Radiation Protection Law Progress in Europe (Basic Safety Standards Directive) Dr Tom Ryan Chair, Atomic Questions Working Party Irish Presidency of the European Council
Not my first time in Athens! - 2 -
Coming up.. Passage of Radiation Protection law in Europe Role of the Irish Presidency Basic Safety Standards Directive - 3 -
The Jargon - 4 -
EURATOM Legislation Pathway Commission initiative (Legal basis, Article 31 Opinion) Regulatory impact assessment Inter-service consultation, adoption ECOSOC Opinion, formal adoption by the College Negotiated in Council / Consultation with the Parliament Adopted by COREPER / Formal Adoption by Ministers - 5 -
Atomic Questions Working Party in Plenary Ministers COREPER AQWP - 6 -
The Irish Presidency 40 th anniversary of Irish EU membership Joined with Denmark and UK on 1 st January 1973 7 th Irish Presidency Start of a new Trio (Ireland, Lithuania & Greece) - 7 -
Atomic Questions Working Party Presidency Team Tom Ryan (Chair) Director of Regulation, Radiological Protection Institute of Ireland (RPII) 00 353 (0)1 2697766 00 353 (0)87 9163364 tryan@rpii.ie Emer Connolly (Vice-Chair) Dept. Environment, Community and Local Government (DECLG), Environmental Radiation Policy (ERP) 00 353 (0)53 9117457 00 353 (0)87 9144165 emer.connolly@environ.ie Rory O Leary DECLG, ERP 00 353 (0)53 9117375 00 353 (0)87 9314500 rory.oleary@environ.ie Advisors: Terry Dunne, DECLG, Head of ERP Terry Sheridan, Irish Permanent Representation Ann McGarry, CEO RPII Jarlath Duffy, RPII (transport) Stephen Fennell, RPII (radiation protection) David Fenton, RPII (radon) Jack Madden, RPII (radiation protection) Paul McGinnity, RPII (BSS coordination) Ciara McMahon, RPII (nuclear safety) Geraldine O Reilly, nominee Dept Health (patient protection) David Pollard, RPII (radon, building materials) Veronica Smith, RPII (dosimetry) - 8 -
Main current legislative initiatives Principle legislation Proposal for a revised basic safety standards directive Proposal for a regulation on the registration of carriers of radioactive material Drinking water directive Proposal for a revised nuclear safety directive Other legislative issues: Regulation on Union support for nuclear decommissioning Regulation establishing an instrument for nuclear safety cooperation Food and feedstuff regulation - 9 -
Priorities for the Irish Presidency Presidency priority To progress the business of the Atomic Questions Working Party efficiently and effectively, in cooperation with the Member States, the Council and the Commission services. The Hill of Tara, ancient seat of the high kings of Ireland once the island s political and spiritual capital. - 10 -
Basic Safety Standards Directive A strategic and political priority for Europe Important in terms of safety to the public, to public services and industry across Europe There is a window of opportunity now in Europe before the broader nuclear safety agenda emerges Parliament commitment to an early opinion Presidency Ambition: to work with Member States to reach political agreement - 11 -
BSS Legal basis - The Euratom Treaty Article 2: the Community shall establish...uniform standards to protect... Art 30: basic standards shall be laid down within the Community... First Directive established in 1959 Amended in 1962, 1966, 1976, 1980, 1984 and 1996 BSS & MED Art 31: Basic Standards to be worked out by the Commission after it has obtained an opinion of... - 12 -
Motivation for the current revision New scientific findings and recommendations e.g. ICRP 103 of 2007 Regulatory experience since 1996 Harmonisation with the revision of the international basic safety standards? An opportunity to consolidate the European legal radiation protection framework - 13 -
Draft BSS a consolidation of existing radiation protection legislation Basic safety standards, Directive 96/29/Euratom Medical exposures, Directive 97/43/Euratom Public Information, Directive 89/618/Euratom Outside workers, Directive 90/641/Euratom Control of high-activity sealed radioactive sources and orphan sources, Directive 2003/122/Euratom Radon, Commission Recommendation 90/143/Euratom - 14 -
Commission proposal passage so far Article 31 Group of Experts Opinion on 24 February 2010 Preliminary discussions in the AQWP under Polish Presidency September 2011 and continued under Danish Presidency January 2012 European Economic and Social Committee favourable Opinion 22 February 2012 After a first full reading, the Danish Presidency presented a modified text 25 June 2012 (8025/1/12 Rev 1) - 15 -
Achievements under Cyprus Presidency (July December 2012) Based on modified text presented by the Danish Presidency the Cyprus Presidency proposed a road map for further discussions Established a technical working group to agree articles and thematic areas at the technical level (Irish Chair) Second full reading in plenary finalised in November 2012 Cyprus Presidency presented modified text based on the TWG achievements and MS comments 20 December 2012 (17623/1/12 Rev 1) - 16 -
New BSS a whistle stop tour! - 17 -
Graded approach to regulatory control Art 25: Notification Art 26: Exemption from notification Art 27: Registration or licensing Art 28: Licensing Art 29: Authorisation procedure Authorisation is defined in terms of licensing and registration Art 30: Release from regulatory control A possible representation - 18 -
Patient Protection Integration with general radiation protection requirements RT: now to verify the delivery of exposure of target volumes RT: equipment with E>1M(e)V shall have a device to verify key treatment parameters Requirement to avoid unnecessary proliferation of medical radiological equipment removed Medical physics expert: definition and requirements slightly adapted to be consistent with Radiation Protection Expert Recognition of the MPE - 19 -
Emergency Preparedness Stronger provisions in the area of international cooperation Prompt contact to be established with all Member States Cooperation in the transition from emergency to existing exposure situation Establishment of reference levels Clearer provisions on training and information - 20 -
Radon Establishment of a national radon action plan Members of the public: National reference level 300 Bq/m 3 No distinction between building types Existing buildings exceeding encourage radon reducing measures Provision of information - 21 -
Radon II Radon in workplaces National reference level 300 Bq/m 3 Unless warranted by national prevailing circumstances Measurement in workplaces: Above reference levels remedial actions Remaining above relevant requirements on occupational exposure will apply - 22 -
Protection of the Environment Original proposal had a standalone chapter: Environmental criteria Authorised limits on discharges Accidental releases Environmental monitoring Original focus: protection of non-human species Legal basis clarified: limited scope in Euratom Agreement on a modest set of provisions: Rec 26; Art 2, 65, 66, 72 (but only after a battle!) - 23 -
Other areas of change Dose limits to the lens of the eye Radiation protection officer The Competent Authority Inspections availability of plans and findings Enforcement Transparency Greater coherence with other EU legislation (free trade, medical devices, building materials) Gender neutral Security - 24 -
BSS as a Monster! 53 recitals 100 definitions 109 articles 18 annexes - 25 -
Status of the Negotiations Opinion of the European Parliament Discussions in the EP Committee on Environment, Public Health and Food Safety (ENVI) Discussions in the EP Committee on Employment and Social Affairs (EMPL) Opinion expected September 2013 No open issues currently Ambition: adoption subject to the opinion of the Parliament June 2013-26 -
Thank you for your attention! Newgrange burial chamber - 27 -