About Euratom

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About Euratom
Piotr SZYMANSKI, Director Nuclear Safeguards
DG ENERGY, European Commission
CEOC Conference, EU Energy Policy – „New Challenges for Third
Party Inspection and Certification Bodies“, 30.05.2011

Overview
• Purpose of this presentation
• Treaties: foundation of the EU
• Euratom Treaty and examples of its
application
– Nuclear safeguards
– Nuclear safety
• EU response to Fukushima accident nuclear power plants stress tests

Purpose of this presentation
• Remind you about the EU legal basis
to help in following current developments
• Tell (remind) you about the Euratom
Treaty
• Show examples of the Commission‘s work
in the nuclear field
 Integration – what does it mean?
Multinational integration process :
Independent entities (e.g. states)
through
Voluntary binding measures (e.g. treaties)
establish
Common institutions (e.g. Commission) to
develop
Common policies (e.g. on energy)
pursuing
Common goals and serving common interests
(e.g. protect the environment)
 Treaties and history of the EU
1948
1952
1958
1967
1987
European Coal and
Steel Community (ECSC)
European Atomic Energy
Community (EAEC=EURATOM)
European Economic
Community (EEC)
▲ European Communities ▲
European
Political
Cooperation
(EPC)
Western European Union (WEU)
Brussels
(1948)
Paris
(1952)
Rome
(1958)
Brussels
(1967)
SEA
(1987)
 Treaties and history of the EU
1993
1999
2003
2009
…
European Atomic Energy Community (EAEC or EURATOM)
European Coal & Steel Community (ECSC)
European Community (EC)
Justice & Home Affairs
(JHA)
Police & Judicial co-operation
in criminal matters (PJCC)
European Union
European
(EU)Union
(EU)
Common Foreign and Security Policy (CFSP)
WEU
Maastricht
(1993)
Amsterdam
(1999)
Nice
(2003)
Lisbon
(2009)
…
…

Structure of the EU
European Union
(=TEU, TFEU, Charter)
Treaty on the European Union (TEU)
Treaty on the Functioning of the European Union (TFEU, ex-EC)
Treaty of Lisbon

The EU Institutions
European Council (summit)
European Parliament
Court of
Justice
Court of
Auditors
European Investment Bank
Council of Ministers
(Council of the EU)
European Commission
Economic and Social
Committee
Committee of the Regions
Agencies
European Central Bank

How EU laws are made
Citizens, interest groups, experts: discuss, consult
Commission: makes formal proposal
Parliament and Council of Ministers: decide jointly
National or local authorities: implement
Commission and Court of Justice: monitor implementation

Legal framework of the
European Union
The Treaty of Lisbon (signed 2007)
– amends the two treaties which comprise the
constitutional basis of the European Union:
• Treaty on European Union (TEU; also known as
the Maastricht Treaty)
• Treaty establishing the European Community
(TEC; also known as the Treaty of Rome).
– Consists of two Treaties:
TEU and
TFEU (Treaty on Functioning of the EU)
 Treaty on Functioning of European
Union (TFEU)
Article 194 – Energy
“Union policy on energy shall aim…to“:
 Ensure the functioning of the energy market
 Ensure security of energy supply
 Promote energy efficiency, energy saving,
development of new and renewable energy
 Promote interconnection of energy networks
 Treaty on Functioning of European
Union (TFEU) – changes
Article 194 – Energy
 Legislation by ordinary legislative procedure
(= co-decision with qualified majority in Council)
 Legislation of fiscal nature by special
legislative procedure (= unanimity in Council)
 Member States’ rights not affected
 to determine conditions of exploiting energy
resources
 to choose between different energy sources and
 to choose the general structure of its energy supply
 Treaties and history of the EU
1993
1999
2003
2009
…
European Atomic Energy Community (EAEC or EURATOM)
European Coal & Steel Community (ECSC)
European Community (EC)
Justice & Home Affairs
(JHA)
Police & Judicial co-operation
in criminal matters (PJCC)
European Union
European
(EU)Union
(EU)
Common Foreign and Security Policy (CFSP)
WEU
Maastricht
(1993)
Amsterdam
(1999)
Nice
(2003)
Lisbon
(2009)
…
…

Legal framework of the
European Union
The EURATOM Treaty (signed 1957)
“It shall be the task of the Community to
contribute
» to the raising of the standards of living in
the Member States and
» to the development of relations with the
other countries
by creating the conditions necessary for the
speedy establishment and growth of the
nuclear industries”
 Euratom after Lisbon: changes
Protocol No.2 amending the Euratom Treaty
Preamble
„European Atomic
Energy Community
should continue to
have full legal effect“
Art 106a
General provisions
of TEU and TFEU
apply
 Euratom after Lisbon: changes
• Separate legal entity (Art 184)
• Identical institutions, budget etc with EU
• Special legislative procedures continue
 Role of the European Parliament remains largely
advisory (no co-decision with Council), e.g. Art.
31, 32 or Art. 79 (3) Euratom Treaty
 Article 31 group and Economic and Social
Committee continue to be consulted

Specific tasks of EURATOM
According to the Treaty, specific tasks are:
• to promote research and ensure the
dissemination of technical information
• to establish uniform safety standards to
protect the health of workers and of the
general public and ensure that they are
applied (Example 2)
• to facilitate investment and ensure the
establishment of the basic installations
necessary for the development of nuclear
energy in the EU

Specific tasks of EURATOM
• to ensure that all users in the EU receive a
regular and equitable supply of ores and
nuclear fuels
• to make certain that civil nuclear materials are
not diverted to other (particularly military)
purposes (Example 1)
• to exercise the right of ownership conferred
upon it with respect to special fissile materials
• to foster progress in the peaceful uses of
nuclear energy by working with other
countries and international organisations
• to establish joint undertakings

Overview
• Purpose of this presentation
• Treaties: foundation of the EU
• Euratom Treaty and examples of its
application
– Nuclear safeguards
– Nuclear safety
• EU response to Fukushima accident nuclear power plants stress tests
 Example 1: Nuclear Safeguards
Treaty requires Commission to satisfy itself that:
 In the territories of Member States:
…materials are not diverted from their
intended uses as declared by the users
…provisions relating to safeguarding
obligations under an agreement with a Third
State or an international organisation are
complied with.
 Exception:
EURATOM Safeguards do not extend to
materials intended to meet defence
requirements
 Safeguards implementation methodology
• Operator:
– Provides basic technical characteristics (BTC) of the installation
– Keeps operating records to permit accounting for the material
– Provides accounting data to the Commission
• Commission verifies:
– data consistency
– coherence with records kept at the installation
– data correspondence to the physical reality
Verification work is done in nuclear installations,
Joint Research Centre and
safeguards headquarters in Luxembourg
cooperation with the International Atomic Energy Agency (IAEA)
 Safeguards implementation inspectors
• Recruited by the Commission (Treaty art. 82)
• Have access to all places, data and persons,
at all times, to the extent necessary to apply
safeguards
• ~160 inspectors:
– ~1500 inspections/year
– ~4100 inspection-person-days/year
 Safeguards enforcement
• If carrying-out of the inspection is opposed
– Commission will submit an application to the
President of the Court of Justice who may order
to perform compulsory inspection
• If an infringement is found – sanctions:
– On the operator:
• warning, withdrawal of benefits, placing company
under administration, withdrawal of nuclear material
– On the Member State:
• Commission Directive
 Example 2: Nuclear safety
• Council Directive 2009/71/Euratom of 25 June
2009 establishing a Community framework for the
nuclear safety of nuclear installations
–
gives binding legal force
to international safety
standards (IAEA, CNS)
–
establishes national
responsibility for
nuclear safety
–
enhances independence
of regulators
–
ensures continuous
improvement
of safety

• Nuclear Waste Directive: revised proposal
adopted by the Commission on 3 November
2010
 Waste and spent fuel volumes produced in
2004
Spent
Low Level
Long-lived 5%
HLW in a
person‘s
lifetime
Fuel +
High Level
10%
Low + Intermediate
Level
Short-lived
Nuclear waste (including low,
intermediate and high level
waste) and spent fuel volume
a year in the EU is less than
100.000m3
2 football fields (staple height 7m)
85%

Overview
• Purpose of this presentation
• Treaties: foundation of the EU
• Euratom Treaty and examples of its
application
– Nuclear safeguards
– Nuclear safety
• EU response to Fukushima accident nuclear power plants stress tests

Sequence of Events in Japan
Fukushima Dai-ichi
•
Units 1-3 in operation, units 4-6 in maintenance and
refuelling state.
•
Earthquake level: 9 on Richter scale.
•
Normal plant shutdown – loss of off-site electrical
power supply but emergency diesel generators
working as foreseen – all normal in terms of cooling
the reactors and fuel pools – decay heat removal.
•
Tsunami: 14 m while design basis was 6,5 m [for an
historical tsunami of 5,7 m].
•
Flooding of diesels and auxiliary equipment.
 Flooding, Trenches, Turbine
building
Source data: Fed of Electric Power Companies/VGB
 EU Response, after 11 March 2011
• Commissioner Oettinger called a High
Level Conference on 15 March 2011:
Ministers, Nuclear Safety Authorities and
Industry.
Introduction of
safety "stress
tests" at EU
nuclear power
plants

EU Response
• 16 March 2011: Council Working Group (AQG) defined a first
set of criteria for “comprehensive risk and safety
assessments”
• Initiating events
– The seismic characteristics of the sites
– The possibility of flooding
– Resistance to man induced events (e.g. terrorist acts)
• Status of the facility
– The type of reactor
– The aging of the power plants
– The technical design and features of the cooling systems
– The technical design and arrangements of the backup systems
• Emergency procedures and preparedness
• 21 March 2011: Council confirmed the approach
 EU Response
• 24-25 March 2011: European Council
EU leaders declared that the nuclear issue a top priority and stressed the
need to learn the lessons from the nuclear accident.
They decided that the safety of EU nuclear plants should be reviewed in
risk and safety assessments, the so-called "stress tests".
The Commission will ensure that the test modalities are defined as soon as
possible and the tests carried out.
Nuclear particles know no borders. That is why neighbouring countries
should be encouraged to do similar stress tests. "A worldwide review of
nuclear plants would be best," said Herman Van Rompuy."

Stress tests - timeframe
• 25 May 2011: Stress tests announced
– Start: 1 June
– Licensee report (15.08, 31.10)
– National report (15.09, 31.12)
– European Commission report to the EU Council
(9.12, June 2012)
– Peer review of national reports (by 04.2012)

Stress tests – cont.
– Transparency
• National reports - public (in accordance to legislation)
• Results of peer reviews - public
– The Commission is working to extend the
assessments to other countries, in particular
those neighbours operating nuclear installations:
Switzerland, the Russian Federation, Ukraine and
Armenia.

Stress tests - cont
Targeted reassessment of nuclear power plant
safety margins:
– response to set of extreme situations
– preventive and mitigative measures following
defence-in-depth logic
To evaluate:
– robustness of defence-in-depth approach
– adequacy of accident management measures
To identify
– Potential for safety improvements
Thank you for your attention
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