The International Network
for Sustainable Energy

Updated: May 2010

Directive on the Management of Radioactive Waste
Consultation with Stakeholders, 2010
After long negotiations, the Council called for an "extensive consultation" with stakeholders in the periode of April - May, 2010. The only area where substantial progress happened is the radioactive waste transport in 2007, and in the beginning of 2008. But since 2004, when the EU Ministers rejected the Commission’s proposal for a Directive on the Management of Radioactive Waste, very little progress have been made. Read: INFORSE response, 31 May, 2010, (pdf file 100 kB)

Transport of Radioactive Waste
Consultation on the Transport of Radioactive Materials (Fall 2007)
At the end of 2007, the European Commission launched an Impact Assessment through an open consultation for the evaluation of a potential legislative measure in the area of Transport of Radioactive Materials (TRAM). These materials include medical isotopes as well as nuclear materials. The consultation especially addressed issues like citizens concern about TRAM and the need for transparency, avoiding delays in transport, modifying the current regulations.
The consultation has been closed at the end of January 2008 but the results have not been published yet (June 2008).

Read more on the European Commission's web site.

Council Directive on the Supervision and Control of Shipments of Radioactive Waste and Spent Fuel. 2006/117/Euratom. (20 November 2006)
This Directive provides a compulsory and common system of notification and a standard control document for the shipments (e.g. procedures of authorization, application for transit). The Directive covers shipments above a certain quantity, which have a point of departure, transit or destination into the Community. However, the Directive does not apply in some cases:
- Shipments of sources being returned to a supplier, manufacturer or authorized installation
- Shipments of radioactive substances recovered through reprocessing and destined for a different use
- Shipments of natural radioactive substances, which do not result from treatment
A Member State can refuse a shipment if its decision is justified by the legislation. However, for shipments within the Community, it is not possible to impose conditions which are more stringent than those laid down by the national law of a Member State. Consequently, the Directive simplify administrative procedures, but it introduces few progresses regarding the protection of its citizens.

Regarding African, Caribbean and Pacific countries, the Directive forbids shipments to a third country which does not have the resources to treat radioactive waste safely.

Read the text of the Directive on the EU law web site.

Proposal for a Directive on Management of Spent Fuel and Radioactive Waste (COM2004(526)final)
Content of the Directive
The core of the draft Directive on Management of Spent Fuel and Radioactive Waste (COM2004(526)final) is the following:
- Member States are required to decide on having either a national or regional high level deep geological disposal site by 2008.
- These sites must be operational by 2018
- Storage facilities for low-level radioactive waste should be operating by 2013.
- The EU will co-ordinate the research on radioactive waste disposal.
It is clear from the draft that a decision has been taken that deep geological disposal is the most appropriate route to ensure the containment of long-lived radioactive wastes. However, the basis of this opinion remains unclear. Furthermore, there appears no justification for the timetables proposed which both potentially endanger public consultation processes and scientific analysis into the potential movement of radio nuclides through geological formation over time.

Read the official text on the EU law web site, and EC Nuclear Energy website, and a different view on EU Energy.com.

History

2002, November 6: the EU Commission proposed a Directive on radioactive waste

2003, January 30: A new version was released.

2003: The proposal had been discussed among the EU countries.

At the end of 2003: It was discussed in the EU Parliament committee on industry, external trade, research; though the Parliament has no formal decision power on this issue.

2004 May and June, the EU ministers discussed the "EU Nuclear Package" including the directive on radioactive waste management. They concluded that rather than work further with the directives, they will " engage in a wide ranging consultation process facilitating the choice of instrument(s), in the framework of the Euratom Treaty, that can contribute more effectively to achieving nuclear safety and the safe management of spent fuel and radioactive waste, without excluding any instrument". The countries will further " return to this matter in a timely manner."

2004, September 8: Amended proposal from the Commission (COM(2004) 526 final).

2004 October: The countries decide no to work on the new proposal from the Commission, but to continue based on their June 04 conclusions. The decision of the countries postponed the proposal for a long period.

2009 November: European Council called on the European Commission to continue its work towards a Community approach in this field. The European Parliament also asked to submit a new proposal for a Directive on Radioactive Waste Management, taking into account the "polluter-pays" principle.

2010 May: After long negotiations, the Council called for an “extensive consultation” with stakeholders before any instrument in this field would be developed in the framework of the Euratom Treaty (June 2004 Council conclusions on Nuclear Safety and Safe Management of Spent Fuel and Radioactive Waste, 10823/04).
The Consultation Period was: 31/03/2010 - 31/05/2010. INFORSE-Europe submitted a response on the online Questionnaire.
Read: INFORSE response, 31 May 2010, (pdf file 100 kB)

INFORSE Recommendations Regarding Original Proposal
The proposal includes setting of arbitrary dates (2018) for the operation of disposal sites for radioactive waste that must be isolated from the environment for hundreds of thousands of years. This is illogical. Furthermore, the proposed dates may interfere with the scientific analysis and public consultation process necessary for the creation of the most suitable storage facilities.
The Commission should ensure that the export of nuclear waste for final disposal outside the EU is prohibited, as it will increase the risk that the environment is contaminated.

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