Committee Reports > List of Committees > Joint > 1979 > Committee on the Secondary Legislation of the European Communities > Report No. 53 - Safety Standards in respect of Ionising Radiation

REPORT

Proposal Examined

1. The Joint Committee has examined the Commission’s proposal for a Council Directive (EURATOM) amending the Directive laying down the revised basic safety standards for the health protection of the general public and workers against the dangers of ionizing radiation (4555/79). The proposal is based on Articles 31 and 32 of the EURATOM Treaty under which the Council may, on a proposal from the Commission, establish such basic standards and revise and supplement them from time to time. Basic standards were laid down originally in 1959 and were last revised by Directive 76/579/EURATOM but implementation of this Directive has been deferred by the Council until 12th July, 1980. The present proposal is aimed at updating the provisions of the 1976 Directive.

Existing Provisions

2. Directive 76/579/EURATOM stipulates that the production, processing, handling, use, holding, storage, transport and disposal of natural and artificial radioactive substances and any other activity involving a hazard arising from ionizing radiation should be reported to a national authority and that measures should be adopted to ensure the protection of persons both workers and members of the public against ionizing radiation.

3. The radiation protection principles of the 1976 Directive are based upon the recommendations of the International Commission for Radiation Protection (ICRP). The ICRP is recognised as the authoritative body to give guidance in the field of radiation protection and it does so through the issue of recommendations leaving to the national authorities the responsibility of adopting these recommendations in national legislation. The 1976 Directive was based upon the previous recommendations of the ICRP. However, in 1977 the ICRP issued new recommendations and the Commission considers it necessary to amend the 1976 Directive in the light of these recommendations.

Outline of Proposal

4. The recommendations of the ICRP to which the proposed new Directive is to give effect define new concepts and units and provide a number of new values for the protection of health against exposure risks. These new values are conceived in a more coherent way, since they take account of new metabolic data, and are calculated in a more logical manner, since they take into account for the first time the addivity of the radiation to which the various organs or tissues are exposed. However these values differ only slightly from previous ones. Some of them, particularly those relating to the transuranic elements, are generally more strict. Others are slightly less so. The Commission considers that the overall result is a new, more coherent system of calculation which corresponds more closely to actual biological and metabolic processes and, in its opinion, the system should be adopted without delay if use is to be made of the latest scientific knowledge.

Irish Legislation

5. A Council Directive of 2nd February, 1959 (as modified by later Directives) was in force on this subject when Ireland joined the Community in 1973. Article 152 and section XIII of Annex XI of the Act of Accession exempted Ireland from its provisions until 1st January, 1974. The Joint Committee has been informed that the exemption was granted because the Community provisions were in the course of being revised.

6. The Nuclear Energy (General Control of Fissile Fuels, Radioactive Substances and Irradiating Apparatus) Order, 1977 (S.I. No. 166 of 1977) made by the then Minister for Transport and Power under Section 6 of the Nuclear Energy (An Bord Fuinnimh Núicléigh) Act, 1971 (No. 12 of 1971) prohibits the custody, use, manufacture, importation, distribution, transportation, exportation or other disposal of fissile fuels, radioactive substances, radioactive devices, irradiating apparatus and radioactive waste products save under a licence issued by the Nuclear Energy Board established under the Act. The Committee is advised that this Order implements certain Articles of the Directive of 1st June, 1976. The Board attaches to each licence such conditions as are necessary to ensure safety.

7. The Committee is also informed that the Nuclear Energy Board, in consultation with the Departments of Industry, Commerce and Energy, Labour and Health, has prepared draft Regulations setting out a system of radiation protection for Ireland which would implement those parts of the 1976 Council Directive not previously implemented by the 1977 Order referred to above. The Committee understands that cognisance has been taken as far as possible of the 1977 ICRP recommendations in preparing these Regulations in the anticipation that the amending Council Directive will be adopted.

Views of the Joint Committee

8. The Joint Committee is informed that there is in this country an increasing need for protective measures against the dangers of ionizing radiation arising from activities in the fields of industry, medicine and research. It is also advised that the proposed Directive provides a framework for a comprehensive code of practice based on the best scientific advice available. It, therefore, supports the adoption of the proposed Directive and it trusts that appropriate implementing measures will be put into force in this country as soon as possible.

9. As the Committee sees the legal position, this country was required by the Treaty of Accession to bring into operation here the provisions of the Council Directive of 2nd February, 1959, as amended, as from 1st January, 1974. It assumes that this was not done because the work of revising that Directive was well advanced. However, whatever practical reasons there may have been the Committee fails to see how the postponement can be justified in law.

Acknowledgement

10. The Joint Committee wishes to express its sincere thanks to the Mater Misericordiae Hospital for making available to it the views of its staff on this proposal.

(Signed) MARK CLINTON,

Chairman of the Joint Committee.

30th May, 1979.