EN Official Journal of the European Union CE 88/194

(2004/C 88 E/0199)

WRITTEN QUESTION E-0574/04

by Monica Frassoni (Verts/ALE) to the Commission

(26 February 2004)

Subject: Garigliano nuclear power station

The Garigliano nuclear power station, built in 1964 in the municipality of Sessa Aurunca (Caserta) on a bend in the Garigliano river, was closed in 1978 and de-activated in 1982 and was the first power station to be decommissioned by the Italian government under an earlier government decision.

In a petition dated 28 May 2003 and registered by the Commission Secretariat under No 2003/4763 — SG (2003) A/7079 local residents and environmental groups in the municipalities in the north of Campania and the south of Lazio detailed of breaches of EU legislation that had occurred in the passive security measures so far taken at the power station.

Can the Commission clarify the following points:

1. Bearing in mind that at the mouth of the river Garigliango and in the surrounding pine forests there are three special protection (SPA) or special conservation areas (SCA) of Community interest falling within the Natura 2000 network, are all the passive safety operations, including the transfer of fuel rods to Saluggia, subject to the environmental impact assessment procedure under Directive 85/337/EEC (1), as amended by Directive 97/11/EC (2) (transposed in Italy by DPCM (Prime ministerial decree) 337 of 10 July 1988 and 27 December 1998 and subsequently amended) as well as the impact evaluation required by the Habitats Directive (92/43/EC (3) — Ministerial order of 3 September 2002 published in the Italian Official Journal No 224 of 24 September 2002)?

2. Was it compatible with the relevant legislation to invoke a state of emergency up until 31 December 2003 in relation to the safest possible disposal of radioactive waste deployed in the Lazio, Campania, Emilia Romagna, Basilicata and Piemonte regions and to appoint a special Commissioner, namely the chairman of the nuclear plant management company SOGIN (Società di gestione degli Impianti Nucleari) SpA, and delegate to him the safe disposal of nuclear materials, in particular spent nuclear fuel and high-level radioactive waste, as well as the planning of decommissioning procedures for the Garigliano, Trino Vercellese, Caorso and Latina nuclear power stations in derogation from Article 6 of Italian law No 349 of 8 July 1986, and the regional EIA regulations?

3. Can the decommissioning of the stack, the walls of which are contaminated with radioactive dust, be carried out without an EIA procedure?

Answer given by Mrs Wallström on behalf of the Commission

(22 April 2004)

Environmental impact assessment (EIA) is mandatory under Council Directive 85/337/EEC of 27 June 1985, as modified by Directive 97/11/EC of 3 March 1997 on the assessment of the effects of certain public and private projects on the environment, for the dismantling or decommissioning of nuclear power stations or reactors. In relation to the first and third questions posed by the Honourable Member, there is nothing in the Directive to suggest that any part of the decommissioning operations could be excluded from the EIA.

The Commission has already registered a complaint on the Garigliano nuclear power station mentioned by the Honourable Member for possible bad application of Directive 85/337/EEC, on EIA, as modified by Directive 97/11/EC, and of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora. The information given by the Honourable Member has been added to the complaint file which is under assessment by the Commission.

Should the Commission conclude that Community law is being breached in the case in question, it would not hesitate, as the Guardian of the EC Treaty, to take all necessary measures, including infringement procedures under Article 226 of the EC Treaty, in order to ensure the observance of relevant Community law. The Commission will, in addition, explore whether the planned operations comply with the provisions under Title II, Chapter 3 of the Euratom Treaty.

(1) OJ L 175, 5.7.1985, p. 40.

(2) OJ L 73, 14.3.1997, p. 5.

(3) OJ L 206, 22.7.1992, p. 7.