Directive 2009/71/Euratom is amended as follows:

the heading of Chapter 1 is replaced by the following:

‘OBJECTIVES, SCOPE AND DEFINITIONS’.

Article 2 is amended as follows:

paragraph 1 is replaced by the following:

‘1. This Directive shall apply to any civilian nuclear installation subject to a licence.’;

paragraph 3 is replaced by the following:

‘3. This Directive supplements the basic standards referred to in Article 30 of the Treaty as regards the nuclear safety of nuclear installations and is without prejudice to the existing Community legislation for the protection of the health of the workers and the general public against the dangers arising from ionising radiation, and in particular Council Directive 2013/59/Euratom ( *1 ) .

( *1 ) Council Directive 2013/59/Euratom of 5 December 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom ( OJ L 13, 17.1.2014, p. 1 ).’."

Article 3 is amended as follows:

paragraph 1(a) is replaced by the following:

the following paragraphs are added:

“accident” means any unintended event, the consequences or potential consequences of which are significant from the point of view of radiation protection or nuclear safety;

“incident” means any unintended event, the consequences or potential consequences of which are not negligible from the point of view of radiation protection or nuclear safety;

“abnormal operations” means an operational process deviating from normal operation which is expected to occur at least once during the operating lifetime of a facility but which, in view of appropriate design provisions, does not cause any significant damage to items important to safety or lead to accident conditions;

“design basis” means the range of conditions and events taken explicitly into account in the design, including upgrades, of a nuclear installation, according to established criteria, so that the installation can withstand them without exceeding authorised limits by the planned operation of safety systems;

“design basis accident” means accident conditions against which a nuclear installation is designed according to established design criteria, and for which the damage to the fuel, where applicable, and the release of radioactive material are kept within authorised limits;

“severe conditions” means conditions that are more severe than conditions related to design basis accidents; such conditions may be caused by multiple failures, such as the complete loss of all trains of a safety system, or by an extremely unlikely event.’.

In Chapter 2, the following title is inserted after the heading ‘OBLIGATIONS’:

‘SECTION 1

General obligations’.

Article 4(1) is replaced by the following:

‘1. Member States shall establish and maintain a national legislative, regulatory and organisational framework (“national framework”) for the nuclear safety of nuclear installations. The national framework shall provide in particular for:

the allocation of responsibilities and coordination between relevant state bodies;

national nuclear safety requirements, covering all stages of the lifecycle of nuclear installations;

a system of licensing and prohibition of operation of nuclear installations without a licence;

a system of regulatory control of nuclear safety performed by the competent regulatory authority;

effective and proportionate enforcement actions, including, where appropriate, corrective action or suspension of operation and modification or revocation of a licence.

The determination on how national nuclear safety requirements referred to in point (b) are adopted and through which instrument they are applied remains within the competences of the Member States;’.

In Article 5, paragraphs 2 and 3 are replaced by the following:

‘2. Member States shall ensure the effective independence from undue influence of the competent regulatory authority in its regulatory decision-making. For this purpose, Member States shall ensure that the national framework requires that the competent regulatory authority:

is functionally separate from any other body or organisation concerned with the promotion or utilisation of nuclear energy, and does not seek or take instructions from any such body or organisation when carrying out its regulatory tasks;

takes regulatory decisions founded on robust and transparent nuclear safety-related requirements;

is given dedicated and appropriate budget allocations to allow for the delivery of its regulatory tasks as defined in the national framework and is responsible for the implementation of the allocated budget;

employs an appropriate number of staff with qualifications, experience and expertise necessary to fulfil its obligations. It may use external scientific and technical resources and expertise in support of its regulatory functions;

establishes procedures for the prevention and resolution of any conflicts of interest;

provides nuclear safety-related information without clearance from any other body or organisation, provided that this does not jeopardise other overriding interests, such as security, recognised in relevant legislation or international instruments.

3. Member States shall ensure that the competent regulatory authority is given the legal powers necessary to fulfil its obligations in connection with the national framework described in Article 4(1). For this purpose, Member States shall ensure that the national framework entrusts the competent regulatory authorities with the following main regulatory tasks, to:

propose, define or participate in the definition of national nuclear safety requirements;

require that the licence holder complies and demonstrates compliance with national nuclear safety requirements and the terms of the relevant licence;

verify such compliance through regulatory assessments and inspections;

propose or carry out effective and proportionate enforcement actions.’.

Articles 6, 7 and 8 are replaced by the following:

COUNCIL DIRECTIVE 2014/87/EURATOM of 8 July 2014 amending Directive 2009/71/Euratom establishing a Community framework for the nuclear safety of nuclear installations