ddrg/super_eurlex huggingface dataset:
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COMMISSION OPINION

of 8 September 1983

addressed to the French Government on measures proposed in the cahier des charges de la Société nationale des chemins de fer français to conform with and implement the provisions of Council Decision 75/327/EEC

(83/480/EEC)

1. In accordance with Article 1 of the Council Decision of 21 March 1962, the French Government communicated, on 16 May 1983, the cahier des charges de la Société nationale des chemins de fer français. These provisions have been examined as to their compatibility with the relevant Community legislation on the improvement of the situation of railway undertakings and the harmonization of rules govern-ing financial relations between such undertakings and States, international pricing provisions and the rules governing State financial interventions.

2. The Commission considers that the measures envisaged in the cahier des charges are adequate to ensure the implementation of the provisions of Council Decisions 75/327/EEC, 82/529/EEC and the application of Council Regulations (EEC) No 1191/69, (EEC) No 1192/69 and (EEC) No 1107/70.

With a view to its implementation the French Government's attention is drawn to the following points:

- Article 14 of Decision 75/327/EEC provides that '. . . Member States shall, at the appropriate time, forward to [the Commission] . . . the programmes referred to in Articles 4 and 13, together with any major changes made to them.'

- Article 8 (5) of Decision 75/327/EEC provides that 'The table provided for in Article 10 of Regulation (EEC) No 1192/69 must be included in an Annex to the annual accounts and must show, in addition, all other sums granted to the railway undertaking during the year by way of financial assistance or compensation.'

Further, the French Government's attention is drawn to the orientations indicated in the Commission's communication to the Council of 9 February 1983 on Progress towards a common transport policy - inland transport (1).

3. The Commission, taking into consideration the above points, gives a favourable opinion on the provisions envisaged in the cahier des charges de la Société nationale des chemins de fer français with regard to its compatibility with Community legislation.

Done at Brussels, 8 September 1983.

For the Commission

Giorgios CONTOGEORGIS

Member of the Commission

(1) OJ No C 154, 13. 6. 1983, p. 1.
*****

COMMISSION OPINION

of 1 February 1985

to the Kingdom of Belgium concerning a draft Royal Decree implementing Council Regulation (EEC) No 3568/83 on the fixing of rates for the carriage of goods by road between Member States

(85/147/EEC)

In a letter dated 29 June 1984, the Office of the Permanent Representative of Belgium to the European Communities sent the Commission, for consultation, the text of a draft Royal Decree implementing Council Regulation (EEC) No 3568/83 of 1 December 1983 on the fixing of rates for the carriage of goods by road between Member States (1).

This communication is made pursuant to Article 17 (1) of the abovementioned Regulation which states that, in due course and after consulting the Commission, the Member States should adopt the measures necessary for the implementation of that Regulation.

The Commission expresses the following opinion on the abovementioned draft Royal Decree:

1. The Commission finds that, in accordance with the first subparagraph of Article 17 (1) of Regulation (EEC) No 3568/83, the draft Royal Decree of the Belgian Government lays down the provisions necessary for the implementation of that Regulation. In particular, it lays down the special provisions on:

- the designation of the professional organizations of users and transport agents,

- the designation of the competent authority to receive the special contracts and the information concerning the rates charged for the international carriage of goods by road,

- the monitoring of the compulsory tariffs,

- the appropriate sanctions envisaged for breaches.

2. The Commission is of the opinion that the measures proposed for extending tariff control to all the parties to the transport contract are appropriate.

It also considers that it must reserve to itself the possibility of assessing whether the implementation of the measures proposed for the control of the compulsory tariffs and any penalties arising leads to permanent and effective control and appropriate penalties for breaches.

Done at Brussels, 1 February 1985.

For the Commission

Stanley CLINTON DAVIS

Member of the Commission

(1) OJ No L 359, 22. 12. 1983, p. 1.
*****

COMMISSION OPINION

of 1 July 1988

concerning the Neckar II (GKN II) nuclear power station (Federal Republic of Germany)

(Only the German text is authentic)

(88/428/Euratom)

The general data concerning the plan for the disposal of radioactive waste from the Neckar II nuclear power station (GKN II) were provided by the German Government to the Commission, in accordance with Article 37 of the Euratom Treaty, by letter received 5 January 1988.

In the course of the meeting of the group of experts set up pursuant to the Treaty, which took place on 15 March 1988, in Brussels, the representatives of the German Government provided further complementary information and details.

On the basis of the data thus obtained and having consulted the group of experts, whose report is appended, the Commission drew up the following opinion:

1. The distance from the installation to the closest point on the territory of another Member State, France, is approximately 70 km.

2. In normal operation of the power station its liquid and gaseous effluent discharges are not liable to give rise to significant exposure of the population of other Member States.

3. Solid radioactive wastes are to be stored only temporarily on the power station site prior to transport to a Federal storage or disposal facility.

Similarly, irradiated fuel elements are to be stored only temporarily at the station site prior to transfer to a reprocessing facility.

4. In the case of unplanned discharges of radioactive substances which might arise in accident conditions 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 point of view of health.

The Federal Republic has signed agreements with France concerning the exchange of information in the event of nuclear accidents; these agreements allow for hypothetical accidents, having radiological consequences more severe 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 discharge of radioactive effluents from the Neckar II nuclear power station 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.

This opinion is addressed to the Federal Republic of Germany.

Done at Brussels, 30 June 1988.

For the Commission

Stanley CLINTON DAVIS

Member of the Commission
*****

COMMISSION OPINION

of 12 February 1990

addressed to the Portuguese Government concerning the implementation of Council Directive 79/116/EEC concerning minimum requirements for certain tankers entering or leaving Community ports, and Council Directive 79/1034/EEC amending Council Directive 79/116/EEC

(90/76/EEC)

1. By letter of 25 July 1988, the Office of the Permanent Representative of Portugal to the European Communities forwarded to the Commission pursuant to Article 3 of Council Directives 79/116/EEC (1) and 79/103/EEC (2), Decreto-Lei No 142/88 of 22 April 1988 concerning the minimum requirements for certain tankers entering or leaving Portuguese ports.

2. The Commission must point out that, despite its obligations under Article 3 of both Directives, the Portuguese Government submitted the text of the Decreto-Lei to the Commission for consultation after it had been adopted and not, as provided for in the Directives, before it was adopted.

3. After having examined the Decreto-Lei, the Commission observes that item C of the model tanker check list does not provide for a classification certificate and that likewise the next under item D does not comply with the Portuguese version of the Directive as regards the wording 'Total number of ratings.'

4. In view of the fact that the other measures adopted satisfy the requirements of the Directives, subject to the amendment of the points mentioned in (3) above, the Commission hereby delivers a favourable opinion.

Done at Brussels, 12 February 1990.

For the Commission

Karel VAN MIERT

Member of the Commission

(1) OJ No L 33, 8. 2. 1979, p. 33.

(2) OJ No L 315, 11. 12. 1979, p. 16.
OPINION OF THE COMMISSION of 2 May 1995 concerning the plan for the disposal of radioactive waste from the 'TU5` Basic Nuclear Facility at Pierrelatte (France) in accordance with Article 37 of the Euratom Treaty (Only the French text is authentic) (95/172/Euratom)

On 24 November 1994 the Commission of the European Communities 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 resulting from the operation for the 'TU5` Basic Nuclear Facility at Pierrelatte.

On the basis of these data and following consultation with the group of experts, the Commission has drawn up the following opinion:

1. The distance between the 'TU5` Basic Nuclear Installation and the territory of the nearest Member State, namely Italy, is 175 kilometres (Spain is 260 kilometres away).

2. Under normal operating conditions, gaseous and liquid effluent discharges will not cause exposure, significant from the point of view of health, of the population of another Member State.

3. Solid radioactive waste will be treated and temporarily stored at the site before being transported to an approved national site for final storage.

4. In the event of unplanned discharges of radioactive effluent which could result from an accident of the type and scale taken into account in the general data, doses liable to be received by the population of another Member State would not be significant from the health point of view.

In conclusion, the Commission is of the opinion that the plan for the disposal of radioactive waste resulting from the operating of the 'TU5` Nuclear Facility is not liable, either in normal operation or in the event of an accident of the type and scale taken into account in the general data, to result in radioactive contamination, significant from the health point of view, of the waters, soil or airspace of another Member State.

This opinion is addressed to the French Republic.

For the Commission

Ritt BJERREGAARD

Member of the Commission
COUNCIL OPINION

of 31 January 2000

on the updated stability programme of Ireland 2000 to 2002

(2000/C 60/02)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies(1), an in particular Article 5(3) thereof,

Having regard to the recommendation of the Commission,

After consulting the Economic and Financial Committee,

HAS DELIVERED THIS OPINION:

On 31 January 2000, the Countil examined Ireland's updated stability programme, which covers the period 2000 to 2002(2).

The Council welcomes the record of implementation of the programme in 1999. The Irish economy continued to expand rapidly, with real GDP rising by 8,4 % and employment increasing by about 4,75 %. In the context of this very favourable economic performance, the projections made for the improvement in the budgetary situation were exceeded by a significant margin. The Council notes with satisfaction that the Irish general Government balance remained in substantial surplus in 1999 and that there was another sharp decline in the government debt/GDP ratio.

Ireland already fulfilled its obligations under the stability and Growth Pact in 1999. This will continue to be the case in the period 2000 to 2002. The Council notes that the projected surplus on the general Government balance, even after taking account of significant pre-funding of state pension liabilities, is clearly sufficient in each year to provide a safety margin against breaching the 3 % of GDP reference value of the Treaty in the event of normal cyclical fluctuations. The Council notes also that the Government debt/GDP ratio will decline steadily over the programme period.

The Council considers the macroeconomic scenario presented in the updated stability programme to be realistic. However, the economy is now at an advanced stage of the cycle and there is a need to use available domestic policy instruments to address the risk of inflation pressures. In this context, the Council recalls the recommendations to Ireland provided in the 1999 Broad Economic Policy Guidelines and urges the national authorities to be ready to use budgetary policy to ensure economic stability. Given the extent of overheating in the economy, the Council considers such action to be warranted in implementing the budget for 2000 and in planning beyond, while acknowledging the supply side objectives of Ireland's medium-term budgetary strategy.

The Council welcomes the fact that the updated programme addresses the issue of structural reforms. In particular, the publication of the National Development Plan 2000 to 2006 responds to the suggestion of the Council for a detailed plan to meet the physical and human capital needs of the still rapidly expanding economy, while taking account of an expected reduction in transfers from the Structural Funds.

(1) OJ L 209, 2.8.1997, S. 1.

(2) The stability programme for Ireland 1999-2001 was the subject of a Council opinion of 18 January 1999 (OJ C 42, 17.2.1999, p. 4).
Commission Opinion

of 30 August 2002

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

(2002/C 208/02)

(Only the German text is authentic)

On 30 January 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 Isar Nuclear Power Station KKI.

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 Isar Nuclear Power Station KKI, 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 4 April 2002

concerning the plan for the disposal of radioactive waste arising from the dismantling of the Trawsfynydd Power Station located in the United Kingdom, in accordance with Article 37 of the Euratom Treaty

(2002/C 86/07)

(Only the English text is authentic)

On 5 October 2001, the European Commission received from the Government of the United Kingdom, in accordance with Article 37 of the Euratom Treaty, general data relating to the plan for the disposal of radioactive waste arising from the dismantling of the Trawsfynydd Power Station.

On the basis of these data, and following consultation with the group of experts, the Commission has drawn up the following opinion:

(a) The distance between the plant and the nearest point of another Member State, in this case Ireland, is approximately 140 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 significant from the point of view of health.

(c) Solid intermediate level radioactive wastes are stored at the site. Low level radioactive wastes are stored at the site before being transported off-site for disposal in facilities within the United Kingdom. Non-radioactive solid waste or residual materials which are released from regulatory control 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 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 in whatever form arising from the dismantling of the Trawsfynydd Power Station in the United Kingdom, 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 29 January 2003

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

(2003/C 26/09)

(Only the German text is authentic)

On 6 August 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 Gundremmingen II Nuclear Power Station KRB II.

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 Gundremmingen II Nuclear Power Station KRB II, 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 5 February 2004

concerning the plan for the disposal of radioactive waste resulting from modifications to Site-1 of Belgoprocess plc in Belgium, in accordance with Article 37 of the Euratom Treaty

(2004/C 34/05)

(Only the Dutch text is authentic)

On 30 July 2003 the European Commission received from the Belgian Government, in accordance with Article 37 of the Euratom Treaty, General Data relating to the plan for the disposal of radioactive waste resulting from modifications to Site-1 of Belgoprocess plc.

On the basis of these data and additional information provided by the Belgian Government on 7 November 2003, and following consultation with the group of experts, the Commission has drawn up the following opinion:

(a) The planned modifications relate to the construction of a new intermediate storage facility for solid low-active waste that is already present on-site. The operation of the new storage facility will entail gaseous effluents only, for which specific discharge limits are envisaged. These discharge limits do not significantly add to the existing regulatory discharge limits.

(b) The distance between the new storage facility and the nearest neighbour Member State, in this case The Netherlands, is 11 km.

(c) During normal operation, discharges of gaseous effluent from the new storage facility will not cause an exposure of the population in other Member States that is significant from the point of view of health.

(d) Secondary liquid and solid radioactive waste resulting from the operation of the new storage facility will be treated, conditioned and stored on-site.

(e) In the event of unplanned discharges of radioactive waste, which may follow an accident of the type and magnitude considered in the general data for the new storage facility, 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 in whatever form resulting from modifications to Site-1 of Belgoprocess plc in Belgium, 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.