Directive 2011/70

In the EU, the transport and management of radioactive waste, radiological and nuclear safety are regulated by a series of regulations, directives, decisions and recommendations. The most important one, as far as the management of RW and SNF are concerned, is the Directive 2011/70/EURATOM of 19 July 2011, which establishes a formal framework in the EU for the responsible and safe management of spent fuel and radioactive waste (OJ 2011 L199/48).

The basic requirements of the Directive 2011/70 are:

• establishing and maintaining a national policy for the management of RW and SNF,
• establishing and maintaining a national legislative, regulatory and administrative framework for RW and SNF management that defines the responsibilities and coordination between the relevant competent authorities (hereinafter: National Framework).

The National Framework comprises the following:

• a National Programme for implementing the RW and SNF management policy,
• national arrangements for safe management of RW and SNF,
• a system of licensing of activities and facilities for the management of RW and SNF, including prohibition of operation without a permit and conditions for further operation,
• an appropriate system for control, management, administrative inspections, documentation and reporting obligations for activities and facilities for the management of RW and SNF, including appropriate measures for the period after the closure of the disposal facility,
• enforcement actions, including suspension of activities and change, expiration or revocation of licence, together with possible requests for alternative solutions that lead to better security,
• defining the responsibilities of the bodies involved in the individual steps of the RW and SNF management, where the primary responsibility should be given to RW and SNF producers, or (in special cases) to the authorised licence holder to whom the competent state body has entrusted the responsibility for certain operations,
• national requirements for provision of information and public participation,
• a RW and SNF management financing scheme.

Through the national policy (strategy), the state establishes the national legal, regulatory and organizational framework for the management of RW and SNF, while the National Programme ensures the implementation of the policy (strategy). The National Programme must also contain very specific technical and financial plans with tentative key dates for all stages of the repository life cycle: from site acquisition to institutional supervision after the closure of the disposal facility.

With regard to deadlines, the Directive requires Member States to notify the European Commission of their national programs (covering the required content) as soon as possible, but no later than 23 August 2015. EU Member States are also obliged to report regularly on the application and implementation of the requirements of the Directive.