Activities of Jutta STEINRUCK related to 2010/0306(NLE)
Shadow opinions (1)
OPINION on the proposal for a Council directive on the management of spent fuel and radioactive waste
Amendments (31)
Amendment 40 #
Proposal for a directive
Citation 1 a (new)
Citation 1 a (new)
Having regard to the Treaty on the Functioning of the European Union (TFEU), and in particular Article 153 thereof,
Amendment 41 #
Proposal for a directive
Citation 1 b (new)
Citation 1 b (new)
Having regard to the Charter of Fundamental Rights and in particular Articles 31 and 35 thereof,
Amendment 42 #
Proposal for a directive
Recital 1
Recital 1
(1) Article 2(b) of the Euratom Treaty provides for the establishment of uniform safety standards to protect the health of workers and of the general public.
Amendment 43 #
Proposal for a directive
Recital 2
Recital 2
(2) Article 30 of the Euratom Treaty provides 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 44 #
Proposal for a directive
Recital 3
Recital 3
(3) Article 37 of the Euratom Treaty requires Member States to provide the Commission with general data relating to any plan for the disposal of radioactive waste.
Amendment 46 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) Article 153 TFEU provides for the establishment of minimum standards for the health and safety of workers.
Amendment 47 #
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
Amendment 48 #
Proposal for a directive
Recital 3 c (new)
Recital 3 c (new)
(3c) Article 35 of the Charter of Fundamental Rights provides the basic right for everyone to high level of health protection.
Amendment 49 #
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) The ILO adopted a Convention[1] and a Recommendation[2] on Radiation Protection to all activities involving exposure of workers to ionizing radiation in the course of work and requires appropriate steps to be taken to ensure the effective protection of workers in the light of knowledge available at the time. [1] C115 Convention concerning the Protection of Workers against Ionising Radiations, 22. 6. 1960 [2] C114 Recommendation concerning the Protection of Workers against Ionising Radiations, 22. 6. 1960
Amendment 61 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
(3) It maintains and promotes a high level of public information and participation with regard to spent fuel and radioactive waste management.
Amendment 62 #
Proposal for a directive
Article 1 – point 4 a (new)
Article 1 – point 4 a (new)
(4a) This Directive sets minimum standards for the Member States, but Member States are free to impose higher standards on management of spent fuel and radioactive waste.
Amendment 70 #
Proposal for a directive
Article 3 – paragraph 1 – point 5 a (new)
Article 3 – paragraph 1 – point 5 a (new)
(5a) 'exposed worker' means any person involved in activities along the chain of the management of waste fuel or radioactive waste management, regardless their activity or status;
Amendment 75 #
Proposal for a directive
Article 4 – point 2 – subpoint d
Article 4 – point 2 – subpoint d
(d) spent fuel and radioactive waste are safely managed, including in the long term for a minimum of 250 years or even longer, so long as they are hazardous to people and the environment.
Amendment 80 #
Proposal for a directive
Article 4 – point 2 – subpoint d a (new)
Article 4 – point 2 – subpoint d a (new)
(da) there is a legal framework on joint and several liability so as to protect all actors involved in the management of spent fuel and radioactive waste.
Amendment 81 #
Proposal for a directive
Article 4 – point 3
Article 4 – point 3
(3) Radioactive waste shall be disposed of in the Member State in which it was generated, unless agreements are concluded between Member States to use disposal facilities in one of them.
Amendment 82 #
Proposal for a directive
Article 4 – point 3 a (new)
Article 4 – point 3 a (new)
(3a) The transfer of radioactive waste and spent fuel to outside of the Union shall be prohibited.
Amendment 83 #
Proposal for a directive
Article 5 – point 1 – subpoint b a (new)
Article 5 – point 1 – subpoint b a (new)
(ba) national requirements for the health and safety, education and training of workers;
Amendment 86 #
Proposal for a directive
Article 6 – point 1 a (new)
Article 6 – point 1 a (new)
(1a) Member States shall ensure that the regulatory authority is democratically controlled and that practical workers, scientists and elected parliamentarians are part of that regulatory authority.
Amendment 91 #
Proposal for a directive
Article 6 – point 3 a (new)
Article 6 – point 3 a (new)
(3a) Member States shall ensure that the competent regulatory authority is given 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 shall be part of these assessments.
Amendment 92 #
Proposal for a directive
Article 6 – point 3 b (new)
Article 6 – point 3 b (new)
(3b) The assessment on the health and safety of the workers referred to in paragraph 3a shall be carried out in cooperation with the authorities responsible for safety and health of workers.
Amendment 101 #
Proposal for a directive
Article 8 a (new)
Article 8 a (new)
Article 8a Recording and tracking (1) Member States shall establish a recording and tracking system in the field of management of the spent fuel and radioactive waste. (2) Member States shall ensure that the recording and tracking system is capable of defining the location and the conditions of the spent fuel and radioactive waste in their production, use, transport, storage or disposal. (3) Member States shall ensure that information on workers that have been exposed to spent fuel and radioactive waste during their work is stored, either by the licence holder or a state body, so as to ensure follow-up for work-related diseases in the long term.
Amendment 102 #
Proposal for a directive
Article 8 b (new)
Article 8 b (new)
Article 8b Procedures and Sanctions In accordance with general principles, Member States shall ensure that administrative or judicial procedures, as well as sanctions that are effective, dissuasive and proportionate in relation to the seriousness of the offence, should be applicable in the event of infringement of the obligations arising from this Directive.
Amendment 103 #
Proposal for a directive
Article 9
Article 9
Member States shall ensure that the national framework includes arrangements for education andof the knowledge available at the time and regular and preventive training covering the needs of all parties with responsibilities for spent fuel and radioactive waste management in order to maintain and to further develop necessary expertise and skills. Member States shall ensure that licence holders cover the cost of the education and training.
Amendment 107 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
Member States shall ensure that the licence holders provide adequate financial resources to fulfil their obligations with respect to the education and training laid down in paragraph 1.
Amendment 110 #
Proposal for a directive
Article 12 – point 1
Article 12 – point 1
(1) Member States shall ensure that all information on the management of spent fuel and radioactive waste is made available to workers and the general publicwhich is necessary for preserving health, safety and security of workers and the general public, shall be available on a regular basis. 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.
Amendment 112 #
Proposal for a directive
Article 12 – point 1 a (new)
Article 12 – point 1 a (new)
(1a) Member States shall ensure that information on the Financial Resources reserved for the management of the spent fuel and radioactive waste referred to in Article 10 is available to the general public, with due regard to the share of the costs between the Member States and the Producers.
Amendment 175 #
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, including in the long term for a minimum of 250 years or even longer, so long as they are hazardous to people and the environment.
Amendment 200 #
Proposal for a directive
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
(3a) The transfer of radioactive waste and spent fuel to places outside the Union shall be prohibited.
Amendment 239 #
Proposal for a directive
Article 8 a (new)
Article 8 a (new)
Article 8a Recording and tracking (1) Member States shall establish a recording and tracking system in the field of spent fuel and radioactive waste management. (2) Member States shall ensure that the recording and tracking system is capable of defining the location and the condition of the spent fuel and radioactive waste in the course of their production, use, transport, storage or disposal.
Amendment 240 #
Proposal for a directive
Article 8 b (new)
Article 8 b (new)
Article 8b Procedures and Sanctions In accordance with general principles, Member States shall ensure that administrative or judicial procedures, as well as sanctions that are effective, dissuasive and proportionate in relation to the seriousness of the offence, should be applicable in the event of infringement of the obligations arising from this Directive.
Amendment 263 #
Proposal for a directive
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
(1a) Member States shall ensure that information is made available to the public concerning the financial resources for the management of spent fuel and radioactive waste referred to in Article 10, taking due account of the proportion of the costs incurred by producers.