  the  European  Parliament  acceptable  to  the  Commission  concern 
methods  of  public  information  and  provisions  concerning  research  and  development.  The 
current text of the Council already incorporates these elements to a large degree, except for 
the  amendments  concerning  research  on  radioactive  waste  management,  which  therefore 
necessitate the introduction of a new article in the proposal. However, it is not necessary to 
maintain a reference to the possibility of creating a Joint undertaking. Indeed, certain Member 
States  are  hostile  to  the  mentioning  of  this  possibility  in  the  Directive.  In  any  event,  the 
Euratom Treaty already gives this possibility. 

It  is  important  to  stress  that  in  its  amendments,  the  European  Parliament  suppressed  the 
Community  timetable  concept  for  the  authorizations  of  development  and  operation  of  final 
disposal  sites.  Member  States  are  free  to  determine  their  own  dates.  The  discussions  in  the 
Council, in addition, showed clearly that Member States are deeply hostile to the Community 
timetable concept for final disposal. The safety authorities of the Member States consider that 
respect  of  such  a  timetable  could,  in  certain  cases,  compel  them  to  grant  an  authorization 
which would not be in conformity with their technical assessment of the safety of a disposal 
site.  A  more  flexible  system  leaving  the  Member  States  free  to  fix  their  own  dates,  with 
respect  of  timetables  based  on  the  peer  pressure,  such  as  in  IAEA  conventions,  appears 
therefore preferable and corresponds to the position of the European Parliament. 

3. 

CONCLUSION  

The amendments adopted by the European Parliament and acceptable by the Commission do 
not  alter  the  political  targets  that  the  Commission  set  itself  on  30  January  2003  in  adopting 
both proposals for Directives. 

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A  Community  intervention  is  indispensable  to  guarantee  the  maintenance  of  a  high  level  of 
nuclear safety within the enlarged European Union. The international conventions in the field 
of the safety of nuclear facilities and of the management of irradiated fuels and of radioactive 
waste  are  certainly  legally  binding  for  their  contracting  parties,  but  they  remain  inciting  by 
nature.  They  do  not  set  up  any  mechanism  to  ensure  that  the  obligations  which  result  from 
them are respected. They do not have the same effectiveness as a Community intervention and 
cannot therefore be considered as a substitute. The absence of Community legislation would 
be, in addition, prejudicial to Community citizens and to the interest of the enlarged European 
Union.  

These  revised  proposals  are  the  occasion  for  the  Commission  to  give  its  assent  on  certain 
amendments brought by the European Parliament, but also on the developments of the texts 
following the discussions within the Council.  

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2003/0021 (CNS) 

Modified proposal for a  

COUNCIL DIRECTIVE (Euratom) 

laying down basic obligations and general principles on the safety of nuclear 
installations 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission3, 

Having regard to the opinion of a group of persons appointed by the Scientific and Technical 
Committee from among scientific experts in the Member States, in accordance with Article 31 
of the Treaty,  

Having regard to the opinion of the European Economic and Social Committee4, 

Having regard to the opinion of the European Parliament5, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

3 
4 
5 
6 
7 

Article  2(b)  of  the  Treaty  stipulates  that  the  Community  shall,  as  provided  in  this 
Treaty, establish uniform safety standards to protect the health of workers and of the 
general public and ensure that they are applied. 

Article  30  of  the  Treaty  stipulates  that  basic  standards  shall  be  laid  down  within  the 
Community for the protection of the health of workers and the general public against 
the dangers arising from ionising radiations.  

Council Directive 96/29/Euratom 6 lays down basic safety standards for the protection 
of  the  health  of  workers  and  the  general  public  against  the  dangers  arising  from 
ionising radiation. 

The accident at the Chernobyl nuclear power station in 1986 highlighted the need for 
the Community to supplement the basic standards in force at the time with provisions 
applying  in  case  of  a  radiological  emergency.  Accordingly,  Council  Decision 
87/600/Euratom7  established  arrangements  for  the  early  exchange  of  information  in 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 159, 29.6.1996, p. 1. 
OJ L 371, 30.12.1987, p. 76. 

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the event of a radiological emergency while 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  emergency8  imposed 
obligations  on  the  Member  States  on  informing  the  general  public  in  the  event  of  a 
radiological emergency. 

The basic standards were further supplemented by Council Directive 92/3/Euratom on 
the supervision and control of shipments of radioactive waste between Member States 
and into and out of the Community9 and by Council Regulation (Euratom) No 1493/93 
of 8 June 1993 on shipments of radioactive substances between Member States10. 

Council  Directive  2003/122/Euratom  of  22  December  2003  on  the  control  of  high 
activity sealed radioactive sources and orphan sources11 sets out specific requirements 
to ensure that such sources are kept under control including when they become disused 
sources. 

Although  the  radiation  protection  system  created  by  the  basic  standards  in  force 
ensures  a  high  level  of  protection  for  the  health  of  the  population  based  on  current 
scientific knowledge on this subject, this must be supplemented to ensure that a high 
level of safety of nuclear installations is maintained. Keeping up a high level of safety 
from  conception  to  decommissioning  by  maintaining  effective  defences  against 
radiological 
radiological 
risks  and  preventing  accidents  which  could  have 
consequences  is  a  sine  qua  non  in  order  to  fully  attain  the  objectives  of  health 
protection set out in Article 2(b) of the Treaty. 

The  Member  States  have  already  implemented  measures  enabling  them  to  achieve  a 
high level of nuclear safety within the EU. The evaluation of nuclear safety in the new 
Member States , carried out by the Council, has ascertained that these countries have 
already achieved a comparable level of safety or will be in a position to do so, subject 
to the full implementation of the recommendations resulting from the evaluation. 

International Atomic Energy Agency’s (IAEA) standards and approaches constitute an 
internationally  recognised  framework  of  best  practice  on  which  national  safety 
requirements  are  primarily  based  and  to  the  improvement  of  which  Member  States 
have made considerable contributions.  

(5) 

(6) 

(7) 

(8) 

(9) 

(10)  Despite a degree of harmonisation, today the nuclear safety measures still vary widely 
from  one  Member  State  to  another.  At  present,  this  diversity  of  measures  does  not 
allow the Community to satisfy itself that the health protection requirements of Article 
2(b) of the Treaty are applied in the best possible way. The European Atomic Energy 
Community by joining the Convention on Nuclear Safety, which entered into force on 
24 October 1996, committed itself to respect an internationally recognised high level 
of  nuclear  safety.  In  order  for  the  Community  to  ensure  that  the  principles  of  this 
Convention are respected at Community level and that “uniform safety standards” as 
required  by  Article  2(b)  of  Euratom  Treaty  are  applied,  the  basic  standards  for 
radiation protection should be supplemented by common safety principles. 

8 
9 
10 
11 

OJ L 357, 7.12.1989, p. 31. 
OJ L 35, 12.2.1992, p. 24. 
OJ L 148, 19.6.1993, p. 1. 
OJ L 346, 31.12.2003, p. 57. 

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(11)  National  responsibility  for  the  safety  of  nuclear  installations  is  the  fundamental 
principle on  which nuclear safety regulation has  been developed by the international 
community, as endorsed by the Convention on Nuclear Safety and its Parties including 
the European Atomic Energy Community; the prime responsibility for the safety of a 
nuclear installation should, therefore, rest with the licence holder under the control of 
its  national  regulatory  body  and  should  not  be  reduced  by  the  provisions  of  this 
Directive. 

(12)  As  well  as  during  the  active  life  of  a  nuclear  installation,  dangers  from  ionising 
radiation  may  also  arise  as  a  result  of  decommissioning  operations.  In  order  to  deal 
with the risks attached to the disposal of radioactive materials, it is necessary to ensure 
the safe decommissioning of nuclear installations including the long-term management 
of radioactive waste and of spent fuel. 

(13) 

(14) 

In  order  to  attain  the  Community  objectives  regarding  radioprotection  mentioned 
above, it is essential to define the basic obligations and general principles on the safety 
of nuclear installations. 

It is necessary that adequate financial resources are available to support the safety of 
nuclear  installations.  To  this  end,  Member  States  should  ensure  that  such  financial 
resources are built up throughout the productive service life of the installations and are 
actually available for the purpose for which they have been established. 

all 

(15)  This  Directive  is  consistent  with  the  logic  of  the  regime  established  by  the  1994 
Convention  on  Nuclear  Safety,  which  entered  into  force  on  24  October  1996  and  to 
which 
are  parties.  By  Commission  Decision 
1999/819/Euratom12  the  European  Atomic  Energy  Community  acceded  to  the 
Convention  on  31  January  2000.  Since  the  scope  of  that  Convention  is  limited  to 
nuclear  power  plants,  this  Directive  extends  the  principles  laid  down  therein  to  all 
nuclear installations where consideration of safety is required.  

the  Member  States 

(16) 

In  the  same  context,  the  International  Joint  Convention  on  the  Safety  of  Spent  Fuel 
Management  and  on  the  Safety  of  Radioactive  Waste  Management13,  which  entered 
into  force  on  18  June  2001,  specifies  in  Article  26  that  each  contracting  party  shall 
take  appropriate  steps  to  ensure  the  safety  of  decommissioning  of  a  nuclear  facility. 
Such  steps  shall  ensure  that  qualified  staff  and  adequate  financial  resources  are 
available. Article 22(ii) of the Convention calls on each Contracting Party to take the 
appropriate  steps  to  ensure  that  adequate  financial  resources  are  available  to  support 
the  safety  of  facilities  for  spent  fuel  and  radioactive  waste  management  during  their 
operating lifetime and for decommissioning.  

(17) 

In  order  to  monitor  application  of  rules  set  up  in  conformity  with  this  Directive, 
Member  States  should  submit  reports  to  the  Commission  on  the  measures  taken  to 
fulfil their obligations under this Directive. 

(18)  With a view to making the best use of national regulatory authorities experience and 
contributing to the development of a common approach to nuclear safety, a Committee 
of Regulatory Authorities should be established. 

12 
13 

OJ L 318, 11.12.1999, p. 20. 
OJ C […], […], p. […]. 

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(19)  The  Commission  carried  out  numerous  consultations,  with  both  the  national 
authorities  and  industries  concerned  with  its  proposals,  individually  or  collectively 
through  various  for  a.  Consultations  were  also  undertaken  with  international 
organizations,  such  as  the  International  Atomic  Energy  Agency  and  the  Nuclear 
Energy  Agency.  The  Commission  took  also  advantage  of  its  participation  in  various 
international meetings to present its legislative proposals. These consultations not only 
enabled the Commission to present its perception of the problems of nuclear safety in 
the broad sense but also enabled it to collect the reactions of the various participants in 
order to foster its reflections. 

HAS ADOPTED THIS DIRECTIVE: 

Article 1 
Subject matter and scope 

1. 

2. 

In  order  to  ensure  the  protection  of  the  general  public  and  of  workers  against  the 
dangers  of  ionising  radiation  from  nuclear  installations,  this  Directive  supplements 
the  basic  standards  laid  down  under  Article  30  of  the  EAEC  Treaty  as  regards  the 
safety  of  such  installations  by  setting  out  relevant  basic  obligations  and  general 
principles.  

This Directive shall apply to all nuclear installations, including after the end of their 
operation,  for  which  consideration  of  safety  is  required  under  the  legislative  and 
regulatory framework of the Member State concerned.  

Article 2 
Definitions 

For the purposes of this Directive the following definitions shall apply: 

1) 

2) 

3) 

4) 

5) 

“Nuclear  installation”  means  any  civilian  facility  and  its  associated  land,  buildings 
and equipment where radioactive materials are produced, processed, used, handled, 
stored or disposed of temporarily or permanently; this definition shall apply until the 
moment the facility is released from any radiological restrictions imposed upon it; it 
does  not  cover  mineral  extraction  facilities  and  facilities  only  holding  small 
quantities  of  radioactive  materials  such  as  sealed  radioactive  sources  for  medical, 
research and industrial purposes; 

“Nuclear safety” means the state achieved through measures taken with a view to the 
prevention  of  accidents  or  mitigation  of  accident  consequences,  resulting  in 
protection of workers and public from undue radiation hazards arising from nuclear 
installations; 

“Common safety principles” means all the provisions set out in Articles 3 to 11 ; 

“Radioactive material” means any material that emits ionising radiation; 

“Ionising  radiation”  means  the  transfer  of  energy  in  the  form  of  particles  or 
electromagnetic waves of a wavelength of 100 nanometer or less or a frequency of 
3 x 1015 Hertz or more capable of producing ions directly or indirectly;  

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6) 

7) 

8) 

9) 

“Regulatory  body”  means  any  body  or  bodies,  given  the  legal  authority  by  each 
Member  State  to  grant  in  that  Member  State  licences  and  to  regulate  the  siting, 
design,  construction,  commissioning,  operation  or  decommissioning  of  nuclear 
installations; 

“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; 

“Decommissioning” means all steps leading to the release from regulatory control of 
a nuclear installation, other than a disposal facility; those steps include the processes 
of decontamination and dismantling; 

“Radioactive waste” means radioactive material in gaseous, liquid or solid form for 
which no further use is foreseen by the Member State or by a natural or legal person 
whose  decision  is  accepted  by  the  Member  State,  and  which  is  controlled  as 
radioactive  waste  by  a  regulatory  body  under  the  legislative  and  regulatory 
framework of the Member State; 

10) 

“Practice”  means  a  human  activity  that  can  increase  the  exposure  of  individuals  to 
radiation  from an  artificial source, or from a natural radiation  source where  natural 
radionuclides are processed for their radioactive, fissile or fertile properties, except in 
the case of an emergency exposure. 

Article 3 
Regulatory body 

1. 

2. 

1. 

Each Member State shall establish a regulatory body and ensure that in discharging 
its  duties  on  nuclear  safety  the  functions  of  the  regulatory  body  are  effectively 
separated  from  those  of  any  other  body  or  organisation,  whether  private  or  public, 
concerned with the promotion or utilisation of nuclear energy. The regulatory body 
shall  be  provided  with  adequate  authority,  competence  and  financial  and  human 
resources to fulfil its assigned responsibilities. 

The  regulatory  body  shall  supervise  and  regulate  nuclear  safety  of  nuclear 
installations  and  ensure  the  implementation  of  safety  regulations.  It  shall  grant 
licences  and  monitor  application  of  the  regulations  on  siting,  design,  construction, 
commissioning, operation or decommissioning of nuclear installations. 

Article 4 
Responsibility for the safety of the nuclear installations 

Member  States  shall  take  the  necessary  measures  to  ensure  that  the  prime 
responsibility for the safety of a nuclear installation rests with the holder of the 
relevant  license  under  the  control  of  their  regulatory  bodies  referred  to  in 
Article  3.  The  safety  measures  and  controls  to  be  implemented  in  a  nuclear 
installation  shall  be  decided  solely  by  the  regulatory  body  and  the  licence 
holder. 

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2. 

Each  Member  State  shall  establish  and  maintain  a  legislative  and  regulatory 
framework  to  govern  the  safety  of  nuclear  installations.  The  legislative  and 
regulatory framework shall provide for: 

(a) 

the  establishment  of  applicable  national  safety  requirements  and 
regulations; 

(b)  a  system  of  licensing  with  regard  to  nuclear  installations  and  the 

prohibition of the operation of any nuclear installation without a licence; 

(c) 

(d) 

a system of regulatory inspection and assessment of nuclear installations to 
ascertain compliance with applicable regulations and the terms of licences; 

the  enforcement  of  applicable  regulations  and  the  terms  of  licences, 
including suspension, modification or revoking. 

3. 

Member States shall take the appropriate measures to ensure that each holder 
of a license meets his responsibilities.  

Article 5 
Safety in nuclear installations 

Member  States  shall  ensure  that  all  reasonably  achievable  measures  are  implemented  to 
ensure a high level of safety in nuclear installations.  

In particular, Member States shall take all the appropriate steps: 

(a) 

(b) 

(c) 

(d) 

to establish and maintain effective arrangements in nuclear installations against 
potential radiological hazards in order to protect individuals and society from 
harmful effects of ionising radiation from such installations; 

to  prevent  accidents  with  radiological  consequences  and  to  mitigate  such 
consequences, should they occur; 

to  ensure  the  long  term  management  of  all  radioactive  materials,  including 
radioactive  waste  and  spent  nuclear  fuel,  produced  in  the  course  of  operation 
and decommissioning, in accordance with the basic standards for the protection 
of  the  general  public  and  of  workers  against  dangers  arising  from  ionising 
radiation; 

to ensure effective information to and, where appropriate, consultation of their 
population, as well as the competent authorities of the States in the vicinity of 
nuclear  installations  under  the  jurisdiction  of  the  Member  State  concerned, 
insofar as they are likely to be affected in the event of a radiological emergency 
at that installation, on issues related to safety of such nuclear installations.  

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Article 6 
Priority to safety 

1. 

2. 

1. 

2. 

3. 

Member States shall take all appropriate measures to ensure that in the course of all 
practices  directly  related  to  nuclear  installations  due  priority  is  given  to  nuclear 
safety. 

The  measures  for  operational  protection  of  the  population  in  normal  circumstances 
pursuant to Article 44 of Directive 96/29/ Euratom shall take account of all aspects 
of the nuclear safety of installations. 

Article 7 
Obligations of licence holders 

Member  States  shall  require  the  licence  holders  to  operate  their  installations  in 
accordance with the common safety principles set out in this Directive , with national 
safety  requirements  applicable  to  them,  with  the  regulations  laid  down  by  the 
regulatory body and with any measures taken by the same regulatory body. 

Member  States  shall  require  the  licence  holders  to  establish  and  implement  quality 
assurance  programmes  commensurate  with  the  nuclear  safety  relevance  of  the 
installations concerned, subject to at least verification by the regulatory body, with a 
view to providing confidence that specified requirements for all activities important 
to nuclear safety are satisfied throughout the life of nuclear installations. 

Member States shall take the necessary measures for the allocation of responsibility 
for the decommissioning of nuclear installations, including in those cases where the 
parties originally responsible are no longer able to meet their commitments. 

Article 8 
Inspection 

Member  States  shall  ensure  that  nuclear  safety  inspections  are  carried  out  by  the  regulatory 
body,  or  by  experts  designated  by  the  regulatory  body,  in  nuclear  installations  throughout 
their life, including during their decommissioning, and that the licence holder submits to such 
inspections. 

Article 9 
Financial resources 

Member  States  shall  take  the  appropriate  steps  to  ensure  that  adequate  financial 
resources are available from the regulatory body and the operators to support the safety 
of nuclear installations throughout their life. 

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1. 

2. 

1. 

2. 

3. 

1. 

2. 

3. 

Article 10  
Nuclear safety expertise 

Member  States  shall  take  the  appropriate  steps  to  ensure  the  availability  of  nuclear 
safety experts commensurate to the nuclear safety-related activities carried out under 
their jurisdiction. Member States shall require in particular that the regulatory body 
and the licence holders have appropriate staff at their disposal. 

Member  State  shall  ensure  that  appropriate  curricula  and  opportunities  for 
continuous theoretical and practical training are available, either in the Member State 
concerned  or  through  transnational  cooperation,  for  the  personnel  concerned  in  the 
safety of nuclear installations. 

Article 11 
Emergency plans 

Member  States  shall  require  the  establishment  of  off-site  as  well  as,  in  the  case  of 
Member States with nuclear installations under their jurisdiction, on-site emergency 
plans approved by their regulatory body, and regularly tested, to deal with operating 
incidents  and  accidents  in  order  to  reduce  the  possible  effects  on  its  population  of 
any radiological emergencies resulting from operation of nuclear installations. 

Each Member State shall take the appropriate steps to ensure that, insofar as they are 
likely  to  be  affected  by  a  radiological  emergency,  its  own  population  and  the 
competent  authorities  of  the  States  in  the  vicinity  of  nuclear  installations  under  its 
jurisdiction  are  provided  with  appropriate  information  for  emergency  planning  and 
response.  

Member  States  shall  require  the  license  holder  to  notify  the  regulatory  body 
forthwith of any incidents significant to safety and of the corrective measures taken 
in response. 

Article 12 
Committee of Regulatory Authorities 

A  Committee  of  Regulatory  Authorities  (hereinafter  "the  Committee")  is 
hereby established  

The  Committee  shall  be  composed  of  representatives  of  the  regulatory  bodies 
designated by each Member State.  

The  Committee  shall  adopt  its  rules  of  procedure  and  designate  a  chairman 
from  among  its  members.  The  Commission  shall  act  as  the  Secretariat  of  the 
Committee. 

4. 

The Committee shall: 

(a) 

encourage exchange of best practice among regulatory authorities, with a 
view to ensuring progressive harmonisation of approaches to safety, in the 
framework of this Directive; 

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(b)  advise the Commission on all matters concerning nuclear safety, including 

the summary reports submitted as per Article 14; 

(c)  define guidelines on the content, form, structure and timetable for national 
reports  as  in  Article  13,  with  a  view  to  ensuring,  as  much  as  possible, 
coherence with the reports which must be prepared under Article 5 of the 
Convention on Nuclear Safety; 

(d)  assess  the  national  reports  prepared  under  Article  13,  give  an  opinion, 
possibly containing recommendations to the Member State concerned, on 
each of the national reports, on request of the Commission. 

Article 13  
National reports  

1. 

2. 

Member  States  shall  submit  a  report  to  the  Commission  on  the  measures  taken  to 
fulfil  their  obligations  under  this  Directive  and  on  the  safety  situation  in  nuclear 
installations under their jurisdiction. Member States may indicate which parts of the 
report shall be considered confidential. The Commission shall forward those reports 
to the Committee. 

The first report shall be submitted within [three] years from the date provided for in 
Article  15  (1)  and  thereafter  at  the  same  intervals  as  the  reports  to  be  drawn  up 
pursuant  to  Article  5  of  the  Convention  on  Nuclear  Safety  attached  to  Decision 
1999/819/Euratom in accordance with the guidelines drawn up by the Committee.  

Article 14 
Summary reports 

The Commission shall submit regular summary reports to the European Parliament and to the 
Council in conformity with the timetable defined in Article 13, paragraph 2 on the application 
of this Directive and on the overall progress made on nuclear safety in the Community, based 
on  the  reports  submitted  in  accordance  with  Article  13,  paragraph  1,  subject  to  the 
confidentiality requirements concerned. 

Article 15 
Transposition  

1. 

2. 

3. 

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 16] at the latest.  

When  Member  States  adopt  those  provisions,  they  shall  contain  a  reference  to  this 
Directive  or  be  accompanied  by  such  a  reference  on  the  occasion  of  their  official 
publication. Member States shall determine how such reference is to be made.  

Member States shall communicate to the Commission the text of the main provisions 
of national law which they adopt in the field covered by this Directive.  

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Article 16 
Entry into force 

This  Directive  shall  enter  into  force  the  twentieth  day  after  its  publication  in  the  Official 
Journal of the European Union. 

Article 17 
Addressees 

This Directive is addressed to the Member States. 

Done at Brussels, 

For the Council 
The President 

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2003/0022 (CNS) 

Modified proposal for a 

COUNCIL DIRECTIVE (Euratom) 

on the safe management of spent nuclear fuel and radioactive waste 

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 Commission14,  

Having regard to the opinion of a group of persons appointed by the Scientific and Technical 
Committee from among scientific experts in the Member States, in accordance with Article 31 
of the Treaty,  

Having regard to the opinion of the European Economic and Social Committee15, 

Having regard to the opinion of the European Parliament16, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

14 
15 
16 
17 
18 

Article  2(b)  of  the  Treaty  stipulates  that  the  Community  shall,  as  provided  in  this 
Treaty, establish uniform safety standards to protect the health of workers and of the 
general public and ensure that they are applied. 

Article  30  of  the  Treaty  stipulates  that  basic  standards  shall  be  laid  down  within  the 
Community for the protection of the health of workers and the general public against 
the dangers arising from ionising radiation. 

Article  37  of  the  Treaty  requires  Member  States  to  provide  the  Commission  with 
general data relating to any plan for the disposal of radioactive waste. 

Council Directive 96/29/Euratom17 lays down basic safety standards for the protection 
of health of workers and the general public gainst the dangers of ionising radiation. 

Council  Directive  92/3/Euratom18  sets  up  a  supervision  and  control  system  of 
shipments  of  radioactive  waste  between  Member  States  and  into  and  out  of 
Community,  including  a  compulsory  and  common  notification  procedure  for 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 159, 29.6.1996, p. 1. 
OJ L 35, 12.2.1992, p. 24. 

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(6) 

(7) 

(8) 

(9) 

shipments  of  such  waste,  and  very  strict  limitations  and  criteria  regarding  the  third 
countries to which radioactive waste may be exported. 

Council  Directive  85/337/EEC  of  27  June  1985  on  the  assessment  of  the  effects  of 
certain  public  and  private  projects  on  the  environment19,  including  those  involving 
disposal and long-term storage of radioactive waste, requests Member States to adopt 
all measures necessary to ensure that, before consent is given, projects likely to have 
significant  effects  on  the  environment,  by  virtue,  inter  alia,  of  their  nature,  size  or 
location are made subject to a requirement for assessment with regard to their effects. 

Council  Decision  87/600/Euratom20  established  arrangements  for  the  early  exchange 
of  information  in  the  event  of  a  radiological  emergency  while  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 
emergency21  imposed  obligations  on  the  Member  States  on  informing  the  general 
public in the event of a radiological emergency. 

Directive  2003/122/Euratom  of  22  December  2003  on  the  control  of  high  activity 
sealed  radioactive  sources  and  orphan  sources22  sets  out  specific  requirements  to 
ensure that such sources are kept under control including when they become disused 
sources. 

Existing Community legislation does not provide for specific rules ensuring that at all 
time  spent  nuclear  fuel  and  radioactive  waste  is  safely  managed  in  an  effective  and 
consistent  manner  throughout  the  European  Union,  and  existing  Community  rules 
should therefore be supplemented. 

(10)  The  Commission  Green  Paper  “Towards  a  European  Strategy  for  the  security  of 
energy supply”23 stresses that a satisfactory solution has to be found for the radioactive 
waste issue with maximum transparency. 

(11)  The  International  Joint  Convention  on  the  Safety  of  Spent  Fuel  Management  and  on 
the  Safety  of  Radioactive  Waste  Management,  which  entered  into  force  on  18  June 
2001,  aims  at  achieving  and  maintaining  a  high  level  of  safety  world-wide  in  spent 
fuel and radioactive waste management through the enhancement of national measures 
and international co-operation. 

(12)  The  production  of  nuclear  energy  generates  radioactive  wastes.  Radioactive  waste  is 
generated also in the use of radionuclides in medicine, research and industry. Releases 
of radionuclides from spent fuel and radioactive waste may have consequences beyond 
national borders. 

(13)  Waste  from  extractive  operations  that  contains  only  naturally  occurring  radioactive 
materials represents a waste management issue which should be addressed by Member 

19 
20 
21 
22 
23 

OJ L 175, 5.7.1985, p. 40, as amended by Council Directive 97/11/EC, OJ L 73, 14.3.1997, p. 5. 
OJ L 371, 30.12.1987, p. 76. 
OJ L 357, 7.12.1989, p. 31. 
OJ L 346, 31.12.2003, p. 57. 
COM(2000) 769. 

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States but which is of a different nature than the management of radioactive waste and 
spent nuclear fuel covered by this Directive. 

(14)  Each Member State should remain fully responsible for the management of all spent 

nuclear fuel and radioactive waste under its jurisdiction. 

(15)  The safe management of spent nuclear fuel and radioactive waste would be enhanced 

by greater co-operation and co-ordination between Member States. 

(16)  The  Council  Resolution  of  15  June  199224  invited  the  Commission  to  develop  a 
common  approach  and  to  work  with  Member  States  towards  harmonisation  at 
Community level of radioactive waste management strategies and practices wherever 
possible. 

(17) 

It  is  accepted  among  experts  that,  on  the  basis  of  present  knowledge,  geological 
disposal represents the most appropriate solution for long-term management of long-
lived radioactive waste.  To  that  effect  Member States should study the possibility to 
give  priority  to  deep  geological  disposal  to  dispose  of  their  long-lived  radioactive 
waste, taking due account of their specific circumstances. 

(18)  The  definition  of  a  timetable  for  the  implementation  of  appropriate  solutions  for  the 
management  of  radioactive  waste  should  ensure  that  undue  burdens  are  not  imposed 
on future generations while  at  the  same time respecting, both now and in the future, 
the  basic  principles  of  radiation  protection  laid  down  in  Chapter  1  of  Directive 
96/29/Euratom.  In  this  respect,  regarding  the  financial  schemes  concerned,  it  is 
advisable  that  the  waste  producer  or  the  current  waste  owner  should  pay  for  the 
management of the waste.  

(19)  The progress made by Member States towards the solutions for the management of the 
different forms of radioactive waste is relevant for the Commission when it exercises 
its responsibilities under the Treaty and in particular those defined under Chapter 4 of 
Title II. 

(20) 

It  is  important  to  base  the  programmes  for  the  management  of  radioactive  waste  on 
relevant  knowledge  arising  from  research  and  technological  development  in  the 
various  fields  related  to  radioactive  waste,  including  minimisation.  In  this  respect, 
there  are  common  issues  facing  many  Members  States  that  can  be  beneficially 
addressed at Community level through the Community Framework Programmes and, 
where  appropriate,  through  other  initiatives,  such  as  the  European  Research  Area, 
aimed at complementing and supporting Member States' activities.  

(21) 

It  is  furthermore  recalled  that  co-operation  in  common  areas  of  research  and 
technological development can be undertaken in line with the provisions of Chapter 1 
of Title II of the Treaty or may be entrusted to one or more Joint Undertakings to be 
established under Chapter 5 of Title II of the Treaty. 

(22)  While  nothing  in  this  Directive  should  imply  that  Member  State  have  to  accept 
shipments  of  radioactive  waste  it  may  be  advantageous  for  Member  States  to 
cooperate with a view to establishing multinational waste management programmes. It 

24 

OJ C 158, 25.6.1992, p. 3. 

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is  acknowledged  in  particular  that  there  are  Member  States  which  have  only  small 
quantities of radioactive waste, or a territory or geological characteristics not suitable 
for a deep repository and that these Member States may wish to establish agreements 
with other States for finding common disposal solutions. 

(23)  With  a  view  to  making  the  best  use  of  national  experience  and  contributing  to  the 
development  of  a  common  approach  to  radioactive  waste  management  the  national 
reports should be reviewed by a Committee of experts, and synergies should be sought 
with relevant activities carried out under the Joint Convention on the Safety of Spent 
Fuel Management and on the safety of Radioactive Waste management. 

(24)  The application of this Directive should be reviewed by means of regular reports from 

the Member States, 

HAS ADOPTED THIS DIRECTIVE: 

Article 1 
Subject matter and Scope 

1. 

This  Directive  supplements  the  basic  standards  laid  down  under  Article  30  of  the 
EAEC Treaty as regards requirements for the safe management of spent nuclear fuel 
and radioactive waste, so as:  

(a) 

(b) 

to ensure that all spent nuclear fuel and radioactive waste is safely managed in 
order to protect the health of workers and of the general public from harmful 
effects of ionising radiation, both now and in the future;  

to  achieve  and  maintain  a  high  level  of  safety  in  the  management  of  spent 
nuclear fuel and radioactive waste in order to protect the health of workers and 
of  the  general  public  by  taking  all  necessary  precautionary  and  preventive 
measures throughout the Community in an effective manner;  

(c) 

to enhance effective public information and, where appropriate, consultation in 
order  to  ensure  the  required  transparency  in  the  relevant  decision-making 
processes. 

2. 

This Directive shall apply to all stages of the management of spent nuclear fuel and 
radioactive waste originated from civilian applications.  

Article 2 
Definitions 

For the purpose of this Directive, the following definitions shall apply: 

1) 

“decommissioning” means all steps leading to the release from regulatory control of 
a nuclear installation, other than a disposal facility; those steps include the processes 
of decontamination and dismantling; 

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2) 

3) 

4) 

5) 

6) 

7) 

8) 

9) 

10) 

“discharges”  means  planned  and  controlled  releases  into  the  environment,  as  a 
legitimate  practice,  within  limits  authorised  by  the  regulatory  body,  of  liquid  or 
gaseous  radioactive  material  that  originate  from  regulated  nuclear  facilities  during 
normal operation; 

“disposal”  means  the  emplacement  of  radioactive  waste,  including  spent  fuel  for 
which  no  further  use  is  foreseen,  in  an  appropriate  facility  without  the  intention  of 
retrieval;  

“ionising  radiation”  means  the  transfer  of  energy  in  the  form  of  particles  or 
electromagnetic waves of a wavelength of 100 nanometer or less or a frequency of 3 
x 1015 Hertz or more capable of producing ions directly or indirectly;  

“radioactive material” means any material that emits ionising radiation; 

“nuclear  installation”  means  any  civilian  facility  and  its  associated  land,  buildings 
and equipment where radioactive materials are produced, processed, used, handled, 
stored or disposed of temporarily or permanently; this definition shall apply until the 
moment the facility is released from any radiological restrictions imposed upon it; it 
does not cover mineral extraction facilities and facilities only holding minor amounts 
of radioactive materials such as sealed radioactive sources for medical, research and 
industrial purposes;  

“nuclear fuel cycle” means all stages in the cycle of production, use and treatment of 
the  fuel  used  in  nuclear  reactors,  including  such  steps  as  mineral  extraction, 
conversion,  enrichment,  fuel  fabrication,  energy  production,  storage  of  spent  fuel 
and/or reprocessing followed by recycling of fissile and fertile material and storage 
of vitrified and other radioactive wastes, conditioning and encapsulation of spent fuel 
and/or other radioactive wastes and disposal; 

“radioactive  waste” means radioactive material in gaseous, liquid  or solid form for 
which no further use is foreseen by the Member State or by a natural or legal person 
whose  decision  is  accepted  by  the  Member  State,  and  which  is  controlled  as 
radioactive  waste  by  a  regulatory  body  under  the  legislative  and  regulatory 
framework of the Member State. This definition does not cover waste from extractive 
operations that contains only naturally occurring radioactive materials and does not 
cover  small  quantities  of  radioactive  materials  such  as  sealed  radioactive  sources 
unless declared as radioactive waste by a Member State;  

“radioactive  waste  management”  means  all  activities,  including  decommissioning 
activities, that relate to the handling, pre-treatment, treatment, conditioning, storage, 
or disposal of radioactive waste excluding off-site transportation. It may also involve 
discharges; 

“regulatory  body”  means  any  body  or  bodies  given  the  legal  authority  by  the 
Member State to grant licences and regulate any aspect of the safety of spent fuel or 
radioactive waste management;  

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11) 

12) 

13) 

14) 

15) 

“licence”  means  any  authorisation,  permission  or  certification  granted  by  a 
regulatory body to carry out any activity related to management of spent fuel or of 
radioactive waste; 

“reprocessing”  means  a  process  or  operation,  the  purpose  of  which  is  to  extract 
nuclear material from spent fuel for further use; 

“shipment” means all of the operations involved in moving spent fuel and radioactive 
waste  from  the  place  of  origin  to  the  place  of  destination,  including  transport  for 
storage or disposal; 

“spent (nuclear) fuel” means nuclear fuel that has been irradiated in and permanently 
removed from a reactor core; 

“storage”  means  the  holding  of  radioactive  waste  or  spent nuclear  fuel  in  a  facility 
that provides for its containment, with the intention of retrieval. 

Article 3 
General requirements for the safe management of spent nuclear fuel and radioactive waste 

1. 

2. 

3. 

4. 

5. 

Member States shall take all necessary measures to ensure that spent nuclear fuel and 
radioactive waste are managed in such a way that workers and the general public are 
adequately protected against radiological hazards.  

Member  States  shall  take  the  appropriate  steps  to  ensure  that  the  generation  of 
radioactive waste is kept to the minimum practicable. 

Member  States  shall  establish  or  designate  a  regulatory  body  entrusted  with  the 
implementation  of  the  national  legislative  and  regulatory  framework  governing  the 
safety  of  spent  fuel  and  radioactive  waste  management  provided  with  adequate 
authority,  competence  and  financial  and  human  resources  to  fulfil  its  assigned 
responsibilities. In discharging its duties the functions of the regulatory body shall be 
effectively separated from those of any other body or organisation, whether private 
or public, involved in the management of spent fuel or radioactive waste. 

Member  States  shall  ensure  that  adequate  financial  resources  are  available  when 
needed to support the safe management of spent nuclear fuel and radioactive waste, 
including that from decommissioning activities.  

Member  States  shall  ensure  a  high  level  of  transparency  on  issues  related  to  the 
management of spent nuclear fuel and radioactive waste under their jurisdiction. This 
shall be achieved by effective information to and, where appropriate, consultation of 
their  population  as  well  as  the  competent  authorities  of  States  in  the  vicinity  of 
disposal  or  storage  sites,  insofar  as  they  are  likely  to  be  affected  in  the  event  of  a 
radiological emergency at such sites. Member States shall ensure public information 
on the measures to be taken and the state of progress of the decision-making process, 
notably as regards the methodology for the selection of storage sites, or disposal sites 
if any.  

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1. 

2. 

3. 

4. 

1. 

2. 

Article 4 
National programmes for the management of radioactive waste 

Each  Member  State  shall  establish  and  keep  updated  a  clearly  defined  national 
programme  for  the  management  of  radioactive  waste  that  includes  all  radioactive 
waste under its jurisdiction and covers all stages of management.  

Member States shall study the possibility to give priority to the solution of deep 
geological disposal, taking due account of their specific circumstances. 

The  national  programme  shall  include  an  inventory  of  the  amount  of  radioactive 
waste  managed  in  the  Member  State.  This  inventory  shall  be  established  under  the 
control of the Member State. The programme shall cover all aspects of the long-term 
management of radioactive waste and spent fuel that is not destined for reprocessing 
or,  in  the  case  of  research  reactor  fuel,  not  destined  for  reprocessing  or  subject  to 
take-back agreements with the manufacturing country.  

The  steps  retained  in  the  programme  shall  reflect  the  level  of  activities  and  the 
amount of radioactive waste generated in the Member State.  

The  programme  shall  pay  special  attention  to  the  general  requirements  listed  in 
Article 3. 

The  programme  may  include  shipments  of  radioactive  waste  to  another  Member 
State or third country only if the country of origin and the country of destination have 
agreed to the shipment prior to its taking place and such shipments:  

(a) 

are  fully  in  compliance  with  existing  Community  legislation,  principally 
Directive 92/3/Euratom, and international commitments,  

(b) 

are covered by bilateral or multilateral agreements between States and  

(c) 

only  take  place  to  States  with  appropriate  facilities  that  meet  accepted  norms 
and standards of the Member State of origin and, in the case of material within 
the meaning of Article 197 of the Treaty, are under adequate safeguards. 

Article 5 
Timetable for the management of radioactive waste 

The national management programme shall include the timetable chosen for the 
long-term  management  of  radioactive  waste,  covering  low  and  intermediate 
level waste as well as high level waste. 

Where  a  Member  State  considers  that  there  is  no  suitable  alternative  to 
disposal,  and  where  such  a  disposal  option  is  not  yet  available,  this  Member 
State  shall  include,  as  a  minimum,  the  dates  for  the  following  points  into  its 
programme:  

(a) 

licence for development of one (or more) disposal site(s)  

(b) 

licence for operation of the disposal facility(ies). 

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3. 

1. 

2. 

3. 

1. 

2. 

3. 

1. 

2. 

(c)  Member  States  may  decide  to  deposit  more  than  one  category  of 

radioactive waste at the same site. 

Member  States  may  subsequently  supplement  the  timetable  in  order  to,  inter 
alia, cover further disposal sites and facilities.  

Article 6 
Research and technological development in radioactive waste management 

The  programme  for  the  management  of  radioactive  waste  within  the  meaning  of 
Article  4  of  this  Directive  shall  take  due  account  of  the  research  and  technological 
development in the field of radioactive waste.  

the  Commission  shall 

Based  on  the  national  reports  by  Member  States  required  under  Article  8  of  this 
Directive, 
identify  common  areas  of  research  and 
technological development that could be co-ordinated at the Community level, taking 
fully into account the activities under the research and training programmes adopted 
pursuant to Article 7 of the Treaty. 

The  Commission  shall  encourage  co-operation  between  the  Member  States  in 
common areas of research and technological development in line with the provisions 
of  Chapter  1  of  Title  II  of  the  Treaty,  mainly  through  the  instruments  of  the 
Framework Programmes for Research and Technological Development.  

Article 7 
Committee of Experts 

A Committee of Experts (hereinafter "the Committee") is hereby established to 
carry out the tasks assigned to it under Article 8.  

The Committee shall be composed of experts designated by each Member State.  

The  Committee  shall  adopt  its  rules  of  procedure  and  designate  a  chairman 
from  among  its  members.  The  Commission  shall  act  as  the  Secretariat  of  the 
Committee. 

Article 8  
National reports and summary reports 

Each Member State shall submit detailed national reports to the Commission on the 
activities  carried  out  pursuant  to  Article  3  and  on  the  programme  referred  to  in 
Articles  4  and  5.  Member  States  may  indicate  which  parts  of  the  report  shall  be 
considered confidential. 

The first report shall be submitted within [three] years from the date provided for in 
Article 9 paragraph 1 and thereafter at the same intervals as the reports to be drawn 
up pursuant to Article 32 of the International Joint Convention on the Safety of Spent 
Fuel Management and the Safety of Radioactive Waste Management. 

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The Commission, in consultation with the Committee, shall establish Guidelines for 
the content and timing of these reports with a view to ensuring, to the extent possible, 
consistency  with  the  reports  to  be  drawn  up  pursuant  to  Article  32  of  the  Joint 
Convention. 

The report referred to in paragraph 1 shall also summarise research and technological 
development in the field of radioactive waste management that is being carried out or 
is  planned  within  the  Member  State,  taking  into  account  legitimate  confidentiality 
requirements,  including  information  regarding  expected  duration  and  dates  of 
completion.  

The  reports  referred  to  in  paragraph  1  shall  be  subject  to  review  by  the 
Committee.  The  Committee  shall  give  an  opinion  on  each  report,  which  may 
contain  recommendations  to  the  Member  State  concerned.  The  Commission 
shall  organise  the  review  process  during  which  Member  States  may  be 
requested to provide additional information. The Commission shall forward the 
opinion of the Committee to the Member State concerned which shall, within six 
months of receipt, present its observations, if any, including the measures which 
it  may  have  taken  or  intends  to  take  in  response  to  the  opinion  of  the 
Committee.  

The  Commission  shall,  following  consultation  of  the  Committee,  submit  to  the 
European Parliament and to the Council in conformity with the timetable defined in 
paragraph  2  a  summary  report  on  the  management  of  radioactive  waste  in  the 
European  Union.  The  report  shall  be  based  on  the  information  contained  in  the 
national  reports  referred  to  in  paragraph  1  as  well  as  the  findings  of  the  review 
process referred to in paragraph 4.  

Article 9  
Implementation 

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 10] at the latest. 

When  Member  States  adopt  those  provisions,  they  shall  contain  a  reference  to  this 
Directive  or  be  accompanied  by  such  a  reference  on  the  occasion  of  their  official 
publication. Member States shall determine how such a reference is to be made.  

Member States shall communicate to the Commission the text of the main provisions 
of national law which they adopt in the field covered by this Directive. 

3. 

4. 

5. 

1. 

2. 

3. 

Article 10 
Entry into force  

This  Directive  shall  enter  into  force  on  the  twentieth  day  following  its  publication  in  the 
Official Journal of the European Union. 

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Article 11 
Addressees 

This Directive is addressed to the Member States. 

Done at Brussels,  

For the Council 
The President 

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