Doporučení Komise ze dne 11. října 2010 o použití článku 37 Smlouvy o Euratomu (2010/635/Euratom)

THE EUROPEAN COMMISSION,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 37 thereof in conjunction with Article 106a referring to Article 292 of the Treaty on the Functioning of the European Union,

Having consulted the group of persons appointed in accordance with Article 31 of the Euratom Treaty by the Scientific and Technical Committee,

OJ 81, 21.12.1960, p. 1893/60 .

(1) Article 37 requires that each Member State is to provide the Commission with such general data relating to any plan for the disposal of radioactive waste in whatever form as will make it possible to determine whether the implementation of such plan is liable to result in the radioactive contamination of the water, soil or airspace of another Member State. The Commission is to deliver its opinion within six months, after consulting the group of experts referred to in Article 31.

(2) Experience has been acquired in the application of the Commission Recommendations of 16 November 1960 OJ 81, 21.12.1960, p. 1893/60 . , 82/181/EuratomOJ L 83, 29.3.1982, p. 15 . 91/4/EuratomOJ L 6, 9.1.1991, p. 16 . and 1999/829/EuratomOJ L 324, 16.12.1999, p. 23 . concerning the application of Article 37 of the Treaty.

(3) The Court of Justice of the European Union, in its judgment of 22 September 1988 in Case 187/87[1988] ECR 5013. , ruled that Article 37 of the Euratom Treaty must be interpreted as meaning that the European Commission shall be provided with general data before the discharge authorisation of radioactive effluents is granted by the Member State concerned, in order to make it possible for the Commission to issue its opinion before such discharges are authorised so that the Commission’s opinion can be taken into account.

(4) Article 37 has as its objective to forestall any possibility of radioactive contamination of another Member State. The Commission, having consulted the abovementioned group of experts has deemed the disposal of radioactive waste associated with certain operations not to be liable to result in the radioactive contamination of another Member State.

(5) In exceptional cases due to information received, the Commission may call for general data to be submitted for a plan for the disposal of radioactive waste, otherwise deemed not to be liable to result in the radioactive contamination of another Member State on the basis of the present Recommendation; the Commission’s opinion may then pertain to an authorisation which has been granted at an earlier stage.

(6) To appraise disposal plans in a consistent manner, it is necessary to specify which types of operation may result in the disposal of radioactive waste within the meaning of Article 37 of the Treaty, and to specify for the different types of operation which information is to be supplied as the general data.

(7) Mixed-oxide fuel fabrication plants process large amounts of plutonium oxide, a submission of general data for the dismantling of such plants should be required as is already the case for the dismantling of nuclear reactors and reprocessing plants.

(8) Trivial operations having no or negligible radiological impact in other Member States should not be submitted to the Commission.

(9) Member States may communicate an integrated submission for a complex site where major changes are scheduled to be carried out over a long period of time, involving several steps and including the operation of new facilities, and the completeness of the information contained in the initial general data should allow the Commission to fulfil its obligations pursuant to Article 37 of the Euratom Treaty and deliver a sound opinion.

(10) In view of the number of existing nuclear plants on which no opinion has already been issued within the meaning of Article 37 of the Treaty and which may be subject to modifications or dismantling operations, it is necessary to specify which information is to be supplied as the general data to allow the Commission to fulfil its obligation without prejudice to the principle of equity between installations subject to modifications and those which are not.

(11) In cases where the exposure of the population in the vicinity of the site of interest is very low, this information may be sufficient for the assessment of the impact on other Member States.

(12) To appraise in a consistent manner the radiological impact on other Member States of accidental situations, information requested in the general data on unplanned releases from nuclear reactors and reprocessing plants should be extended beyond the reference accidents to accidents taken into consideration for the establishment of the site related national emergency plan.

(13) To clarify and limit the information required by the Commission pertaining to the predisposal management of radioactive waste and to modifications of a plan on which no opinion has already been issued by the Commission, two new annexes have been included.

(14) All Member States have now declared that they will desist from sea dumping and no Member State intends to carry out sub-seabed burial of radioactive waste,

OJ L 83, 29.3.1982, p. 15 .

Commission Recommendation of 11 October 2010 on the application of Article 37 of the Euratom Treaty (2010/635/Euratom) THE EUROPEAN COMMISSION,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 37 thereof in conjunction with Article 106a referring to Article 292 of the Treaty on the Functioning of the European Union,Having consulted the group of persons appointed in accordance with Article 31 of the Euratom Treaty by the Scientific and Technical Committee,Whereas:(1) Article 37 requires that each Member State is to provide the Commission with such general data relating to any plan for the disposal of radioactive waste in whatever form as will make it possible to determine whether the implementation of such plan is liable to result in the radioactive contamination of the water, soil or airspace of another Member State. The Commission is to deliver its opinion within six months, after consulting the group of experts referred to in Article 31.(2) Experience has been acquired in the application of the Commission Recommendations of 16 November 1960 OJ 81, 21.12.1960, p. 1893/60 . , 82/181/EuratomOJ L 83, 29.3.1982, p. 15 . 91/4/EuratomOJ L 6, 9.1.1991, p. 16 . and 1999/829/EuratomOJ L 324, 16.12.1999, p. 23 . concerning the application of Article 37 of the Treaty.(3) The Court of Justice of the European Union, in its judgment of 22 September 1988 in Case 187/87[1988] ECR 5013. , ruled that Article 37 of the Euratom Treaty must be interpreted as meaning that the European Commission shall be provided with general data before the discharge authorisation of radioactive effluents is granted by the Member State concerned, in order to make it possible for the Commission to issue its opinion before such discharges are authorised so that the Commission’s opinion can be taken into account.(4) Article 37 has as its objective to forestall any possibility of radioactive contamination of another Member State. The Commission, having consulted the abovementioned group of experts has deemed the disposal of radioactive waste associated with certain operations not to be liable to result in the radioactive contamination of another Member State.(5) In exceptional cases due to information received, the Commission may call for general data to be submitted for a plan for the disposal of radioactive waste, otherwise deemed not to be liable to result in the radioactive contamination of another Member State on the basis of the present Recommendation; the Commission’s opinion may then pertain to an authorisation which has been granted at an earlier stage.(6) To appraise disposal plans in a consistent manner, it is necessary to specify which types of operation may result in the disposal of radioactive waste within the meaning of Article 37 of the Treaty, and to specify for the different types of operation which information is to be supplied as the general data.(7) Mixed-oxide fuel fabrication plants process large amounts of plutonium oxide, a submission of general data for the dismantling of such plants should be required as is already the case for the dismantling of nuclear reactors and reprocessing plants.(8) Trivial operations having no or negligible radiological impact in other Member States should not be submitted to the Commission.(9) Member States may communicate an integrated submission for a complex site where major changes are scheduled to be carried out over a long period of time, involving several steps and including the operation of new facilities, and the completeness of the information contained in the initial general data should allow the Commission to fulfil its obligations pursuant to Article 37 of the Euratom Treaty and deliver a sound opinion.(10) In view of the number of existing nuclear plants on which no opinion has already been issued within the meaning of Article 37 of the Treaty and which may be subject to modifications or dismantling operations, it is necessary to specify which information is to be supplied as the general data to allow the Commission to fulfil its obligation without prejudice to the principle of equity between installations subject to modifications and those which are not.(11) In cases where the exposure of the population in the vicinity of the site of interest is very low, this information may be sufficient for the assessment of the impact on other Member States.(12) To appraise in a consistent manner the radiological impact on other Member States of accidental situations, information requested in the general data on unplanned releases from nuclear reactors and reprocessing plants should be extended beyond the reference accidents to accidents taken into consideration for the establishment of the site related national emergency plan.(13) To clarify and limit the information required by the Commission pertaining to the predisposal management of radioactive waste and to modifications of a plan on which no opinion has already been issued by the Commission, two new annexes have been included.(14) All Member States have now declared that they will desist from sea dumping and no Member State intends to carry out sub-seabed burial of radioactive waste,HAS ADOPTED THIS RECOMMENDATION: 1. The disposal of radioactive waste within the meaning of Article 37 of the Treaty should cover any planned or accidental release of radioactive substances associated with the operations listed below, in gaseous, liquid or solid form in or to the environment:(1) the operation of nuclear reactors (except research reactors whose maximum power does not exceed 1 MW continuous thermal load);(2) the reprocessing of irradiated nuclear fuel;(3) the mining, milling and conversion of uranium and thorium;(4) U-235 enrichment of uranium;(5) the fabrication of nuclear fuel;(6) the storage of irradiated nuclear fuelProvided that the operation is not incorporated in a plan submitted under another heading. in dedicated facilities (except storage of irradiated nuclear fuel in casks licensed for transport or storage, on existing nuclear sites);(7) the handling and processing of artificial radioactive substances on an industrial scale;(8) the predisposal managementThe term predisposal management includes storage of radioactive waste. of radioactive waste arising from operations (1) to (7) and (9);(9) the dismantlingDecommissioning comprises all technical and administrative procedures, activities and measures taken after the final shut-down of a facility and up to the release of the site for unrestricted or other licensed use. Within these activities dismantling comprises disassembling, cutting and demolition of contaminated or activated components, systems and structures including their packaging and transfer off-site. of nuclear reactors, mixed-oxideOxides of uranium and plutonium. fuel fabrication plants and reprocessing plants (except research reactors whose maximum power does not exceed 50 MW continuous thermal load);(10) the emplacement of radioactive waste above or under the ground without the intention of retrieval;(11) the industrial processing of naturally occurring radioactive materials subject to a discharge authorisation;(12) all other relevant operations. 2. General data within the meaning of Article 37 of the Treaty should be understood to mean:for operations referred to in point 1(1) to (7), the information set out in Annex I, for operations referred to in point 1(8), the information set out in Annex II, for operations referred to in point 1(9), the information set out in Annex III, for operations referred to in point 1(10), the information set out in Annex IV, for operations referred to in point 1(11), the relevant parts of the information set out in Annex I (Sections 6 and 7 of Annex I are in most cases not applicable). 3. Operations falling within the scope of point 1(12) should be deemed not to be liable to result in the radioactive contamination of another Member State, significant from the point of view of health, unless in any specific case the Commission calls for general data to be provided.4. For operations falling within the scope of point 1(9), the submission of general data should be governed by the following conditions:(a) submission of general data is necessary ifa new licence or authorisation for a plan for the disposal of radioactive waste in whatever form for the dismantling is envisaged by the Member State, or dismantling of the contaminated or activated parts of the plant will be started; (b) if a Member State envisages dismantling an installation referred to in point 1(9) on which no opinion has already been given under the terms of Article 37, the general data should be submitted in the form of Annex III;(c) if a Member State envisages dismantling a plant referred to in point 1(9) on which an opinion has already been given under the terms of Article 37, the general data should be submitted in the form of Annex III. However, with regard to the description of the site and its surroundings, the emergency plans and the environmental monitoring, reference to the general data submitted for the earlier procedure is sufficient if all appropriate additional information is provided as regards possible changes. 5. If a Member State envisages modifyingModifications of a plan might also include preparatory work in view of the operations referred to in point 1(9). a plan for the disposal of radioactive waste, the submission of general data should be governed by the following conditions:(a) if a Member State envisages modifying a plan for the disposal of radioactive waste, on which an opinion has already been given under the terms of Article 37, a submission of general data containing at least the information set out in a standard form in Annex V is necessary if the authorised limits or the associated requirements for the disposal of radioactive waste are less restrictive than in the existing plan or if the potential consequences of the unplanned releases which may follow the accident(s) evaluated in the licensing procedure are increased;(b) unless the Commission calls for general data to be communicated, no submission of general data is necessary if no new authorisation or licence is required;(c) unless the Commission calls for general data to be communicated, no submission of general data is necessary if:the modification of the plan for the disposal of radioactive waste envisages unchanged or more restrictive authorised limits and associated requirements than in the existing plan, and the potential consequences of the unplanned releases which may follow the reference accident(s) evaluated in the licensing procedure are unchanged or decreased; (d) in the case of a plan for the disposal of radioactive waste on which no opinion has already been given under the terms of Article 37, a submission of the general data is necessary unless the Member State provides the Commission with a statement demonstrating that the conditions outlined in point (b) and (c) are met. If any of these conditions are not met, the general data should contain the relevant information set out in Annex VI. 6. The general data should be submitted to the Commission:(a) after the plan for the disposal of radioactive waste is firmly established, and whenever possible one year but not less than six months:before any authorisation for the discharge of radioactive waste is granted by competent authorities, and before start-up of those operations for which no authorisation for the discharge of radioactive waste is foreseen; (b) in cases where the Commission has called for general data in accordance with point 3, no later than six months after the request, without prejudice to any authorisation duly granted by the competent authorities pending receipt of the Commission’s request. Any authorisation granted before the Commission called for general data should be reviewed in the light of the Commission’s subsequent opinion. 7. Where Member States communicate an integrated submission of general data for a complex site where major changes are scheduled to be carried out over long periods of time, involving several steps and including, inter alia, the operation of new facilities, the initial submission should contain a complete and detailed overview of the planned operations, to be updated by subsequent submissions in case of any modifications to the existing plan. As regards the accident scenarios in the initial submission, the general data should include at least information on estimated amounts and physico-chemical forms of radionuclides present in each of the facilities on the site as well as quantities assumed to be released in the event of the accident considered for each of those facilities. The general data may provide background on past and current operations on the site, bearing in mind that the Commission’s opinions will relate only to future operations.8. Since submission of a plan for the disposal of radioactive waste is the responsibility of the relevant Member State, that State should accept responsibility for all information submitted to the Commission in respect of such a plan.9. Following receipt of an opinion, the Member State concerned should inform the Commission of the actions it envisages in response to any recommendation given in the Commission opinion on a disposal plan.10. Following receipt of an opinion, the Member State concerned should communicate to the Commission the discharge authorisation as well as any later amendments for comparison with the information in the general data on which the Commission opinion was based.

Commission Recommendation of 11 October 2010 on the application of Article 37 of the Euratom Treaty (2010/635/Euratom) THE EUROPEAN COMMISSION,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 37 thereof in conjunction with Article 106a referring to Article 292 of the Treaty on the Functioning of the European Union,Having consulted the group of persons appointed in accordance with Article 31 of the Euratom Treaty by the Scientific and Technical Committee,Whereas:(1) Article 37 requires that each Member State is to provide the Commission with such general data relating to any plan for the disposal of radioactive waste in whatever form as will make it possible to determine whether the implementation of such plan is liable to result in the radioactive contamination of the water, soil or airspace of another Member State. The Commission is to deliver its opinion within six months, after consulting the group of experts referred to in Article 31.(2) Experience has been acquired in the application of the Commission Recommendations of 16 November 1960 OJ 81, 21.12.1960, p. 1893/60 . , 82/181/EuratomOJ L 83, 29.3.1982, p. 15 . 91/4/EuratomOJ L 6, 9.1.1991, p. 16 . and 1999/829/EuratomOJ L 324, 16.12.1999, p. 23 . concerning the application of Article 37 of the Treaty.(3) The Court of Justice of the European Union, in its judgment of 22 September 1988 in Case 187/87[1988] ECR 5013. , ruled that Article 37 of the Euratom Treaty must be interpreted as meaning that the European Commission shall be provided with general data before the discharge authorisation of radioactive effluents is granted by the Member State concerned, in order to make it possible for the Commission to issue its opinion before such discharges are authorised so that the Commission’s opinion can be taken into account.(4) Article 37 has as its objective to forestall any possibility of radioactive contamination of another Member State. The Commission, having consulted the abovementioned group of experts has deemed the disposal of radioactive waste associated with certain operations not to be liable to result in the radioactive contamination of another Member State.(5) In exceptional cases due to information received, the Commission may call for general data to be submitted for a plan for the disposal of radioactive waste, otherwise deemed not to be liable to result in the radioactive contamination of another Member State on the basis of the present Recommendation; the Commission’s opinion may then pertain to an authorisation which has been granted at an earlier stage.(6) To appraise disposal plans in a consistent manner, it is necessary to specify which types of operation may result in the disposal of radioactive waste within the meaning of Article 37 of the Treaty, and to specify for the different types of operation which information is to be supplied as the general data.(7) Mixed-oxide fuel fabrication plants process large amounts of plutonium oxide, a submission of general data for the dismantling of such plants should be required as is already the case for the dismantling of nuclear reactors and reprocessing plants.(8) Trivial operations having no or negligible radiological impact in other Member States should not be submitted to the Commission.(9) Member States may communicate an integrated submission for a complex site where major changes are scheduled to be carried out over a long period of time, involving several steps and including the operation of new facilities, and the completeness of the information contained in the initial general data should allow the Commission to fulfil its obligations pursuant to Article 37 of the Euratom Treaty and deliver a sound opinion.(10) In view of the number of existing nuclear plants on which no opinion has already been issued within the meaning of Article 37 of the Treaty and which may be subject to modifications or dismantling operations, it is necessary to specify which information is to be supplied as the general data to allow the Commission to fulfil its obligation without prejudice to the principle of equity between installations subject to modifications and those which are not.(11) In cases where the exposure of the population in the vicinity of the site of interest is very low, this information may be sufficient for the assessment of the impact on other Member States.(12) To appraise in a consistent manner the radiological impact on other Member States of accidental situations, information requested in the general data on unplanned releases from nuclear reactors and reprocessing plants should be extended beyond the reference accidents to accidents taken into consideration for the establishment of the site related national emergency plan.(13) To clarify and limit the information required by the Commission pertaining to the predisposal management of radioactive waste and to modifications of a plan on which no opinion has already been issued by the Commission, two new annexes have been included.(14) All Member States have now declared that they will desist from sea dumping and no Member State intends to carry out sub-seabed burial of radioactive waste,HAS ADOPTED THIS RECOMMENDATION: 1. The disposal of radioactive waste within the meaning of Article 37 of the Treaty should cover any planned or accidental release of radioactive substances associated with the operations listed below, in gaseous, liquid or solid form in or to the environment:(1) the operation of nuclear reactors (except research reactors whose maximum power does not exceed 1 MW continuous thermal load);(2) the reprocessing of irradiated nuclear fuel;(3) the mining, milling and conversion of uranium and thorium;(4) U-235 enrichment of uranium;(5) the fabrication of nuclear fuel;(6) the storage of irradiated nuclear fuelProvided that the operation is not incorporated in a plan submitted under another heading. in dedicated facilities (except storage of irradiated nuclear fuel in casks licensed for transport or storage, on existing nuclear sites);(7) the handling and processing of artificial radioactive substances on an industrial scale;(8) the predisposal managementThe term predisposal management includes storage of radioactive waste. of radioactive waste arising from operations (1) to (7) and (9);(9) the dismantlingDecommissioning comprises all technical and administrative procedures, activities and measures taken after the final shut-down of a facility and up to the release of the site for unrestricted or other licensed use. Within these activities dismantling comprises disassembling, cutting and demolition of contaminated or activated components, systems and structures including their packaging and transfer off-site. of nuclear reactors, mixed-oxideOxides of uranium and plutonium. fuel fabrication plants and reprocessing plants (except research reactors whose maximum power does not exceed 50 MW continuous thermal load);(10) the emplacement of radioactive waste above or under the ground without the intention of retrieval;(11) the industrial processing of naturally occurring radioactive materials subject to a discharge authorisation;(12) all other relevant operations. 2. General data within the meaning of Article 37 of the Treaty should be understood to mean:for operations referred to in point 1(1) to (7), the information set out in Annex I, for operations referred to in point 1(8), the information set out in Annex II, for operations referred to in point 1(9), the information set out in Annex III, for operations referred to in point 1(10), the information set out in Annex IV, for operations referred to in point 1(11), the relevant parts of the information set out in Annex I (Sections 6 and 7 of Annex I are in most cases not applicable). 3. Operations falling within the scope of point 1(12) should be deemed not to be liable to result in the radioactive contamination of another Member State, significant from the point of view of health, unless in any specific case the Commission calls for general data to be provided.4. For operations falling within the scope of point 1(9), the submission of general data should be governed by the following conditions:(a) submission of general data is necessary ifa new licence or authorisation for a plan for the disposal of radioactive waste in whatever form for the dismantling is envisaged by the Member State, or dismantling of the contaminated or activated parts of the plant will be started; (b) if a Member State envisages dismantling an installation referred to in point 1(9) on which no opinion has already been given under the terms of Article 37, the general data should be submitted in the form of Annex III;(c) if a Member State envisages dismantling a plant referred to in point 1(9) on which an opinion has already been given under the terms of Article 37, the general data should be submitted in the form of Annex III. However, with regard to the description of the site and its surroundings, the emergency plans and the environmental monitoring, reference to the general data submitted for the earlier procedure is sufficient if all appropriate additional information is provided as regards possible changes. 5. If a Member State envisages modifyingModifications of a plan might also include preparatory work in view of the operations referred to in point 1(9). a plan for the disposal of radioactive waste, the submission of general data should be governed by the following conditions:(a) if a Member State envisages modifying a plan for the disposal of radioactive waste, on which an opinion has already been given under the terms of Article 37, a submission of general data containing at least the information set out in a standard form in Annex V is necessary if the authorised limits or the associated requirements for the disposal of radioactive waste are less restrictive than in the existing plan or if the potential consequences of the unplanned releases which may follow the accident(s) evaluated in the licensing procedure are increased;(b) unless the Commission calls for general data to be communicated, no submission of general data is necessary if no new authorisation or licence is required;(c) unless the Commission calls for general data to be communicated, no submission of general data is necessary if:the modification of the plan for the disposal of radioactive waste envisages unchanged or more restrictive authorised limits and associated requirements than in the existing plan, and the potential consequences of the unplanned releases which may follow the reference accident(s) evaluated in the licensing procedure are unchanged or decreased; (d) in the case of a plan for the disposal of radioactive waste on which no opinion has already been given under the terms of Article 37, a submission of the general data is necessary unless the Member State provides the Commission with a statement demonstrating that the conditions outlined in point (b) and (c) are met. If any of these conditions are not met, the general data should contain the relevant information set out in Annex VI. 6. The general data should be submitted to the Commission:(a) after the plan for the disposal of radioactive waste is firmly established, and whenever possible one year but not less than six months:before any authorisation for the discharge of radioactive waste is granted by competent authorities, and before start-up of those operations for which no authorisation for the discharge of radioactive waste is foreseen; (b) in cases where the Commission has called for general data in accordance with point 3, no later than six months after the request, without prejudice to any authorisation duly granted by the competent authorities pending receipt of the Commission’s request. Any authorisation granted before the Commission called for general data should be reviewed in the light of the Commission’s subsequent opinion. 7. Where Member States communicate an integrated submission of general data for a complex site where major changes are scheduled to be carried out over long periods of time, involving several steps and including, inter alia, the operation of new facilities, the initial submission should contain a complete and detailed overview of the planned operations, to be updated by subsequent submissions in case of any modifications to the existing plan. As regards the accident scenarios in the initial submission, the general data should include at least information on estimated amounts and physico-chemical forms of radionuclides present in each of the facilities on the site as well as quantities assumed to be released in the event of the accident considered for each of those facilities. The general data may provide background on past and current operations on the site, bearing in mind that the Commission’s opinions will relate only to future operations.8. Since submission of a plan for the disposal of radioactive waste is the responsibility of the relevant Member State, that State should accept responsibility for all information submitted to the Commission in respect of such a plan.9. Following receipt of an opinion, the Member State concerned should inform the Commission of the actions it envisages in response to any recommendation given in the Commission opinion on a disposal plan.10. Following receipt of an opinion, the Member State concerned should communicate to the Commission the discharge authorisation as well as any later amendments for comparison with the information in the general data on which the Commission opinion was based.

OJ L 6, 9.1.1991, p. 16 .

OJ L 324, 16.12.1999, p. 23 .

[1988] ECR 5013.

Provided that the operation is not incorporated in a plan submitted under another heading.

The term predisposal management includes storage of radioactive waste.

Decommissioning comprises all technical and administrative procedures, activities and measures taken after the final shut-down of a facility and up to the release of the site for unrestricted or other licensed use. Within these activities dismantling comprises disassembling, cutting and demolition of contaminated or activated components, systems and structures including their packaging and transfer off-site.

Oxides of uranium and plutonium.

Modifications of a plan might also include preparatory work in view of the operations referred to in point 1(9).

HAS ADOPTED THIS RECOMMENDATION: