Euratom Drinking Water Directive

Transcription

1 Euratom Drinking Water Directive Monitoring and supporting transposition in the Member States Vesa Tanner DG ENERGY Directorate D Nuclear Safety and Fuel Cycle

2 Euratom Drinking Water Directive (E-DWD) Directive 2013/51/EURATOM of 22 October 2013 laying down requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption Published in the EU Official Journal on 7 November 2013 Transposition in the Member States before 28 November 2015

3 Introduction The E-DWD lays down parametric values and frequencies and methods for monitoring radioactive substances in drinking water Directive does not apply to natural mineral waters and medicinal products. Member States need to establish monitoring programmes and take remedial action if needed Parameters for Radon, Tritium and Indicative Dose The E-DWD is closely linked to the WHO drinking water guidance and Directive 98/83/EC on the quality of water intended for human consumption. Directive 98/83/EC refers to Tritium and Indicative Dose among indicator parameters.

4 Radon For radon, the E-DWD has the same scope as the Recommendation 2001/928/Euratom on the protection of the public against exposure to radon in drinking water supplies Representative surveys need to be undertaken Member States may choose to adjust the parametric value for radon between 100 and 1000 Bq/l A remedial action is justified without further consideration above 1000 Bq/l.

5 Tritium Tritium monitoring is required where a source of tritium or other artificial radionuclides is present If tritium concentration exceeds the parametric value (100 Bq/l) an investigation of other radionuclides is required

6 Indicative dose (ID) Monitoring of ID shall be carried out where a source of artificial or elevated natural radioactivity is present Screening strategy for the ID is gross alpha, gross beta or individual radionuclides ID criteria: <0.1 msv/y, calculated for 730 litres of annual intake The directive provides nuclide specific derived concentration values for this annual dose.

7 Timeline of actions The Commission strategy of monitoring and supporting transposition and implementation was drafted in May 2014 The Commission sent a questionnaire to the Member States in July 2014 A transposition workshop took place on 10 December 2014 Notifications of transposing measures under Art. 33 Euratom have been processed The transposition deadline was 28 November 2015 The notifications to the NIF database of the final legislation are being processed

8 Interaction with Directive 98/83/EC DG ENV has prepared an adaptation of the monitoring Annexes II and III of the DWD via a comitology procedure The revision was intended to take into account the E- DWD, remove the provisions related to radioactive substances in the Annexes and clarify in particular that monitoring programmes for radioactive substances fall in the remit of the E-DWD In October 2015 Commission Directive (EU) 2015/1787 of 6 October 2015 amending Annexes II and III to Council Directive 98/83/EC on the quality of water intended for human consumption was adopted According to Recital (9): "Council Directive 2013/51/Euratom introduced specific arrangements for monitoring for radioactive substances. Monitoring programmes for radioactive substances should therefore exclusively be established under that Directive".

9 Euratom Art. 33 process feedback A particularity of the Euratom Treaty legal framework lies in its Article 33, which sets up a notification procedure for the checking of draft national measures by the Commission in the field of basic standards 20 Member States sent their draft transposing legislation to the Commission DG ENER has processed 19 out of 20 submitted drafts No formal recommendations (art 33 para 4) were issued by the Commission, but some areas of possible non-compliance were brought to the attention of MS

10 Euratom Art. 33 process legislative approaches Netherlands Amended existing regulation Slovakia Amended existing regulation Greece Separate radioactivity regulation Estonia Amended existing regulation Romania Separate radioactivity regulation Cyprus Separate radioactivity regulation Germany Amended existing regulation Lithuania Amended existing regulation Slovenia Separate radioactivity regulation Hungary Amended existing regulation Luxembourg Amended existing regulation Latvia Amended existing regulation Croatia Amended existing regulation Italy Separate radioactivity regulation Austria Amended existing regulation Finland Amended existing regulation Sweden Amended existing regulation France Amended existing regulation Belgium Separate radioactivity regulation

11 Review of final transposing legislation by the Commission The final transposing provisions are communicated to the Commission through the EU data base "MNE/NIF" ("Mesures Nationales d'execution/infractions") The Commission assessment has no specific deadline, but should be performed at the shortest delay possible (as requested by the Secretariat- General) The Commission enjoys a wide discretionary power to either launch an infringement or not

12 Main types of infringement cases Failure to notify/non-communication: a Member State has not notified the Commission on time of its measures to transpose a directive Non-conformity/non-compliance: the Commission considers a Member State s legislation not to be in line with the requirements of EU legislation Incorrect/bad application: The Union law is not applied correctly or not applied at all by national authorities

13 Stages of the infringement procedure: (EU Pilot) - Letter of formal notice - Reasoned Opinion - Referral to Court In the pre-litigation phase of an infringement procedure the Commission sends a Letter of Formal Notice (LFN) to the Member State, requesting an explanation within a given timeframe If the Member State s reply is unsatisfactory or if it does not reply at all, the Commission sends a Reasoned Opinion (RO) asking the Member State to comply within a given time limit Should the Member State not comply with the reasoned opinion, the Commission opens the litigation phase by bringing the case to the EU Court of Justice

14 Other items The Commission will pay specific attention to drinking water monitoring when implementing the Euratom Art. 35 verification programme Information about the E-DWD is available at the unit ENER D3 website The E-DWD Court case C-48/14 was closed in Feb European Parliament against the Euratom Drinking Water Directive Defendant was the Council, Commission intervened (plea 1) Legal basis of the Directive - dismissed (plea 2) Overlap with the provisions of Directive 98/83/EC - dismissed (plea 3) Breach of the principle of mutual sincere cooperation among EU Institutions - dismissed