In its October 2023 infringements package, the European Commission has opened a formal infringement procedure against Denmark for failing to fully transposing a Directive under the auspices Euratom, sending sending the Member State a letter of formal notice.
Directive 2013/59/Euratom sets down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and requires Member States to transpose the Directive into their respective national legal orders. The Directive’s purposes is:
- to protect members of the public, workers and patients against the dangers arising from exposure to ionising radiation, and,
- to ensure emergency preparedness and response provisions in the case of a nuclear accident.
The Commission is arguing that law in Denmark, notwithstanding the demands of the Directive, does not properly transpose various provisions, including those regarding those on:
- the carrying out of medical radiological procedures,
- the management of existing exposure situations,
- the estimation of radiation doses from authorised practices,
- the monitoring, evaluation and reporting of radioactive discharges,
- the allocation of human and financial resources to the radiation protection competent authority, and,
- the elements to be included in an emergency response plan.
In an infringement procedure, after the Commission has sent a letter of formal notice, Denmark has two months to reply to the Commission. Thereafter, if the Commission is still not satisfied with the implementation of the Directive, it may choose to escalate the matter to the next stage, by issuing a reasoned opinion.
More information on the Commission’s infringement procedure against Denmark in case INFR(2023)2122 can be found here.