CELEX: 51988PC0809
Language: en
Date: 1988-12-22
Title: Amended Proposal for a COUNCIL DIRECTIVE on informing the population about health protection measures to be applied and steps to be taken in the event of a radiological emergency (presented by the Commission)

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COM (88) 809
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                               COM(88 ) 809 final
                                               Brussels , 22 December 1988
                          Amended Proposai for a
                             COUNCIL DIRECTIVE
  on informing the population about health protection measures to be
     applied and steps to be taken in the event of a radiological
                                 emergency
                                              :j               ^    vs
                                                                    V- •
                      (presented by the Commission )     V          f
                                                                  -Oy
                                                       gravis;
 ---pagebreak---                                           2 -
                             Explanatory memorandum
1. Article 2(b ) of the Euratom treaty provides that one of the main tasks of
   the Community shall be to establish uniform safety standards to protect
   the health of workers and of the general public and ensure that they are
   applied . Chapter III of the Euratom Treaty deals with health and safety ,
   and it is by virtue of the provisions of Chapter III that , since 1959 , the
   Council has adopted a series of directives laying down basic safety
   standards for the health protection of the general public and of workers
   against the dangers of ionizing radiation .       The basic standards currently
   in force are defined in the Council Directive of 15 July 1980
   ( 80/836 / Euratom) as amended by the Council Directive of 3 September 1984
   ( 84 / 467 / Euratom ) .
2. The Chernobyl accident led the Community to review in depth the health
   protection of the public in the event of a radiological emergency . It
   made it clear that , where potential exposure to radioactivity is
   concerned , the entire population of the Community lives in fact in the
   vicinity of a nuclear power station - although in the ; case of the
   Chernobyl accident the power station was about 1 000 ka distant from the
   nearest Community territory .
   furthermore , this accident demonstrated the inadequacy of existing
   legislation concerning the health protection of the public against the
   dangers of ionizing radiation : prevention measures must be taken to
   protect the public in the event of a radiological emergency .
3. This event has also undermined public confidence in the nuclear industry
   at a time when Community citizens are attaching ever increasing importance
   to health and safety and environmental protection . Public opinion is
   increasingly concerned about the risk to public health arising out of
   industrial activity and in particular the risks attached to the nuclear
   industry .
   For these reasons , it is essential to widen Community policy on the
   radiological protection of citizens by including preventive measures of
   public information .
4. Furthermore , the Chernobyl accident highlighted the inadequacy of the
   Directive laying down the basic safety standards for radiation protection
   ( 80 / 836 / Euratom ).  Title VII of the Directive , laying down the fundamental
   principles governing the practical protection of the population ,
   stipulates in Article 45 ( 4 ) ( a ), that " in the event of accidents , each
   Member State shall stipulate intervention levels and the measures to be
   taken by the competent authority with respect to the population groups
   that are liable to receive a dose in excess of the dose limit laid down in
   Article 12 " of the Directive .      Article 43 of the said Directive also
   provides for : "whenever necessary , the establishment of emergency plans
   and their approval".
     Thus , while the Directive provides for emergency measures with regard to
     certain population groups , it contains no specific provisions for
     informing the public in the event of an accident .
 ---pagebreak---                                           - 3 -
  5 . The history and rr.ethodoi.og / of safety practices in tne nuclear
        and chemical industries have developed along different paths .
        Nevertheless , the comparison of the Community 's approaches to
        safety in the two industries has drawn attention to the fact
        that some aspects of safety in the chemical industry could be
        applied in the nuclear industry . More specifically the Commu¬
        nity provisions concerning information in the case of an
        accident in the chemical industry ( established under Directive
        82 / 501 / EEC ) do not have any analogue in the existing basic
        safety standards for the nuclear industry .
  6 . In its report in reply to questions from the European Parliament on 10
       September 19S6 relating to the Chernobyl accident , the Article 31 Group of
       Experts recogni.zed " that a large amount of distorted , misleading and
       sometimes false information reached the public through the mass media ,
       arising from hasty attempts to oversimplify a difficult and complex topic ".
  7 . Likewise in this report the Group of Experts considered that a public
       information programme should be envisaged : " the group believes that a
       wider awareness of the basic safety standards and of the work of the
       inspectorate is necessary to convince the public that these standards and
       their incorporation into legislation and radiation practices are
       effective ".
 8 . In its Communication to the Council on "the development of Community
      measures for appplication of Chapter III of the Buratom Treaty "Health and
      Safety" of 20 August 1986 ( COM ( 86 ) 434 final ), the Commission has agraed
      to consider what measures it can adopt to increase information to the
      public ( Point 52 ) .
 9 . The Council Decision of 14 December 1987 ( 87 / 600 /Kuratom) , on Community
      arrangements for the early exchange of information in the event of a
      radiological emergency , is a first step towards attaining this objective :
      Article 3 of this Decision , which details the information to be supplied
      by the Member State concerned to the Commission and to the Member States
      which are or are likely to be , effected , refers in point b to "the
      measures taken or planned to inform the public".
10 . The Commission , aware of the importance of informing the public , has
     created a Standing Conference on Health and Safety in the Nuclear Age .
     More than 120 delegates from scientific circles , ecological groups ,
     consumer bodies , the mass media and professional bodies attended the first
     meeting of this Conference held in Luxembourg from 5-7 October 1987 .
     This meeting proved useful in that it provided an international forum for
     the exchange of experiences and views on the question of informing the
     public and the media about safety and health protection in the context of
     nuclear activities .
 ---pagebreak--- 11 . A major large scale and on-going information programme is necessary to
      avoid misunderstanding and unnecessary concern . Consequently , the public
      in question must be kept informed on a permanent basis , particularly in
      the following two contexts :
     - during the entire period of enforcement of the regulations permitting
         the introduction and application of emergency measures , the public in
         question must be supplied , in an appropriate manner , with general
         information on the radioactivity and the radiological emergencies
         envisaged , and with more specific information on emergency health
         protection measures and evacuation plans .
     -   Furthermore , in the actual event of a radiological emergency the public
         in question should receive appropriate information immediately , and
         repeatedly thereafter , on the radioactivity , the radiological emergency
         situation and its development , the public emergency measures adopted
         and the action to be taken .
12 . A Community instrument is only justified if it improves an existing
     situation . The Commission considers that the draft Directive supplements
     the Council Directive of IS July 1980 laying down the basic safety
     standards for the health protection of the general public and workers
     against the dangers of ionizing radiation , in that the solution proposed
     involves the obligation to inform the population , as a preventive measure ,
     of the radiation protection measures applicable in the event of a
     radiological emergency . This represents a new principle in practical
     radiation protection for the population .
13 . Since the legal basis for this draft Directive is Article 31 of the
     Euratom Treaty , there has been prior consultation with the Article 31
     Group of Experts . The opinions expressed by this Group of Experts have
     duly been taken into consideration .
14 . Acceptance of the nuclear industry by European Community citizens depends
     on their knowing that they and their environment are suitably protected
     against the dangers of radiation : objective information on the effect on
     health and the precautionary health prdtechion measures relating to them
     taken in the event of a radiological emergency can help on the one hand to
     encourage responsible conduct and self-protection in such situations , and
     on the other hand preserve public confidence .
 ---pagebreak---                                     COUNCIL DIRECTIVE
                              on informing the population
                         about the health protection measures
                          applicable and what action to take
                       in the event of a radiological emergency
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Atomic Energy Community ,
and in particular Article 31 thereof ,
Having regard to the proposal from the Commission , established following
consultation with a group of persons appointed by the Scientific and Technical
Committee ,
Having regard to the opinion of the European Parliament ,
Having regard to the opinion of the Economic and Social Committee ,
Whereas Article 2(b ) of the Treaty lays down that the Community shall
establish uniform safety standards to protect the health of workers and of the
general public ;
Whereas , on 2 February 1959 , the Council adopted Directives laying down the
basic safety standards for the health protection of the general public and
workers against the dangers of ionizing radiation ( 1 ), most recently amended
by Directive 80/ 836 / Euratom ( 2 ) and Directive 84 / 467 / Buratom ( 3 );
Whereas , under the terms of Article 24 of Directive 80 / 836 / Euratom , all Member
States must ensure that exposed workers receive adequate information on
radiation protection ;
 ( 1 ) OJ No 11 of 20.2.1959 , p. 221 / 59
 ( 2 ) OJ No L 246 of 17.9.1980 , p. 1
 ( 3 ) OJ No L 265 of 5.10.1984 , p. 4
 ---pagebreak---                                             - 6 -
  Whereas , under the terms of Article 45 ( 4 ) of the said Directive , each Member
  State must , in the event of an accident , stipulate the intervention levels and
  measures to be taken by the competent authorities and the necessary resources
  both in personnel and equipment to enable action to be taken to safeguard and
  maintain the health of the population ;
  Whereas Article 33 of the Treaty provides that , in cases of urgency , the
  Commission shall issue a directive requiring the Member State concerned to
  take all necessary measures to prevent infringement of the basic standards ;
 Whereas , under the terms of Article 6 ( 2 ) of Directive 85 / 337 /EEC ( 4 ), Member
  States must ensure that information on the measures planned to avoid and
  reduce the significant adverse effects of nuclear power stations and other
  nuclear reactors , in particular on the population , is made available to the
 public before the projects are initiated ;
 Whereas some Member States have already concluded bilateral agreements on
 information , coordination and mutual assistance in the event of a nuclear
 accident ;
 Whereas all Member States have signed the Internatinal Atomic Energy Agency
 ( IAEA ) Convention on early notification of a nuclear accident and some have
 signed the IAEA Convention on assistance in the event of a nuclear accident or
 radiological emergency ;
 Whereas    the  Council  Decision  ( 87 / 600 / Euratom ) of 14 December     1987 on
 Community arrangements for the early exchange of information in the event
 of a radiological emergency ( 5 ) requires all Member States which decide to
 take emergency measures to protect the population , either as a result of
 abnormally high levels of radioactivity in the environment , or following
 an accident involving an actual or potential substantial release of
 radioactive material , to notify the Commission and the Member States which
 are, or are likely to be , affected , of the protective measures which they
 have taken or planned and also of any measures which they have taken or
 planned to inform the public ;
( 4 ) OJ Mo L 175 of 5.7.1985 , p. 40
( 5 ) OJ No 371 of 30.12.1987 , p. 76
 ---pagebreak--- Whereas , in the event of an accident in a nuclear installation in a Member
State , the population living in the vicinity of the installation should be
prevented from taking inappropriate action likely to reduce the effectiveness
of the emergency measures taken or planned ;
Whereas the population likely to be directly affected should therefore be
given in advance appropriate information on the planned health protection
measures relating to it and the action it should take in the event of a
radiological emergency ;
Whereas certain joint principles and specific provisions for informing such
sections of the population should be drawn up for this purpose at Community
level ;
Whereas joint principles and specific provisions for informing the population
as a whole in the event of a real radiological emergency should also be drawn
up ;
Whereas account must be taken of the transfrontier hazard in the information
supplied to the population ;
Whereas , on the basis of these preventive measures , it will be possible to
provide uniform, effective protection for the population in the event of a
radiological emergency .
 ---pagebreak---                                              - 8 -
   HAS ADOPTED THIS DIRECTIVE :
                                          Article 1
   1.   The purpose of this Directive is to provide for measures and procedures
        for informing the population aimed at improving the operational health
        protection provided in the event of a radiological emergency .
   2.   For the purposes of this Directive the following terms shall have the
        meanings hereby assigned :
   a)   nuclear activities :
        activities involving a risk from ionizing radiation , the exercise of which
        is subject to declaration under the terms of the Directive laying down
        basic safety standards .
  b)    event of radiological emergency :
        a situation in which , as a result of either an abnormal increase in the
        levels of radioactivity in the environment or an accident or any other
        occurrence concerning nuclear activities , or the installations in which
        they are exercised , of a Member State or of natural or legal persons under
        its jurisdiction , the dose limits prescribed for members of the public
        under the Directive laying down basic safety standards Are likely to be
        exceeded .
c)     population likely to be affected :
       any population for whose protection the Member State plans lb laVe
       emergency measures in the event of a radiological emergency .
                                        Article 2
1.    Member States shall ensure that the population groups likely to be
      affected in the event of a radiological emergency within the meaning
      of Article 1 of this Directive are given information about the
      health protection measures applicable to them and about the action
      they should take .
        2.     The information supplied will at least include the elements set out in
               Annex I.
           3.   This information shall be communicated to the population groups
                referred to in point 1 above without any request being made .
          4 . Member States shall update and circulate the information regularly and
              whenever material changes in the arrangements that it describes take
              place . This information shall be made permanently available to the public .
 ---pagebreak---                                     - 9 -
                                          Article 3
 1 . Member States shall ensure that , in the event of a radiological
      emergency , the population concerned is informed without delay of the
      facts of the emergency , the action to be taken and the health
      protection measures applicable to it .
2.    The information supplied will be based on the pattern
     set out in Annex II .
                                 Article £
     Member States shalL ensure that any persons who might be involved
     in the organization of emergency assistance in the event of a
     radiological emergency , in particular medical staff , firemen,
     servicemen, civil defence personnel and staff of the administrations
     concerned, shall be informed of the health risks involved in their work
     and receive specific information about the nature of the poaaible
    emergency, its possible health affects and on the precautions to bt
    taken should the situation arise .
    This    information    shall   likewise   include details  of the procedure and
    instructions provided tor 1n the installations' internal plans in the
    event of an emergency . This information shall also be given to the
     Commission .
                                  urtuu i
 1.    Member States shall sat up or appoint tba authority or author l tlna
       rasponslbla far providing Information on nuelnnr gunstlona and for
       Implnmnntlni Artlelnn 2 , 3 and a of thla Directive .
 2.   Member States shall Instruct tha authority or authorities responsible to
       collect , record , process , seleet end pass on the Information to be given
       to the population and to tho personnel referred to In Article A.
 ---pagebreak---                                                    10 -
                                               Artide 6
              Detailed procedures for circulating the information shall be laid down
              by the Member States .
              As regards the dissemination of the information referred to under
              Article 2 depending on the nature of the radiological emergency
              envisaged , Member States shall :
                 determine which sector of the population is concerned ;
                determine the manner in which natural and legal persons shall            be
                informed without submitting a request , for example by            letter or
                information brochure addressed to them ;
                 specify the places where the information may also be consulted ;
                specify how th$ population in general may be informed, for example through
                the posting of notices within a certain radius, the publication of the
                information in local newspapers , and exhibitions with plans, records,
                graphs and models .
                                           Article 7
   The information circulated to the population by a Member State pursuant to
   Article 2 , and which relates to an accident likely to result in the
   radioactive contamination of the waters , the soil or the airspace of other
  Member States , shall be communicated simultaneously to the other Member States
   likely to be affected , in the framework of the bilateral relations .
The information communicated to the population by a Member State pursuan t
to Article 3 shall be communicated also by the latter to the other Member
States which are , or are likely to be , affected , pursuant to Articles 2 ,
( 1 ) b and 3 ( 1 ) of Euratom decision No 87 / 600.(6 )
  ( 6 ) 0J N 0 371 of 30.12.1987, p. 76
 ---pagebreak---                                            11
                                       Article 8
      This Directive is without prejudice to the right of the Member States to
      apply or adopt administrative or legislative measures to provide store
      extensive inforstatlon to the population than that provided for under the
      terms of this Directive .
                                      Article 9
1 . The Member States shall adopt the laws , regulations and administrative
    provisions necessary to comply with this Directive within twelve months of
    its adoption .                They shall immediately inform the Commission
    thereof .
2.   Member States shall cosnunicate to the Commission the provisions of
     national law which they adopt in the field governed by this Directive .
                                      Article 10
     This Directive is addressed to the Member States .
 ---pagebreak---                                        12
                                       Annex I
                       Information referred to under Article 2
The information provided covers the following points :
I.    Basic concepts of rsdioactivitv
      - Basic concepts of radioactivity ;
      -  How radioactivity affects health .
II .  Description of the sltuation(s ) covered by the emergency measures and
      their probability
      - Description of the various radiological emergencies covered and their
         probability ;
      -  description of the sectors of the environment likely to be
         appreciably affected by the type of accident covered , including the
         population , and a description of the main effects which the types of
         accident envisaged are likely to have on these ;
      -  influence of climatic factors on the various situations .
III . Description of the measures planned to avoid and reduce the sinnlf leant
      adverse effects of radiological emergencies
         The means by which the population concerned will be alerted ;
         detailed information on the evacuation plans ;
         emergency health protection measures and action to be taken in
         addition to the evacuation plans .
 ---pagebreak---                                              13 -
                                       Annex II
                        Information referred to under Article 3
Depending on the type of radiological emergency , the information covers the
following points :
I.   General information
     A.    Basic concepts of radioactivltv ( text prepared in advance ):
           - basic concepts of radioactlvity ;
           - how radioactivity affects health ;
           - the main radiation protection measures .
     B.   General description of the situation
          -    Outline of the radiological emergency and its causes , covering in
               particular :
              - the location and date of the accident ;
              - the type of radiological emergency ;
              - the main characteristics of the radioactive substances involved ;
              - the size of the area threatened .
          -   Foreseeable development of the situation .
II . Knarffittncv health protection measures and action to be taken
          Attitude towards the environment and decontamination rules :
          - what to do about the air ( moving around outside , staying at hoam ,
              what clothing to wear );
          - what to do about water ( bathing , watersports , fishing , consumption
              of rain-water ) ;
          -   what to do about the soil .
 ---pagebreak---                                             14 -
          - Attitude towards foodstuffs and drinking water :
              ~ conditions for harvesting and measures to deal with Livestock
                conditions for consumption of foodstuffs and drinking water ;
                supply centres for uncontaminated foodstuffs and drinking water .
             Distribution of iodine tablets as planned .
 III .   Information on évacuation plans
        - Annoucements recommending cooperation with any instructions or requests
           formulated by theemergency services ;
       - Public transport ( where and when stops are made );
       - Routes intended for private vehicles and restrictions on road traffic ;
       - Accommodation and shelter facilities and their capacity ;
       - Medical centres and arrangements made for providing medical care .
IV .   Date and time of the next public announcement