WRITTEN QUESTION E-2768/01

by Jonas Sjöstedt (GUE/NGL) to the Commission

(9 October 2001)

Subject: Final disposal of nuclear waste

What progress has been made in the discussions on sharing facilities between several Member States? Agreements of this nature are normal in the USA where groups of States combine and share the costs of disposal of radioactive waste. But there is no such arrangement between EU Member States at present. The sole exception is that Belgium has an agreement with Luxembourg for the final disposal of the latter's nuclear waste. Concentrating final disposal in a few countries would undoubtedly be cheaper than if every country disposed of its own waste. No Member State today can fill its disposal facilities with national waste.

Opinion is divided on the question whether the import and export of nuclear waste is in conflict with national law. France, Sweden, the United Kingdom and Finland have all adopted legislation restricting the import and export of nuclear waste and radioactive material, but the issue is whether it is not in simple legal terms subject to the free movement

of persons, services and goods on the EC internal market. If nuclear waste is bought and sold it will fall under the internal market and hence the EC legislation. This has not yet been tested. Since the disposal of waste itself falls within the sphere of the individual governments, the Commission cannot direct any country to accept waste.

Does the Commission consider that the question of whether freedom of movement should apply to nuclear waste in the internal market is still open? Could the Commission imagine intervening in this matter despite its political sensitiveness?

Answer given by Mrs de Palacio on behalf of the Commission

(29 January 2002)

The different kinds of radioactive waste are categorised in accordance with their activity and lifetime. With regard to short-lived low-level waste, the most abundant type, there does not seem to be much advantage in having storage facilities common to several Member States since such facilities are available nationally and joint operations would involve a major increase in transport. They might be a useful option in the case of high-level waste, but there is no consensus on the matter in the Member States.

The movement of radioactive waste is subject to the rules of the internal market and to Council Directive 92/3/Euratom of 3 February 1992 on the supervision and control of shipments of radioactive waste between Member States and into and out of the Community(1). The safety rules for the transport of radioactive materials laid down by the International Atomic Energy Agency and transposed into national law also apply. The movement of radioactive waste is, in addition, subject to the International Convention on the safety of spent fuel management and the safety of radioactive waste management, currently being ratified by the Community and the Member States.

The Commission has always called upon the Member States for solidarity with regard to the long-term storage of radioactive waste and has encouraged Community self-sufficiency in it (cf Fourth Report from the Commission on the present situation and prospects for radioactive waste management in the European Union(2)). Member States producing large amounts of radioactive waste should be able to store it on their own territory. They are also free to promote regional solutions on their own initiative. However, it is unlikely that the Community will be able to force a Member State to accept waste produced in another Member State.

(1) OJ L 35, 12.2.1992.

(2) COM(98) 799 final.