EN Official Journal of the European Union C 27/1

COMMISSION OPINION

of 26 January 2017

relating to the plan for the disposal of radioactive waste arising from the decommissioning and the dismantling of the Unterweser KKU Nuclear Power Plant located in Germany, in accordance with Article 37 of the Euratom Treaty

(only the German text is authentic)

(2017/C 27/01)

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 29 March 2016, the European Commission received from the German Government, 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 decommissioning and the dismantling of the Unterweser KKU nuclear power plant.

On the basis of these data and additional information requested by the Commission on 4 July 2016 and provided by the German authorities on 18 August 2016, 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 decommissioning and dismantling operations of the Unterweser KKU nuclear power plant, the discharges of liquid and gaseous radioactive effluents are 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 Directive (3) as well as in the new Basic Safety Standards Directive (4).

3. Solid radioactive waste is temporarily stored on site before shipment to licensed treatment or disposal facilities located in Germany. Non-radioactive solid waste and residual materials in compliance with clearance levels will be released from regulatory control for disposal as conventional waste or for reuse or recycling. This will be done in compliance with the criteria laid down in the Basic Safety Standards Directive as well as in the new Basic Safety Standards Directive.

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 new Basic Safety Standards Directive.

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 decommissioning and the dismantling of the Unterweser KKU nuclear power plant, located in 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 Directive as well as in the new Basic Safety Standards Directive.

Done at Brussels, 26 January 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, Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment, as well as to the Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora and 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).

(4) 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 with effect from 6 February 2018 (OJ L 13, 17.1.2014, p. 1).