EN Official Journal of the European Union CE 78/570

(2004/C 78 E/0605)

WRITTEN QUESTION P-3519/03

by Maurizio Turco (NI) to the Commission

(19 November 2003)

Subject: Sudden unilateral decision by the Italian Council of Ministers to locate a national radioactive waste storage facility in the municipality of Scanzano Jonico

Knowing that:

— on 13 November this year the Italian Council of Ministers approved a decree-law for the immediate disposal of radioactive waste produced on the territory of Italy by creating a national dump in the municipality of Scanzano Jonico in the province of Matera. About 60 million cubic metres of second and third category nuclear waste, i.e. waste which decays in the medium or long term and has accumulated as a result of the decommissioning of Italian power stations and research activities, would be transported to the site;

— the decision was taken suddenly and unilaterally by the Italian government;

— Council Directive 89/618/Euratom (1) of 27 November 1989 was transposed into Italian national law under Title X (‘Nuclear emergency’) of Decree-Law No 230 of 17 March 1995, but no implementing decrees have yet been issued as regards: (a) the creation of a standing committee on information to be given the task of drawing up precautionary information and stating the appropriate channels of communication for disseminating such information (envisaged in Article 133); (b) indicating the authorities and entities which should arrange for the dissemination of the precautionary information (envisaged in Article 134); (c) the cases in which the emergency plans applicable to the transport of radioactive materials are to be applied and the procedures for doing so (envisaged in Article 125).

— the European Commission is contributing funding of EUR 743 million to the Objective 1 programme in the Region of Basilicata during the period 2000-2006. Chapter 2 — ‘Development Strategy’ of the ROP (Regional Operational Programme) for Basilicata states that sustainable development is the underlying aim of the ROP and therefore makes the policies which most directly and on an inter- sectoral basis protect environmental health (protection of ecosystems, soil protection, water use and waste management) particularly important, since the environmental character of the region creates a positive image and intrinsic economic value. Furthermore, the description of the area points out that most jobs are in the agricultural processing industry (fruit, vegetable and animal products).

Can the Commission say:

— what steps it will take in response to Italy's sudden and unilateral adoption of the decision and its failure to adopt the decrees implementing European Directive 89/618/Euratom?

— what steps it will take if the Italian government's move to concentrate the nuclear waste in Basilicata proves to be in conflict with the region's natural character as described in the documentation justifying the funding and in the development guidelines funded by the European Union?

Answer given by Mrs de Palacio on behalf of the Commission

(16 December 2003)

Concerning the proposal to construct a radioactive waste repository in the municipality of Scanzano Jonico in Italy, there are certain steps required by European legislation that must take place before any development approval is given.

Council Directive 85/337/EEC of 27 June 1985 on the effects of certain public and private projects on the environment (2), as amended by Council Directive 97/11/EC of 3 March 1997 (3), requires an assessment to be carried out of, inter alia, the environmental impact of any facilities designed for the final disposal or long-term storage of radioactive waste or irradiated nuclear fuel.

Directive 2001/42/EC of the Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (4) requires an assessment of, ‘inter alia’, any government plan or programme to dispose of radioactive waste. However, Member States have until 21 July 2004 to transpose this Directive into national legislation.

Both assessments require information to be provided to the public ‘within a reasonable time in order to give the public concerned the opportunity to express an opinion’ before consent is granted. The results of the consultations with the concerned parties must be taken into consideration in the consent procedure. Impacts on ‘human beings, fauna and flora’, ‘soil, water, air, climate and landscape’ and ‘material assets and cultural heritage’ must be included in the assessment, together with the interactions between these factors. Alternatives and mitigating measures must also be considered. Radiological effects will form part of the impacts to be assessed.

If development consent is granted, specific measures under the Euratom Treaty and secondary legislation will be applicable. All practices involving radioactive materials are subject to Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the health protection of the general public and workers against the dangers of ionizing radiation (5). In addition, there are notification requirements under Article 37 of the Euratom Treaty in the case of disposal of radioactive waste.

(1) OJ L 357, 7.12.1989, p. 31.

(2) OJ L 175, 5.7.1985.

(3) OJ L 73, 14.3.1997.

(4) OJ L 197, 21.7.2001.

(5) OJ L 159, 29.6.1996.