All
 
|
 
 


Concept of Radioactive Waste and Spent Nuclear Fuel in the EU Law. Advantages of Using Spent Nuclear Fuel
 
PIIS231243500026203-1-1
DOI10.18254/S231243500024949-1
Publication type Article
Status Published
Authors
Yulia Lebedeva 
Occupation: Adviser at the Department of History and Records of the Ministry of Foreign Affairs of the Russian Federation
Affiliation: Ministry of Foreign Affairs of the Russian Federation
Address: Russian Federation, Moscow
Oleg E. Muratov
Occupation: Head of the Radiation Technology Department at TWELL LLC.
Affiliation: TWELL LLC.
Address: Russian Federation, Saint Petersburg
Journal nameEnergy law forum
EditionIssue 2
Pages43-52
Abstract

The formation of the unified legal terminology “radioactive waste”, “spent nuclear fuel” and the legal regulation of radioactive waste and spent nuclear fuel management in the European Union law started in 1992 and was completed in 2011 with Directive 2011/70/Euratom, which became the key legal act for further development of radioactive waste and spent nuclear fuel management as an object of legal regulation in European Union law. The methods of scientific knowledge based on dialectical and historical materialism, the methods of logical, system-structural and comparative legal analysis were used in the research. With a unified legal toolkit, Directive 2011/70/Euratom has created a legal framework for a more intensive integration of the Member States of the European Union in the nuclear power industry, which further strengthens the unified European nuclear industry. At the same time, it exposed the contradictions between the Member States of the European Union in their approach to the use of spent nuclear fuel. The struggle between the proponents of a closed and open nuclear fuel cycle in European Union law continues. These different approaches are reflected in the laws of the Member States of the European Union, which apply them in their nuclear industries. A compromise has been reached through Directive 2011/70/Euratom. However, proponents and opponents of a closed nuclear fuel cycle continue to argue about its economic and environmental feasibility. At the same time, new technologies for reprocessing spent nuclear fuel have already demonstrated their tangible economic benefits and environmental safety in practice.

Keywordsenergy law, nuclear law, European Union law, Euratom, radioactive waste, spent nuclear fuel
Received21.04.2023
Publication date27.06.2023
Number of characters20162
Cite   Download pdf To download PDF you should sign in
100 rub.
When subscribing to an article or issue, the user can download PDF, evaluate the publication or contact the author. Need to register.
1 In the late twentieth and early twenty-first centuries, the applications of the peaceful atom expanded significantly, particularly in electricity storage (hydrogen power bank), security (wireless high-sensitivity sensors), nuclear medicine (radiopharmaceuticals), ionizing radiation treatment of agricultural products, composites, rubber, space exploration (compact radioisotope generators) and, finally, nuclear technologies have contributed significantly to the fight against the COVID-19 pandemic in 2020 (the Tianox nitrogen oxide therapy device, sterilization of medical equipment, masks, tools, special clothing, and bandages). As the use of nuclear technology expands, so does the volume of radioactive waste (RW) and spent nuclear fuel (SNF). Therefore, the adoption of legal definitions of “radioactive waste” and “spent nuclear fuel”, as one of the main conceptual tools of legal regulation in this sphere, provides a unified approach to understanding the key phenomena occurring in the society in the nuclear power industry.
2 The concept of “RW” as a legal term in EU law was first defined in 1992 in Council Directive 92/3/Euratom of February 3, 1992, on the supervision and control of shipments of RW between EU Member States and into and out of the Community [1]. According to Article 2 of Council Directive 92/3/Euratom, “RW” means any material which contains or is contaminated by radio-nuclides and for which no use is foreseen. The legal definition was short and voluminous, reflecting the development of nuclear science at the time.
3 In 2006, Council Directive 2006/117/Euratom on the supervision and control of shipments of RW and SNF was drafted and adopted on the basis of a proposal from the European Commission (EC), developed with the opinion of a group of persons appointed by the Scientific and Technical Committee from among the scientific experts of the EU Member States. Article 5 of Directive 2006/117 formulates a new term “RW”, which has been refined taking into account the development of nuclear physics at that time, and introduces a new legal term “SNF” for the EU Member States. RW means “radioactive material in gaseous, liquid or solid form for which no further use is foreseen by the countries of origin or destination, or by a natural or legal person whose decision is accepted by these countries, and which is controlled as radioactive waste by a regulatory body under the legislative and regulatory framework of the countries of origin or destination.” [2]. SNF refers to “nuclear fuel that has been irradiated in and permanently removed from a reactor core; SNF may either be considered as usable resource that can be reprocessed or be destined for final disposal with no further use foreseen and treated as RW” [3].
4 Radioactive materials can include both man-made radionuclides produced by nuclear technologies and natural radionuclides found in the Earth’s crust, atmosphere, and hydrosphere. IAEA Safety Standards “Classification of Radioactive Waste. General Safety Guide No. GSG-1” of 2009 cover the entire range of RW, including waste containing radionuclides of natural origin [4].
5 All elements in the periodic table with numbers above 82, as well as some elements in the middle, are radioactive with half-lives ranging from fractions of a second to septillion years (Table 1). In addition, the nuclides 238U, 235U, and 232Th form three radioactive families with successive interspersed α- and β-decays that eventually lead to the stable nuclei 206Pb, 207Pb, and 208Pb (Figure 1). In total, there are about 60 natural radionuclides in the Earth’s crust, almost half of which are long-lived. All ores and minerals contain natural radionuclides, which, despite their low content, are accumulated in large quantities in mining wastes, where the main contribution to radioactivity is made by radionuclides of the uranium and thorium series.
6 Table 1 Long-Lived Natural Radionuclides in the Earth’s Crust
7
Radionuclide Half-life, years Occurrence, %
40К 1.32⋅109 0.02
50V 1.5⋅1017 4.0⋅10-3
87Rb 4.92⋅1010 7.8⋅10-3
115In 4.41⋅10 14 1.34⋅10-5
128Te 2.2⋅1024 3.17⋅10-7
130Te 7.9⋅10 20 3.41⋅10-7
138La 1.02⋅1011 2.58⋅10-6
144Nd 2.38⋅10 15 5.95⋅10-4
150Nd 7⋅1018 1.4⋅10-4
147Sm 6⋅10 11 1.05⋅10-4
148Sm 7⋅10 15 7.87⋅10-5
149Sm 2⋅1015 9.67⋅10-5
174Hf 2⋅10 15 6.65⋅10-7
176Lu 3.78⋅1010 2.07⋅10-6
187Re 4.35⋅1010 5.01⋅10-8
190Pt 6.5⋅1011 7⋅10-11
209Bi 1.9⋅1019 2⋅10−5
232Th 1.41⋅1010 8⋅10-4
235U 7.04⋅108 1.94⋅10-6
238U 4.47⋅10 9 2.68⋅10-4
8
image1

a)

9
image2

b)

10
image3

с)

11
л litres
г. year
год. years
час. hours
дн. days
с. seconds
мин. minutes
12 Figure 1. Radioactive Families of Decays of Heavy Nuclei: (a) - 238U family; (b) - 235U family; (c) - 232Th family.
13 A further step in the development of nuclear legal terminology in EU law was Directive 2011/70/Euratom establishing a Community framework legislation for SNF and RW [5] of July 19, 2011, which reiterated the legal concept of “RW” formulated in Council Directive 2006/117/Euratom on the supervision and control of shipments of RW and SNF. Article 3 of the Directive 2011/70 introduced the new legal concepts of “RW management” and “SNF management”. The Directive 2011/70/Euratom formulated the legal concept of “RW management” as all activities that relate to handling, pretreatment, treatment, conditioning, storage or disposal of RW, excluding off-site transportation. “SNF management” means all activities that relate to handling, storage, reprocessing, or disposal of SNF, excluding off-site transportation.

views: 152

Readers community rating: votes 0 

1. Council Directive 2011/70 / EURATOM of July 19, 2011 establishing a Community framework for the responsible and safe management of spent fuel and radioactive waste // Official Journal of the EU. - 2011. - No. 199. - p. 48-56.
2. Council Directive 2006/117/Euratom on the supervision and control of shipments of radioactive waste and spent fuel 20.11.2006. Official Journal of the EU 337, 05.12.2006.p.34.
3. Council Directive 2006/117/Euratom on the supervision and control of shipments of radioactive waste and spent fuel. Official Journal of the EU 337, December 5, 2006.
4. IAEA “Classification of radioactive waste. General Safety Guide No GSG-1 2009 IAEA, Vienna, 2014. p.12.
5. Council Directive 2011/70/EURATOM of July 19, 2011, establishing a Community framework for the responsible and safe management of spent fuel and radioactive waste // Official Journal of the EU. - 2011. – No. 199. - P. 48-56.
6. Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management, INFCIRC/546, IAEA, Vienna, 2001.
7. Laura Rodriguez-Penalonga, B. Yolanda Moratilla Soria, “A Review of the Nuclear Fuel Cycle Strategies and the Spent Nuclear Fuel Management Technologies” https://www.google.ru/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwivg4zQ6tH0AhW8kcMKHbM9Bjw4ChAWegQIBRAB&url=https%3A%2F%2Fwww.mdpi.com%2F1996-1073%2F10%2F8%2F1235%2Fpdf&usg=AOvVaw37nA2m0jzyMKcwblt2ykiS 
8. Schneider Mycle, Marignac Yves “Spent Nuclear Fuel Reprocessing in France” // https://fissilematerials.org  [Electronic resource] - Access mode : https://fissilematerials.org/library/rr04.pdf 
9. Alf Larsson, Kjell Andersson, and Stig Wingefors “Sweden: Policy and licensing” https://www.iaea.org/sites/default/files/publications/magazines/bulletin/bull28-1/28104694144.pdf 
10. Emil Tomov “On Bulgarian SNF” https://www.atomic-energy.ru  [Electronic resource] - Access mode : https://www.atomic-energy.ru/articles/2015/05/06/12340 
11. Kurbanov, R.A. Energy Law and Energy Policy of the European Union: Monograph / R.A. Kurbanov. — Moscow : UNITI-DANA, 2018. p. 54.
12. European Law. Law of the European Union and the Legal Protection of Human Rights : textbook / Head of Authoring Team and Co-Editor L.M. Entin. - 3rd edition revised and enlarged. — Moscow : Norm : INFRA-M, 2013. p. 93.
13. European Law. Law of the European Union and the Legal Protection of Human Rights : textbook / Head of Authoring Team and Co-Editor L.M. Entin. — 3rd edition revised and enlarged. — Moscow : Norm : INFRA-M, 2013. p. 94.
14. European Law. Law of the European Union and the Legal Protection of Human Rights : textbook / Head of Authoring Team and Co-Editor L.M. Entin. — 3rd edition revised and enlarged. — Moscow : Norm : INFRA-M, 2013. p. 102.
15. European Union: Fundamental Acts as Amended by the Lisbon Treaty with Comments, Editor-in-Chief S.Yu. Kashkin, Moscow, INFRA-M, 2013. p. 386.
16. European Law. Fundamentals of Integration Law of the European Union and the Eurasian Economic Union : textbook / by L.M. Entin, M.L. Entin — Moscow : Norma : INFRA-M, 2020. p. 96.
17. Topornin, B.N. European Law : Textbook. — Moscow : Lawyer, 1998. p. 323.
18. Zhiznin, S., Timokhov, V. Nuclear Aspects of Energy Diplomacy : monograph by Moscow State Institute of International Relations (University) of the Ministry of Foreign Affairs of the Russian Federation (MGIMO University), 2017. p. 98.
19. Two-Component Nuclear Power System with Thermal and Fast Reactors in a Closed Nuclear Fuel Cycle. Edited by Member of the Russian Academy of Sciences N.N. Ponomorev-Stepnoy Moscow : TECHNOSPHERA, 2016. p. 54.
20. Vlasenko, A. The Nuclear Waste Repository Built in Finland will Last about 100,000 Years https://facepla.net/index.php/the-news/energy-news-mnu/822-finland-nuclear-waste-bunker 
21. Kireyeva, A. Radioactive Waste Disposal: French Experience https://bellona.ru/2017/08/02/zahoronenie-radioaktivnyh-othodov-opyt-frantsii/ 
22. Kireyeva, A. Radioactive Waste Disposal: French Experience https://bellona.ru/2017/08/02/zahoronenie-radioaktivnyh-othodov-opyt-frantsii/ 
23. Martsinkevich, B. Nuclear France: First Encounter. https://regnum.ru/news/economy/2545096.html 
24. Bernard P. French Experience and Prospects of SNF and RW Management. https://www.atomic-energy.ru/articles/2012/05/12/33364 
25. Téléchargez le pack ESG 2020 [English version] https://docviewer.yandex.ru/view/19374481/?*=nF4fgDhNKKpvR11mbSESAjb9I8N7InVybCI6InlhLWJyb3dzZXI6Ly80RFQxdVhFUFJySlJYbFVGb2V3cnVBb1FOUkFucjU0MjBLcGJScTVIS21wVGd1Qmx5OU16SlhzeGpsR0trMlJWc28zbS1wMlNTYVpCbkFrMW5mVkd4UWJWV3lWQlVCc21DalpYSFRONlJPdUFJMk1zY1k5cTdpQ3h5eTRla3AwZ1NvWmxPSkRkYW9DVWVCdkkwdWtNb2c9PT9zaWduPTMwQ1hmYnZRNHhXRmJHdjR2OUcwNlloa3VFYUEtdkRhVmVUV3RBaG5uQk09IiwidGl0bGUiOiJlZGZncm91cF9wYWNrLWVzZ18yMDIwX2VuLnhscyIsIm5vaWZyYW1lIjpmYWxzZSwidWlkIjoiMTkzNzQ0ODEiLCJ0cyI6MTY0NTMwODE5MzQ5OCwieXUiOiI4MjAzNzAzOTgxNTQ5ODA4MjAyIn0%3D 
26. Boyko, V.I., Shidlovsky, V.V., Mescheryakov, V.N., Shamanin, I.V., Koshelev, F.P., Demyanyuk, D.G.. Perspective Nuclear Fuel Cycles and New Generation Reactors. Textbook. Edited by Tomsk Polytechnic University. 2009. p. 403.
27. Zhiznin, S., Timokhov, V. Nuclear Aspects of Energy Diplomacy : monograph by Moscow State Institute of International Relations (University) of the Ministry of Foreign Affairs of the Russian Federation (MGIMO University), 2017, p. 99.
28. Zhiznin, S., Timokhov, V. Nuclear Aspects of Energy Diplomacy : monograph by Moscow State Institute of International Relations (University) of the Ministry of Foreign Affairs of the Russian Federation (MGIMO University), 2017, p. 53.
29. Téléchargez le pack ESG 2020 [English version] https://docviewer.yandex.ru/view/19374481/?*=nF4fgDhNKKpvR11mbSESAjb9I8N7InVybCI6InlhLWJyb3dzZXI6Ly80RFQxdVhFUFJySlJYbFVGb2V3cnVBb1FOUkFucjU0MjBLcGJScTVIS21wVGd1Qmx5OU16SlhzeGpsR0trMlJWc28zbS1wMlNTYVpCbkFrMW5mVkd4UWJWV3lWQlVCc21DalpYSFRONlJPdUFJMk1zY1k5cTdpQ3h5eTRla3AwZ1NvWmxPSkRkYW9DVWVCdkkwdWtNb2c9PT9zaWduPTMwQ1hmYnZRNHhXRmJHdjR2OUcwNlloa3VFYUEtdkRhVmVUV3RBaG5uQk09IiwidGl0bGUiOiJlZGZncm91cF9wYWNrLWVzZ18yMDIwX2VuLnhscyIsIm5vaWZyYW1lIjpmYWxzZSwidWlkIjoiMTkzNzQ0ODEiLCJ0cyI6MTY0NTMwODE5MzQ5OCwieXUiOiI4MjAzNzAzOTgxNTQ5ODA4MjAyIn0%3D 
30. Zhiznin, S., Timokhov, V. Nuclear Aspects of Energy Diplomacy : monograph by Moscow State Institute of International Relations (University) of the Ministry of Foreign Affairs of the Russian Federation (MGIMO University), 2017, p. 264.
31. Rosatom Regenerates for USD 1 billion, Kommersant, May 25, 2018, https://www.kommersant.ru/doc/3642012

Система Orphus

Loading...
Up