Court of Justice of the European Communities (including Court of First Instance Decisions)

Relevant legislation

Community law

'Pending the establishment, at Community level, of a uniform system for the radiological protection of outside workers, such as a computer network, recourse shall be had:

(a) on a transitional basis, in accordance with the common provisions set out in Annex I, to

- a centralised national network, or

- the issuing of an individual radiological monitoring document to every outside worker, in which case the common provisions of Annex II shall also apply;

(b) in the case of cross-frontier outside workers, and until the date of establishment of a system within the meaning of paragraph 2, to the individual document referred to in (a).'

'Outside undertakings shall, either directly or through contractual agreements with the operators, ensure the radiological protection of their workers in accordance with the relevant provisions of Titles III to VI of Directive 80/836/Euratom, and in particular:

(a) ensure compliance with the general principles and the limitation of doses referred to in Articles 6 to 11 thereof;

(b) provide the information and training in the field of radiation protection referred to in Article 24 thereof;

(c) guarantee that their workers are subject to assessment of exposure and medical surveillance under the conditions laid down in Articles 26 and 28 to 38 thereof;

(d) ensure that the radiological data of the individual exposure monitoring of each of their workers within the meaning of Annex I, part II to this Directive are kept up to date in the networks and individual documents referred to in Article 4(2).'

'1. The operator of a controlled area in which outside workers perform activities shall be responsible, either directly or through contractual agreements, for the operational aspects of their radiological protection which are directly related to the nature of the controlled area and of the activities.

2. In particular, for each outside worker performing activities in a controlled area, the operator must:

(a) check that the worker concerned has been passed as medically fit for the activities to be assigned to him;

(b) ensure that, in addition to the basic training in radiation protection referred to in Article 5(1)(b), he has received specific training in connection with the characteristics of both the controlled area and the activities;

(c) ensure that he has been issued with the necessary personal protective equipment;

(d) also ensure that he receives individual exposure monitoring appropriate to the nature of the activities, and any operational dosimetric monitoring that may be necessary;

(e) ensure compliance with the general principles and limitation of doses referred to in Articles 6 to 11 of Directive 80/836/Euratom;

(f) ensure or take all appropriate steps to ensure that after every activity the radiological data of individual exposure monitoring of each outside worker within the meaning of Annex I, Part III, are recorded.'

Belgian law

'Outside undertakings shall, either directly or through contractual agreements with the operators, ensure the radiological protection of their workers in accordance with Articles 13 to 19 of this Decree, and in particular:

1° guarantee that their workers are subject to assessment of exposure and medical surveillance under the conditions laid down in Articles 13 and 16 of this Decree;

2° ensure that the radiological data of the individual exposure monitoring of each of their workers are kept up to date in the individual documents of outside workers exposed to ionising radiation or in the centralised national networks.'

'The operator of a controlled area in which outside workers perform activities shall be responsible, either directly or through contractual agreements, for the operational aspects of their radiological protection which are directly related to the nature of the controlled area and of the activities.

In particular, for each outside worker performing activities in a controlled area, the operator must:

1° check that that outside worker has been passed as medically fit for the activities to be assigned to him. Prior to the activities, the outside undertaking shall provide to the operator's works doctor the individual exposure monitoring documents mentioned in Articles 28 and 29 so as to verify that each worker has been passed as medically fit for the activities which have been assigned to him;

2° also ensure that that outside worker receives individual exposure monitoring appropriate to the nature of the activities, and any operational dosimetric monitoring that may be necessary;

3° take all appropriate steps to ensure that, after every activity, the radiological data of individual exposure monitoring of each outside worker are recorded in the individual documents of outside workers occupationally exposed to ionising radiation or in the centralised national networks.'

'Section VI. Operational protection of outside workers exposed to the risk of ionising radiation during their activities in controlled areas.

Art. 37b. - General Provisions.

The system of radiological monitoring of outside workers shall provide protection equal to that provided for workers employed on a permanent basis by an operator.

Art. 37c. - Obligations of Outside Undertakings.

Outside undertakings shall, either directly or through contractual agreements with the operators, ensure the radiological protection of their workers in accordance with the provisions laid down in Chapter III, and in particular:

(a) ensure compliance with the general principles and the limitation of doses;

(b) provide the information and training in the field of radiation protection referred to in Article 25.

Art. 37d. - Obligations of Operators.

The operator of a controlled area in which outside workers perform activities shall be responsible, either directly or through contractual agreements, for the operational aspects of their radiological protection which are directly related to the nature of the controlled area and of the activities.

In particular, for each outside worker performing activities in a controlled area, the operator must:

(a) ensure that, in addition to the basic training in radiation protection referred to in Chapter III Section II, he has received specific training in connection with the characteristics of both the controlled area and the activities;

(b) ensure that he has been issued with the necessary personal protective equipment;

(c) ensure compliance with the general principles and limitation of doses.'

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