Directive 2013/59 - Basic safety standards for protection against the dangers arising from exposure to ionising radiation - Main contents
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Council Directive 2013/59/Euratom of 5 December 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2013/59 |
| Original proposal | COM(2011)593  |
| CELEX number i | 32013L0059 |
| Document | 05-12-2013 |
|---|---|
| Publication in Official Journal | 17-01-2014; OJ L 13 p. 1-73 |
| Effect | 06-02-2014; Entry into force Date pub. +20 See Art 108 |
| End of validity | 31-12-9999 |
| Transposition | 06-02-2018; At the latest See Art 106 |
17.1.2014 |
EN |
Official Journal of the European Union |
L 13/1 |
COUNCIL DIRECTIVE 2013/59/EURATOM
of 5 December 2013
laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom
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 having obtained the opinion of a group of persons appointed by the Scientific and Technical Committee from among scientific experts in the Member States, and after having consulted the European Economic and Social Committee,
Having regard to the opinion of the European Parliament,
Having regard to the opinion of the European Economic and Social Committee,
Whereas:
(1) |
Point (b) of Article 2 of the Euratom Treaty provides for the establishment of uniform safety standards to protect the health of workers and of the general public. Article 30 of the Euratom Treaty defines "basic standards" for the protection of the health of workers and the general public against the dangers arising from ionising radiations. |
(2) |
In order to perform its task, the Community laid down basic standards for the first time in 1959 by means of Directives of 2 February 1959 laying down the basic standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation (1). The Directives have been revised several times, most recently by Council Directive 96/29/Euratom (2) which repealed the earlier Directives. |
(3) |
Directive 96/29/Euratom establishes the basic safety standards. The provisions of that Directive apply to normal and emergency situations and have been supplemented by more specific legislation. |
(4) |
Council Directive 97/43/Euratom (3), Council Directive 89/618/Euratom (4), Council Directive 90/641/Euratom (5) and Council Directive 2003/122/Euratom (6) cover different specific aspects complementary to Directive 96/29/Euratom. |
(5) |
As recognised by the Court of Justice of the European Union in its case-law, the tasks imposed on the Community by point (b) of Article 2 of the Euratom Treaty to lay down uniform safety standards to protect the health of workers and the general public does not preclude, unless explicitly stated in the standards, a Member State from providing for more stringent measures of protection. As this Directive provides for minimum rules, Member States should be free to adopt or maintain more stringent measures in the subject-matter covered by this Directive, without prejudice to the free movement of goods and services in the internal market as defined by the case-law of the Court of Justice. |
(6) |
The Group of Experts appointed by the Scientific and Technical Committee has advised that the basic safety standards, established according to Articles 30 and 31 of the Euratom Treaty, should take into account the new recommendations of the International Commission on Radiological Protection (ICRP), in particular those in ICRP Publication 103 (7), and should be revised in the light of new scientific evidence and operational experience. |
(7) |
The provisions of this Directive should follow the situation based approach introduced by ICRP Publication 103 and distinguish between existing, planned and emergency exposure situations. Taking into account this new framework, this Directive should cover all exposure situations and all categories of exposure, namely occupational, public and medical exposures. |
(8) |
The definition of the term "undertaking" in this Directive, and its use in the context... |
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