UK regulation of radioactive substances is underpinned by the 1957 Euratom Treaty and subsequent EU Directives:
Shipments of radioactive waste (Directive 2006/117/Euratom)
These Regulations came into force in December 2008 transposing European Commission Directive 2006/117/Euratom into UK legislation. Draft regulations were the subject of a public consultation earlier in 2008. The current Regulations replace the Transfrontier Shipment of Radioactive Waste Regulations 1993.
The new Regulations cover shipments of spent nuclear fuel for reprocessing as well as for radioactive waste. Other changes include requirements for a compulsory automatic consent procedure and the inclusion of technical aspects of other legislation, principally the Basic Safety Standards Directive. Exports of waste or spent fuel from the European Community will now require the consent of the destination country.
Standardised reporting of radioactive discharges
In 2003, the European Commission published Recommendation 2004/2/Euratom. This proposed a standardised approach by member states for reporting radioactive discharge data, so that it could be comparable on a community-wide basis. Following a public consultation in 2007, the Environment Agency (EA) and Scottish Environment Protection Agency (SEPA) jointly published guidance on standardised reporting of radioactive discharges from UK nuclear sites. A copy of the guidance can be found on the SEPA website.
Euratom treaty in detail
Chapter three of the treaty, covering health and safety provisions, is particularly significant to radioactive waste management. DECC has lead responsibility on a number of articles:
Article 31 – Basic safety standards
This part of the treaty sets out the mechanism by which basic safety standards for exposures to radioactive substances are arrived at, both to protect the general public and those people working with radioactive materials. The commission has set up a standing committee, known as the Article 31 group of technical experts, to consider these standards and other issues. This is made up of scientific experts, and in particular public health experts, from the member states, who advise the commission on a regular basis. The commission consults the Economic and Social Committee and the European Parliament on any proposed amendments to the standards. The commission then presents its proposals to the council. The council considers them and can agree to them through a qualified majority vote.
Article 35 – Monitoring
Each member state must establish the facilities necessary to continually monitor the level of radioactivity in the air, water and soil, and ensure compliance with the basic standards. The commission has the right of access to such facilities, in order to verify their operation and efficiency.
Article 36 – Reporting
This article sets out an obligation for each member state to provide the commission with periodic reports on the data collected under Article 35 so that it is kept informed of the level of radioactivity the public is exposed to.
The Environment Agency manages a programme of air and rainwater monitoring on behalf of DECC, using seven sites in the UK. The results are provided to DECC on an annual basis for onward transmission to the European Commission.
Article 37 – Changes in emissions
Every time a member state alters the way it plans to dispose of radioactive waste or has a new facility that may increase emissions, it must make a submission to the commission, known as an Article 37 submission. This has to include enough data to determine whether such plans are liable to result in the radioactive contamination of the water, soil or airspace of another member state. The commission provides its opinion within six months, after consulting the group of experts referred to in Article 31.
An authorisation or permit to carry out the work cannot be given until the commission gives its opinion. The details of how this system operates are set out in ‘Commission Recommendation 2010/635/Euratom of 11 October 2010 on the application of Article 37 of the Euratom Treaty’.