Radioactivity - Treaty establishing the European Atomic Energy Community (Euratom)
UK regulation of radioactive substances is underpinned by the 1957 Euratom Treaty and subsequent EU Directives.
- The Euratom Treaty and establishment of the European Atomic Energy Community (on Europa website)
- Shipments of radioactive waste (Directive 92/3/Euratom)
- Standardised reporting of radioactive discharge
- Euratom Treaty in detail
Shipments of radioactive waste (Directive 92/3/Euratom)
Directive 92/3/Euratom established a system of control and prior authorisation for shipments of radioactive waste, to protect the health of workers and the general public and to avoid illicit traffic of such materials.
On 20 November 2006, the EU Council adopted Council Directive 2006/117/Euratom (‘the Shipments Directive’). The revised Directive covers shipments of spent fuel as well as radioactive waste and improves the existing consent procedure. The main differences between Directive 92/3/Euratom and the Shipments Directive are:
- inclusion of shipments of spent nuclear fuel for reprocessing
- compulsory automatic consent procedure
- incorporates technical aspects of other legislation, principally the Basic Safety Standards Directive
- exports of waste or spent fuel from the Community will require the consent of the destination country
The UK is obliged to implement this Directive by 25 December 2008. A consultation on the transposition of the revised Directive was launched 27 February 2008.
- consultation on the transposition of the revised Directive in the UK - deadline for responses 19 May 2008
Standardised reporting of radioactive discharges
In 2003 the European Commission published Recommendation 2004/2/Euratom proposing a standardised approach to reporting radioactive discharge data. The ultimate aim of this Recommendation is to allow data on radioactive discharges, as reported by Member States to the Commission, to be comparable on a Community-wide basis. Defra’s proposals in response to this measure were the subject of a public consultation which closed on 23 November 2007.
Euratom Treaty in detail
Chapter three of the Treaty, covering Health and Safety provisions, is significant to radioactive waste management. Defra has lead responsibility on a number of articles:
Article 31 - basic safety standards
Sets out the mechanism by which basic safety standards for exposures to radioactive substances are arrived at, both to the general public and those people working with radioactive materials. The Commission has set up a standing Committee, known as the Article 31 group of technical experts to consider these standards and other issues. It is comprised of scientific experts, and in particular public health experts, from the Member States. They advise the Commission on a regular basis. The Commission consults the Economic and Social Committee and the European Parliament on any proposed amendments to the standards. The Commission then presents its proposals to the Council. The Council considers them and can agree to them through a qualified majority vote.
Article 35 - monitoring
Each Member State must 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 has the right of access to such facilities; it may verify their operation and efficiency.
Article 36 - reporting
Sets out an obligation for each Member State to provide the Commission with periodic reports on the data collected under Article 35 so that it is kept informed of the level of radioactivity to which the public is exposed.
Article 37 – changes in emissions
Every time a Member State alters the way in which it plans to dispose of radioactive waste or has a new facility which may increase emissions it must make a submission to the Commission, known as an Article 37 submission. This must provide enough data to make it possible to determine whether the implementation of such plans is liable to result in the radioactive contamination of the water, soil or airspace of another Member state. The Commission deliver its opinion within six months, after consulting the group of experts referred to in Article 31.
Until the opinion of the Commission has been received an authorisation to carry out the work cannot be given. The details of how this system operates are set out in Commission Recommendation 1999/829/Euratom of 6 December 1999 on the application of Article 37 of the Euratom Treaty.
Page last modified: 28 February 2008