ddrg/super_eurlex huggingface dataset:
****

( 1 ) OJ NO L 33 , 8 . 2 . 1979 , P . 33 .

( 2 ) OJ NO L 315 , 11 . 12 . 1979 , P . 16 .

COMMISSION OPINION

OF 10 JUNE 1981

ADDRESSED TO THE IRISH GOVERNMENT ON THE IMPLEMENTATION OF :

- COUNCIL DIRECTIVE 79/116/EEC CONCERNING MINIMUM REQUIREMENTS FOR CERTAIN TANKERS ENTERING OR LEAVING COMMUNITY PORTS ( 1 )

- COUNCIL DIRECTIVE 79/1034/EEC AMENDING THE FOREGOING DIRECTIVE ( 2 )

( ONLY THE ENGLISH TEXT IS AUTHENTIC )

( 81/454/EEC )

1 . IN JULY 1980 , IN ACCORDANCE WITH ARTICLE 3 OF EACH OF THE ABOVEMENTIONED DIRECTIVES , THE IRISH PERMANENT REPRESENTATION TO THE EUROPEAN COMMUNITIES SENT THE COMMISSION A COPY OF A DRAFT REGULATION GIVING EFFECT TO THE PROVISIONS OF THESE TWO DIRECTIVES .

2 . ON EXAMINING THE DOCUMENT , THE COMMISSION FOUND THAT IT CONTAINED NO PROVISIONS IMPLEMENTING THE FOLLOWING PROVISIONS OF DIRECTIVE 79/116/EEC :

- ARTICLE 1 ( 1 ) B ( III ), WHICH REFERS TO THE USE OF THE SERVICES PROVIDED BY RADAR STATIONS IN CONDITIONS OF RESTRICTED VISIBILITY ,

- PART OF SECTION D OF THE TANKER CHECK LIST .

HOWEVER , DEROGATIONS ON THESE POINTS ARE PERMITTED BY THE PROVISIONS OF THE DIRECTIVE ITSELF .

3 . NOR DOES THE DRAFT REGULATION INCORPORATE ARTICLE 1 ( 2 ) WHICH STATES THAT IF THE PILOT LEARNS OF ANY DEFICIENCIES WHICH MAY PREJUDICE THE SAFE NAVIGATION OF THE VESSEL HE SHALL IMMEDIATELY REPORT THEM TO THE COMPETENT AUTHORITY .

HOWEVER , THE COMMISSION HAS BEEN INFORMED BY THE IRISH GOVERNMENT THAT THE PILOT IS ALREADY REQUIRED TO DO THIS UNDER IRISH LAW .

4 . AS THE OTHER PROVISIONS CONFORM WITH THE OBLIGATIONS LAID DOWN BY THE DIRECTIVE , THE COMMISSION HEREBY DELIVERS A FAVOURABLE OPINION ON THE DRAFT REGULATION SUBMITTED TO IT .

DONE AT BRUSSELS , 10 JUNE 1981 .

FOR THE COMMISSION

GEORGES CONTOGEORGIS

MEMBER OF THE COMMISSION
COMMISSION OPINION of 16 March 1982 addressed to the Kingdom of Belgium pursuant to Council Regulation (EEC) No 954/79 of 15 May 1979 concerning the ratification by Member States of, or their accession to, the United Nations Convention on a Code of Conduct for Liner Conferences (82/210/EEC)

1. By letter dated 22 December 1981, the Shipping and Inland Navigation Administration of the Ministry of Transport sent to the Commission the following documents, for consultation purposes, under Article 6 of the abovementioned Regulation: - a preliminary draft law concerning the ratification of the United Nations Convention on a Code of Conduct for Liner Conferences, and

- a draft explanatory memorandum on this preliminary draft law.

2. The following comments are called for in the light of examination of these documents:

Preliminary draft

Article 1 In order to comply with Article 1 of Regulation (EEC) No 954/79 of 15 May 1979, the following should be added to Article 1 of the preliminary draft:

"subject to the provisions of Regulation (EEC) No 954/79 of 15 May 1979".

Article 4

This Article should include a statement that the term "national shipping line" in the case of a Member State of the European Economic Community includes any shipping line established on the territory of such Member State in accordance with the EEC Treaty and which satisfies the recognition requirements.

In addition, it should be made clearer in the explanatory memorandum that these companies must be granted equal treatment.

3. The Commission therefore hereby expresses a favourable opinion on the preliminary draft law and explanatory memorandum communicated to it, subject to the above comments, and taking into account the fact that the principles set out in point 2 are mentioned in the explanatory memorandum.

Done at Brussels, 16 March 1982.

For the Commission

Giorgios CONTOGEORGIS

Member of the Commission
*****

COMMISSION OPINION

of 17 July 1985

to the Grand Duchy of Luxembourg concerning a draft Grand Ducal Regulation implementing Council Directive 82/714/EEC laying down technical requirements for inland waterway vessels

(85/394/EEC)

In a letter dated 30 October 1984, the Permanent Representation of Luxembourg to the European Communities sent the Commission, for consultation, the text of a draft Grand Ducal Regulation implementing the Council Directive 82/714/EEC of 4 October 1982 laying down technical requirements for inland waterway vessels (1).

In a letter dated 21 December 1984, the Permanent Representative of Luxembourg to the European Communities sent to the Commission the opinion of the State Council of Luxembourg to this draft Regulation which gave rise to some alterations.

Both communications have been made pursuant to Article 22 of the abovementioned Directive which states that, Member States shall, after consulting the Commission, adopt the provisions necessary to comply with this Directive.

The Commission hereby delivers the following opinion on the abovementioned draft Regulation:

1. The Commission finds that the draft Grand Ducal Regulation implements the provisions of Council Directive 82/714/EEC;

2. The Commission is of the opinion that Article 10 of the draft Grand Ducal Regulation should be extended with a sentence in conformity with the last paragraph of Article 15 of Council Directive 82/714/EEC.

Done at Brussels, 17 July 1985.

For the Commission

Stanley CLINTON DAVIS

Member of the Commission

(1) OJ No L 301, 28. 10. 1982, p. 1.
*****

COMMISSION OPINION

of 20 July 1989

concerning the nuclear fuel reprocessing plants UP3 and UP2800 of the La Hague Establishment (France)

(Only the French text is authentic)

(89/475/Euratom)

The general data concerning the plan for the disposal of radioactive waste from the nuclear fuel reprocessing plants UP3 and UP2800 of the La Hague Establishment were provided by the French Government to the Commission, in accordance with Article 37 of the Euratom Treaty, by letter received on 1 March 1989.

On the occasion of the meeting of the Group of Experts set up pursuant to the Treaty, which took place on 8 June 1989 in Cherbourg, the representatives of the French Government provided further complementary information and details.

On the basis of the data thus obtained and having consulted the Group of Experts the Commission drew up the following opinion:

1. The distance from the installations to Alderney is 20 km, while the other Channel Islands are at a distance of 55 km (Guernsey), 45 km (Sark) and 55 km (Jersey) respectively. The English coast is 105 km away.

2. In normal operation of the said plants, their liquid and gaseous effluent discharges are not liable to give rise to significant exposure of the population of other Member States.

3. Solid radioactive waste is to be stored only temporarily on the La Hague Establishment's site prior to transport to a final storage site under State supervision.

4. In the case of an unplanned release of radioactive effluents which could be occasioned by an accident of the type and magnitude considered in the general data, doses liable to be received in other Member States will not be significant from the health point of view. However, in certain adverse circumstances, doses liable to be received in the Channel Islands might be such as to equire the introduction of countermeasures. to this effect, France has signed bilateral agreements with the United Kingdom concerning the exchange of information in case of nuclear incidents or accidents; these agreements also allow for hypothetical accidents, having radiological consequences more important than those presented in the general data, to be taken into account.

In conclusion, the Commission is of the opinion that the implementation of the plan for the disposal of radioactive waste from the UP3 and UP2800 plants at the La Hague Establishment is not liable, either in normal operation or in the case of an accident of the type and magnitude considered in the general data, to result in radioactive contamination, significant from the point of view of health, of the water, soil or airspace of another Member State; however, in certain severe accidental circumstances, significant levels of contamination might obtain in the Channel Islands, but the projected doses could be reduced at non-significant levels by the introduction of countermeasures.

This opinion is addressed to the French Republic.

Done at Brussels, 20 July 1989.

For the Commission

Carlo RIPA DI MEANA

Member of the Commission
COMMISSION OPINION of 13 December 1990 concerning the extension of the fuel element fabrication plant of Advanced Nuclear Fuels GmbH in Lingen (Federal Republic of Germany) in accordance with Article 37 of the Euratom Treaty (Only the German text is authentic) (90/662/Euratom)

The General Data concerning the plan for the disposal of radioactive waste arising from the extension of the fuel element fabrication plant of Advanced Nuclear Fuels in Lingen were forwarded to the Commission by the German Government, in accordance with Article 37 of the Euratom Treaty, by letter dated 1 June 1990, received on 13 June 1990.

On the basis of the data thus obtained and after consultation of the group of experts, the Commission considers that the conclusions which it reached after examining the general data on the plan for the disposal of radioactive waste arising from the first extension of the plant in 1983 are still valid for the second extension. The Commission is therefore of the opinion that the implementation of the plan for the disposal of radioactive waste arising from the second extension of the fuel element fabrication plant of Advanced Nuclear Fuels GmbH in Lingen is not liable, either in normal operation or in the event of an accident, to result in the radioactive contamination, significant from the point of view of health, of the water, soil or airspace of another Member State.

This opinion is addressed to the Federal Republic of Germany.

Done at Brussels, 13 December 1990.

For the Commission

Carlo RIPA DI MEANA

Member of the Commission
COMMISSION OPINION of 14 April 1992 concerning the plan for the disposal of radioactive waste of the 'Quercus' uranium ore processing plant of ENUSA in Saelices el Chico (Spain) in accordance with Article 37 of the Euratom Treaty (92/254/Euratom)

On 21 October 1991, the Commission of the European Communities received from the Spanish Government, in accordance with Article 37 of the Euratom Treaty, the general data concerning the plan for the disposal of radioactive waste arising from operation of the 'Quercus' uranium ore processing plant of ENUSA in Saelices el Chico (Salamanca).

On the basis of the data thus obtained and after consultation with the group of experts, the Commission drew up the following opinion:

1. The distance between the plan and the nearest point on the territory of another Member State, in this case Portugal, is approximately 14 kilometres; France is at a distance of approximately 510 kilometres.

2. Under normal operating conditions, the discharges of liquid and gaseous effluents will produce an exposure of the population in other Member States that is not significant from the health point of view.

3. The solid radioactive wastes produced have a very low level of radioactivity and are stored in appropriate facilities; geotechnic, environmental and site restoration studies have been made. These studies show that the long-term storage of the solid radioactive wastes does not bring about any significant radiological risks.

4. In the event of unplanned discharges of radioactive waste which may follow an accident of the scale considered in the general data, the doses likely to be received by population in other Member States would not be significant from the health point of view.

In conclusion, the Commission is of the opinion that the implementation of the plan for the disposal of radioactive waste from the 'Quercus' uranium ore processing plant of ENUSA in Saelices el Chico (Salamanca), both in normal operation and in the event of an accident of the magnitude considered in the general data, is not liable to result in radioactive contamination, significant from the point of view of health, of the water, soil or airspace of another Member State.

For de Commission

Carlo RIPA DI MEANA

Member of the Commission
COMMISSION OPINION of 7 March 1994 concerning the plan for the disposal of radioactive waste from the Melox nuclear fuel fabrication plant at the Marcoule nuclear establishment (France) in accordance with Article 37 of the Euratom Treaty (Only the French text is authentic) (94/174/Euratom)

On 10 September 1993 the Commission of the European Communities received, in accordance with Article 37 of the Euratom Treaty, the General Data concerning the plan for the disposal of radioactive waste from the operation of the Melox plant at Marcoule.

On the basis of the data thus obtained and having consulted the Group of Experts referred to in Article 37, the Commission drew up the following opinion:

1. The distance from the installation to the closest point on the territory of another Member State, Italy, is 180 kilometres; Spain and Germany are at a distance of 230 and 435 kilometres respectively.

2. Solid waste resulting from the operation of the Melox plant will be stored in an appropriate nuclear facility on French territory.

3. Under normal operating conditions, the gaseous and liquid effluent discharges will give rise to negligible exposure of the population of other Member States from the point of view of health.

4. In the case of an unplanned discharge of radioactive effluents which could be occasioned by an accident of the magnitude considered in the General Data, doses liable to be received in other Member States would not be significant from the point of view of health.

In conclusion, the Commission is of the opinion that the implementation of the plan for the disposal of radioactive waste from the operation of the Melox plant is not liable, either in normal operation or in the case of an accident of the magnitude considered, to result in the radioactive contamination, significant from the point of view of health, of the water, soil or airspace of another Member State.

This Decision is addressed to the French Republic.

For the Commission

Yannis PALEOKRASSAS Member of the Commission
Commission Opinion

of 27 June 2001

concerning the plan for the disposal of radioactive waste from the Rossendorf research site located in the Land of Saxony in the Federal Republic of Germany, in accordance with Article 37 of the Euratom Treaty

(2001/C 204/05)

(Only the German text is authentic)

On 4 January 2001 the European Commission received from the Government of the Federal Republic of Germany, in accordance with Article 37 of the Euratom Treaty, general data relating to the plan for the disposal of radioactive waste from the Rossendorf research site.

On the basis of these data and additional information subsequently provided by the German Government, and following consultations with the group of experts, the Commission has drawn up the following opinion:

(a) the distance beween the plant and the closest border of a Member State (Austria) is approximately 260 km, while the distance to the State border of the nearest neighbouring country, the Czech Republic, is about 25 km;

(b) under normal operating conditions, the discharges of liquid and gaseous effluents will not cause an exposure of the population in other Member States that is significant from the health point of view;

(c) solid radioactive waste will be temporarily stored or disposed of at licensed sites in Germany; non-radioactive solid waste or residual materials and materials which are released from regulatory control subject to compliance with clearance levels will be released for disposal as conventional waste or for reuse or recycling, in all cases complying with the criteria laid down in the Basic Safety Standards (Directive 96/29/Euratom);

(d) in the event of unplanned discharges of radioactive waste which may follow and accident of the type and magnitude considered in the general data, the doses likely to be received by the population in other Member States would not be significant from the health point of view.

In conclusion, the Commission is of the opinion that the implementation of the plan for the disposal of radioactive waste arising at the Rossendorf research site, both in normal operation and in the event of an accident of the type and magnitude considered in the general data, is not liable to result in the radioactive contamination, significant from the point of view of health, of the water, soil or airspace of another Member State.
Commission opinion

of 24 September 2001

concerning the plan for the disposal of radioactive waste from the Comurhex plant located in Pierrelatte in France, in accordance with Article 37 of the Euratom Treaty

(2001/C 281/06)

(Only the French version is authentic)

On 9 March 2001 the European Commission received from the French Government, in accordance with Article 37 of the Euratom Treaty, general data relating to the plan for the disposal of radioactive waste from the Comurhex plant.

On the basis of these data and additional information subsequently provided by the French Government, and following consultation with the group of experts, the Commission had drawn up the following opinion:

(a) The distance between the plant and the closest Member States border (with the Republic of Italy) is 170 km, the nearest territories of other Member States being at about 250 km (Spain) and 420 km (Germany).

(b) Under normal operating conditions, the discharges of liquid and gaseous effluents will not cause an exposure of the population in other Member States significant from the point view of health.

(c) Solid radioactive waste arising from the production at the Comurhex plant will be stored or disposed of in licensed sites in France.

(d) In the event of unplanned discharges of radioactive material, which may follow an accident of the type and magnitude considered in the general data, the doses likely to be received by the population in other Member States would not be significant from the point of view of health.

In conclusion, the Commission is of the opinion that the implementation of the plan for the disposal of radioactive waste from the Comurhex plant, both in normal operation and in the event of an accident of the type and magnitude considered in the general data, is not liable to result in the radioactive contamination, significant from the point of view of health, of the water, soil or airspace of another Member State.
Commission opinion

of 27 November 2002

concerning the plan for the disposal of radioactive waste resulting from modifications at the site of the Biblis Nuclear Power Station in the Federal Republic of Germany, in accordance with Article 37 of the Euratom Treaty

(2002/C 297/02)

(Only the German text is authentic)

On 28 May 2002, the European Commission received from the Government of the Federal Republic of Germany, in accordance with Article 37 of the Euratom Treaty, general data relating to the plan for the disposal of radioactive waste resulting from modifications at the site of the Biblis Nuclear Power Station.

On the basis of these data, the Commission has considered that the plan concerned modifications to an existing plan on which an opinion had already been given. The Commission has further taken into consideration that the intermediate storage facility for irradiated fuel resulting from those modifications is designed to operate up to 40 years and could remain in operation after decommissioning and dismantling of the existing plant. Following consultation with the group of experts, the Commission has drawn up the following opinion:

(a) The planned modifications require no changes to the existing authorised limits for gaseous and liquid discharges.

(b) The planned modifications have no consequences in relation to the solid radioactive waste arising from the operation of the existing plant.

(c) The planned modifications have no consequences in relation to the unplanned discharges of radioactive substances, which may follow an accident of the type and magnitude considered in the general data of the existing plan.

In conclusion, the Commission is of the opinion that the implementation of the plan for the disposal of radioactive waste in whatever form resulting from modifications at the site of the Biblis Nuclear Power Station, located in the Federal Republic of Germany, both in normal operation and in the event of an accident of the type and magnitude considered in the general data, is not liable to result in radioactive contamination, significant from the point of view of health, of the water, soil or airspace of another Member State.
Commission Opinion

of 22 April 2002

concerning the plan for the disposal of radioactive waste resulting from modifications at the site of the Unterweser Nuclear Power Station KKU in the Federal Republic of Germany, in accordance with Article 37 of the Euratom Treaty

(2002/C 99/05)

(only the German text is authentic)

On 10 October 2001, the European Commission received from the Government of the Federal Republic of Germany, in accordance with Article 37 of the Euratom Treaty, general data relating to the plan for the disposal of radioactive waste resulting from modifications at the site of the Unterweser Nuclear Power Station KKU.

On the basis of these data, the Commission has considered that the plan concerned modifications to an existing plan on which an opinion had already been given. The Commission has further taken into consideration that the intermediate storage facility for irradiated fuel resulting from those modifications is designed to operate up to 40 years and could remain in operation after decommissioning and dismantling of the existing plant. Following consultation with the group of experts, the Commission has drawn up the following opinion:

(a) The planned modifications require no changes to the existing authorised limits for gaseous and liquid discharges.

(b) The planned modifications have no consequences in relation to the solid radioactive waste arising from the operation of the existing plant.

(c) The planned modifications have no consequences in relation to the unplanned discharges of radioactive substances, which may follow an accident of the type and magnitude considered in the general data of the existing plan.

In conclusion, the Commission is of the opinion that the implementation of the plan for the disposal of radioactive waste in whatever form resulting from modifications at the site of the Unterweser Nuclear Power Station KKU, located in the Federal Republic of Germany, both in normal operation and in the event of an accident of the type and magnitude considered in the general data, is not liable to result in radioactive contamination, significant from the point of view of health, of the water, soil or airspace of another Member State.