European Communities (Nuclear Safety) Regulations 2017 (No. 332 of 2017)

Article 5 of the Directive. (2) The Agency shall have assigned to it the general functions to promote the continuous improvement of nuclear safety and its regulation for the purpose of these Regulations and the Directive. Regulatory and organisational framework 6. (1) The Agency shall, where appropriate, establish and maintain a national regulatory and organisational framework for the nuclear safety of nuclear installations. The national framework shall provide in particular for: (a) the allocation of responsibilities and coordination between relevant state bodies; (b) national nuclear safety requirements, covering all stages of the lifecy- cle of nuclear installations; (c) a system of licencing and prohibition of operation of nuclear instal- lations without a licence; (d) a system of regulatory control of nuclear safety performed by the com- petent regulatory authority; (e) effective and proportionate enforcement actions, including, where appropriate, corrective action or suspension of operation and modifi- cation or revocation of a license; (f) ensuring that an appropriate inspection regime forms part of the regu- latory oversight of nuclear installations. (2) The Agency shall ensure that the national framework is maintained and improved when appropriate. (3) The Agency shall ensure that the national framework includes, as appro- priate, arrangements for nuclear safety education and training for staff having responsibilities in nuclear installations. (4) The Agency shall, at least once every ten years, arrange that an assess- ment is carried out of the national framework and its role as competent auth- ority and any relevant segment, as the Agency may so decide, is subject to peer review in line with the provisions of Article 8e of the Directive. The outcomes of such peer reviews shall be reported to the Member States and Commission, when available. 4 [332] Reporting 7. The Agency shall report to the Minister and the European Commission on the implementation of the Directive as required. 8. The Radiological Protection Act 1991 (Nuclear Safety) Order 2011 (S.I. No. 390/2011) is hereby revoked. GIVEN under the Official Seal of the Minister for Communications, Climate Action and Environment, 24 July 2017. DENIS NAUGHTEN, Minister for Communications, Climate Action and Environment. [332] 5 EXPLANATORY NOTE (This note is not part of the Instrument and does not purport to be a legal interpretation.) These Regulations transpose Directive 2014/87/Euratom of the European Council of 8 July 2014 amending Directive 2009/71/Euratom which established a Community framework for the nuclear safety of nuclear installations. The objective of Directive 2014/87/Euratom is to strengthen the nuclear safety framework of the EU by amending the previous Nuclear Safety Directive. The strengthening of provisions in this area was called for by the EU Heads of State or Government following the 2011 nuclear accident in Fukushima, Japan.

Article 4 of these Regulations applies to civilian nuclear installations and is without prejudice to the provisions of the Electricity Regulation Act,1999 (No.23 of 1999). Section 18 (6) of the Electricity Regulation Act places a prohib- ition on the use of nuclear fission within the State for the generation of electricity.

Article 5 of these Regulations establishes the Environmental Protection Agency as the competent authority in the State for the purpose of these Regu- lations and the Directive.

Article 6 of these Regulations requires the Environmental Protection Agency, where appropriate, to establish and maintain a national, regulatory and organis- ational framework for nuclear safety along with ensuring that an appropriate inspection regime form part of the regulatory oversight of nuclear installations.

Article 7 of these Regulations sets out the reporting obligations of the Environmental Protection Agency.

Article 8 of these Regulations states that the Radiological Protection Act 1991 (Nuclear Safety) Order 2011 (S.I. No. 390/2011) is hereby revoked. BAILE ÁTHA CLIATH ARNA FHOILSIÚ AG OIFIG AN tSOLÁTHAIR Le ceannach díreach ó FOILSEACHÁIN RIALTAIS, 52 FAICHE STIABHNA, BAILE ÁTHA CLIATH 2 (Teil: 01 - 6476834 nó 1890 213434; Fax: 01 - 6476843) nó trí aon díoltóir leabhar. —————— DUBLIN PUBLISHED BY THE STATIONERY OFFICE To be purchased from GOVERNMENT PUBLICATIONS, 52 ST. STEPHEN'S GREEN, DUBLIN 2. (Tel: 01 - 6476834 or 1890 213434; Fax: 01 - 6476843) or through any bookseller. —————— €2.54 Wt. (B32917). 305. 7/17. Essentra. Gr 30-15.