This document provides an overview of key conventions and EU laws regarding public participation in nuclear decisions: - The Aarhus Convention and Espoo Convention both address public participation in decisions around nuclear power and radioactive waste facilities. The EU and its member states are parties to both conventions. - The Aarhus Convention grants the public participatory rights in environmental decision-making. It specifically lists nuclear power and radioactive waste activities that require public participation. - The Espoo Convention aims to ensure public participation and prevent transboundary environmental impacts from activities like nuclear power plants. It establishes an intergovernmental process for transboundary consultation. - EU laws have transposed the conventions, including the EIA Directive which

1. PUBLIC PARTICATION IN THE NUCLEAR SECTOR:
THE AARHUS AND ESPOO CONVENTIONS
Georges KREMLIS
Head of Unit E1, DG Environment
EUROPEAN COMMISSION

2. Content of the presentation
• - Aarhus Convention in brief
• EU law & Aarhus Convention
• Public participation in decision-making
• - Espoo Convention in brief
• EU law & Espoo Convention
• Public participation and transboundary consultation
• Nuclear activities, as featured in the Aarhus Convention,
Espoo Convention, and the SEA/EIA Directives
• - Euratom Treaty in brief

3. Aarhus Convention• Adopted on 25 June 1998 and in
force since 30 October 2001
• 47 Parties, including EU
• "Environmental democracy tool"
– linking environment & human
rights throughout its three pillars
• Granting participatory rights to
public
• Defining, inter alia: "Public
authority", "Public" and "Public
concerned"
• Convention Bodies:
• Meeting of the Parties
• Working Group
• Task Forces
• Compliance Committee (ACCC)
• Open to non-ECE countries
http://www.unece.org/env/pp/aarhus/map.html

4. The Aarhus Convention & EU Law –
an overview
• The Aarhus Convention is part of EU law …
• EU and all its Member States are Parties to the Convention
- 2005/370/EC – Council Decision of 16 February 2005 on the conclusion, on behalf of the
European Community of the Convention on access to information, public participation in
decision-making and access to justice in environmental matters;
- Declaration of competence – mixed agreement.
• EU "transposing legislation"
• - Regulation 1367/2006 for the institutions
• - a proposal for a Directive on access to justice in environmental matters of the European
Parliament and of Council (24.10.2003, COM(2003)624,) withdrawn in 2014.
• Pending adoption of COM notice on Access to Justice.
• - Directive 2003/4/CE on access to information
• - Directive 2003/35/CE on public participation
• - Directive 2011/92/EU - EIA
• - Directive 2001/42/EC – SEA

5. • Public participation in decisions on specific activities (Article
6(1)(a) and Annex I of the Convention).
• Activities not listed in Annex I which may have significant
effect on the environment.
• Plans, programmes and policies relating to environment
(Article 7).
• Executive regulations and law that may have a significant
effect on the environment (Article 8)
• Public participation at an appropriate stage, and while options are still
open.
The Aarhus Convention:
Public participation in decision-making

6. Nuclear activities & Aarhus Convention
Article 6 (1)
[public
participation]
Each Party (a) shall apply the provisions of this article with respect to decisions on whether to
permit proposed activities listed in annex I; (b) shall, in accordance with its national law, also
apply the provisions of this article to decisions on proposed activities not listed in annex I which
may have a significant effect on the environment.
Annex I,
List of
activities
referred to in
Article 6(1)
(a)
1. Energy sector: […] - Nuclear power stations and other nuclear reactors including the
dismantling or decommissioning of such power stations or reactors (except research
installations for the production and conversion of fissionable and fertile materials whose
maximum power does not exceed 1 kW continuous thermal load);
- Installations for the reprocessing of irradiated nuclear fuel;
- Installations designed:
- For the production or enrichment of nuclear fuel;
- For the processing of irradiated nuclear fuel or high-level radioactive waste;
- For the final disposal of irradiated nuclear fuel;
- Solely for the final disposal of radioactive waste;
- Solely for the storage (planned for more than 10 years) of irradiated nuclear fuels or
radioactive waste in a different site than the production site.
22. Any change to or extension of activities, where such a change or extension in itself meets
the criteria/thresholds set out in this annex, shall be subject to Article 6(1)(a). Any other
change or extension of activities shall be subject to Article 6(1)(b) of this Convention.
Scope of the Aarhus Convention – Public participation

7. The Espoo Convention
• Adopted in 1991 as a regional MEA and in force
since 10 September 1997.
• 45 Parties, including EU.
• Key international instrument aiming to
ensure that Parties shall take all appropriate
and effective measures to prevent, reduce and
control significant adverse transboundary
environmental impact from proposed
activities (see Appendix I)
• Defining, inter alia: "Public", "Impact",
"Transboundary impact".
• Convention bodies:
• Meeting of the Parties
• Working Group (EIA & SEA); Bureau.
• Implementation Committee
• Open to non-ECE countries – not effectively -
following the entry into force of the first amendment,
which requires to be ratified by all signatories before
producing effect. The SEA Protocol is open to all.

8. The Espoo Convention:
Transboundary consultation procedure & public participation
Intergovernmental procedure
Party of Origin informs the Affected Party (-ies) •Articles 3(2), 2(6), 4(2)
The Affected Party responds, if it
wants to participate in the
procedure
• If 'NOT' – the procedure closes
here
The Party of origin submits the required
documents, etc. Public of the affected Party
shall be consulted too.
•Article 5

9. Nuclear activities & Espoo Convention (1/2)
Article 1
(v) "Proposed activity" means any activity or any major change to an activity
subject to decision of a competent authority in accordance with an applicable
national procedure. (ix) "Competent authority" means the national authority or
authorities designated by a Party as responsible for performing the tasks covered
by this Convention and/or the authority or authorities entrusted by a Party with
decision-making powers regarding a proposed activity;
Article 2 2. Each Party shall take the necessary legal, administrative or other measures to
implement the provisions of this Convention, including, with respect to proposed
activities listed in Appendix I that are likely to cause significant adverse
transboundary impact, the establishment of an environmental impact assessment
procedure that permits public participation and preparation of the environmental
impact assessment documentation described in Appendix II.
Appendix I,
List of activities
2. […] nuclear power stations and other nuclear reactors (except research
installations for the production and conversion of fissionable and fertile materials,
whose maximum power does not exceed 1 kilowatt continuous thermal load).
Scope of the Espoo Convention – public participation

10. Nuclear activities & Espoo Convention (2/2)
Appendix I,
List of activities, as
revised by the
second amendment
of the Espoo
Convention
2.(b) Nuclear power stations and other nuclear reactors, including the dismantling or
decommissioning of such power stations or reactors 1/ (except research installations
for the
production and conversion of fissionable and fertile materials, whose maximum
power does not
exceed 1 kilowatt continuous thermal load).
3. (a) Installations for the reprocessing of irradiated nuclear fuel;
(b) Installations designed:
- For the production or enrichment of nuclear fuel;
- For the processing of irradiated nuclear fuel or high-level radioactive waste;
- For the final disposal of irradiated nuclear fuel;
- Solely for the final disposal of radioactive waste; or
- Solely for the storage (planned for more than 10 years) of irradiated nuclear fuels
or radioactive waste in a different site than the production site.
Scope of the Espoo Convention – Annex I, as amended by the
second amendment (not in force yet – 1 ratification missing)

11. The Espoo Convention & EU Law –
an overview (1/2)
Directive 2011/92/EU (EIA
Directive)
Article 7, EIA Directive
Annex I, EIA Directive – projects
subject to EIA procedure
Annex II, EIA Directive – projects,
subject to screening procedure
Espoo Convention
EU and its Member States are
Parties to the Espoo Convention
Appendix I – List of activities
Intergovernmental character of
the process
EU Declaration upon ratification –
mixed agreement
CJEU Case law -> 'project'
implies works, interventions in
physical environment

12. Directive 2014/52/EU,
amending Directive 2011/92/EU (EIA Directive):
relevant amendments for transboundary consultations
The Espoo Convention & EU Law –
an overview (2/2)
• To coordinate and facilitate the assessment
procedures for cross-border projects, and, in
particular, to conduct consultations in
accordance with the Espoo Convention, the
Member States concerned may set up on the
basis of equal representation, a joint body.
Article 7:
amended
• Streamlining the environmental assessments.
• Commission guidance document on
streamlining environmental assessments
concluded under Article 2(3), OJ 27.07.2016, C
273
Article 2(3):
amended

13. Nuclear activities & EIA Directive
Annex I, Point 2
(b)
Annex I, Point 3
Annex I, point 24
2 (b). Nuclear power stations and other nuclear reactors including the dismantling or
decommissioning […].
3. (a) Installations for the reprocessing of irradiated nuclear fuel; (b) Installations designed:
(i) for the production or enrichment of nuclear fuel;
(ii) for the processing of irradiated nuclear fuel or high-level radioactive waste;
(iii) for the final disposal of irradiated nuclear fuel;
(iv) solely for the final disposal of radioactive waste;
(v) solely for the storage (planned for more than 10 years) of irradiated nuclear fuels
or radioactive waste in a different site than the production site.
Nuclear power stations and other nuclear reactors cease to be such an installation
when all nuclear fuel and other radioactively contaminated elements have been
removed permanently from the installation site.
24. Any change to or extension of projects listed in this Annex where such a change or extension in
itself meets the thresholds, if any, set out in this Annex.
Annex II, Point 13
(a)
13 (a). Any change or extension of projects listed in Annex I or Annex II, already authorised,
executed or in the process of being executed, which may have significant adverse effects on the
environment (change or extension not included in Annex I);
Scope of the EIA Directive – Annex I and II list of projects

14. Euratom Treaty competences
Nuclear
safety
Nuclear
safeguards
Fuel supply
policy (ESA)
Emergency
preparedness
and response
Insurance and
third-party
liability
Waste
management
Radiation
protection
International
relations

15. Safety
objective
Transparency
Nuclear safety
culture
Independent
regulatory
authority
Peer reviews
Continuous
improvement
of nuclear
safety
Nuclear Safety Directive (2009 & 2014)
Emergency
preparedness
and response

16. Radioactive Waste
Directive (2011)
● Legally binding and
enforceable standards
for managing radioactive
waste and spent fuel
● By August 2015:
National programmes
● Strict control of exports
of spent fuel and
radioactive waste
(outside EU)
16

17. Education and
Training
Regulatory
Control
Emergency
preparedness
and response
Protection of
workers,
members of the
public and
patients
Euratom
basic safety
standards
Other
requirements
Justification
Dose Limits Optimisation
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18. Thank you for your attention!