WRITTEN QUESTION E-1870/98

by José Barros Moura (PSE) to the Commission

(16 June 1998)

Subject: Nuclear waste dump on the bank of the Douro close to the border between Portugal and Spain

The possibility that the Spanish authorities may set up a nuclear waste dump in Aldeadávila, on the bank of the Douro close to the Portuguese border, has again been causing alarm among the inhabitants of the region and the public at large.

The problem does not just have to be dealt with by Spain and Portugal at the bilateral intergovernmental level, because there is also the European dimension to consider. A waste dump would pose obvious uncontrollable risks to the environment, the health and life of the people living in the border area, the water quality of the Douro, and the principal typical products of the region which, from one generation to the next, have been obtained by a combination of human ingenuity and nature, especially where Portugal is concerned. These very serious dangers would be contrary to the provisions of the Treaties and secondary legislation on the environment.

1. Does the Commission have any information in its possession to suggest that Spain intends to reactivate plans that were officially shelved at the end of the 1980s, partly as a result of pressure from the Community institutions?

2. As guardian of the Treaties, what steps will it take to ensure compliance with EU law?

3. Does it not believe that, by standing up for the requirements of Community law, it would calm public fears and enhance the EU's prestige?

Joint answer

to Written Questions E-1734/98 and E-1870/98 given by Mrs Bjerregaard on behalf of the Commission

(29 July 1998)

To the best of the Commission's knowledge, Spain has no site-specific plans to construct a new repository for radioactive waste.

Construction of a facility of the type mentioned by the Honourable Member can only be undertaken once all the necessary national requirements are met. These must include an environmental impact assessment as described in Council Directive 85/337/EC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment(1). Included in this is the requirement that the public concerned be given the opportunity to express its opinion before a project is initiated and also to offer to any other Member State where the environment is likely to be affected by the project the right to be involved in the assessment.

In addition, under the terms of Article 37 of the Euratom Treaty, the Commission must in due course receive general data on the plan for the proposed facility and, prior to any discharge authorisations being granted by the national authority, issue its opinion on whether the implementation of such a plan is liable to result in the radioactive contamination of the water, soil or airspace of another Member State.

Finally the operation of such a facility must meet the basic safety standards as set out in Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation(2).

(1) OJ L 175, 5.7.1985.

(2) OJ L 159, 29.6.1996.