COMMISSION STAFF WORKING DOCUMENT Implementation Plan Accompanying the document Proposal for a Council Directive amending Directive 2009/71/EURATOM establishing a Community framework for the nuclear safety of nuclear installations
Date: 2013-06-13
Institutions: European Commission
Subjects: amendment of a law, nuclear energy, nuclear power station, nuclear safety, proposal (EU), safety standard

EUROPEAN 
COMMISSION 

Brussels, 13.6.2013  
SWD(2013) 201 final 

COMMISSION STAFF WORKING DOCUMENT 

Implementation Plan  

Accompanying the document 

Proposal for a Council Directive  

amending Directive 2009/71/EURATOM establishing a Community framework for the 
nuclear safety of nuclear installations 

{COM(2013) 343 final} 
{SWD(2013) 199 final} 
{SWD(2013) 200 final} 

EN 

   EN 

 
 
 
 
  
 
 
Implementation Plan1 

1.  Title of the document for the proposed act 

Implementation  Plan  for  Proposal  for  a  Council  Directive  amending  Directive 
2009/71/EURATOM establishing a Community framework for the nuclear safety 
of nuclear installations 

2.  Contact point   

The  responsible  service  is  the  unit  ENER  D.1  "Nuclear  safety  architecture  and 
multilateral  &  international  cooperation"  within  Directorate-General  for  Energy. 
Functional mailbox: ener-lux-euratom-article-33@ec.europa.eu  

3.  Deliverables and implementation challenges 

The  overall  objective  of  the  legislative  revision  is  to  maintain  and  promote  the 
continuous improvement of nuclear safety and its regulation at EU level. 

The  proposed  amendments  aim  at  enhancing  the  regulatory  framework  for 
nuclear safety in the EU in several areas. Member States have to ensure that the 
new provisions are properly and promptly transposed into national law within the 
prescribed deadline.  

The  implementation  of  the  amended  Directive  should  be  significantly  facilitated 
by  the  fact  that  the  draft  text  of  the  legislative  proposal  had  been  consulted  in 
advance  with  the  main  stakeholders  and  could  benefit  for  their  input  and 
expertise. In this regard, a special role was given to ENSREG, which represents 
a unique focal point of expertise, as it reunites high-level representatives of the 
national competent nuclear regulatory authorities from all the EU Member States, 
nuclear and non-nuclear alike.  

3.1. Flexible implementation of the Directive by Member States 

When  transposing  and  implementing  the  amended  Directive,  Member 
States  should  take  advantage  of  the  flexibility  it  provides,  taking  into 
consideration in particular that: 

(i)  The  Directive  expressly  acknowledges  that  it  does  not  prevent 
Member States from taking more stringent safety measures. 

(ii)  The  non-prescriptive,  goal-setting  approach  to  regulate  technical 
safety  issues  laid  down  in  the  Directive  allows  a  dynamic  and 
flexible implementation by the Member States reflecting the state of 
the art progress in nuclear safety.  

1 This Implementation Plan is provided for information purposes only. It does not legally bind the 
Commission on whether the identified actions will be pursued or on the form in which they will 
be pursued. 

2 

 
 
                                                 
(iii) 

In  line  with  the  principle  of  proportionality,  the  applicability  of  the 
technical  requirements  of  the  Directive  depends  on  the  type  of 
nuclear installations on the territory of a Member State. Therefore, 
when  implementing  these  provisions  in  national  law,  Member 
States should take account of the risks posed by the specific types 
of  nuclear  installations  they  plan  or  operate.  In  particular,  the 
proportionality  principle  will  concern  those  Member  States  that 
keep  only  a  small  inventory  of  nuclear  and  radioactive  materials, 
e.g.  linked  to  the  operation  of  smaller  research  reactor  facilities, 
which 
in  case  of  a  severe  accident  would  not  engender 
consequences  comparable  to  those  generated  by  nuclear  power 
plants. 

3.2. Effective  cooperation  and  coordination  among  all  actors  and  in 
particular  the  Member  States  to  achieve  full  implementation  of  the 
amended Directive 

A  proper  implementation  of  the  Directive  can  only  be  ensured  and  the 
envisaged improvements in nuclear safety can be achieved if all relevant 
actors  fulfil  their  new  obligations  requiring  close  cooperation  and 
coordination  among  them.  Such  close  cooperation  and  coordination  is 
essential when the Directive provides for a joint or coordinated action of 
the Member States themselves and the European Commission, such as 
the  new  provisions  establishing  a  European  system  of  topical  peer 
reviews of nuclear installations or the provisions introducing a mechanism 
for  developing  and  establishing,  by  the  Member  States,  EU-wide  non-
binding harmonised nuclear safety guidelines. 

The implementation of these new provisions is however to a large extent 
facilitated  by  the  fact  that  they  fully  build  upon  the  valuable  experience 
that  was  gained  from  the  EU  nuclear  Stress  Tests  exercise.  The  stress 
tests can therefore serve as a model for their implementation.  

the  representatives  of 

Moreover, 
the  national  nuclear  regulatory 
authorities  reunited  in  ENSREG  consider  the  European  topical  peer 
reviews  to  be  an  important  inter-regulatory  instrument  to  ensure  high 
quality  nuclear  safety  regulation  across  Europe.  They  also  see  it  as  an 
effective way to ensure a consistent transposition of the newly introduced 
nuclear safety objectives into concrete technical improvements in the EU 
installations.  Consequently,  as  the  national  nuclear  regulators  proposed 
such peer reviews, it can be concluded that they are a viable instrument 
that can and will be effectively implemented.  

Finally, the national nuclear regulators are also given a formal role by the 
amended  directive  to  support  the  Member  States  in  implementing  the 
new  provisions  on  peer  reviews  and  EU-wide  non-binding  technical 
guidelines.  Given  their  unique  expertise  and  experience  in  the  field  of 

3 

 
 
nuclear safety, the national nuclear regulators reunited in ENSREG seem 
to  be  best  placed  to  be  directly  involved  in  the  implementation  of  those 
provisions  of  the  Directive,  i.e.  in  carrying  out  the  peer  reviews  and 
developing the technical guidelines. 

3.3. Early dissemination of information related to implementation   

in  order 

to  anticipate  any  potential  problems  with 

National authorities should as soon as possible share information with the 
licence  holders  on  the  new  legislative  provisions  and  their  possible 
effects 
their 
implementation  on  the  ground  at  a  later  stage.  For  instance,  the 
possibility  of  future  costs  related  to  technical  safety  improvements  in  a 
nuclear installation as a result of the application of the Directive should be 
taken  into  account  by  the  licence  holder  sufficiently  in  advance  to  allow 
an appropriate planning.  

4.  Support Actions 

4.1. Specific workshop 

In  order  to  assist  Member  States  to  comply  with  their  legal  obligation 
about  a  timely  and  correct  transposition,  the  Commission  is  willing  to 
provide  Member  States  with  "technical  assistance"  in  transposing 
legislative texts. The organisation of a specific workshop could be used to 
they  might  be 
examine  with  Member  States  any  problems 
encountering in transposing the amended Directive. 

that 

The  workshop  would  aim  at  establishing  a  harmonised  approach  and 
facilitating  a  timely  transposition  of  the  Directive  into  national  legislation 
by  providing  a  forum  for  sharing  information  on  transposition  difficulties 
encountered or expected by Member States. 

It is suggested that the workshop could be held in Luxembourg around 9 
months  before  the  transposition  deadline  expires.  Member  States  would 
be invited to nominate experts from bodies in charge of the transposition 
legislators,  Ministries'  or 
the  Directive  (e.g. 
or 
competent authorities' representatives, etc.). 

implementation  of 

4.2. ENSREG Group – a body specific to nuclear safety 

As  an  expert  body  specific  to  the  field  of  nuclear  safety  and  waste 
management,  bringing  together  27  Member  States  of  the  EU  and 
representatives  of  the  European  Commission,  ENSREG  will  be  a 
privileged  forum  to  discuss  aspects  related  to  the  implementation  of  the 
amended  Directive  as  it  is  already  the  case  for  the  current  Directive 
2009/71/Euratom.  

4 

 
 
ACTIONS EXPRESSLY DEFINED IN THE DIRECTIVE 

4.3. Notification  of  draft  transposing  measures  (Article  33  Euratom 

Treaty 
obligation) 

This  notification  obligation,  specific  to  the  Euratom  Treaty,  provides  the 
Commission  with  the  possibility  to  orient  the  transposition  efforts  of  the 
Member  States  in  the  right  direction  before  the  national  legislation  is 
formally adopted. 

in  accordance  with 

the  Commission  Recommendation 
Concretely, 
91/444/Euratom  on  the  application  of  the  third  and  fourth  paragraphs  of 
Article 33 of the Euratom Treaty, the draft national transposing measures 
(n.b.  laws,  regulations  and  administrative  provisions)  should  be  notified 
by  the  Member  States  to  the  Commission  "after  completion  of  the 
consultation  procedure  provided  for  in  the  national  decision-making 
process and, in any event, at the last three months before their adoption". 

the  Euratom  Treaty, 

Subsequent to this communication, according to the fourth paragraph of 
Article  33  of 
issue 
recommendations  within  three  months  of  the  date  on  which  such 
provisions are notified to it. Member States shall refrain from adopting the 
proposed  provisions  before 
its 
recommendations  to  them  or  before  the  three  months'  period  has 
elapsed. 

the  Commission  may 

the  Commission  has 

formulated 

Ideally, the draft transposing measures for the amended Directive should 
be notified sufficiently in advance of the end of its transposition deadline. 

4.4. Regular reports on the implementation of the Directive 

Member  States  shall  submit  a  report  to  the  Commission  on  the 
implementation  of  this  Directive  for  the  first  time  by  22  July  2014  and 
every  three  years  thereafter,  taking  into  account  the  timing  for  reporting 
and  regular  review  meetings  under  the  IAEA  Convention  on  Nuclear 
Safety. On the basis of the Member States' reports, the Commission shall 
submit  a  report  to  the  Council  and  the  European  Parliament  on  the 
progress  made  with  the  implementation  of  this  Directive.  Guidelines  to 
facilitate  and  harmonise  reporting  were  developed  in  the  context  of 
ENSREG for the current directive and with the support of the Commission 
services.  Similar  actions  will  be  undertaken  once  the  amendment  is 
adopted by the Council. 

5 

 
 
 
 
OTHER CONNECTED EVENTS 

4.5. Review meetings on the Convention on Nuclear Safety (IAEA) 

As the main innovative and dynamic element of the Convention, Parties 
are  obliged  to  submit  reports  on  the  implementation  of  their  obligations 
for  "peer  review"  at  meetings  of  the  Parties  to  be  held  at  the  IAEA. 
According to the Directive provisions, these reviews and reporting cycles 
will be in liaison with the regular report obligation under the Directive. 

Likewise, according to an attached Declaration, the Euratom Community 
possesses  competences,  shared  with  Member  States,  in  a  variety  of 
fields  covered  by  the  Convention.  A  thorough  coordination  between 
Member  States  and  the  Commission  should  be  established  in  the 
framework of those areas in the light of the new Directive. 

6 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Support Actions for identified implementation challenges 

Annex I 

Support action 

Institution 
Body 

Timing 

Implementation 
challenge 

Flexible 
implementation 
by Member 
States 

BEFORE  THE EXPIRY OF THE TRANSPOSITON  DEADLINE   

Letter to Member States 
(MS) - request for outlining 
problematic issues 
expected in course of the 
transposition that could be 
used as a basis for 
discussion during a 
possible workshop 
Workshop on the 
transposition, aiming to 
help MS to find solutions to 
potential or encountered 
difficulties 
Submissions Art. 33 ET - 
draft transposing 
measures 

Commission 11 months before 

the expiry of the 
transposition 
deadline 

Commission 9 months before 
the expiry of the 
transposition 
deadline 

Member 
States 

3 months before 
the adoption of the 
transposing 
legislation = at the 
latest 3 months 
before the expiry 
of the transposition 
deadline 

Analysis of submissions 
Article 33 ET and possible 
issue of recommendations 

Commission In the last 3 

months before the 
expiry of the 
transposition 
deadline 

AFTER THE EXPIRY OF THE TRANSPOSITON DEADLINE 

Submission of a report on 
implementation of the 
directive 
First general report on the 
implementation to the 
Council and the EP 

Member 
States 

22 July 2014 

Commission December 2014 

7 

 
 
 
 
 
 
 
 
 
 
 
 
 
ENSREG 
recommendations on a 
unified structure for 
national reports on the 
implementation of the 
amended directive 
Submission of a second 
report on the 
implementation of the 
directive 
Second general report on 
the implementation to the 
Council and the EP 

ENSREG 

First half of 2015 

Member 
States 

22 July 2017 

Commission December 2017 

BEFORE AND AFTER THE EXPIRY OF THE TRANSPOSITON DEADLINE 

ENSREG - forum to 
discuss all aspects related 
to the implementation of 
the amended Directive  

ENSREG 

Implementation 
challenge 

Effective 
cooperation and 
coordination 

Support action 

Institution 
Body 

Timing 

BEFORE THE EXPIRY OF THE TRANSPOSITON DEADLINE 

Workshop on the 
transposition, aiming to 
help MS to find solutions to 
potential or encountered 
difficulties 

Commission 9 months before 
the expiry of the 
transposition 
deadline 

BEFORE AND AFTER THE EXPIRY OF THE TRANSPOSITON DEADLINE 

ENSREG 

ENSREG - forum to 
discuss aspects related to 
the implementation of the 
amended Directive as for 
its provisions requiring joint 
or coordinated action 

8 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Implementation 
challenge 

Early 
dissemination of 
information 

Support action 

Institution 
Body 

Timing 

BEFORE THE EXPIRY OF THE TRANSPOSITON DEADLINE 

Early sharing of the 
information on the 
expected impacts with the 
license holders and other 
relevant actors 

Member 
States 

9 

 
 
 
 
 
 
 
 
 
Amended NSD – Tentative Implementation Timeline 

Annex II 

Final adoption of the 
directive by the 
Council 
(TENTATIVE 
DATE) 

Official reminder to 
MS on transposition 
deadline and the 
need to submit draft 
under Art. 33 ET 

Deadline for 
implementation 

COM report to 
Council and EP on 
implementation of the 
AMENDED NSD  

Deadline for 
submission Art. 
33 ET of draft 
transposing 
measures  

                       July 

              July                                         January 

2014

July        

       March 

2015

October 

2016 

2017

22 July 

2018

2021

Provisions of the amended NSD fully applicable 

December 

Entry into force 

Second official reminder 
of deadline for 
transposition 

Report by MS on 
implementation 
of the 
AMENDED NSD  

10