natgillin/translations-raw huggingface dataset:
"This Directive shall apply to all practices which involve a risk from ionizing radiation emanating from an artificial source or from a natural radiation source in cases where natural radionuclides are or have been processed in view of their radioactive, fissile or fertile properties, namely :
"This Directive shall apply to all practices which involve a risk from ionizing radiation emanating from an artificial source or from a natural radiation source in cases where natural radionuclides are or have been processed in view of their radioactive, fissile or fertile properties, namely :
(a) the production, processing, handling, use, holding storage, transport, import to and export from the Community and disposal of radioactive substances;
(a) the production, processing, handling, use, holding storage, transport, import to and export from the Community and disposal of radioactive substances;
(b) the operation of any electrical equipment emitting ionizing radiation and containing components operating at a potential difference of more than 5kV;
(b) the operation of any electrical equipment emitting ionizing radiation and containing components operating at a potential difference of more than 5kV;
(c) any other practice specified by the Member State . "
(c) any other practice specified by the Member State . "
Furthermore, the third subparagraph of Article 2 provides as follows:
Furthermore, the third subparagraph of Article 2 provides as follows:
" In accordance with Title IX [the Directive] shall also apply to any intervention in cases of radiological emergencies or in cases of lasting exposure resulting from the after-effects of a radiological emergency or a past or old practice or work activity . " (emphasis added)
" In accordance with Title IX [the Directive] shall also apply to any intervention in cases of radiological emergencies or in cases of lasting exposure resulting from the after-effects of a radiological emergency or a past or old practice or work activity . " (emphasis added)
In this respect, the reference to " cases of lasting exposure resulting from the after-effects of a radiological emergency or a past or old practice or work activity " in the third subparagraph of Article 2 under Title II "Scope" constitutes an express widening of the scope of the Directive as compared to the previous legislation .
In this respect, the reference to " cases of lasting exposure resulting from the after-effects of a radiological emergency or a past or old practice or work activity " in the third subparagraph of Article 2 under Title II "Scope" constitutes an express widening of the scope of the Directive as compared to the previous legislation .
Chapter III " Medical surveillance of exposed workers " sets out detailed rules on medical surveillance, which include provisions foreseeing the possibility of continuing medical surveillance after cessation of work, if necessary to safeguard the health of the person concerned (Article 31(3)) and a requirement that medical records be retained until the individual has or would have attained the age of 75 years, but in any case not less than 30 years from the termination of the work involving exposure to ionizing radiation (Article 34).
Chapter III " Medical surveillance of exposed workers " sets out detailed rules on medical surveillance, which include provisions foreseeing the possibility of continuing medical surveillance after cessation of work, if necessary to safeguard the health of the person concerned (Article 31(3)) and a requirement that medical records be retained until the individual has or would have attained the age of 75 years, but in any case not less than 30 years from the termination of the work involving exposure to ionizing radiation (Article 34).
Furthermore, Article 38, under Chapter IV " Tasks of Member States in respect of protection of exposed workers ", provides for the following :
Furthermore, Article 38, under Chapter IV " Tasks of Member States in respect of protection of exposed workers ", provides for the following :
Each Member State shall establish a system or systems of inspection to enforce the provisions introduced in compliance with this Directive and to initiate surveillance and intervention measures wherever necessary.
Each Member State shall establish a system or systems of inspection to enforce the provisions introduced in compliance with this Directive and to initiate surveillance and intervention measures wherever necessary.
Each Member State shall require that workers have access at their request to the results of their individual monitoring, including the results of measurements which may have been used in estimating them, or of the assessments of their doses made as a result of workplace measurements.
Each Member State shall require that workers have access at their request to the results of their individual monitoring, including the results of measurements which may have been used in estimating them, or of the assessments of their doses made as a result of workplace measurements.
Each Member State shall facilitate the exchange amongst competent authorities, or approved medical practitioners, or approved occupational health services, or qualified experts, or approved domestic services within the European Community of all relevant information on the doses previously received by a worker in order to perform the medical examination prior to employment or classification as a category A worker pursuant to Article 31 and to control the further exposure of workers. "
Each Member State shall facilitate the exchange amongst competent authorities, or approved medical practitioners, or approved occupational health services, or qualified experts, or approved domestic services within the European Community of all relevant information on the doses previously received by a worker in order to perform the medical examination prior to employment or classification as a category A worker pursuant to Article 31 and to control the further exposure of workers. "
As concerns the issue of intervention, Article 53, which appears under the heading Section II " Intervention in cases of lasting exposure " of Title IX of the Directive, provides as follows:
As concerns the issue of intervention, Article 53, which appears under the heading Section II " Intervention in cases of lasting exposure " of Title IX of the Directive, provides as follows:
" Where the Member States have identified a situation leading to lasting exposure resulting from the after-effects of a radiological emergency or a past practice, they shall, if necessary and to the extent of the exposure risk involved, ensure that:
" Where the Member States have identified a situation leading to lasting exposure resulting from the after-effects of a radiological emergency or a past practice, they shall, if necessary and to the extent of the exposure risk involved, ensure that:
(a) the area concerned is demarcated;
(a) the area concerned is demarcated;
(b) arrangements for the monitoring of exposure are made;
(b) arrangements for the monitoring of exposure are made;
(c) any appropriate intervention is implemented, taking account of the real characteristics of the situation;
(c) any appropriate intervention is implemented, taking account of the real characteristics of the situation;
(d) access to or use of land or buildings situated in the demarcated area is regulated ."
(d) access to or use of land or buildings situated in the demarcated area is regulated ."
Applicability of the Directive to the facts of the petition
Applicability of the Directive to the facts of the petition
As regards the term "workers" under Chapter III of the Directive, an analogy could be drawn with the broad interpretation of that term under the EC Treaty.
As regards the term "workers" under Chapter III of the Directive, an analogy could be drawn with the broad interpretation of that term under the EC Treaty.
The Court has consistently held that it is an autonomous concept with a Community meaning, irrespective of the label attached to the activity under national law.
The Court has consistently held that it is an autonomous concept with a Community meaning, irrespective of the label attached to the activity under national law.
Case 53/81 Levin [1982] ECR 1035, paragraph 11; Case 75/63 Hoekstra [1982] ECR 177 Consequently, so long as the criteria set out by the Court of Justice are respected, it would be arbitrary to exclude one category of persons (for example, the persons having participated in the "clean-up" operation) simply because they were not permanently employed at the base.
Case 53/81 Levin [1982] ECR 1035, paragraph 11; Case 75/63 Hoekstra [1982] ECR 177 Consequently, so long as the criteria set out by the Court of Justice are respected, it would be arbitrary to exclude one category of persons (for example, the persons having participated in the "clean-up" operation) simply because they were not permanently employed at the base.
It is also relevant that the Directive contains a number of provisions that relate to the need to take action many years after the occurrence of an event in the past.
It is also relevant that the Directive contains a number of provisions that relate to the need to take action many years after the occurrence of an event in the past.
For example, Article 31(3) foresees the possibility of continuing medical surveillance after cessation of work, if necessary to safeguard the health of the person concerned.
For example, Article 31(3) foresees the possibility of continuing medical surveillance after cessation of work, if necessary to safeguard the health of the person concerned.
Article 34 imposes a requirement that medical records be retained until the individual has or would have attained the age of 75 years, but in any case not less than 30 years from the termination of the work involving exposure to ionizing radiation.
Article 34 imposes a requirement that medical records be retained until the individual has or would have attained the age of 75 years, but in any case not less than 30 years from the termination of the work involving exposure to ionizing radiation.
In accordance with Article 38 of the Directive, the Kingdom of Denmark is therefore required, where necessary, to " initiate surveillance and intervention measures" in relation to the current effects of the Thule crash.
In accordance with Article 38 of the Directive, the Kingdom of Denmark is therefore required, where necessary, to " initiate surveillance and intervention measures" in relation to the current effects of the Thule crash.
Furthermore, the Kingdom of Denmark is also obliged under Article 53 to "make arrangements for the monitoring of exposure" and implement "any appropriate intervention (...) taking account of the real characteristics of the situation".
Furthermore, the Kingdom of Denmark is also obliged under Article 53 to "make arrangements for the monitoring of exposure" and implement "any appropriate intervention (...) taking account of the real characteristics of the situation".
Although indents (a) and (d) refer respectively to an "area" and a "demarcated area", no geographical restriction is placed upon indents (b) and (c).
Although indents (a) and (d) refer respectively to an "area" and a "demarcated area", no geographical restriction is placed upon indents (b) and (c).
Indeed, all Member States are under an obligation to effectively implement and apply the Directive without delay, and the Commission, as the guardian of the Treaties is under a duty to pursue any failure to fulfil such obligations vigorously.
Indeed, all Member States are under an obligation to effectively implement and apply the Directive without delay, and the Commission, as the guardian of the Treaties is under a duty to pursue any failure to fulfil such obligations vigorously.
Possible obligations under the European Convention on Human Rights
Possible obligations under the European Convention on Human Rights
As the Court of Justice has consistently held, " fundamental rights form an integral part of the general principles of law, the observance of which it ensures.
As the Court of Justice has consistently held, " fundamental rights form an integral part of the general principles of law, the observance of which it ensures.
For that purpose the Court draws inspiration from the constitutional traditions common to the Member States and from the guidelines supplied by international treaties for the protection of human rights on which the Member States have collaborated or of which they are signatories (see, in particular, the judgment in Case C-4/73 Nold v Commission [1974] ECR 491, paragraph 13).
For that purpose the Court draws inspiration from the constitutional traditions common to the Member States and from the guidelines supplied by international treaties for the protection of human rights on which the Member States have collaborated or of which they are signatories (see, in particular, the judgment in Case C-4/73 Nold v Commission [1974] ECR 491, paragraph 13).
The European Convention on Human Rights has special significance in that respect (see in particular Case C-222/84 Johnston v Chief Constable of the Royal Ulster Constabulary [1986] ECR 1651, paragraph 18). "
The European Convention on Human Rights has special significance in that respect (see in particular Case C-222/84 Johnston v Chief Constable of the Royal Ulster Constabulary [1986] ECR 1651, paragraph 18). "
Case C-260/89, ERT [1991] ECR I-2925, paragraph 41.
Case C-260/89, ERT [1991] ECR I-2925, paragraph 41.
In that regard, there is clear case-law from the ECtHR indicating that Article 2(1) ECHR enjoins the State not only to refrain from the intentional and unlawful taking of life, but also to take appropriate steps to safeguard the lives of those within its jurisdiction.
In that regard, there is clear case-law from the ECtHR indicating that Article 2(1) ECHR enjoins the State not only to refrain from the intentional and unlawful taking of life, but also to take appropriate steps to safeguard the lives of those within its jurisdiction.
See for instance, judgment of 19 February 1998, Guerra v Italy , Reports 1998-I, p.227, paragraph 58.
See for instance, judgment of 19 February 1998, Guerra v Italy , Reports 1998-I, p.227, paragraph 58.
It is far from clear that the Kingdom of Denmark has done all that could have been required of it to prevent the petitioner's life from being unavoidably put at risk.
It is far from clear that the Kingdom of Denmark has done all that could have been required of it to prevent the petitioner's life from being unavoidably put at risk.
Furthermore, a positive obligation may also arise under Article 8 ECHR.
Furthermore, a positive obligation may also arise under Article 8 ECHR.
As the ECtHR has stated: " where a Government engages in hazardous activities [such as nuclear tests] which might have hidden adverse consequences on the health of those involved in such activities, respect for private and family life under Article 8 requires that an effective and accessible procedure be established which enables such persons to seek all relevant and appropriate information " (emphasis added).
As the ECtHR has stated: " where a Government engages in hazardous activities [such as nuclear tests] which might have hidden adverse consequences on the health of those involved in such activities, respect for private and family life under Article 8 requires that an effective and accessible procedure be established which enables such persons to seek all relevant and appropriate information " (emphasis added).
Judgment of 9 June 1998, McGinley and Egan v United Kingdom , 10/1997/794/995-996.
Judgment of 9 June 1998, McGinley and Egan v United Kingdom , 10/1997/794/995-996.
Furthermore, irrespective of such a procedure, it is essential to uphold the petitioner's right to know what might happen to him without his having to ask.
Furthermore, irrespective of such a procedure, it is essential to uphold the petitioner's right to know what might happen to him without his having to ask.
The petitioner had a right to be informed about of all the consequences that his presence in the crash area could have for him.
The petitioner had a right to be informed about of all the consequences that his presence in the crash area could have for him.
Ibid, Joint Dissenting Opinion of Judges De Meyer, Valticos and Morenilla.
Ibid, Joint Dissenting Opinion of Judges De Meyer, Valticos and Morenilla.
Any compensation which may have been given to the petitioner cannot justify disproportionate interferences with his fundamental rights, in particular his right to life and his right to respect for private and family life.
Any compensation which may have been given to the petitioner cannot justify disproportionate interferences with his fundamental rights, in particular his right to life and his right to respect for private and family life.
Protecting the health of the public and the environment against the dangers related to the use of nuclear energy for military purposes
Protecting the health of the public and the environment against the dangers related to the use of nuclear energy for military purposes
In the previous sections, it is argued that the Directive applies to the after-effects of the Thule crash.
In the previous sections, it is argued that the Directive applies to the after-effects of the Thule crash.
As a second step, it is equally essential that attention be given to a lacuna highlighted by the " Jason Reactor " and " HMS Tireless " cases.
As a second step, it is equally essential that attention be given to a lacuna highlighted by the " Jason Reactor " and " HMS Tireless " cases.
The blanket exclusion of the use of nuclear energy for military purposes from the scope of the EAEC Treaty could in certain circumstances constitute a disproportionate exemption in favour of national defence interests which does not in any way seek to balance such interests against health and environmental concerns.
The blanket exclusion of the use of nuclear energy for military purposes from the scope of the EAEC Treaty could in certain circumstances constitute a disproportionate exemption in favour of national defence interests which does not in any way seek to balance such interests against health and environmental concerns.
For example, in a situation where the defence interest is extremely weak and the health interest particularly strong, the security interest would nevertheless automatically prevail.
For example, in a situation where the defence interest is extremely weak and the health interest particularly strong, the security interest would nevertheless automatically prevail.
A negligible Member State interest outweighs, without any possibility of further consideration, a vital health and environmental imperative.
A negligible Member State interest outweighs, without any possibility of further consideration, a vital health and environmental imperative.
In both recent cases, Advocate General Geelhoed failed to convince the Court to follow a more nuanced approach.
In both recent cases, Advocate General Geelhoed failed to convince the Court to follow a more nuanced approach.
In his Opinion in the " HMS Tireless " case, he recognised that " a gap exists in the protection of the health of the general public.
In his Opinion in the " HMS Tireless " case, he recognised that " a gap exists in the protection of the health of the general public.
It is clear from the judgment's terms that the Court has accepted this consequence. " (emphasis added)
It is clear from the judgment's terms that the Court has accepted this consequence. " (emphasis added)
The Court's obiter statement to the effect that Member States can adopt health and safety measures covering military activities under the EC Treaty, while recognizing the importance of health and environmental considerations, puts the ball firmly in the Community legislators' court.
The Court's obiter statement to the effect that Member States can adopt health and safety measures covering military activities under the EC Treaty, while recognizing the importance of health and environmental considerations, puts the ball firmly in the Community legislators' court.
The Court's limitation of the scope of the EAEC Treaty " does not by any means reduce the vital importance of the objective of protecting the health of the public and the environment against the dangers related to the use of nuclear energy, including for military purposes .
The Court's limitation of the scope of the EAEC Treaty " does not by any means reduce the vital importance of the objective of protecting the health of the public and the environment against the dangers related to the use of nuclear energy, including for military purposes .
In so far as that Treaty does not provide the Community with a specific instrument in order to pursue that objective, it is possible that appropriate measures may be adopted on the basis of the relevant provisions of the EC Treaty
In so far as that Treaty does not provide the Community with a specific instrument in order to pursue that objective, it is possible that appropriate measures may be adopted on the basis of the relevant provisions of the EC Treaty
C-61/03, paragraph 44; C-65/04, paragraph 28. ". (emphasis added)
C-61/03, paragraph 44; C-65/04, paragraph 28. ". (emphasis added)
The precise form and content of such an act is left to the discretion of the Community legislators.
The precise form and content of such an act is left to the discretion of the Community legislators.
Concern is expressed that, nearly two years after the Court's first judgment recognizing certain limits to the material scope of the EAEC Treaty, the Commission has still not come forward with a concrete initiative.
Concern is expressed that, nearly two years after the Court's first judgment recognizing certain limits to the material scope of the EAEC Treaty, the Commission has still not come forward with a concrete initiative.
It is vital that the gap identified by the Court of Justice be filled as rapidly as possible.
It is vital that the gap identified by the Court of Justice be filled as rapidly as possible.
The Parliament should therefore make use of its powers under Article 192(2) EC to call on the Commission to come forward with a proposal on the issue.
The Parliament should therefore make use of its powers under Article 192(2) EC to call on the Commission to come forward with a proposal on the issue.
The Rapporteur refrains from proposing a specific legal basis for any action in this field.
The Rapporteur refrains from proposing a specific legal basis for any action in this field.
However, it may be observed that the question may be problematic in several respects.
However, it may be observed that the question may be problematic in several respects.
First, Chapter III EAEC could be considered a lex specialis for protecting people and the environment against the dangers of ionising radiation.
First, Chapter III EAEC could be considered a lex specialis for protecting people and the environment against the dangers of ionising radiation.
This would however seem contrary to the assumption that the Court made, namely that the EC Treaty does provide for a sufficient legal basis.
This would however seem contrary to the assumption that the Court made, namely that the EC Treaty does provide for a sufficient legal basis.
Second, Article 305(2) EC provides that " the provisions of [the EC] Treaty shall not derogate from those of the Treaty establishing the European Atomic Energy Community ".
Second, Article 305(2) EC provides that " the provisions of [the EC] Treaty shall not derogate from those of the Treaty establishing the European Atomic Energy Community ".
Third, the EAEC has a legal personality distinct from that of the EC, and the Constitutional Treaty in its current form would not affect this situation.
Third, the EAEC has a legal personality distinct from that of the EC, and the Constitutional Treaty in its current form would not affect this situation.
The preservation of the status quo is somewhat surprising, given that the underlying case for merging the EURATOM Treaty is the same as for merging the TEC.
The preservation of the status quo is somewhat surprising, given that the underlying case for merging the EURATOM Treaty is the same as for merging the TEC.