The European Commission has been trying, for a long time, unsuccessfully, to introduce Community legislation on nuclear safety, including waste disposal, but last year it won the support of the EU Member States. The Council adopted a Directive establishing a common EU framework for the nuclear safety of nuclear installations. The Convention on Nuclear Safety and the 2006 International Atomic Energy Agency Safety Fundamentals guidelines are voluntary. The Directive incorporates provisions of the Convention on Nuclear Safety and the International Atomic Energy Agency's Safety Fundamentals guidelines into EU legislation, which are now mandatory for all EU Member States. The Directive duplicates the work being carried out within the framework of the International Atomic Energy Agency and gives the Commission scope to interfere with decisions taken by Member States.

On 3 November, the European Commission adopted a proposal for a Council Directive on the management of spent fuel and radioactive waste, which according to the Commission “is a logical next step after the Nuclear Safety Directive.” The aim is to set up an EU legal framework for spent fuel and radioactive waste management. It remains to be seen if Member States would endorsed the draft directive as they already rejected, years ago, a similar legislative proposal. The proposal is going through the consultation procedure and qualified majority voting is required at the Council.

The European Commission is trying to set up a common EU approach for the storage of spent fuel and radioactive waste. Hence, the European Commission is once again interfering with the Member States’ competences, as the civilian use of the nuclear power as well as management of spent fuel and radioactive waste is member states responsibility. If the draft directive is adopted there will be a shifting of the decisions over radioactive waste disposal from the member states to Brussels. However, according to the Commission “The issue of spent fuel and radioactive waste management is clearly an area where national legislation has to be supplemented by legislation at EU level owing to the cross-border aspect of safety.” The Commission proposal would, therefore, interfere with the member states policies on the management of spent fuel and radioactive waste.


All EU Member States are members of the International Atomic Energy Agency (IAEA). The International Atomic Energy Agency (IAEA) has developed safety standards which are not legally binding and its incorporation into national legislation is voluntary. There is an international agreement that covers this area – the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management. The European Commission wants, therefore, to establish “a uniform approach at EU level.” Under the Commission proposal the international principles and requirements for spent fuel and radioactive waste management would become legally binding and enforceable.

The draft directive purpose is to establish a “Community framework for responsible management of spent fuel and radioactive waste, ensuring that Member States make appropriate national arrangements for a high level of safety and maintain and promote public information and participation with regard to spent fuel and radioactive waste management.” The draft proposal would apply to “all stages of the management of civilian spent fuel and radioactive waste from generation to disposal”, it would not apply to waste from extractive industries as well as to authorised releases.

Member States are therefore required to “establish and maintain national policies on spent fuel and radioactive waste management.” Under the draft proposal member states would be required to keep the generation of radioactive waste “to the minimum practicable” and that spent fuel and radioactive waste are safely managed, including in the long term.

The draft proposal lays down specific requirements for the scope, contents and review of national programmes for spent fuel and radioactive waste management. Hence, under the draft proposal Member States would be, therefore, required to establish and maintain a national legislative, regulatory and organisational framework for spent fuel and radioactive waste management, and then a national programme shall provide for implementation of the policy on spent fuel and radioactive waste management.

The national framework shall include, national requirements for the safety of spent fuel and radioactive waste management, as well as a licensing system on spent fuel and radioactive waste management activities and facilities, whereby it would be forbidden the operation of a spent fuel or radioactive waste management facility without a licence.

It shall also include an institutional control system providing for regulatory inspections and reporting. The draft proposal would require member states to ensure that the licence holder is the main responsible for the safety of spent fuel and radioactive waste management and such responsibility can not be delegated. In fact, the national framework shall also provide for enforcement actions, including suspension of activities or revocation of a licence.

Moreover, Member States would be also required to establish an independent competent regulatory authority in the field of safety of spent fuel and radioactive waste management, which shall have the necessary legal powers and human and financial resources to fulfill its obligations provided in the national framework. The competent regulatory authority would supervise licence holders while assessing and verifying the safety of their activities and facilities. The national framework shall require that licence holders provide for and maintain adequate financial and human resources to fulfill their obligations as regards the safety of spent fuel and radioactive waste management.

Furthermore, the national framework shall include arrangements for education and training so that parties with responsibilities for spent fuel and radioactive waste management obtain the expertise and skills required.

Under the draft proposal member states would be required to ensure that sufficient financial resources are available for spent fuel and radioactive waste management, taking into account the responsibility of radioactive waste producers ('polluter-pays-principle').

The draft proposal also requires, as part of the license application, a facility or activity safety case and a supporting safety assessment covering the siting, design, construction, operation, and decommissioning of a facility or closure of a disposal facility as well as long-term post-closure safety. The safety case and a supporting safety assessment of facilities and activities relating to the management of spent fuel and radioactive waste must be presented to the competent regulatory authority for approval. They shall show the level of protection provided and provide assurance to the competent regulatory authority that safety requirements will be met.

Member States would be required to transpose the Directive into national law within two years from its adoption by the Council, which is expected in 2011 consequently the deadline for national transposition would be 2013.

Moreover, within the national framework, Member States would be required to establish, implement and keep updated “national programmes” for the management of spent fuel and radioactive waste. The draft proposal would obliged all Member States to present to the Commission within 4 years of the adoption of the Directive, expected to be 2015, national programmes including plans for the development, the construction and financing of final repositories for spent fuel and radioactive waste. Such national programmes shall therefore cover all types of spent fuel and radioactive waste under member states jurisdiction and all stages of spent fuel and radioactive waste management from generation to disposal. It shall particularly indicate when, where and how member states will construct and manage final repositories. They shall include an inventory of all spent fuel and radioactive waste and previsions of future quantities, indicating the location and amount of the material as well as the level of hazard. They shall also provide for plans and technical solutions from generation to disposal and for the post-closure period of a disposal facility.

Such national programmes shall therefore contain plans for the construction and the management of disposal facilities, providing a “concrete time table” for the construction and the description of all the activities necessary to implement the disposal solutions as well as costs assessments and the description of the financing schemes. The Commission has recalled that its 2006 Recommendation asks “the operator of nuclear power plants to put money aside for the financing future disposals.” Such plans shall also be financed by national funds.

According to the Commission “deep geological disposal is the most appropriate solution for the final disposal of high level nuclear waste.” Member States are therefore urged to bury their nuclear waste deep underground. Presently, just Finland, Sweden and France have plans for repositories. The Commission has not established yet a deadline for constructing or opening repositories.

Moreover, the draft proposal requires the radioactive waste to be disposed in the Member State in which it was generated. Member States may agree between themselves to use disposal facilities in one of them. The Commission has stressed that is forbidden to export nuclear waste to countries outside the EU for final disposal.

Member States must notify their national programmes as well as any subsequent significant changes to the Commission. Unsurprisingly, the Commission may request a revision that shall be implemented by the Member States. Moreover, Member States would be required to every 10 years, selfassess and ask for international peer review of their national framework, competent regulatory authority, national programme and its implementation.

Under the proposal Member States would be required to provide information on the management of spent fuel and radioactive waste to workers and the general public. It remains to be seen if such provision would jeopardize national security. Moreover, the public shall be given the opportunity to participate effectively in the process of decision making on spent fuel and radioactive waste management.