40 Amendments of Michèle RIVASI related to 2010/0306(NLE)
Amendment 6 #
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 3191 and 3192 thereof,
Amendment 7 #
Proposal for a directive
Recital -1 (new)
Recital -1 (new)
(-1) Article 191 TFEU provides the legal basis for preserving, protecting and improving the quality of the environment and protecting human health, including from hazards arising from spent fuel and radioactive waste.
Amendment 8 #
Proposal for a directive
Recital 1
Recital 1
(1) Article 2(b)153 of the Treaty provideon the Functioning of the European Union (TFEU) allows for the establishment of uniform safety standards to protect the health of workers and of the general public.
Amendment 9 #
Proposal for a directive
Recital 2
Recital 2
(2) Article 30 of the Treaty provide168 TFEU allows for the establishment of basic standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiations.
Amendment 15 #
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 16 #
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 17 #
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 21 #
Proposal for a directive
Recital 27
Recital 27
(27) Radioactive waste, including spent fuel considered as waste, requires, requires appropriate conditioning, containment and isolation from humans and the living environment over the long term. Its specific nature (content of radionuclides) requires arrangements to protect human health and the environment against dangers arising from ionizing radiation, including final storage or disposal in appropriate facilities as the end point of its management. Theime-limited storage of radioactive waste, including long-term storage, is an interim solution but not an alternative to final storage or disposal.
Amendment 22 #
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 26 #
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. 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 waste and spent fuel considered as waste. Thus movingradioactive waste , although 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. If the safety cases of the proposed methods for deep geological disposal can be assured, a move towards implementation of disposal shcould be pursuconsidered.
Amendment 28 #
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 respect the relevant fundamental safety principles set by the IAEA. It is an ethical obligation of each Member State to avoid any undue burden on future generations in respect of the 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 31 #
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 32 #
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 37 #
Proposal for a directive
Recital 37
Recital 37
(37) Some Member States consider that the sharing of facilities for spent fuel and radioactive waste management, including storage and/or disposal facilities, is a potentially beneficial option when based on an agreement between Member States concerned. Shared final storage and/or disposal should only be considered for small amounts of radioactive waste from research, medical use or industrial operations other than energy generation.
Amendment 38 #
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 39 #
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 43 #
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 47 #
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 50 #
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 52 #
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 53 #
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 57 #
Proposal for a directive
Article 3 – point 6
Article 3 – point 6
(6) ‘'radioactive waste’' means spent fuels, radioactive material in gaseous, liquid or solid form for which no further use is foreseen bthat originates from reprocessing and any othe Member State or by a natural or legal person whose decision is accepted by the Member State, andr radioactive material in gaseous, liquid or solid form which is controlled as radioactive waste by a competent regulatory authority under the legislative and regulatory framework of the Member State;
Amendment 62 #
Proposal for a directive
Article 3 – point 10
Article 3 – point 10
(10) ‘'spent fuel’' means nuclear fuel that has been irradiated in and permanently removed from a reactor core; spent fuel may either be considered as a usable resource that can be reprocessed or be destined for disposal if regarded as radioactive wasreprocessed but is considered as radioactive waste if no further use is envisaged for it for the following two years by the Member State or by a licence holder whose decision is accepted by the Member State;
Amendment 64 #
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 in intermediate storage pools., reprocessing, or disposal of spent fuel, exincluding off-site transportation;
Amendment 67 #
Proposal for a directive
Article 3 – point 13
Article 3 – point 13
(13) ‘'storage’' means the holding of spent fuel or of radioactive waste in an authorised facility with the intention of retrievalconcrete possibility of retrieval in the long term.
Amendment 69 #
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) the generation of radioactive waste is kept to the minimum practicable, in terms of both activity and volume, by means of the use of alternatives where economically, socially and environmentally sustainable alternatives exist, appropriate design measures and of operating and decommissioning practices, including recycle and reuse of conventional materials;
Amendment 71 #
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 73 #
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 74 #
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 75 #
Proposal for a directive
Article 4 – paragraph 2 – point d c (new)
Article 4 – paragraph 2 – point d c (new)
(dc) there is joint and several liability so as to protect all actors involved in the management of spent fuel and radioactive waste.
Amendment 82 #
Proposal for a directive
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) enforcement actions, including suspension of activities and modification or revocation of a licence;, covering, inter alia, infringements of health and safety legislation for the workers concerned
Amendment 87 #
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 88 #
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 89 #
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 94 #
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 96 #
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 physical attacks and mitigate the consequences of accidents and physical attacks, 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 would be significantly affected by ionizing radiation.
Amendment 99 #
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 104 #
Proposal for a directive
Article 10
Article 10
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 of the responsibility of radioactive waste producers, health and safety matters and occupational diseases which might occur in the longer term following radioactive exposure, according to the polluter-pays principle.
Amendment 109 #
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 public (in particular radioactive and toxic emissions and the exposure to emissions) must be made publicly available irrespective of the circumstances.
Amendment 118 #
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;