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Article 5 Competent regulatory authority

United Kingdom

Original text. Later amendments are not shown.

1.

Member States shall establish and maintain a competent regulatory authority in the field of nuclear safety of nuclear installations.

F12.

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:

(a)

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;

(b)

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

(c)

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;

(d)

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;

(e)

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

(f)

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:

(a)

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

(b)

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

(c)

verify such compliance through regulatory assessments and inspections;

(d)

propose or carry out effective and proportionate enforcement actions.

Annotations

Textual amendments

F1

Substituted by 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.

Notes on Section 1

Textual amendments

F1

Inserted by 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.