WRITTEN QUESTION P-3528/00 by W. G. van Velzen (PPE-DE) to the Commission. Czech nuclear power station at Temelin.
Date: 2000-11-08
Institutions: European Parliament, Provisional data
Subjects: Austria, Czechia, European standard, environmental impact, impact study, nuclear power station, nuclear safety, radioactive waste, safety standard, waste management

3.7.2001

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Official Journal of the European Communities

C 187 E/13

Answer given by Mr Kinnock on behalf of the Commission

(8 February 2001)

The Commission refers the Honourable Member to Articles 16 and 17 of the Staff Regulations which
cover all former officials of the Community and not just those from its legal services. Article 16 in
particular provides that, after termination of service, the official must respect obligations of honesty and
discretion in relation to the acceptance of certain duties or functions.

The Commission can confirm that it was aware that one of the former members of its legal service has
been working for the tobacco industry in connection with the industry(cid:146)s opposition to the ban on tobacco
advertisements.

The case has been examined by the Commission to make sure that the person concerned has complied
with the relevant rules of the Staff Regulations (Articles 16 and 17). In considering such cases the
Commission expects its officials to refrain from accepting employment if this could lead to a conflict of
interest with their former post in the Commission. Such a conflict arises if the new activity is related to
involves him/her in
a dossier for which the official was responsible in the Commission, and if
intervening against the position of the Commission with regard to this dossier.

it

The same situation occurs where the official might profit from confidential information gained during his/
her previous functions.

In the case referred to by the Honourable Member, the Commission concluded that, since the official did
not deal with matters linked to tobacco or the single market whilst working in the Commission, there is
no breach of the rules of the Staff Regulations.

All services are independent
from the tobacco industry (and from all other industries). Where the
Commission suspects a violation of its professional rules, it acts immediately to check the matter and, if
necessary, takes measures to penalise such a violation.

(2001/C 187 E/013)

WRITTEN QUESTION P-3528/00

by W. G. van Velzen (PPE-DE) to the Commission

(8 November 2000)

Subject: Czech nuclear power station at Temelin

A serious disagreement has recently arisen between Austria and the Czech Republic on the start-up of the
Czech nuclear power station at Temelin.

1. What legal possibilities does the Commission have, pursuant to the Treaty of Amsterdam, to compel
the Czech Government to carry out a cross-border environmental impact assessment, with a view to the
Czech Republic(cid:146)s forthcoming accession to the European Union?

2.
Does the Commission have any legal instruments to compel the Czech Government to carry out
a safety check before Temelin actually comes into operation? If not, and if it has not been able to resolve
this point satisfactorily in the accession negotiations with the Czech Republic, what diplomatic representa-
tions has the Commission made to the two governments, and with what result?

3.
The Austrian Government has recommended that the EU adopt EU standards in the field of the safe
use of nuclear energy at an early date. Is the Commission able to comply with this recommendation at
short notice; if so, how will these standards be developed and who will be involved in this process?

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Official Journal of the European Communities

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3.7.2001

Does the Commission consider that public acceptance of nuclear energy could be increased if EU
4.
safety standards existed, and if there were an EU policy on the safe processing and storage of nuclear
waste?

In the light of the current oil crisis, and based on the notion of an energy diversification policy which
5.
would also embrace the safe use nuclear energy, is the Commission prepared to make the greatest possible
efforts to put the proposals in point 4 above into practice as quickly as possible? What measures does the
Commission propose taking to this end?

Answer given by Mr Verheugen on behalf of the Commission

(11 January 2001)

The Commission has no legal means to compel the Czech government to carry out a cross-border
environmental impact assessment (EIA) with regard to the Temelin nuclear power plant (NPP). This issue
has been the subject of bilateral contacts of Austria and Germany with the Czech Republic. On
16 November 2000, a public environmental impact assessment hearing was held in the Czech town of
Tyn, with the participation of interested foreign parties. On 1 December 2000, a similar hearing, however
outside the scope of current Czech law, on a building of the Temelin NPP will be held in Linz (Austria).
On the basis of current Czech EIA legislation, the Czech authorities are already submitting 78 design
changes at the Temelin NPP to an EIA and have provided documentation to the German and Austrian
governments.

The Czech authorities are expected to adopt new EIA legislation compatible with the acquis as a short-
term priority under the 1999 Accession Partnership. A draft law is currently being debated in Parliament,
with a view to adoption by the end of 2000 and entry into force in mid-2001. This legislation will also
foresee cross-border EIA procedures. A motion for the Czech Republic to adhere to the United Nations
(UN) Espoo Convention is also underway in the Czech Parliament. In line with basic legal principles, this
new legislation will not apply retroactively to the Temelin NPP construction procedure.

However, on 12 December at a bilateral meeting in Melk between the Austrian Chancellor Sch(cid:252)ssel and
the Czech Prime Minister Zeman in which the Commission provided its good services,
the Czech
authorities agreed to extend, on a voluntary basis, the ongoing environmental impact assessment of 78
design changes into a comprehensive and full-scope environmental impact assessment of the whole plant
taking fully into account the expertise that was done up to now.

Nuclear safety is the responsibility of the operator of the Temelin NPP acting under the supervision and
licensing authority of the Czech national nuclear safety regulatory body (SUJB). This body has submitted
the power plant to an orderly licensing procedure. The Commission therefore does not see any basis to call
on the Czech Republic to carry out additional safety checks. For the purpose of the accession negotiations,
the Commission is currently participating in the efforts of the Council to draw up the parameters of a high
level of nuclear safety. This exercise will result in the evaluation of the situation and perspective in the
candidate countries. The issue of nuclear safety is part of the regular dialogue of the Commission with the
Czech Republic.

Furthermore, in the above mentioned meeting of 12 December in Melk it was agreed that a (cid:145)trialogue(cid:146) would
be conducted and that an expert mission with trilateral participation would be dispatched by the
Commission to Vienna and Prague to facilitate the dialogue between the government of Austria and the
Czech Republic on the issue of nuclear safety and to find solutions to identified problems.

As the Euratom Treaty does not offer a specific legal basis for the establishment of common Community
standards on nuclear installation safety, Member States have successfully developed national regulations
ensuring a high level of nuclear safety within their respective jurisdictions over the past three decades.
Since 1975, work conducted under the auspices of the Commission has resulted in a very well developed
Community perspective on nuclear safety. Although there are common principles, due to the variety of
regulatory approaches and different technological developments in Member States, it is not at all certain

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Official Journal of the European Communities

C 187 E/15

that Community legislation would provide added value compared with the current situation. A precipitous
approach would put at risk an agreement on the lowest common denominator of design and operational
safety. The goal of regulatory efforts needs to remain the assurance of a high level of nuclear safety within
each State. Within the enlargement process, the objective of the Commission is to ensure that candidate
countries achieve a high level of nuclear safety.

The public acceptance of nuclear energy is determined by a variety of factors other than the existence of
common Community standards. Progress on the back end of the nuclear fuel cycle and radioactive waste
management is undoubtedly a key element in this respect.

The need for a high level of nuclear safety is independent of the level of oil prices and the extent of energy
diversification. Safety is a key element of nuclear energy production whatever its scope within the applied
energy mix.

(2001/C 187 E/014)

WRITTEN QUESTION E-3531/00

by Ioannis Mar(cid:237)nos (PPE-DE) to the Council

(13 November 2000)

Subject: Peace process in the Middle East

On 5 September 2000 the Speaker of the Knesset, Mr Avram Burg, and Mr Ahmed Qurie, his counterpart
in the Palestinian Legislative Council, spoke at Parliament(cid:146)s plenary session in Strasbourg on the situation
in the Middle East, the future status of Jerusalem and the hopes for definitive peace in this troubled region
of the planet. The speeches by the two Speakers were models of constructive attitudes, they were full of
suggestions and ideas and revealed that at any rate majorities in the legislative bodies of both Israel and the
Palestinian administration wished to advance along the road to reconciliation. A highly significant element
in these speeches was the suggestion that
Jerusalem should become a global capital, a centre for
monotheistic religions (Christianity, Judaism and Islam), so that instead of being a city of hatred it would
become known as a city of love. Paradoxically, the suggestion by the Speakers of the two legislative bodies
of Israel and Palestine did not appear to attract the interest of the Council or the Commission, who could
adopt and promote it in order to eliminate the stalemate on the status of Jerusalem, thus increasing the
European Union(cid:146)s prestige in the area and making a real contribution to consolidating peace.

Since the future of Jerusalem is at the heart of the Palestine issue and is a question that prompts fanatical
acts, and even death, on both sides,
looking at the possibility of the European Union
promoting the suggestion that Jerusalem should be made into an international city and turned into a global
capital for the three monotheistic religions, along the lines of a suggestion made by the parties involved in
the region which could put a stop to the constant bloodshed which we are unfortunately witnessing once
again in this region? If so, does the EU intend to use a military presence to guarantee smooth
implementation of the proposal?

is the Council

Reply

(24 April 2001)

The question of Jerusalem and that of the Holy Places will probably remain one of the most difficult issues
to resolve in the context of the Middle East peace process. Many ideas have been put forward on all sides
to break the deadlock concerning Jerusalem, including the idea of (cid:145)internationalisation(cid:146) of the city. The
Council
the legitimate
expectations of each Party and of the rest of the world. The Council is prepared to make its contribution
to working out such a solution if the Parties so wish.

is in principle prepared to encourage any solution that

takes into account