“The primary responsibility of the licence holder”: a principle of European nuclear Law

Abstract

The very special nature of radioactive waste triggers variable challenges to the allocation of responsibilities between the state and waste generators. To identify some clear delineation between the responsibility of the waste generator (operator of nuclear power plant, of a research reactor, reprocessing facility, or other industrial or medical licence holder) and that of the concerned state to protect its citizens, this contribution turns its attention to the legal framework created in this field of by means of European law. In order to identify some clear delineation between the responsibility of the waste generator (licence holder) and that of the state to protect its citizens, we turn our attention to the legal framework created in the field of radioactive waste management by means of European law. In the following parts, major legal instruments will be examined, analysing the allocation of responsibility between the waste generator and the state in whose territory radioactive waste is produced.