EN Official Journal of the European Union C 321/3

COMMISSION OPINION

of 27 September 2017

relating to the plan for the disposal of radioactive waste arising from the Radiana National Disposal Facility, located adjacent to the Kozloduy Nuclear Power Plant site in Bulgaria

(Only the Bulgarian text is authentic)

(2017/C 321/02)

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 6 April 2017, the European Commission received from the Government of Bulgaria, 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 Radiana National Disposal Facility.

On the basis of these data and additional information requested by the Commission on 22 May 2017 and provided by the Bulgarian authorities on 21 June 2017, 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 Romania is 5 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 not release 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 Directives (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 Radiana National Disposal Facility located adjacent to the Kozloduy nuclear power plant site in Bulgaria, 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 Directives.

Done at Brussels, 27 September 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 with effect from 6 February 2018 (OJ L 13, 17.1.2014, p. 1).