Nuclear Decommissioning - Legal Aspects

Legal Aspects

The decommission of a nuclear reactor can only take place after the appropriate licence has been granted pursuant to the relevant legislation. As part of the licensing procedure various documents, reports and expert opinions have to be written and delivered to the competent authority, e.g. safety report, technical documents, environmental impact study (EIS).

In the European Union these documents are the basis for the environmental impact assessment (EIA) according to Council Directive 85/337/EEC. A precondition for granting such a licence is an opinion by the European Commission according to Article 37 of the Euratom Treaty. Article 37 obliges every Member State of the European Union to communicate certain data relating to the release of radioactive substances to the Commission. This information must reveal whether and if so what radiological impacts decommissioning – planned disposal and accidental release – will have on the environment, i.e. water, soil or airspace, of the EU Member States. On the basis of these general data, the Commission must be in a position to assess the exposure of reference groups of the population in the nearest neighbouring states.

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