Proposal for a COUNCIL DIRECTIVE on the management of spent fuel and radioactive waste
Date: 2010-11-03
Institutions: European Commission
Subjects: civil defence, environmental protection, irradiated fuel, nuclear research, nuclear safety, radiation protection, radioactive waste, underground storage of waste, waste management

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EUROPEAN COMMISSION 

Brussels, 3.11.2010 
COM(2010) 618 final 

2010/0306 (NLE) 

Proposal for a 

COUNCIL DIRECTIVE 

on the management of spent fuel and radioactive waste 

SEC(2010) 1290 
 SEC(2010) 1289 

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EXPLANATORY MEMORANDUM 

1.  CONTEXT OF THE PROPOSAL  

1.1. 

Background and objectives of the proposal 

Following  the  successful  adoption  of  the  Nuclear  Safety  Directive,  the  elaboration  of  a 
revised  proposal  for  legislation  on  the  management  of  spent  fuel  and  radioactive  waste  is 
included in the Commission's work programme 2010 (item 2010/ENER/021). 

The proposed Directive sets out an EU legal framework for spent fuel and radioactive waste 
management.  It  revises  the  Commission  proposal  for  a  Council  (Euratom)  Directive  on  the 
management of spent fuel and radioactive waste1.  

All Member States have radioactive waste. It is generated by many beneficial activities, such 
as electricity  production in nuclear power  plants and a range of radioisotope  applications in 
medicine, industry, agriculture, research and education.  

The  operation  of  nuclear  reactors  also  generates  spent  fuel.  There  are  currently  two  options 
for managing the spent (i.e. irradiated) fuel: reprocessing to recover plutonium and uranium 
for  possible  re-use,  or  interim  storage  and  eventual  direct  disposal  if  the  spent  fuel  is 
considered  as  waste  as  part  of  national  policy.  However,  even  if  spent  fuel  is  reprocessed2, 
there  is  still  'ultimate  waste',  i.e.  the  separated  vitrified  residues  containing  the  unrecycled 
fraction, that also needs to be disposed of. More than half of Member States operate nuclear 
power  plants.  There  are  nuclear  reactors  under  construction  and  being  decommissioned,  as 
well as plans for new builds in a number of Member States. 

Depending on the characteristics of the waste (i.e. radionuclide content) specific arrangements 
are  required  to  protect  humans  and  the  environment  against  dangers  arising  from  ionizing 
radiation. The basic principle of radioactive waste management is containment and isolation 
from humans and the biosphere for as long as the waste represents a radiological hazard. This 
hazard diminishes over time as a result of radioactive decay. Isolation is ensured by a series of 
engineered barriers and, in the case of longer-lived waste, also by the properties of the host 
rock. 

Radioactive wastes are classified into low-, intermediate-, and high-level waste depending on 
their  level  of  activity.  A  distinction  can  also  be  drawn  between  short-lived  and  long-lived 
radioactive  wastes3.  Short  lived  Low  and  Intermediate  Level  Waste  (LILW)  is  typically 
disposed in near surface disposal facilities. For High Level Waste (HLW), by contrast, there is 
a world-wide scientific  and  technical  consensus that deep geological disposal represents the 
safest and most sustainable option4. 

1 

2 
3 

4 

Initial  2003  Commission  proposal  (COM  2003/32  final)  and  revised  2004  version  (COM  (2004)526 
final) 
By both current and advanced fuel cycle practices 
Commission  Recommendation  of  15  September  1999  on  a  classification  system  for  solid  radioactive 
waste, OJ L 265, 13.10.1999, p.37. 
OECD-NEA Radioactive Waste Management Committee: "Collective Statement on Moving Forward to 
Geological Disposal of Radioactive Waste ", ISBN 978-92-64-99057-9  

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In the EU, more than 85% of the generated volume of radioactive waste constitutes short lived 
LILW,  about  5%  long  lived  LILW  and  less  than  10%  HLW,  which  includes  both  vitrified 
waste from reprocessing and spent fuel considered as waste.5 

Whatever  the  future  of  nuclear  power  and  non-power  applications,  the  implementation  of 
disposal as the end point in the management of existing and future radioactive waste is needed 
in order to assure safety in the long term. 

Temporary storage is an important stage in the overall management of radioactive waste, in 
particular for spent fuel and HLW, allowing effective cooling and radiation levels to decrease 
thereby making handling safer. However, there is also a broad consensus that storage of spent 
fuel and radioactive waste, including long-term storage, is only an interim solution requiring 
active and permanent institutional controls. In the longer term, only disposal with its inherent 
passive safety characteristics can guarantee protection against all potential hazards. 

Ultimate responsibility for the management of spent fuel and radioactive waste rests with the 
States. Furthermore, it is an accepted ethical principle that the society should avoid imposing 
undue burdens on future generations, and this places the onus on the current generation, who 
has  benefited  from  nuclear  electricity  or  medical  interventions,  to  manage  appropriately  all 
existing waste. 

Despite  these  considerations,  most  countries  have  yet  to  take  key  decisions  regarding  the 
management of  spent  fuel  and  radioactive  waste. This is  particularly true for spent fuel and 
HLW;  only  a  handful  of  Member  States  have  well  established  programmes  to  implement 
disposal.  The  consequences  of  the  delay  are  that  burdens  will  be  passed  on  to  future 
generations, both to implement disposal as well as maintaining interim storage options. The 
associated  risks  are  evident  –  unavailability  of  financing,  lack  of  expertise,  disruption  as  a 
result of unforeseen societal upheaval, terrorist threats, etc.  

Safe  management  of  radioactive  waste  and  spent  fuel,  at  all  stages  from  generation  to 
disposal,  requires  a  national  framework  that  guarantees  political  commitments,  a  clear 
allocation  of  responsibilities,  and  ensuring  that  sufficient  scientific,  technical  and  financial 
resources  are  available  when  needed.  Given  the  highly  sensitive  nature  of  the  issue,  public 
information and participation in the decision-making processes has also to be ensured.  

The  general  objective  of  this  proposal  is  therefore  to  set  up  an  EU  legal  framework  for  the 
management of spent fuel and radioactive waste as an integral part of the safe use of nuclear 
energy  for  electricity  production  and  of  the  ionizing  radiation  in  medicine,  industry, 
agriculture, research and education.  

In order to achieve the general policy objective, it is necessary: 

–  to  ensure  that  workers  and  the  general  public  are  protected  against  dangers  arising  from 

ionizing radiation now, in the future and beyond national borders;  

–  to  implement  the  highest  safety  standards  for  radioactive  waste  and  spent  fuel 

management; 

–  to avoid imposing undue burdens on future generations; 

5 

Report  from  the  Commission  to  the  European  Parliament  and  the  Council:  Sixth  Situation  Report  on 
Radioactive  Waste  and  Spent  Fuel  Management  in  the  European  Union,  COM(2008)542  final  and 
SEC(2008)2416 

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–  to achieve sustained political commitment to the management of spent fuel and radioactive 

waste in the long term; 

–  to  ensure 

transposition  of 

the 
implementation  of  all  steps  on  radioactive  waste  and  spent  fuel  management  from 
generation to disposal; 

into  clear  provisions  for 

the  political  decisions 

–  to  achieve  and  maintain  continuing  improvement  of  the  management  system,  based  on 

stepwise decision-taking and social acceptance; 

–  to ensure adequate and transparently managed financial resources, available when needed, 

in accordance with the 'polluter-pays' principle. 

1.2. 

Existing  legal  instruments  affecting  the  management  of  radioactive  waste  and 
spent fuel; subsidiarity 

Community competences regarding spent fuel and radioactive waste arising from civil nuclear 
activities fall under the framework of the Euratom Treaty. Article 2(b) of the Euratom Treaty 
provides  for  uniform  safety  standards  to  be  set  to  protect  the  health  of  workers  and  of  the 
general  public.  Article  30  provides  for  basic  standards  within  the  Community  to  be  set  to 
protect  workers  and  the  general  public  against  the  dangers  arising  from  ionizing  radiations, 
and Article 37 requires Member States to provide the Commission with general data on any 
plan for the disposal of radioactive waste. 

As recognised by the Court of Justice of the European Union in its case-law, the provisions of 
Chapter 3 of the Euratom Treaty, on health and safety, form a coherent whole conferring upon 
the Commission powers of some considerable scope in order to protect the population and the 
environment against risks of nuclear contamination6. Based on the Court's landmark ruling C-
29/99,  the  existing  basic  safety  standards  aiming  mainly  at  the  protection  of  the  health  of 
workers  and  the  general  public  against  the  dangers  arising  from  ionizing  radiations  can  be 
'supplemented' within the meaning of the Euratom Treaty with safety requirements governing 
the safe management of radioactive waste and spent fuel. 

The issue of spent fuel and radioactive waste management is clearly an area where national 
legislation has to be supplemented by legislation at EU level owing to the cross-border aspect 
of  safety.  At  the  same  time  the  internal  market  requires  the  Commission  to  ensure  a  level-
playing field to avoid distortion of competition. 

However, existing European legislation does not cover all activities and facilities relating to 
the  management  of  spent  fuel  and  radioactive  waste.  Aspects  such  as  national  policies  and 
their implementation, and public information and participation in the decision-making process 
are not included. 

The recently adopted Council Directive establishing a Community framework for the nuclear 
safety  of  nuclear  installations  (Nuclear  Safety  Directive)7  only  covers  spent  fuel  storage 
facilities and other storage facilities for radioactive waste that are on the same site as and are 
directly related to  nuclear installations. However,  it states  that it  is  also important  to  ensure 
the  safe  management  of  spent  fuel  and  radioactive  waste,  including  at  storage  and  disposal 

6 
7 

C-187/87 (1988 ECR p.5013) and C-29/99 (2002 ECR p. I-11221) 
Council Directive 2009/71/Euratom, OJ L 172, 2.7.2009, p. 18–22 

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facilities. Thus, the proposed Directive on the management of spent fuel and radioactive waste 
is a logical next step after the Nuclear Safety Directive. 

Other  EU  legal  instruments  relevant  to  the  management  of  spent  fuel  and  radioactive  waste 
are  Community  arrangements  for  the  early  exchange  of  information  in  the  event  of  a 
radiological  emergency8,  the  control  of  high-activity  sealed  radioactive  sources  and  orphan 
sources9,  including  disused  sources,  the  management  of  waste  from  extractive  industries10 
(not covering aspects related to radioactivity), and the supervision and control of shipments of 
radioactive  waste  and  spent  fuel11,12.  There  is  also  a  Commission  Recommendation  on  the 
management  of  financial  resources  for  the  decommissioning  of  nuclear  installations,  spent 
fuel and radioactive waste13. 

At  the  international  level,  there  are  safety  standards  developed  in  collaboration  with  other 
organisations by the International Atomic Energy Agency (IAEA) that are not legally binding 
and for which incorporation into national legislation is voluntary. All EU Member States are 
members of the IAEA and participate in the adoption of these standards. 

The  Joint  Convention  on  the  Safety  of  Spent  Fuel  Management  and  on  the  Safety  of 
Radioactive  Waste  Management,  concluded  under  the  auspices  of  the  IAEA,  is  the  most 
significant  international  agreement  in  its  field.  However,  there  are  no  sanctions  for  non-
compliance.  Therefore,  even  though  all  EU  Member  States  (except  Malta)  and  the  Euratom 
Community  are  contracting  parties,  the  internationally  accepted  principles  and  requirements 
laid  down  in  the  Joint  Convention  and  related  IAEA  safety  standards  do  not  guarantee  a 
uniform approach at EU level.  

To  ensure  the  implementation  of  internationally  endorsed  principles  and  requirements  for 
spent  fuel  and  radioactive  waste  management,  the  proposed  Directive  makes  them  legally 
binding and enforceable. It therefore lays down specific requirements for the scope, contents 
and review of national programmes for spent fuel and radioactive waste management. 

The  basic  approach  is  similar  to  that  followed  for  the  Nuclear  Safety  Directive,  i.e.  it  is 
anchored  in  the  competence  of  the  national  regulatory  authorities  and  in  the  internationally 
endorsed principles and requirements of the IAEA Safety Standards and the Joint Convention, 
thus minimising any additional burden on the Member States' authorities. 

The  proposed  Directive  will  implement  the  highest  safety  standards  for  spent  fuel  and 
radioactive  waste  management  in  a  comprehensive  manner  and  will  thus  form  a  model  and 
benchmark  for  third  countries  and  regions.  It  will  ensure  the  implementation  of  radioactive 
waste disposal without undue delay. 

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OJ L 371, 30.12.1987, p.76. 
OJ L 346, 31.12.2003, p. 57. 
O J L 102, 11.04.2006, p. 15 
OJ L 337, 5.12.2006, p. 21. 
OJ L 338, 17.12.2008, p. 69. 
OJ L 330, 28.11.2006, p.31 

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2.  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

When drafting the revised proposal, the Commission consulted widely through different EU-
wide initiatives, in response to a request from the Council14.  

The  consultation  involved  governments,  national  regulators,  radioactive  waste  management 
organisations, radioactive waste producers and others in the Member States, together with the 
various European Institutions, non-governmental organisations and other partners. A detailed 
contribution from the European Nuclear Safety Regulators Group (ENSREG) was taken into 
account.  This  was  of  key  importance  given  the  specific  competence  of  ENSREG,  which 
represents national nuclear regulatory or safety authorities in all Member States, nuclear and 
non-nuclear alike.  

Special  attention  was  given  to  the  societal  dimension  through  a  variety  of  public 
consultations,  including  dedicated  Eurobarometer  polls15  and  an  open  public  consultation16. 
Radioactive waste is a major concern of EU citizens in the context of continued use of nuclear 
energy. Furthermore, a large majority is in favour of legislation at European level. 

A thorough impact assessment concluded that the lack of binding EU legislation is likely to 
lead  to  postponement  of  taking  key  decisions,  with  potentially  adverse  environmental, 
economic  and  social  impacts,  including  undue  burdens  on  future  generations  and  possibly 
distortion of competition in the electricity market.  

In contrast, binding EU legislation would result in a uniformly high level of safety of spent 
fuel  and  radioactive  waste  management  EU-wide  in  the  long  term,  without  imposing  undue 
burdens on future generations or compromising the ability of future generations to meet their 
own needs.  

3.  LEGAL ELEMENTS OF THE PROPOSAL 

The  Directive's  objective  as  stated  in  its  Article  1  is  the  establishment  of  a  Community 
framework  for  responsible  management  of  spent  fuel  and  radioactive  waste,  ensuring  that 
Member  States  make  appropriate  national  arrangements  for  a  high  level  of  safety  and 
maintain and promote public information and participation;  

Its scope (Article 2) covers all stages of the management of civilian spent fuel and radioactive 
waste from generation to disposal, but not the management of specific types of waste, such as 
authorised releases and waste from extractive industries which may be radioactive, as already 
covered by existing European legislation17,18; 

Special  attention  was  paid  to  ensuring  the  Directive  is  consistent  with  existing  European 
legislation  while  making  internationally  accepted  principles  and  requirements,  laid  down  in 
the IAEA Safety Standards and the Joint Convention, legally binding and enforceable in the 

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June 2004 Council conclusions on Nuclear Safety and Safe Management of Spent Fuel and Radioactive 
Waste, 10823/04 
Special Eurobarometer 297 (2008) and Special Eurobarometer 324 (2010) 
http://ec.europa.eu/energy/nuclear/consultations/2010_05_31_fuel_waste_en.htm 
OJ L 159, 29.6.1996, p.1 
O J L 102, 11.04.2006, p. 15 

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EU. Hence the set of definitions given in Article 3 is consistent with the definitions given in 
both the existing European legislation and the IAEA Safety Glossary (Joint Convention)19. 

General  principles  governing  the  safe  and  sustainable  management  of  spent  fuel  and 
radioactive waste are laid down in Article 4; 

Special  attention  has  also  been  paid  to  ensure  the  proposed  Directive  is  consistent  with  the 
Nuclear  Safety  Directive,  so  that  all  facilities  for  spent  fuel  and  radioactive  waste 
management  have  the  same  level  of  safety.  To  this  end,  the  structures  of  the  proposed 
Directive  and  the  Nuclear  Safety  Directive  are  similar,  particularly  in  Articles  5  to  7,  9,  12 
and 16 to 18. 

Obligations associated with the application of the general principles include: 

–  a  national  framework  for  spent  fuel  and  radioactive  waste  management  in  the  long  term 

(Article 5); 

–  a competent regulatory authority in the field of safety of spent fuel and radioactive waste 

management (Article 6); 

–  license holders having the prime responsibility for safety (Article 7); 

–  education and training to obtain the expertise and skills required (Article 9);  

–  transparency in decision-making on spent fuel and radioactive waste management (Article 

12).  

Owing  to  the  specificity  of  radioactive  waste  management,  specific  obligations  are  also 
introduced: 

–  Article  8  sets  out  the  approach  to  safety,  including  requirements  for  a  safety  case  and  a 
supporting safety assessment of facilities and activities relating to the management of spent 
fuel and radioactive waste; 

–  Article 10 addresses the need to ensure that sufficient financial resources are available for 
spent  fuel  and  radioactive  waste  management  when  needed,  in  accordance  with  the 
'polluter-pays-principle'; 

–  Article 11 seeks to ensure an appropriate quality of the safety. 

A conditional set of requirements in respect of the national programmes for radioactive waste 
and spent fuel management, needed to fulfil objectives and satisfy requirements, are included: 

–  Article 13 introduces the basic requirements for national programmes; 

–  Article 14 introduces the content of a national programme; 

–  Article 15 requires the notification of the national programmes to the Commission.  

Some final provisions are specified in: 

19 

http://www-ns.iaea.org/standards/safety-glossary.htm 

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–  Article 16 lays down reporting requirements consistent with the reporting mechanism for 
the  Nuclear  Safety  Directive.  Member  States  will  report  to  the  Commission  on  the 
implementation of the proposed Directive, taking advantage of the reporting cycles under 
the  Joint  Convention.  On  the  basis  of  the  Member  States′  reports,  the  Commission  will 
submit a progress report to the Council and the European Parliament. Member States will 
invite  international  peer  review  of  their  national  frameworks  and  national  programmes 
with the aim of achieving the required high standards in the management of spent fuel and 
radioactive waste. The outcomes of any peer review will be reported to the Member States 
and the Commission. 

–  Article 17 lays down requirements for transposing of the proposed directive into national 

legislation. 

–  Articles  18  and  19  state  the  date  of  entry  into  force  of  the  proposed  directive  and  the 

addressees. 

4.  BUDGETARY IMPLICATIONS 

There are no implications for the EU budget.  

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2010/0306 (NLE) 

Proposal for a 

COUNCIL DIRECTIVE 

on the management of spent 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 European Commission, drawn up after obtaining the 
opinion  of  a  group  of  persons  appointed  by  the  Scientific  and  Technical  Committee  from 
among  scientific  experts  in  the  Member  States,  and  after  having  consulted  the  European 
Economic and Social Committee20, 

Having regard to the opinion of the European Parliament21, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

Article 2(b) of the Treaty provides for the establishment of uniform safety standards to 
protect the health of workers and of the general public.  

Article  30  of  the  Treaty  provides  for  the  establishment  of  basic  standards  for  the 
protection of the health of workers and the general public against the dangers arising 
from ionizing radiations.  

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/Euratom of 13 May 1996 laying down basic safety standards 
for the protection of the health of workers and the general public against the dangers 
arising  from  ionizing  radiation22  applies  to  all  practices  which  involve  a  risk  from 
ionizing  radiation  emanating  from  an  artificial  source  or  from  a  natural  radiation 
source in cases where natural radionuclides are or have been processed in view of their 
radioactive,  fissile  or  fertile  properties.  It  also  covers  the  authorised  releases  of 
materials  that  originate  from  such  practices.  The  provisions  of  that  Directive  have 
been supplemented by more specific legislation. 

(5) 

As recognised by the Court of Justice of the European Union (hereinafter referred to as 
'the  Court  of  Justice')  in  its  case-law,  the  provisions  of  Chapter  3  of  the  Treaty,  on 

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22 

……… 
…………. 
OJ L 159, 29.6.1996, p.1. 

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(6) 

(7) 

(8) 

(9) 

health and safety, form a coherent whole conferring upon the Commission powers of 
some  considerable  scope  in  order  to  protect  the  population  and  the  environment 
against the risks of nuclear contamination23.  

Council Decision 87/600/Euratom of 14 December 1987 on Community arrangements 
for  the  early  exchange  of  information  in  the  event  of  a  radiological  emergency24 
established  a  framework  for  notification  and  provision  of  information  to  be  used  by 
the  Member  States  in  order  to  protect  the  general  public  in  case  of  a  radiological 
emergency. 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 emergency25 imposed obligations on the Member States to 
inform the general public in the event of a radiological emergency. 

Council Directive 2003/122/Euratom of 22 December 2003 provides for the control of 
high-activity  sealed  radioactive  sources  and  orphan  sources26,  including  disused 
sources.  

Directive  2006/21/EC  of  the  European  Parliament  and  of  the  Council  of  15  March 
2006 on the management of waste from extractive industries and amending Directive 
2004/35/EC27 covers the management of waste from extractive industries which may 
be  radioactive,  excluding  such  aspects  as  are  specific  to  radioactivity,  which  are  a 
matter dealt with under Euratom Treaty.  

Council Directive 2006/117/Euratom of 20 November 200628 lays down a Community 
system  of  supervision  and  control  of  transboundary  shipments  of  radioactive  waste 
and  spent  fuel.  This  Directive  was  supplemented  by  Commission  Recommendation 
2008/956/Euratom of 4 December 2008 on criteria for the export of radioactive waste 
and spent fuel to third countries29. 

(10)  Council  Directive  2009/71/Euratom  of  25  June  2009  establishing  a  Community 
framework for the nuclear safety of nuclear installations30, defines obligations on the 
Member  States  to  establish  and  maintain  a  national  framework  for  nuclear  safety. 
While that Directive concerns principally the nuclear safety of nuclear installation, it 
states  that  it  is  also  important  to  ensure  the  safe  management  of  spent  fuel  and 
radioactive  waste,  including  at  storage  and  disposal  facilities.  However,  Directive 
2009/71/Euratom does not cover all facilities and aspects of spent fuel and radioactive 
waste management. 

(11)  Directive  85/337/EEC  on  the  assessment  of  the  effects  of  certain  public  and  private 
projects  on  the  environment,  as  amended  by  Directive  97/11/EC,  by  Directive 
2003/35/EC  and  by  Directive  2009/31/EC31  applies  to  facilities  for  spent  fuel 

23 
24 
25 
26 
27 
28 
29 
30 
31 

C-187/87 (1988 ECR p.5013) and C-29/99 (2002 ECR p. I-11221) 
OJ L 371, 30.12.1987, p.76. 
OJ L 357, 7.12.1989, p. 31. 
OJ L 346, 31.12.2003, p. 57. 
O J L 102, 11.04.2006, p. 15 
OJ L 337, 5.12.2006, p. 21. 
OJ L 338, 17.12.2008, p. 69. 
OJ L 172, 2.7.2009, p. 18. 
OJ L 175, 5.7.1985, p. 40. 

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management  and  facilities  for  radioactive  waste  management,  in  so  far  as  they  are 
covered by Annex I of this Directive. 

(12)  Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 
on the assessment of the effects of certain plans and programmes on the environment32 
states that environmental assessment shall be carried out for all plans and programmes 
which are prepared for certain sectors and set the framework for future development 
consent of projects listed in Annexes I and II to Directive 85/337/EEC. 

(13)  Directive  2003/4/EC  of  the  European  Parliament  and  of  the  Council  of  28  January 
2003 on public access to environmental information33 refers to radioactive waste in the 
definition of 'environmental information'. 

(14)  Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 
providing  for  public  participation  in  respect  of  the  drawing  up  of  certain  plans  and 
programmes  relating  to  the  environment34  applies  to  the  plans  and  programmes 
contemplated by Directive 2001/42. 

(15)  Commission Recommendation of 24 October 2006 on the management of the financial 
resources for the decommissioning of nuclear installations, spent fuel and radioactive 
waste35 focuses on the adequacy of funding, its financial security and its transparency 
in order to ensure that the funds are only used for the intended purposes. 

(16)  Existing  Community  legislation  does  not  lay  down  specific  rules  ensuring  safe  and 
sustainable  management  of  spent  fuel  and  radioactive  waste  at  all  stages,  from 
generation to disposal. 

(17)  The Joint Convention on the Safety of Spent Fuel Management and on the Safety of 
Radioactive  Waste  Management  (hereafter  referred  to  as  'the  Joint  Convention')36, 
concluded under the auspices of the IAEA, to which Euratom and almost all Member 
States are Contracting Parties, 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. 

(18) 

In  2006  the  IAEA  updated  its  entire  corpus  of  standards  and  published  the 
Fundamental  Safety  Principles37,  which  were 
jointly  sponsored  by  Euratom, 
OECD/NEA and other international organisations. As stated by the Joint  Sponsoring 
Organisations,  applying  the  Fundamental  Safety  Principles  will  facilitate  the 
application  of  international  safety  standards  and  will  make  for  greater  consistency 
between  the  arrangements  of  different  States.  It  is  therefore  desirable  that  all  States 
adhere to and advocate these principles. The principles will be binding on the IAEA in 
relations to its operation and on States in relation to operation assisted by IAEA. States 
or  sponsoring  organisations  may  adopt  the  principles,  at  their  own  discretion,  for 
application to their own activities. 

32 
33 
34 
35 
36 
37 

OJ L 197, 21.7.2001, p. 30 
OJ L 41, 14.2.2003, p. 26 
OJ L 156, 25.6.2003, p. 17 
OJ L 330, 28.11.2006, p.31 
INFCIRC/546 of 24 December 1997. 
Fundamental Safety Principles, Safety Fundamentals No. SF-1, IAEA, Vienna, 2006 

EN 

11 

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(19)  The  Joint  Convention  represents  an  incentive  instrument,  as  it  does  not  entail  any 
sanctions  for  non-compliance.  Also  the  safety  standards  developed  by  the  IAEA  in 
cooperation  with  Euratom,  OECD/NEA  and  other  international  organisations  are 
neither legally binding, nor enforceable. 

(20)  Following  the  Council's  invitation  to  set  up  a  High  Level  Group  at  EU  level,  as 
recorded in its Conclusions of 8 May 2007 on nuclear safety and safe management of 
spent  fuel  and  radioactive  waste,  the  European  Nuclear  Safety  Regulators  Group 
(ENSREG) was set up by Commission Decision 2007/530/Euratom of 17 July 2007 on 
establishing  the  European  High  Level  Group  on  Nuclear  Safety  and  Waste 
Management38  to  contribute  to  the  achievement  of  the  Community  objectives  in  the 
field of spent fuel and radioactive waste management.  

(21)  The first conclusions and recommendations of ENSREG were reflected in the Council 
Resolution of 16 December 2008 on Spent Fuel and Radioactive Waste Management. 
In  July  2009  the  first  ENSREG's  report39  was  submitted  to  the  Commission,  and 
transmitted to the European Parliament and the Council in September. It was reflected 
by the Council in its Conclusions of 10 November 200940, where the Council further 
invites the Commission to make full use of ENSREG expertise in the case of proposals 
for  legally  binding  instruments  in  the  field  of  safe  management  of  spent  fuel  and 
radioactive waste being considered.  

(22)  The  European  Parliament  called  for  harmonised  standards  for  radioactive  waste 
management41  and  invited  the  Commission  to  review  the  relevant  drafts  of  its 
legislative  proposal  and  submit  a  new  proposal  for  a  directive  on  radioactive  waste 
management42  

(23)  There  is  a  growing  recognition  in  the  Union  as  well  as  worldwide  of  the  need  for  a 
responsible use of nuclear energy, covering in particular nuclear safety and security. In 
this  context  the  issue  of  spent  fuel  and  radioactive  waste  management  needs  to  be 
addressed in order to ensure a safe, optimised and sustainable use of nuclear energy. 

(24)  While  it  is  up  to  the  Member  States  to  define  their  energy  mix,  all  Member  States 
generate  radioactive  waste,  whether  or  not  they  have  nuclear  reactors.  Radioactive 
waste arises mainly from activities of the nuclear fuel cycle, such as the operation of 
nuclear power plants and the reprocessing of spent fuel, but also from other activities, 
such as applications of radioactive isotopes in medicine, research and industry.  

(25)  The operation of nuclear reactors also generates spent fuel. Each Member State may 
define its fuel cycle policy considering spent fuel as a valuable resource that may be 
reprocessed,  or  deciding  to  dispose  of  it  as  waste.  Whatever  option  is  chosen,  the 
disposal  of  high  level  waste,  separated  at  reprocessing,  or  of  spent  fuel  regarded  as 
waste should be considered. 

38 
39 
40 
41 

42 

OJ L 195, 17.7.2007,p.44. 
Report of the European Nuclear Safety Regulators Group, July 2009 
Council conclusions on the report by the Europeans Nuclear Regulators Group, 10 November 2009  
European Parliament resolution on Assessing Euratom – 50 Years of European nuclear energy policy of 
10 May 2007 
Report on Assessing Euratom – 50 Years of European nuclear energy policy, A6-0129/2007 

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(26)  The same safety objectives should apply to spent fuel management and to radioactive 
waste  management.  Recognising  this,  the  Joint  Convention  and  the  IAEA  Safety 
Standards impose the same obligations for disposal of spent fuel as for the disposal of 
radioactive waste. 

(27)  Radioactive waste, including spent fuel considered as waste, requires containment and 
isolation  from  humans  and  the  living  environment  over  the  long  term.  Its  specific 
nature  (content  of  radionuclides)  requires  arrangements  to  protect  human  health  and 
the environment against dangers arising from ionizing radiation, including disposal in 
appropriate  facilities  as  the  end  point  of  its  management.  The  storage  of  radioactive 
waste,  including  long-term  storage,  is  an  interim  solution  but  not  an  alternative  to 
disposal. 

(28)  A national radioactive waste classification scheme should support these arrangements 
taking  fully  into  account  the  specific  types  and  properties  of  radioactive  waste.  The 
precise  criteria  according  to  which  waste  is  assigned  to  a  particular  waste  class  will 
depend on the specific situation in the State in relation to the nature of the waste and 
the disposal options available or under consideration. 

(29)  The typical disposal concept for short lived low and intermediate level waste is near 
surface disposal. Following 30 years of research, it is broadly accepted at the technical 
level that deep geological disposal represents the safest and most sustainable option as 
the  end  point  of  the  management  of  high  level  waste  and  spent  fuel  considered  as 
waste. Thus moving towards implementation of disposal should be pursued.  

(30)  Although  each  Member  State  is  responsible  for  its  own  policy  on  spent  fuel  and 
radioactive  waste  management,  that  policy  should  respect  the  relevant  fundamental 
safety principles set by the IAEA43. It is an ethical obligation of each Member State to 
avoid any undue burden on future generations in respect of the existing spent fuel and 
radioactive waste, as well as those expected from decommissioning of existing nuclear 
installations.  

(31)  For  the  responsible  management  of  spent  fuel  and  radioactive  waste,  each  Member 
State should establish a national framework which assures political commitments and 
stepwise  decision  making  implemented  through  adequate  legislation,  regulation  and 
organisation with a clear allocation of responsibilities.  

(32)  The  ultimate  responsibility  of  Member  States  for  the  safety  of  spent  fuel  and 
radioactive  waste  management  is  a  fundamental  principle  reaffirmed  by  the  Joint 
Convention. This principle of national responsibility, as well as the principle of prime 
responsibility of the licence holder for the safety of spent fuel and radioactive waste 
management  under  the  supervision  of  its  national  competent  regulatory  authority, 
should  be  enhanced  and  the  role  and  independence  of  the  competent  regulatory 
authority should be reinforced by this Directive. 

(33)  A national programme should be established to ensure the transposition of the political 
decisions into clear provisions for the timely implementation of all steps of spent fuel 
and  radioactive  waste  management  from  generation  to  disposal.  This  should  include 

43 

Fundamental Safety Principles, Safety Fundamentals No. SF-1, IAEA, Vienna, 2006 

EN 

13 

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all  activities  that  relate  to  handling,  pre-treatment,  treatment,  conditioning,  storage, 
and  disposal  of  radioactive  waste.  The  national  programme  may  be  a  reference 
document or a set of documents. 

(34)  The  different  steps  in  spent  fuel  and  radioactive  waste  management  are  closely 
interrelated.  Decisions  taken  in  one  individual  step  may  affect  a  subsequent  step. 
Therefore  such  interdependencies  should  be  taken  into  account  when  developing 
national programmes. 

(35)  Transparency  is important  in  the  management of spent fuel and radioactive waste. It 
should be provided by requiring effective public information and opportunities for all 
concerned stakeholders to participate in the decision-making processes.  

(36)  Cooperation between Member States and at an international level could facilitate and 

accelerate decision-making through access to expertise and technology.  

(37)  Some  Member  States  consider  that  the  sharing  of  facilities  for  spent  fuel  and 
radioactive waste management, including disposal facilities, is a potentially beneficial 
option when based on an agreement between Member States concerned. 

(38)  When implementing this Directive, Member States should adopt an approach towards 
a particular facility or activity that is proportional to the potential hazard presented by 
that  facility  or  activity  (graded  approach),  and  make  appropriate  justifications  in  the 
safety case.  

(39)  The safety case and the graded approach should provide a basis for decisions related to 
the  development,  operation  and  closure  of  a  disposal  facility  and  should  allow  the 
identification of areas of uncertainty on which attention needs to be focused to further 
improve  the  understanding  of  those  aspects  influencing  the  safety  of  the  disposal 
system,  including  natural  (geological)  and  engineered  barriers,  and  its  expected 
development over the time. The safety case should include the findings of the safety 
assessment and information on the robustness and reliability of the safety assessment 
and  the  assumptions  made  therein.  It  should  therefore  provide  the  collection  of 
arguments and evidence in support of the safety of a facility or activity related to the 
management of spent fuel and radioactive waste. 

(40)  While  recognizing  that  all  hazards  associated  with  spent  fuel  and  radioactive  waste 
should be taken into account in the national framework, this Directive does not cover 
non  radiological  hazards,  which  fall  under  the  Treaty  on  the  Functioning  of  the 
European Union.  

(41)  Maintaining  and  further  developing  competences  and  skills  in  the  management  of 
spent  fuel  and  radioactive  waste,  as  an  essential  element  to  ensure  high  levels  of 
safety, should be based on a combination of learning through operational experience, 
scientific research and technological development, and technical cooperation between 
all actors. 

(42)  Peer  review  of  national  programmes  could  serve  as  an  excellent  means  of  building 
confidence  and  trust  in  the  management  of  radioactive  waste  and  spent  fuel  in  the 
European  Union,  with  the  aim  to  develop  and  exchange  experience  and  ensure  high 
standards.  

EN 

14 

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HAS ADOPTED THIS DIRECTIVE: 

Article 1 

Subject-matter and objectives 

(1) 

(2) 

(3) 

(4) 

This  Directive  establishes  a  Community  framework  for  ensuring  responsible 
management of spent fuel and radioactive waste. 

It ensures that Member States provide for appropriate national arrangements for a high 
level of safety in spent fuel and radioactive waste management to protect workers and 
the general public against the dangers arising from ionizing radiation. 

It  maintains  and  promotes  public  information  and  participation  with  regard  to  spent 
fuel and radioactive waste management. 

This Directive supplements the basic standards referred to in Article 30 of the Treaty 
as  regards  the  safety  of  spent  fuel  and  radioactive  waste  and  is  without  prejudice  to 
Directive 96/29/Euratom. 

Article 2 

Scope 

(1) 

This Directive shall apply to: 

(a) 

(b) 

all  stages  of  spent  fuel  management  when  the  spent  fuel  results  from  the 
operation of civilian nuclear reactors or is managed within civilian activities;  

all  stages  of  radioactive  waste  management,  from  generation  up  to  disposal, 
when the radioactive waste results from civilian activities or is managed within 
civilian activities;  

(2)  Waste from extractive industries which may be radioactive and falls within the scope 

of Directive 2006/21/EC shall not be subject to this Directive. 

(3) 

This Directive shall not apply to authorised releases. 

Article 3 

Definitions 

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

(1) 

(2) 

'closure' means the completion of all operations at some time after the emplacement of 
spent fuel or radioactive waste in a disposal facility, including the final engineering or 
other  work  required  to  bring  the  facility  to  a  condition  that  will  be  safe  in  the  long 
term;  

'competent  regulatory  authority'  means  an  authority  or  a  system  of  authorities 
designated in a Member State in the field of regulation of the safety of spent fuel or 
radioactive waste management as referred to in Article 6; 

EN 

15 

   EN 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

(10) 

(11) 

(12) 

(13) 

'disposal' means the emplacement of spent fuel or radioactive waste in an authorised 
facility with no intention of retrieval; 

'licence' means any legal document granted under the jurisdiction of a Member state to 
carry out any activity related to the management of spent fuel or of radioactive waste, 
or to confer responsibility  for  siting, design, construction, commissioning, operation, 
decommissioning  or  closure  of  a  spent  fuel  management  facility  or  of  a  radioactive 
waste management facility;  

'licence  holder'  means  a  legal  or  natural  person  having  overall  responsibility  for  any 
activity  or  facility  related  to  the  management  of  spent  fuel  or  radioactive  waste  as 
specified in a licence; 

'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  competent  regulatory  authority  under  the  legislative  and 
regulatory framework of the Member State; 

'radioactive  waste  management'  means  all  activities,  that  relate  to  handling, 
pretreatment,  treatment,  conditioning,  storage,  or  disposal  of  radioactive  waste, 
excluding off-site transportation; 

'radioactive waste management facility' means any facility or installation the primary 
purpose of which is radioactive waste management; 

'reprocessing' means a process or operation, the purpose of which is to extract fissile 
and fertile materials from spent fuel for further use; 

'spent  fuel'  means  nuclear  fuel  that  has  been  irradiated  in  and  permanently  removed 
from a reactor core; spent fuel may either be considered as a usable resource that can 
be reprocessed or be destined for disposal if regarded as radioactive waste; 

'spent  fuel  management'  means  all  activities  that  relates  to  the  handling,  storage, 
reprocessing, or disposal of spent fuel, excluding off-site transportation; 

'spent fuel management facility' means any facility or installation the primary purpose 
of which is spent fuel management; 

'storage'  means  the  holding  of  spent  fuel  or  of  radioactive  waste  in  an  authorised 
facility with the intention of retrieval.  

EN 

16 

   EN 

Article 4 

General principles  

(1)  Member  States  shall  establish  and  maintain  national  policies  on  spent  fuel  and 
radioactive waste management. They have ultimate responsibility for management of 
their spent fuel and radioactive waste. 

(2)  Member States shall ensure that: 

(a) 

(b) 

(c) 

(d) 

the  generation  of  radioactive  waste  is  kept  to  the  minimum  practicable,  in 
terms  of  both  activity  and  volume,  by  means  of  appropriate  design  measures 
and  of  operating  and  decommissioning  practices,  including  recycle  and  reuse 
of conventional materials; 

the  interdependencies  between  all  steps  in  spent  fuel  and  radioactive  waste 
generation and management are taken into account; 

no undue burdens are imposed on future generations; 

spent  fuel  and  radioactive  waste  are  safely  managed,  including  in  the  long 
term. 

(3) 

Radioactive waste shall be disposed of in the Member State in which it was generated, 
unless agreements are concluded between Member States to use disposal facilities in 
one of them. 

Article 5 

National framework 

(1)  Member  States  shall  establish  and  maintain  a  national  legislative,  regulatory  and 
organisational  framework  (referred  to  as  the  'national  framework')  for  spent  fuel  and 
radioactive  waste  management  that  allocates  responsibilities  and  provides  for 
coordination between relevant state bodies in the long term. The national framework 
shall include: 

(a) 

(b) 

(c) 

(d) 

(e) 

a  national  programme  for  implementation  of  the  policy  on  spent  fuel  and 
radioactive waste management; 

national  requirements  for  the  safety  of  spent  fuel  and  radioactive  waste 
management; 

a system of licensing of spent fuel and radioactive waste management activities 
and  facilities,  including  prohibition  of  the  operation  of  a  spent  fuel  or 
radioactive waste management facility without a licence; 

a  system  of  appropriate 
documentation and reporting; 

institutional  control, 

regulatory 

inspections, 

enforcement  actions,  including  suspension  of  activities  and  modification  or 
revocation of a licence;  

EN 

17 

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(f) 

the bodies involved in the different steps of spent fuel and of radioactive waste 
management. 

(2)  Member States shall ensure that the national framework is maintained and improved as 
necessary, taking into account operating experience, insights gained from safety cases 
as referred to in Article 8, the development of technology and the results of research.  

Article 6 

Competent regulatory authority 

(1)  Member  States  shall  establish  and  maintain  a  regulatory  authority  competent  in  the 

field of spent fuel and radioactive waste management.  

(2)  Member  States  shall  ensure  that  the  competent  regulatory  authority  is  functionally 
separate  from  any  other  body  or  organisation  concerned  with  the  promotion  or 
exploitation of nuclear energy or radioactive material, including electricity production 
and  radioisotope  applications,  or  with  the  management  of  spent  fuel  and  radioactive 
waste, in order to ensure effective independence from undue influence in its regulatory 
function. 

(3)  Member States shall ensure that the competent regulatory authority is given the legal 
powers  and  human  and  financial  resources  necessary  to  fulfil  its  obligations  in 
connection with the national framework described in Article 5(1) with due priority to 
safety.  

Article 7 

Licence holders 

(1)  Member  States  shall  ensure  that  the  prime  responsibility  for  the  safety  of  spent  fuel 
and  radioactive  waste  management  rests  with  the  licence  holder.  This  responsibility 
can not be delegated.  

(2)  Member  States  shall  ensure  that  the  national  framework  requires  licence  holders, 
under  the  supervision  of  the  competent  regulatory  authority,  to  regularly  assess  and 
verify, and continuously improve, as far as reasonably achievable, the safety of their 
activities and facilities in a systematic and verifiable manner.  

(3) 

The assessments referred to in paragraph 2 shall include verification that measures are 
in  place  to  prevent  accidents  and  mitigate  the  consequences  of  accidents,  including 
verification of the physical barriers and the licence holder’s administrative procedures 
for protection that would have to fail before workers and the general public would be 
significantly affected by ionizing radiation.  

(4)  Member  States  shall  ensure  that  the  national  framework  requires  licence  holders  to 
establish  and  implement  management  systems  which  give  due  priority  to  safety  and 
are regularly verified by the competent regulatory authority.  

(5)  Member  States  shall  ensure  that  the  national  framework  requires  licence  holders  to 
provide  for  and  maintain  adequate  financial  and  human  resources  to  fulfil  their 

EN 

18 

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obligations with respect to the safety of spent fuel and radioactive waste management, 
laid down in paragraphs 1 to 4. 

Article 8 

Safety case 

(1) 

(2) 

(3) 

A  safety  case  and  a  supporting  safety  assessment  shall  be  prepared  as  part  of  the 
license application for a facility or activity. They shall be updated, as necessary, over 
the evolution of the facility or activity. The extent and detail of the safety case and the 
safety  assessment  shall  be  commensurate  with  the  complexity  of  the  operations  and 
the magnitude of the hazards associated with the facility or activity. 

The  safety  case  and  supporting  safety  assessment  shall  cover  the  siting,  design, 
construction,  operation,  and  decommissioning  of  a  facility  or  closure  of  a  disposal 
facility;  the  safety  case  shall  specify  the  standards  applied  for  this  assessment.  The 
long-term  post-closure  safety  shall  be  addressed,  in  particular  how  it  is  ensured  by 
passive means to the fullest extent possible.  

The safety case for a facility shall describe all safety-relevant aspects of the site, the 
design  of  the  facility,  and  the  managerial  control  measures  and  regulatory  controls. 
The  safety  case  and  supporting  safety  assessment  shall  demonstrate  the  level  of 
protection provided and shall provide assurance to the competent regulatory authority 
and other interested parties that safety requirements will be met. 

(4) 

The safety case and supporting safety assessment shall be submitted to the competent 
regulatory authority for approval. 

Article 9 

Expertise and skills 

Member States shall ensure that the national framework includes arrangements for education 
and  training  covering  the  needs  of  all  parties  with  responsibilities  for  spent  fuel  and 
radioactive waste management in order to maintain and to further develop necessary expertise 
and skills. 

Article 10 

Financial resources 

Member  States  shall  ensure  that  the  national  framework  guarantees  that  adequate  financial 
resources are available when needed for the management of spent fuel and radioactive waste, 
taking due account of the responsibility of radioactive waste producers. 

Article 11 

Quality assurance 

Member  States  shall  ensure  that  appropriate  quality  assurance  programmes  concerning  the 
safety of spent fuel and radioactive waste management are established and implemented. 

EN 

19 

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Article 12 

Transparency 

(1)  Member  States  shall  ensure  that  information  on  the  management  of  spent  fuel  and 
radioactive waste is made available to workers and the general public. This obligation 
includes  ensuring  that  the  competent  regulatory  authority  informs  the  public  in  the 
fields  of  its  competence.  Information  shall  be  made  available  to  the  public  in 
accordance  with  national  legislation  and  international  obligations,  provided  that  this 
does  not  jeopardise  other  interests  recognised  in  national  legislation  or  international 
obligations such as, inter alia, security. 

(2)  Member  States  shall  ensure  that  the  public  is  given  opportunities  to  participate 
effectively  in  the  process  of  decision  making  on  spent  fuel  and  radioactive  waste 
management. 

Article 13 

National programmes 

(1) 

As part of the national framework, Member States shall establish, implement and keep 
updated  programmes  for  the  management  of  spent  fuel  and  radioactive  waste 
(hereafter  referred  to  as  'national  programmes'),  covering  all  types  of  spent  fuel  and 
radioactive waste under their jurisdiction and  all stages of  spent fuel  and radioactive 
waste management from generation to disposal.  

(2) 

National programmes shall be in line with the provisions of Articles 4 to 12. 

(3)  Member  States  shall  regularly  review  and  update  their  national  programmes,  taking 

into account technical and scientific progress as appropriate. 

Article 14 

Contents of national programmes 

National programmes shall include: 

(1) 

(2) 

(3) 

(4) 

an inventory of all spent fuel and radioactive waste and previsions of future quantities, 
including  those  from  decommissioning.  The  inventory  shall  clearly  indicate  the 
location and amount of the material and, through appropriate classification, the level 
of hazard;  

concepts, plans and technical solutions from generation to disposal; 

concepts  and  plans  for  the  post-closure  period  of  a  disposal  facility,  including  time 
over  which  institutional  controls  are  retained  and  the  means  to  be  employed  to 
preserve knowledge of the facility in the longer term; 

description  of  research,  development  and  demonstration  activities  that  are  needed  in 
order to implement solutions for the management of spent fuel and radioactive waste; 

(5)  major milestones, clear timeframes and responsibilities for implementation; 

EN 

20 

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(6) 

(7) 

(8) 

key performance indicators to monitor progress towards implementation; 

assessment  of  programme  costs  and  the  underlying  basis  and  hypotheses  for  this 
assessment, which must include a profile over time; 

description of the financing scheme(s) in force to ensure all programme costs can be 
met according to the foreseen schedule.  

Article 15 

Notification  

(1)  Member  States  shall  notify  the  Commission  of  their  national  programmes  and  of 

subsequent significant changes.  

(2)  Within three months of the date of notification, the Commission may request further 
clarification and/or revision in line with the provisions of the present Directive.  

(3)  Within  three  months  from  receiving  the  Commission's  reaction  Member  States  shall 
provide  the  requested  clarification  and/or  inform  the  Commission  how  the  revision 
will be implemented. 

(4) 

The Commission will take into account the Member States' clarifications and progress 
on  the  national  waste  management  programs,  when  deciding  on  the  provision  of 
Euratom  financial  or  technical  assistance  for  spent  fuel  and  radioactive  waste 
management  facilities  or  activities,  or  when  formulating  its  views  on  investment 
projects in accordance with Article 43 of the Euratom Treaty. 

Article 16 

Reporting 

(1)  Member States shall submit a report to the Commission on the implementation of this 
Directive for the first time by ….., and every three years thereafter, taking advantage 
of the review and reporting cycles under the Joint Convention on the Safety of Spent 
Fuel Management and on the Safety of Radioactive Waste Management. 

(2) 

On the basis of the Member States′ reports, the Commission shall submit a report to 
the Council and the European Parliament on progress made with the implementation 
of this Directive. On the same basis, the Commission shall also submit an inventory of 
radioactive  waste  and  spent  fuel  present  in  the  Community's  territory  and  the  future 
prospects. 

(3)  Member  States  shall  periodically,  and  at  least  every  10  years,  arrange  for  self-
assessments  of  their  national  framework,  competent  regulatory  authority,  national 
programme  and  its  implementation,  and  invite  international  peer  review  of  their 
national  framework,  authority  and/or  programme  with  the  aim  of  ensuring  that  high 
standards  are  achieved  in  the  management  of  spent  fuel  and  radioactive  waste.  The 
outcomes  of  any  peer  review  shall  be  reported  to  the  Commission  and  the  Member 
States.  

EN 

21 

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Article 17 

Transposition 

(1)  Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions  necessary  to  comply  with  this  Directive  by  ……..  They  shall  forthwith 
inform  the  Commission  thereof.  When  Member  States  adopt  these  measures,  they 
shall contain a reference to this Directive or shall be accompanied by such reference 
on  the  occasion  of  their  official  publication.  The  methods  of  making  such  reference 
shall be laid down by Member States.  

(2)  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  and  of  any 
subsequent amendments to those provisions.  

(3)  Member States shall notify the Commission their first National Programme covering 
all the items provided for in Article 14 as soon as possible but not later than four years 
after the entry into force of this Directive. 

Article 18 

Entry into force 

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

Article 19 

Addressees 

This Directive is addressed to the Member States.  

Done at Brussels,  

For the Council 
The President 

EN 

22 

   EN