About Euratom

1. About Euratom Piotr SZYMANSKI, Director Nuclear Safeguards DG ENERGY, European Commission CEOC Conference, EU Energy Policy – „New Challenges for Third Party Inspection and Certification Bodies“, 30.05.2011

2.  Overview • Purpose of this presentation • Treaties: foundation of the EU • Euratom Treaty and examples of its application • Nuclear safeguards • Nuclear safety • EU response to Fukushima accident - nuclear power plants stress tests

3.  Purpose of this presentation • Remind you about the EU legal basis to help in following current developments • Tell (remind) you about the Euratom Treaty • Show examples of the Commission‘s work in the nuclear field

4. Integration – what does it mean?  Multinational integration process : • Independent entities (e.g. states) through • Voluntary binding measures (e.g. treaties) establish • Common institutions (e.g. Commission) to develop • Common policies (e.g. on energy) pursuing • Common goals and serving common interests(e.g. protect the environment)

5. Treaties and history of the EU  1948 1952 1958 1967 1987 ▲ European Communities▲ European Coal and Steel Community (ECSC) European Atomic Energy Community (EAEC=EURATOM) European Economic Community (EEC) EuropeanPoliticalCooperation(EPC) Western European Union (WEU) Brussels Paris Rome Brussels SEA (1948) (1952) (1958) (1967) (1987)

6. Treaties and history of the EU  1993 1999 2003 2009 … European Atomic Energy Community (EAEC or EURATOM) European Coal & Steel Community (ECSC) European Union (EU) European Union (EU) European Community (EC) Justice & Home Affairs (JHA) Police & Judicial co-operation in criminal matters (PJCC) Common Foreign and Security Policy (CFSP) WEU Maastricht Amsterdam Nice Lisbon …(1993) (1999) (2003) (2009) …

7.  Structure of the EU European Union (=TEU, TFEU, Charter) EURATOM Treatyon the European Union (TEU) Treaty on the Functioning of the European Union (TFEU, ex-EC) Treaty of Lisbon

8.  The EU Institutions European Council (summit) European Parliament Council of Ministers (Council of the EU) European Commission Court of Justice Court of Auditors Economic and Social Committee Committee of the Regions European Investment Bank European Central Bank Agencies

9. How EU laws are made  Citizens, interest groups, experts: discuss, consult Commission: makes formal proposal Parliament and Council of Ministers: decide jointly National or local authorities: implement Commission and Court of Justice: monitor implementation

10.  Legal framework of the European Union The Treaty of Lisbon(signed 2007) • amends the two treaties which comprise the constitutional basis of the European Union: • Treaty on European Union (TEU; also known as the Maastricht Treaty) • Treaty establishing the European Community (TEC; also known as the Treaty of Rome). • Consists of two Treaties: TEU and TFEU (Treaty on Functioning of the EU)

11. Treaty on Functioning of European Union (TFEU)  Article 194 – Energy “Union policy on energy shall aim…to“: • Ensure the functioning of the energy market • Ensure security of energy supply • Promote energy efficiency, energy saving, development of new and renewable energy • Promote interconnection of energy networks

12.  Treaty on Functioning of EuropeanUnion (TFEU) – changes Article 194 – Energy • Legislation by ordinary legislative procedure (= co-decision with qualified majority in Council) • Legislation of fiscal nature by special legislative procedure (= unanimity in Council) • Member States’ rights not affected • to determine conditions of exploiting energy resources • to choose between different energy sources and • to choose the general structure of its energy supply

13. Treaties and history of the EU  1993 1999 2003 2009 … European Atomic Energy Community (EAEC or EURATOM) European Coal & Steel Community (ECSC) European Union (EU) European Union (EU) European Community (EC) Justice & Home Affairs (JHA) Police & Judicial co-operation in criminal matters (PJCC) Common Foreign and Security Policy (CFSP) WEU Maastricht Amsterdam Nice Lisbon …(1993) (1999) (2003) (2009) …

14. Legal framework of the European Union  The EURATOM Treaty (signed 1957) “It shall be the task of the Community to contribute » to the raising of the standards of living in the Member States and » to the development of relations with the other countries by creating the conditions necessary for the speedy establishment and growth of the nuclear industries”

15.  Euratom after Lisbon: changes Protocol No.2 amending the Euratom Treaty Preamble Art 106a „European Atomic Energy Community should continue to have full legal effect“ General provisions of TEU and TFEU apply

16.  Euratom after Lisbon: changes • Separate legal entity (Art 184) • Identical institutions, budget etc with EU • Special legislative procedures continue • Role of the European Parliament remains largely advisory (no co-decision with Council), e.g. Art. 31, 32 or Art. 79 (3) Euratom Treaty • Article 31 group and Economic and Social Committee continue to be consulted

17.  Specific tasks of EURATOM According to the Treaty, specific tasks are: • to promote research and ensure the dissemination of technical information • to establish uniform safety standards to protect the health of workers and of the general public and ensure that they are applied (Example 2) • to facilitate investment and ensure the establishment of the basic installations necessary for the development of nuclear energy in the EU

18.  Specific tasks of EURATOM • to ensure that all users in the EU receive a regular and equitable supply of ores and nuclear fuels • to make certain that civil nuclear materials are not diverted to other (particularly military) purposes (Example 1) • to exercise the right of ownership conferred upon it with respect to special fissile materials • to foster progress in the peaceful uses of nuclear energy by working with other countries and international organisations • to establish joint undertakings

19.  Overview • Purpose of this presentation • Treaties: foundation of the EU • Euratom Treaty and examples of its application • Nuclear safeguards • Nuclear safety • EU response to Fukushima accident - nuclear power plants stress tests

20.  Example 1: Nuclear Safeguards • In the territories of Member States: • …materials are not diverted from their intended uses as declared by the users • …provisions relating to safeguarding obligations under an agreement with a Third State or an international organisation are complied with. • Exception: • EURATOM Safeguards do not extend to materials intended to meet defence requirements Treaty requires Commission to satisfy itself that:

21.  Safeguards implementation - methodology • Operator: • Provides basic technical characteristics (BTC) of the installation • Keeps operating records to permit accounting for the material • Provides accounting data to the Commission • Commission verifies: • data consistency • coherence with records kept at the installation • data correspondence to the physical reality Verification work is done in nuclear installations, Joint Research Centre and safeguards headquarters in Luxembourg cooperation with the International Atomic Energy Agency (IAEA)

22.  Safeguards implementation - inspectors • Recruited by the Commission (Treaty art. 82) • Have access to all places, data and persons, at all times, to the extent necessary to apply safeguards • ~160 inspectors: • ~1500 inspections/year • ~4100 inspection-person-days/year

23.  Safeguards enforcement • If carrying-out of the inspection is opposed • Commission will submit an application to the President of the Court of Justice who may order to perform compulsory inspection • If an infringement is found – sanctions: • On the operator: • warning, withdrawal of benefits, placing company under administration, withdrawal of nuclear material • On the Member State: • Commission Directive

24.  Example 2: Nuclear safety • Council Directive 2009/71/Euratom of 25 June 2009 establishing a Community framework for the nuclear safety of nuclear installations • gives binding legal forceto international safetystandards (IAEA, CNS) • establishes nationalresponsibility fornuclear safety • enhances independenceof regulators • ensures continuousimprovementof safety

25.  • Nuclear Waste Directive: revised proposal adopted by the Commission on 3 November 2010

26.  Waste and spent fuel volumes produced in 2004 Spent Fuel + High Level HLW in a person‘s lifetime Low Level Long-lived Low + Intermediate Level Short-lived Nuclear waste (including low, intermediate and high level waste) and spent fuel volume a year in the EU is less than 100.000m3 2 football fields (staple height 7m)

27.  Overview • Purpose of this presentation • Treaties: foundation of the EU • Euratom Treaty and examples of its application • Nuclear safeguards • Nuclear safety • EU response to Fukushima accident - nuclear power plants stress tests

28. Sequence of Events in JapanFukushima Dai-ichi Units 1-3 in operation, units 4-6 in maintenance and refuelling state. Earthquake level: 9 onRichterscale. Normal plant shutdown – loss of off-site electrical power supply but emergency diesel generators working as foreseen – all normal in terms of cooling the reactors and fuel pools – decay heat removal. Tsunami: 14 m while design basis was 6,5 m [for an historical tsunami of 5,7 m]. Flooding of diesels and auxiliary equipment. 

29.  Flooding, Trenches, Turbine building Source data: Fed of Electric Power Companies/VGB

30. EU Response, after 11 March 2011 Commissioner Oettinger called a High Level Conference on 15 March 2011: Ministers, Nuclear Safety Authorities and Industry.  Introduction of safety "stress tests" at EU nuclear power plants

31. EU Response 16 March 2011: Council Working Group (AQG) defined a first set of criteria for “comprehensive risk and safety assessments” Initiating events The seismic characteristics of the sites The possibility of flooding Resistance to man induced events (e.g. terrorist acts) Status of the facility The type of reactor The aging of the power plants The technical design and features of the cooling systems The technical design and arrangements of the backup systems Emergency procedures and preparedness 21 March 2011: Council confirmed the approach 

32. EU Response 24-25 March 2011: European Council  EU leaders declared that the nuclear issue a top priority and stressed the need to learn the lessons from the nuclear accident. They decided that the safety of EU nuclear plants should be reviewed in risk and safety assessments, the so-called "stress tests". The Commission will ensure that the test modalities are defined as soon as possible and the tests carried out. Nuclear particles know no borders. That is why neighbouring countries should be encouraged to do similar stress tests. "A worldwide review of nuclear plants would be best," said Herman Van Rompuy."

33. Stress tests - timeframe  • 25 May 2011: Stress tests announced • Start: 1 June • Licensee report (15.08, 31.10) • National report (15.09, 31.12) • European Commission report to the EU Council (9.12, June 2012) • Peer review of national reports (by 04.2012)

34. Stress tests – cont.  • Transparency • National reports - public (in accordance to legislation) • Results of peer reviews - public • The Commission is working to extend the assessments to other countries, in particular those neighbours operating nuclear installations: Switzerland, the Russian Federation, Ukraine and Armenia.

35. Stress tests - cont  Targeted reassessment of nuclear power plant safety margins: • response to set of extreme situations • preventive and mitigative measures following defence-in-depth logic To evaluate: • robustness of defence-in-depth approach • adequacy of accident management measures To identify • Potential for safety improvements

36. Thank you for your attention