REPORT FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT on progress of implementation of Council Directive 2011/70/EURATOM and an inventory of radioactive waste and spent fuel present in the Community's territory and the future prospects
Date: 2017-05-15
Institutions: Directorate-General for Energy, European Commission
Subjects: EU policy - national policy, application of EU law, decommissioning of power stations, energy production, irradiated fuel, nuclear policy, nuclear power station, nuclear safety, radioactive waste, waste management

EN 

   EN 

   EUROPEAN COMMISSION  Brussels, 15.5.2017  COM(2017) 236 final   REPORT FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT on progress of implementation of Council Directive 2011/70/EURATOM and an inventory of radioactive waste and spent fuel present in the Community's territory and the future prospects {SWD(2017) 159 final} {SWD(2017) 161 final}  
 
 
 
 
Table of Contents 

1. 

INTRODUCTION ............................................................................................................... 3 

2.   INVENTORY ESTIMATES AND FUTURE PERSPECTIVES ....................................... 5 

3.  NATIONAL  POLICIES  AND  PROGRAMMES:  FROM  POLITICAL  DECISIONS  TO 
CONCRETE ACTIONS ..................................................................................................... 8 

3.1   National policies ......................................................................................................... 8 

3.2   National programmes ................................................................................................. 9 

4.   NATIONAL FRAMEWORKS ASSURING SAFE SPENT FUEL AND RADIOACTIVE 
WASTE MANAGEMENT ............................................................................................... 13 

4.1.   Competent regulatory authorities ............................................................................. 13 

4.2.   Licence  holder’s  responsibilities,  including  safety  demonstration  and  safety      

review…………………………. .............................................................................. 14 

4.3.   Expertise and skills ................................................................................................... 14 

4.4.   Cost assessment, financing mechanisms and available resources ............................ 15 

4.5.   Transparency ............................................................................................................ 16 

4.6.   Self-assessment and international peer reviews ....................................................... 16 

5.   MOVING FORWARD  .................................................................................................... 17 

6.  CONCLUSIONS ............................................................................................................... 18 

2 

 
 
 
1. 

INTRODUCTION 

Under  Article  14(2)  of  the  Directive  2011/70/Euratom1  (hereinafter  'the  Directive'),  the 
Commission is required to submit to the European Parliament and Council, every three years, 
a  report  on  progress  made  on  the  implementation  of  this  Directive  and  an  inventory  of 
radioactive  waste  and  spent  fuel  present  in  the  Community’s  territory,  including  future 
prospects. This is the first time the Commission is in a position to provide a comprehensive 
overview to the European Union (EU) citizens on this important issue. Although the progress 
reported by the Member States is not always fully comprehensive and comparable, this report 
nevertheless provides a clear picture of the current situation and highlights areas where further 
improvements and attention are required. 

All Member States generate radioactive waste, and 21 of them also manage spent fuel on their 
territory. Owing to its radiological properties and the potential hazard it poses to workers and 
the  general  public,  it  is  important  to  ensure  the  safe  management  of  such  material  from 
generation  to  disposal.  This  requires  containment  and  isolation  from  humans  and  the  living 
environment over a long period of time. By adopting and transposing the Directive, Member 
States  have  acknowledged  their  legal  and  ethical  obligation  to  ensure  a  high  level  of  safety 
when managing these materials and to avoid undue burdens on future generations.  

Radioactive  waste  is  radioactive  material  in  gaseous,  liquid  or  solid  form  for  which  no 
further use is foreseen or considered, and which has been classified as radioactive waste. Its 
generation is associated with the production of electricity in nuclear power plants or with non-
power-related  uses  of  radioactive  materials  for  medical,  research,  industrial  and  agricultural 
purposes.  Based  on  its  radiological  properties  and  potential  hazards,  radioactive  waste  is 
generally classified as ‘very low level waste’, ‘low level waste’, ‘intermediate level waste’ or 
‘high  level  waste’.2  In  the  EU,  almost  90 %  of  radioactive  waste  is  classified  as  ‘very  low 
level waste’ or ‘low level waste’. 

Spent fuel is nuclear fuel that has been permanently removed from a reactor core following 
irradiation  that  is  no  longer  usable  in  its  present  form.  It  is  generated  by  the  operation  of 
nuclear  reactors  for  power  generation,  research,  training  and  demonstration.  In  order  to 
manage  spent  fuel,  Member  States  can  choose  to  either  recover  part  of  the  material  by 
reprocessing it – the remaining material being high level waste to be disposed – or to dispose 
the  spent  fuel  directly,  meaning  it  would  be  reclassified  as  high  level  waste.  This  explains 
why  the  management  of  this  material  should  be  addressed  jointly  with  the  management  of 
radioactive waste. 

Each  Member  State  is  free  to  define  its  own  energy  mix.  At  the  time  of  Member  States 
reporting,  there  were  129  nuclear  power  reactors  in  operation  in  14 Member  States,3  with  a 

1           Council Directive 2011/70/EURATOM of 19 July 2011 establishing a Community framework for the 

2    

3 

responsible and safe management of spent fuel and radioactive waste. 
Moreover, based on the half-life of the material (time required to reduce the radioactivity by half), it is 
also generally categorised as ‘very-short lived’ (about 100 days), ‘short-lived’ (less than 30 years) and 
‘long-lived’ (more than 30 years). 
Belgium,  Bulgaria,  the  Czech  Republic,  Finland,  France,  Germany,  Hungary,  the  Netherlands,  Ro-

3 

 
 
                                                 
 
total capacity of about 120 GWe and an average operating time of 30 years. As estimated in 
the  Nuclear  Illustrative  Programme  (PINC),4  more  than  50  of  the  reactors  currently  in 
operation in the EU are to be shut down by 2025, while new build projects are envisaged in 
ten  Member  States,  with  four  reactors  under  construction  in  Finland,  France  and  Slovakia. 
This will lead to the generation of additional radioactive waste and spent fuel that will need to 
be safely and responsibly managed beyond this century. 

The  adoption  of  the  Directive  was  a  major  step  towards  achieving  a  comprehensive  and 
legally binding framework at EU level for the safe and responsible management of spent fuel 
and radioactive waste. The Directive’s aim is to: 

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

ionising radiation now and in the future. This goes beyond national borders; 

− 

implement  the  highest  safety  standards  for  radioactive  waste  and  spent  fuel 
management and avoid imposing undue burdens on future generations; 

−  achieve  commitment  from  the  Member  States  to  implement  sustainable  and  timely 
solutions for the management of spent fuel and radioactive waste, including in the long 
term with passive safety features; 

−  ensure  translation  of  political  decisions  into  clear  actions  (i.e.  policies  and 
the 

programmes,  specific  projects  and 
facilities) 
implementation of all steps of radioactive waste and spent fuel management; 

the  construction  of 

for 

−  maintain  continued  improvement  of  the  management  system  with  priority  to  safety, 

based on step-by-step decision-taking, transparency and public involvement; 

−  ensure  adequate  and  transparently  managed  financial  resources,  available  when 
needed, in accordance with the principle that those who generate radioactive waste or 
spent fuel bear the costs of their management. 

In order to achieve these objectives, the Directive requires Member States to put in place: 

  national policies, which broadly describe the approach Member States are taking for 

all steps of radioactive waste and spent fuel management; 

  national  programmes,  which  translate  the  national  policies  into  concrete  plans  of 

action, in order to ensure progress is made, and to enable monitoring thereof; 

4   

mania,  Spain,  Sweden,  Slovenia,  Slovakia,  and  the  UK  (Lithuania  and  Italy  have  shut  down  their 
reactors). 
Communication from the Commission Nuclear Illustrative Programme presented under Article 40 of the 
Euratom  Treaty  –  Final  (after  opinion  of  the  European  Economic  and  Social  Committee) 
{COM(2017)237}. 

4 

 
 
 
 
 
 
 
 
 
                                                                                                                                                         
  national 

legislative,  regulatory  and  organisational 

(‘national 
frameworks’), that put in place the required framework to enable the implementation 
of  the  national  policies  and  programmes  decided  upon  and  clearly  attribute 
responsibilities. 

frameworks 

Member  States  were  required  to  transpose  the  Directive,  including  the  national  policies  and 
national  frameworks,  by  23 August  2013.  To  enable  specific  planning,  Member  States  were 
given  two  additional  years  to  put  in  place  the  national  programmes,  with  a  deadline  of 
23 August 2015. By the same time, Member States were required to provide national reports 
on the overall implementation of the Directive, covering their  national  policies, frameworks 
and programmes for spent fuel and radioactive waste management. 

This first report is based on all Member States’ national reports. It also takes into account the 
national policies, frameworks and programmes notified to the Commission to date,5,6 and the 
2014 Joint Convention7 reports which were notified to the Commission. 

It  should  be  noted  that,  as  provided  by  Article  13(2)  of  the  Directive,  the  Commission  has 
requested clarifications to Member States and may express its opinion on whether the content 
of the individual national programmes is in accordance with Article 12 of the Directive. 

2.  

INVENTORY ESTIMATES AND FUTURE PERSPECTIVES 

The  Directive  requires  Member  States  to  report  to  the  Commission  their  inventory  of  all 
radioactive  waste  and  spent  fuel,  clearly  indicating  the  location  and  amount  in  accordance 
with an appropriate classification. Moreover, Member States’ reports should include estimates 
of  future  quantities,  including  those  from  decommissioning,  and  they  should  provide  an 
update  of  their  inventory  and  projections  every  three  years.  On  the  basis  of  the  information 
provided  by  the  Member  States,  the  Commission  is  required  to  submit  an  inventory  of 
radioactive  waste  and  spent  fuel  present  in  the  Community’s  territory  to  the  European 
Parliament and the Council. While the EU inventory is attached as a Staff Working Document 
to this report, a summary is also provided in Table 1 and Figure 1. 

5  

6  

7  

As all Member States have now declared full transposition, the Commission is in dialogue with them to 
clarify questions and finalise its assessment. 
The  report  is  based  on  the  information  available  in  all  Member  States  reports,  the  final  national 
programmes  of  22 Member  States  that  were  notified  as  of  30 September  2016  (Belgium,  Bulgaria, 
Cyprus,  Denmark,  Estonia,  Finland,  France,  Germany,  Greece,  Hungary,  Ireland,  Lithuania, 
Luxembourg,  Malta,  The  Netherlands,  Poland,  Romania,  Slovakia,  Slovenia,  Spain,  Sweden,  and  the 
UK) and the draft national programmes of 5 Member States (Austria, Croatia, the Czech Republic, Italy, 
and Portugal). 
Joint  Convention  on  the  Safety  of  Spent  Fuel  Management  and  on  the  Safety  of  Radioactive  Waste 
Management (INFCIRC/546, 24 December 1997)  

5 

 
 
 
 
 
 
                                                 
 
Waste 
category 
VLLW 
LLW 
ILW 
HLW 

Spent 
Fuel 

Total amount (m3) 
2010 
2007 
414 000 
280 000 

2004 
210 000 

2013 
516 000 
2 228 000  2 435 000  2 356 000  2 453 000 
338 000 
6 000 

288 000 
4 000 

206 000 
5 000 

321 000 
5 000 

0.2% 

10 % 

15 % 

VLLW
LLW
ILW
HLW

38 100 

Total amount (tHM) 
53 300 

44 900 

54 300 

74 % 

Table 1. Evolution of total volumes of radioactive 
waste and spent fuel in the period 2004-20138 

Figure 1. Radioactive waste 
category distribution (end of 2013) 

The  estimated  total  inventory  of  radioactive  waste  on  the  EU  territory  is  3 313 000  m3,  of 
which  about  70 %  has  been  disposed  of  (2 316 000  m3)  and  about  30 %  is  in  storage 
(997 000 m3).  The  main  composition  of  the  total  volume  of  radioactive  waste  is  74 %  low 
level waste (LLW), 15 % very low level waste (VLLW), 10 % intermediate level waste (ILW) 
and 0.2 % high level waste (HLW) (see Figure 1).9 ILW and HLW are generated and stored 
across the EU predominantly in the Member States with nuclear programmes.10 

At the end of 201311 over 54 000 tHM of spent fuel was stored in the EU. Around 800 tHM of 
spent  fuel  —  about  1.5 %  of  the  total  inventory  —  was  stored  in  a  third  country  pending 
reprocessing with the expected resulting material to be returned to the EU after 2017. 

All spent fuel present in the EU is currently in storage, as no civil disposal facility for spent 
fuel  is  currently  in  operation  worldwide.  Although  historical  and  current  practice  in  certain 
Member  States  is  to  reprocess  spent  fuel,  the  majority  of  Member  States  operating  nuclear 
power  plants  intend  to  dispose  of  their  spent  fuel  in  deep  geological  facilities  without 

8  

9  

10   

11  

The  Commission  estimates  for  2004,  2007  and  2010  are  based  on  the  information  from  the  6th  and 
7th Situation reports (for details see SWD (2017)161  of Radioactive Waste and Spent Fuel Present in 
the Community's Territory and the Future Prospects). Figures in the table have been rounded up (e.g. to 
the nearest thousand). 
The IAEA General Safety Guide GSG Classification system also defines exempted waste (waste with 
concentrations  of  radionuclides  small  enough  to  not  require  provisions  of  radiation  protections)  and 
very short lived waste (waste containing only very short half-life radionuclides allowing it to be stored 
until it has fallen beneath levels of clearance and managed as conventional waste). These do not require 
future  long-term  management  or  disposal  as  radioactive  waste  owing  to  their  short  lifetime  and/or 
activity levels enabling exemption from regulatory control. Consequently, exempt waste and very short 
lived waste are in most cases not reported by Member States. Thus, these waste classes have not been 
used for data aggregation in this document. 
For the purposes of this report, Member States with a nuclear programme are considered to be Belgium, 
Bulgaria, the Czech Republic, Finland, France, Germany, Hungary, the Netherlands, Romania, Spain, 
Sweden,  Slovenia,  Slovakia,  and  the  UK.  Lithuania  and  Italy  are  also  considered  to  be  part  of  this 
category as they have shut down the nuclear reactors on their territory and do manage spent fuel. 
The cut-off date for most data is end 2013 in order to reduce reporting burden on the Member States and 
facilitate  joint reporting  with  the  Joint  Convention.  A  few  Member  States  have  provided  more  recent 
figures. 

6 

 
 
 
 
 
 
 
 
 
                                                 
 
 
 
 
 
 
reprocessing in the future. This is expected to lead to an increase in the volume of high level 
waste  for  storage  and  disposal.  Considering  the  planned  shutdown  of  the  reprocessing 
facilities  in  the  United  Kingdom  by  2020  and  the  implications  of  Brexit,  after  2020  France 
will be the only Member State with an industrial policy on reprocessing domestically, while 
some other Member States are reprocessing fuel abroad and are considering doing so in the 
future. 

It  should  be  noted  that  most  Member  States  have  historically  developed  their  own 
classification systems while a few Member States with no nuclear programmes instead apply 
the International Atomic Energy Agency (IAEA) General Safety Guide GSG-112. In order to 
estimate  the  current  EU  inventory,  the  Commission  chose  to  translate  Member  States’  data 
into a common classification based on the IAEA standard. 

In  addition,  as  can  be  seen  in  the  Staff  Working  Document  on  the  EU  Inventory 
(SWD(2017)161), projections of radioactive waste inventories in Member States differ in the 
level of detail and time frames provided and several Member States have not provided any or 
sufficiently detailed estimates of their future inventory of spent fuel and/or radioactive waste, 
particularly regarding new builds and decommissioning. Therefore, it was not possible for the 
Commission to forecast future total EU inventories. 

Decommissioning of nuclear power plants will become an increasingly important activity for 
the European nuclear industry in the coming years due to the ageing of the reactor fleet, and 
investments  are  also  needed  to  replace  existing  nuclear  plants  as  was  demonstrated  in  the 
PINC.  This  will  have  an  important  impact  on  the  amounts  of  radioactive  waste  generated, 
especially very low level waste and low level waste, and should  thus, need  to  be taken into 
account when planning disposal and storage facilities. For intermediate level waste and high 
level  waste,  safe  and  responsible  management  is  challenging  in  terms  of  the  availability  of 
sufficient long-term storage capacity and the development of sustainable disposal solutions. 

The development of a comprehensive and up-to-date Member State’s inventory is the basis for 
national  programming,  cost  estimation  and  related  concepts  and  plans  for  the  safe  and 
responsible  management  of  spent  fuel  and  radioactive  waste.  Currently,  the  estimation  and 
presentation of a reliable EU wide inventory is challenging as most Member States use their 
own  classification  systems  and  a  harmonised  approach  is  not  addressed  explicitly  in  the 
Directive.  In  addition,  a  number  of  Member  States  have  not  reported  on  all  types  of 
radioactive waste, particularly radioactive waste originating from decommissioning and new 
builds, future forecasts and institutional waste. Therefore, in the next reporting cycle (i.e. in 
2018)  under  Article  14(1)  of  the  Directive,  the  Commission  intends  to  support  the  Member 
States in (i) further improving reporting of radioactive waste inventory data, providing e.g. a 
clear definition of the different sources of radioactive waste and their origins; and (ii) carrying 
out additional work on detailed and reliable projections. 

12  

‘Classification of Radioactive Waste’, General Safety Guide, IAEA, Vienna, 2009. 

7 

 
 
 
                                                 
3.  NATIONAL  POLICIES  AND  PROGRAMMES:  FROM  POLITICAL 

DECISIONS TO CONCRETE ACTIONS 

The development of a national policy is essential for the long-term safe management of spent 
fuel  and  radioactive  waste.  It  should  set  out  in  broad  terms  the  Member  States’  planned 
approach  to  managing  their  radioactive  waste  and  spent  fuel  inventory  from  generation  to 
disposal,  and  should  be  in  line  with  the  principles  identified  in  Article  4  of  the  Directive. 
National  policies  should  be  translated  into  concrete  plans  of  actions  in  the  Member  States’ 
national programmes. 

3.1   National policies 

All  but  one  Member  State  have  reported  to  the Commission  their  national  policies  either  in 
stand-alone  documents  or  reflected  in  their  national  framework  and/or  their  national 
programmes. 

Most Member States have established clear ultimate responsibility of the State for spent fuel 
and  radioactive  waste  management  in  line  with  Article  4(1)  of  the  Directive.  However,  in 
most cases limited information on the practical implementation of this responsibility has been 
provided and about a third of Member States have not addressed this aspect in their reports. 

Member  States’  policies  are  largely  in  line  with  the  principles  stated  in  Article  4(3)  of  the 
Directive.  In  general,  Member  States  require  in  their  legislation  that  these  principles  are 
adhered to in their policies. However, only about a third of the Member States’ policies are 
comprehensive  from  the  perspective  of  addressing  all  types  of  radioactive  waste  and  spent 
fuel, as well as all stages of their management. Overall, the principles of waste minimisation 
and  safety  demonstration  are  better  addressed  than  the  principles  of  applying  a  graded 
approach,  implementing  passive  safety  features  for  long-term  safety  and  taking  account  of 
interdependencies between spent fuel and radioactive waste management steps. 

The  majority  of  Member  States  acknowledge  their  responsibility  to  dispose  of  radioactive 
waste generated on their territory in line with Article 4 of the Directive, and no Member States 
have currently notified to the Commission agreements for the use of disposal facilities in third 
countries. The majority of Member States have legal requirements in place and, in line with 
Article  4(2)  of  the  Directive,  they  report  on  shipments  of  radioactive  waste  for  processing 
and/or spent fuel for reprocessing abroad. They recognise that responsibility for the disposal 
of the materials resulting from processing and reprocessing remains with the Member States 
from which the radioactive material was generated.13  

The  most  important  outstanding  issue  in  a  large  number  of  Member  States  with  regard  to 
national  policies  is  the  decision  on  the  long-term  management  of  intermediate  level  waste, 
high level waste and spent fuel, and specifically their disposal.14,15 Moreover, half of Member 

13   

14  

Storage  in  third  countries  is  in  line  with  the  Directive,  provided  that  the  responsibility  for  disposal  
remains  with  the  generating  Member  States  and  can  only  be  transferred  in  line  with  Article  4(4)  
of the Directive. 
The majority of Member States with research reactors intend to return spent fuel to the supplier (USA or 

8 

 
 
                                                 
 
States are considering the possibility of shared solutions for disposal either as a preferred or as 
an  alternative  option  (the  ‘dual  track’  approach16).  However,  none  of  the  Member  States’ 
programmes or reports set out concrete milestones or measures towards the implementation of 
such a solution17. 

While the Directive allows shared disposal solutions to be developed, a policy based only on 
this option, without a clear path towards implementation, cannot be regarded as being in line 
with  the  aims  of  the  Directive.  The  Commission  sees  important  challenges  in  putting 
shared solutions  into  practice.  As is  the case for the development of any disposal facility, 
engagement with all stakeholders and the public, and commitment at the highest political level 
are  needed.18  As  stated  in  the  Directive  and  also  acknowledged  by  the  European  Court  of 
Auditors,19 the sharing of disposal facilities is a potentially beneficial, safe and cost-effective 
option. Therefore, the Commission will support the Member States in assessing the economic, 
legal and social impacts of shared repositories and launching a debate on the matter, in order 
to assess feasibility and Member States’ readiness to implement this disposal option. 

3.2   National programmes 

All Member States except one have submitted their national programmes, either in final or 
draft  form,  with  the  most  recent  submission  in  September  2016.  The  majority  of  Member 
States’ programmes are recent and were adopted in the 2015-2016 period, while two Member 
States’ programmes were adopted in 2006.20  

Overall,  the  Commission  notes  a  varying  degree  of  detail  in  the  different  national 
programmes. Only a few Member States have programmes that address all types of spent fuel 
and radioactive waste including detailed plans for all management steps (from generation to 
disposal) in line with Article 11(1) of the Directive, the main issue being again the disposal 
step.21  

15  

16  

17  

18  

19  

20  

21  

Russian Federation) before 2020, although for a number of training and research reactors a long-term 
management route for spent fuel (for example disposal) has not yet been defined. 
A few Member States with defined policies recognise the need to find technical solutions for the long-
term management of special radioactive waste (e.g. exotic waste from research). These Member States 
reported that they have ongoing or planned research activities to address this need. 
In  this  case,  Member  States  are  continuing  with  the  development  and  implementation  of  their  own 
national programmes, while leaving open the option of a shared solution. 
Luxembourg and Belgium have signed an agreement in 2016 for shipment to and disposal of relatively 
small amounts of radioactive waste in Belgium. 
This  is  specifically  relevant  for  selecting  the  host  country  and  site,  defining  clear  milestones  towards 
implementation,  determining  specific  responsibilities  over  the  lifetime  of  the  facility  and  for  the 
associated liabilities. 
Special report No 22/2016: EU nuclear decommissioning assistance programmes in Lithuania, Bulgaria 
and Slovakia: some progress made since 2011, but critical challenges ahead. 
Slovenia  submitted  an  updated  national  programme  on  30 September  2016  —  Slovenia’s  2006 
programme was used for the purposes of this report, as the analysis of the updated programme is still 
ongoing. Spain’s notification of its revised national programme is still pending. 
It  is  recognised  that  this  also  includes  the  issue  of  certain  types  of  exotic  and  remediation  waste  on 
which the Member States concerned are expected to make decisions soon. 

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Disposal of intermediate level waste, high level waste and spent fuel 

For the disposal of intermediate level waste, high level waste and spent fuel, the concepts 
for disposal as per Article 12(1)d of the Directive (e.g. site selection, development of design) 
are not concrete in most of the Member States, often due to the need for policy decisions to be 
made or sites to be selected.22 Of the Member States that are planning to develop geological 
disposal  facilities  in  the  coming  decades,  only  Finland,  France  and  Sweden  have  so  far 
selected  sites,  demonstrating  the  challenges  of  moving  from  the  planning  stage  to  practical 
implementation.  Globally,  Finland  is  the  first  country  where  the  construction  of  a  deep 
geological  facility  has  begun  and  is  expected  to  be  in  operation  by  2022,  with  France  and 
Sweden expected to start operation by 2030 (see Figure 2). Another 12 Member States have 
plans  for  a  deep  geological  repository  and  are  at  different  stages  of  implementation.  The 
majority of Member States without nuclear programmes cover activities up to interim storage 
and repatriation of spent fuel (if relevant) to the supplier in their national programme and have 
not yet defined a policy or a route for the disposal of radioactive waste. 

Figure 2. Planned start of operation of deep geological facilities 

Concrete  planning  to  develop  long-term  solutions  for  high  level  waste,  intermediate  level 
waste  and  spent  fuel  management,  including  research,  development  and  demonstration 
activities should be put in place in all Member States as soon as possible to avoid placing an 
undue  burden  on  future  generations.  Member  States  without  such  concrete  plans  in  their 
programme  at  the  moment  should  ensure  sufficient  available  storage  capacities  remain  in 
place in order to continue to safely manage their inventories. From this perspective, Member 
States’ reporting does not always clearly demonstrate how the interdependencies between the 
generation  of  radioactive  waste  and  spent  fuel  on  the  one  hand,  and  their  capacities  for 
processing, storage and disposal (incl. for spent fuel and radioactive waste from new builds) 
on the other, are taken into account in practice. Member States should pay additional attention 
to this point in the review of their national programmes, and should report on it in the future. 

With regard to Member States that do have concrete plans in their national programmes  for 
the disposal of high level waste, intermediate level waste and spent fuel, the Commission sees 
the need for further discussion, as it is not always clear how these Member States demonstrate 
that they have taken reasonable steps to ensure progress and to avoid placing an undue burden 
on future generations. The Commission will pay particular attention to compliance with this 

22  

See Table 7 of the Commission Staff Working Document (2017)159 on Progress of Implementation of 
Council Directive 2011/70/Euratom.  

10 

 
 
 
                                                 
principle in its opinions on the individual Member States’ national programmes. It will focus 
on  the  proposed  time  frames  for  developing  solutions  as  these  appear  in  some  cases  to  be 
unduly long for certain milestones, such as those for site selection. Site selection for disposal 
facilities is a demanding and long process, where public participation in the decision making 
process  are  essential  to  making  progress.  As  such,  all  Member  States  should  optimise 
planning,  commit  adequate  resources,  perform  the  necessary  research  and  training  activities 
and engage with the public and other stakeholders in order to accelerate implementation. 

Disposal of very low level waste and low level waste 

In  relation  to  the  disposal  of  very  low  level  waste  and  low  level  waste,  the  Commission 
notes  that  most  Member  States  with  nuclear  programmes  have  formulated  solutions  for 
handling  their  very  low  level  waste  and  low  level  waste  and  they  are  progressing  with  the 
implementation  of  these  solutions.  However,  this  remains  a  challenge  in  several  Member 
States.  To  date,  over  30  disposal  facilities  have  been  developed  in  12 Member  States  and 
about  half  of  all  Member  States  are  planning  to  build  new  disposal  facilities23  in  the  next 
decade.  The  remaining  Member  States  either  do  not  have  plans  or  are  relying  on  shared 
solutions.  In  most  of  the  Member  States  with  research reactors  or  non-nuclear  programmes, 
the  disposal  options  for  radioactive  waste  are  only  at  a  conceptual  stage  and  the  pertinent 
research and siting activities have been postponed – in some cases for several decades. A few 
Member  States  are  also  planning  the  remediation  of  existing  disposal  facilities  and 
contaminated sites. 

Monitor progress towards implementation 

With regard to the overall national programmes, only about a third of the Member States have 
defined  clear  and  detailed  milestones  and  time  frames  for  reaching  their  objectives,  as 
required by Article 12(1)(b) of the Directive. In the remaining cases, long-term milestones or 
schedules have not been clearly presented for the whole programme, decision-making points 
have  not  been  presented,  decisions  have  been  postponed  to  the  future,  or  the  schedules 
the  overall  timescales  vary  between  national 
indicated  were  out-of-date.  Although 
programmes,  this  can  be  explained  in  part  by  the  scope  and  scale  of  the  inventories  and 
associated  activities.  The  programmes  include  measures  that  span  from  now  up  to  the  24th 
century (incl. post-closure periods). 

Most  Member  States  have  not  clearly  defined  key  performance  indicators  for  monitoring 
progress towards implementation of the national programmes as required by Article 12(1)(g) 
of the Directive. Moreover, the majority of Member States need to specify further how they 
plan  to  implement  the  results  from  monitoring  their  programme’s  implementation  when 
reviewing and updating their programmes. 

23  

See  Table 8 of  Commission Staff Working  Document  SWD(2017)159 Progress of Implementation  of 
Council Directive 2011/70/Euratom.  

11 

 
 
 
 
                                                 
Post-closure period of disposal facilities 

According  to  Article  12(1)e  of  the  Directive,  Member  States  are  to  define  the  concepts  or 
plans for the post-closure period of a disposal facility’s lifetime, including the period during 
which appropriate controls are retained and the means to be employed to preserve knowledge 
of that facility in the longer term. Of the Member States with nuclear programmes, only a few 
have  presented  detailed  post-closure  plans  mainly  for  near-surface  disposal  facilities  while 
post-closure measures for deep geological facilities are either not foreseen or not addressed. 
Information  on  the  Member  States’  approach  towards  preservation  of  knowledge  after  the 
closure of disposal facilities is limited in most of the national programmes. This is an area that 
Member States should develop further in their national programmes. 

Research, development and demonstration activities 

In  line  with  Article  12(1)(f)  of  the  Directive,  Member  States  are  to  define  the  research, 
development and demonstration activities needed for the implementation of their national 
programmes.  As  such,  there  should  be  a  clear  link  between  the  national  research 
activities/time  frames  and  the  concept,  plans,  and  milestones  defined  in  the  programmes. 
Overall,  most  Member  States  with  nuclear  programmes  reported  on  their  research  activities 
needs. Four Member States operate five underground research laboratories for spent fuel, high 
level  waste  and  intermediate  level  waste  disposal  and  four  more  plan  to  develop  such 
laboratories  after  2020.  The  majority  of  research  activities  are  undertaken  by  the  licensee 
and/or  dedicated  research  organisations.  However,  the  link  between  the  research  activities 
presented  in  the  national  programmes  and  how  they  support  in  practical  terms  the 
implementation  of  these  programmes  was  mostly  not  addressed  in  detail  by  the  majority  of 
Member  States.  Member  States  involved  in  European  research  initiatives  (e.g.  the 
Implementing  Geological  Disposal  of  Radioactive  Waste  Technology  Platform24)  should 
explain  how  these  projects  support  in  practical  terms  the  implementation  of  their  national 
programmes.  Member  States  with  research  reactors  also  addressed  the  research  and 
development measures needed to implement their programmes, but clear roadmap/milestones 
for research on final disposal were often not in place. All other Member States did not report 
on  the  research  activities  needed  for  their  nuclear  programmes.  Mostly,  these  programmes 
rely on shared disposal solutions. 

Agreements with other Member States or third countries 

Finally, only a few Member States submitted their agreement(s) with other Member States 
or third countries in line with Article 12(1)(k) of the Directive. The Commission notes that 
in  order  to  be  consistent  with  the  notifications  on  shipments  of  spent  fuel  and  radioactive 
waste under Article 20 of the Directive 2006/117/Euratom25 (e.g. for the 2012-2014 period), a 
number of Member States are still to notify their existing agreements to the Commission. The 
Commission is in dialogue with the Member States concerned to clarify this matter. 

24  
25  

http://www.igdtp.eu/ 
Council Directive 2006/117/Euratom of 20 November 2006 on the supervision and control of shipments 
of radioactive waste and spent fuel. 

12 

 
 
                                                 
4.   NATIONAL  FRAMEWORKS  ASSURING  SAFE  SPENT  FUEL  AND 

RADIOACTIVE WASTE MANAGEMENT 

Member  States  are  required  to  establish  and  maintain  a  national  legislative,  regulatory  and 
organisational  framework  (‘national  framework’)  for  spent  fuel  and  radioactive  waste 
management  that  allocates  responsibility  and  provides  for  coordination  between  relevant 
competent bodies (Article 5(1) of the Directive). 

Member  States  have  presented  the  legal  arrangements  for  the  national  framework,  however 
only in a few cases the national reports provide details on how those legal provisions are to be 
implemented  in  practice.  The  national  frameworks  generally  cover  all  types  of  radioactive 
waste in the scope of the respective national programmes, and all stages of its management. 

Overall, Member States have put in place arrangements for safety and licensing systems with 
various  levels  of  complexity  and  have  defined  the  organisations  responsible  for  the 
implementation  of  the  different  radioactive  waste  management  activities  and  for  regulatory 
oversight in line with Article 5(1) of the Directive. The majority of Member States have also 
established  a  dedicated  radioactive  waste  management  organisation  (in  most  cases  State-
owned). 

For Member States without a nuclear programme the national framework contains legal and 
regulatory  provisions  mainly  for  predisposal  management  commensurate  with  the  type  and 
amount of waste that they generate. 

Most  of  the  Member  States  require  that  the  national  framework  is  continually  updated  and 
improved,  as  per  Article  5(2)  of  the  Directive,  and  have  established  the  responsibilities  for 
that.  About  half  of  Member  States’  national  reports  include  details  of  how  they  intend  to 
review  the  national  framework,  taking  into  account  operating  experience,  insights  from  the 
decision-making process and the development of technology and research, in line with Article 
5(2)  of  the  Directive.  The  rest  either  refer  to  the  requirements  established  by  the  law  or 
regulations, without providing additional details, or do not provide such information. 

4.1.   Competent regulatory authorities 

All Member States report having a competent regulatory authority, in line with Article 6(1) of 
the  Directive.  Some  Member  States  have  more  than  one  organisation  involved  in  the 
regulatory oversight of radioactive waste from nuclear and other facilities, such as medical or 
industrial activities. In a few cases, the interface and responsibilities of these regulatory bodies 
will need to be further clarified with the Member States. 

All  Member  States  have  declared  their  regulatory  authorities  to  be  independent  in  line  with 
Article 6(2) of the Directive. In a few cases, it was further reported how such independence 
was  ensured  in  practice  (for  example  by  explaining  how  the  management  of  the  regulatory 
authority was appointed or dismissed). In a number of cases, the Commission needs to further 
clarify how the effective separation of supervisory functions from radioactive waste and spent 
fuel management activities is ensured. 

13 

 
 
 
 
Member  States  reported  with  varying  levels  of  detail  on  the  legal  powers  and  financial  and 
human  resources  available  to  the  competent  regulatory  authority  for  carrying  out  their 
responsibilities in line with Article 6(3) of the Directive. Around a third of EU Member States 
chose  to  empower  the  competent  authorities  to  carry  out  their  own  research  programmes 
(including  funding)  that  support  the  independent  regulatory  oversight  of  spent  fuel  and 
radioactive  waste  management.  The  Commission  notes  that  a  few  Member  States  reported 
limitations  in  budget  and/or  human  resources  and  challenges  with  respect  to  maintaining 
adequate human resources for the long timescales associated with radioactive waste and spent 
fuel management.  

4.2.   Licence holder’s responsibilities, including safety demonstration and safety review 

All Member States reported legal measures to ensure that the primary responsibility for spent 
fuel and radioactive waste management rests with the license holder, in line with Article 7(1) 
of the Directive. 

The  majority  of  Member  States  presented  their  legal  basis  and  the  provisions  they  have  in 
place to require the license holder to perform a safety demonstration of radioactive waste and 
spent  fuel  management  activities  or  facilities  and  regular  safety  reviews  in  line  with 
Articles 7(2) and 7(3) of the Directive. However, only in some cases examples of how these 
provisions  have  been  applied  in  practice  were  provided  in  their  national  reports.  Therefore, 
Member  States  should  provide  further  information  on  safety  demonstrations  of  existing  and 
planned facilities, on regular safety reviews and on how their findings are taken into account 
in subsequent reports. 

The majority of Member States have reported legal requirements for integrated management 
systems or quality assurance for spent fuel and radioactive waste management that give due 
priority  to  safety.  The  Commission  notes  that  a  few  Member  States  have  not  addressed 
management systems in their reports. This should be corrected in future reports. 

Overall, Member States have established legal requirements on licence holders to provide for 
and  maintain  adequate  financial  and  human  resources  to  fulfil  their  obligations  for  the  safe 
management of spent fuel and radioactive waste, in line with Article 7(5) of the Directive. The 
majority  of  Member  States  with  nuclear  programmes  state  that  the  resources  currently 
available  are  adequate,  whereas  limited  or  no  information  has  been  provided  by  Member 
States without nuclear programmes. Therefore, further details on the licensees’ financial and 
human resources should be presented in the next reporting cycle. 

4.3.   Expertise and skills 

The  majority  of  Member  States  have  legal  requirements  in  place  to  ensure  the  training  and 
education of staff of all parties involved in spent fuel and radioactive waste management, in 
line with Article 8 of the Directive. About half of Member States (mainly those with nuclear 
programmes) have presented specific measures for maintaining the skills and competences of 
generators of spent fuel and radioactive waste, operators of radioactive waste and spent fuel 
management  facilities  and  competent  regulatory  authorities,  although  the  emphasis  was 
mostly on competent regulatory authorities. International exchange of experience through peer 
reviews, workshops, conferences and visits has been recognised as a useful tool. 

14 

 
 
Overall,  in  future  reports  Member  States  should  present  more  detailed  and  comprehensive 
information  on  the  practical  arrangements  for  ensuring  the  necessary  expertise  and  skills  of 
staff of all parties involved in spent fuel and radioactive waste management. Specific attention 
should be paid to how these take into account the long timescales associated with the national 
programmes  so  as  to  ensure  the  retention  of  knowledge  and  the  availability  of  adequately 
trained and competent staff (regulators, licensees, etc.) for the effective implementation of the 
national programmes. 

4.4.   Cost assessment, financing mechanisms and available resources 

The  Commission,  through  the  PINC  and  the  Member  States’  programmes  and  reports  on 
implementation  of  this  Directive,  aimed  to  compile  for  the  first  time  a  comprehensive  EU-
wide overview of the total costs of radioactive waste and spent fuel management as estimated 
by  Member  States.  It  also  aimed  to  better  understand  how  Member  States  ensure  that  these 
activities are financed according to the principle that those who generate radioactive waste or 
spent fuel are to bear the costs of their management (see Article 4(3) of the Directive). 

Article  12(1)(h)  of  the  Directive  requires  Member  States  to  present  an  assessment  of  the 
national  programme  costs,  basis  and  profile  over  time.  Although  most  Member  States  have 
estimated the global costs of the actions that are included in their national programmes, in the 
majority  of  cases  this  information  is  not  sufficient  to  conclude  on  the  completeness  and 
accuracy of the figures reported. Some Member States need to demonstrate ownership of the 
cost assessments of their national programmes, as they appear currently to rely mostly on the 
spent fuel and radioactive waste generators’ cost assessments. 

Based  on  the  reported  data,  the  estimated  total  cost  of  the  management  of  spent  fuel  and 
radioactive  waste  in  line  with  the  Member  States’  national  programmes  to  date  is  about 
EUR 400 bn.26,27 A significant part of this figure stems from the national programmes of the 
United  Kingdom,  France  and  Germany  as  these  Member  States  have  the  largest  nuclear 
programmes and inventories of spent fuel and radioactive waste in the EU. 

In  order  to  be  able  to  conclude  that  the  reported  figures  are  accurate  and  complete,  the 
national  programmes  should  be  revised  to  include  for  example,  assumptions  for  the 
predisposal and disposal of radioactive waste and spent fuel, including the unit costs per type 
of radioactive waste/spent fuel, the cost of the existing and planned facilities, transportation 
and research costs and a sensitivity analysis linked to different possible operational lifetimes 
of the existing/planned nuclear facilities and other uncertainties in the national programmes, 
as applicable. 

In line with Articles 12(1)(i), 9 and 5(1)(h) of the Directive, Member States are required to put 

26  

27  

Compared to the estimates released under PINC, this estimate takes into account investments that will  
be made beyond 2050 and covers a broader range of installations (other than nuclear power plants) and  
additional activities included in the national programs (such as remediation of contaminated sites). 
See detail per Member State in the Staff Working Document (2017)159 on Progress of Implementation 
of Council Directive 2011/70/Euratom. The data have not been verified by the Commission. 

15 

 
 
                                                 
  
  
in  place  financing  mechanisms  that  ensure  adequate  financial  resources  are  available  when 
needed  for  the  implementation  of  their  national  programme.  Although  most  Member  States 
referred to their financing mechanisms, the information provided is in most cases insufficient 
to draw conclusions on their compliance with the relevant provisions of the Directive. 

Member States’ national programmes should provide analysis of the planned income from and 
disbursement of funding over the life time of the programme, at a minimum assessing whether 
expected  incomes  are  sufficient.  Such  analysis  has  only  been  provided  in  the  national 
programmes  of  a  few  Member  States.  A  few  Member  States  reported  that  the  mechanisms 
they  have  in  place  will  not  be  adequate  in  order  to  ensure  that  funds  are  available  when 
needed, and/or declared dependence on possible future EU funding. 

The  Commission  has  reviewed  the  measures  implemented  to  ensure  that  the  available 
resources  are  secured.  This  includes  ensuring  the  funds  are  used  only  for  their  intended 
purpose, managing a secure risk profile in the investment of the assets and  requiring regular 
independent verification of the costs assessment and funding mechanisms. The  Commission 
notes  that  there  are  significant  differences  between  Member  States  in  this  regard,  and  that 
future reports should address this issue in more detail. 

The Commission therefore considers that further information and analysis is required, and is 
in the process of clarifying these specific issues with the Member States in line with Article 
13 of the Directive. 

4.5.   Transparency 

The majority of Member  States  have mechanisms  in  place to  ensure public information and 
opportunities  for  public  consultation  in  line  with  Article  10  of  the  Directive  (e.g.  in  the 
framework  of  strategic  environmental  assessment  and  environmental  impact  assessment 
procedures).  Almost  all  Member  States  have  clearly  indicated  that  the  national  competent 
regulatory  authority  is  responsible  for  providing  information  to  the  public  in  the  field  of  its 
competence in spent fuel and radioactive waste management. 

However, about half of the Member States have not reported on the mechanisms in place to 
ensure public participation in the decision-making process beyond public consultation, such as 
working groups, advisory bodies or national commissions. Member States should in the future 
present or explain further the extent of public involvement in the decision-making process for 
spent fuel and radioactive waste management. 

4.6.   Self-assessment and international peer reviews 

Most  Member  States  have  provided  information  on  self-assessments  and  international  peer 
reviews  of  the  regulatory  authorities  (IAEA  IRRS  missions),28  but  only  a  few  of  these 
Member  States  reported  details  of  outcomes  and  follow-up  actions  as  required  by  Article 
14(3) of the Directive. 

28  

Integrated Regulatory Review Service of the International Atomic Energy Agency. 

16 

 
 
                                                 
For self-assessments and peer reviews of the national programmes and national frameworks, 
only  a  third  of  the  Member  States  and  less  than  half  of  the  Member  States  with  nuclear 
programme have reported concrete plans for such international peer reviews (i.e. ARTEMIS29 
or similar). Taking into account the obligation to conduct these reviews at the latest by August 
2023, Member States should put necessary measures in place for a timely implementation. 

5.   MOVING FORWARD 

The  Commission  recognises  Member  States’  efforts  in  implementing  the  Directive  and 
encourages  Member  States  to  continue  these  efforts  in  the  future.  Having  reviewed  the 
national  reports,  as  well  as  the  national  policies,  frameworks  and  programmes  submitted  to 
date, the Commission concludes that there is, in general, a good level of compliance with the 
Directive in terms of the legal and regulatory framework. However, additional effort is needed 
in a number of areas, in particular with respect to policies, concepts, plans, research and site 
selection  for  intermediate  level  waste  and  high  level  waste  (including  spent  fuel)  disposal, 
projections of inventories for spent fuel and radioactive waste, cost assessments and financing 
mechanisms.  Deciding  on  the  development  of  geological  disposal  facilities,  and  specifically 
on  their  location,  is  a  complex,  long-term  process  in  which  continuous  efforts  towards 
transparency and public participation play an essential role. Member States should engage in 
this process without delay. 

The Commission notes that Member States were at different stages of implementation of their 
spent fuel and  radioactive waste  management  activities  when the Directive came into force. 
While  this  can  explain  the  differences  between  Member  States  in  terms  of  the  stage  of 
implementation  they  are  at,  planning  should  not  be  delayed  and  implementation  must  move 
forward. 

The Commission has requested clarifications to Member States and may express its opinion 
on whether the content of the individual national programmes is in accordance with Article 12 
of the Directive, focusing, among other things, on the following: 

−  Whether policies, concepts and plans for the disposal of radioactive waste (in particular 
intermediate level waste and high level waste) and spent fuel are in place, accompanied 
by milestones, time frames and key performance indicators to monitor progress towards 
the implementation.  

−  Whether  policies  for  shared  disposal  solutions  are  accompanied  by  a  demonstration  of 

their feasibility, including site-specific matters. 

−  Whether cost assessments are reliable, complete and reviewed periodically. 

29  

Since  2014,  the  Commission  has  been  supporting  the  development  of  a  self-assessment  tool  by  the 
IAEA  for  the  ARTEMIS  review  service  to  assist  those  Member  States  that  decide  to  use  this 
international peer review service. 

17 

 
 
 
 
 
 
                                                 
−  The independence and resource sufficiency of the competent authorities. 

−  Information  on  safety  demonstrations  for  existing  facilities  and  frequency  of  safety 

reviews. 

−  Suitability of measures for post-closure and for the retention of knowledge to ensure long-

term safety, as well as for the availability of properly trained and competent staff. 

6.  CONCLUSIONS 

The EU nuclear legal framework has undergone significant changes in the last decade with the 
adoption  of  legislation  on  nuclear  safety,  radioactive  waste  and  spent  fuel  management  and 
radiation  protection.  Through  the  implementation  of  Directive  2011/70/Euratom,  Member 
States  are  required  to  demonstrate  that  they  have  taken  reasonable  steps  to  ensure  that  no 
undue  burden  is  passed  to  future  generations  and  that  radioactive  waste  and  spent  fuel  is 
managed safely. 

The  Commission  will  continue  supporting  Member  States  in  addressing  the  relevant 
challenges as follows: 

−  Discussion on options for radioactive waste and spent fuel disposal, including shared 
solutions  and  the  role  of  public  participation  in  the  decision-making  process.  The 
Commission  stands  ready  to  support  the  Member  States  in  assessing  the  economic, 
legal and social impacts of shared repositories, given that the sharing of facilities for 
spent fuel and radioactive waste management, including disposal facilities, may be a 
potentially beneficial, safe and cost-effective option. 

−  The  Commission  will  carry  out  additional  work  with  the  aim  of  compiling  a 
comprehensive overview of the total costs for spent fuel and waste management and 
how Member States ensure that these are financed  according to the principle that all 
generators  are  to  cover  the  costs  of  the  management  of  spent  fuel  and  radioactive 
waste (from generation to disposal). This work will be performed in collaboration with 
the Decommissioning Funding Group and build on the recommendations already made 
by the Commission in 2006.30 

−  The Commission will further analyse Member States’ approaches to the development 
of  national  inventories  and  specifically  the  classification  system  used  therein.  In 
addition,  the  Commission,  in  consultation  with  Member  States  and  the  European 
Nuclear  Safety  Regulators  Group,  will  continue  working  together  with  international 
organisations (e.g. the IAEA and the OECD Nuclear Energy Agency) on exploring the 
possibilities  for  harmonising  and  facilitating  reporting  requirements  for  Member 

30  

Commission Recommendation 2006/851/Euratom of 24 October 2006 on the management of financial 
resources for the decommissioning of nuclear installations, spent fuel and radioactive waste. 

18 

 
 
 
 
 
 
 
                                                 
States’ inventories for spent fuel and radioactive waste. 

The  Commission  acknowledges  that  there  is  still  important  work  ahead  to  ensure  the  long-
term safe and responsible management of radioactive waste and spent fuel. In this regard, the 
periodic  international  peer  reviews  of  the  national  programmes,  frameworks  and  competent 
regulatory authorities are of high importance in building stakeholders’ trust and confidence in 
the management of these materials in the EU. The Commission will continue to promote an 
open and transparent dialogue and facilitate the exchange of good practices and knowledge.  

19