Directive 2011/70 - Community framework for the responsible and safe management of spent fuel and radioactive waste - Main contents
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official title
Council Directive 2011/70/Euratom of 19 July 2011 establishing a Community framework for the responsible and safe management of spent fuel and radioactive wasteLegal instrument | Directive |
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Number legal act | Directive 2011/70 |
Original proposal | COM(2010)618 |
CELEX number i | 32011L0070 |
Document | 19-07-2011 |
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Publication in Official Journal | 02-08-2011; OJ L 199, 2.8.2011,Special edition in Croatian: Chapter 15 Volume 028 |
Effect | 22-08-2011; Entry into force Date pub. +20 See Art 16 |
End of validity | 31-12-9999 |
Transposition | 23-08-2013; At the latest See Art 15 |
2.8.2011 |
EN |
Official Journal of the European Union |
L 199/48 |
COUNCIL DIRECTIVE 2011/70/EURATOM
of 19 July 2011
establishing a Community framework for the responsible and safe management of spent fuel and radioactive waste
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 31 and 32 thereof,
Having regard to the proposal from the European Commission, drawn up after obtaining the opinion of a group of persons appointed by the Scientific and Technical Committee from among scientific experts in the Member States,
Having regard to the opinion of the European Economic and Social Committee (1),
Having regard to the opinion of the European Parliament (2),
Whereas:
(1) |
Article 2(b) of the Treaty establishing the European Atomic Energy Community (‘Euratom Treaty’) provides for the establishment of uniform safety standards to protect the health of workers and of the general public. |
(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 ionising radiations. |
(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. |
(4) |
Council Directive 96/29/Euratom (3) establishes basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation. That Directive has been supplemented by more specific legislation. |
(5) |
As recognised by the Court of Justice of the European Union in its case-law, the provisions of Chapter 3 of the Euratom Treaty, on health and safety, form a coherent whole conferring upon the Commission powers of some considerable scope in order to protect the population and the environment against the risks of nuclear contamination (4). |
(6) |
Council Decision 87/600/Euratom of 14 December 1987 on Community arrangements for the early exchange of information in the event of a radiological emergency (5) established a framework for notification and provision of information to be used by the Member States in order to protect the general public in case of a radiological emergency. Council Directive 89/618/Euratom of 27 November 1989 on informing the general public about health protection measures to be applied and steps to be taken in the event of a radiological emergency (6) imposed obligations on the Member States to inform the general public in the event of a radiological emergency. |
(7) |
Council Directive 2003/122/Euratom (7) provides for the control of high-activity sealed radioactive sources and orphan sources, including disused sources. In accordance with the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management (‘the Joint Convention’) and the International Atomic Energy Agency (IAEA) Code of Conduct on the Safety and Security of Radioactive Sources, and current industrial practices, disused sealed sources can be reused, recycled or disposed of. In many cases, this needs a return of the source or return of the equipment, including the source, to a supplier or a manufacturer, for requalification or processing. |
(8) |
Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries (8) covers the management of waste from extractive industries which may be radioactive, but excluding such aspects as are specific to radioactivity, which are matters dealt with under the Euratom Treaty. |
(9) |
Council Directive 2006/117/Euratom (9) lays down a European Atomic Energy... |
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