COMMISSION STAFF WORKING DOCUMENT Implementation status of Council Directive 2009/71/Euratom of 25 June 2009 establishing a Community framework for the nuclear safety of nuclear installations Accompanying the document REPORT FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT Implementation of Council Directive 2009/71/Euratom of 25 June 2009 establishing a Community framework for the nuclear safety of nuclear installations
Date: 2015-11-18
Institutions: Directorate-General for Energy, European Commission
Subjects: EAEC, EU Member State, application of EU law, ionising radiation, nuclear energy, nuclear policy, nuclear power station, nuclear safety

EUROPEAN 
COMMISSION 

Brussels, 18.11.2015  
SWD(2015) 244 final 

COMMISSION STAFF WORKING DOCUMENT 

Implementation status of Council Directive 2009/71/Euratom of 25 June 2009 
establishing a Community framework for the nuclear safety of nuclear installations 

Accompanying the document 

REPORT FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN 
PARLIAMENT 

Implementation of Council Directive 2009/71/Euratom of 25 June 2009 establishing a 
Community framework for the nuclear safety of nuclear installations  

{COM(2015) 573 final} 

EN 

   EN 

 
 
 
 
  
 
 
 
 List of abbreviations 

IAEA   
IRRS 

NPP 
WANO 
WENRA 

International Atomic Energy Agency 
Integrated Regulatory Review Service (peer review of the national regulatory 
and organisational framework conducted under AIEA auspices) 
Nuclear Power Plant (including all nuclear power units at one site) 
World Association of Nuclear Operators 
Western European Nuclear Regulators Association 

1 

 
 
 
 
 
 
 
 
 
 
1. 

2. 

2.1. 
2.2. 
2.3. 
2.4. 
2.5. 
2.6. 
2.7. 
2.8. 
2.9. 
2.10. 
2.11. 
2.12. 
2.13. 
2.14. 
2.15. 
2.16. 
2.17. 
2.18. 
2.19. 
2.20. 
2.21. 
2.22. 
2.23. 
2.24. 
2.25. 
2.26. 
2.27. 
2.28. 

3. 

PRELIMINARY REMARKS ..................................................................... 3 

SITUATION IN EACH MEMBER STATE............................................... 4 

Austria ......................................................................................................... 4 
Belgium ....................................................................................................... 5 
Bulgaria ....................................................................................................... 6 
Cyprus ......................................................................................................... 8 
Croatia ......................................................................................................... 8 
Czech Republic ........................................................................................... 8 
Denmark .................................................................................................... 10 
Estonia....................................................................................................... 11 
Finland....................................................................................................... 11 
France ........................................................................................................ 13 
Germany .................................................................................................... 16 
Greece........................................................................................................ 18 
Hungary..................................................................................................... 20 
Ireland........................................................................................................ 22 
Italy............................................................................................................ 22 
Latvia......................................................................................................... 24 
Lithuania.................................................................................................... 25 
Luxembourg .............................................................................................. 27 
Malta.......................................................................................................... 28 
The Netherlands ........................................................................................ 28 
Poland........................................................................................................ 31 
Portugal ..................................................................................................... 33 
Romania .................................................................................................... 34 
Slovakia..................................................................................................... 36 
Slovenia..................................................................................................... 38 
Spain.......................................................................................................... 40 
Sweden ...................................................................................................... 42 
United Kingdom........................................................................................ 44 

CONCLUSION ......................................................................................... 47 

2 

 
  
 
1.  Preliminary remarks 

This Staff Working Document contains background information used for drafting the report 
presented  by  the  Commission  pursuant  to  Article  9.2  of  Directive  2009/71/Euratom  ("the 
Directive")1.  

It  is  based  on  the  information  provided  in  the  national  reports  transmitted  by  the  Member 
States in 2014, in accordance with Article 9.1 of the Directive.  

This document presents the main measures reported by the Member States as implementing 
the Directive. It does not aim at providing an exhaustive view on all activities performed by 
Member  States  nor  does  it  constitute  an  evaluation  of  the  transposition  of  the  Directive  in 
each Member State. Such an evaluation will be performed by the Commission, on the basis of 
the  national  provisions  transposing  Directive  2014/87/Euratom  amending  the  2009  Nuclear 
Safety Directive, once the transposition deadline has passed2. 

Although  some Member States reported on all measures related to  nuclear safety, including 
those  implementing  obligations  arising  from  the  amended  Nuclear  Safety  Directive,  this 
document  only  contains  information  on  the  measures  taken  in  implementation  of  the 
obligations of Directive 2009/71/Euratom. 

1   Directive 2009/71/Euratom of 25 June 2009 establishing a Community framework for the nuclear safety of 

nuclear installations. OJ L 172, 2.7.2009, p. 18. 

2   15 August 2017. 

3 

 
 
 
                                                 
2.  Situation in each Member State 

2.1. Austria 

Austria  has  no  nuclear  power  plant.  As  a  result  of  a  public  referendum  in  1979,  Austria 
follows a strict non-nuclear energy policy. There is one research reactor. 

Legislative, regulatory and organisational framework 

The main legal texts on nuclear safety is the Radiation Protection Act of 1969, which was last 
amended in 2013 as well as the corresponding ordinances on radiation protection and nuclear 
safety  (e.g.  the  General  Radiation  Protection  Ordinance)  amended  in  2012,  which  contain 
installation  safety,  emergency 
radiation  protection, 
detailed  provisions  concerning 
preparedness and the handling of radioactive waste. 

The Radiation Protection Act requires a licence for the operation of a nuclear research reactor 
and explicitly prohibits the construction or operation without appropriate licence. It provides 
for a system of nuclear safety supervision and corresponding enforcement actions. 

The competent regulatory authority 

For  the  single  Austrian  research  reactor,  the  Federal  Ministry  of  Science,  Research  and 
Economy is the competent regulatory authority. 

Austria  reported  that  this  competent  regulatory  authority,  including  the  commissioning  of 
experts, is taken into account in the ministerial financial calculation. 

Licence holders obligations 

The  Vienna  University  of  Technology,  which  owns  the  TRIGA  research  reactor,  gets  its 
resources in the frame of the performance agreements that are signed every three years with 
the  Federal  Ministry  of  Science,  Research  and  Economy.  The  financing  of  the  performance 
agreement  is  supplied  by  the  Federal  Ministry  of  Finance.  The  University  has  to  provide 
reserves  for  investments  in  the  future,  like  for  the  decommissioning  of  the  reactor  after  the 
reactor shutdown. 

Expertise and skills in nuclear safety 

Austrian regulations contain legal requirements concerning education and training of the staff 
of the operator. Austria reported that operational experience is collected and shared among the 
TRIGA reactors worldwide as well as through the IAEA to the international research reactor 
community.  

Information to the public 

Legally fixed rules pertain to the information of the public by the Federal Ministry of Science, 
Research and Economy. 

4 

 
2.2. Belgium 

Belgium has 7 nuclear power reactors, 4 research reactors (one of which is being dismantled, 
another one has been definitively shut down) and 2 fuel cycle plants (one being dismantled). 

Legislative, regulatory and organisational framework 

The basic law on nuclear safety is the Law of 15 April 1994 on the protection of the public 
and  the  environment  against  the  dangers  of  ionising  radiation  and  on  the  Belgian  Federal 
Agency  for  Nuclear  Control.  Several  implementing  decrees  have  been  enacted,  notably  the 
Royal  Decree  of  20  July  2001,  known  as  the  General  Regulations  for  the  protection  of  the 
population, the workers and the environment against the dangers of ionising radiation and the 
Royal Decree of 30 November 2011 on the Safety requirements for nuclear installations3. 

The  General  regulations  of  2001  prohibits  operating  a  nuclear  facility  without  a  licence, 
describes the licensing and the supervision system, including inspections and enforcement in 
nuclear facilities. 

Enforcement tools are provided in the Law of 15 April 1994 and several of its implementing 
regulations. 

The  maintenance  and  improvement  of  the  national  framework  through  the  development  of 
regulation and guides is reported to be one of the regulatory authority's core processes. 

The competent regulatory authority 

The Belgian regulatory authority for nuclear facilities is composed of the Federal Agency for 
Nuclear  Control  (FANC)4  and  its  subsidiary  body,  Bel  V.  The  major  part  of  the  safety 
assessments and on-site inspections related to nuclear facilities are delegated by the FANC to 
Bel V. 

The  FANC  is  supervised  by  the  Federal  Minister  of  Home  Affairs  via  a  Government 
Commissioner who attends the meetings of the Board of Directors. The members of the Board 
of Directors are appointed by Royal Decree, on the proposal of the Council of Ministers. 

The staffing of the regulatory authority amounts up to more than 200 people. 

The FANC is directly financed by the licensees by means of annual taxes, administrative fines 
and fixed fees paid for the delivery of administrative acts such as licences. The taxes and fees 
are  defined  by  the  Law  of  1994  and  by  Royal  Decree  respectively.  They  are  said  to  be 
regularly adapted to sustain the needs of the FANC. 

Licence holders obligations 

The national legislation expresses the prime responsibility of the operator for safety. 

3 This Decree introduced the WENRA reference levels for nuclear facilities. 

4 The FANC has been provided with its legal missions by the Law of 15 April 1994. 

5 

 
 
                                                 
Operators  are  required  by  law  to  perform  safety  review  of  each  nuclear  facility  every  10 
years. 

Belgium has included in its legislation the requirement for a nuclear power plant operator to 
implement  Plant  Specific  Emergency  Operating  Procedures  (EOPs)  and  Severe  Accident 
Management guidelines (SAMGs). 

Pursuant to regulatory obligations, an integrated management system giving priority to safety 
shall  be  established,  implemented,  assessed  and  improved  on  a  continuous  basis  by  the 
operator. 

Expertise and skills in nuclear safety 

In  its  national  report,  Belgium  noted  that  when  performing  assessment  tasks,  the  regulatory 
authority  is  confronted  with  evolving  technology  which  requires  that  it  develops  new 
expertise.  For  this  purpose,  arrangements  are  in  place  to  update  the  knowledge  of  the 
regulatory authority's staff in the field of R&D.  

Information to the public 

Belgium  reported  on  the  FANC's  activities  in  the  field  of  information.  Relevant  laws  and 
regulations are published in the Belgian official journal, as well as notification of decisions. 

International peer review of the national framework 

In December 2013, an IRRS mission of the national regulatory framework was conducted.  

2.3. Bulgaria 

There  are  2  nuclear  reactors  currently  in  operation  in  Bulgaria.  In  addition,  4  reactors  have 
been shut down for decommissioning. One research reactor was shut down in 1989. 

In 2012 the Bulgarian Government took the decision to build a new nuclear power unit. 

Legislative, regulatory and organisational framework 

The Act on the Safe Use of Nuclear Energy (ASUNE), adopted in 2002 and supplemented in 
2010, provides for the legislative, regulatory and organisational framework for nuclear safety. 
In implementation of the ASUNE, 22 Regulations have been adopted. 

The ASUNE establishes an authorisation licensing regime of issuing licences and permits. It 
assigns the regulatory authority the responsibility to carry out regulatory control over nuclear 
installations. 

The  Bulgarian  regulatory  authority  maintains  a  programme  for  the  review  of  the  ASUNE 
implementing regulations. The programme includes review and update of existing regulations, 
as well as developing new ones. Operational experience, periodic safety reviews, science and 
technology development are taken into account. 

6 

 
 
The competent regulatory authority 

The  regulatory  authority  is  the  Nuclear  Regulatory  Agency  (NRA)  which  is  a  legal  person. 
Bulgaria reported that, as an independent regulatory body within the system of the executive 
power, the NRA Chairman reports directly to the Prime Minister. In addition, he shall inform 
the National Assembly on matters of nuclear safety when invited to do so.  

The NRA submits annually its annual report to the Council of Ministers. 

NRA's activities are financed from the State budget and revenues from collected fees. 

Licence holders obligations 

As reported by Bulgaria, the ASUNE, inter alia: 

• 

requires the operators to perform an assessment of the nuclear safety of their nuclear 
facilities  and  to  undertake  actions  and  measures  for  their  enhancement,  taking  into 
account the plant and the international experience, and scientific achievements in this 
area; 

•  specifies  the  requirements  for  emergency  preparedness  during  operation  of  nuclear 

facilities; 

• 

requests  that  activities  which  affect  the  safety  of  nuclear  facilities  are  carried  out  by 
professionally qualified personnel. 

Expertise and skills in nuclear safety 

Pursuant  to  the  ASUNE,  persons  who  perform  activities  on  using  the  nuclear  energy  are 
obliged to ensure personnel training as well as qualification improvement and control. 

Information to the public 

The NRA provides the public with information about the condition of the nuclear safety and 
radiation  protection  in  normal  operation,  as  well  as  in  emergency  situations.  Information 
provided on its website is available in Bulgarian as well as in English. 

In  its  report,  Bulgaria  highlighted  the  fact  that  communication  between  specialists  and  the 
general  public  is  a  challenge.  For  this  purpose,  NRA  organises  seminars  for  journalists 
training  with  representatives  of  the  national  media  as  well  as  public  relation  experts  of 
stakeholders.  In  these  seminars,  the  journalists  become  familiar  with  the  terminology  and 
innovations in nuclear technology and its applications which aims at improving the quality of 
media publications. 

International peer review of the national framework 

An IRRS evaluation of the regulatory activities in Bulgaria has been conducted in April 2013. 

7 

 
2.4. Cyprus 

There are no nuclear reactors in Cyprus. 

The main instruments in this field are the Protection from Ionising Radiation Laws of 2002 
and  2009  amended  by  the  Protection  from  Ionising  Radiation  and  Nuclear  Safety  Law  of 
2011. 

The  Minister  of  Labour,  Welfare  and  Social  Insurance,  acting  through  the  Radiation 
Inspection  and  Control  Service  of  the  Department  of  Labour  Inspection,  is  the  regulatory 
authority in Cyprus for radiation protection and has the responsibility for the administration of 
relevant legislation and authorisation of all sources and practices involving risks of exposure 
to ionising radiation. 

2.5. Croatia 

Croatia  has  no  nuclear  reactors.  However,  State  power  utilities  of  Croatia  and  Slovenia 
constructed a nuclear power plant on the territory of the Republic of Slovenia. Presently, both 
States  share  the  nuclear  liability  and  the  ownership  of  this  plant.  In  March  2003,  an 
intergovernmental agreement on the status, investment, use and dismantling of the plant was 
signed. 

Nowadays,  the  Croatian  regulatory  body  does  not  play  any  role  related  to  this  plant,  the 
Slovenian regulatory body being in charge of the regulatory control. 

The Act on ionising radiation is the Act on Radiological and Nuclear Safety of 2013, which 
founded  the  regulatory  authority:  the  State  Office  for  Radiological  and  Nuclear  Safety 
(SORNS) The SORNS reports to the Government and the Director of SORNS is appointed by 
the Government. It is funded from the State budget only. 

An IRRS mission is planned in Croatia in June 2015. 

2.6. Czech Republic 

There are 6 nuclear power reactors and 3 research reactors in the country. 

Legislative, regulatory and organisational framework 

The main legislative act in the area of nuclear safety is the Atomic Act No. 18 of 1997 which, 
inter alia, entrusts the State Office for Nuclear Safety (SÚJB) with regulatory powers in this 
field.  

The  current  Atomic  Act  forbids  operation  of  nuclear  installations  without  a  licence  and 
provides for infringements actions. 

A  new  Atomic  Act  and  its  implementing  provisions  are  currently  being  prepared.  As 
explained  by  the  Czech  Republic,  this  preparation  is  primarily  driven  by  the  need  to 
supplement,  specify  and  extend  the  existing  legal  regulations  on  the  basis  of  experience 
obtained from seventeen-year application of the current Atomic Act.  

8 

 
 
 
The competent regulatory authority 

The  SÚJB  was  established  as  a  central  governmental  body.  It  is  responsible  to  the 
Government  of  the  Czech  Republic.  Its  chairperson  is  appointed  by  the  Government  and  is 
responsible for the execution of all the SÚJB duties stipulated by the Atomic Act directly to 
the Prime Minister.  

According  to  the  Czech  Republic,  the  independence  of  the  SÚJB  as  regards  the  regulatory 
decision making process is guaranteed by Article 14 of the Atomic Act where it is stipulated 
that  the  SÚJB  proceeds  in  administrative  proceedings  independently  from  any  other 
administrative bodies. 

The number of staff at the SÚJB in 2013 was 201. 

The SÚJB has its own chapter within the State budget. Approximately 60% of SÚJB budget 
comes from fees paid by the licence holders. 

Licence holders obligations 

As reported by the Czech Republic, pursuant to the Atomic Act: 

• 

• 

the  responsibility  for  nuclear  safety  rests  with  licensees  throughout  the  lifecycle  of 
facilities and the duration of activities; 

the  operator  shall  verify  nuclear  safety  during  all  stages  of  the  lifetime  of  the 
installation.  It  shall  assess  it  in  a  systematic  and  comprehensive  manner  from  the 
aspect  of  the  current  level  of  science  and  technology,  and  it  shall  ensure  that  the 
results  of  such  assessments  are  transformed  into  practical  measures.  The  safety 
assessment  is  reviewed  by  the  SÚJB,  both  analytically  and  as  part  of  its  inspection 
activities.  

The principle of priority to nuclear safety has been incorporated into the Atomic Act which 
establishes  general  conditions  for  the  performance  of  activities  related  to  the  utilisation  of 
nuclear energy. 

The obligations of licence holders to provide for and maintain adequate financial and human 
resources to fulfil their obligations with respect to nuclear safety of a nuclear installation are 
set down in the Atomic Act. 

Expertise and skills in nuclear safety 

Pursuant  to  the  Atomic  Act,  nuclear  operators  must  entrust  performance  of  the  specified 
activities only to such persons who fulfil conditions of special professional competence and 
are physically and mentally sound.  

The licensee is also obliged to provide a system of training and verification of competence of 
personnel in accordance with the importance of the work they perform. 

Information to the public 

9 

 
Act No. 106/1999 on Free Access to Information, as amended, sets the rules for the provision 
of information and further regulates the terms of the right to free access to information. The 
Act has been incorporated in an internal regulation of the SÚJB. 

Pursuant  to  this  Act,  all  bodies  of  the  State  administration,  including  the  SÚJB,  provide 
information related to their competencies. 

International peer review of the national framework 

The IAEA conducted an IRRS mission to review the regulatory framework for nuclear safety 
in the Czech Republic in November 2013. 

2.7. Denmark 

There  are  no  nuclear  power  reactor  in  Denmark.  One  research  reactor  is  under 
decommissioning and two research reactors have been fully decommissioned. 

Legislative, regulatory and organisational framework 

The  Danish  legislative,  regulatory  and  organisational  framework  for  nuclear  safety  is  based 
on  Act  No.  170  of  16  May  1962  on  Nuclear  Installations  and  on  Circular  Letter  of  21 
December  2011  from  the  Minister  of  Health  and  Prevention  to  the  Nuclear  Regulatory 
Authorities. 

The competent regulatory authority 

The competent nuclear regulatory authorities are the National Institute of Radiation Protection 
under  the  Danish  Health  and  Medicines  Authority  and  the  Nuclear  Division  of  the  Danish 
Emergency Management Agency. 

Administratively,  the  National  Institute  of  Radiation  Protection  is  an  agency  under  the 
Ministry  of  Health  and  Prevention  while  the  Nuclear  Division  of  the  Danish  Emergency 
Management Agency is an agency under the Ministry of Defence.  

The operator responsible for the current decommissioning is an entity under the Ministry of 
Higher Education and Science. 

Licence holder obligations and expertise and skills in nuclear safety 

Under  Act  No.  170  of  16  May  1962  on  Nuclear  Installations,  construction  and  operation  of 
nuclear installations are subject to authorisation from the Minister of Health and Prevention. 

Requirements  regarding  competences  and  training  of  the  operator  are  stipulated  in 
regulations. 

Information to the public 

As  reported  by  Denmark,  pursuant  to  the  above-mentioned  Circular  Letter  of  2011,  the 
nuclear regulatory authorities provide relevant information of importance to nuclear safety. 

10 

 
 
2.8. Estonia 

There  are  no  nuclear  power  reactor  in  Estonia.  However,  there  is  a  Soviet  Union  former 
military  nuclear  submarine  training  centre  in  a  decommissioning  state.  Based  on  the 
agreement  between  the  Republic  of  Estonia  and  the  Russian  Federation,  the  reactors  were 
defueled in 1994 and the spent nuclear fuel was shipped to Russia. Estonia has never used this 
centre as a military facility. Therefore, the facility has been considered as falling within the 
scope of the Directive. 

Legislative, regulatory and organisational framework and competent regulatory authority 

The  main  legal  document  in  the  field  of  radiation  safety  in  Estonia  is  the  Radiation  Act  of 
2004, amended in 2011.  

Pursuant  to  the  Radiation  Act,  the  performance  of  activities  related  to  the  field  of  radiation 
safety  is  managed  by  the  Ministry  of  the  Environment  within  the  limits  of  its  competence 
through the Environmental Inspectorate and the Environmental Board. 

International peer review of the national framework 

An application to receive an IRRS mission has been sent to the IAEA. Estonia is envisaging 
hosting such a mission in 2016. 

2.9. Finland 

There are 4 nuclear power reactors in Finland. There is also an EPR unit under construction. 
In  May  2010,  the  Government  granted  two  Decisions-in-Principle  for  new  reactors,  which 
were ratified by Parliament. The related programme is on-going. 

There is one research reactor for which decommissioning activities have started. 

Legislative, regulatory and organisational framework 

The  Finnish  nuclear  safety  legislation  is  based  on  the  Nuclear  Energy  Act  originally  from 
1987. The Act has been amended more than 20 times, notably in 2011. 

Recent amendments to the Nuclear Energy Act included:  

• 

• 
• 

to  provide  adequate 

licensee’s  responsibility 

the 
responsibilities relating to the nuclear safety;  
the prohibition to delegate the licensee’s responsibility of nuclear safety; 
the  Ministry  of  Employment  and  the  Economy’s  responsibility  to  arrange  periodic 
self-assessments and invite an international peer review.  

training  for  staff  having 

The Act provides for the rights and responsibilities of the Finnish nuclear safety authority. It 
also defines the enforcement system and rules for suspension, modification or revocation of a 
licence.  

11 

 
 
 
Pursuant to the Act, the safety of nuclear energy use shall be maintained at as high a level as 
practically  possible.  For  the  further  development  of  safety,  measures  shall  be  implemented 
that  can  be  considered  justified  considering  operating  experience  and  safety  research  and 
advances in science and technology. 

Finland reported that the safety authority regularly updates the regulatory guides, taking into 
account advances in science and technology, results of safety research, analysis of operational 
experience, international guidance such as IAEA standards and WENRA reference levels for 
existing  reactors  and  safety  objectives  for  new  reactors,  as  well  as  lessons  learnt  from  the 
Fukushima accident. 

The competent regulatory authority 

The Radiation and Nuclear Safety Authority (STUK) has been established as an independent 
governmental  organisation  for  nuclear  safety.  STUK  is  placed  under  the  Ministry  of  Social 
Affairs and Health.  

Finland  made clear that no ministry can take for its decision-making a matter that has been 
defined by law to be on the responsibility of STUK and that STUK has no responsibilities or 
duties which would be in conflict with regulatory control. 

Amendments to the Nuclear Energy Act and the Radiation Act have been prepared. 

The resources of STUK have been increased to meet the needs to oversee the construction of 
the new nuclear power plant unit in Finland.  

At  the  end  of  2013,  the  total  number  of  staff  at  STUK  was  347  and  in  the  department  of 
Nuclear Reactor Regulation 113. New personnel have been recruited since 2003, mainly for 
the  safety  review  and  assessment  and  inspection  activities  related  to  the  reactor  under 
construction. 

STUK  receives  about  33%  of  its  financial  resources  through  the  Government  budget. 
However,  the  costs  of  regulatory  oversight  are  charged  in  full  to  the  licensees  who  pay  the 
regulatory oversight fees directly to STUK.  

Licence holders obligations 

The  responsibility  for  nuclear  safety  rests  with  the  licensee  as  prescribed  in  the  Nuclear 
Energy Act. 

It is the responsibility of the regulatory body to verify that the licensees fulfil the regulations. 
This verification is carried out through continuous oversight, safety review and assessment as 
well as inspection programmes established by STUK.  

According to Government Decree n°717/2013 on the Safety of Nuclear Power Plants, several 
independent  defence  levels  have  to  be  provided  in  the  design  of  a  nuclear  power  plant. 
Moreover, regulations concerning emergency preparedness and response arrangements at the 
powers plants are provided for in the Nuclear Energy Act and implementing Decrees. 

In  addition,  the  Nuclear  Energy  Act  and  Government  Decree  n°717/2013  state  that  when 
designing, constructing, operating and decommissioning a nuclear power plant, a good safety 

12 

 
culture  must  be  maintained  by  making  sure  that  the  decisions  and  activities  of  the  entire 
organisation  reflect commitment  to safety.  Licensees have to ensure that these requirements 
are applied in all organisations that participate in safety significant activities. 

The Nuclear Energy Act also defines as a condition for granting a construction or operating 
licence  that  the  applicant  has  sufficient  financial  resources,  necessary  expertise  and,  in 
particular,  that  the  operating  organisation  and  the  competence  of  the  operating  staff  are 
appropriate.  The  financial  preconditions  are  primarily  assessed  by  authorities  other  than 
STUK, mainly by the Ministry of Employment and the Economy. 

Expertise and skills in nuclear safety 

As  underlined  by  Finland,  the  plans  for  new  nuclear  reactor  construction  projects  require 
additional  resources  for  the  nuclear  power  utilities  and  the  regulatory  body  as  well  as  from 
technical support organisations. Therefore, Finland stated that "ensuring an adequate national 
supply  of  experts  in  nuclear  science  and  technology  and  ensuring  high  quality  research 
infrastructure are continuous challenges". It reported that during 2010-2012, a committee set 
up  by  the  Ministry  of  Employment  and  the  Economy  worked  on  a  report  aiming  at  giving 
recommendations  and  steps  to  be  taken  until  the  2020’s  for  ensuring  competence  and 
resources  needed  for  the  nuclear  sector.  In  addition,  the  Ministry  of  Employment  and  the 
Economy  set  up  at  the  end  of  January  2013  a  working  group  to  prepare  a  research  and 
development strategy. This report was published by the Ministry at the end of April 2014. 

Information to the public 

Finland described activities performed by STUK to inform public and interested stakeholders 
about the risks related to radiation and use of nuclear energy, safety requirements, the roles 
and  responsibilities  of  STUK,  current  activities  and  operating  experience,  significant 
regulatory decisions taken, and safety research. 

STUK web pages can be found in Finnish, Swedish and English. STUK has also made itself 
available in social media (facebook, twitter and YouTube). 

International peer review of the national framework 

As stated above, an IRRS mission was carried out in October 2012 and STUK has developed 
its  action  plan  for  improvement  on  the  basis  of  the  IRRS  mission  results  and  the  self-
assessment. A follow-up mission will be conducted in June 2015.  

2.10. 

France 

France has 58 nuclear power reactors as well as one under construction, 7 research reactors 
and a complete set of fuel-cycle plants. 

Legislative, regulatory and organisational framework 

The  main  legal  instruments  on  nuclear  safety  is  the  Act  No.  2006-686  of  13  June  2006  on 
Transparency  and  Security  in  the  Nuclear  Field  (the  "TSN  Act"),  now  codified  in  the 
Environment Code and  implementing decrees, in particular Decrees Nos 2007-830 of 11 May 
2007  (the  ‘Basic  Nuclear  Installations  -BNI-  Nomenclature’  Decree)  and  2007-1557  of  2 

13 

 
 
November 2007 (the ‘BNI Procedures’ Decree). Moreover, significant technical changes were 
also introduced by the Order of 7 February 2012 laying down the general rules applicable to 
BNI (the "BNI Order"). 

French legislation and regulatory provisions prohibit the operation of a BNI without a licence 
and provides that the regulatory authority is to ensure the monitoring of compliance with the 
general  rules  and  specific  requirements  in  relation  to  nuclear  safety.  In  the  event  of  an 
established breach, French law provides for coercive measures and administrative penalties. 

As regards the maintenance and improvement of the national framework, France reported that 
the  BNI  Order  of  7  February  2012  is  a  key  element.  Detailed  provisions  pertaining  to  that 
order will be laid down by some fifteen regulatory decisions, six of which have been adopted. 
France indicated that the new French regulations incorporate the reference levels of WENRA 
and that the new regulatory provisions take into account the experience acquired as part of the 
operation of the installations. 

The competent regulatory authority 

The competent regulatory authority for nuclear safety is the Nuclear Safety Authority (ASN), 
which  has  been  established  by  Law  No  2006-686  of  13  June  2006  as  an  independent 
administrative authority.  

The ASN is managed by a college composed of five commissioners. Three of them, including 
the president, are appointed by the President of the Republic. The two other commissioners 
are  appointed  by  the  President  of  the  National  Assembly  and  the  President  of  the  Senate 
respectively.  A  Commissioner  may  be  removed  from  his  functions  if  he  is  prevented  from 
performing his duties or resigns from his position, as determined by the college acting on the 
basis  of  the  majority  of  commissioners.  The  President  of  the  Republic  may  also  remove  a 
member of the college from his functions in the event of a serious breach of his duties. 

As at 31 December 2013, the total number of ASN employees was 478. 

All  the  personnel  and  operational  resources  contributing  to  the  performance  of  the  tasks 
entrusted to the ASN come from the general State budget. 

Licence holders obligations 

The principle of the prime responsibility of the operator is contained in French Law. 

France  reported  that  over  the  course  of  the  operation,  installations'  safety  assessments  and 
checks  are  carried  out  continuously.  In  addition,  operators  are  required  by  law  to  conduct 
periodic safety reviews every 10 years. 

The  General  Operating  Rules  pertaining  to  a  nuclear  installation  include  the  operating 
procedures  in  the  event  of  an  incident  or  accident,  the  purpose  of  which  is  to  return  the 
installation to a safe condition or to mitigate the consequences of the accident. 

The operator of a nuclear installation is required to prepare an internal emergency plan.  

14 

 
 
As  reported  by  France,  the  application  of  the  defence-in-depth  principle  involves  taking 
account  of  the  occurrence  of  serious  accidents  that  are  very  unlikely  when  drawing  up  the 
emergency  plans,  so  as  to  define  the  measures  necessary  to  protect  the  site  staff  and  the 
general public and to manage the accident at the site.  

The  above-mentioned  BNI  Order  requires  operators  to  establish  an  integrated  safety 
management  system  which  enables  safety  to  be  maintained  and  continuously  improved,  in 
particular  during  the  operation  of  nuclear  installations.  That  management  system  is  used  to 
ensure,  inter  alia,  that  the  nuclear-safety-related  requirements  are  systematically  taken  into 
account every time a decision is taken regarding the installation. 

As required by law, when delivering a licence to construct a nuclear installation, the technical 
and  financial  capacities  of  the  operator  are  to  be  taken  into  account.  Those  capacities  must 
enable the operator to carry out its responsibilities, including the ability to cover the costs of 
the  decommissioning  and  of  the  rehabilitation,  monitoring  and  maintenance  of  its  site.  The 
legal  arrangements  require  nuclear  operators  to  make  a  prudent  assessment  of  the  cost  for 
decommissioning  their  installations.  They  must  also  estimate  the  costs  of  managing  their 
spent  fuel  and  their  radioactive  waste.  Nuclear  operators  submit  three-yearly  reports  and 
annual updates to the French authorities. 

Expertise and skills in nuclear safety 

France  reported  that  the  social,  organisational  and  human  factors  (SOHF),  defined  as  all 
work-related  and  organisational  factors  which  will  have  an  impact  on  the  activity  of  the 
operators, are of crucial significance to safety and must be taken into account throughout the 
lifetime of a nuclear installation. 

As  indicated  in  the  report,  the  monitoring  of  SOHF  by  the  ASN  is  primarily  based  on  the 
control  of  the  actions  adopted  by  the  operator  to  improve  the  integration  of  SOHF  into  all 
stages of the lifecycle of an installation. 

Information to the public 

The TSN Act significantly extended the scope of the provisions governing information to the 
public.  

The  Act  requires  all  nuclear  operators  to  produce  an  annual  report  covering,  inter  alia,  the 
arrangements  made  in  relation  to  safety  and  radiation  protection.  It  assigns  to  the  ASN  the 
task of providing information to the public within its areas of competence. It also established 
the HCTISN (Haut Comité pour la Transparence et l'Information sur la sûreté nucléaire), a 
national  forum  for  information,  discussion  and  debate  on  nuclear  activities,  their  safety  and 
their impact on public health and the environment. The Act also broadened the use of Local 
Information  Committees  which  have  been  established  for  each  major  nuclear  installation; 
those  committees  have  a  general  role  of  monitoring,  providing  information  and  debate  in 
matters of nuclear safety, radiation protection and the impact of nuclear activities on people 
and  the  environment.  The  HCTISN  and  these  committees  are  pluralist  bodies  in  which  the 
stakeholders are represented.  

It is indicated in the report that in France, every inspection is followed within 21 days by a 
follow-up letter which is made public on the ASN's website. 

15 

 
France reported having made its report on the implementation of the Nuclear Safety Directive 
publicly available, although this was not requested. 

International peer review of the national framework 

The French national framework and the ASN have been reviewed through an IRRS mission in 
2006 and 2014. 

2.11. 

Germany 

Germany has 8 nuclear power reactors, 3 research reactors, 4 small training reactors as well as 
fuel cycle facilities. The phasing out of the nuclear programme in Germany has been decided. 

Legislative, regulatory and organisational framework 

As reported by Germany, the nuclear legislative framework was established in the 1970s and 
is constantly being developed.  

The framework conditions for legislative and administrative powers in general are stipulated 
in the Constitution (Basic Law/GG). The Atomic Energy Act (the "AtG") provides the legal 
framework for the use of nuclear energy and the safe operation of all nuclear installations in 
Germany. In addition to the general provisions of the Atomic Energy Act, several ordinances 
stipulate  more  detailed  rules.  Technical  details  are  established  in  a  system  of  guidelines, 
technical standards and requirements.  

The licensing of nuclear installations is governed by the AtG. 

Nuclear safety supervision is organised in the context of a federal State, notably on the basis 
of the AtG.  

According to the AtG, the competent licensing authority and safety regulator may decree that 
the  operator  of  a  nuclear  installation  should  rectify  a  situation  which  contravenes  the 
specifications of the AtG, the nuclear regulations, the provisions of the licence or a condition 
imposed subsequently or which may lead to dangers for life, health or property. 

Germany  reported  that  the  Federal  and  Länder  authorities  responsible  for  drawing  up  the 
legislative framework shall revise and, if necessary,  update the regulations. To this end, the 
international state of the art of science and technology is monitored by the Federal regulatory 
authority (BMUB) by taking part in international committees and evaluating the results of the 
work of relevant international, multilateral and bilateral committees and institutions, based on 
the  results  of  research  programmes  sponsored  by  the  BMUB  and  a  variety  of  specialist 
international contacts and specialist international literature.  

Furthermore, it is indicated that operating experience is analysed by the Federal Government 
and the Länder so that the resulting findings can be utilised. This is achieved by evaluating all 
national and relevant international events. 

The competent regulatory authority 

In Germany, the regulatory authority is composed of entities within the Federal Government 

16 

 
 
and Länder authorities. 

On the federal level the Federal Ministry for the Environment, Nature Conservation, Building 
and  Nuclear  Safety  (BMUB)  and  the  Federal  Office  for  Radiation  Protection  (BfS)  are  the 
entities in charge. 

Licensing and regulatory duties at Land level are performed by the highest Land authorities, 
i.e.  by  the  Länder  ministries.  Some  individual  tasks  are  also  performed  by  subordinate 
authorities. The ministries’ responsibilities in the individual Länder are laid down by statutory 
regulations issued by the respective Land Government. 

As  regards  the  independence  of  the  regulatory  authority,  Germany  indicated  that  at  Federal 
level,  all  decisions  relating  to  nuclear  safety  are  made  by  the  BMUB  while  the  Federal 
Ministry for Economic Affairs and Energy is responsible for energy policy, thus guaranteeing 
a clear delineation. Germany also stated that at Länder level, the separation principle is taken 
into  account  by  the  organisational  precautions  taken  by  the  individual  Länder.  Effective 
separation  of  the  bodies  responsible  for  regulation  and  licensing  from  other  bodies  that  are 
concerned  with  the  economic  interests  relating  to  the  peaceful  use  of  nuclear  energy 
guarantees that different ministries are responsible for the respective tasks. It is also reported 
that the BMUB monitors the legality and fitness for purpose of the administrative actions of 
the competent Länder authorities.  

According to the Federal Budget, the BMUB has access to approximately €23 million a year 
for studies in the field of reactor safety. Additional budget resources are also used to finance 
the activities of the advisory committees and to cover the cost of external experts participating 
in international cooperation work.  

As  a  general  rule,  charges  are  made  for  issuing  licences  for  nuclear  installations  and  for 
regulatory activities by the Länder. The costs are paid to the General Treasury Department in 
the Land in question by the licence holder. 

Licence holders obligations 

The AtG stipulates that the holder of the licence for the nuclear installation is responsible for 
nuclear safety and that this responsibility cannot be delegated. 

Under  the  terms  of  the  licence,  the  licence  holder  is  legally  obliged  to  prove  by  regular 
periodic  inspections  that  plant  features  which  are  important  for  the  safety  of  the  plant  and 
safety and barrier functions are in place and that the quality and effectiveness of safety-related 
measures  and  equipment  is  guaranteed.  In  addition,  in  accordance  with  the  AtG, 
comprehensive safety reviews are performed periodically, on a ten-yearly basis, in operational 
commercial nuclear power plants. 

Pursuant  to  the  AtG,  the  necessary  precautions  to  prevent  damage  during  construction  and 
operation of nuclear installations must be taken in the light of the state of the art in science 
and technology. In the case of damage precautions, this entails the concept of graduated safety 
precautions  on  the  basis  of  the  defence  in  depth  concept.  Beyond  preventive  measures, 
mitigating actions are also provided for.  

The  AtG  as  well  as  implementing  regulation  require  the  operator  to  set  up  and  apply  a 
management system granting due priority to nuclear safety.  

17 

 
As  regards  the  necessary  resources  of  the  operator,  according  to  the  AtG,  a  licence  to 
construct,  operate  or  make  a  substantial  modification  to  a  nuclear  power  plant  may  only  be 
granted  if  there  are  no  doubts  as  to  the  reliability  of  the  applicant  which  includes  the 
necessary financial standing and economic credibility of the applicant. 

According to the AtG, the operator is required to provide and maintain permanent appropriate 
financial  and  staff  resources  to  fulfil  its  obligations  concerning  nuclear  safety  of  a  nuclear 
installation. 

Expertise and skills in nuclear safety 

In accordance with the AtG, the plant operator must prove to the licensing authority that he 
permanently  maintains  an  adequate  number  of  qualified  staff  to  operate  his  plant  and  is 
required to train his staff. 

Germany reported that, as far as the regulatory authority is concerned, in addition to the safety 
regulators’  in-house  official  training  and  further  training  programme  offered  by  the  Federal 
Academy  for  Public  Administration,  the  safety  regulators’  staff  has  access  to  the  same 
training opportunities as the plant operating staff, as a general rule. 

Information to the public 

Among  the  public  information  activities  performed  by  the  BMUB,  it  is  reported  that  the 
Federal  regulatory  authority  informs  the  general  public  in  all  matters  relating  to  developing 
national, international regulations and risks. It is stated in the report that the draft regulations 
are  published  in  the  Federal  Gazette,  along  with  a  timescale  for  comments.  All  laws, 
regulations and the entire set of subordinate nuclear regulations can be accessed by the public 
on-line or by publication in the Federal Gazette. The Safety Requirements for Nuclear Power 
Plants are also published in English along with regulations. 

Germany reported having made its report publicly available, although this was not requested. 

International peer review of the national framework 

Germany hosted an IRRS in 2008.  

2.12. 

Greece 

Greece has no nuclear power reactor but one research reactor which is shutdown. 

Legislative, regulatory and organisational framework 

Presidential Decree 60/03.05.2012 ("PD 60") is the legislative document of the highest level 
for  nuclear  safety  of  nuclear  installations.  A  Ministerial  Decision  on  “Basic  requirements-
principled  of  nuclear  safety  and  regulatory  supervision  of  research  reactors”  was  issued  in 
October 2012 to specify the safety requirements, and the licensing and regulatory supervision 
system for research reactors.  

On the basis of PD 60, the Greek Atomic Energy Commission (EEAE) is responsible for the 
implementation  of  the  licensing  systems  for  nuclear  installations  and  for  the  prohibition  of 

18 

 
 
operation without a licence. EEAE has the authority to modify, revoke or suspend a licence or 
make  a  relevant  proposal  to  the  Minister.  It  is  responsible  for  proposing  actions  for 
maintaining and improving the national framework for nuclear safety of nuclear installations. 

The competent regulatory authority 

The  jurisdiction  for  EEAE  Board  appointment  is  given  to  the  Minister  of  Education. 
Nevertheless,  it  is  reported  that  EEAE  is  an  autonomous  public  organisation,  with  no 
supervision by this Minister on its regulatory decisions.  

It is explicitly stated in PD 60 that EEAE shall be functionally separated from any other body 
or  organisation  concerned  with  the  promotion  or  utilisation  of  nuclear  energy,  including 
electricity production. 

According to PD 60, EEAE has legal powers and human and financial resources necessary to 
fulfil its responsibilities. The staff of EEAE is currently 74.  

EEAE is financially supported by two sources: the governmental budget and a special account 
whose revenues come from fees, provision of services and research projects. 

Licence holders obligations 

According to PD 60: 

• 

• 

the  prime  responsibility  for  nuclear  safety  of  a  nuclear  installation  rests  with  the 
licence holder and this responsibility cannot be delegated; 
that licence holders, under the supervision of EEAE, shall assess and verify regularly, 
and continuously improve the nuclear safety or their installations, in a systematic and 
verifiable manner; 

•  Licence  holders  of  nuclear  installation  shall  establish  and  implement  a  management 

• 

system that gives priority to safety; 
licence  holders  of  nuclear  installations  shall  maintain  adequate  human  and  financial 
resources. 

Expertise and skills in nuclear safety 

Greece reported that the requirements regarding expertise and skills of research reactor staff 
are  included  in  the  legislation.  It  is  also  required  that  EEAE  shall  have  the  human  and 
financial resources required to fulfil its responsibilities in relation to nuclear safety. 

Information to the public 

Pursuant to PD 60, EEAE provides information on nuclear safety issues to the workers and 
the public.  

EEAE has established communication mechanisms, in order to inform interested parties about 
its decisions and actions. The language mainly used for all kinds of information activities is 
Greek. However, information is available also in English. 

19 

 
International peer review of the national framework 

An IRRS mission was conducted in Greece in 2012.  

2.13. 

Hungary 

Hungary has 4 nuclear power reactors, a research reactor and a training reactor. 

The Government of Hungary and the Government of the Russian Federation have entered into 
an agreement on cooperation in the maintenance and development of the capacity of the Paks 
power plant, including the design, construction, commissioning and decommissioning of two 
new units to replace the capacities of Units 1 to 4 to be shut down in the future. 

Legislative, regulatory and organisational framework 

Nuclear energy is regulated on the basis of Act CXVI of 1996 on atomic energy (the "Act") as 
well  as  Government  Decree  112/2011  (VII.  4)  on  the  scope  of  activities  of  the  Hungarian 
Atomic  Energy  Authority  (HAEA)  and  Governmental  Decree  118/2011  (VII.11.)  on  the 
nuclear safety requirements for nuclear facilities and the procedures of the HAEA in nuclear 
safety regulatory matters.  

Pursuant  to  the  legislation  in  force,  regulatory  licences  are  required  for  all  phases  of  the 
service life of the nuclear power plant. 

The Act allows the nuclear energy supervisory body to oblige the licence holder to pay a fine 
for  infringing  any  legislation  or  safety  regulation  and  for  failing  to  comply  with  the 
specifications of standards obligatorily applicable on the basis of the orders of the authority or 
an individual regulatory licence issued on the basis of the foregoing. 

taking 

into  consideration  state-of-the-art  science  and 

The  Act  makes  it  mandatory  to  regularly  review  and  update  the  legislation  and  the  safety 
requirements, 
technology  and 
international  experiences.  Moreover,  pursuant  to  Government  Decree  118/2011,  nuclear 
safety codes shall be reviewed at least every five years and shall be updated, as required, by 
taking  into  consideration  scientific  results  and  domestic  and  international  experience.  The 
guidelines  shall  be  reviewed  at the  intervals  specified  by  the  nuclear  safety  authority  or,  on 
the recommendation of the licence holders, urgently. 

The competent regulatory authority 

The nuclear safety regulator in Hungary is the Hungarian Atomic Energy Authority (HAEA), 
which is a government office whose responsibilities are specified in the Act and Government 
Decree 112/2011. 

The  Minister  for  National  Development  oversees  the  lawfulness  of  the  operations  of  the 
HAEA. However, Hungary reported that, on the merits, the decisions of the HAEA may not 
be altered by any supervisory powers. The head of HAEA is appointed by the Prime Minister. 

As regards resources, the actual HAEA staff dealing with nuclear installation is 40, while the 
total HAEA headcount permitted by Government is 80.  

20 

 
 
Supervisory fees account for the greatest part of the revenues of the HAEA, which are paid by 
nuclear installations being established and operated. 

Licence holders obligations 

The  Atomic  Energy  Act  makes  the  licence  holder  primarily  responsible  for  the  safe 
application of nuclear energy and the fulfilment of safety requirements. 

Pursuant  to  the  Act,  the  licence  holder  has  to  comprehensively  analyse  and  evaluate  the 
nuclear safety of its nuclear installation. 

Periodic Safety Review have to be carried out every 10 years. 

Pursuant to the Act, the user of nuclear energy is obliged to use its best endeavours to prevent 
nuclear or radiation accidents and to mitigate their consequences. The release of radioactive 
materials or radiation into the environment has to be avoided by applying defence in depth, 
and it has to be ensured that accidents resulting in significant radiation damage as a result of 
failures or their combination can occur only with an appropriately low probability. 

As stated in Government Decree 118/2011, in order to maintain defence in depth, the licence 
holder  shall  operate  an  efficient  management  system.  Its  management  shall  be  firmly 
committed to nuclear safety and to maintaining a strong safety culture.  

As regards its resources, on the basis of the Act, the licence holder is obliged to provide the 
technical, technological and personal conditions for the safe application of nuclear energy and 
the  maintenance  and  development  of  safety  and  to  continuously  monitor  the  radiation 
conditions  in  accordance  with  the  latest  verified  results  of  science  and  international 
requirements and experience. 

Expertise and skills in nuclear safety 

The  statutory  background  for  the  training  requirements  of  the  personnel  of  nuclear 
installations is provided by the Atomic Energy Act, Government Decree 118/2011 and Decree 
55/2012  of  the  Minister  for  National  Development  on  special  professional  and  in-service 
training of employees of nuclear installations. 

Hungary reported on the establishment of a system of safety indicators to measure, inter alia, 
the  performance  of  the  human  and  organisational  factors  in  nuclear  safety  as  well  as  the 
existence of a maintenance practise centre which include full scale main primary equipment 
as well as training mock-ups. 

Information to the public 

As  indicated  by  Hungary,  the  purpose  of  the  information  activities  of  the  HAEA  is  to 
facilitate  and  ensure  the  accurate  and  quick  provision  of  information  to  the  public  and 
accessibility to the data of public interest. 

The  2013  amendment  of  the  Atomic  Energy  Act  prescribes  that  the  authority  is  obliged  to 
hold public hearings in connection with all licensing procedures described in the Act.  

International peer review of the national framework 

An IRRS mission is planned in Hungary in May 2015. 

21 

 
2.14. 

Ireland 

Ireland does not have any nuclear reactor. 

The main legislative framework governing nuclear safety and radiation protection in Ireland is 
the Radiological Protection Act 1991, as amended by Section 26 of the Energy Act, 1995 and 
by the Radiological Protection Act 2002. 

Ireland reported that the Radiological Protection Institute of Ireland (RPII) is an independent 
public  body  under  the  aegis  of  the  Department  of  Environment,  Community  and  Local 
Government. It was established by the Radiological Protection Act 1991 which assigned it a 
range  of  functions,  including  to  carry  out  a  licensing  system  relating  to  the  custody,  use, 
manufacture,  importation,  distribution,  transportation,  exportation  or  other  disposal  of 
radioactive substances, nuclear devices or irradiating apparatus. The Radiological Protection 
Bill 2014 provides for the dissolution of the Radiological Protection Institute of Ireland, RPII, 
and the transfer of its functions to the Environmental Protection Agency. 

The  RPII’s  income  is  made  up  of  a  grant  from  the  Exchequer  and  earnings  from  licence 
charges and commercial measurement services.  

Under the Radiological Protection Act, 1991, the RPII is required to provide information to 
the public on any matters relating to radiological safety which the Institute deems fit. 

Ireland requested an IRRS of its regulatory framework for August 2015.  

2.15. 

Italy 

Italy has 4 nuclear power reactors in decommissioning or pre-decommissioning phase. Italy 
has also 5 research reactors in operation, one under decommissioning and 3 ones shut down 
without  fuel.  It  has  also  nuclear  fuel  fabrication  as  well  as  reprocessing  facilities  in 
decommissioning or pre-decommissioning phase. 

Legislative, regulatory and organisational framework 

The  requirements  on  nuclear  safety  are  notably  established  in  Act  n°  1860/1962  and  in 
Legislative Decree n° 230/1995 and subsequent  amendments, notably Legislative  Decree n° 
185/2011. 

Act  n°  1860/1962  establishes  that  the  operation  of  nuclear  installations  is  authorised  by  the 
Minister of Industry (now Minister of Economic Development).  

As  regards  the  current  status  of  most  of  the  nuclear  installations,  the  decommissioning 
licensing procedure is described in Legislative Decree n° 230/1995. The decommissioning of 
a  nuclear  installation  is  subject  to  prior  authorisation  by  the  Minister  of  Economic 
Development  in  accordance  with  Minister  of  Environment,  Land  and  Sea  Protection  (from 
now on Minister of Environment), Minister of Interior, Minister of Labour and Social Policy, 
Minister of Health and the Region concerned, as well as relevant local authorities. 

22 

 
 
 
Italy reported that during the nuclear installations lifetime, regulatory inspections on the sites 
are regularly conducted, aiming at verifying compliance with rules established in Legislative 
Decree  n°  230/1995  and  with  technical  specifications  and  conditions  which  are  part  of  the 
licence. 

Enforcement of applicable regulations and of licence conditions is ensured on the basis of the 
sanction system as established by Act n° 1860/1962 and Legislative Decree n° 230/1995. 

As indicated by Italy, Legislative Decree n° 230/1995 defines the procedure for the issue of 
further  decrees  that  are  required  for  updating  the  conditions  of  applicability  of  the  same 
decree, 
the  directives  and 
recommendations of the European Union. 

technical  developments  and 

into  account 

taking 

the 

The competent regulatory authority 

ISPRA is the competent regulatory authority for technical regulation, control and supervision 
in the field of nuclear safety of nuclear installations. 

A new competent regulatory authority in the field of nuclear safety and radiation protection, 
named National Inspectorate for Nuclear Safety and Radiation Protection (ISIN), to be set up 
based  upon  structures  of  Nuclear  Department  of  ISPRA,  was  established  by  the  Legislative 
Decree  n°  45/2014.  This  Decree  states  that  ISIN  will  have  regulatory,  managerial  and 
administrative autonomy and will be independent from any entity involved in the promotion 
or utilisation of nuclear energy and not subject to the supervision of any minister. 

The  financial  resources  for  ISIN  ordinary  activities  will  consist  of  the  resources  currently 
allocated  to  the  Nuclear,  Technological  and  Industrial  Risk  Department  of  ISPRA,  and 
resources arising from the fees that the ISIN is authorised to collect from the licence holders.  

As  regards  human  resources,  Italy  underlined  that  particular  attention  will  be  given  on  the 
recruitment  of  new  personnel,  also  to  cope  with  the  personnel  retirements  and  the  expected 
increase  of  regulatory  activity  on  spent  fuel  and  radioactive  waste  management  as  well  as 
decommissioning. 

Licence holders obligations 

Legislative  Decree  n°  230/1995,  as  amended  by  Legislative  Decree  n°  185/2011,  made 
explicit  that  the  holder  of  a  licence  has  the  prime  responsibility  for  the  safety  of  nuclear 
installations and that this responsibility cannot be delegated. 

Legislative  Decree  n°  230/1995  and  subsequent  amendments  requires  that  licence  holders 
regularly assess and verify the nuclear safety of existing installations. A systematic review of 
the plant status, with regard to nuclear safety, is requested to be provided in the application 
for the decommissioning licence. For research reactors a periodic review is foreseen every 5 
years. 

Emergency  planning  at  nuclear  installations  is  regulated  by  Legislative  Decree  n°  230/1995 
and subsequent amendments. 

The principle of priority to safety is addressed in the Legislative Decree n° 185/2011. 

23 

 
On  the  basis  of  Act  n°  1860/1962,  Italian  legislation  required  that  the  applicant  for  an 
authorisation  related  to  a  nuclear  installation  must  demonstrate  adequate  technical  and 
financial  capacity.    Legislative  Decree  n°  230/1995  set  up  specific  requirements  for  the 
licence  holder  to  provide  adequate  financial  and  human  resources  in  order  to  properly 
discharge  its  responsibility  for  safety.  Italy  indicated  that,  as  all  Italian  nuclear  installations 
are public owned or financed, the financial resources to fulfil the nuclear safety requirements 
are guaranteed by the State. 

Expertise and skills in nuclear safety 

Legislative  Decree  n°  230/1995  sets  up  requirements  for  the  licence  holder  to  maintain  and 
enhance  the  experience  and  expertise  of  its  staff  who  have  responsibility  in  the  field  of 
nuclear safety and in the management of spent fuel and radioactive waste, through appropriate 
trainings.   

Information to the public 

Pursuant to Legislative Decree March n° 230/1995, the competent regulatory authority takes 
the necessary actions to make available to the general public and workers information on the 
regulation of nuclear safety and provides to publish on its website the results of its performed 
regulatory  activity  and  all  useful  information  in  its  fields  of  competence.  For  instance,  the 
Minister  of  Environment  has  developed  a  dedicated  portal  on  Environmental  Impact 
Assessments, also available in English. 

In addition, Italy reported that information is regularly provided to stakeholders in the context 
of periodic public meeting (Transparency Tables) organised by the Regions concerned. 

International peer review of the national framework 

An IRRS mission is foreseen to be carried out in 2016. 

2.16. 

Latvia 

Latvia  has  no  nuclear  power  reactor  but  has  a  research  reactor,  which  is  under 
decommissioning. 

Legislative, regulatory and organisational framework 

In  2000,  the  Law  on  Radiation  Safety  and  Nuclear  Safety  (the  "Law")  establishing  a 
regulatory framework in the field of radiation safety and nuclear safety was adopted. On the 
basis of the Law, Cabinet regulations have been issued which establish a general legislative 
and institutional framework in the field of radiation safety and nuclear safety.  

The Law, inter alia, stipulates the powers of the regulatory authority to ban operations with 
sources of ionising radiation if the legal provisions in the field of radiation safety and nuclear 
safety are violated.  

The competent regulatory authority 

24 

 
 
Pursuant to the Law, in 2001, the Radiation Safety Centre (the "Centre") was established as 
the regulatory authority in the field of radiation safety and nuclear safety.  

After the amendments of 12 June 2009 to the Law and the Cabinet of Ministers Order No 339 
of  28 May  2009,  the  Centre  has  been  included,  as  of  1 July  2009,  in  the  organisational 
structure of the State Environmental Service, an administration under the supervision of the 
Ministry of Environmental Protection and Regional Development. 

The Centre’s budget consists of a grant from the State budget funds. 
In the report submitted to the Commission, it is indicated that "Latvia’s priority is to solve the 
issue of the liquidation of the Salaspils Nuclear Reactor, as well as to solve issues related to 
the involvement of qualified employees, increasing financial resources and capacity building 
of the Centre". 

Licence holders' obligations, expertise and skills in nuclear safety 

Latvia reported that the operator’s responsibility is stipulated in the Law.  

Pursuant  to  Cabinet  Regulation  No 723  and  Cabinet  Regulation  No 149  of  9 April  2002,  in 
order  to  obtain  a  licence,  an  operator  has  to  develop  a  quality  assurance  programme  for 
radiation  safety  and  nuclear  safety.  Pursuant  to  Cabinet  Regulation  No 149,  in  order  to 
implement  the  requirements  laid  down  in  the  quality  assurance  programme,  the  operator 
provides  for  the  necessary  financial  resources  for  taking  protection  measures  and  regularly 
performs inventory of the material resources, and ensures regular training of its employees. 

Requirements regarding expertise and skills in nuclear safety are stipulated in the Law and the 
Cabinet regulations arising from the Law. 

Information to the public 

The Law stipulates requirements for the provision of information. 

Latvia  reported  on  information  activities,  stressing  that  special  attention  is  paid  to  the 
population living in the vicinity of an installation. 

Pursuant to the above-mentioned Cabinet of Ministers Regulations No 149, the Centre must 
promote the education of residents in relation with radiation safety and nuclear safety issues 
and  distribute  information  on  the  latest  findings  in  the  field  of  radiation  safety  and  nuclear 
safety. 

2.17. 

Lithuania 

Lithuania  has  2  nuclear  power  reactors  which  are  both  closed.  Decontamination  and 
dismantling activities are in progress. 

There  is  also  a  waste  storage  facility  which  was  closed  in  1989  and  is  under  a  post-closure 
surveillance licence. 

In  the  vicinity  of  the  plant,  there  is  an  interim  spent  nuclear  fuel  storage  facility  and  a 
cemented  radioactive  waste  storage  facility.  Facilities  for  spent  fuel  storage,  treatment  of 
waste and waste repository are under implementation. 

25 

 
 
Proceedings for the construction of a new nuclear power plant are on -going. 

Legislative, regulatory and organisational framework 

The main legal documents associated with nuclear safety in Lithuania are the Law on Nuclear 
Energy and the Law on Nuclear Safety.  

These  laws  establish  the  licensing  system  for  activities  related  to  nuclear  safety  of  nuclear 
installations.  

The  Law  on  Nuclear  Safety  mandates  the  regulatory  authority  to  set  basic  nuclear  safety 
requirements,  entrusts  it  with  supervision  functions  and  empowers  it  to  impose  following 
administrative enforcement measures. This law mandates the regulator to create, maintain and 
improve the State regulatory and supervision system for nuclear safety, including preparation 
of relevant nuclear safety requirements.  

Lithuania  underlined  that  when  drafting  nuclear  safety  requirements,  advanced  practice  of 
foreign  countries,  recommendations  of  IAEA  and  other  international  organisations  or 
institutions are taken into account. 

The competent regulatory authority 

The State Nuclear Power Safety Inspectorate (VATESI) regulates nuclear safety. 

Lithuania  indicated  that  the  national  legislation  provides  clear  division  between  the 
responsibilities  and  functions  of  VATESI  and  those  organisations  or  bodies  engaged  in 
development or promotion of the nuclear energy or use of nuclear energy. 

As  reported,  VATESI  acts  as  independent  governmental  institution  subordinated  directly  to 
the President and the Government.  

Pursuant  to  the  Law  on  Nuclear  Energy,  the  Head  and  Deputy  Heads  of  VATESI  in  their 
official capacity shall act independently from the persons engaged in activities in the field of 
the  nuclear  energy  sector,  also  from  other  agencies,  institutions  or  organisations  engaged  in 
expansion of the nuclear energy or use of nuclear energy, including generation of electricity. 

VATESI  has  72  full-time  staff  positions  approved  by  the  Government  of  Lithuania,  68  of 
these 72 positions being occupied. 

According to the Law on Nuclear Energy, VATESI activities are financed by the Lithuanian 
State budget appropriations and other income. 

Licence holders obligations 

The Law on Nuclear Safety: 

•  states that full responsibility for the nuclear safety of a nuclear installation shall solely 

fall on licence holders; 

•  contains  the  legal  provisions  to  perform  systematic  safety  assessments  within  the 
licensing  process  for  different  stages  in  the  lifetime  of  the  nuclear  installation.  The 
licence holder is required, at least every ten years, to perform periodic safety review 
and prepare a report to be submitted to the VATESI for review and assessment; 

26 

 
•  along  with  the  law  on  nuclear  energy,  establishes  the  general  requirements  for  the 
responsibility  of  the  licence  holder  in  the  area  of  the  prevention  of  accidents  and 
mitigation of their consequences; 

• 

•  provides that effective administration and management with the view to secure safety 
shall be maintained by all persons related to the activities of nuclear installations; 
imposes a requirement that organisations operating nuclear installations must have the 
material, financial and human resources that are sufficient for ensure nuclear safety in 
compliance with the legal acts and technical standard documents of nuclear safety. As 
regards the Ignalina decommissioning programme, which was created under the Act of 
Accession  of  Lithuania  into  the  EU,  Lithuania  recalled  that  it  is  financed  by  the 
European Union budget.  

Expertise and skills in nuclear safety 

Lithuania reported that the National Energy Strategy of 2007 provided that "It is necessary to 
draft  a  national  programme  for  the  training  of  energy  specialists  […].  When  drafting  and 
implementing  this  programme,  national  priority  has  to  be  given  to  ensuring  the  timely 
preparation of specialists for work in the new nuclear power plant." Accordingly, the Ministry 
of Education and Science of Lithuania is responsible for the implementation of The National 
Training Programme of Qualified Specialists in Nuclear Energy for 2008–2015. 

Information to the public 

Pursuant to the Law on Provision of Information to the Public and other legal acts, VATESI 
and the licence holders must inform both the State and municipal institutions and the general 
public as well as stakeholders about nuclear safety. 

Lithuania  indicated  that  up  to  date  information  is  provided  in  Lithuanian  and  English 
languages on VATESI's website. 

International peer review of the national framework 

Pursuant to the Law on Nuclear Safety, the Government shall organise, with a frequency no 
less than every 10 years, regular evaluations of the legal regulatory system of nuclear safety 
and  the  activities  of  the  competent  regulatory  authorities,  and  shall  ask  to  perform  an 
international  expert-level  evaluation  of  the  legal  regulatory  system.  On  this  basis,  VATESI 
informed the IAEA about its commitment to accept an IRRS mission in 2016. 

2.18. 

Luxembourg 

Luxembourg has no nuclear power reactor, no research reactor and no other nuclear facility. 
In 1963, a framework law was enacted on the Protection of the Public Against the Hazards of 
Ionising  Radiation,  last  amended  in  1995.  It  is  the  legal  basis  for  executive  regulations 
concerning  all  types  of  uses  of  ionising  radiation  emitting  products.  It  sets  out  the  basic 
principles regarding radiation protection and nuclear safety, defines competences for ad-hoc 
decisions in a radiological or nuclear emergency situation and sets the frame for enforcement. 

The  Department  of  radiation  protection  (DRP)  within  the  Directorate  of  Health  of  the 
Ministry of Health is the acting regulatory body charged with the protection of the population 
against the hazards of ionising and non-ionising radiation, as well as with nuclear safety. Its 

27 

 
 
missions are defined in the law of 21 November 1980 on the organisation of the Directorate of 
Health. Luxembourg stressed that the Ministry of Health is not involved in any energy policy 
activities,  which  fall  under  the  competence  of  the  Directorate  of  Energy  of  the  Minister  of 
Economy.  

In  the  Luxembourgish  report,  information  can  be  found  on  transparency  and  information 
measures in the context of Emergency Preparedness. Indeed, Luxembourg has several NPPs 
located at less than 100 km from its border: France's Cattenom NPP (8,5 km) and Chooz NPP 
(70 km), Belgium's Tihange NPP (65 km). 

Luxembourg  reported  that,  through  amending  regulatory  act  of  14  December  2000,  new 
obligations were introduced on: 

• 

• 

the  obligation  to  organise  every  10  years  at  least  a  self-assessment  in  order  verify 
whether 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. The result of the auto-evaluation shall be published. 
the  obligation  to  invite  every  10  years  at  least  an  international  peer  review  of  the 
competent regulatory authority, the relevant segments of the national framework and 
national emergency preparedness arrangements. Outcomes of any peer review shall be 
reported to the Member States, the Commission and the public, when available. 

Luxembourg has tentatively scheduled its first IRRS mission for 2018.  

2.19. 

Malta 

Malta does not operate or plans to operate, any nuclear reactor. 

The  regulatory  system  governing  the  issues  covered  by  the  Directive  is  included  within  the 
Nuclear Safety and Radiation Protection Regulations 2003.  

The  regulatory  authority  for  Malta  is  the  Radiation  Protection  Board  (RPB)  which  was 
created  by  a  Legal  Notice  44  of  2003.  The  RPB  is  an  inter-ministerial  body  with 
representatives  from  Health,  Environmental,  Occupational  Health  and  Safety,  and  Civil 
Protection agencies. 

Malta  said  that  the  RPB  is  constantly  looking  to  enhance  its  effectiveness  and  is  currently 
preparing for an IRRS mission in 2015. 

2.20. 

The Netherlands 

There  is  one  operating  nuclear  power  reactor  in  the  Netherlands,  one  power  reactor  under 
decommissioning,  2  operating  research  reactors,  one  research  reactor  preparing  for 
decommissioning and an enrichment plant. 

Legislative, regulatory and organisational framework 

28 

 
 
 
The Nuclear Energy Act is the main legal instrument regulating the use of nuclear energy. It 
is a framework law, which sets out the basic rules  on the application of nuclear technology 
and materials, makes provisions for radiation protection, designates the competent authorities 
and  outlines  their  responsibilities.  Subordinate  to  this  act,  a  number  of  Decrees  contain 
additional regulations which continue to be updated in the light of ongoing developments. At 
a  lower  level  there  are  the  Ordinances  which  can  be  issued  by  the  minister  responsible  for 
conducting the regulatory process under the Nuclear Energy Act.  

The Nuclear Energy Act stipulates that a licence must be obtained to construct, commission, 
operate, modify or decommission a NPP.  

In  the  event  of  deviation  from  or  non-compliance  with  the  regulatory  conditions  and 
requirements, enforcement actions could lead to shutting down the nuclear installation and/or 
revoking the licence. Reporting to the public prosecutor is also foreseen. 

The  Netherlands  said  that  current  practice  provides  for  periodic  review  of  the  expertise  and 
effectiveness of the authorities in performing their duties and associated follow-up actions to 
guarantee the national framework remains effective. 

The competent regulatory authority 

At  present  responsibilities  and  tasks  of  the  Regulatory  Body  (RB)  are  spread  over  several 
organisations and ministries. However, the report mentions a very significant reorganisation 
of  the  competent  regulatory  authority  to  come.  This  new  organisation  is  said  to  be 
implemented  at  the  beginning  of  2015  and  consists  mainly  of  bringing  together  existing 
entities  under  different  ministries  into  one  single  independent  organisation.  About  one  year 
later the final legal formalities should be completed. 

The new RB will be an Independent Administrative Authority, and will be positioned at the 
ministry of Infrastructure and the Environment. 

This new RB, which will be responsible for regulating nuclear safety and radiation protection, 
will have a staff of about 150 and will optimally unite and utilise the expertise and experience 
available  within  the  various  entities  that  currently  constitute  the  RB,  and  exercise  all  of  its 
regulatory functions.  

Licence holders obligations 

The  Nuclear  Energy  Act  states  that  a  licence  issued  pursuant  to  this  Act  is  personal  to  the 
holder who is responsible for the safety requirements related to the licence of the installation. 

An  ordinance  of  2011  prescribes  the  systematic  evaluation  and  investigation  of  the  nuclear 
safety of nuclear installations during their operating life.  

Licence  holders  are  expected  to  establish  and  maintain  their  management  systems  with 
priority  to  safety.  They  are  also  required  to  analyze  their  operating  experience  (including 
installations  and  findings  of  research  programmes 
incidents)  and 
systematically. The lessons learnt may result in modifications in installations, procedures or 
the organisation of the licence holder. 

those  of  other 

The Netherlands reported that since about 20 years, one of the conditions of the licence is that 
the  safety  of  the  nuclear  installation  is  to  be  periodically  reviewed  in  the  light  of  operating 

29 

 
experience and new safety insights. A review of operational safety aspects must be performed 
once  every  two  years,  while  a  more  comprehensive  safety  review  must  be  conducted  once 
every 10 years.  

The  safety  assessments  that  have  to  be  performed  and  documented  with  the  licence 
application  and  the  criteria  which  have  to  be  met  are  prescribed  by  law.  The  prescribed 
analyses extend to the assessment of severe accidents. 

Licence  holders  are  required  to  establish  a  management  system  where  priority  to  safety  is 
paramount.  

The Nuclear Energy Act contains requirements related to financial solvability. 

The Act states that an application for a licence must contain an estimate of the total number of 
employees  plus  details  of  their  tasks  and  responsibilities,  and,  where  applicable,  their 
qualifications.  The  RB  can  verify  whether  the  licence  holder  has  sufficient  financial  and 
human resources.  

Expertise and skills in nuclear safety 

Education and training programmes are required to guarantee adequate qualification of staff 
working in the nuclear installation. 

The  nuclear  power  plant  of  the  Netherlands  has  a  training  department  responsible  for 
maintaining  the  personnel  qualification  register,  qualification  activities,  coordination  of 
training  activities,  training  records  keeping  and  delivering  of  in-house  developed  training 
courses as well as organising training courses that are delivered by contractors.  

The  Netherlands  indicated  that  the  RB  provides  tailor-made  training  for  its  staff  and 
mentioned international workshops, but also conferences and visits to other regulatory bodies, 
in addition to information exchange through international organisations and associations. 

Information to the public 

Information in relation to the regulation of nuclear safety is made available to the workers and 
the general public in various ways. Information targeted at informed groups and peers in other 
countries is mainly published in English, usually with a summary in Dutch. 

The  different  entities  of  the  RB  have  strategies  for  external  communication.  However,  in 
preparing  for  the  new  organisation  that  will  bring  together  the  various  entities  of  the  RB,  a 
new integrated strategy will be developed. 

International peer review of the national framework 

Netherlands said that an IRRS mission was organised in November 2014.  

30 

 
2.21. 

Poland 

At the moment, Poland has no nuclear power reactor but has an operating research reactor and 
another one under decommissioning. 

The introduction of nuclear electricity generation was decided by the Government. The first 
nuclear unit is set to start by the end of 2024 and the second unit by the end of 2035. 

Legislative, regulatory and organisational framework 

The  main  legislative  act  in  the  field  of  nuclear  safety  is  the  Act  of  29  November  2000  (the 
“ALA”), which sets out the basic rules on the application of nuclear technology and materials, 
designates  the  competent  authorities  and  outlines  their  responsibilities.  The  ALA  has  been 
amended several times in the recent years, lastly in 2014. The ALA is supported by over 40 
implementing acts. 

The  licensing  system  is  based  on  provisions  of  the  ALA.  Construction,  commissioning, 
operation and decommissioning of nuclear facilities are not allowed without licence.  

Supervision and inspection of nuclear facilities is executed by the regulatory authority. 

The  ALA  defines  the  enforcement  system.  As  a  result  of  findings  identified  during 
inspections, different types of enforcement actions can be undertaken by the regulatory body 
including suspension, modification or revocation of a licence.  

Poland  reported  that  the  sources  of  information  relevant  for  updating  the  system  of 
regulations  and  guides  include  international  safety  standards,  international  cooperation  and 
the revision of the reference levels adopted by WENRA. For example, pursuant to the ALA, 
applicable  guidelines  of  the  IAEA  and  WENRA  shall  be  considered  by  the  Council  of 
Ministers  while  establishing  requirements  for  commissioning  and  operation  of  nuclear 
facilities.  Poland  also  indicated  that  the  continuous  improvement  of  the  functions  of  the 
regulatory  authority  is  based  on  internal  and  external  assessments  (self-assessments  or  staff 
surveys) and external assessments. 

The competent regulatory authority 

The regulatory authority responsible for nuclear safety is the National Atomic Energy Agency 
(PAA). The PAA President is appointed for an indefinite period of time by the Prime Minister 
while its administrative supervision is provided by the Minister of Environment. 

The  PAA  President  exercises  its  powers  without  needing  the  approval  of  a  minister  or 
referring  to  any  body  of  State  administration.  No  organ  can  supervise  PAA  President 
regulatory decisions except for the Administrative Courts of Law.  

Poland indicated that the needs for recruitment and training of the staff were identified, so that 
PAA could meet the requirements of a nuclear regulatory body posed by the programme for 
nuclear  power.  An  analysis  has  been  performed  with  regard  to  necessary  organisational 
changes and development of the staff. On the basis of this analysis the plans and costs of the 
staff development have been identified. 

31 

 
 
PAA is funded directly from the State budget. Although companies are charged for the costs 
of regulatory oversight, these costs are remitted to the State rather than PAA.  

Licence holders obligations 

Pursuant to the ALA, construction, commissioning, operation or decommissioning of nuclear 
facilities  cannot  be  conducted  by  an  organisational  entity  which  fails  to  comply  with  the 
requirements concerning, inter alia, nuclear safety and radiological protection.  

Further responsibilities of licence holders are provided through the Regulation of the Council 
of  Ministers  of  11  February  2013  on  requirements  for  the  commissioning  and  operation  of 
nuclear facilities. The licence holder is required to conduct systematic analyses with regard to 
operating  experience,  development  of  international  safety  requirements,  technological 
developments  and  new  knowledge,  and  conclusions  from  these  analyses  shall  be  used  to 
improve the safety state of the nuclear facility. 

Licence  holders  are  also  required  to  have  a  management  system  which  includes  a  quality 
assurance programme.  

According  to  the  ALA,  the  licence  for  nuclear  activities  shall  only  be  granted  to  an 
organisational entity which has sufficient funding to cover the costs of nuclear safety at the 
subsequent stages of the nuclear facility operation, until the facility is decommissioned. PAA 
will  be  assessing  financial  provisions  with  other  documentation  required  in  the  licensing 
process. 

Furthermore, the ALA provides for a system of financing the costs of the spent nuclear fuel 
and  radioactive  waste  disposal  and  the  costs  of  nuclear  power  plant  decommissioning.  The 
licence  holder  shall  make  quarterly  payments  to  a  “decommissioning  fund”,  with  dedicated 
bank account assigned to the fund.  

Expertise and skills in nuclear safety 

Poland indicated that PAA is actively recruiting and training new staff to prepare itself to the 
regulatory role in the nuclear power programme, mentioning agreements on cooperation with 
between PAA and several foreign regulatory authorities. 

The  requirements  concerning  competence  of  the  staff  of  the  operator  are  specified  in  the 
ALA.  

Information to the public 

Among  the  description  of  various  information  activities,  Poland  reported  that  in  2014,  the 
PAA’s document “National Atomic Energy Agency (PAA) Communication Strategy for the 
years  2014-2018”  entered  into  force.  It  contains  communication  plans  until  2018.  This 
strategy include implementing several activities such as: organising workshops for journalists 
and local authorities, conducting debates on nuclear safety in the media, holding regular press 
briefings, cooperating with universities. 

International peer review of the national framework 

Poland hosted an IRRS mission in May 2013.  

32 

 
 
 
2.22. 

Portugal 

Portugal has no nuclear power plant, but one research reactor. 

Legislative, regulatory and organisational framework 

The  Decree-Law  30/2012  created  the  Regulatory  Commission  for  the  Safety  of  Nuclear 
Installations (COMRSIN) and establishes its attributes and responsibilities.  

Decree-Law  262/2012  sets  up  the  obligations  of  the  licence  holders  for  the  operation  of 
nuclear installations under the supervision of the regulatory authority. 

Both Decree-Laws state that nuclear installations cannot operate without a valid licence. 

Under these Decree-Laws, COMRSIN has the legal power to enforce measures that are meant 
to  improve  nuclear  safety.  In  extreme  cases  the  licence  may  be  suspended,  revoked  or  not 
renewed until corrections are made. 

The competent regulatory authority 

COMRSIN has been legally structured as an independent body, although operating with the 
administrative support of the Ministry of Education and Science. 

The leadership of COMRSIN is appointed by the Prime Minister. 

According to the Portuguese report, COMRSIN is functionally separate from any other body 
or organisation concerned with the promotion or utilisation of nuclear energy.  

The  strengthening  of  legal  and  technical  expertise  within  COMRSIN  is  presented  as  being 
under way. 

Licence holders obligations 

Pursuant to Decree-Law 262/2012, the operator has the prime responsibility for the safety of 
the  installation  under  the  control  of  the  regulatory  authority  and  need  to  have  the  human, 
material  and  financial  resources  that  are  adequate  to  the  safe  operation  of  the  installation. 
Principles  such  as  transparency,  defense  in  depth,  priority  to  nuclear  safety  at  all  times  are 
enshrined in this Decree. 

The  operator  is  also  required,  inter  alia,  to  have  a  safety  management  system  that  gives 
priority to nuclear safety at all times and an emergency plan. It has the prime responsibility 
for  the  periodic  safety  review  of  the  installation  and  for  the  continuous  improvement  of 
safety. 

Expertise and skills in nuclear safety 

COMRSIN,  together  with  other  stake  holders  and  other  competent  authorities,  has  the 
responsibility  to  prepare  plans  for  education  and  training  of  human  resources  of  nuclear 
installations and of entities related with nuclear safety, to preserve and develop the required 
qualifications and skills in the field of nuclear safety. 

Information to the public 

33 

 
Information  to  the  public  is  mainly  given  through  a  COMRSIN  website  both  in  Portuguese 
and English, which, at the time of the report, was presented as being under construction. 

2.23. 

Romania 

There  are  2  nuclear  power  reactors  in  operation  in  Romania.  The  Government  has  plans  to 
further  increase  nuclear  generating  capacity  through  the  resuming  of  construction  and 
commissioning  of  two more units.  In addition there are two operating research reactors and 
one under decommissioning.  

Legislative, regulatory and organisational framework 

The Law no. 111/1996 (the "Law") on the safe deployment, regulation, licensing and control 
of  nuclear  activities  provides  the  legislative  framework  governing  the  safety  of  nuclear 
installations.  

The  Law  empowers  the  National  Commission  for  Nuclear  Activities  Control  (CNCAN)  to 
issue  mandatory  regulations,  to  issue  licences  for  nuclear  installations  and  activities,  to 
perform  assessments  and  inspections  to  verify  compliance  with  the  nuclear  safety 
requirements and to take any necessary enforcement actions. 

Pursuant to the Law, CNCAN has the responsibility for reviewing the regulations whenever it 
is  necessary  to  be  consistent  with  relevant  European  and  international  legislation,  and  for 
establishing  the  measures  for  the  application  thereof.  Various  other  sources  relevant  for 
updating the system of regulations are used, including the development of international safety 
standards, international cooperation, the revision of the reference levels adopted by WENRA, 
the  feedback  from  the  operators  and  the  feedback  from  CNCAN  inspectors  based  on  their 
experience with the enforcement of the regulations. 

The competent regulatory authority 

The CNCAN is the competent regulatory authority in the field of nuclear safety in Romania. 

The  Ministry  of  the  Environment  and  Climate  Change  is  the  central  authority  for 
environmental  protection  and  has  specific  responsibilities  in  the  licensing  and  control  of 
nuclear installations.  

The  State  Inspectorate  for  Boilers,  Pressure  Vessels  and  Hoisting  Installations  (ISCIR), 
subordinated  to  the  Ministry  of  Economy  is  responsible  for  the  licensing  and  control  of  the 
pressure retaining systems and equipment, including those used in nuclear installations, with 
appropriate consultation and collaboration with CNCAN. 

CNCAN reports to the Prime Minister, through the General Secretariat of the Government. It 
is  chaired  by  a  President  nominated  by  the  Prime  Minister.  The  position  of  the  CNCAN 
President is assimilated to that of State Secretary. 

The total number of staff in CNCAN is 89. 

34 

 
 
As  regards  the  financing,  before  November  2009,  CNCAN  was  collecting  money  for  its 
budget from fees charged for performing inspection activities and technical assessments and 
for  granting  licences,  permits  and  authorisations  and  was  self-financed.  From  November 
2009,  all  the  money  collected  from  taxes  and  tariffs  for  CNCAN  activities  have  become 
revenue to the State budget and CNCAN is currently financed from the State budget through 
the General Secretariat of the Government. 

Licence holders obligations 

The Law stipulates that the prime responsibility for the safety of a nuclear power plant rests 
with the licence holder and that this responsibility cannot be delegated. 

As  indicated  by  Romania,  the  obligation  of  the  licensees  to  regularly  assess  and  verify  and 
continuously  improve  nuclear  safety  is  stated  in  the  specific  regulations  and  licence 
conditions. The implementation of this obligation is verified by CNCAN through review and 
inspection  activities  on  a  current  basis,  as  well  as  on  the  occasion  of  the  renewal  of  the 
licences for nuclear installations and on the occasion of the issuance of new or revised nuclear 
safety regulations. 

Detailed regulations are in place for NPPs on siting, design, construction, commissioning and 
operation, covering all relevant aspects of defence-in-depth, both technical and administrative. 

The licensees have procedures for normal operation and for response to abnormal conditions. 

Romania reported that its legislative and regulatory framework relevant to quality assurance 
for activities related to nuclear installations has been subject to continuous development since 
1982. A comprehensive framework is currently in place to govern the management systems 
for  nuclear  installations  and  associated  activities  and  to  ensure  that  the  licensees  give  due 
priority to nuclear safety.  

Explicit  requirements  on  the  assurance  of  sufficient  and  adequate  financial  and  human 
resources are established in the Law both for applicants and for licensees. 

CNCAN  requires  the  licence  holders  to  report  periodically  on  their  resources  and  the 
regulatory  staff  performs  reviews  and  inspections  to  determine  the  actual  status  of  the 
licensees' human and financial resources, as well as the associated changes and trends. 

Expertise and skills in nuclear safety 

Regulations related to training, qualification and retraining for operating personnel for nuclear 
operators have been in place in Romania since 1975. They have been periodically reviewed 
and revised. Examinations are administered by CNCAN in order to verify the qualification of 
staff with safety-related duties and to grant practice permits. 

As  regards  the  competence  management  within  the  regulatory  authority,  CNCAN  has  a 
process  to  develop  and  maintain  the  skills  of  its  staff,  as  an  element  of  knowledge 
management.  An  annual  plan  for  staff  training  is  in  place  and  each  staff  member  has  an 
individual training plan, elaborated by the respective line manager.  

Training  for  CNCAN  staff  is  provided  either  in-house  or  through  technical  cooperation 
programmes with the IAEA and with other States and organisations. 

35 

 
Information to the public 

The general Romanian legislation on public information and on transparency in the decision-
making process of public authorities applies to the regulatory activities of CNCAN. 

Information activities performed by CNCAN are detailed in the report. 

Prior to the enactment of new or revised regulations, CNCAN posts the proposed drafts on its 
website  and  sends  them  for  consultation  to  all  interested  organisations  for  gathering 
information from the public, from licensees and applicants and from other interested parties. 

International peer review of the national framework 

Romania hosted an IRRS mission in 2011. 

2.24. 

Slovakia 

There are  4  power  reactors in operation in Slovakia and 3 reactors under  decommissioning. 
There are 2 power reactors under construction. 

Legislative, regulatory and organisational framework 

The most relevant laws in the nuclear field are: 

•  Act No. 541/2004 on peaceful use of nuclear energy (the "Atomic Act");  
•  Act  No.  575/2001  on  organisation  of  governmental  activities  and  on  organisation  of 
the  central  State  administration  (the  “Competence  Act“),  which  sets  out  tasks  and 
responsibilities  of  central  bodies  of  State  administration,  including  provisions  on  the 
regulatory authority responsible for nuclear safety; 

•  Act No. 251/2012 Coll. on energy sector (the "Energy Act"), which inter alia cover the 

rights and obligations of nuclear operators and State supervision. 

In  accordance  with  the  licence  for  operation,  the  requirements  for  nuclear  safety  and 
conditions  of  nuclear  safety  established  or  approved  by  the  regulatory  authority  are  being 
monitored.  In  case  of  non-compliance  with  the  requirements  or  violation  of  a  legal 
requirement,  the  regulatory  authority  is  authorised  to  impose  sanction  to  the  licensee, 
including financial penalty. As provided for in the Atomic Act, the regulatory authority can 
suspend the operation of a nuclear installation. 

As  indicated  by  Slovakia,  since  the  entry  into  force  of  the  Atomic  Act,  there  have  been  11 
amendments with the aim to take into account the experience gained in the implementation of 
this  Act,  as  well  as  EU  Directives,  the  development  of  international  standards  (IAEA, 
WENRA) and operating experience of nuclear installations. Implementing decrees have also 
been amended, the last amendments taking into account WENRA's reference levels. 

The competent regulatory authority 

The  Nuclear  Regulatory  Authority  of  the  Slovak  Republic  (ÚJD  SR)  is  the  central  body  of 
State  administration,  having  legal  personality,  in  charge  of  nuclear  safety.  It  reports  to  the 
Government and it is headed by a chairman appointed by the Government. 

36 

 
 
 
The ÚJD SR has 108 employees. 

The Act No.94/2007 amending the Atomic Act imposes an obligation to the licensees to pay 
annual  contributions  for  execution  of  State  regulation  in  nuclear  safety.  The  aim  of  this 
obligation  is  to  secure  sufficient  funding  for  regulatory  activities,  for  maintaining  the 
expertise  of  its  staff  and  for  their  stabilisation,  for  safety  research  and  it  aims  at  reducing 
demand on the State budget by raising other external sources.  

Licence holders obligations 

According  to  the  Atomic  Act  the  licensee  is  responsible  for  the  fulfilment  of  requirements 
concerning nuclear safety. This responsibility cannot be eliminated. 

ÚJD SR Decree No. 33/2012 Coll. on periodic, comprehensive and systematic nuclear safety 
assessment  of  nuclear  installations  provides  for  details  on  the  intervals  and  extent  of  the 
performance of regular, comprehensive and systematic evaluation of nuclear safety of nuclear 
installations. 

ÚJD SR Decree No. 430/2011 on the requirements for nuclear safety specifies the details for 
siting,  design,  construction,  commissioning,  operation  and  decommissioning  of  nuclear 
installations.  

ÚJD SR Decree No. 431/2011 Coll. governs the requirements for quality management system 
of the licensee. 

The licensee is required to give priority to safety aspects among all other aspects. 

It is also required to maintain financial and human resources for ensuring nuclear safety. As 
regards  in  particular  the  financial  resources  for  the  decommissioning  programmes,  Act  No. 
238/2006 established a national nuclear fund for decommissioning of nuclear installations and 
for the management of spent nuclear fuel and radioactive waste. The basic source of the Fund 
are mandatory contributions from the licensee.  

Expertise and skills in nuclear safety 

Among the description of training arrangements for operators, it is indicated in the report that 
the  system  of  professional  training  is  updated  on  the  basis  of  operational  experience, 
implemented  organisational  changes,  modernisation  of  equipments,  requirements  of 
regulatory  bodies,  audits,  reviews  and  recommendations  from  external  organisations, 
including from the IAEA and the WANO. 

ÚJD SR caters for professional advice and services or exchanges knowledge, experience and 
information to support its regulatory activities. 

Information to the public 

Act No. 211/2000 ("Freedom of Information Act") provides the citizens with a statutory way 
of obtaining necessary information. This Act along with the Atomic Act and Act No. 24/2006 
("Act  on  Environmental  Impact  Assessment")  constitutes  the  legal  framework  for  public 
relations with respect to nuclear energy.  

37 

 
 
Each nuclear power plant in Slovakia has a Civil Information Commission ("CIC") composed 
of  elected  and  other  representatives  of  the  regional  public.  Members  of  CIC  hold  regular 
meetings  with  the  management  of  licence  holders  and  thus  receive  first-hand  information 
about the work of the operator. 

In addition to the information provided on a regular basis in its field of its operation, ÚJD SR 
issues  an  Annual  Report,  published  in  Slovak-English  version  and  distributed  to  ministries, 
other  central  government  authorities,  State  organisations,  regional  Government  offices  and 
municipalities at nuclear installation sites, libraries, schools, embassies of foreign countries in 
the  SR,  embassies  of  the  SR  abroad,  foreign  regulatory  bodies,  international  and  other 
organisations. 

International peer review of the national framework 

Slovakia hosted an IRRS mission in 2012. 

2.25. 

Slovenia 

Slovenia's nuclear facilities include one nuclear power reactor and one research reactor.  

Legislative, regulatory and organisational framework 

The  main  act  in  the  area  of  nuclear  and  radiation  safety  is  the  Act  on  Ionising  Radiation 
Protection and Nuclear Safety (the "2002 Act") which entrusted the Slovenian Nuclear Safety 
Administration (SNSA) with the control of nuclear safety. 

The  most  important  rules  are  the  JV5  “Rules  on  the  Radiation  and  Nuclear  Safety  Factors” 
and  the  JV9  “Rules  on  Operational  Safety  of  Nuclear  or  Radiological  Facilities”.  The  JV5 
contains, inter alia, the details of the licensing procedure, while JV9 gives instruction about 
the methodology to be used for the classification and notification of plant modifications. 

The  inspection  of  nuclear  and  radiation  safety  rests  with  the  SNSA.  The  enforcement  of 
applicable regulations and of the terms of the licences is ensured by the application of penal 
provisions, inspection provisions and provisions related to licence withdrawal and suspending 
of the operation of a nuclear facility. 

Slovenia reported on several mechanisms in place for communication between the SNSA and 
the  licensees  in  support  of  the  regulatory  review  process,  consisting  of  regulatory 
requirements  established  in  regulations  (2002  Act,  decrees  and  rules),  regulatory  letters, 
licensing meetings, regulatory inspections, regular licensee reports. 

As indicated in the report, the updating and maintaining of the national regulatory framework 
is  conducted  notably  through  a  regular  checking  of  the  international  standards  (e.g.  IAEA, 
WENRA). The domestic and foreign operating experience is also considered for the potential 
changes and improvements of the legislation and regulatory practices. 

It  is  reported  that  the  SNSA  has  transposed  all  WENRA's  reference  levels  into  the  legally 
binding documents. 

The competent regulatory authority 

38 

 
 
The  SNSA  is  an  autonomous  institution  within  the  Ministry  of  the  Agriculture  and 
Environment. 

In 2013 the SNSA had 41 employees. 

It has its own share in the Ministry’s budget and is independent in allocating the programmes, 
projects and other expenses from the budget.  

The operators of nuclear or radiation installations and other licensees do not pay any licensing 
or  inspection  fees.  The  only  fee,  which  is  envisaged  by  the  general  Act  on  Administrative 
Fees,  is  the  so-called  administrative  tax  for  the  licensing  procedure,  which  is  of  symbolic 
value. Such fee is paid to the State budget and not directly to the SNSA. 

Licence holders obligations 

The provisions on the prime responsibility of the licence holder for the safety of nuclear and 
radiation facilities are comprised in the legislation. 

The "2002 Act" requires that the licensee of a nuclear facility ensures regular, complete and 
systematic assessment and examination of radiation and nuclear safety of the facility by the 
periodic safety review which has to be performed in the period of ten years.  

The  secondary  legislation  (above-mentioned  "JV5")  contains  the  principles  of  defence  in 
depth, single failure, redundancy, independence, diversity, safe failure and graded approach. 
There  are  also  general  design  basis  requirements,  inter  alia,  prevention  of  accidents  with 
excessive exposure of people including severe accidents. 

The requirements regarding the management systems defined in the Slovenian legislation are 
reported to be in accordance with the WENRA reference levels.  

Operators  are  required  to  ensure  sufficient  financial  resources  guaranteed  throughout  the 
operating lifetime of a facility for implementing the prescribed measures of radiation and/or 
nuclear safety. 

Expertise and skills in nuclear safety 

Training and qualification activities for the operator are governed by the "2002 Act" and the 
Rules  on  qualification  requirements  to  be  met  by  workers  performing  duties  and  tasks  of 
safety significance in nuclear and radiation installations.  

Supervisory personnel also get specific training. 

The regulatory authority has established a system of safety indicators to measure, inter alia, 
the performance of the human and organisational factors in nuclear safety. 

Information to the public 

The  “transparency  principle”  is  presented  as  being  one  of  the  main  principles  of  the  "2002 
Act", to make sure that the public receives comprehensive information.  

The  SNSA  regularly  informs  the  general  public  and  the  workers  about  work  in  its  fields  of 
competence.  Legislative  initiatives  (in  the  form  of  draft  legislation)  are  published  on  the 
special governmental webpage for the purposes of public hearing. 

39 

 
International peer review of the national framework 

Slovenia hosted an IRRS mission in 2011.  

2.26. 

Spain 

Spain has 8 nuclear power reactors. There are also 2 reactors under decommissioning. 
There is one installation responsible for the design, manufacture and supply of nuclear fuel. 

Legislative, regulatory and organisational framework 

The  basic  regulatory  framework  for  nuclear  installations  and  activities  in  Spain  consists  of 
the following regulations: 

•  Law on nuclear energy (LEN) (Law 25/1964 of 29 April 1964, as amended); 

•  Law establishing the Nuclear Safety Council (Law 15/1980 of 22 April 1980, as amended). 
This  law  establishes  the  regulatory  body  for  nuclear  safety  and  radiation  protection  in 
Spain.  

The Spanish legal framework provides for a system of licensing and prohibition of operation 
of nuclear installations without a licence. 

The  national  framework  clearly  defines  and  sets  out  the  responsibilities  assigned  to  the 
various bodies and authorities involved in the infringement and penalty procedures. 

The Spanish regulatory framework for nuclear energy has been updated and adapted to take 
into  account,  among  other  things,  changes  made  to  the  structure  of  the  institutional 
framework  with  responsibilities  in  the  matter,  experience  gained  from  the  operation  of 
nuclear installations and technological progress. 

Spain reported that the regulatory authority has a strategic objective to complete and keep up 
to  date  a  robust  set  of  rules  covering  the  requirements  of  the  EU  directives,  taking  into 
account  the  rules  of  the  IAEA  and  the  benchmarks  agreed  under  the  harmonisation  plan  of 
WENRA. 

The competent regulatory authority 

The Nuclear Safety Council (CSN) is the State body with responsibility for nuclear safety. It 
is an independent body under public law of the Central State Administration, which reports 
to Parliament on the conduct of its activities. 

The  technical  staff  consists  of  officials  from  the  Nuclear  Safety  and  Radiation  Protection 
Corps. 

The  Law  establishing  the  CSN  empowers  it  to  prepare  the  draft  of  its  annual  budget  in 
accordance  with  the  provisions  of  the  General  Budget  Law.  The  CSN  transmits  it  to  the 
Government for inclusion in the State Budget and approval by Parliament. 

40 

 
 
 
 
 
Licence holders obligations 

Spanish  legislation  enshrines  the  basic  principle  that  the  prime  responsibility  for  nuclear 
safety of a nuclear installation rests with the licence holder. 

Spanish legislation requires the operational nuclear power plants to carry out a periodic safety 
review every 10 years, in connection with the renewal of the operating permits. 

The  regulatory  framework  contains  requirements  for  planning  and  preparedness  for  nuclear 
emergencies (inter alia: provisions of the basic civil protection regulations, general provisions 
in the Law establishing the CSN, Council of Ministers decision on public information about 
health  protection  measures  to  be  applied  and  procedures  to  be  followed  in  the  event  of  a 
radiological emergency). 

Furthermore,  the  CSN  is  implementing  inspection  plans  tailored  to  each  type  of  existing 
nuclear  installation,  and  has  requested  the  licence  holders  of  the  installations  to  set  up 
integrated management systems to improve the safety performance of the installation and to 
foster and promote a robust safety culture. 

In several of the mandatory documents (operating rules, quality assurance manual and internal 
emergency  plan),  which  are  included  in  the  licences  of  nuclear  installations,  specific 
regulatory  requirements  are  defined  governing  the  organisation  and  human  resources  of  the 
licence holder. 

Expertise and skills in nuclear safety 

Licence  holders  have  programmes  for  qualification,  initial  training  and  retraining  of  the 
personnel  of  installations,  also  including  analysis  and  lessons  learned  from  their  own  and 
others' operating experience, as well as specific requirements relating to the safety culture. 

Spain  indicated  that  the  CSN  pays  special  attention  to  the  qualification  and  continuous 
training of its human resources by implementing annual training plans to maintain their skills, 
knowledge and competencies over the medium and long term. 

Information to the public 

Spain  said  that  it  treated  transparency,  communication  and  information  to  the  public  as 
fundamental  pillars  of  the  development  of  effective  nuclear  safety  regulation.  Accordingly, 
the CSN has made significant efforts in recent years to improve the body's transparency and 
achieve greater public confidence in its activities. 

In  its  Strategic  Plan  for  the  period  2011-2016,  the  CSN  also  recognises  the  principle  of 
transparency as one of its core values, based on the ability to provide citizens with relevant, 
valid  and  verifiable  information  on  everything  related  to  security  nuclear  and  radiological 
protection. 

The Law establishing the CSN, as amended by Law 33/2007, provides for the establishment 
of an advisory committee for information and public participation, which began work in 2011. 
The  purpose  of  this  Committee  is  to  make  recommendations  to  the  CSN  to  improve 
transparency,  access  to  information  and  public  participation  in  the  matters  within  its 
competence.  The  advisory  committee  consists  of  representatives  of  the  key  national 

41 

 
stakeholder groups including ministries, universities, professional associations, bodies of the 
electricity industry, mayors of the neighbourhoods where there are nuclear power plants and 
NGOs. 

International peer review of the national framework 

An IRRS mission was hosted in Spain in 2008.  

2.27. 

Sweden 

There are 10 nuclear power reactors in Sweden as well as shutdown research reactors and a 
nuclear fuel fabrication plant. 

In  June  2010  the  Swedish  Parliament  lifted  a  ban  on  new-build  of  nuclear  reactors.  The 
legislation,  which  entered  into  force  in  2011,  allows  for  new  reactors  on  the  condition  that 
they replace existing ones being permanently shut down, and if they are built on a site with 
already operating reactors. 

An application for a licence to construct, own and operate a nuclear facility consisting of one 
or  two  nuclear  power  reactors  was  submitted  to  the  regulatory  Authority  in  July  2012.  The 
applicant intends to replace old units by the planned new capacity from operation by 2025 - 
2035. 

Legislative, regulatory and organisational framework 

The most relevant act in the nuclear safety field are: 
the Act on Nuclear Activities (1984:3); 
the Radiation Protection Act (1988:220); 
the Environmental Code (1998:808) 

• 
• 
• 

It is reported that today’s parallel application of these acts results in a ‘dual’ licensing process 
with  overlapping  of  the  regulatory  processes  and  the  issuance  of  two  permits  with  similar 
legal  requirements.  The  plans  for  the  consolidation  of  the  legislation  into  a  single  act  are 
progressing and the Government has completed an extensive consultation. 

The  legislation  gives  a  mandate  to  the  regulatory  authority  and  supervisory  as  well  as 
enforcement  powers.  The  authority  is  authorised  to  issue  legally  binding  requirements 
regarding all aspects of nuclear activities and radiation protection. 

The regulatory authority is currently revising its regulations. The improvement of the national 
framework is notably based on incidents reports, the outcome of the periodic safety reviews 
and international peer reviews, as well as recommendations from bodies such as WENRA. 

The competent regulatory authority 

The  regulatory  authority  in  the  field  of  nuclear  safety  is  the  Swedish  Radiation  Safety 
Authority (SSM) which was established on July 1, 2008. 

Its Director-General is appointed by the Government for a period of six years and reports the 
directly to the Government. SSM has an advisory council with maximum ten members, all of 

42 

 
 
them  appointed  by  the  Government.  Those  are  usually  members  of  the  Parliament,  agency 
officials or non-governmental organisations or acting as independent experts. The functions of 
the  council  are  to  advise  the  Director  General  and  to  ensure  public  transparency  in  the 
authority´s activities. 

The  regulatory  activities  of  SSM  are  financed  by  the  State  budget.  The  costs  are  largely 
recovered from the licensees in the form of fees covering the cost of regulatory activities and 
related research. The fees are distributed to revenue heading and funding made through yearly 
budget appropriations.  

At  the  end  of  2013,  SSM  had  staff  totalling  312  persons.  Although  salary  levels  may  be 
higher for certain categories of personnel within competing segments of industry and private 
sector, SSM can offer other professional advantages that weigh up these salary differentials. 

Licence holders obligations 

Sweden reported that the Act on Nuclear Activities is clear about the prime responsibility for 
safety. 

The periodic safety reviews which are conducted at least once every ten years are presented as 
an important part of the safety supervision. 

Radiological accidents shall be prevented through a facility-specific and fundamental design 
which shall incorporate multiple barriers as well as a facility-specific system for defence-in-
depth.  Defence-in-depth  shall  be  achieved  by  preventing  accidents  and  mitigate  the 
consequences if an accident does occur. 

The SSM general safety regulations SSMFS 2008:1 require that nuclear activities with regard 
to  design  and  construction,  operation  and  decommissioning,  shall  be  managed,  controlled, 
assessed  and  developed  through  a  management  system  so  designed  that  requirements  on 
safety will be met.  

According  to  the  Act  on  Nuclear  Activities  (1983:4),  a  licensee  is  obliged  to  have  an 
organisation for the activity with sufficient financial, administrative and human resources to 
uphold safety and to take protective measures in the event of disruptions in the operations or 
accidents in the facility. 

In addition to this basic requirement above, licensees must pay a fee on every produced kWh 
to  the  Nuclear  Waste  Fund,  in  order  to  ensure  the  financing  of  decommissioning,  handling 
and  disposal  of  spent  fuel  and  nuclear  waste,  including  the  research  needed  for  these 
activities.  

If  the  SSM  finds  indications  for  concern  regarding  the  lack  of  financial  resources,  it  has 
extensive legal powers to take actions.  

As regards the adequacy of the licensees´ human resources, SSM evaluates their process for 
competence assurance every third year. 

Expertise and skills in nuclear safety 

SSM  general  safety  regulations  (SSMFS  2008:1)  deal  with  the  staffing,  competence  and 
training of personnel at the nuclear facilities. The licensee has to ensure that the staff has the 

43 

 
competence  and  suitability  needed  for  all  tasks  of  importance  for  safety  and  this  has  to  be 
documented. 

Sweden provided details on various initiatives in the academic world such as the launching of 
a graduate programme in the nuclear field.  

Within  the  regulatory  authority,  competence  development  has  been  conducted  in  all 
departments and units in 2013. 

Information to the public 

Pursuant to the SSM’s missions and tasks, as defined in the Ordinance (SFS 2008:452), the 
SSM is responsible for contributing toward public insight into all activities performed by the 
authority. 

On  SSM's  website,  the  main  language  is  Swedish,  but  information  that  would  be  of  use  for 
citizens or authorities in other countries is provided in English. 

Five of the nuclear facilities have a Local Safety Council. The Local Safety Councils are so-
called "Board authorities" whose members are appointed by the Government. A majority of 
Board  Members  are  appointed  on  the  recommendations  of  the  municipality  in  which  the 
nuclear  facility  is  located.  Local  Safety  Councils  gather  information  on  the  safety  and 
radiation protection work carried out or planned at the nuclear facility. They shall, inter alia, 
responsible for informing the public, authorities and institutions at the local level. 

International peer review of the national framework 

An IRRS review was performed in Sweden in February 2012. 

2.28. 

United Kingdom 

The  UK  has  16  operating  nuclear  power  reactors,  25  permanently  closed  (defueling  or 
decommissioning) reactors, 5 decommissioning nuclear research facilities, including research 
reactors. 

In November 2012, ONR granted a site licence for Hinkley Point C where two nuclear power 
reactors are to be built. This was the issue of the first nuclear site licence for a nuclear power 
plant in 25 years.  

Legislative, regulatory and organisational framework 

The  Energy  Act  2013  ("TEA13")  established  the  ONR  as  a  statutory  body  and  sets  out  its 
purposes and powers. It requires that a Nuclear Power Plant (NPP) is not installed or operated 
unless ONR has granted a site licence.  

The Nuclear Installations Act 1965 establishes a system of licensing for nuclear installations. 

The  UK  made  clear  in  its  report  that  it  remains  committed  to  learning  from  its  experiences 
and the experience  of  others as part of its approach of seeking continuous  improvements to 

44 

 
 
nuclear  safety.  In  particular,  it  periodically  subjects  its  nuclear  safety  framework  to 
international peer review to identify any shortcomings that need to be addressed.  

The competent regulatory authority 

The designated UK nuclear regulatory authority responsible for regulating safety and security 
is  the  Office  for  Nuclear  Regulation  (ONR).  Since  1  April  2014  ONR  has  operated  as  an 
independent statutory body.  

As  the  Secretary  of  State  for  Energy  and  Climate  Change  is  accountable  to  Parliament  for 
nuclear  safety  in  Great  Britain,  ONR  provides  assurance  through  factual  information  and 
advice  to  this  minister  on  nuclear  safety  matters.  However,  the  Government  cannot  direct 
ONR with respect to regulatory functions in a particular case.  

ONR  is  sponsored  by  the  Department  of  Work  and  Pensions  (DWP).  The  ONR's  CEO,  as 
Principal Accounting Officer, is directly accountable to Parliament.  

ONR  recovers  some  98%  of  its  costs  from  the  licensees  it  regulates.  Indeed,  ONR  charges 
fees to nuclear licensees to recover the expenses incurred through its regulation of the nuclear 
site licensing regime. In addition, further expenses are recovered from licensees in respect of 
safety research programmes agreed between ONR and the industry. ONR can also charge for 
other safety regulation carried out on licenced nuclear sites.  

Since  the  establishment  of  ONR  as  a  public  corporation  in  April  2014,  it  is  free  to  recruit 
staff.  

Licence holders obligations 

As indicated in the report, the holder of a nuclear site licence is responsible for the safety of 
its nuclear installations and also for the health and safety of those employees and members of 
the public that may be affected by the installation’s operations.  

Safety justifications to demonstrate compliance with legal requirements are required prior to 
the  start  of  construction,  before  commissioning,  before  first  operation,  after  steady  reliable 
operation has been achieved, before plant modification and prior to decommissioning. During 
the operational and decommissioning phases, the safety case is updated as necessary to reflect 
changes  to  plant  or  procedures,  new  safety  analysis  techniques,  research  findings  and  the 
outcome of periodic safety reviews (PSRs).  

Major PSRs are carried out by licensees, no later than every ten years or  when  subject  to a 
review following a major event on the site or elsewhere. 

The licensee are required to make and implement adequate arrangements for dealing with any 
accident or emergency arising on the site and their effects.  

In July 2011, ONR amended its regulations in order to place a duty on licensees to establish 
and implement management systems which give due priority to safety. ONR requires that a 
licensee’s  quality  management  arrangements  are  based  on  current  national  or  international 
quality  management  system  standards  and  that  the  arrangements  adequately  address  all 
matters which may affect safety. 

45 

 
As regards the operators' resources, under UK company law, a registered company must have 
sufficient assets to meet all of its liabilities to continue in business. The costs of making any 
necessary safety improvements during the operating life of a nuclear installation are treated as 
part  of  the  installation's  normal  operating  costs.  In  addition,  special  financial  provision  is 
made  for  the  particular  liabilities  relating  to  the  reprocessing  and  storage  of  spent  fuel,  the 
storage and disposal of nuclear waste and a nuclear installation's decommissioning costs.  

Expertise and skills in nuclear safety 

Regulations require the licencee to make and implement adequate arrangements for suitable 
training  of  all  persons  on  site  who  have  responsibility  for  any  operations  which  may  affect 
safety.  

In its report, the UK explained that the nuclear sector currently employs around 44,000 people 
in the country. Existing operations, decommissioning and clean-up, together with a potential 
programme of new nuclear build, means that the nuclear industry has a sustained recruitment 
demand and continued requirement for skills training and refreshment of the workforce. The 
Government  is  working  closely  with  the  National  Skills  Academy  for  Nuclear  and  the 
industry to ensure that the UK has a clear, shared understanding of the key skills priorities for 
the nuclear sector, and how skills demand can be met.  

The UK reported that ONR has had intensive recruitment campaigns since 2011, necessitating 
a radical revision of the training and assimilation of new inspectors.  

Information to the public 

The UK report provides details on activities performed by ONR in the field of transparency. 

All ONR’s major regulatory decisions are now published on the ONR’s website, with details 
underpinning  each  decision.  In  addition,  ONR  is  currently  piloting  the  publication  of  its 
intervention reports. These reports provide details of ONR’s findings whilst carrying out its 
inspection and other regulatory activities.  

Every  three  months,  ONR  produces  a  report  for  each  licenced  site  which  summarises  its 
regulatory activities associated with the site.  

International peer review of the national framework 

The UK has invited a series of modular IRRS missions in 2006, 2009 and 2013.  

46 

 
3.  Conclusion 

All Member States have established a framework allocating responsibilities between relevant 
public  bodies  and  most  of  them  mention  regular  updates  thereof  and  international 
benchmarking. By the end of 2015, all Members States with a nuclear power programme will 
have  hosted  at  least  one  IRRS  mission  over  a  ten-year  period.  Some  of  the  other  Member 
States have not received such a mission so far.  

All Member States have a regulatory authority with specific tasks and corresponding licence 
holders' obligations. They have also put in place national regulations pertaining to expertise 
and skills in nuclear safety. They made arrangements for information to the public. 

However, challenges in the implementation  of the Directive have been identified as regards 
the regulatory authority’s legal powers and human and financial resources. 

Safety  arrangements  imposed  on  nuclear  operators  under  the  supervision  of  regulatory 
authorities,  including  development  of  expertise  and  skills,  are  reported  by  the  Members 
States.  However,  as  confirmed  by  the  stress  tests  performed  on  nuclear  power  reactors  in 
Europe,  there  are  differences  between  the  Member  States  as  regards  the  identification  and 
management  of  key  safety  issues.  The  amendment  of  the  Directive  addresses  this  situation, 
notably through the new obligations related to the safety objective and its implementation.  

47 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
Reference 

[1] 

Directive 2009/71/Euratom of 25 June 2009 establishing a Community framework for 
the nuclear safety of nuclear installations. OJ L 172, 2.7.2009, p. 18. 

48