WRITTEN QUESTION P-1702/02 by Esko Seppänen (GUE/NGL) to the Commission. Storage of spent nuclear fuel.
Date: 2002-06-07
Institutions: European Parliament, Provisional data
Subjects: export of waste, import restriction, interpretation of the law, radioactive waste, single market, storage of waste

C 301 E/214

Official Journal of the European Communities

EN

5.12.2002

Answer given by Mrs Wallström on behalf of the Commission

(25 July 2002)

The Commission would inform the Honourable Members that the site of Playaundi is included in the
proposal Site of Community Importance (pSCI) named ‘Terrazas y Marismas del Bidasoa’ (ES2120015).
This site with a surface of 109 hectares was proposed as pSCI by the Spanish authorities on
December 1997.

The site of Txingudi was classified as a special protection area (SPA) on 1 of July 1994. The site has a
surface of 134 hectares and overlaps in a 25,5 % with the corresponding Important Bird Area, (IBA),
number 37 ‘Estuario del Bidasoa’ (Txingudi).

The Commission has evaluated positively the project Life-Nature B4-3200/98/489 about a comprehensive
strategy to restore Txingudi bay with the participation of public and private bodies.

The Commission has paid particular attention to the 6th chapter of the San Sebastian Airport Master Plan,
taking into account the available information. This chapter does not match provisions set out by the
Council Directive 97/11/EC of 3 March 1997, amending Directive 85/337/EEC on the assessment of the
effects of certain public and private projects on the environment.

Given that the enlargement project of the San Sebastian airport could have a significant impact on the
Natura 2000 sites, the Spanish authorities must fulfill the provisions under Article 6,3 of the Habitats
Directive, Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of
wild fauna and flora (1).

The Commission is not aware of the initiative. The Commission has not received any information from the
Spanish government in relation to any plan or project within this Natura 2000 site, that is why it will
request the Spanish authorities to provide information in relation to the aforementioned project.

(1) OJ L 206, 22.7.1992.

(2002/C 301 E/226)

WRITTEN QUESTION P-1702/02

by Esko Seppänen (GUE/NGL) to the Commission

(7 June 2002)

Subject: Storage of spent nuclear fuel

is placed in permanent storage,

In her reply my written question E-1734/97 (1), Commissioner Britt Bjerregaard stated that if spent nuclear
fuel
it should be regarded as radioactive waste and that when it is
transported, even within the EU, the receiving country has the right to refuse approval for its importation.
During the preparations for the signature of the international joint convention on the safety of spent fuel
management and the safety of radioactive waste management, the Commission is apparently entering a
reservation in respect of Article 27 to the effect that (cid:1) on the basis of an interpretation of the Euratom
Treaty (cid:1) within the EU the consent of the receiving country will not be required in the manner laid down
in the joint convention. In addition, a Commission representative has stated at a meeting of the European
Parliament’s Committee on Industry, External Trade, Research and Energy that the Commission is drafting
a new directive on the subject. What is the Commission’s interpretation of the EC and Euratom Treaties in
their current form: is there a common market in spent nuclear fuel or does the receiving country have the
right to prohibit its importation and permanent storage?

(1) OJ C 45, 10.2.1998, p. 92.

5.12.2002

EN

Official Journal of the European Communities

C 301 E/215

Answer given by Mrs de Palacio on behalf of the Commission

(11 July 2002)

Chapter IX of the Treaty establishing the European Atomic Energy Community (‘Euratom’) creates a
‘Nuclear Common Market’: Article 93 of the Euratom Treaty obliges Member States i.a. to abolish between
themselves all quantitative restrictions on imports and exports in respect of products defined in List A1
contained in Annex IV to the Euratom Treaty. Although spent fuel does not as such figure in this list, its
components do. Therefore, spent fuel is included in the common market rules of the Euratom Treaty.

If spent fuel is imported exclusively for permanent storage and not for reprocessing, no further use of it is
foreseen and it becomes radioactive waste as defined in Article 2 of ‘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) (‘Shipments Directive’). As radioactive waste, Article 6 of this
Directive allows a refusal of its importation on a case by case basis under the specific conditions of its
Article 3. For spent fuel, which is not considered as radioactive waste the general rules of the Common
Nuclear Market as established in Chapter IX of the Euratom Treaty apply.

Concerning Directive 92/3/Euratom, the Commission is indeed preparing a revision of this Directive
following the recommendations of a report drawn up by a group of experts in the context of the SLIM
initiative (‘Simpler Legislation for Internal Market’). It will be proposed that Article 12 of the Directive,
which is not in conformity with the Joint Convention, will be modified accordingly.

(1) ABl. L 35 vom 12.2.1992.

(2002/C 301 E/227)

WRITTEN QUESTION E-1707/02

by Nuala Ahern (Verts/ALE) to the Commission

(13 June 2002)

Subject: Dialogue on radioactive waste

What involvement have the Commission, Euratom or the EC Joint Research Centres had in the stakeholder
dialogue on radioactive waste coordinated by the OECD’s Nuclear Energy Agency? What resources have
been committed by the Commission to this dialogue? Will the Commission publish regular updates on the
appropriate part of its website on developments in this dialogue?

Answer given by Mrs de Palacio on behalf of the Commission

(16 July 2002)

The Commission is presently represented on the Nuclear Energy Agency’s (NEA) Forum of Stakeholder
Confidence (FSC) by the Directorates General (DG) for Energy & Transport (TREN) and for Research (RTD).
The Directorate-General for Environment (ENV) was represented in the Forum until the transfer of the
radioactive waste management activity to DG Energy and Transport in 2000.

At least one official has been present at all of the FSC’s meetings and workshops to date. There have been
three meetings and two workshops. Further such events are planned as part of the FSC’s mandate, which
officially expires in 2003 but is likely to be extended until at least the beginning of 2004 to allow two
more workshops to be hosted by Member States of the Nuclear Energy Agency.

All finalised FSC reports are accessible through the NEA’s own Web site (www.nea.fr) under the heading
radioactive waste management. The nominated Commission officials have played an active role in the
activities of the FSC and have provided all the relevant information on such aspects as environmental
impact assessment, public opinion (e.g. results of Eurobarometer surveys) and on-going research into