Royal Decree 102/2014, of February 21, for the responsible and safe management of spent nuclear fuel and radioactive waste.
Published in the Official State Gazette (BOE) number 58, dated March 8, 2014, pages 22069 to 22082 (14 pages).
Section: I. General provisions
Department: Ministry of Industry, Energy and Tourism
Reference: BOE-A-2014-2489
http://www.boe.es/boe/dias/2014/03/08/pdfs/BOE-A-2014-2489.pdf
TEXT Activities related to the production of electricity in nuclear reactors and the use of radioisotopes in medicine, industry, agriculture, and research give rise to significant amounts of spent nuclear fuel and radioactive waste. These materials must be managed in a way that avoids harm to people or the environment, preventing undue burdens on future generations.
Directive 2011/70/Euratom of the Council of 19 July 2011, establishing a community framework for the responsible and safe management of spent nuclear fuel and radioactive waste, represents a further step in the community regulation of nuclear safety, following the adoption of Council Directive 2009/71/Euratom of 25 June 2009, establishing a community framework for nuclear safety in nuclear installations, imposing a series of obligations for the establishment of a national framework for nuclear safety applied to such installations.
In the case of Spain, Law 25/1964 of 29 April on nuclear energy contains the requirements and basic principles applicable to the management of radioactive waste, providing that the management of radioactive waste and spent nuclear fuel, as well as the dismantling and closure of nuclear facilities, constitute an essential public service reserved to the State, entrusted to the «Empresa Nacional de Residuos Radiactivos, S. A.» (ENRESA), for the management of said public service.
Although the current national legal framework largely incorporates the framework required by the aforementioned Directive 2011/70/Euratom, it has been considered necessary to elaborate a new royal decree that takes into account some precepts not covered in the aforementioned legislation and develops Law 25/1964 of 29 April regarding the regulation of the management of spent nuclear fuel and radioactive waste. The regulation of ENRESA activities has been updated, repealing by this instrument Royal Decree 1349/2003 of 31 October on the organization of activities of the «Empresa Nacional de Residuos Radiactivos, S. A.» (ENRESA), and its financing.
Likewise, in order to complete the legislative, regulatory, and organizational framework in accordance with the Directive, this royal decree includes some general principles to be respected in the management of spent nuclear fuel and radioactive waste, specifies the responsibilities associated with such management, and establishes the regulation and content of the Spanish national program, called the General Plan for Radioactive Waste, as well as some aspects related to the financing of the activities contemplated therein, based on the enabling provision of the sixth additional provision of Law 54/1997 of 27 November on the Electricity Sector, declared valid by Law 24/2013 of 26 December on the Electricity Sector, which regulates the so-called Fund for the financing of the activities of the Plan. In particular, the royal decree, in accordance with the provisions of the Directive, reconciles the attribution of primary or first responsibility for these materials to those who generate them or hold the corresponding authorization, with the ultimate responsibility of the State, which includes, among other aspects, the qualification – already specified in Law 25/1964 of 29 April – of management as an essential public service reserved to the State.
Additionally, a new authorization for dismantling and closure is incorporated into the Regulation on Nuclear and Radioactive Installations, approved by Royal Decree 1836/1999 of 3 December, for installations for the final storage of spent nuclear fuel and radioactive waste, and the obligation to provide adequate guarantees covering the costs and contingencies that may arise from the dismantling and closure or shutdown of nuclear facilities is included.
Likewise, the aforementioned Regulation is modified to clarify that the declaration of cessation of activity implies an operating authorization that establishes the conditions to which the activities to be carried out in the installation must adhere until the dismantling authorization is obtained, introducing the possibility of its renewal after such cessation, when it is due to reasons unrelated to nuclear safety or radiological protection.
Furthermore, this royal decree incorporates certain modifications to Royal Decree 243/2009 of 27 February, regulating the surveillance and control of transfers of radioactive waste and spent nuclear fuel between Member States or originating from or destined for areas outside the Community, in order to clarify its wording.
This royal decree has been informed by the Nuclear Safety Council and the Advisory Council on the Environment, and in its preparation, sectoral and social economic agents, as well as the Autonomous Communities, have been consulted. Likewise, it has been subjected to the process of public participation in accordance with the provisions of Law 27/2006 of 18 July, regulating the rights of access to information, public participation, and access to justice in environmental matters.
This royal decree has been prepared pursuant to Article 94 of Law 25/1964 of 29 April, authorizing the Government «to establish the necessary regulations for its application and development.»
Furthermore, in accordance with Article 33 of the Treaty establishing the European Atomic Energy Community (Euratom), this royal decree, during its processing as a draft, has been communicated to the European Commission.
In accordance therewith, at the proposal of the Minister of Industry, Energy and Tourism, with the prior approval of the Minister of Finance and Public Administrations, in agreement with the State Council, and after deliberation by the Council of Ministers at its meeting on 21 February 2014,