# C_2023163EN.01000101.xml

| 8.5.2023 | EN | Official Journal of the European Union | C 163/1 |
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8.5.2023

EN

Official Journal of the European Union

C 163/1

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COMMISSION OPINION

of 5 May 2023

relating to the modified plan for the disposal of radioactive waste arising from the Loviisa low and intermediate level waste repository located at the Loviisa site in Finland

(Only the Finnish and Swedish texts are authentic)

(2023/C 163/01)

The assessment below is carried out under the provisions of Article 37 of the Euratom Treaty, without prejudice to any additional assessments to be carried out under the Treaty on the Functioning of the European Union and the obligations stemming from it and from secondary legislation (1).

On 3 October 2022, the European Commission received from the Government of Finland, in accordance with Article 37 of the Euratom Treaty, the General Data relating to the modified plan for the disposal of radioactive waste (2) arising from the Loviisa low and intermediate level waste repository. The submission includes the new construction in the repository for the disposal of the decommissioning waste from the Loviisa power plant, and small amounts of radioactive waste generated elsewhere in Finland.

On the basis of these data and additional information requested by the Commission on 8 December 2022 and provided by the Finnish authorities on 1 February 2023, and following consultation with the Group of Experts, the Commission has drawn up the following opinion:

| 1. | The distance from the site to the nearest border of another Member State, in this case Estonia is 58 km. The distance to the Russian Federation is 45 km. |
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1.

The distance from the site to the nearest border of another Member State, in this case Estonia is 58 km. The distance to the Russian Federation is 45 km.

| 2. | During the operational period of the disposal facility:
  The modified plan still envisages that radioactive waste will be emplaced without intention of retrieval.
  Under normal operating conditions the repository will release neither airborne nor liquid radioactive effluents.
  In the event of unplanned releases of radioactive effluents which may follow an accident of the type and magnitude considered in the modified plan, these releases are not liable to result in a radioactive contamination of the water, soil or airspace of another Member State or a neighbouring country which is significant from the point of view of health, in compliance with the provisions of the Basic Safety Standards Directive (3). |
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2.

During the operational period of the disposal facility:

The modified plan still envisages that radioactive waste will be emplaced without intention of retrieval.

Under normal operating conditions the repository will release neither airborne nor liquid radioactive effluents.

In the event of unplanned releases of radioactive effluents which may follow an accident of the type and magnitude considered in the modified plan, these releases are not liable to result in a radioactive contamination of the water, soil or airspace of another Member State or a neighbouring country which is significant from the point of view of health, in compliance with the provisions of the Basic Safety Standards Directive (3).

| 3. | Beyond the operational period of the disposal facility:
  The measures envisaged, in the modified plan, for the final closure of the repository as described in the General Data provide assurance that the conclusions under point 2 above will remain valid in the long term.
  In conclusion, the Commission is of the opinion that the implementation of the modified plan for the disposal of radioactive waste in whatever form arising from the Loviisa low and intermediate level waste repository, located at the Loviisa site in Finland, during its normal operational life and after its final closure, as well as in the event of accidents of the type and magnitude considered in the General Data, is not liable to result in a radioactive contamination, significant from the point of view of health, of the water, soil or airspace of another Member State or a neighbouring country, in respect of the provisions laid down in the Basic Safety Standards. |
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3.

Beyond the operational period of the disposal facility:

The measures envisaged, in the modified plan, for the final closure of the repository as described in the General Data provide assurance that the conclusions under point 2 above will remain valid in the long term.

In conclusion, the Commission is of the opinion that the implementation of the modified plan for the disposal of radioactive waste in whatever form arising from the Loviisa low and intermediate level waste repository, located at the Loviisa site in Finland, during its normal operational life and after its final closure, as well as in the event of accidents of the type and magnitude considered in the General Data, is not liable to result in a radioactive contamination, significant from the point of view of health, of the water, soil or airspace of another Member State or a neighbouring country, in respect of the provisions laid down in the Basic Safety Standards.

Done at Brussels, 5 May 2023.

For the Commission

Kadri SIMSON

Member of the Commission

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(1)  For instance, under the Treaty on the Functioning of the European Union, environmental aspects should be further assessed. Indicatively, the Commission would like to draw attention to the provisions of Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment, as amended by Directive 2014/52/EU; to Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment, as well as to Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora and to Directive 2000/60/EC establishing a framework for Community action in the field of water policy.

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(2)  The disposal of radioactive waste in the meaning of point 1 of Commission Recommendation 2010/635/Euratom of 11 October 2010 on the application of Article 37 of the Euratom Treaty (OJ L 279, 23.10.2010, p. 36).

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(3)  Council Directive 2013/59/Euratom of 5 December 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom (OJ L 13, 17.1.2014, p. 1).

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