Regulatory Impact Analysis
Proposed Council Directive (Euratom)
amending Directive 2009/71/EURATOM establishing a Community Framework for the
nuclear safety of nuclear installations
1.
INTRODUCTION
This is a Regulatory Impact Analysis (RIA) on the proposed Directive (Euratom)
amending Directive 2009/71/EURATOM establishing a Community Framework for
the nuclear safety of nuclear installations (COM(2013) 343 final) of 17 June 2013.
The basis for this document is the document produced by the European Commission
setting out the context of the proposal as well as the draft Directive itself. It is
available at http://ec.europa.eu/energy/nuclear/safety/doc/com_2013_0343_en.pdf.
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The proposed Directive sets out to amend, strengthen and supplement the original
Nuclear Safety Directive, by combining technical improvements with wider safety
issues such as governance, transparency and on-site emergency preparedness and
response. A copy of the proposed Directive is available on the Department's website
(www.environ.ie).
The purpose of this RIA is to outline the contents of the proposed Directive and to
seek the views of stakeholders in order to inform Ireland’s participation in EU
negotiations on the draft Directive. Comments are invited on any aspect of this
document or on any aspect of the proposed Directive. Comments must be received
by 19 July 2013 and should be submitted either by email to
radiationpolicy@environ.ie or by post to Environmental Radiation Policy Section,
Department of Environment, Community and Local Government, Newtown Road,
Wexford, Co. Wexford. There will be further opportunity for comment as the Directive
is progressed by the Commission.
This RIA may be subject to further amendment before the Directive is finalised, and
as part of the subsequent transposition of the adopted Directive into Irish law.
2.
DESCRIPTION OF POLICY CONTEXT, OBJECTIVES AND OPTIONS
2.1
Policy Context
Nuclear energy currently generates close to 30% of all electricity in the EU and about
two-thirds of its low-carbon electricity. Nuclear safety is of the utmost importance to
the EU and its people. The costs of a nuclear accident could be so large, that they
are potentially ruinous to national economies. It is therefore essential for society and
the economy to reduce the risk of a nuclear accident in a Member State of the EU by
applying high nuclear safety standards and a high quality of regulatory oversight. The
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Fukushima nuclear accident in Japan in 2011 renewed political attention worldwide
on the measures needed to ensure robust levels of nuclear safety.
Based upon a mandate from the European Council in March 2011, the European
Commission (EC), together with the European Nuclear Safety Regulators Group
(ENSREG), launched EU-wide comprehensive risk & safety assessments of nuclear
power plants ('Stress Tests'). The results identified differences in nuclear safety
approaches and industry practices in the participating countries.
The mandate from the European Council included the request to the EC to review the
existing legal and regulatory framework for the safety of nuclear installations and to
propose any improvements that may be necessary. Any legislative proposals should
take into account the conclusions of the Stress Tests and the lessons learned from
the Fukushima nuclear accident, as well as the input from an open public
consultation and stakeholders' views. The consultation showed that a large majority
are in favour of reinforcing the EU legislative framework.
The selected option amends the existing Council Directive 2009/71/Euratom
establishing a Community framework for the nuclear safety of nuclear installations
('Nuclear Safety Directive'), by strengthening existing / introducing new general
nuclear safety principles and requirements, complemented by harmonised Euratom
nuclear safety criteria and procedures to verify their implementation at national level.
It also provides for greater independence of the regulators and increased public
transparency about the performance of the industry and the regulators.
The Euratom Treaty establishing the European Atomic Energy Community (Euratom)
was initially created to coordinate the Member States' research programmes for the
peaceful use of nuclear energy. The Euratom Treaty today helps to pool knowledge,
infrastructure, and funding of nuclear energy. It ensures the security of atomic energy
supply within the framework of a centralised monitoring system. The European
Atomic Energy Community (Euratom) acts in several areas connected with atomic
energy, including research, the drawing-up of safety standards, and the peaceful
uses of nuclear energy.
2.1.2
Existing legal instruments affecting the safety of nuclear installations
The competence of Euratom to regulate in the field of the health protection against
ionising radiation is explicitly recognised by the Euratom Treaty. In the Treaty's
Preamble, the Member States declare themselves "anxious to create conditions of
safety necessary to eliminate hazards to the life and health of the public". Pursuant to
Article 2(b) of the Treaty, the Community is mandated to "establish uniform safety
standards to protect the health of workers and of the general public and ensure that
they are applied." Title II, Chapter 3 "Health and Safety", sets up a number of
detailed provisions intended to establish, give effect and apply the basic safety
standards mentioned in Article 2(b) of the Euratom Treaty. Article 30(1) of the
Euratom Treaty establishes that "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."
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Article 31 sets out the procedure for establishing the basic standards, while Article 32
provides that the basic standards may be revised or supplemented. The ruling of the
Court of Justice of the EU in the Case C29/99 acknowledged that "it is not
appropriate, in order to define the Community's competences, to draw an artificial
distinction between the protection of the health of the general public and the safety of
sources of ionising radiation". The basic safety standards aiming mainly at the
protection of the health of the workers and the general public against the dangers
arising from ionising radiation can be thus "supplemented", in the sense of the
Euratom Treaty, with safety requirements. Consequently, the legal basis for
regulating nuclear safety on Community level is defined by Articles 31 and 32
Euratom Treaty. Therefore the Nuclear Safety Directive is legally based on Articles
31 and 32 Euratom Treaty. For this reason, any legislative amendment of the Safety
Directive in the scope of the "basic standards" as defined in Article 30 Euratom
Treaty has to be based on the same Treaty provisions.
2.2
Objectives
According to Article 6 of the Nuclear Safety Directive, the prime responsibility for
nuclear safety lies with the ‘licence holder’ (i.e. the plant operator) under the
supervision of the national competent regulatory authority. Member States are
responsible for establishing and maintaining a national legislative, regulatory and
organisational framework for nuclear safety. Under the Euratom Treaty, the
Commission can make legislative proposals to create an EU legislative framework for
nuclear safety.
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To protect workers and the general public from dangers arising from ionising
radiations from nuclear installations, by achieving proper operating conditions,
preventing accidents and mitigating accident consequences;
To maintain and promote the continuous improvement of nuclear safety and
its regulation at Euratom level;
To ensure that Member States provide for appropriate national arrangements
to meet these objectives.
As currently drafted, the amending Directive contains the following provisions:
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The EU's nuclear safety framework would be aligned to the latest technical
standards, incorporating the lessons learned from the stress tests and the Fukushima
nuclear accident investigations.
National regulatory authorities would be given a greater role, greater independence
and appropriate staff and resources.
New safety objectives would be introduced covering all stages of the lifecycle of
nuclear installations (siting, design, construction, commissioning, operation,
decommissioning).
An EU-wide system of regular peer reviews of nuclear installations would be
introduced to verify the level of technical compliance with the safety objectives.
Based on the results of the peer reviews EU-wide technical guidelines would be
developed for the improvement of nuclear safety.
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2.3
Plant licence holders and regulators would be required to provide information to the
public promptly and regularly, particularly in case of accidents.
The citizens would have the opportunity to participate in the licensing process of
nuclear installations.
The prime responsibility for the safety of nuclear installations would remain with the
licence holder.
Next Steps
The proposed Directive is subject to negotiation among the Member States before
being adopted by the European Council. The approval of the European Parliament
will also be required.
As such, the final text of the Directive will depend on the outcome of these
negotiations and discussions. Member States will have to transpose the Directive
into national law within 18 months of its adoption by the Council. The Commission
are aiming for adoption of the Directive by all Member States in 2014.
The method of transposition of the proposed Directive into Irish law will be
considered in light of the final negotiated text of the Directive when it is adopted by
the Council and the Parliament.
3.
IDENTIFICATION OF COSTS, BENEFITS AND IMPACTS
3.1
Costs
The proposed Directive is not expected to have cost implications for Ireland as
Ireland has no nuclear power industry. However, stakeholders may wish to identify
specific cost implications of the proposed Directive as part of the consultation on this
RIA.
3.2
Benefits
The Commission has stated that the rigorous safety provisions help ensure that
accidents like Fukushima will not happen in Europe. They also guarantee the most
efficient response should a nuclear emergency nevertheless occur. Amending the
nuclear safety directive from 2009, the European Commission sets out EU-wide
safety objectives that they claim will significantly reduce the risks and protect people
and the environment. By introducing a system of regular European peer reviews,
increasing transparency on nuclear safety matters and strengthening the powers of
national regulators, the directive aims at continuous improvement of nuclear safety
across the EU.
The Commission in their Impact Assessment of the proposed amending Directive
considers that the proposal would likely result in significant further improvements to
the safety of EU nuclear power plants through the adoption of Euratom Nuclear
Safety Criteria, which provide for objective, verifiable safety benchmarks.
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3.3
Summary of Costs, Benefits and Impacts
The summary of costs, benefits and impacts will be identified in light of the outcome
of the consultation on this RIA, the conclusions on the final negotiated text when the
Directive is adopted by the Council and the Parliament, and having regard to the
transposition of the Directive into Irish law.
4.
CONSULTATION
In formulating proposals on the proposed Directive, the Commission undertook a
programme of research consultation with stakeholders. Details of the consultation
are outlined in the Commission document Com (2013) 343 final.
http://ec.europa.eu/energy/nuclear/safety/doc/com_2013_0343_en.pdf
Following publication of the draft Directive, the Department of Environment,
Community and Local Government is now consulting with other Government
Departments and Agencies, and key stakeholders as well as the public. This RIA is
being placed on the Department's website (www.environ.ie) for this purpose. The
outcome of this consultation process and subsequent consultations arising in the
context of the transposition of the final Directive into Irish law will be reflected in the
final version of this RIA.
5.
ENFORCEMENT AND COMPLIANCE
The RPII is the statutory authority with responsibility for regulatory, monitoring and
advisory matters pertaining to ionising radiation. As such, it is envisaged that the
RPII will be designated the competent authority in Ireland for the implementation of
the proposed Directive.
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REVIEW
Mechanisms to review the Directive will depend on the final negotiated text of the
Directive when it is adopted by the Council and the Parliament.
Environmental Radiation Policy & Departmental Strategy,
Department of the Environment, Community and Local Government,
Newtown Road,
Wexford,
Co. Wexford
radiationpolicy@environ.ie
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