WRITTEN QUESTION E-1135/97 by Ben Fayot (PSE) to the Commission (24 March 1997)

Subject: Storage of nuclear waste

ONDRAF, the national Belgian organization responsible for radioactive waste and enriched fissile material, is currently looking at sites for the storage of low-level radioactive waste, most of which is generated by Belgian reactors.

One of the sites under consideration is the village of Bovigny, six kilometres from the border with Luxembourg in the Belgian Ardennes.

Pursuant to Article 37 of the Euratom Treaty, Member States must provide the Commission with details of the planned facilities.

Subsequently, the Commission will consult a group of experts in order to give its opinion on the possible impact of the facilities on neighbouring Member States. This is then published in the Official Journal as the Commission's non-binding opinion.

The Member State in question is not legally bound by the opinion, although it would be difficult to ignore it completely.

Has the Commission already received details of the Bovigny site from the Belgian Government.

On a more general level, does the Commission intend to seek consolidation of the provisions of the Euratom Treaty, within the context of the IGC, which would allow for a far more extensive discussion throughout the whole Community regarding Member States who build nuclear installations very close to the borders of other Member States.

Answer given by Mrs Bjerregaard on behalf of the Commission (6 May 1997)

General data submitted for the opinion of the Commission under the terms of Article 37 of the Euratom Treaty are normally received at an advanced stage in the construction of the project concerned. This allows any modifications introduced during the construction phase to be taken into account. Accordingly, the Commission has not received general data under the terms of Article 37 for any project at Bovigny and would not expect to have received such data at the present stage. However, the Court of justice has confirmed ((Judgement of 22 December 1988, Case 187/87. )) that no authorisation for the discharge of radioactive wastes can be issued by a Member State prior to the Commission's opinion being received and taken into consideration.

Specific legal obligations on Member States at the initial planning phase of certain projects are set out, however, in Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment ((Directive of 27June 1985, on the assessment of the affects of certain public and private projects on the environment (OJ L 175, 5.7.1985). )) which lays down consultation procedures both within the Member State concerned and, where appropriate, with neighbouring Member States, before construction authorisation is granted. This Directive has now been amended by Directive 97/11/EC ((OJ L 73, 15.3.1997. )) to include in the category of installations for which such procedures are compulsory those installations which are designed (a) solely for the final disposal of radioactive waste or (b) for the storage (planned for more than 10 years) of radioactive waste in a different site than the production site. In the light of this no proposal to reinforce obligations associated with the Euratom Treaty is currently contemplated.