THE EUROPEAN UNION NUCLEAR SAFETY DIRECTIVE: A LEGAL FRAMEWORK TO STRENGTHEN NATIONAL RESPONSIBILITIES FOR NUCLEAR SAFETY

摘要

Nuclear safety is an absolute priority for the European Union (EU), and its importance isrnfurther heightened by the context of renewed interest in nuclear energy. A major step within thernEU was achieved on 25 June 2009, when the Council adopted by unanimity of the 27 MemberrnStates, on the basis of a revised Commission proposal, the Directive establishing a Communityrnframework for the safety of nuclear installations (Council Directive 2009/71/Euratomrn(OJ L 172. 2.7.2009)), with overwhelming support from both the European Parliament and thernEuropean Economic and Social Committee. This unanimity reflects the common understandingrnof the importance of binding nuclear safety legislation in order to reinforce the legal frameworkrnand the already strong nuclear safety culture in Europe. The fundamental principles on whichrnthe Directive is built are the national responsibility for nuclear safety and the continuousrnimprovement of safety. The Directive builds on work that Member States have already carriedrnout. It introduces into Community law the principles enshrined in the Safety Fundamentals ofrnthe International Atomic Energy Agency (IAEA) as well as the obligations of the InternationalrnConvention on Nuclear Safety. It aims at strengthening the role and the independence of thernnational regulatory bodies by building on their competencies and ensuring that they have thernmeans and the tools to fulfil their mandates. The Directive establishes a flexible approach to therncontinuous improvement of nuclear safety requirements and allows for flexibility in case newrnchallenges arise. It leaves a needed appreciation margin to Member States in the practicalrnimplementation.