43 Amendments of Kathleen VAN BREMPT related to 2010/0306(NLE)
Amendment 50 #
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty establishing the European Atomic Energy Communityon the Functioning of the European Union, and in particular Articles 3194 and 3192 thereof,
Amendment 59 #
Proposal for a directive
Recital 16
Recital 16
(16) Existing Community legislation does not lay down specific rules ensuring safe and sustainable management of spent fuel and radioactive waste at all stages, from generation to final disposal.
Amendment 60 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Radioactive waste, spent fuel and their storage and disposal involve major risks, as became painfully clear in Fukushima where severe accidents occurred in storage and disposal facilities; safety measures regarding radioactive waste and spent fuel should be tightened.
Amendment 67 #
Proposal for a directive
Recital 23
Recital 23
(23) There is a growing recognition in the Union as well as worldwide of the need for a responsible use of nuclear energy, covering in particular, especially after the recent serious nuclear accident in Japan, of the need for strengthening the rules regarding nuclear safety and security. In this context the severe issue of spent fuel and radioactive waste management needs to be addressed in order to ensure a safe, optimised and sustainable use of nuclear energystorage and/or disposal.
Amendment 72 #
Proposal for a directive
Recital 24
Recital 24
(24) While it is up to the Member States to define their energy mix, aAll Member States generate radioactive waste, whether or not they have nuclear reactors. Radioactive waste arises mainly from activities of the nuclear fuel cycle, such as the operation of nuclear power plants and the reprocessing of spent fuel, but also from other activities, such as applications of radioactive isotopes in medicine, research and industry.
Amendment 76 #
Proposal for a directive
Recital 25
Recital 25
(25) The operation of nuclear reactors also generates spent fuel. Each Member State may define its fuel cycle policy considering spent fuel as a valuable resource that mayto be reprocessed, or deciding to dispose of it as wasteto be disposed. Whatever option is chosen, the final storage or disposal of high level waste, separated at reprocessing, or of spent fuel regarded as waste should be considered.
Amendment 79 #
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25a) Spent fuels stored in pools represent an additional potential source of radioactivity in the environment, in particular if the cooling ponds are not covered anymore, as recently shown in Fukushima.
Amendment 80 #
Proposal for a directive
Recital 25 b (new)
Recital 25 b (new)
(25b) The management of spent fuels starts at the moment of the fuel rods are moved from the nuclear reactor.
Amendment 88 #
Proposal for a directive
Recital 27 a (new)
Recital 27 a (new)
(27a) Workers and the general public face an unacceptable and growing risk due to the conditions under which some historic wastes, such as plutonium-bearing sludges or contaminated graphite, are being stored. Unconditioned, readily dispersible waste forms and spent fuel in unprotected pools constitute stores which are radiotoxic as well as being highly vulnerable and pose an ongoing risk of accident or target for terrorist attack.
Amendment 92 #
Proposal for a directive
Recital 29
Recital 29
(29) The typical dDisposal concepts for short lived low and intermediate level waste is near surface disposalvary from near surface disposal (in buildings, shallow burial or burial down to a few tens of metres below the surface) to state- of-the-art disposal in geologic repositories 70-100 m underground. Nearly all the long-lived short and intermediate radioactive waste are stored. Following 30 years of research, it is broadly accepted at the technical levelssumed by nuclear interests that deep geological disposal represents the safest and most sustainablemost economic option as the end point of the management of high level radioactive waste, and spent fuel considered as waste. Thus moving towards implementation of disposallthough there is other options like engineered storage facilities on or near-surface, dry- rock disposition or disposal in deep bore- holes (3000 to 5000 meter deep) are also under investigation. Thus further research in these fields should be pursued.
Amendment 101 #
Proposal for a directive
Recital 30
Recital 30
(30) Although each Member State is responsible for its own policy on spent fuel and radioactive waste management, that policy should not only respect the relevant fundamental safety principles set by the IAEA43 but also impose the highest safety standards that reflect state of the art practices on the regulatory and operational level and Best Available Technology (BAT). It is an ethical obligation of each Member State to avoid any undue burden on future generations in respect of the historical and existing spent fuel and radioactive waste, as well as those expected from decommissioning of existing nuclear installations. Member States should therefore establish a decommissioning policy that guarantees that facilities are dismantled in the safest manner as early as possible after their closure.
Amendment 106 #
Proposal for a directive
Recital 33
Recital 33
(33) A national programme should be established to ensure the transposition of the political decisions into clear provisions for the timely implementation of all steps of spent fuel and radioactive waste management from generation to final disposal. This should include all activities that relate to handling, pre-treatment, treatment, conditioning, storage, and disposal of radioactive waste. The national programme may be a reference document or a set of documents.
Amendment 107 #
Proposal for a directive
Recital 34 a (new)
Recital 34 a (new)
(34a) Workers along the whole chain of spent fuel and radioactive waste management need to be protected and covered, regardless of their activity or status; the long term effects on the health and safety of workers need to be considered in any management instrument for spent fuel and radioactive waste.
Amendment 108 #
Proposal for a directive
Recital 34 b (new)
Recital 34 b (new)
(34b) When implementing this Directive, special attention must be given to workers at risk; non-compliance with health and safety legislation must be followed by immediate and severe sanctions.
Amendment 112 #
Proposal for a directive
Recital 36
Recital 36
(36) Cooperation between Member States and at an international level could facilitate and accelerate decision-making through access to high quality expertise and technology, as well as to best practices.
Amendment 119 #
Proposal for a directive
Recital 39
Recital 39
(39) The safety case and the graded approach should provide a basis for decisions related to the development, operation and closure of a storage, including spent fuels in pools, and disposal facility and should allow the identification of areas of uncertainty on which attention needs to be focused to further improve the understanding of those aspects influencing the safety of the storage or disposal system, including natural (geological) and engineered barriers, and its expected development over the time. The safety case should include the findings of the safety assessment and information on the robustness and reliability of the safety assessment and the assumptions made therein. The safety case for low-level waste and short-lived intermediate-level waste has to be made for at least 500 years and for high-level waste or spent nuclear fuel for at least 100 000 years. It should therefore provide the collection of arguments and evidence in support of the safety of a facility or activity related to the management of spent fuel and radioactive waste.
Amendment 123 #
Proposal for a directive
Recital 39 a (new)
Recital 39 a (new)
(39a) Union legislation on health and safety at work is also applicable to the management of spent fuel and radioactive waste.
Amendment 129 #
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
(2) It ensures that Member States provide for appropriate national arrangements for a high level of safety in spent fuel and radioactive waste management to protect workers and, the general public as well as the natural environment against the dangers arising from ionizing radiation.
Amendment 131 #
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
(2) It ensures that Member States provide for appropriate national arrangements for athe highest level of safety in spent fuel and radioactive waste management to protect workers and the general public against the dangers arising from ionizing radiation.
Amendment 135 #
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) all stages of spent fuel management when the spent fuel results from the operation of civilian nuclear reactors or is managed within civilian activities;
Amendment 138 #
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) all stages of radioactive waste management, from generation up to disposal, when the radioactive waste results from civilian activities or is managed within civilian activitiesand including final storage and disposal;
Amendment 142 #
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) all stages of radioactive waste management, from generation up to final disposal, when the radioactive waste results from civilian activities or is managed within civilian activities;
Amendment 143 #
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
(2) Waste from extractive industries which may be radioactive and falls within the scope of Directive 2006/21/EC shall notalso be subject to this Directive.
Amendment 144 #
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 157 #
Proposal for a directive
Article 3 – point 11
Article 3 – point 11
(11) ) ‘spent fuel management’ means all activities that relates to the handling, storage including intermediate storage, reprocessing, or disposal of spent fuel, exincluding off-site transportation;
Amendment 176 #
Proposal for a directive
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
(d) spent fuel and radioactive waste are safely managed, includi so long inas the long termy are hazardous to people and the environment.
Amendment 178 #
Proposal for a directive
Article 4 – paragraph 2 – point d a (new)
Article 4 – paragraph 2 – point d a (new)
(da) to inform the public regarding national policies on spent fuel and radioactive waste management, in a way that is transparent and impartial, according to Article 12.
Amendment 179 #
Proposal for a directive
Article 4 – paragraph 2 – point d a (new)
Article 4 – paragraph 2 – point d a (new)
(da) exposure of workers, the public and the environment to spent fuel and radioactive waste is avoided.
Amendment 181 #
Proposal for a directive
Article 4 – paragraph 2 – point d b (new)
Article 4 – paragraph 2 – point d b (new)
(db) measures are taken to cover the future health and environmental risks for exposed workers and the general public.
Amendment 199 #
Proposal for a directive
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
(3a) The export of radioactive waste, including plutonium, and spent fuel to third countries is prohibited.
Amendment 216 #
Proposal for a directive
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
(3a) The competent regulatory authority will have the powers and resources to regularly carry out nuclear safety assessments, investigations and controls, and where necessary enforcement actions in the facilities even during decommissioning. The health and safety of workers, including any sub- contractors, as well as staff levels and training are to form part of these assessments.
Amendment 219 #
Proposal for a directive
Article 6 – paragraph 3 b (new)
Article 6 – paragraph 3 b (new)
(3b) Member States shall ensure that the competent regulatory authority is empowered to order the suspension of operations in cases where safety is not guaranteed.
Amendment 220 #
Proposal for a directive
Article 6 – paragraph 3 c (new)
Article 6 – paragraph 3 c (new)
(3c) The competent regulatory authority will report to the Member States and relevant competent organisations, licence holders, workers’ representatives of the licence holder, sub-contractors and the general public regarding the results of their assessments.
Amendment 224 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
(2) Member States shall ensure that the national framework requires licence holders, under the supervision of the competent regulatory authority, to regularly assess and verify, and continuously improve, as far as reasonably achievable, the safety of their activities and- including the health and safety of workers and subcontractors and the safety of their facilities - in a systematic and verifiable manner. Licence holders shall report to the competent regulatory authority and other relevant competent organisations, representatives of their employees, subcontractors and the general public regarding the results of their assessments.
Amendment 229 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
(3) The assessments referred to in paragraph 2 shall include verification that measures are in place to prevent accidents and mitigate the consequences of accidents, including verification of the physical barriers and the licence holder's administrative procedures for protection that would have to fail before workers and, the general public as well as the natural environment would be significantly affected by ionizing radiation.
Amendment 233 #
Proposal for a directive
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
(5a) Member States shall ensure that license holders inform cross-border regional and local authorities of their plans to establish a waste management facility at the earliest possible date, if such a facility is located within such a distance of the national border that cross-border influence is likely to occur during building, operation or after abandonment of the facility, or in the case of an accident or incident related to the facility.
Amendment 236 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
(2) The safety case and supporting safety assessment shall cover the siting, design, construction, operation, and decommissioning of a facility or operation of spent fuels pools, a final storage facility or operation and closure of a disposal facility; the safety case shall specify the standards applied for this assessment. The long-term and post-closure safety shall be addressed, in particular how it is ensured by passive means to the fullest extent possible. The safety case and supporting safety assessment shall include an assessment of the health and safety risks for workers, including those employed by subcontractors, and of the skill levels and number of staff required for the safe operation of the facility at all times, so that action can be taken in the event of an accident.
Amendment 243 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure that the national framework guarantees that adequatesufficient financial resources are available when needed for the management of spent fuel and radioactive waste, taking due account ofto cover all expenses related to decommissioning and the management of spent fuel and radioactive waste, in accordance with the polluter-pays principle, i.e. the responsibility of radioactive waste producers.
Amendment 245 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure that the national framework guarantees that adequate financial resources are available when needed for the management of spent fuel and radioactive waste, taking due account ofhereby fully respecting the responsibility of radioactive waste producers and the "polluter pays" principle.
Amendment 259 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
(1) Member States shall ensure that information on the management of spent fuel and radioactive waste is made available to workers and the general public. This obligation includes ensuring that the competent regulatory authority informs the public in the fields of its competence. Information shall be made available to the public in accordance with national legislation and international obligations, provided that this does not jeopardise other interests recognised in national legislation or international obligations such as, inter alia, security. Information directly relevant to the health and safety of workers and the general public (in particular radioactive and toxic emissions and the exposure to emissions) shall be made publicly available irrespective of the circumstances.
Amendment 271 #
Proposal for a directive
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
(3a) Member States shall inform cross- border regional and local authorities of their national programmes at the earliest possible date, if implementation is likely to have cross-border effects.
Amendment 274 #
Proposal for a directive
Article 14 – point 2
Article 14 – point 2
(2) concepts, plans and technical solutions from generation to disposalstorage or disposal. High priority shall be placed on historic radioactive wastes and spent fuel in intermediate storage pools;
Amendment 277 #
Proposal for a directive
Article 14 – point 2
Article 14 – point 2
(2) concepts, plans and technical solutions from generation to final disposal;