EN Official Journal of the European Union CE 78/720

(2004/C 78 E/0769)

WRITTEN QUESTION E-1588/03

by Nuala Ahern (Verts/ALE) to the Commission

(8 May 2003)

Subject: Precautionary principle

Will the Commission set out the means by which it is able to establish whether BNFL and Cogema respectively apply the ‘precautionary principle’ to their operation of their reprocessing plants at Sellafield and La Hague?

Joint answer

to Written Questions E-1586/03, E-1587/03 and E-1588/03

given by Mrs de Palacio on behalf of the Commission

(13 June 2003)

The Euratom Treaty imposes on Member States a number of obligations in order to ensure health protection of the public and exposed workers.

On the basis of Title II, Chapter 3, of the Euratom Treaty the Basic Safety Standards for the radiological protection of the population and the workers have been laid down (Council Directive 96/29/Euratom of 13 May 1996 (1), as supplemented by other legal instruments).

Under Article 35 of the Euratom Treaty Member States have an obligation to establish the facilities necessary to carry out continuous monitoring of the levels of radioactivity in the environment and to ensure compliance with the basic standards. The Commission has the right of access to these national facilities, so that it can verify their operation and efficiency.

The Commission — in its role as Guardian of the Treaties — controls that national legislation conforms to all these provisions, and in particular to the Basic Safety Standards.

Where the Basic Safety Standards are not applied correctly in practice, the Commission can also initiate inquiries and, if necessary, take action against the Member State concerned. Such an initiative is usually originated following complaints informing the Commission of alleged non-compliance, but the Commission can also act on its own initiative, according to its knowledge. To this end, the Commission examines any information that could indicate an infringement of the Basic Safety Standards.

The Opinions delivered by the Commission under Euratom Treaty Article 37 address the issue of whether the submitted project is liable to result in the radioactive contamination of the water, soil or airspace of another Member State. The Opinions for the reprocessing activities at Sellafield and La Hague, as for other installations, were based on the general data relating to these plans provided by the national authorities of United Kingdom and France respectively in accordance with Article 37 and the provisions of the Commission Recommendations (2) on its application. These Opinions were delivered after consultation of the group of independent experts referred to in Article 31 of the Euratom Treaty.

(1) Council Directive of 13 May 1996 laying down basic safety standards for the health protection of the general public and workers against the dangers of ionising radiation, OJ L 159, 29.6.1996.

(2) Commission Recommendation of 16 November 1960, OJ L 81, 21.12.1960 Commission Recommendation 82/181/Euratom of 3 February 1982, OJ L 83, 29.3.1982 Commission Recommendation 91/4/Euratom of 7 December 1990, OJ L 6, 9.1.1991; Commission Recommendation 99/829/Euratom of 6 December 1999, OJ L 324, 16.12.1999.