Today, the Commission has decided to refer Italy to the Court of Justice of the EU due to its failure to transpose the revised basic safety standards for protection against the dangers arising from exposure to ionising radiation (Council Directive 2013/59/Euratom). The Directive modernises and consolidates European radiation protection legislation. These rules lay down basic safety standards to protect workers, members of the public, and patients against the dangers arising from exposure to ionising radiation. This also includes emergency preparedness and response provisions that were strengthened following the Fukushima nuclear accident. In December 2013, Member States agreed to transpose the Directive by 6 February 2018 and to communicate to the Commission the measures and provisions adopted in national law.
In May 2018, the Commission decided to open EU infringement proceedings against Italy by sending a letter of formal notice, followed by a reasoned opinion in January 2019. To date, no legislation transposing the Directive into Italian national law has been adopted and/or notified to the Commission by the Italian authorities. Therefore, the Commission has decided to refer Italy to the Court.
Background
The Euratom Treaty empowers the Community to establish basic safety standards to protect the health of workers and the general public against dangers arising from ionising radiation.
The first Euratom Basic Safety Standards Directive was adopted in 1959 and has since been regularly updated. The latest revision from December 2013 took account of the scientific and technological progress since the 1990s, and consolidated five earlier legal acts into a single piece of legislation.
Furthermore, the Basic Safety Standards Directive, inter alia, strengthened the requirements on emergency preparedness and response in case of radiological emergency, and provided for radiation protection education, training and provision of information to the public.
Once fully implemented, the Basic Safety Standards Directive will bring the highest level of radiation protection of workers, patients and the general public across the EU.
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