„European Nuclear Energy Law in a Process of Change“ Institute for Energy and Mining Law, Ruhr University Bochum, Germany Focus an key legal aspects in.

Slides:



Advertisements
Similar presentations
Introduction to basic principles of Regulation (EC) 45/2001 Sophie Louveaux María Verónica Pérez Asinari.
Advertisements

1 Technical Meeting on Managing the Development of a National Infrastructure for Nuclear Power SECURITY STATUS IN CHILE Mauricio Lichtemberg Chilean Nuclear.
1 “Introduction to EU Trade Policy” – July 2008 How We Make Trade Policy n Contents n Part I: EU Trade Powers n Part II: The evolving scope of Trade Policy.
Jerevan November Tailing dams inspection Juliane Knaul Legal Expert, Agency of Mining, Geology and Minerals of Brandenburg, Germany AGENCY.
Pakistan Nuclear Regulatory Authority
IAEA International Atomic Energy Agency Responsibility for Radiation Safety Day 8 – Lecture 4.
RVF - The Swedish Association of Waste Management Gunnel Klingberg, RVF 2004 Waste Management Legislation In EU Gunnel Klingberg legal adviser RVF.
“Reform of the Child Care System: Taking Stock and Accelerating Action” South East Europe 3 – 6 July 2007, Sofia.
History of Nuclear Safety Legislation in Pakistan
EU: Bilateral Agreements of Member States
EU: Bilateral Agreements of Member States. Formerly concluded international agreements of Member States with third countries Article 351 TFEU The rights.
Tamara Ćapeta  Comparable to evolutive federations : Article 1 TEU:  “By this Treaty, the HIGH CONTRACTING PARTIES establish among themselves.
USNRC IRRS TRAINING Lecture 2
Regulatory Body MODIFIED Day 8 – Lecture 3.
THE EU DIRECTIVES RELATED TO RADIOACTIVE WASTE AND SPENT NUCLEAR FUEL Interregional Training Course on Technical Requirements to Fulfil National Obligations.
Nuclear and Treaty Law Section Office of Legal Affairs
ENVIRONMENTAL LIABILITY IN GREECE THE LEGAL FRAMEWORK & THE ROLE OF FINANCIAL GUARANTEES/ INSURANCE PRODUCTS TO COVER OPERATORS’ RESPONSIBILITIES UNDER.
Protection Against Occupational Exposure
„European Nuclear Energy Law in a Process of Change“ Institute for Energy and Mining Law, Ruhr University Bochum, Germany Focus an key legal aspects in.
IAEA International Atomic Energy Agency Overview of legal framework Regional Workshop - School for Drafting Regulations 3-14 November 2014 Abdelmadjid.
IAEA International Atomic Energy Agency Reviewing Management System and the Interface with Nuclear Security (IRRS Modules 4 and 12) BASIC IRRS TRAINING.
Croatian Report on new Environmental Protection Law Josipa Blažević-Perušić, B.Sc. Arch. State Secretary Anita Pokrovac-Patekar, B.Sc. Pharm. Senior Environmental.
IAEA International Atomic Energy Agency. IAEA Outline Learning Objectives Responsibilities and functions of the government Framework for safety The Regulatory.
Overview of the EU Food Safety Requirements
Support for the Modernisation of the Mongolian Standardisation system – EuropeAid/134305/C/SER/MN Training on standardisation Support to the Modernisation.
IAEA International Atomic Energy Agency PGEC Part IV The International System of Radiation Protection and the Regulatory Framework Module IV 2 Conceptual.
School for Drafting Regulations on Radiation Safety Vienna, November 2012 Rules and responsibilities of the regulatory body Jiří Veselý, SONS, Czech republic.
Ministry of Waters and Environmental Protection, ROMANIA 1 BERCEN 1 st Exchange program – November 2002 Croatia PROBLEMS AND SOLUTIONS IN COOPERATION.
Organization and Implementation of a National Regulatory Program for the Control of Radiation Sources Legislation.
IAEA International Atomic Energy Agency. IAEA Outline Learning Objectives Introduction IRRS review of regulations and guides Relevant safety standards.
Organization and Implementation of a National Regulatory Program for the Control of Radiation Sources Regulatory Authority.
56th Regular Session of the IAEA General Conference
The Principles Governing EU Environmental Law. 2 The importance of EU Environmental Law at the European and globallevel The importance of EU Environmental.
LEGAL and REGULATORY FRAMEWORK for NUCLEAR and RADIATION SAFETY in BULGARIA General overview Dr. M. Mateeva – Chief Inspector R. Markova-Mihaylova – Chief.
Aqua publica europea – ceep – EurEau Workshop on the Drinking Water Directive 7 October 2015, Milan Evaluation of the DWD – the European Commission perspective.
WHO, Almaty 2002 Food Legislation of the European Union and its effect on Slovak legislation1 Food legislation of the European Union and its effect on.
International Atomic Energy Agency Roles and responsibilities for development of disposal facilities Phil Metcalf Workshop on Strategy and Methodologies.
RER/9/096 Regional Planning Meeting “Strengthening National Infrastructures for the Control of Radiation Sources” (TSA-1), (Phase II) Country: Kyrgyz Republic.
International Atomic Energy Agency School for Drafting Regulations on Radiation Safety RER/9/096 Vienna, 3 May, 2010 Adriana Nicic, Regulatory Activities.
EU Basic Safety Directive 2013/59/Euratom TRAINING COURSE ON TECHNICAAL REQUIREMENTS TO FULFILL NATIONAL OBLIGATIONS FOR THE SAFE MANAGEMENT OF DSRS.
Milestones for Nuclear Power Infrastructure Development Establishment of A Regulatory Framework Gustavo Caruso, Section Head, Regulatory Activities Section.
The EU and Access to Environmental Information Unit D4 European Commission, Directorate General for the Environment 1.
IAEA International Atomic Energy Agency PGEC Part IV The International System of Radiation Protection and the Regulatory Framework Module IV.4 IAEA’s Fundamental.
Energy Georgi Simeonov European Commission DG ENER, Radiation Protection Unit 15th European ALARA Network Workshop and 5th EUTERP Workshop Education and.
Evaluation of restrictions: art. 15 and art TAIEX Seminar on the EU Service Directive, 3 May 2007 Carlos Almaraz.
EPHA Presentation Healthcare and social services treated equally as estate agents or advertising companies excluded from the Directive or Healthcare and.
Week 12. Lecture 2. Health Law & the EU Cross-border healthcare: patients’ rights.
Organization and Implementation of a National Regulatory Program for the Control of Radiation Sources Program Performance Criteria.
By Annick Carnino (former Director of IAEA Division of Nuclear Installations Safety) PIME, February , 2012.
Energy Meeting with the NGOs Taipei, 25 September 2013 Christian Kirchsteiger European Commission, Directorate-General for Energy (DG ENER) EU Policy Context.
European Radiation Protection K. SCHNUER 4th ISOE European Workshop on Occupational Exposure Management at Nuclear Power Plants Lyon 24 to 26 March 2004.
History of the European Union (EU) 1948 – Organization for European Economic Cooperation (OEEC) founded to administer U.S. Marshall Plan 1957 – Treaty.
Occupational Radiation Protection during High Exposure Operations
European Union Law Law 326.
 Progress with the revision and consolidation of the European Basic Safety Standards Directive Stefan Mundigl, Vesa Tanner European Commission DG Energy.
Nuclear and Treaty Law Section Office of Legal Affairs
Transposition of Requirements set out in the Basic Safety Standards for Nuclear Facilities in Lithuania Gintautas KLEVINSKAS Albinas MASTAUSKAS Radiation.
Office of Legal Affairs
The EU and International Environmental Law
STRESS TESTS and TAIWAN PEER REVIEW PROCESS
Vesa Tanner European Commission Directorate-General Energy
Nuclear and Treaty Law Section Office of Legal Affairs
EU Competences Tamara Ćapeta 2016.
European Union Law Law 326.
Nick Bonvoisin Secretary to the Convention on the
The IAEA Safety Standards
Comitology and the Treaty of Lisbon
The Treaty of Lisbon and Administrative Cooperation
EUROPEAN UNION CITIZENSHIP
European Union Law Daniele Gallo
Presentation transcript:

„European Nuclear Energy Law in a Process of Change“ Institute for Energy and Mining Law, Ruhr University Bochum, Germany Focus an key legal aspects in the Member States I.: nuclear safety

Overview on lectures to be held this week (1) Monday, , 14:00 – 15.30: Introduction - historical background of the nuclear integration in Europe (CERN, OEEC, Euratom) Tuesday, , 10:15 – 11:30: European Atomic Energy Community (Euratom) - nature, characteristic features, relation to the European Union, institutions- powers to create binding legislation (regulations, directives) and to issue binding decisions - overview of Euratom 's policies with regard to the decision making ofthe ECJ - Euratom and existing international treaties

Overview on lectures to be held this week (2) Wednesday, , 10:15 – 11:30: Focus an key legal aspects in the Member States I.: nuclear safety, competencies of Euratom vs. competencies of member states - key obligations arising from the current Euratom legislation - perspectives of the future developments Thursday, , 10:15 – 11:30: Focus an key legal aspects in the Member States II.: radioactive waste management: competencies of Euratom vs. competencies of member states - key obligations arising.from the current Euratom legislation - perspectives of the future developments Friday, , 10:15 – 11:30: Focus an key legal aspects in the Member States III.: nuclear liability, competencies of Euratom vs. competencies of member states - key obligations arising.from the current Euratom legislation - perspectives of the future developments

Nuclear Safety Focus an key legal aspects in the Member States I.

Nuclear Safety (1) 'Safety' is the achievement of proper operating conditions, prevention of accidents and mitigation of accident consequences, resulting in protection of workers, the public and the environment from undue radiation hazards.

Nuclear Safety (2) Safety concerns the protection of people and the environment against radiation risks, and the safety of facilities and activities that give rise to radiation risks. Safety concerns both risks under normal circumstances and risks as a consequence of incidents, as well as other possible direct consequences of a loss of control over a nuclear reactor core, nuclear chain reaction, radioactive source or any other source of radiation.

Nuclear Safety (3) There are many different types of sources of radiation, and hence safety includes the safety of nuclear installations, radiation safety, the safety of radioactive waste management and safety in the transport of radioactive material; it does not include non-radiation-related aspects of safety.

Nuclear Security 'Nuclear security' is the prevention and detection of, and response to, theft, sabotage, unauthorized access, illegal transfer or other malicious acts involving nuclear material, other radioactive substances or their associated facilities. The response element of the definition refers to those actions aimed at ‘reversing’ the immediate consequences of unauthorized access or actions (e.g. recovering material).

Safety and Health in Euratom Treaty: BSS (1) Basic standards shall be laid down within the Community for the protection of the health of workers and the general public against the dangers arising from ionizing radiations.

Safety and Health in Euratom Treaty: BSS (2) The expression ‘basic standards’ means: maximum permissible doses compatible with adequate safety; maximum permissible levels of exposure and contamination; the fundamental principles governing the health surveillance of workers.

Safety and Health in Euratom Treaty: BSS (3) The basic standards shall be worked out by the Commission after it has obtained the opinion of a group of persons appointed by the Scientific and Technical Committee from among scientific experts, and in particular public health experts, in the Member States. The Commission shall obtain the opinion of the Economic and Social Committee on these basic standards. After consulting the European Parliament the Council shall, on a proposal from the Commission, which shall forward to it the opinions obtained from these Committees, establish the basic standards; the Council shall act by a qualified majority.

Safety and Health in Euratom Treaty: Special obligations of the Member States (1) Any Member State in whose territories particularly dangerous experiments are to take place shall take additional health and safety measures, on which it shall first obtain the opinion of the Commission. The assent of the Commission shall be required where the effects of such experiments are liable to affect the territories of other Member States.

Safety and Health in Euratom Treaty: Special obligations of the Member States (2) Each Member State shall establish the facilities necessary 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 Commission shall have the right of access to such facilities; it may verify their operation and efficiency.

Safety and Health in Euratom Treaty: Special obligations of the Member States (3) Each Member State shall provide the Commission with such general data relating to any plan for the disposal of radioactive waste in whatever forms will make it possible to determine whether the implementation of such plan is liable to result in the radioactive contamination of the water, soil or airspace of another Member State. The Commission shall deliver its opinion within six months, after consulting the group of experts referred to in Article 31.

Safety and Health in Euratom Treaty: Special obligations of the Member States (4) The Commission shall make recommendations to the Member States with regard to the level of radioactivity in the air, water and soil. In cases of urgency, the Commission shall issue a directive requiring the Member State concerned to take, within a period laid down by the Commission, all necessary measures to prevent infringement of the basic standards and to ensure compliance with regulations. Should the State in question fail to comply with the Commission directive within the period laid down, the Commission or any Member State concerned may forthwith, by way of derogation from Articles 141 and 142, bring the matter before the Court of Justice.

Chapter III: Evaluation a)No explicit powers of Euratom in the area of nuclear safety b)No control powers of Euratom c)No competencies of Euratom to enter into the facilities

Post-Chernobyl period of development (1) Historically, two legislative “eras” can be distinguished: on the one hand, the post-Chernobyl era of the late 1980s, during which a number of essential secondary legislation was passed quickly to cope with imminent dangers related to the catastrophe. Hence, the urgent need for a Europe-wide warning system, how to deal with potentially contaminated food, the way to warn the general public and questions on the protection of professionals lead to the adoption of the following acts:

Post-Chernobyl period of development (2) 1987 ECURIE Decision 1987 Foodstuffs Regulation 1989 Public Information Directive 1990 Outside Workers Directive 1996 Basic Safety Standards 1997 Medical Exposures Directive 2003 “HASS” Directive

Post-Chernobyl period of development (3) Commission Recommendation 2004/2/Euratom of 18 December 2003 on standardised information on radioactive airborne and liquid discharges into the environment from nuclear power reactors and reprocessing plants in normal operation. Commission Recommendation 2000/473/Euratom of 8 June 2000 on the application of Article 36 of the Euratom Treaty concerning the monitoring of the levels of radioactivity in the environment for the purpose of assessing the exposure of the population as a whole

Chapter III. and the decision making of the ECJ (1) a)Military nuclear installations b)Civil nuclear installations

Military nuclear installations and the Euratom Treaty (1) C-61/03 (Jason) “It is necessary, however, to emphasise that the fact that the Treaty is not applicable to uses of nuclear energy for military purposes and that, accordingly, the Commission is not justified in relying on Article 37 EA in order to require Member States to provide it with information on the disposal of radioactive waste from military installations 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 (see, to that effect, Case C-62/88 Greece v Council [1990] ECR I-1527).“

Military nuclear installations and the Euratom Treaty (2) C-65/04 (Tireless) „Whether the provisions of that Treaty applied to activities within the military sphere would thus depend on the nature and scope of the obligations which those provisions impose on Member States. It would therefore be necessary to assess in each case the damage which performance of those obligations may cause to the essential national defence interests of those States.“

Civil nuclear installations and the Euratom Treaty (1) Opinion of the Advocate General Jacobs in the case C-29/99: „I consider therefore that the Community has certain limited regulatory competence in the matters covered by Article 7 of the Convention, which flow from Articles 2(b), 30, 31 and 32 of the Treaty as they must now be understood. That regulatory competence is exercised for example by Articles 3 to 5 (reporting and authorisation) and Articles 43 to 47 (operational protection of the population in normal circumstances) of the Basic Standards Directive. The fact that the Member States retain exclusive competence over the technological aspects of nuclear safety does not prevent the Community from adopting legislation which establishes certain safety requirements, authorisation requirements, inspection and assessment requirements or enforcement mechanisms.“

Civil nuclear installations and the Euratom Treaty (2) C-29/99: Even though the Euratom Treaty does not grant the Community competence to authorise the construction or operation of nuclear installations, under Articles 30 to 32 of the Euratom Treaty the Community possesses legislative competence to establish, for the purpose of health protection, an authorisation system which must be applied by the Member States. Such a legislative act constitutes a measure supplementing the basic standards referred to in that article.

Subsequent legislative making of the Euratom 2006 Shipments Directive 2009 Nuclear Safety Directive 2011 Radioactive Waste Directive

Nuclear Safety Directive Relation to the Nuclear Safety Convention Control powers remains in the hands of national administrative authorities Special framework for several types of activities (location, permitting, control, sanctios)

European Nuclear Safety Regulators Group (1) The European Nuclear Safety Regulators Group (ENSREG) is an independent, authoritative expert body created in 2007 following a decision of the European Commission. It is composed of senior officials from the national nuclear safety, radioactive waste safety or radiation protection regulatory authorities and senior civil servants with competence in these fields from all 27 Member States in the European Union and representatives of the European Commission.

European Nuclear Safety Regulators Group (2) ENSREG’s roleENSREG’s role is to help to establish the conditions for continuous improvement and to reach a common understanding in the areas of nuclear safety and radioactive waste management.

Discussing a new nuclear safety directive The Commission has proposed to amend the 2009 nuclear safety directive. The proposal: introduces new EU-wide safety objectives; sets up a European system of peer reviews of nuclear installations; establishes a mechanism for developing EU-wide harmonised nuclear safety guidelines; strengthens the role and independence of national regulators; increases transparency on nuclear safety matters; includes new provisions for on-site emergency preparedness and response.