WRITTEN QUESTION E-1734/97 by Esko Seppänen (GUE/NGL) to the Commission (23 May 1997)

Subject: Long-term storage of spent nuclear fuel

1. What preparations is the Commission making for long-term storage of spent nuclear fuel in the situation which will obtain after the year 2000 when spent nuclear fuel must be transferred from temporary to permanent storage?

2. If a common programme is in preparation, will an individual country be able to prevent the importation of spent nuclear fuel from other countries without violating the rules on the free movement of goods?

3. Does the Commission regard spent nuclear fuel as waste or as goods?

Answer given by Mrs Bjerregaard on behalf of the Commission (17 July 1997)

It is the responsibility of each individual Member State to ensure that spent nuclear fuel resulting from the operation of nuclear reactors on its territory is properly managed. This management includes the long-term storage of the spent fuel if it is not being reprocessed.

Member States each have their own strategy for the management of spent fuel. Some have decided to reprocess it and to recycle the resulting products. Others have decided against reprocessing the spent fuel and, after a period of interim storage during which the fuel will cool, will package it and place it in long-term or permanent storage. In this case they may regard it as waste. Others are simply storing the spent fuel until a decision has been taken on its future.

There is no common programme for the long-term management of spent fuel nor is the Commission making any preparations for the long-term storage of the spent fuel produced in Member States. However, the question of prevention of import of spent fuel from other Member States remains important. If it is assumed that the spent nuclear fuel is to be placed into permanent storage with no further use foreseen, then it would be regarded as radioactive waste and be subject 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 ((OJ L 35, 12.2.1992. )). Under this condition, according to the Directive for shipments between Member States, there is a compulsory notification procedure and the authorities of the Member State of destination may notify 'conditions which they consider necessary' or their 'refusal to grant approval'.

Furthermore, in September this year it is expected that the general conference of the International atomic energy agency will open for signature a joint convention on the safety of spent fuel management and the safety of radioactive waste management. In the present draft it is recognised that 'any State has the right to ban imports into its territory of foreign spent fuel and of radioactive waste'. It is expected that this same text will be approved and that all the Member States and the Community will sign the convention.

Finally, whether the Commission regards spent nuclear fuel as waste or as a good depends on the decision made by each Member State. If a Member States decides to store spent fuel permanently, and foresees no further use for it, then it would be regarded as waste. Otherwise it would be regarded as a good the value of which could be realised through reprocessing and recycling the products. However, it should be noted that spent fuel, including material which will be placed in long term or permanent storage in geological repositories, is subject to Euratom safeguards.