CELEX: 51987PC0135
Language: en
Date: 1987-04-28
Title: Proposal for a COUNCIL DECISION on a Community System of rapid exchange of information in cases of abnormal levels of radioactivity or of a nuclear accident (submitted by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 135
Vol. 1987/0054
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Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                               COM(87 ) 135 final
                                               Brussels , 28 April 1987
                                  Proposai for a
                                 COUNCIL DECISION
            on a Community System of rapid exchange of information
                 in cases of abnormal levels of radioactivity
                             or of a nuclear accident
                        ( submitted by the Commission )
 C0MC87 ) 135 final
 ---pagebreak---                                                                        C, oh '1 3 3
Explanatory Memorandum
1.    Article 2(b ) of the Euratom Treaty envisages as one of the main tasks of
      the Community that it shall 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 provides for the
      protection of "Health and Safety"/ and it is under the provisions of
      Chapter III that Council has since 1959 adopted successive Directives on
      basic standards for the health protection of the general public and
      workers against the dangers arising from ionizing radiations . The
      current basic standards are laid down in the Council Directive of 15
      July 1980 ( 80/ 836 / Euratom) as amended by Council Directive of 3
      September 1984 ( 84 / 467 / Euratom) .
2.    Article 35 of the Euratom Treaty requires Member States to set up the
      necessary facilities to carry out continuous monitoring of the level of
      radioactivity in the air/ water and soil and to ensure compliance with
      the basic standards . The authorities of Member States are obliged to
      communicate periodically to the Commission the results of such
      monitoring ( Article 36 ).
3.    Monitoring data / including data on milk / have generally been
      communicated to the Commission on a yearly basis and have been collated /
      analysed and published by the Commission at two-yearly intervals . Under
      the conditions that existed in earlier years this system of reporting
      and in particular Its frequency appeared satisfactory / since the general
      levels of environmental radioactivity had dropped considerably and
      reached relatively low levels with the reduction of nuclear weapons
      tests in the atmosphere .
4.    The accident at the nuclear power station at Chernobyl in the Soviet
      Union Led to a dramatic change in the situation . Th® Commission / using
      its powers under Article 36 of the Euratom Treaty, immediately after the
      accident requested Member States to report their measurements at least
      daily . The outcome of this excercise , however , showed that the existing
      arrangements for the communication of data are inadequate for accident
      situations . The data obtained by the Commission from Member States after
      the Chernobyl accident did not allow a proper assessment of potential
 ---pagebreak--- hazards from airborne and deposited activity and , subsequently , from
contaminated foodstuffs . The Commission was therefore not in a position
to react positively ; it could not for example exercise its powers under
Article 38 which allows it in cases of urgency , to issue a directive to
Member State(s ) designed to ensure that the basic standards are
respected .
Moreover , the Chernobyl accident pointed to a shortcoming in the current
Basic Standards Directive ( 80 / 836 / Euratom) which provides in Article 45
( 5 ) that " any accident involving exposure of the population must be
notified as a matter of urgency , when the circumstances so require , to
neig' bouring Member Sates and to the Commission ". The text of the
Directive does not provide for a Chernobyl-type accident , i.e. an
accident which takes pLace outside the Community and results in the
contamination of one or more Member States .
The Commission , in Its Outline Communication to Council on the
consequences of the Chernobyl accident ( C0M(86) 327 final ) of 13 June
1986 , announced that " the Commission , in consultation with the Member
States , must take the necessary steps to accelerate, standardize and
automate the collection of data on radioactivity levels ( Article 36 ) and
to exploit and publish regularly the results " ( para . 24 ) and announced
that "a proposal for a regulation on an Interim Community system for the
rapid information on nuclear accidents will be sent by the Commission to
the Council before the end of July 1986" ( para . 46 ).
Further consideration of the matter led the Commission to decide in July
1986 to append to its Communication to the Council on " The Development
of Community Measures for the Application of Chapter III of the Euratom
Treaty 'Health and Safety "1 of 20 August 1986 ( COM ( 86 ) 434 final ) a
Draft Proposal for a Council Decision on a Community System of Rapid
Exchange of Information in Cases of Unusually High Levels of
Radioactivity or of a Nuclear Accident . This proposal was designed to
assure the need " to establish a permanent structure for rapid reporting"
( para . 44 of COM ( 86 ) 434 ). Since the legal basis for such a proposal
was Article 31 of the Euratom Treaty , prior consultations with the
Article 31 Group of Experts and the Economic and Social Committee proved
necessary . The Draft Proposal was therefore appended for information
only .
 ---pagebreak--- 8.   In the meantime the Board of Governors of the International Atomic
     Energy Agency ( IAEA ) had set up a Group of Experts to prepare of two
     International Conventions /, one on early notification and one on mutual
     assistance in the case of nuclear accident . The Commission , at the
     invitation of the IAEA Secretariat , participated fully in the meeting of
     the Group which was held in Vienna from 21 July to 15 August 1986 . The
     texts of two International Conventions established by the Group of
     Experts were adopted by the General Conference of the IAEA on
     26 September and both are now in force . The Convention on Early
     Notification has been signed by all twelve Member States and thè
     Convention on Assistance by eleven Member States . The Commi ssion has
     since submitted to Council two Draft Council Decisione which would
     approve thè conclusion of thè two Conventions by thè Community as such
     ( C0M(86 ) 760 final of 9 January 1987 ).
9.   Council has yet to decide if the Community as such should accede to
     these Conventions . The Commission, nevertheless considers that in any
     case a separate Council Decision on the establishment of a Community
     system of rapid exchange of information is necessary . Accordingly , the
     present' Communication assumes that the Community will be party to the
     Convention on Early Notification . Arguments for a separate Community
     Instrument would only be reinforced should the Community not adhere to
     that Convention .
10 . The Commission wishes to emohasize that the Community already has,
     albeit in a rudimentary form , the legal means to require rapid
     information from Member States in the case of nuclear accidents or
     radiological emergencies . The legal basis for this is provided by
     Articles 35 and 36 of the Euratom Treaty and Article 45 of the Basic
     Standards Directive ( 80 / 836 / Euratom ) as well as the Food Emergency
     Legislation Network . It is up to the Commission and , in the final
     instance, the Court of Justice , to ensure that Member States transmit
     pertinent information in accordance with already existing Community Law .
     However, the provisions only provide for informing the Commission but*
     not for the Commission passing on information to other Member States .
     Moreover , the scope of the information 1$ not clearly defined . It is
     with this in mind , but also with the intention to complement and build
 ---pagebreak---      on the Vienna Convention on Early Notification that the Commission
     proposti that Council adopt the Decision on a Sytem of Rapid Information
     annexed to the present Communication .
11 . In making this proposal the Commission has duly considered the advice
     given by the Group of Experts referred to in Article 31 of the Euraton
     Treaty and by the Economic and Social Committee . Both opinions have been
     formulated with the Convention on Early Notification explicitly in mind .
12 . In view of this Convention and of existlng bilateral agreements and
     arrangements between some Member States , a separate Community instrument
     can only be justified if it has additional advantages and avoids
     unnecessary duplication of effort . However, as Couneil at its meeting on
     24 November 1986 itself emphasized , the Community has always acted as a
     pacemaker in International coopération on transboundary envi ronmental
     issues and has an important and complementary rote to play in
     envi ronmental aspects of nuclear safety in addition to work in the IAEA .
13 . The Commission considers that the proposed Decision compléments and
     amplifies the IAEA Convention on Early Notification in respect of the
     following points :
13.1 The scope of the proposed Council Decision is wider .
     Firstly , notification would be required for all types of nuclear
     installations and activities whereas the IAEA Convention specifies
     certain facilities and activities ( Article 1 of the Convention ) and
     leaves the notification of nuclear accidents in other facilities to the
     decision of the State concerned ( Article 3 of the Convention ).
     Furthermore, a specific problem of the IAEA Convention 1s resolved by
     Laying down that a Member State is responsible for the notification of
     accidents or events on its territory ( Article 1 of the Decision ) thus
     covering explicitly the joint research centres of the Community .
13.2 The triggering mechanism 1s more précisé .
     The Commission has received and taken the advice of the Article 31 Group
     of Experts that it wouLd be difficult to define numerical values for a
     triggering mechanism . The solution suggested is to link the triggering
 ---pagebreak---        mechanism to national emergency measures ( Article 1 of the Decision ) and
       to envisage a dialogue on and possibly eventual harmonisation of such
       national triggering mechanisms ( Article 6 of the Decision ). In this the
       Commission has taken the advice of the Economic and Social Committee .
       The triggering mechanism proposed by the Commission therefore covers not
       only a release ( or potential release ) of radioactive materials with
       possible International transboundary effects of radiological
       significance for another State ( cf . Article 1 of the Convention ) but
       links the triggering point to releases ( or potential releases ) of
       radioactive materials which entail , or might entail , emergency measures
       in order to protect the pubLic . This underlines the role the Commission
       has to play under Chapter III of the Euratom Treaty in matters of
       radiological protection which are not confined to transboundary effects .
       In order to cater for radiological emergencies having their orign
       outside of the Community the Commission is proposing a double triggering
       mechanism which makes notification not solely dependent on an accident
       on the territory of a Member States but also on the measurement of
       abnormal levels of radioactivity which might be of non-Community orign .
13.3   As to the information to be provided the proposed Decision (Article 2 )
       largely follows the Vienna Convention on Early Notification ( Article 5 )
       in order not to complicate matters , but adds two Items to the list of
       information to be provided . Firstly , the results of measurements of
       foodstuffs and drinking water would have to be communicated in order to
       allow the Commission to perform its task to preserve the unity of the
       market and the health protection of the population . Secondly, the
       measures taken , or planned, to inform the public are Included 1n the of
       information to be provided in order to avoid a repetition of the
       European cacophony after Chernobyl in the case of a similar event .
13 . A In contrast to the Vienna Convention the proposed Decision envisages
       that all Member States are informed ( Article 4 ) whereas the Convention
       provides only for the information of States which are, or may be ,
       physically affected by an international transboundary release of
       radioactive materials .
 ---pagebreak--- 13.5 Furthermore, the proposed Decision Limits and harmonizes the possible
     approaches Member States might chose to take under Article 2 ( a ) of the
     said Convention . Member States are in any case obliged to notify
     neighbouring Member States under ArtlcLe 45 ( 5 ) of Directive
     80/ 836 / Euratom . Article 1 of the proposed Decision envisages that
     notifying Member States have to notify promptly not only the Commission
     but also neighbouring Member States , thus underlining that the
     alternative of just notifying the IAEA , as envisaged under Article 2 of
     the Convention , would not be sufficient under Community Law .
13.6 One of the major differences between the proposed Decision and the IAEA
     Convention is that the Decision envisages in Articles 3 and 4 the
     setting up of a two-way system of communication whereby a notifying
     Member State is kept informed of the actions taken by other Member
     States .
13.7 Furthermore, the proposed Decision envisages a regular testing of the
     Information system and the establishment of detailed procedures . The
     Commission envisages that standard formats and methods of reporting will
     be be decided in consultation with the competent authorities of the
     Member States in order to simplify the transfer and collation of
     Information . In this way , the Community could again take a lead at an
     international level as 1t has done in other areas of radiation
     protection in the past .
13.8 In the context of the procedures it must be emphasized that the IAEA
     operates only in three Community languages , i.e. English , French and
     Spanish whereas the Commission would be able to provide the Logistic
     backup to enable communication between all Member States in all official
     Languages .
13.9 All of these points have to be viewed in the Light of one further
     significant aspect : a Council Decision creating a rapid sytem of
     information would be legally binding on all Member States under
     Community law and the system would be enforceable in accordance with the
     normal procedures envisaged by the Euratom Treaty .
 ---pagebreak--- 14 . A Community system of rapid information/ moreover/ would not lead to an
     unnecessary duplication of duties incumbent on a Member State under the
     IAEA Convention . Member States would / by notifying the information
     specified in the proposed Decision / at the same time fulfil their
     obligations towards Member States and the Commission under the IAEA
     Convention . No additional notification would be required . With the
     exeption of the two additional items of information ( foodstuffs and
     measures to inform the public ) the same format could be used to inform
     the IAEA and other affected State Parties .
 ---pagebreak---                                                                                          û
                                Proposai for a
                               COUNCIL DECISION
       on a Community System of rapid exchange of information
              in cases of abnormal levels of radioactivity
                          or of a nuclear accident
THE COUNCIL OF THE EUROPEAN C0MMUN1T1ES
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, submitted after obtaining
the opinion of the 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 requires the Community to establish
uniform safety standards to protect the heaLth of workers and of the general
public ;
Whereas on 2 February 1959 the Council adopted Directives1 laying down basic
standards for the protection of the health of workers and the general public
against the dangers arising from Ionizing radiations , which were last amended by
Directive 80 / 836 / Euratorn and Directive 84 / 467 / Euratonr ,
Whereas Article 45 ( 5 )               of Directive 80 / 836 / Euratom already requires
that any accident involving exposure of the population                   be notified as a
matter of urgency , when the circumstances so require, to neighbouring Member
States and to the Commission ;
Whereas Articles 35 and 36 of the Treaty already provide that Member States
are to establish the facilities to carry out continuous monitoring of the level of
radioactivity in the air , water and soil and communicate such information to
the Commission so that it is kept informed of the levels of radioactivity to
which the public is exposed .
Whereas    Article     13  of    Directive  80 / 836 / Euratom  requires   Member   States
regularly to transmit to the Commission results of review on the exposure of the
 population and estimates on the genetic dose ;
Whereas Article 38 of the Treaty provides that in cases of urgency the
Commission shall issue a directive requiring the Member State to take all
necessary measures to prevent infringement of the basic standards ;
Whereas following the accident at the nuclear power station at Chernobyl in
the Soviet Union the Commission was informed by the Member States on the level
of radioactivity measured in the environment ;
 JûJ No 11 , 20.2.1959, p. 221 /59
 ^OJ No L 246, 17.9.1980, p. 1
 30J No L 265, 5.10.1984, p. 4
 ---pagebreak--- Whereas following this accident the- Commission Issued Recommendation 86/156/ EEC
and the Council adopted Regulations ( EEC ) No 1388/86 and No 1707/86 setting
levels for the radioactive contamination of foodstuffs ;
Whereas in order to fulfill its tasks the Commission needs rapidly to receive
aLl reLevant Information in an agreed format in the case of a nuclear accident
or other event ;
Whereas some Out not all Member States have already concluded bilateral
treaties on mutual information, co-ordination and assistance in the case of
nuclear accidents and whereas all Member States have provisionally signed the
Convention on Early Notification of a Nuclear Accident ;
Whereas these treaties and conventions do not necessarily ensure that all
Members States are promptly informed in the case of a nuclear accident or
other event or in cases where abnormal levels of radioactivity significant
from the point of view of health protection or the environment are measured ;
Whereas the rapid dissemination of such information received by the Commission
to all Member States would be a desirable and useful means to ensure that the
standards for the protection of the population as laid down in the Directives
made pursuant to Title Two , Chapter III of the Treaty are applied throughout
the Community ;
Whereas the establishment of a Community system for rapid information would
not affect the rights and obligations of Member States under bi - and
multilateral treaties or conventions but would facilitate the task of a Member
State to inform all other Member States ;
Whereas the Commission already receives under Articles 37 and 42 of the Treaty
information on nuclear activities and facilities of all Member States and is
therefore encouraged to prepare the necessary background data to be transmit ¬
ted 1n the event of ar accident or other event ;
Whereas under Article 2 ( h ) of the Treaty the Community is to establish with
other countries and international organisations such relations as will foster
progress in the peaceful uses of nuclear energy t
Whereas to that effect the Commission should participate in efforts to
strengthen cooperation in matters covered by this Decision with all
neighbouring States , including the conclusion of consultation arrangements ,
and with all relevant international organisations ,
!OJ No L 118, 7.5.1986, p. 28
^OJ No L 127, 13.5.1986, p. 1
^OJ No L 146, 31.5.1986, p. 88
 ---pagebreak---                                                O
                                              J
HAS ADOPTED THIS DECISION :
Article 1
    Whenever a Member State takes or considers taking emergency measures in
    order to protect the public / either following the measurement of abnormal
    leveLs of radioactivity in the environment / or following an accident or
    other event involving any facility or activity of a Member State or of
    persons or legal institutions on its territory from which a release of
    radioactive materials occurs or is likely to occur , the Member State shall
    notify to the Commission and the neighbouring Member States
    ( a ) forthwith the levels of radioactivity measured and / or the accident or
          event , its nature , the time of its occurence and exact location .
    ( b ) as soon as avai table the information specified in Article 2 .
Article 2
1.  The information to be provided pursuant to Article 1 ( b ) shall include the
    following :
    ( a ) the assumed or established cause and the foreseeable development of
          the   nuclear  accident   relevant  to the  release   of  the radioactive
          materials ;
    ( b ) the general characteristics of the radioactive release , including , as
          far as is practicable and appropriate, the nature , probable physical
          and chemical form and the quantity , composition and effective height
          of the radioactive release ;
    le ) information on current and forecast meteorologi cal and hydrological
          conditions , necessary for forecasting the dispersion of the radio¬
          active release ;
    ( d ) the results of envi ronmental monitoring ;
    ( e ) the results of measurements of foodstuffs,          feedingstuf fs and
          drinking water ;
    Cf ) the protective measures taken or planned ;
    ( g ) the measures taken , or planned , to inform the public ;
    ( h ) the predlcted behaviour over time of the radioactive release .
2 . The information shall be supplemented at appropriate intervals by further
    relevant information, including the development of the emergency situation
    and its foreseeable or actual termination .
3 . The Member State shall continue to Inform the Commisslon at appropriate
    intervals of the levels of radioactivity as laid down in paragraph 1 ( d )
    and ( e ) for a period determined by the Commisslon .
 ---pagebreak---                                             -y -
Article 3
      Any Member State,      upon receipt of the Information set out in Articles 1
      and 2 shall :
      ( a ) promptly inform the Commission of the measures taken and recommenda¬
            tions issued following the receipt of such information ;
      ( b > Inform the Commission , at appropriate Intervals , of the levels of
            radioactivity measured by their monitoring facilities in foodstuffs ,
            feedingstuf fs, drinking water and the environment .
Article A
1 . Upon receipt of the information referred to in Articles 1, 2 and 3 the
      Commission shall immediately forward it to the competent authorities of
      all other Member States . Equally the Commission shall forward to all
      Member States any information it receives about significant increases in
      the Level of radioactivity or about nuclear accidents in states adjacent
      to the Community a
  2 . Detailed procedures for the transmission of the information referred to in
      Articles 1 to A shall be agreed by the Commission and the competent
      authorities of the Member States , and tested at regular intervals .
3.    Ea'*!- --     State shall indicate to the Commission the competent national
      ~~i.horit1es and points of contact designated to forward or receive the
      information set out in ArHcles 1 to 4 .             The Commission shall in turn
      communicate this and details of the designated Commission service to the competent
      authorities of the other Member States .
A.    Points         of contact and the designated Commission service shall be
      avai table on a 24 hour basls . The Commission shall set up an emergency
      service for this purpose .
Article 5
Information received pursuant to Articles 1 , 2 and 3 may be               used without
restrictions except when such information *s provided in confidence by the
notifying Member State . In this case , the Commission shall Inform the compe^
tent authorities of the other Member States of any restrictions placed on the
information .
Article 6
1.           Member States shall communicate to the Commission the provisions
      containing the criteria and action plans reLating to emergency situations
      referred to in Article 1 .
2.    The Commission shall make appropriate recommendations for              harmonising
           the provisions applicable in this field in the Member States .
 ---pagebreak---                                          - J -
Article 7
The Commission shall evaluate the Information received pursuant to Articles 1
2 and 3 and shall report to the Member States on the radiological risks Involved .
Without prejudice to its powers under the Euratom Treaty the Commission may
Issue a recommendation laying down guidance for appropriate action by the
Member States .
Article 8
     Member States shall take the measures necessary to comply with this
 Decision within three months of its notification .
Article 9
This Decision is addressed to the Member States .
                                               For the Council
 Done at