COMMISSION OPINION

of 10 November 2020

relating to the plan for the disposal of radioactive waste arising from the Dessel Surface Repository located in Belgium

(Only the French and Dutch texts are authentic)

(2020/C 383/01)

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 18 December 2019, the European Commission received from the Government of Belgium, 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 Dessel Surface Repository.

On the basis of these data and additional information requested by the Commission on 4 February 2020 and provided by the Belgian authorities on 4 August 2020 and following consultation with the Group of Experts, the Commission has drawn up the following opinion:

1. The distance between the disposal facility and the nearest point of another Member State, in this case the Netherlands is 11 km.

2. During the disposal facility’s operational period: — Radioactive waste will be emplaced without intention of retrieval. — The disposal facility will not be subjected to a discharge authorisation for airborne and liquid radioactive effluents. Under normal operating conditions the disposal facility will release neither airborne nor liquid radioactive effluents. — 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 in 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 (Directive 2013/59/Euratom) (3).

3. Beyond the disposal facility’s operational period: The measures envisaged for the final closure of the disposal facility as described in the General Data provide reliance 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 plan for the disposal of radioactive waste in whatever form, arising from the Dessel Surface Repository located in Belgium, 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, in respect of the provisions laid down in the Basic Safety Standards (Directive 2013/59/Euratom).

Done at Brussels, 10 November 2020. For the Commission Kadri SIMSON 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 2013/59/Euratom of 5 December 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation (OJ L 13, 17.1.2014, p. 1).