No C 269/12 Official  Journal  of the European  Communities 13. 11. 78 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to Article  198 of the Treaty  establishing  the 
European  Economic  Community, 
Having  regard  to the request  made  by the Council  of the 
European  Communities  on 23 January  1978  for  an 
opinion, 
Having  regard  to the decision  taken  by its Bureau  on 
31 January  1978,  instructing  the Section  for Energy  and 
Nuclear  Questions  to draw  up an opinion  and a report  on 
the matter, 
Having  regard  to the opinion  issued  by the Section  for 
Energy  and Nuclear  Questions  at its 39th  meeting  held  on 
7 April  1978, 
Having  regard  to the report  submitted  by the rapporteur, 
Mr Bornard, 
Having  regard  to the discussions  at its 158th  plenary 
session  of 26 and  27 April  1978  (meeting  of 27 April 
1978), 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
by 43 votes  to 3, with  10 abstentions: 
1. Changing  the basis  for the exemption 
i 
1.1. Oil-producing  Member  States  are  at present 
allowed  an exemption  of up to 15 % from  the stocking 
Done  at Brussels,  27 April  1978. obligations,  on the  basis  of their  consumption  of 
derivatives*  of indigenous  crude  oil.  The  Committee 
recognizes  that  since  this exemption  is granted  solely  to 
oil-producing  Member  States,  not all Member  States  are 
encouraged  to consume  Community  oil. The  Committee 
believes  that  it is in the Community  interest  to provide 
such incentives  to all Member  States.  The  Committee 
therefore  approves  the proposal  that  the exemption  be 
granted  to all Member  States  on the  basis  of their 
consumption  of derivatives  of Community-produced 
crude  oil. 
2. Raising  the exemption  from  15%  to 40% 
2.1. Stockholding  obligations  are a basic  and essential 
guarantee  but the production  (and  reserve  capacity)  of 
crude  oil  in the  Community  contributes  to the 
Community's  security  of supply.  The  increase  in 
production  capacity  may  therefore  warrant  some 
relaxation  of stock-holding  obligations,  especially  since 
such a relaxation  would  probably  lead  to financial 
savings.  Any  relaxation  cannot,  however,  be divorced 
from  the Commission's  principle  that  'the normal  supply 
flows  of these  crudes  and  products  between  Member 
States  shall  be maintained  in the  event  of supply 
difficulties'.  The Committee  would  ask the Member  States 
to make  a formal  commitment  to uphold  this  principle, 
underwritten,  where  appropriate,  by  international 
commitments.  Subject  to the  above  reservations,  the 
Committee  approves  the proposal  to raise  the exemption. 
In the absence  of clear  criteria,  however,  the Committee 
cannot  take  a stand  on the 40 % figure. 
The Chairman 
of the Economic  and  Social  Committee 
Basil  de FERRANTI 
Opinion  on the communication  from  the Commission  to the Council  on a Community  plan  of 
action  in the field  of radioactive  wastes 
The text  referred  to the Committee  has been  published  in Official  Journal  of the European 
Communities  No  C 249  of 18 October  1977,  page  8. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 22 August  1977,  the Council  referred  the abovementioned  proposal  to the Economic  and 
Social  Committee  in accordance  with  Article  170  of the Treaty  establishing  the European 
Atomic  Energy  Community. 
B. OPINION  OF THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and Social  Committee  prepared  its opinion  on the above  matter  at its 158th 
plenary  session,  held  in Brussels  on 26 and  27 April  1978. 
The full text  of the opinion  is as follows: 
13. 11. 78 Official  Journal  of the European  Communities No C 269/13 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to Article  170 of the Treaty  establishing  the 
European  Atomic  Energy  Community, 
Having  regard  to the request  made  by the Council  of the 
European  Communities  on 29 August  1977  for  an 
opinion, 
Having  regard  to the decision  taken  by its Bureau  on 27 
September  1977,  instructing  the Section  for Energy  and 
Nuclear  Questions  to draw  up an opinion  and a report  on 
the matter, 
Having  regard  to the opinion  issued  by the Section  for 
Energy  and Nuclear  Questions  at its 38th  meeting  held  on 
10 March  1978, 
Having  regard  to the report  submitted  by the rapporteur, 
Mr Schlitt, 
Having  regard  to the discussions  at its 158th  plenary 
session  held  on 26 and 27 April  1978  (meeting  of 27 April 
1978), 
Whereas  the  Committee  was  also  consulted  on the 
communications  entitled  'Points  for  a Community 
strategy  on the reprocessing  of irradiated  nuclear  fuels'  (') 
and 'The  fast breeder  option  in the Community  context  -
justification,  achievements,  problems  and  action 
perspectives'; 
Whereas  the three  documents  deal  with  questions  which 
are closely  interrelated  and which  go to the heart  of the 
debate  on the future  of nuclear  energy  in the Community; 
Whereas  there  must  be an early  decision  taken  in the 
Community  to define  the range  of options  on the role  of 
nuclear  energy  relative  to other  sources; 
Whereas  the Community  should  pursue  as a matter  of 
priority  the research  and demonstration  projects  that are 
now under  way  on all aspects  of nuclear  safety  and 
technology;  whereas  the same  importance  must  also  be 
given  to the rational  use of energy  and to the continuation 
and development  of programmes  concerning  alternative 
energy  sources; 
Whereas  it is necessary  to bring  into  operation  a 
Community  nuclear  safety  code,  so that safety  should  be a 
top priority,  irrespective  of economic,  industrial  or 
political  considerations;  whereas  experimental  reliability 
must  ensure  that  residual  hazards  are limited  to the 
greatest  possible  extent, 
(i) OJNoC199,2Q.  8. 1977,p.  2. HAS  ADOPTED  THE  FOLLOWING  OPINION 
by 74 votes  to seven  with  two  abstentions: 
General  comments 
1.1. The  Committee  agrees  with  the Commission  that 
finding  a satisfactory  solution  to the  problem  of 
radioactive  waste  has  become  crucial  to the  further 
development  of nuclear  energy  in most  of the Member 
States.  In some  Member  States  approval  of further  nuclear 
power  stations  is at present  even  subject  to the 
presentation  of a convincing  plan  for the safe  disposal  of 
the high-activity  waste.  The Commission  rightly  sees  the 
management  and final  storage  of radioactive  waste  not as 
a matter  for the individual  Member  States  but  as a 
Community  problem  which  the Committee  thinks  can 
best be dealt  with  as soon  as possible  at Community  level. 
1.2. In  the past,  the Community  institutions,  including 
the Economic  and  Social  Committee,  have  repeatedly 
drawn  attention  to the problem  of radioactive  waste 
disposal  and the need  for stronger  Community  measures 
in this area.  To this extent  the proposed  plan  of action  is 
considered  by the Committee  to be a further,  more 
comprehensive  step  towards  finding  and testing  optimum 
processes  for the disposal  of radioactive  waste. 
1.3. The  Committee  thinks  it is important  to point  out 
that the problem  of radioactive  waste  must  be resolved 
regardless  of whether  nuclear  energy  is to be used  more 
extensively,  for the nuclear  programmes  to date,  including 
those  in the  military  sphere,  have  already  produced 
radioactive  waste  which  must  be disposed  of just as safely 
as all future  waste  should  be. 
1.4. The  Committee  is also  glad  that  the Commission 
has for the first  time  also  tackled  the radioactive  waste 
question  in a wider  context  in which  administrative, 
financial  and political  aspects  are discussed  alongside  the 
technical  problems.  The  Committee  welcomes  the fact 
that the  Commission  intends  to indicate  suitable 
solutions. 
1.5. The  Committee  fully  approves  of the emphasis 
being  placed  on the management  of high-activity  waste. 
At the same  time,  it is satisfied  to see that  Community 
research  and development  projects  in this field  are to deal 
not only  with  high-activity  waste  but also  with  the low-
and medium-activity  categories.  Two-thirds  of the budget 
funds  are to be earmarked  in the future  for high-activity 
waste,  with  the other  two categories  getting  the remaining 
one-third. 
No C 269/14 Official  Journal  of the European  Communities 13. 11. 78 
1.6. The  Committee  would,  however,  have  liked  the 
Commission  to have  outlined  how  far work  on solving  the 
waste  problem  has  progressed  to date  and  what  the 
prospects  for the future  are. and conditioning  of radioactive  waste,  etc.,  along  with  a 
general  list of management  practices  for  the various 
categories  of radioactive  waste  and  an inventory  of the 
solutions  being  considered  for the permanent  storage  of 
waste. 
1.7. On  the other  hand,  the Committee  can understand 
that the Commission  prefers  not to make  any  definite 
pronouncements  on the waste  problem  and the chances  of 
coming  up with  a solution  until  it is sufficiently  in the 
picture  on development  work  at national  level  and  has 
received  further  information  through  the  planned 
committee  of experts.  Only  through  more  comprehen-
sive briefing  by the  Member  States  and  through 
supplementary  research  of its own  will the Commission  be 
able,  in the Committee's  view,  to take  an informed  stand 
on the waste  disposal  issue  and propose  suitable  measures 
for the longer-term  solution  of the waste  problem.  To this 
end, however,  it is essential  for the Member  States  to be 
obliged,  within  the  framework  of the  committee  of 
experts,  to supply  the Commission,  on its request,  with  all 
relevant  and  available  information,  so that  the 
Commission  can make  its own  assessment  of the entire 
complex  issue  of radioactive  waste  in the Community. 
1.8. The  Committee  also  thinks  that  the Commission 
should  be informed  about  all projects  and activities  in the 
Member  States,  if only  to enable  the Commission  to take  a 
clear  stand  on all questions  connected  with  the safe 
disposal  of radioactive  waste  when  it joins  in the public 
debate  on the nuclear  issue  - as it intends  to. In the 
Committee's  view  such  participation  in the public  debate 
on, among  other  things,  the subject  of radioactive  waste  is 
highly  desirable,  particularly  since  public  statements  by 
the Commission  based  on the knowledge  and experience 
of the nine  Member  States  will carry  weight.  The  nuclear 
energy  hearings  held  by the Commission  in November 
1977  and January  1978  are considered  by the Committee 
to be an important  step  in this  direction. 
1.9. The  Committee  also  agrees  with  the  Com-
mission's  proposal  that  the plan  of action  should  be 
spread  over  a long  period  and run from  1978  to 1990.  The 
organizational,  technical  and political  issues  involved  can 
only be sorted  out in a longer-term  programme  and  at 
present  a programme  lasting  until  1990  seems  to be the 
right  choice. 
1.10.  The  Committee  assumes  that  detailed  proposals 
for the plan  of action  will  be laid  before  the Council  in 
good  time  before  the end of this year.  In this connection,  it 
would  have  been  helpful,  the Committee  thinks,  if the 
Commission  had  compiled  now  - instead  of when  the 
plan of action  is in the process  of implementation  - a 
general  list of potential  techniques  for the management 1.11.  On  the basis  of information  provided  by experts, 
the Committee  feels  that  the degree  of safety  already 
achieved  in waste  solidification  techniques  is on a par with 
current  safety  standards  in industry.  Nevertheless,  the 
special  risks  associated  with  radioactivity  make  it 
necessary  to continue  efforts  to achieve,  by 1990  or even 
before,  a higher  degree  of safety  in high-activity  waste 
solidification  techniques,  even  on an industrial  scale.  The 
timescales  could  be  shortened  particularly  if the 
Commission  were  to succeed  in coordinating  at least  some 
aspects  of the development  work  being  conducted  in 
individual  Member  States.  Independently  of  the 
cooperation  which  it would  be desirable  to have  and the 
need  for  concerted  action  to be organized  by the 
Commission,  the  parallel  efforts  being  made  in the 
Member  States  to develop  and test suitable  solidification 
processes  are  sensible  and  justifiable  in view  of the 
increasingly  urgent  demands  for evidence  of proven  and 
serviceable  processes.  All research  and development  work 
should  therefore  give  priority  to producing  optimum  and 
proven  processes  for solidifying  waste.  The  Committee 
appreciates  that  the work  on determining  and preparing 
suitable  sites  for permanent  storage  should  also  of course 
be stepped  up. However,  if one considers  the sequence  of 
measures  for the disposal  of radioactive  waste,  the solidi-
fication  of high-activity  waste  would  seem  to deserve 
priority. 
1.12.  The  Committee  notes  that  the retrievable  storage 
of solidified  high-activity  waste  in suitably  protected  and 
guarded  storerooms  can only  be a temporary  solution. 
The goal  must  still  be to bury  the radioactive  waste  in 
suitable  geological  formations  where,  isolated  from  the 
biosphere,  it can remain  for ever  in non-retrievable  form 
without  having  to be watched  over. 
1.13.  The  Committee  is agreed  that,  as a rule,  all waste 
disposal  costs  should  be borne  by the electricity  supply 
undertakings  and  thus,  in the  final  analysis,  by the 
consumer,  in accordance  with  the  'polluter  pays' 
principle.  Basically  this  also  applies  to the  cost  of 
permanent  storage,  the final  phase  in the waste  disposal 
process.  On  the  basis  of all the  energy  industry's 
statements  and publication  on this matter,  the Committee 
does  not think  that  waste  disposal  costs  will  lead  to any 
substantial  increase  in nuclear  energy  production  costs. 
However,  a definitive  cost  appraisal  will  probably  not be 
possible,  the Committee  thinks,  until  optimum  solutions 
have  been  found  for the individual  processes  and steps  in 
the disposal  of the waste. 
13. 11. 78 Official  Journal  of the European  Communities No C 269/15 
1.14.  Regardless  of how  the  waste  disposal  cost 
question  is to be settled,  the Committee  considers  that 
responsibility  for  permanent  storage  sites  or for 
longer-term  interim  storage  sites  can  lie only  with  the 
State,  i.e. the public  authorities.  The risks  associated  with 
long-term  storage,  even  if they  are only  hypothetical  risks 
for the time  being,  cannot  by their  very  nature  be borne  by 
private  firms  or organizations. 
1.15.  The  Committee  is also  very  pleased  that  the 
Commission  has looked  at the question  of a Community 
network  of sites  for storing  radioactive  waste.  It thinks 
that as far as possible  radioactive  waste  should  be 
disposed  of, i.e. stored  on an interim  or permanent  basis, at the place  where  it is produced.  It therefore  supports  the 
Commission's  intention,  under  its proposed  action  plan, 
to press  for the selection  of a few  suitable  sites  for the 
interim  or final  storage  of radioactive  waste,  for use as far 
as possible  in conjunction  with  reprocessing  plants. 
1.16.  Finally,  the Committee  endorses  the proposed 
setting-up  of an advisory  committee  of top-level  experts 
for the full  duration  of the action  plan  to assist  the 
Commission  in the execution  of the measures  in the field 
of radioactive  waste  provided  for in the Community's 
plan.  It would,  however,  like  the Member  States  to be 
obliged  under  the Decision  in question  to supply  the 
Commission  with  all available  information  on the subject 
of radioactive  waste. 
Done  at Brussels,  27 April  1978. 
The Chairman 
of the Economic  and  Social  Committee 
Basil  de FERRANTI 
ANNEX 
to the opinion  of the Economic  and  Social  Committee 
The following  text  was  replaced  by an amendment  adopted  by 34 votes  to 14, with  22 abstentions: 
'Point  1.1. 
The first  two  sentences  originally  read: 
In view  of the various  processes  being  developed  or tested  and  the information  provided  by experts,  the 
Committee  thinks  that  reliable  methods  will  be available  for solidifying  high  activity  waste  on an 
industrial  scale  at least  by 1990.  It has the impression,  moreover,  that  the objectives  set out above  will be 
attainable  at an even  earlier  date  if work  is rationalized  and  intensified.' 
Opinion  on the communication  from  the Commission  to the Council  entitled  'The  fast breeder 
option  in the  Community  context  - justification,  achievements,  problems  and  action 
perspectives' 
The text  referred  to the Committee  has not yet been  published  in the Official  Journal  of the 
European  Communities. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 22 August  1977,  the Council  referred  the abovementioned  proposal  to the Economic  and 
Social  Committee  in accordance  with  Article  170  of the Treaty  establishing  the European 
Atomic  Energy  Community.