European cooperation on Nuclear Safety

The Treaty establishing the European Atomic Energy Community – Euratom imposes nuclear obligations on the 27 member states of the European Union (EU). EU directives set out the EU's basic regulations on the safety of nuclear facilities and disposal:

• Council Directive 2009/71/EURATOM of 25 June 2009, establishing a Community framework for nuclear safety of nuclear installations, as amended by the Council Directive 2014/87/Euratom of 8 July 2014
  
• Council Directive 2011/70/EURATOM of 19 July 2011, establishing a Community framework for the responsible and safe management of spent fuel elements and radioactive waste.

Euratom Treaty

The Treaty establishing the European Atomic Energy Community (Euratom Treaty) was concluded on 25 March 1957. It is one of the "Roman Treaties" that form the historical basis for today's European Union (EU).

The Euratom Treaty also results in obligations for the EU member states, such as the information requirement pursuant to Article 37.

Information requirement for the planned release of radioactive material – Article 37 Euratom Treaty

Nuclear installations can also have an impact on neighbouring countries through the release of radioactive substances (for example, through emissions of exhaust air and waste water and the release of solid radioactive waste during normal operation). Pursuant to Article 37 of the Euratom Treaty, each member state is obliged to inform the European Commission of planned authorisations for the release of radioactive substances. On the basis of "general information", which also includes information on incidents and accidents under consideration, the Commission will examine whether the planned authorisation might result in radioactive contamination of

• the water,
• the soil or
• the airspace

of another member state. The "general information" report is normally prepared by the applicant (operator).

The Commission will issue an opinion based on the “general information”. Only then may the competent authority of the member state grant the respective licence. The Commission’s opinions will be published in the Official Journal of the European Union.

The Commission published the Recommendation 2010/635/Euratom dated 11 October 2010 on the application of Article 37 of the Euratom Treaty, which specifies the “general information” to be submitted.

In the Federal Republic of Germany, the Federal Ministry for the Environment, Nature Conservation, Nuclear Safety and Consumer Protection (Bundesminsterium für Umwelt, Naturschutz, nukleare Sicherheit und Verbraucherschutz- BMUV) is responsible for submitting the “general information” to the Commission. The Federal Office for the Safety of Nuclear Waste Management (BASE) supports the BMUV in reviewing and coordinating the required reports on the "general information".

Concluded and ongoing procedures of Germany pursuant to Article 37 Euratom

From 1987 to December 2023, a total of 66 procedures for installations in Germany under Article 37 Euratom have been concluded, all with positive opinions.

In the years 2001 to 2003, such procedures were also carried out for the decentralised interim storage facilities at the sites of the nuclear power plants.

Further procedures under Article 37 Euratom are pending for the dismantling of nuclear power plants and other nuclear facilities.

ENSREG – European Nuclear Safety Regulators Group

The European Nuclear Safety Regulators Group (ENSREG – European Nuclear Safety Regulators Group) advises and supports the Commission of the European Union on questions concerning the safety of nuclear installations and the safe management of spent fuel and radioactive waste. ENSREG brings together high-level members of the nuclear regulatory authorities from all EU Member States. ENSREG facilitates coordination and cooperation between national regulatory authorities.

Important points in ENSREG`s work programme are:

• the continuous improvement of nuclear safety and promotion of international cooperation,
• a continuous optimisation in radioactive waste management and for spent fuel decommissioning and management programmes, and
• increased openness and transparency.

The BMUV represents Germany at ENSREG. BASE plays a supporting role, and is especially involved in the continuous improvement of nuclear safety, for example the work on thematic peer review, which was carried out for the first time in 2017.

WENRA – Western European Nuclear Regulators' Association

The Western European Nuclear Regulators' Association (WENRA) was founded in 1999 as a committee of European regulatory and licensing authorities. WENRA provided a platform for the then states of the European Union to discuss their positions on the safety of nuclear power plants in Eastern and Central European accession states, and to develop a common viewpoint. Today, WENRA sees itself as a network of independent European supervisory authorities. In contrast to ENSREG, WENRA is not an advisory body of the European Union.

There are three main working groups within WENRA:

• the "Reactor Harmonisation Working Group" (RHWG),
• the "Working Group on Waste and Decomissioning" (WGWD), and
• the "Working Group on Research Reactors (WGRR).

The WENRA member states follow different approaches to implement and ensure safety in nuclear technology at national level. The WENRA working groups are intended to help reduce the differences between the countries' nuclear regulations.

The WENRA-RHWG has, for example, developed the "WENRA Safety Reference Levels for Existing Reactors". The two other working groups, WGWD and WGRR have developed and published similar safety requirements for the plants within their scope. They form a set of basic requirements on various safety-relevant topics. The Safety Reference Levels are regularly reviewed and updated in the light of new findings, e.g. following the nuclear power plant accident in Fukushima.

BASE is represented in the WGRR working group.