Progress with the revision and consolidation of the European Basic Safety Standards Directive

1.  Progress with the revision and consolidation of the EuropeanBasic Safety Standards Directive Stefan Mundigl European Commission DG Energy and Transport Radiation Protection Unit EUROPEANCOMMISSION

2. Role of the European Union • Euratom Treaty (1957) • allow the development of nuclear energy while protecting the Health and Safety of workers and members of the public • Establish uniform Basic Safety Standards • Ensure their application (transposition; implementation; infringement procedure) • Ensure the protection of the “environment” • “air, water, soil” • Research (fission/fusion Framework Programmes) • radiation biology

3. Development of a new European Basic Safety Standards Directive • Consolidation of existing European radiation protection legislation • Revision of the Euratom Basic Safety Standards (Directive 96/29/Euratom)

4. Consolidation of European 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

5. Motivation for revision of Euratom BSS • More binding requirements on • Natural radiation sources • Criteria for clearance • Cooperation between Member States for emergency planning and response • Review of regulatory control system • Graded approach to regulatory control • Cover NORM industries • New recommendations by ICRP • Revision of International Basic Safety Standards • Strive for greater harmonisation

6. Impact of new ICRP Recommendations • Based on three different exposure situations • Planned • Existing • Emergency • Constraints and Reference levels • Source related prospective tool for optimisation • Societal basis – Bands of constraints • Forthcoming ICRP Documents on • Emergency exposure situations • Existing exposure situations • Radiological Protection of the Environment

7. Topical issues for BSS revision • Natural Radiation • NORM industries • Building material • Radon • Cosmic radiation (exposure to aircrew) • Exemption and Clearance • Graded approach to regulatory control • Education and training • Emergency preparedness and response • Occupational Exposure (Outside workers) • Protection of the Environment

8. NORM industries • “Positive” list of types of industries • Identification of industries of concern • Activity concentrations above 1 Bq/g (10 Bq/g for K40) • Not applicable to recycling in building materials • Higher values for segments of the decay chain • Lower values where appropriate in specific cases • Assessment of doses to workers • 1-6 mSv: keep under review – apply ALARA • > 6 mSv: controlled areas • Assessment of effluents and disposal of waste • Recycling rather than radioactive waste disposal

9. Radon • Requirement for a national action plan • All sources: soil, building material, water • Definition of radon prone areas • Reference levels for existing dwellings, new dwellings, workplaces and public buildings • Building codes for new buildings • Provide information • House owners • Building Profession • Occupational Exposure • Radon measurements • Reference levels

10. Building Material • Placing on the market and use of building materials managed as an existing exposure situation • for types of building materials identified by national authorities, based on an indicative list given in BSS • Establishment of national reference levels • Exemption • Placing on the market subject to regulatory control • Categorisation of building materials for trade across national borders • Labelling and information

11. Exemption and clearance • Enhance clarity of the concepts • Same levels for both concepts • Basis: IAEA RS-G-1.7 • Study launched to • evaluate differences with EC RP 122, • assess impact of lowering the exemption levels

12. Regulatory Control • Graded Approach to Regulatory Control • Exemption • Notification • Registration • e.g. authorisation in cases of a limited risk • Licensing • Accommodate approach for NORM industries

13. Protection of the Environment • ... not much available for the time being ... • Reference to other applicable EC legislation • Reference to the Drinking Water Directive • Expect input from • PROTECT • ICRP • ... • Harmonise with international Basic Safety Standards

14. What do we need? A regulatory approach to radiological protection of the environment has to be • Transparent & clear • Easy to understand • Easy to communicate to stakeholders • Public, operators, other regulators (environmental area) • Broadly accepted/agreed • Practicable to implement • Consistent with the system in place

15. What can/shall be regulated? When? How? • Planned exposure situations • Environmental impact assessment • New built • Granting discharge authorisations • Additional criteria • Further focus on the optimisation principle • New built / existing installations • Probably no impact on clearance of material?

16. What can/shall be regulated? When? How? (2) • Existing exposure situations • Remediation of contaminated sites after nuclear accidents or radiological emergencies / legacy of past practices? • Justification and optimisation - Doing more good than harm! • Decision-making process involving stakeholders • Case specific • Natural occurring radioactivity? • Emergency exposure situations • Main priority: Protection of humans • Clean-up (see existing exposure situations)

17. Numerical Guidance - Input from PROTECT • Any numerical guidance has to be • Transparent, clear, understandable, easy to communicate • No moving target • Graded (tiered) approach • Generic screening level • Threshold to enter the system • What do we do if we are above? • Taxonomic screening levels? Practicability? • Regulatory action levels? • Flexibility - case by case assessment? • Implementation - check compliance • Guidance on assessment (quantities to be measured, measurements, calculation codes, ...)

18. Outline of new Euratom BSS • Preamble • Title I Subject matter and Scope • Title II Definitions • Title III: System of Protection • Title IV: Responsibilities for regulatory control • Title V: Requirements for Education and Training • Title VI: Justification and Regulatory control of planned exposure situations • Title VII: Protection of Workers, Apprentices and Students • Title VIII: Protection of Patients and other individuals submitted to medical exposure • Title IX: Protection of Members of the Public • Title X: Protection of the Environment • Title XI: Emergency exposure situations • Title XII: Existing exposure situations • Title XIII: Final provisions

19. Further Steps • Working Party on Recast • prepare a complete draft Basic Safety Standards Directive including • consolidated Directives • revised Directive 96/29 • Discuss complete proposal with the Group of Experts referred to in Article 31 of the Euratom Treaty • June – November 2009

20. International Basic Safety Standards • European Commission is formally • Co-sponsoring the Safety Fundamentals • Joining the secretariat for the review of International Basic Safety Standards • In view of potential co-sponsorship • Representatives of IAEA participate as observers in • Article 31 Group of Experts • and its Working Parties

21. Summary • Consolidation of existing European radiation protection legislation • Revision of the Euratom Basic Safety Standards • Impact of new ICRP Recommendations • Integrate natural and artificial radiation • Strive for greater harmonisation with international BSS • Protection of the environment • Title foreseen in the European BSS • Harmonisation with international BSS • ... wait for further input ...