2.8.2011 EN Official Journal of the European Union L 199/48 COUNCIL DIRECTIVE 2011/70/EURATOM of 19 July 2011 establishing a Community framework for the responsible and safe management of spent fuel and radioactive waste THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 31 and 32 thereof, Having regard to the proposal from the European Commission, drawn up after obtaining the opinion of a group of persons appointed by the Scientific and Technical Committee from among scientific experts in the Member States, Having regard to the opinion of the European Economic and Social Committee (1), Having regard to the opinion of the European Parliament (2), Whereas: (1) Article 2(b) of the Treaty establishing the European Atomic Energy Community (‘Euratom Treaty’) provides for the establishment of uniform safety standards to protect the health of workers and of the general public. (2) Article 30 of the Euratom Treaty provides for the establishment of basic standards for the protection of the health of workers and the general public against the dangers arising from ionising radiations. (3) Article 37 of the Euratom Treaty requires Member States to provide the Commission with general data relating to any plan for the disposal of radioactive waste. (4) Council Directive 96/29/Euratom (3) establishes basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation. That Directive has been supplemented by more specific legislation. (5) As recognised by the Court of Justice of the European Union in its case-law, the provisions of Chapter 3 of the Euratom Treaty, on health and safety, form a coherent whole conferring upon the Commission powers of some considerable scope in order to protect the population and the environment against the risks of nuclear contamination (4). (6) Council Decision 87/600/Euratom of 14 December 1987 on Community arrangements for the early exchange of information in the event of a radiological emergency (5) established a framework for notification and provision of information to be used by the Member States in order to protect the general public in case of a radiological emergency. Council Directive 89/618/Euratom of 27 November 1989 on informing the general public about health protection measures to be applied and steps to be taken in the event of a radiological emergency (6) imposed obligations on the Member States to inform the general public in the event of a radiological emergency. (7) Council Directive 2003/122/Euratom (7) provides for the control of high-activity sealed radioactive sources and orphan sources, including disused sources. In accordance with the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management (‘the Joint Convention’) and the International Atomic Energy Agency (IAEA) Code of Conduct on the Safety and Security of Radioactive Sources, and current industrial practices, disused sealed sources can be reused, recycled or disposed of. In many cases, this needs a return of the source or return of the equipment, including the source, to a supplier or a manufacturer, for requalification or processing. (8) Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries (8) covers the management of waste from extractive industries which may be radioactive, but excluding such aspects as are specific to radioactivity, which are matters dealt with under the Euratom Treaty. (9) Council Directive 2006/117/Euratom (9) lays down a European Atomic Energy Community (‘Community’) system of supervision and control of transboundary shipments of radioactive waste and spent fuel. That Directive was supplemented by Commission Recommendation 2008/956/Euratom of 4 December 2008 on criteria for the export of radioactive waste and spent fuel to third countries (10). (10) Council Directive 2009/71/Euratom of 25 June 2009 establishing a Community framework for the nuclear safety of nuclear installations (11) imposes obligations on the Member States to establish and maintain a national framework for nuclear safety. While that Directive concerns principally the nuclear safety of nuclear installations, it states that it is also important to ensure the safe management of spent fuel and radioactive waste, including at storage and disposal facilities. Therefore, those facilities, addressed both in Directive 2009/71/Euratom and in this Directive, should not be subject to disproportionate or unnecessary obligations, especially as regards reporting. (11) Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment (12) applies to certain plans and programmes within the scope of Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (13). (12) Commission Recommendation 2006/851/Euratom of 24 October 2006 on the management of the financial resources for the decommissioning of nuclear installations, spent fuel and radioactive waste (14) focuses on the adequacy of funding, its financial security and its transparency in order to ensure that the funds are only used for the intended purposes. (13) Under the specific terms of accession of Lithuania, Slovakia and Bulgaria to the European Union, where certain nuclear power plants were subject to early shutdown, the Community has taken part in the raising of financial resources and provides financial support subject to certain conditions to various decommissioning projects, including management of radioactive waste and spent fuel. (14) The Joint Convention, concluded under the auspices of the IAEA, represents an incentive instrument which aims at achieving and maintaining a high level of safety worldwide in spent fuel and radioactive waste management through the enhancement of national measures and international cooperation. (15) Some Member States have already participated and intend to participate further in the US-Russian driven programme, called the Global Threat Reduction Initiative, by shipping the spent fuel of research reactors to the United States of America and to the Russian Federation. (16) In 2006, the IAEA updated the structure of standards and published the Fundamental Safety Principles, which were jointly sponsored by the Community, the Organisation for Economic Cooperation and Development/Nuclear Energy Agency and other international organisations. Applying the Fundamental Safety Principles will facilitate the application of international safety standards and will make for greater consistency between the arrangements of different states. (17) Following the Council’s invitation to set up a High Level Group at EU level, as recorded in its Conclusions of 8 May 2007 on Nuclear Safety and Safe Management of Spent Nuclear Fuel and Radioactive Waste, the European Nuclear Safety Regulators Group (ENSREG) was set up by Commission Decision 2007/530/Euratom of 17 July 2007 on establishing the European High Level Group on Nuclear Safety and Waste Management (15) to contribute to the achievement of the Community objectives in the field of spent fuel and radioactive waste management. The conclusions and recommendations of ENSREG were reflected in the Council Resolution of 16 December 2008 on Spent Fuel and Radioactive Waste Management and the Council Conclusions of 10 November 2009 on the report by the European Nuclear Safety Regulators Group. (18) The European Parliament adopted on 10 May 2007 a Resolution ‘Assessing Euratom – 50 Years of European nuclear energy policy’ where it called for harmonised standards for radioactive waste management and invited the Commission to review the relevant drafts of its legislative proposal and submit a new proposal for a directive on radioactive waste management. (19) While each Member State remains free to define its energy mix, all Member States generate radioactive waste from power generation or in the course of industrial, agricultural, medical and research activities, or through decommissioning of nuclear facilities or in situations of remediation and interventions. (20) The operation of nuclear reactors generates spent fuel. Each Member State remains free to define its fuel cycle policy. The spent fuel can be regarded either as a valuable resource that may be reprocessed or as radioactive waste that is destined for direct disposal. Whatever option is chosen, the disposal of high-level waste, separated at reprocessing, or of spent fuel regarded as waste should be considered. (21) Radioactive waste, including spent fuel considered as waste, requires containment and isolation from humans and the living environment over the long term. Its specific nature, namely that it contains radionuclides, requires arrangements to protect human health and the environment against dangers arising from ionising radiation, including disposal in appropriate facilities as the end location point. The storage of radioactive waste, including long-term storage, is an interim solution, but not an alternative to disposal. (22) A national radioactive waste classification scheme should support those arrangements, taking fully into account the specific types and properties of radioactive waste. (23) The typical disposal concept for low and intermediate-level waste is near-surface disposal. It is broadly accepted at the technical level that, at this time, deep geological disposal represents the safest and most sustainable option as the end point of the management of high-level waste and spent fuel considered as waste. Member States, while retaining responsibility for their respective policies in respect of the management of their spent fuel and low, intermediate or high-level radioactive waste, should include planning and implementation of disposal options in their national policies. Since the implementation and development of a disposal facility will take place over many decades, many programmes recognise the necessity of remaining flexible and adaptable, e.g. in order to incorporate new knowledge about site conditions or the possible evolution of the disposal system. The activities conducted under the Implementing Geological Disposal of Radioactive Waste Technology Platform (IGD-TP) could facilitate access to expertise and technology in this respect. To that end, reversibility and retrievability as operating and design criteria may be used to guide the technical development of a disposal system. However, those criteria should not be a substitute for a well designed disposal facility that has a defensible basis for closure. A compromise is needed as the management of radioactive waste and spent fuel is based on state-of-the-art science and technology. (24) It should be an ethical obligation of each Member State to avoid any undue burden on future generations in respect of spent fuel and radioactive waste including any radioactive waste expected from decommissioning of existing nuclear installations. Through the implementation of this Directive Member States will have demonstrated that they have taken reasonable steps to ensure that that objective is met. (25) The ultimate responsibility of Member States for the safety of spent fuel and radioactive waste management is a fundamental principle reaffirmed by the Joint Convention. That principle of national responsibility, as well as the principle of prime responsibility of the licence holder for the safety of spent fuel and radioactive waste management under the supervision of its competent regulatory authority, should be enhanced and the role and independence of the competent regulatory authority should be reinforced by this Directive. (26) It is understood that the utilisation of radioactive sources by a competent regulatory authority for the purpose of carrying out its regulatory tasks does not affect its independence. (27) Member States should ensure that adequate funding is available for the management of spent fuel and radioactive waste. (28) Member States should establish national programmes to ensure the transposition of political decisions into clear provisions for the timely implementation of all steps of spent fuel and radioactive waste management from generation to disposal. It should be possible for such national programmes to be in the form of a single reference document or a set of documents. (29) It is understood that national arrangements for the safety of spent fuel and radioactive waste management will be applied through some form of legal, regulatory or organisational instrument, the choice of which rests within the competence of the Member States. (30) The different steps in spent fuel and radioactive waste management are closely interrelated. Decisions taken in one individual step may affect a subsequent step. Therefore such interdependencies should be taken into account when developing national programmes. (31) Transparency is important in the management of spent fuel and radioactive waste. Transparency should be provided by ensuring effective public information and opportunities for all stakeholders concerned, including local authorities and the public, to participate in the decision-making processes in accordance with national and international obligations. (32) Cooperation between Member States and at an international level could facilitate and accelerate decision-making through access to expertise and technology. (33) Some Member States consider that the sharing of facilities for spent fuel and radioactive waste management, including disposal facilities, is a potentially beneficial, safe and cost-effective option when based on an agreement between the Member States concerned. (34) The documentation of the decision-making process as it relates to safety should be commensurate with the levels of risk (graded approach) and should provide a basis for decisions related to the management of spent fuel and radioactive waste. This should enable the identification of areas of uncertainty on which attention needs to be focused in an assessment of safety. Safety decisions should be based on the findings of an assessment of safety and information on the robustness and reliability of that assessment and the assumptions made therein. The decision-making process should therefore be based on a collection of arguments and evidence that seek to demonstrate that the required standard of safety is achieved for a facility or activity related to the management of spent fuel and radioactive waste. In the particular case of a disposal facility, the documentation should improve understanding of those aspects influencing the safety of the disposal system, including natural (geological) and engineered barriers, and the expected development of the disposal system over time. (35) A Member State which has no spent fuel, no immediate prospect of having spent fuel and no present or planned activities related to spent fuel, would be under a disproportionate and unnecessary obligation if it had to transpose and implement the provisions of this Directive with regard to spent fuel. Therefore, such Member States should be exempted, for as long as they have not taken a decision to develop any activity related to nuclear fuel, from the obligation to transpose and implement the provisions related to spent fuel of this Directive. (36) A Treaty between the government of the Republic of Slovenia and the government of the Republic of Croatia on the regulation of the status and other legal relations regarding investment, exploitation and decommissioning of the Krško nuclear power plant governs the co-ownership of a nuclear power plant. That Treaty provides for shared responsibility for the management and disposal of radioactive waste and spent fuel. Therefore an exemption to certain provisions of this Directive should be laid down in order not to hinder the full implementation of that bilateral Treaty. (37) While recognising that radiological and non-radiological hazards associated with spent fuel and radioactive waste should be taken into account in the national framework, this Directive does not cover non-radiological hazards, which fall under the Treaty on the Functioning of the European Union. (38) Maintenance and further development of competences and skills in the management of spent fuel and radioactive waste, as an essential element to ensure high levels of safety, should be based on learning through operational experience. (39) Scientific research and technological development supported by technical cooperation between actors may open horizons to improve the safe management of spent fuel and radioactive waste, as well as contribute to reducing the risk of the radiotoxicity of high-level waste. (40) Peer review could serve as an excellent means of building confidence and trust in the management of radioactive waste and spent fuel in the European Union, with the aim of developing and exchanging experience and ensuring high standards, HAS ADOPTED THIS DIRECTIVE: CHAPTER 1 SCOPE, DEFINITIONS AND GENERAL PRINCIPLES Article 1 Subject-matter 1. This Directive establishes a Community framework for ensuring responsible and safe management of spent fuel and radioactive waste to avoid imposing undue burdens on future generations. 2. It ensures that Member States provide for appropriate national arrangements for a high level of safety in spent fuel and radioactive waste management to protect workers and the general public against the dangers arising from ionising radiation. 3. It ensures the provision of necessary public information and participation in relation to spent fuel and radioactive waste management while having due regard to security and proprietary information issues. 4. Without prejudice to Directive 96/29/Euratom, this Directive supplements the basic standards referred to in Article 30 of the Euratom Treaty as regards the safety of spent fuel and radioactive waste. Article 2 Scope 1. This Directive shall apply to all stages of: (a) spent fuel management when the spent fuel results from civilian activities; (b) radioactive waste management, from generation to disposal, when the radioactive waste results from civilian activities. 2. This Directive shall not apply to: (a) waste from extractive industries which may be radioactive and which falls within the scope of Directive 2006/21/EC; (b) authorised releases. 3. Article 4(4) of this Directive shall not apply to: (a) repatriation of disused sealed sources to a supplier or manufacturer; (b) shipment of spent fuel of research reactors to a country where research reactor fuels are supplied or manufactured, taking into account applicable international agreements; (c) the waste and spent fuel of the existing Krško nuclear power plant, when it concerns shipments between Slovenia and Croatia. 4. This Directive shall not affect the right of a Member State or an undertaking in that Member State to return radioactive waste after processing to its country of origin where: (a) the radioactive waste is to be shipped to that Member State or undertaking for processing; or (b) other material is to be shipped to that Member State or undertaking with the purpose of recovering the radioactive waste. This Directive shall not affect the right of a Member State or an undertaking in that Member State to which spent fuel is to be shipped for treatment or reprocessing to return to its country of origin radioactive waste recovered from the treatment or reprocessing operation, or an agreed equivalent. Article 3 Definitions For the purpose of this Directive the following definitions shall apply: (1) ‘closure’ means the completion of all operations at some time after the emplacement of spent fuel or radioactive waste in a disposal facility, including the final engineering or other work required to bring the facility to a condition that will be safe in the long term; (2) ‘competent regulatory authority’ means an authority or a system of authorities designated in a Member State in the field of regulation of the safety of spent fuel or radioactive waste management as referred to in Article 6; (3) ‘disposal’ means the emplacement of spent fuel or radioactive waste in a facility without the intention of retrieval; (4) ‘disposal facility’ means any facility or installation the primary purpose of which is radioactive waste disposal; (5) ‘licence’ means any legal document granted under the jurisdiction of a Member State to carry out any activity related to the management of spent fuel or radioactive waste, or to confer responsibility for siting, design, construction, commissioning, operation, decommissioning or closure of a spent fuel management facility or of a radioactive waste management facility; (6) ‘licence holder’ means a legal or natural person having overall responsibility for any activity or facility related to the management of spent fuel or radioactive waste as specified in a licence; (7) ‘radioactive waste’ means radioactive material in gaseous, liquid or solid form for which no further use is foreseen or considered by the Member State or by a legal or natural person whose decision is accepted by the Member State, and which is regulated as radioactive waste by a competent regulatory authority under the legislative and regulatory framework of the Member State; (8) ‘radioactive waste management’ means all activities that relate to handling, pretreatment, treatment, conditioning, storage, or disposal of radioactive waste, excluding off-site transportation; (9) ‘radioactive waste management facility’ means any facility or installation the primary purpose of which is radioactive waste management; (10) ‘reprocessing’ means a process or operation, the purpose of which is to extract fissile and fertile materials from spent fuel for further use; (11) ‘spent fuel’ means nuclear fuel that has been irradiated in and permanently removed from a reactor core; spent fuel may either be considered as a usable resource that can be reprocessed or be destined for disposal if regarded as radioactive waste; (12) ‘spent fuel management’ means all activities that relate to the handling, storage, reprocessing, or disposal of spent fuel, excluding off-site transportation; (13) ‘spent fuel management facility’ means any facility or installation the primary purpose of which is spent fuel management; (14) ‘storage’ means the holding of spent fuel or of radioactive waste in a facility with the intention of retrieval. Article 4 General principles 1. Member States shall establish and maintain national policies on spent fuel and radioactive waste management. Without prejudice to Article 2(3), each Member State shall have ultimate responsibility for management of the spent fuel and radioactive waste generated in it. 2. Where radioactive waste or spent fuel is shipped for processing or reprocessing to a Member State or a third country, the ultimate responsibility for the safe and responsible disposal of those materials, including any waste as a by-product, shall remain with the Member State or third country from which the radioactive material was shipped. 3. National policies shall be based on all of the following principles: (a) the generation of radioactive waste shall be kept to the minimum which is reasonably practicable, both in terms of activity and volume, by means of appropriate design measures and of operating and decommissioning practices, including the recycling and reuse of materials; (b) the interdependencies between all steps in spent fuel and radioactive waste generation and management shall be taken into account; (c) spent fuel and radioactive waste shall be safely managed, including in the long term with passive safety features; (d) implementation of measures shall follow a graded approach; (e) the costs for the management of spent fuel and radioactive waste shall be borne by those who generated those materials; (f) an evidence-based and documented decision-making process shall be applied with regard to all stages of the management of spent fuel and radioactive waste. 4. Radioactive waste shall be disposed of in the Member State in which it was generated, unless at the time of shipment an agreement, taking into account the criteria established by the Commission in accordance with Article 16(2) of Directive 2006/117/Euratom, has entered into force between the Member State concerned and another Member State or a third country to use a disposal facility in one of them. Prior to a shipment to a third country, the exporting Member State shall inform the Commission of the content of any such agreement and take reasonable measures to be assured that: (a) the country of destination has concluded an agreement with the Community covering spent fuel and radioactive waste management or is a party to the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management (‘the Joint Convention’); (b) the country of destination has radioactive waste management and disposal programmes with objectives representing a high level of safety equivalent to those established by this Directive; and (c) the disposal facility in the country of destination is authorised for the radioactive waste to be shipped, is operating prior to the shipment, and is managed in accordance with the requirements set down in the radioactive waste management and disposal programme of that country of destination. CHAPTER 2 OBLIGATIONS Article 5 National framework 1. Member States shall establish and maintain a national legislative, regulatory and organisational framework (‘national framework’) for spent fuel and radioactive waste management that allocates responsibility and provides for coordination between relevant competent bodies. The national framework shall provide for all of the following: (a) a national programme for the implementation of spent fuel and radioactive waste management policy; (b) national arrangements for the safety of spent fuel and radioactive waste management. The determination of how those arrangements are to be adopted and through which instrument they are to be applied rests within the competence of the Member States; (c) a system of licensing of spent fuel and radioactive waste management activities, facilities or both, including the prohibition of spent fuel or radioactive waste management activities, of the operation of a spent fuel or radioactive waste management facility without a licence or both and, if appropriate, prescribing conditions for further management of the activity, facility or both; (d) a system of appropriate control, a management system, regulatory inspections, documentation and reporting obligations for radioactive waste and spent fuel management activities, facilities or both, including appropriate measures for the post-closure periods of disposal facilities; (e) enforcement actions, including the suspension of activities and the modification, expiration or revocation of a licence together with requirements, if appropriate, for alternative solutions that lead to improved safety; (f) the allocation of responsibility to the bodies involved in the different steps of spent fuel and radioactive waste management; in particular, the national framework shall give primary responsibility for the spent fuel and radioactive waste to their generators or, under specific circumstances, to a licence holder to whom this responsibility has been entrusted by competent bodies; (g) national requirements for public information and participation; (h) the financing scheme(s) for spent fuel and radioactive waste management in accordance with Article 9. 2. Member States shall ensure that the national framework is improved where appropriate, taking into account operating experience, insights gained from the decision-making process referred to in Article 4(3)(f), and the development of relevant technology and research. Article 6 Competent regulatory authority 1. Each Member State shall establish and maintain a competent regulatory authority in the field of safety of spent fuel and radioactive waste management. 2. Member States shall ensure that the competent regulatory authority is functionally separate from any other body or organisation concerned with the promotion or utilisation of nuclear energy or radioactive material, including electricity production and radioisotope applications, or with the management of spent fuel and radioactive waste, in order to ensure effective independence from undue influence on its regulatory function. 3. Member States shall ensure that the competent regulatory authority is given the legal powers and human and financial resources necessary to fulfil its obligations in connection with the national framework as described in Article 5(1)(b), (c), (d) and (e). Article 7 Licence holders 1. Member States shall ensure that the prime responsibility for the safety of spent fuel and radioactive waste management facilities and/or activities rest with the licence holder. That responsibility can not be delegated. 2. Member States shall ensure that the national framework in place require licence holders, under the regulatory control of the competent regulatory authority, to regularly assess, verify and continuously improve, as far as is reasonably achievable, the safety of the radioactive waste and spent fuel management facility or activity in a systematic and verifiable manner. This shall be achieved through an appropriate safety assessment, other arguments and evidence. 3. As part of the licensing of a facility or activity the safety demonstration shall cover the development and operation of an activity and the development, operation and decommissioning of a facility or closure of a disposal facility as well as the post-closure phase of a disposal facility. The extent of the safety demonstration shall be commensurate with the complexity of the operation and the magnitude of the hazards associated with the radioactive waste and spent fuel, and the facility or activity. The licensing process shall contribute to safety in the facility or activity during normal operating conditions, anticipated operational occurrences and design basis accidents. It shall provide the required assurance of safety in the facility or activity. Measures shall be in place to prevent accidents and mitigate the consequences of accidents, including verification of physical barriers and the licence holder’s administrative protection procedures that would have to fail before workers and the general public would be significantly affected by ionising radiation. That approach shall identify and reduce uncertainties. 4. Member States shall ensure that the national framework require licence holders to establish and implement integrated management systems, including quality assurance, which give due priority for overall management of spent fuel and radioactive waste to safety and are regularly verified by the competent regulatory authority. 5. Member States shall ensure that the national framework require licence holders to provide for and maintain adequate financial and human resources to fulfil their obligations with respect to the safety of spent fuel and radioactive waste management as laid down in paragraphs 1 to 4. Article 8 Expertise and skills Member States shall ensure that the national framework require all parties to make arrangements for education and training for their staff, as well as research and development activities to cover the needs of the national programme for spent fuel and radioactive waste management in order to obtain, maintain and to further develop necessary expertise and skills. Article 9 Financial resources Member States shall ensure that the national framework require that adequate financial resources be available when needed for the implementation of national programmes referred to in Article 11, especially for the management of spent fuel and radioactive waste, taking due account of the responsibility of spent fuel and radioactive waste generators. Article 10 Transparency 1. Member States shall ensure that necessary information on the management of spent fuel and radioactive waste be made available to workers and the general public. This obligation includes ensuring that the competent regulatory authority inform the public in the fields of its competence. Information shall be made available to the public in accordance with national legislation and international obligations, provided that this does not jeopardise other interests such as, inter alia, security, recognised in national legislation or international obligations. 2. Member States shall ensure that the public be given the necessary opportunities to participate effectively in the decision-making process regarding spent fuel and radioactive waste management in accordance with national legislation and international obligations. Article 11 National programmes 1. Each Member State shall ensure the implementation of its national programme for the management of spent fuel and radioactive waste (‘national programme’), covering all types of spent fuel and radioactive waste under its jurisdiction and all stages of spent fuel and radioactive waste management from generation to disposal. 2. Each Member State shall regularly review and update its national programme, taking into account technical and scientific progress as appropriate as well as recommendations, lessons learned and good practices from peer reviews. Article 12 Contents of national programmes 1. The national programmes shall set out how the Member States intend to implement their national policies referred to in Article 4 for the responsible and safe management of spent fuel and radioactive waste to secure the aims of this Directive, and shall include all of the following: (a) the overall objectives of the Member State’s national policy in respect of spent fuel and radioactive waste management; (b) the significant milestones and clear timeframes for the achievement of those milestones in light of the over-arching objectives of the national programme; (c) an inventory of all spent fuel and radioactive waste and estimates for future quantities, including those from decommissioning, clearly indicating the location and amount of the radioactive waste and spent fuel in accordance with appropriate classification of the radioactive waste; (d) the concepts or plans and technical solutions for spent fuel and radioactive waste management from generation to disposal; (e) the concepts or plans for the post-closure period of a disposal facility’s lifetime, including the period during which appropriate controls are retained and the means to be employed to preserve knowledge of that facility in the longer term; (f) the research, development and demonstration activities that are needed in order to implement solutions for the management of spent fuel and radioactive waste; (g) the responsibility for the implementation of the national programme and the key performance indicators to monitor progress towards implementation; (h) an assessment of the national programme costs and the underlying basis and hypotheses for that assessment, which must include a profile over time; (i) the financing scheme(s) in force; (j) a transparency policy or process as referred to in Article 10; (k) if any, the agreement(s) concluded with a Member State or a third country on management of spent fuel or radioactive waste, including on the use of disposal facilities. 2. The national programme together with the national policy may be contained in a single document or in a number of documents. Article 13 Notification 1. Member States shall notify to the Commission their national programmes and any subsequent significant changes. 2. Within 6 months of the date of notification, the Commission may request clarification and/or express its opinion on whether the content of the national programme is in accordance with Article 12. 3. Within 6 months of receiving the Commission’s reaction Member States shall provide the requested clarification and/or inform the Commission of any revision of the national programmes. 4. The Commission, when deciding on the provision of Community financial or technical assistance for spent fuel and radioactive waste management facilities or activities, shall take into account the Member States’ clarifications and progress regarding the national programmes. Article 14 Reporting 1. Member States shall submit a report to the Commission on the implementation of this Directive for the first time by 23 August 2015, and every 3 years thereafter, taking advantage of the review and reporting under the Joint Convention. 2. On the basis of the Member States’ reports, the Commission shall submit to the European Parliament and the Council the following: (a) a report on progress made with the implementation of this Directive; and (b) an inventory of radioactive waste and spent fuel present in the Community’s territory and the future prospects. 3. Member States shall periodically, and at least every 10 years, arrange for self-assessments of their national framework, competent regulatory authority, national programme and its implementation, and invite international peer review of their national framework, competent regulatory authority and/or national programme with the aim of ensuring that high safety standards are achieved in the safe management of spent fuel and radioactive waste. The outcomes of any peer review shall be reported to the Commission and the other Member States, and may be made available to the public where there is no conflict with security and proprietary information. CHAPTER 3 FINAL PROVISIONS Article 15 Transposition 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 23 August 2013. They shall forthwith inform the Commission thereof. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States. 2. The obligations for transposition and implementation of provisions related to spent fuel of this Directive shall not apply to Cyprus, Denmark, Estonia, Ireland, Latvia, Luxembourg and Malta for as long as they decide not to develop any activity related to nuclear fuel. 3. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive and of any subsequent amendments to those provisions. 4. Member States shall for the first time notify to the Commission the content of their national programme covering all the items provided for in Article 12 as soon as possible, but not later than 23 August 2015. Article 16 Entry into force This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union. Article 17 Addressees This Directive is addressed to the Member States. Done at Brussels, 19 July 2011. For the Council The President M. SAWICKI (1) Opinion of 4 May 2011 (not yet published in the Official Journal). (2) Opinion of 23 June 2011 (not yet published in the Official Journal). (3) OJ L 159, 29.6.1996, p. 1. (4) C-187/87 (1988 ECR p.5013) and C-29/99 (2002 ECR p. I-11221). (5) OJ L 371, 30.12.1987, p. 76. (6) OJ L 357, 7.12.1989, p. 31. (7) OJ L 346, 31.12.2003, p. 57. (8) OJ L 102, 11.4.2006, p. 15. (9) OJ L 337, 5.12.2006, p. 21. (10) OJ L 338, 17.12.2008, p. 69. (11) OJ L 172, 2.7.2009, p. 18. (12) OJ L 156, 25.6.2003, p. 17. (13) OJ L 197, 21.7.2001, p. 30. (14) OJ L 330, 28.11.2006, p. 31. (15) OJ L 195, 17.7.2007, p. 44.

Summary: Radioactive waste & spent fuel - safety rules Radioactive waste & spent fuel - safety rules Directive 2011/70 - safe management of nuclear waste ACT Council Directive 2011/70/Euratom of 19 July 2011 establishing a Community framework for the responsible and safe management of spent fuel and radioactive waste SUMMARY WHAT DOES THE DIRECTIVE DO? It lays down: — principles to guide national policies on radioactive waste and spent fuel from civilian nuclear activities, — the scope of national legislative, regulatory and organisational frameworks, — rules on disposal. KEY POINTS The directive requires EU countries’ national policies on radioactive waste and spent fuel to be based on the following principles: — the amounts generated must be kept as low as possible, — all steps in generation and management are interdependent, — safety as a priority, — generators must bear the full cost of all safety requirements, — all decision-making processes must be documented. Each EU country is responsible for managing its own radioactive waste and spent fuel. Each must implement a national legislative, regulatory and organisational framework for such material that includes: — a national management programme, — safety management measures, — a licensing system for management activities, — measures to enforce the safety requirements, — assigned responsibilities for the different stages of management, — public information and participation, — adequate financing. National management programme This must include details of: — overall policy objectives with clear time-frames, — an inventory of spent fuel and radioactive waste, with estimates for future quantities, — plans for the post-closure period of a disposal facility, — assigned responsibilities for programme implementation, — assessment of the costs of implementing a national programme, — financing scheme(s), — agreements concluded with other countries (inside or outside the EU), — a transparent information policy. Regulatory authority This must function separately from producers and promoters of radioactive material and nuclear energy. Licence system Companies that handle nuclear waste must apply for a licence to do so. They then hold primary responsibility for its safe management. To get a licence, a company must demonstrate that it can: — safely set up, operate and decommission a nuclear facility, — ensure that the post-closure phase of a facility is safe. Periodic reviews Every 10 years, each country must organise self-assessments and an international peer review of their national framework, regulatory authority and/or national programme, to ensure they all meet high safety standards. Disposal Radioactive waste must be disposed of in the country where it was generated, unless there are agreements with other countries. If waste is shipped to a country outside the EU, responsibility for safety still rests with the EU country that generated it. That country must ensure that the country receiving the waste: — has an agreement with the EU on how to properly handle radioactive waste/ spent fuel, — has waste management and disposal programmes that comply with this directive’s safety standards, — has authorised facilities in operation before the material is shipped. WHEN DOES THE DIRECTIVE APPLY? From 22 August 2011. BACKGROUND — Radioactive waste and spent fuel - EU rules REFERENCE Act Entry into force Deadline for transposition in the Member States Official Journal Directive 2011/70/Euratom 22.8.2011 23.8.2013 OJ L 199, 2.8.2011, pp. 48-56 last update 16.09.2015


22.11.2011 EN Official Journal of the European Union L 303/1 DECISION No 1194/2011/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 November 2011 establishing a European Union action for the European Heritage Label THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 167(5), first indent, thereof, Having regard to the proposal from the European Commission, After transmission of the draft legislative act to the national parliaments, Having regard to the opinion of the Committee of the Regions (1), Acting in accordance with the ordinary legislative procedure (2), Whereas: (1) The Treaty on the Functioning of the European Union (TFEU) aims at an ever closer union among the peoples of Europe and confers on the Union the task, inter alia, of contributing to the flowering of the cultures of the Member States, while respecting their national and regional diversity and at the same time bringing the common cultural heritage to the fore. In this respect, the Union, where necessary, supports and supplements Member States’ action to improve the knowledge and dissemination of the culture and history of the European peoples. (2) A better understanding and appreciation, especially among young people, of their shared yet diverse heritage would help to strengthen the sense of belonging to the Union and reinforce intercultural dialogue. It is therefore important to promote greater access to cultural heritage and to enhance its European dimension. (3) The TFEU also establishes citizenship of the Union, which complements national citizenship of the respective Member States and is an important element in safeguarding and strengthening the process of European integration. For citizens to give their full support to European integration, greater emphasis should be placed on their common values, history and culture as key elements of their membership of a society founded on the principles of freedom, democracy, respect for human rights, cultural and linguistic diversity, tolerance and solidarity. (4) An intergovernmental European Heritage Label initiative (‘intergovernmental initiative’) was launched on 28 April 2006 in Granada, Spain. (5) On 20 November 2008, the Council adopted conclusions (3) aimed at transforming the intergovernmental initiative into a Union action (‘action’) by inviting the Commission to submit to it a proposal for the creation by the Union of a European Heritage Label (‘label’) and to specify the practical procedures for the implementation of the project. (6) The public consultation and the impact assessment carried out by the Commission confirmed the value of the intergovernmental initiative but indicated that it needed to be further developed to reach its full potential, and that the involvement of the Union could provide it with a clear added value and help it to take a qualitative step forward. (7) The label should benefit from the experience gained from the intergovernmental initiative. (8) The label should seek added value and complementarity with regard to other initiatives such as the Unesco World Heritage List, the Unesco Representative List of the Intangible Cultural Heritage of Humanity and the Council of Europe’s European Cultural Routes. Its added value should be based on the contribution made by the selected sites to European history and culture, including the building of the Union, on a clear educational dimension reaching out to citizens, especially young people, and on networking between the sites to share experiences and best practices. The main focus of the action should be on the promotion of and access to the sites as well as on the quality of the information and activities offered, as opposed to the preservation of the sites, which should be guaranteed by existing protection regimes. (9) In addition to strengthening European citizens’ sense of belonging to the Union and stimulating intercultural dialogue, the action could also contribute to enhancing the value and profile of cultural heritage, to increasing the role of heritage in the economic and sustainable development of regions, in particular through cultural tourism, to fostering synergies between cultural heritage and contemporary creation and creativity and, more generally, to promoting the democratic values and human rights that underpin European integration. (10) Those objectives are fully in line with the objectives set out in the Commission communication entitled ‘A European agenda for culture in a globalizing world’, which include the promotion of cultural diversity and intercultural dialogue as well as of culture as a catalyst for creativity. (11) It is crucial that the label be awarded on the basis of common, clear and transparent criteria and procedures, including during the first two selection years when transitional provisions should apply. (12) The procedure for the selection of sites under the action should be carried out in two stages. Sites should initially be pre-selected at national level. Whenever relevant, Member States could involve local and regional authorities. The selection should then take place at Union level. Each site awarded the label should be monitored in order to ensure continued compliance with the criteria as laid down for the label. (13) In the course of the first evaluation of the action, the widening of its geographical scope should be examined. (14) Where there is a clear thematic link between several sites located in one Member State, the action should allow for joint applications. Such joint applications should comprise a reasonable number of participating sites and demonstrate a European added value compared to individual applications in respect of the same sites. (15) Similarly, by reason of the transnational dimension of certain sites, the action should allow for joint applications both in the case of sites which are located in different Member States but focus on one specific theme and in the case of a site located on the territory of at least two Member States. (16) In order to ensure uniform conditions for the implementation of this Decision and, in particular, the provisions concerning the designation of sites to be awarded the label, the withdrawal of the label and the formalisation of the renunciation of the label, implementing powers should be conferred on the Commission. (17) The administrative arrangements for the label should be light and flexible, in accordance with the principle of subsidiarity. (18) Since the objectives of this Decision cannot be sufficiently achieved by the Member States by reason of the need, in particular, for new common, clear and transparent criteria and procedures for the label, as well as for stronger coordination between the Member States, and can therefore be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives, HAVE ADOPTED THIS DECISION: Article 1 Establishment A European Union action (‘action’) entitled ‘European Heritage Label’ (‘label’) is hereby established. Article 2 Definitions For the purposes of this Decision, the following definitions shall apply: (1) ‘sites’ means monuments, natural, underwater, archaeological, industrial or urban sites, cultural landscapes, places of remembrance, cultural goods and objects and intangible heritage associated with a place, including contemporary heritage; (2) ‘transnational site’ means: (a) several sites, located in different Member States, which focus on one specific theme in order to submit a joint application; or (b) one site located on the territory of at least two Member States; (3) ‘national thematic site’ means several sites, located in the same Member State, which focus on one specific theme in order to submit a joint application. Article 3 Objectives 1. The action shall contribute to the following general objectives: (a) strengthening European citizens’ sense of belonging to the Union, in particular that of young people, based on shared values and elements of European history and cultural heritage, as well as an appreciation of national and regional diversity; (b) strengthening intercultural dialogue. 2. In order to achieve the objectives set out in paragraph 1, the action shall seek to attain the following intermediate objectives: (a) stressing the symbolic value and raising the profile of sites which have played a significant role in the history and culture of Europe and/or the building of the Union; (b) increasing European citizens’ understanding of the history of Europe and the building of the Union, and of their common yet diverse cultural heritage, especially in relation to the democratic values and human rights that underpin the process of European integration. 3. The sites themselves shall seek to attain the following specific objectives: (a) highlighting their European significance; (b) raising European citizens’ awareness of their common cultural heritage, especially that of young people; (c) facilitating the sharing of experiences and exchanges of best practices across the Union; (d) increasing and/or improving access for all, especially young people; (e) increasing intercultural dialogue, especially among young people, through artistic, cultural and historical education; (f) fostering synergies between cultural heritage on one hand and contemporary creation and creativity on the other; (g) contributing to the attractiveness and the economic and sustainable development of regions, in particular through cultural tourism. Article 4 Participation in the action The action shall be open to the participation, on a voluntary basis, of the Member States. Article 5 Added value and complementarity of the action with other initiatives The Commission and the Member States shall ensure the added value and complementarity of the action with regard to other initiatives in the field of cultural heritage such as the Unesco World Heritage List, the Unesco Representative List of the Intangible Cultural Heritage of Humanity and the Council of Europe’s European Cultural Routes. Article 6 Eligibility Sites within the meaning of Article 2 shall be eligible for the attribution of the label. Article 7 Criteria 1. The attribution of the label shall be based on the following criteria (‘criteria’): (a) Candidate sites for the label must have a symbolic European value and must have played a significant role in the history and culture of Europe and/or the building of the Union. They must therefore demonstrate one or more of the following: (i) their cross-border or pan-European nature: how their past and present influence and attraction go beyond the national borders of a Member State; (ii) their place and role in European history and European integration, and their links with key European events, personalities or movements; (iii) their place and role in the development and promotion of the common values that underpin European integration. (b) Candidate sites for the label must submit a project, the implementation of which is to begin by the end of the designation year at the latest, which includes all of the following elements: (i) raising awareness of the European significance of the site, in particular through appropriate information activities, signposting and staff training; (ii) organising educational activities, especially for young people, which increase the understanding of the common history of Europe and of its shared yet diverse heritage and which strengthen the sense of belonging to a common space; (iii) promoting multilingualism and facilitating access to the site by using several languages of the Union; (iv) taking part in the activities of networks of sites awarded the label in order to exchange experiences and initiate common projects; (v) raising the profile and attractiveness of the site on a European scale, inter alia, by using the possibilities offered by new technologies and digital and interactive means and by seeking synergies with other European initiatives. The organisation of artistic and cultural activities which foster the mobility of European culture professionals, artists and collections, stimulate intercultural dialogue and encourage linkage between heritage and contemporary creation and creativity is to be welcomed whenever the specific nature of the site allows this. (c) Candidate sites for the label must submit a work plan which includes all of the following elements: (i) ensuring the sound management of the site, including defining objectives and indicators; (ii) ensuring the preservation of the site and its transmission to future generations in accordance with the relevant protection regimes; (iii) ensuring the quality of the reception facilities such as the historical presentation, visitors’ information and signposting; (iv) ensuring access for the widest possible public, inter alia, through site adaptations or staff training; (v) according special attention to young people, in particular by granting them privileged access to the site; (vi) promoting the site as a sustainable tourism destination; (vii) developing a coherent and comprehensive communication strategy highlighting the European significance of the site; (viii) ensuring that the management of the site is as environmentally friendly as possible. 2. As regards the criteria laid down in points (b) and (c) of paragraph 1, each site shall be assessed in a proportionate manner, taking into account its characteristics. Article 8 European panel 1. A European panel of independent experts (‘European panel’) shall be established to carry out the selection and monitoring at Union level. It shall ensure that the criteria are properly applied by the sites across the Member States. 2. The European panel shall consist of 13 members, four of whom shall be appointed by the European Parliament, four by the Council, four by the Commission and one by the Committee of the Regions, in accordance with their respective procedures. The European panel shall designate its chairperson. 3. The members of the European panel shall be independent experts with substantial experience and expertise in the fields relevant to the objectives of the action. Each institution and body shall seek to ensure that the competences of the experts it appoints are as complementary as possible, and that those experts are drawn from a balanced geographical spectrum. 4. The members of the European panel shall be appointed for three years. However, in 2012 four experts shall be appointed by the European Parliament for two years, four by the Council for three years, four by the Commission for one year and one by the Committee of the Regions for three years. 5. The members of the European panel shall declare any actual or potential conflict of interest in respect of a specific site. In the event of such a declaration by a member, or if such a conflict of interest comes to light, that member shall not participate in the evaluation of the site or of any other sites from the Member State(s) concerned. 6. All reports, recommendations and notifications of the European panel shall be made public by the Commission. Article 9 Application form With a view to keeping procedures as streamlined and light as possible, a common application form (‘application form’) based on the criteria shall be prepared by the Commission and used by all candidate sites. Article 10 Pre-selection at national level 1. The pre-selection of sites for the attribution of the label shall be under the responsibility of the Member States. 2. Each Member State may pre-select up to two sites every two years. 3. The pre-selection shall be based on the criteria and on the application form. 4. Each participating Member State shall establish its own procedures and its own calendar for the pre-selection in accordance with the principle of subsidiarity, striving for administrative arrangements that are as light and flexible as possible. It shall transmit the application forms in respect of the pre-selected sites to the Commission by 1 March of the year of the selection procedure, in accordance with the calendar set out in the Annex. 5. The Commission shall publish the full list of pre-selected sites and shall inform the European Parliament, the Council and the Committee of the Regions thereof without delay after the finalisation of the pre-selection stage, so that the European Parliament, the Council, the Committee of the Regions, the Member States or any other person or entity may submit to the Commission any observation which could have an impact on the selection of those sites. Article 11 Selection at Union level 1. The selection of sites for the attribution of the label shall be carried out by the European panel under the responsibility of the Commission. 2. The European panel shall evaluate the applications relating to the pre-selected sites and shall select a maximum of one site per Member State. If necessary, further information may be requested and visits to the sites may be organised. 3. The selection shall be based on the criteria and on the application form. The European panel shall also take duly into account the observations referred to in Article 10(5). 4. The European panel shall issue a report on the pre-selected sites and transmit it to the Commission at the latest by the end of the year of the selection procedure. That report shall include a recommendation for the attribution of the label and provide an accompanying explanation for its conclusions regarding those sites which are selected and those which are not. The Commission shall forward that report without delay to the European Parliament, the Council and the Committee of the Regions for information. 5. Candidate sites which are not selected may submit new applications for pre-selection at national level in the following years. Article 12 Transnational sites 1. In order for a transnational site to be eligible for the attribution of the label, it shall comply with all of the following conditions: (a) full compliance with the criteria by each participating site; (b) designation of one of the participating sites as the coordinator, which will be the single contact point for the Commission; (c) application under a common name; (d) where appropriate, demonstration of a clear thematic link. 2. Applications in respect of transnational sites shall follow the same procedure as that for other sites. Following consultation among the participating sites with the involvement of relevant national authorities, each participating site shall complete an application form and send it to the coordinator. Transnational sites shall be pre-selected by the Member State of the coordinator within the numerical limits of sites laid down in Article 10(2) and proposed on behalf of all the Member States concerned after those Member States have agreed thereon. 3. When a transnational site is selected, the label shall be awarded to the transnational site as a whole and under the common name. 4. If a transnational site meets all the criteria, priority shall be given to that site during the selection. Article 13 National thematic sites 1. In order for a national thematic site to be eligible for the attribution of the label, it shall comply with all of the following conditions: (a) demonstration of the European added value of a joint application compared to individual applications; (b) demonstration of a clear thematic link; (c) full compliance with the criteria by each participating site; (d) designation of one of the participating sites as the coordinator, which will be the single contact point for the Commission; (e) application under a common name. 2. Applications in respect of national thematic sites shall follow the same procedure as that for other sites. Each participating site shall complete an application form and send it to the coordinator. National thematic sites shall be pre-selected by the Member State concerned within the numerical limits of sites laid down in Article 10(2). 3. When a national thematic site is selected, the label shall be awarded to the national thematic site as a whole and under the common name. Article 14 Designation 1. The Commission shall designate the sites to be awarded the label, having due regard to the recommendation of the European panel. The Commission shall inform the European Parliament, the Council and the Committee of the Regions of its designation. 2. The label shall be awarded on a permanent basis, subject to the conditions laid down in Article 15 and to the continuation of the action and without prejudice to Article 16. Article 15 Monitoring 1. Each site awarded the label shall be monitored on a regular basis in order to ensure that it continues to meet the criteria and that it respects the project and work plan submitted in its application. 2. The Member States shall be responsible for the monitoring of all sites located on their respective territory. The monitoring of a transnational site shall be the responsibility of the Member State of the coordinator. 3. The Member States shall collect all the necessary information and prepare a report every four years in accordance with the calendar set out in the Annex. The Member States shall send the report to the Commission by 1 March of the year of the monitoring procedure. The Commission shall submit the report to the European panel for examination. 4. The European panel shall issue a report on the state of the sites awarded the label by the end of the year of the monitoring procedure, including if necessary recommendations to be taken into account for the following monitoring period. 5. The Commission shall establish, in cooperation with the European panel, common indicators for the Member States to ensure a coherent approach to the monitoring procedure. Article 16 Withdrawal or renunciation of the label 1. If the European panel establishes that a site no longer meets the criteria or that it no longer respects the project and work plan submitted in its application, it shall initiate a dialogue with the Member State concerned via the Commission, with a view to facilitating the necessary adjustments to the site. 2. If, 18 months after the beginning of the dialogue, the necessary adjustments have not been made to the site, the European panel shall notify the Commission of that fact. The notification shall be accompanied by a statement of reasons and shall include practical recommendations on how to improve the situation. 3. If, 18 months after the notification referred to in paragraph 2, the practical recommendations have not been implemented, the European panel shall issue a recommendation to the Commission for the withdrawal of the label from the relevant site. 4. If the European panel establishes that a site participating in a transnational site or a national thematic site no longer meets the criteria or that it no longer respects the project and work plan submitted in its application, the procedure set out in paragraphs 1, 2 and 3 shall apply. Withdrawal pursuant to this paragraph shall apply to the transnational site or national thematic site in its entirety. However, in cases where the coherence of the transnational site or national thematic site will not be undermined, the European panel may recommend limiting the withdrawal to the participating site concerned. 5. The Commission shall take the decision to withdraw the label having due regard to the recommendation referred to in paragraph 3. The Commission shall inform the European Parliament, the Council and the Committee of the Regions of the withdrawal. 6. Sites may at any time renounce the label and, in such cases, they shall notify the Member States concerned which shall in turn inform the Commission of the renunciation. The Commission shall formalise the renunciation and inform the European Parliament, the Council and the Committee of the Regions to that effect. Article 17 Practical arrangements 1. The Commission shall implement the action. It shall in particular: (a) ensure the overall coherence and quality of the action; (b) ensure coordination between the Member States and the European panel; (c) in the light of the objectives and criteria, establish guidelines to assist with the selection and monitoring procedures in close cooperation with the European panel; (d) provide support to the European panel. 2. The Commission shall be responsible for communicating information concerning the label and ensuring its visibility at Union level, in particular by setting up and maintaining a specific website. The Commission shall also ensure the creation of a logo for the action. 3. The Commission shall foster networking activities between the sites awarded the label. 4. The actions under paragraphs 2 and 3 of this Article, as well as the costs of the European panel, shall be financed through the financial envelope provided for in Article 20. Article 18 Evaluation 1. The Commission shall ensure the external and independent evaluation of the action. Such evaluation shall take place every six years in accordance with the calendar set out in the Annex and shall examine all elements, including the efficiency of the processes involved in running the action, the number of sites, the impact of the action, the widening of its geographical scope, how it could be improved and whether it should be continued. 2. The Commission shall present a report on the evaluation provided for in paragraph 1 to the European Parliament, the Council and the Committee of the Regions within six months of its finalisation, accompanied, if appropriate, by relevant proposals. Article 19 Transitional provisions 1. Member States which did not participate in the intergovernmental European Heritage Label initiative of 2006 (‘intergovernmental initiative’) may pre-select up to four sites in 2013 for the attribution of the label. 2. Member States which participated in the intergovernmental initiative may pre-select up to four sites in 2014 for the attribution of the label. They may propose sites which were already awarded a label within the intergovernmental initiative. 3. All sites referred to in paragraphs 1 and 2 shall be assessed by the European panel on the basis of the same criteria and follow the same procedure as those for other sites. 4. Where one of the sites referred to in paragraphs 1 and 2 does not meet the criteria or if further information is needed, the European panel shall initiate a dialogue with the Member State concerned via the Commission in order to examine whether the application can be improved before a decision is taken. Visits to the site may be organised if necessary. Article 20 Financial provisions 1. The financial envelope for the implementation of the action during the period from 1 January 2012 to 31 December 2013 is set at EUR 650 000. 2. The annual appropriations shall be authorised by the budgetary authority within the limits of the multiannual financial framework. Article 21 Entry into force This Decision shall enter into force on the day following its publication in the Official Journal of the European Union. Done at Strasbourg, 16 November 2011. For the European Parliament The President J. BUZEK For the Council The President W. SZCZUKA (1) OJ C 267, 1.10.2010, p. 52. (2) Position of the European Parliament of 16 December 2010 (not yet published in the Official Journal) and position of the Council at first reading of 19 July 2011. Position of the European Parliament of 16 November 2011. (3) OJ C 319, 13.12.2008, p. 11. ANNEX Calendar Year 2011 Entry into force of the Decision Preparatory work 2012 Preparatory work 2013 First selection of sites for the Member States which did not participate in the intergovernmental initiative 2014 First selection of sites for the Member States which participated in the intergovernmental initiative 2015 Selection 2016 Monitoring 2017 Selection 2018 Evaluation of the label 2019 Selection 2020 Monitoring 2021 Selection 2022 — 2023 Selection 2024 Monitoring Evaluation of the label 2025 Selection … …

Summary: European Heritage Label European Heritage Label SUMMARY OF: Decision No 1194/2011/EU establishing the European Heritage Label WHAT IS THE AIM OF THE DECISION? It establishes a European Heritage Label awarded to sites located in the EU which have a key role in European history and culture as well as in European integration. KEY POINTS The aim of the European Heritage Label is: to put the spotlight on common European heritage to strengthen citizens’ sense of belonging to the EU; and to reinforce dialogue between cultures. Through cultural tourism in particular, heritage plays a key role in the economic development of European regions, which benefit from a raised profile. The focus on the European symbolic value of the sites and their educational dimension differentiates the European label from the heritage initiatives put in place by Unesco (e.g. World Heritage List or Representative List of the Intangible Cultural Heritage of Humanity) and the Council of Europe. Award criteria The following may apply: monuments; natural, underwater, archaeological, industrial or urban sites; cultural landscapes; places of remembrance; cultural goods and objects(i.e. items possessing artistic, historic, or archaeological value to a particular country); and intangible heritage associated with a place (e.g. oral traditions, rituals, performing arts), including contemporary heritage. Joint applications can be submitted by: transnational sites, located in several EU countries and focused on 1 specific theme; and national thematic sites which include several sites focused on 1 specific theme in the same country. Candidate sites for the label must demonstrate that they fulfil at least one of the following conditions: their transnational or pan-European nature, by showing how their influence and attractiveness extend beyond national borders; their place and role in European history and integration and their relationship with key European events, personalities or movements; their place and role in developing and promoting the common values upon which the EU is built (e.g. the Peace Palace in The Hague, The Netherlands). In addition, candidate sites must submit a project in which they undertake to: raise citizens’ awareness of the European dimension of the site; organise educational activities; encourage multilingualism; participate in networking activities of sites having been awarded the label; and promote the site at European level. A work plan must also be presented and show how the candidates will meet a number of conditions such as streamlined management of the site, guaranteeing its preservation and access for as many people as possible. Selection procedure Preselection of sites is carried out by EU countries that may choose up to two sites every 2 years. The list is then submitted to a European panel of independent experts that selects a maximum of one site per country. Upon the panel’s recommendations, the European Commission designates the sites that are to be awarded the label. The sites are regularly monitored to ensure that they continue to meet the criteria and that they implement their projects and work plans. If this is not the case, the panel can propose adjustments in collaboration with the country concerned. If the necessary measures are not implemented, the Commission may withdraw the label. The first labels were attributed in 2013. FROM WHEN DOES THE DECISION APPLY? It applies since 23 November 2011. BACKGROUND Now a formal EU initiative and part of the Creative Europe programme (2014-2020), the European Heritage Label was first launched in 2006 in the form of an intergovernmental initiative involving 18 EU countries. For more information, see: ‘European Heritage Label’ on the European Commission's website MAIN DOCUMENT Decision No 1194/2011/EU of the European Parliament and of the Council of 16 November 2011 establishing a European Union action for the European Heritage Label (OJ L 303, 22.11.2011, pp. 1-9) last update 04.07.2016


21.7.2011 EN Official Journal of the European Union L 190/87 COMMISSION RECOMMENDATION of 18 July 2011 on access to a basic payment account (Text with EEA relevance) (2011/442/EU) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 thereof, Whereas: (1) Ensuring that consumers have access to payment services in the European Union (hereinafter referred to as ‘the Union’) is essential to enable them to fully benefit from the Single Market and for the Single Market to function properly. At present, the availability of essential payment services is neither ensured by payment service providers nor guaranteed by all Member States in the Union. (2) Existing restrictive eligibility criteria imposed by payment service providers to open payment accounts, beyond what is required by law, may prevent full access to the right of freedom of movement of persons within the Union. Moreover, lack of access to payment accounts prevents consumers from accessing the mainstream financial services market and thereby weakens financial and social inclusion, often to the detriment of the most vulnerable part of the population. It also makes it more difficult for consumers to access essential goods and services. It is therefore necessary to establish principles on access to basic payment accounts which is a key element for promoting social inclusion and cohesion, in order to allow consumers to benefit as a minimum from a common set of essential payment services. (3) It is important to ensure that principles on access to basic payment accounts are applied consistently throughout the Union. However, in order to be more effective, those principles would need to be implemented taking into account the variety of banking habits within the Union. (4) This Recommendation sets out general principles applicable to the provision of basic payment accounts within the Union. (5) This Recommendation should apply in conjunction with Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007 on payment services in the internal market (1). Accordingly, rules on the transparency of conditions and on information regarding payment services should apply to basic payment accounts. (6) The provisions of this Recommendation should not prevent Member States or payment services providers from taking measures justified on legitimate grounds of public security and public order in conformity with Union law. (7) In any Member State, consumers who are legally resident in the Union and who do not hold a payment account in that Member State should be in a position to open and use a basic payment account in that Member State. In order to ensure the widest possible access to basic payment accounts, Member States should ensure that consumers have access to such an account in spite of their financial circumstances, such as unemployment or personal bankruptcy. However, the right to access a basic payment account in any Member State should be granted in conformity with the requirements set out in Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (2), in particular with regard to customer due diligence procedures. (8) Furthermore this Recommendation should be without prejudice to the payment service provider’s obligation to terminate the basic payment account contract in exceptional circumstances under relevant Union or national legislation, such as legislation on money laundering and terrorist financing or on the prevention and investigation of crimes. (9) To ensure the availability of basic payment accounts in light of their specific national circumstances, Member States should be able to designate, based on the principles of transparency, non-discrimination and proportionality, one, several or all payment service providers. The measures to be adopted by Member States in this respect should not create distortions of competition between payment service providers and should be based on the principles of transparency, non-discrimination and proportionality. In this context, Member States should make public the rights enjoyed by and the obligations placed on the providers that are responsible for providing basic payment accounts. (10) In order to ensure transparency and fairness of treatment and in order to allow the consumer to question the payment service provider’s decision, the payment service provider should inform the consumer of the grounds and justification for his refusal of access to a basic payment account. (11) Access to a core range of essential payment services should be guaranteed in any Member State. Services inseparably linked to basic payment accounts should include the facility to deposit and withdraw cash into and from the account. They should enable the consumer to make essential payment transactions such as receiving income or benefits, paying bills or taxes and purchasing goods and services, including via direct debit, credit transfer and the use of a payment card. In order to ensure the fullest financial inclusion possible, such services should allow the purchase of goods and services online where technically possible. They should also give the opportunity to the consumer to initiate payment orders via the payment service provider’s online banking facilities where technically possible. However a basic payment account should not allow the execution of payment orders where such payment orders would result in a negative balance on the account. Access to credit should not be considered as an automatic component of or a right attached to a basic payment account. (12) Where the payment service provider charges the consumer for the opening, operating and closing of the account and for using the services that are inseparably associated to it as defined in this Recommendation, the total amount charged should be reasonable for the consumer and should be such that the consumer, in the light of specific national circumstances, is not prevented from opening the basic payment account and using its associated services. All additional charges to the consumer in the event of non-compliance with any of the terms laid down in the contract should also be reasonable. (13) In order to ensure consistency and efficiency in the implementation of the principle of a reasonable charge, Member States should establish what constitutes a reasonable charge on the basis of the indicative criteria laid down in this Recommendation, which may be considered together. (14) Measures to enhance consumers’ awareness of the availability of basic payment accounts are also necessary in order to promote financial inclusion. General, clear and comprehensible information should therefore be provided to consumers by Member States as well as by payment service providers on the main features and conditions of the use of such accounts as well as on the practical steps that the consumer should follow in exercising the right to open a basic payment account. The consumer should also be informed that the purchase of additional services is not compulsory to access a basic payment account. (15) Compliance with the provisions laid down in this Recommendation requires the processing of consumers’ personal data. Such processing is governed by Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (3), notably its Articles 6, 7, 10, 11, 12 and 17 so as to ensure the fair and lawful processing and the respect of the fundamental right to protection of personal data, in particular with regard to the general requirements of necessity and proportionality, the data subject’s right of access to his own data, the rectification and erasure or blocking of inaccurate data, and its Article 28 regarding the monitoring of compliance with Directive 95/46/EC by independent public data protection authorities. (16) Consumers should have access to effective out-of-court complaint and redress procedures for the settlement of disputes arising from the principles set out in this Recommendation. Existing bodies and schemes, for instance those existing for the settlement of disputes concerning rights and obligations arising under Directive 2007/64/EC, may be used. (17) The implementation of the principles laid down in this Recommendation should be reinforced through supervisory review at the national level. Competent authorities should be empowered to fulfil their monitoring duties efficiently. (18) Member States should have reliable annual statistics at least on the number of basic payment accounts opened, the number of refusals and terminations of basic payment accounts and the charges associated to basic payment accounts. To this end, Member States are invited to use any relevant sources of information. They should communicate this information to the Commission on an annual basis and for the first time by 1 July 2012 at the latest. (19) Member States should be invited to take the necessary measures to ensure the application of this Recommendation at the latest 6 months after its publication. Based on the reporting provided by Member States, the Commission will monitor and assess the measures taken by 1 July 2012. On the basis of this monitoring, the Commission will propose any necessary action, including legislative measures if needed, in order to ensure that the objectives of this Recommendation are fully met, HAS ADOPTED THIS RECOMMENDATION: SECTION I Definitions 1. For the purposes of this Recommendation, the following definitions apply: (a) ‘Consumer’ means any natural person who is acting for purposes other than his trade, business, craft or profession; (b) ‘Payment service provider’ means the payment service provider(s) as defined in Article 4(9) of Directive 2007/64/EC, which is in charge of offering basic payment accounts pursuant to paragraph 3; (c) ‘Payment account’ means an account held in the name of one consumer which is used for the execution of payment transactions; (d) ‘Payment transaction’ means a payment transaction as defined in Article 4(5) of Directive 2007/64/EC; (e) ‘Funds’ means funds as defined in Article 4(15) of Directive 2007/64/EC; (f) ‘Contract’ means a framework contract as defined in Article 4(12) of Directive 2007/64/EC. SECTION II Right of access 2. Member States should ensure that any consumer legally resident in the Union has the right to open and use a basic payment account with a payment service provider operating in their territory provided that the consumer does not already hold a payment account allowing him to make use of the payment services listed in paragraph 6 in their territory. Such a right should apply irrespective of the consumer’s financial circumstances. 3. Member States should ensure that at least one payment service provider is in charge of offering basic payment accounts in their jurisdiction. For this purpose, they should take into consideration the geographical location or market share of payment service providers in their jurisdictions. Member States should ensure that this does not create distortions of competition between payment service providers. 4. Member States should take measures to guarantee that payment services providers use transparent, fair and reliable systems when verifying whether the consumer already holds or does not hold a payment account. 5. Member States should ensure that where an application for access to a basic payment account is refused, the payment service provider immediately informs the consumer of the grounds and the justification for such a refusal, in writing and free of charge. Limitations to this right to information may be made by legislative measures where such a limitation constitutes a necessary and proportionate measure to safeguard the objectives of national security or public policy. SECTION III Characteristics of a basic payment account 6. A basic payment account should include the following payment services: (a) services enabling all the operations required for the opening, operating and closing of a payment account; (b) services enabling money to be placed on a payment account; (c) services enabling cash withdrawals from a payment account; (d) execution of payment transactions, including transfers of funds in and out of a payment account with the consumer’s payment service provider or with another service provider following: (i) the execution of direct debit; (ii) the execution of payment transactions through a payment card that does not allow the execution of payment transactions that would exceed the current balance of the payment account; (iii) the execution of credit transfers. 7. Access to a basic payment account should not be made conditional on the purchase of additional services. 8. The payment service provider should not offer, explicitly or tacitly, any overdraft facilities in conjunction with a basic payment account. A payment order to the consumer’s payment service provider should not be executed where such an execution would result in a negative balance of the consumer’s basic payment account. SECTION IV Associated charges 9. Member States should ensure that a basic payment account is provided either free of charge or at a reasonable charge. 10. Where a payment service provider charges the consumer for the opening, operating and closing of a basic payment account or for the use of one, some or all services listed in paragraph 6, the total amount of charges to the consumer should be reasonable. 11. Any additional fees that the payment service provider may charge in relation to the basic payment account contract, including those resulting from non-compliance with the consumer’s commitments laid down in the contract, should be reasonable. 12. Member States should establish what constitutes a reasonable charge according to one or several of the following criteria: (a) national income levels; (b) average charges associated with payment accounts in that Member State; (c) total costs relating to the provision of the basic payment account; (d) national consumer prices. SECTION V General information 13. Member States should launch campaigns raising awareness among the public about the availability of basic payment accounts, their pricing conditions, the procedures to be followed in order to exercise the right to access basic payment accounts and the methods for having access to an out-of-court complaint and redress mechanism. 14. Member States should ensure that payment service providers make information available to consumers about the specific features of the basic payment accounts on offer, their associated charges and their conditions of use. The consumer should also be informed that the purchase of additional services is not compulsory to access a basic payment account. SECTION VI Supervision and out-of-court dispute resolution mechanisms 15. Member States should designate competent authorities to ensure and monitor effective compliance with the principles set out in this Recommendation. Those designated competent authorities should be independent from payment service providers. 16. Member States should ensure that appropriate and effective complaints and redress procedures are established for the out-of-court settlement of disputes concerning the rights and obligations established under the principles set out in this Recommendation between payment service providers and consumers, using existing bodies where appropriate. Member States should further ensure that all payment service providers responsible for providing basic payment accounts adhere to one or more such bodies implementing such complaint and redress procedures. 17. Member States should ensure that the bodies referred to in paragraph 16 actively cooperate in the resolution of cross-border disputes. SECTION VII Statistical information 18. Member States should ensure that payment services providers provide national authorities with reliable information at least on the number of basic payment accounts opened, the number of applications for basic payment accounts refused and the grounds of such refusals, the number of terminations of such accounts as well as the charges associated to basic payment accounts on an annual basis. Such information should be provided in an aggregated form. 19. On an annual basis and for the first time by 1 July 2012 at the latest, Member States are invited to provide the Commission with information on the number of basic payment accounts opened, the number of applications for basic payment accounts refused and the grounds of such refusals, the number of terminations of such accounts as well as the charges associated to basic payment accounts. SECTION VIII Final provisions 20. Member States are invited to take the necessary measures to ensure the application of this Recommendation at the latest 6 months after its publication and to notify the Commission of any measures taken in accordance with this Recommendation. 21. This Recommendation is addressed to the Member States. Done at Brussels, 18 July 2011. For the Commission Michel BARNIER Member of the Commission (1) OJ L 319, 5.12.2007, p. 1. (2) OJ L 309, 25.11.2005, p. 15. (3) OJ L 281, 23.11.1995, p. 31.

Summary: Consumer access to basic payment accounts Consumer access to basic payment accounts Access to basic payment accounts by European consumers should be guaranteed in all European Union (EU) countries. To this end, the Commission presents the general principles which should guide the provision of this type of financial service. ACT Commission Recommendation 2011/442/EU of 18 July 2011 on access to a basic payment account (Text with EEA relevance) [OJ L 190 of 21.7.2011]. SUMMARY European consumers who do not have a payment account should be able to open and use a basic payment account, irrespective of their financial situation or their place of residence in the European Union (EU). The Commission therefore recommends that at least one payment service provider * offers this service in each Member State. Characteristics of a basic payment account The payment services offered must enable as a minimum: all the operations required for the opening, operating and closing of a payment account to be carried out; money to be placed on a payment account; cash withdrawals from a payment account; execution of payment transactions, by credit transfers or by transfers of funds, including through a payment card (however, without the possibility of becoming overdrawn). Access to a basic payment account should not be made conditional on the purchase of additional services. Charges associated with a basic payment account Member States should ensure that the basic payment account is provided either free of charge or at a reasonable charge. Where the provision is not free of charge, the total amount of charges for using the minimum payment services should be reasonable. In all cases, all other charges provided for in the account contract should be reasonable, including those applied where consumers do not meet their contractual obligations. The amount of charges to the consumer should be calculated according to the: national income levels and consumer prices; average charges associated with payment accounts in the Member State concerned; total costs relating to the provision of the basic payment account. Supervision and dispute resolution Member States should designate competent authorities independent from payment service providers to monitor compliance with these recommendations. In addition, they should ensure that complaint and redress procedures are put in place in the event of disputes. Consumer information If a service provider rejects an application to open an account, it must provide a justification for its refusal and inform the consumer in writing. However, limitations to this right to information may be made by legislative measures on the grounds of national security or public order. Service providers must provide sufficient information on the specific features of the accounts offered, the associated charges and their conditions of use. Member States should organise public awareness-raising campaigns concerning the options offered by basic payment accounts, pricing conditions and the options for of out-of-court proceedings in the event of disputes. Key terms Payment service providers: specifically organisations which can be credit, payment or electronic money institutions or post office giro institutions. Last updated: 28.09.2011