EN Official Journal of the European Union C 379/3

COMMISSION OPINION

of 7 November 2017

relating to the plan for the disposal of radioactive waste arising from the Unterweser Radioactive Waste Storage Facility, located on the site of the Unterweser KKU nuclear power plant in the Land of Lower Saxony, Germany

(Only the German text is authentic)

(2017/C 379/02)

The assessment below is carried out under the provisions 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 17 February 2017, the European Commission received from the Government of Germany, in accordance with Article 37 of the Euratom Treaty, General Data relating to the plan for the disposal of radioactive waste (2) arising from the Unterweser Radioactive Waste Storage Facility.

On the basis of these data and additional information requested by the Commission on 25 April 2017 and provided by the German authorities on 29 June 2017, and following consultation with the Group of Experts, the Commission has drawn up the following opinion:

1. The distance between the site and the nearest border with another Member State, in this case The Netherlands is 90 km.

2. During normal operating conditions, the Unterweser Radioactive Waste Storage Facility will not discharge liquid or gaseous radioactive effluents into the environment. Hence this facility will not be subject to a regulatory discharge authorisation for such effluents. The facility is thus not liable to cause an exposure of the population in another Member State that would be significant from the point of view of health, in respect of the dose limits laid down in the Basic Safety Standards Directives (3).

3. Secondary solid radioactive waste is temporarily stored on site before shipment to licensed treatment or disposal facilities located in Germany.

4. In the event of unplanned releases of radioactive effluents that may follow the accidents of the type and magnitude considered in the General Data, the doses likely to be received by the population of another Member State would not be significant from the point of view of health, in respect of the reference levels laid down in the Basic Safety Standards Directives.

In conclusion, the Commission is of the opinion that the implementation of the plan for the disposal of radioactive waste in whatever form, arising from the Unterweser Radioactive Waste Storage Facility, located on the site of the Unterweser KKU nuclear power plant in the Land of Lower Saxony, Germany, both in normal operation and in the event of the 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, in respect of the provisions laid down in the Basic Safety Standards Directives.

Done at Brussels, 7 November 2017. For the Commission Miguel ARIAS CAÑETE Member of the Commission

(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.

(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).

(3) Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation (OJ L 159, 29.6.1996, p. 1) and 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) with effect from 6 February 2018.