37 Amendments of Corinne LEPAGE related to 2010/0306(NLE)
Amendment 10 #
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 storage or disposal.
Amendment 14 #
Proposal for a directive
Recital 25
Recital 25
(25) The operation of nuclear reactors, as well as their decommissioning, also generates spent fuel and radioactive waste. Each Member State may define its fuel cycle policy considering spent fuel as a valuable resource that may be reprocessed, or deciding to dispose of it as waste. 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 20 #
Proposal for a directive
Recital 27
Recital 27
(27) Radioactive waste, including spent fuel considered as waste, requires 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. The storage of radioactive waste, including long-term storage, is an interim solution but not an alternative to final storage or disposal.
Amendment 36 #
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 disposal facilities, is a potentially beneficial and cost-effective option when based on an agreement between Member States concerned.
Amendment 40 #
Proposal for a directive
Recital 41
Recital 41
(41) Maintaining and further developing competences and skills in the management of spent fuel and radioactive waste, as an essential element to ensure high levels of safethealth and environment protection, safety, and transparency, should be based on a combination of learning through operational experience, scientific research and technological development, and technical cooperation between all actors.
Amendment 46 #
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) all stages of spent fuel management, including transportation, when the spent fuel results from the operation of civilian nuclear reactors or is managed within civilian activities;
Amendment 48 #
Draft legislative resolution
Citation 3 a (new)
Citation 3 a (new)
– having regard to the European Parliament resolution of 24 March 2011 on the situation in Japan,
Amendment 49 #
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 disposalfinal storage or disposal, and including transportation, when the radioactive waste results from civilian activities or is managed within civilian activities;
Amendment 58 #
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 disposal or final storage.
Amendment 66 #
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 or possibility of retrieval.
Amendment 66 #
Proposal for a directive
Recital 23
Recital 23
(23) TIn particular following the recent nuclear accident in Japan 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 nuclear safety and security. In this context the issue of spent fuel and radioactive waste management needs to be addressed the highest responsibility with regard to nuclear safety and security; therefore, in view of the fact that the possibility of sustainable, safe and secure final disposal of radioactive waste has not been definitively proven, Member States should consider phasing order to ensure a safe, optimised and sustainable use of nuclear energyut nuclear power reactors and strive for the replacement of fission-based nuclear energy production by fully sustainable renewable alternatives and by curbing energy consumption through ambitious energy efficiency and energy saving measures.
Amendment 77 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 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 storage or disposal facilities in one of them.
Amendment 77 #
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 may be reprocessed, or deciding to dispose of it as waste or to place it in final storage. Whatever option is chosen, the disposal or final storage of high level waste, separated at reprocessing, or of spent fuel regarded as waste should be considered.
Amendment 84 #
Proposal for a directive
Recital 27
Recital 27
(27) Radioactive waste, including spent fuel considered as waste, requires 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 disposal or final storage in appropriate facilities as the end point of its management. Themporary storage of radioactive waste, including long-term storage, is an interim solution but not an alternative to disposal or final storage.
Amendment 91 #
Proposal for a directive
Recital 28
Recital 28
(28) A national radioactive waste classification scheme should support these arrangements taking fully into account the specific types and properties of radioactive waste. The precise criteria according to which waste is assigned to a particular waste class will depend on the specific situation in the State in relation to the nature of the waste and the disposal or final storage options available or under consideration.
Amendment 94 #
Proposal for a directive
Recital 29
Recital 29
(29) The typical disposal concept for short lived low and intermediate level waste is near surface disposal. FCurrently, following 30 years of research, it is broadly accepted at the technical level that deep geological disposaldeep geological disposal is most widely thought to represents the safest and most sustainable 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 disposal, but various other options are also under active consideration, including final storage solutions with the possibility of retrieval. Research into all options should be pursuencouraged.
Amendment 105 #
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 disposal or final storage. 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 121 #
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 disposal or final storage 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 disposal or final storage 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. 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 125 #
Proposal for a directive
Recital 41
Recital 41
(41) Maintaining and further developing competences and skills in the management of spent fuel and radioactive waste, as an essential element to ensure high levels of safety, should be based on a combination of learning through operational experience, scientific research and technological development, and technical cooperation between all actors; given ongoing research into the sustainability and safety of long- term management of spent fuel and radioactive waste, a reassessment of the concept of deep geological disposal viz-à- viz other options such as final storage with retrievability should be undertaken in 10 years' time.
Amendment 130 #
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 137 #
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) all stages of spent fuel management, including transportation, when the spent fuel results from the operation of civilian nuclear reactors or is managed within civilian activities;
Amendment 139 #
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, and including transportation, when the radioactive waste results from civilian activities or is managed within civilian activities;
Amendment 141 #
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 or final storage, when the radioactive waste results from civilian activities or is managed within civilian activities;
Amendment 148 #
Proposal for a directive
Article 3 – point 6
Article 3 – point 6
(6) 'radioactive waste' means radioactive material, including stored spent fuel, in gaseous, liquid or solid form for which no further use is foreseen by the Member State or by a natural or legal person whose decision is accepted by the Member State, discards, or intends or is required to discard, and which is controlled as radioactive waste by a competent regulatory authority under the legislative and regulatory framework of the Member State;
Amendment 156 #
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 mayust either be considered as a usable resource that can be reprocessed or be destined for disposal if, if no further use is planned for it for the following two years by the Member State or by a licence holder whose decision is accepted by the Member State, regarded as radioactive waste;
Amendment 160 #
Proposal for a directive
Article 3 – point 13 a (new)
Article 3 – point 13 a (new)
(13a) ‘final storage’ means the holding of spent fuel or of radioactive waste in an authorised final storage facility with no intention of retrieval but where there exists the possibility of retrieval should this become necessary in the interests of safety and security.
Amendment 190 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 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 or final storage facilities in one of them; no shipments of waste outside the EU should be allowed.
Amendment 205 #
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) a national programme for implementation of the policy on spent fuel and radioactive waste management that secures that all radioactive waste producers are in a position to ensure the disposal or final storage of nuclear waste in accordance with the same high safety standards;
Amendment 237 #
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 closure of a disposal or final storage facility; the safety case shall specify the standards applied for this assessment. The long-term post-closure safety shall be addressed, in particular how it is ensured by passive means to the fullest extent possible.
Amendment 244 #
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 of the responsibility of radioactive waste producers. according to the polluter- pays principle and ensuring that there is no public subsidy to nuclear.
Amendment 269 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
(1) As part of the national framework, Member States shall establish, implement and keep updated programmes for the management of spent fuel and radioactive waste (hereafter referred to as ‘national programmes’), covering all types of spent fuel and radioactive waste under their jurisdiction and all stages of spent fuel and radioactive waste management from generation to disposal or final storage.
Amendment 276 #
Proposal for a directive
Article 14 – point 2
Article 14 – point 2
(2) concepts, plans and technical solutions from generation to disposal or final storage;
Amendment 279 #
Proposal for a directive
Article 14 – point 3
Article 14 – point 3
(3) concepts and plans for the post-closure period of a disposal or final storage facility, including time over which institutional controls are retained and the means to be employed to preserve knowledge of the facility in the longer term;
Amendment 281 #
Proposal for a directive
Article 14 – point 8
Article 14 – point 8
(8) description of the financing scheme(s) in force to ensure all programme costs can be met according to the foreseen schedule and strictly following the 'polluter-pays' principle.
Amendment 287 #
Proposal for a directive
Article 15 – paragraph 4
Article 15 – paragraph 4
(4) The Commission will tmake into account the Member States' clarifications and progress on the national waste management programs, when deciding on the provision of Euratom financial or technical assistance for spent fuel and radioactive waste management facilities or activities, orthe provision of Euratom financial or technical assistance for spent fuel and radioactive waste management facilities or activities contingent upon Member States having satisfactory national waste management programmes and will also take Member States' clarifications and progress on national waste management programmes into account when formulating its views on investment projects in accordance with Article 43 of the Euratom Treaty.
Amendment 289 #
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
(3) Member States shall periodically, and at least every 10 years, arrange for self- assessments of their national framework, competent regulatory authority, national programme and its implementation regarding the disposal or final storage of spent fuel and radioactive waste, and invite international peer review of their national framework, authority and/or programme with the aim of ensuring that high standards are achieved in the management of spent fuel and radioactive waste. The outcomes of any peer review shall be reported to the Commission and the Member States.
Amendment 292 #
Proposal for a directive
Article 16 a (new)
Article 16 a (new)
Article 16a Sunset Clause Articles in this Directive related to the deep geological disposal or final storage of nuclear waste shall expire in 15 years time, following a reassessment of the concept of the management of spent fuel and radioactive waste which shall be undertaken. This reassessment should in particular consider the issues of reversibility and retrievability of waste once placed into a disposal or final storage site in the light of research developments and further scientific expertise in this field.