Council Directive 2013/59/EuratomShow full title

CHAPTER VIII PUBLIC EXPOSURES

SECTION 1 Protection of members of the public and long-term health protection in normal circumstances

Article 65 Operational protection of members of the public

1. Member States shall ensure that the operational protection of members of the public in normal circumstances from practices subject to licensing shall include, for relevant facilities, the following:

(a) examination and approval of the proposed siting of the facility from a radiation protection point of view, taking into account relevant demographic, meteorological, geological, hydrological and ecological conditions;

(b) acceptance into service of the facility subject to adequate protection being provided against any exposure or radioactive contamination liable to extend beyond the perimeter of the facility or radioactive contamination liable to extend to the ground beneath the facility;

(c) examination and approval of plans for the discharge of radioactive effluents;

(d) measures to control the access of members of the public to the facility.

2. The competent authority shall where appropriate establish authorised limits as part of the discharge authorisation and conditions for discharging radioactive effluents which shall:

(a) take into account the results of the optimisation of radiation protection;

(b) reflect good practice in the operation of similar facilities.

In addition, these discharge authorisations shall take into account, where appropriate, the results of a generic screening assessment based on internationally recognised scientific guidance, where such an assessment has been required by the Member State, to demonstrate that environmental criteria for long-term human health protection are met.

3. For practices subject to registration, Member States shall ensure the protection of members of the public in normal circumstances through appropriate national regulations and guidance.

Article 66 Estimation of doses to the members of the public

1. Member States shall ensure that arrangements are made for the estimation of doses to members of the public from authorised practices. The extent of such arrangements shall be proportionate to the exposure risk involved.

2. Member States shall ensure the identification of practices for which an assessment of doses to members of the public shall be carried out. Member States shall specify those practices for which this assessment needs to be carried out in a realistic way and those for which a screening assessment is sufficient.

3. For the realistic assessment of doses to the members of the public, the competent authority shall:

(a) decide on a reasonable extent of surveys to be conducted and information to be taken into account in order to identify the representative person, taking into account the effective pathways for transmission of the radioactive substances;

(b) decide on a reasonable frequency of monitoring of the relevant parameters as determined in point (a);

(c) ensure that the estimates of doses to the representative person include:

i)

assessment of the doses due to external radiation, indicating, where appropriate, the type of the radiation in question;

ii)

assessment of the intake of radionuclides, indicating the nature of the radionuclides and, where necessary, their physical and chemical states, and determination of the activity concentrations of these radionuclides in food and drinking water or other relevant environmental media;

iii)

assessment of the doses that the representative person, as identified in point (a), is liable to receive;

(d) require records to be kept and be made available on request to all stakeholders relating to measurements of external exposure and contamination, estimates of intakes of radionuclides, and the results of the assessment of the doses received by the representative person.

Article 67 Monitoring of radioactive discharges

1. Member States shall require the undertaking responsible for practices where a discharge authorisation is granted to monitor appropriately or where appropriate evaluate the radioactive airborne or liquid discharges into the environment in normal operation and to report the results to the competent authority.

2. Member States shall require any undertaking responsible for a nuclear power reactor or reprocessing plant to monitor radioactive discharges and report them in accordance with standardised information.

Article 68 Tasks for the undertaking

Member States shall require the undertaking to carry out the following tasks:

(a)

achieve and maintain an optimal level of protection of members of the public;

(b)

accept into service adequate equipment and procedures for measuring and assessing exposure of members of the public and radioactive contamination of the environment;

(c)

check the effectiveness and maintenance of equipment as referred to in point (b) and ensure the regular calibration of measuring instruments;

(d)

seek advice from a radiation protection expert in the performance of the tasks referred to in points (a), (b) and (c).

SECTION 2 Emergency exposure situations

Article 69 Emergency response

1. Member States shall require the undertaking to notify the competent authority immediately of any emergency in relation to the practices for which it is responsible and to take all appropriate action to reduce the consequences.

2. Member States shall ensure that, in the event of an emergency on their territory, the undertaking concerned makes an initial provisional assessment of the circumstances and consequences of the emergency and assists with protective measures.

3. Member States shall ensure that provision is made for protective measures with regard to:

(a) the radiation source, to reduce or stop the radiation, including the release of radionuclides;

(b) the environment, to reduce the exposure to individuals resulting from radioactive substances through relevant pathways;

(c) individuals, to reduce their exposure.

4. In the event of an emergency on or outside its territory, the Member State shall require:

(a) the organisation of appropriate protective measures, taking account of the real characteristics of the emergency and in accordance with the optimised protection strategy as part of the emergency response plan, whereby the elements to be included in an emergency response plan are indicated in Section B of Annex XI;

(b) the assessment and recording of the consequences of the emergency and of the effectiveness of the protective measures.

5. The Member State shall, if the situation so requires, ensure that provision is made to organise the medical treatment of those affected.

Article 70 Information to the members of the public likely to be affected in the event of an emergency

1. Member States shall ensure that the members of the public likely to be affected in the event of an emergency are given information about the health protection measures applicable to them and about the action they should take in the event of such an emergency.

2. The information supplied shall include at least the elements set out in Section A of Annex XII.

3. The information shall be communicated to the members of the public referred to in paragraph 1 without any request being made.

4. Member States shall ensure that the information is updated and distributed at regular intervals and whenever significant changes take place. This information shall be permanently available to the public.

Article 71 Information to the members of the public actually affected in the event of an emergency

1. Member States shall ensure that, when an emergency occurs, the members of the public actually affected are informed without delay about the facts of the emergency, the steps to be taken and, as appropriate, the health protection measures applicable to these members of the public.

2. The information provided shall cover those points listed in Section B of Annex XII which are relevant to the type of emergency.

SECTION 3 Existing exposure situation

Article 72 Environmental monitoring programme

Member States shall ensure that an appropriate environmental monitoring programme is in place.

Article 73 Contaminated areas

1. Member States shall ensure that optimised protection strategies for managing contaminated areas shall include, where applicable, the following:

(a) objectives, including long-term goals pursued by the strategy and corresponding reference levels, in accordance with Article 7;

(b) delineation of the affected areas and identification of the affected members of the public;

(c) consideration of the need for and extent of protective measures to be applied to the affected areas and members of the public;

(d) consideration of the need to prevent or control access to the affected areas, or to impose restrictions on living conditions in these areas;

(e) assessment of the exposure of different groups in the population and assessment of the means available to individuals for controlling their own exposure.

2. For areas with long-lasting residual contamination in which the Member State has decided to allow habitation and the resumption of social and economic activities, Member States shall ensure, in consultation with stakeholders, that arrangements are in place, as necessary, for the ongoing control of exposure with the aim of establishing living conditions that can be considered as normal, including:

(a) establishment of appropriate reference levels;

(b) establishment of an infrastructure to support continuing self-help protective measures in the affected areas, such as information provision, advice and monitoring;

(c) if appropriate, remediation measures;

(d) if appropriate, delineated areas.

Article 74 Indoor exposure to radon

1. Member States shall establish national reference levels for indoor radon concentrations. The reference levels for the annual average activity concentration in air shall not be higher than 300 Bq m^–3.

2. Under the national action plan referred to in Article 103, Member States shall promote action to identify dwellings, with radon concentrations (as an annual average) exceeding the reference level and encourage, where appropriate by technical or other means, radon concentration-reducing measures in these dwellings.

3. Member States shall ensure that local and national information is made available on indoor radon exposure and the associated health risks, on the importance of performing radon measurements and on the technical means available for reducing existing radon concentrations.

Article 75 Gamma radiation from building materials

1. The reference level applying to indoor external exposure to gamma radiation emitted by building materials, in addition to outdoor external exposure, shall be 1 mSv per year.

2. For building materials which are identified by the Member State as being of concern from a radiation protection point of view, taking into account the indicative list of materials set out in Annex XIII with regard to their emitted gamma radiation, Member States shall ensure that, before such materials are placed on the market:

(a) the activity concentrations of the radionuclides specified in Annex VIII are determined, and that,

(b) information to the competent authority on the results of measurements and the corresponding activity concentration index, as well as other relevant factors, as defined in Annex VIII, are provided if requested.

3. For types of building materials identified in accordance with paragraph 2 which are liable to give doses exceeding the reference level, Member States shall decide on appropriate measures, which may include specific requirements in relevant building codes or restrictions on the envisaged use of such materials.