WRITTEN QUESTION E-1448/03 by Chris Davies (ELDR) to the Commission. Radioactive fuel and waste.
Date: 2003-04-28
Institutions: European Parliament, Provisional data
Subjects: United Kingdom, maritime safety, maritime transport, nuclear fuel, radioactive waste, transport of dangerous goods

13.3.2004

EN

Official Journal of the European Union

C 65 E/81

(2004/C 65 E/090)

WRITTEN QUESTION P-1425/03

by Dorette Corbey (PSE) to the Commission

(15 April 2003)

Subject: Directive on packaging and packaging waste

The Directive on packaging and packaging waste (94/62/EC (1)) is currently undergoing revision. Article 6
of the Directive sets quantitative targets for the recovery and recycling of packaging waste. The beginning
of Article 6 reads as follows:

In order to comply with the objectives of this Directive, Member States shall take the necessary
measures to attain the following targets covering the whole of their territory …

Can the Commission confirm that there is a firm obligation on the Member States to attain the targets for
recovery and recycling?

Can the Commission confirm that, as the guardian of the legal framework responsible for ensuring that EC
legislation is properly transposed, complied with and implemented, it will initiate proceedings against any
Member State which does not attain the targets contained in Article 6?

Does the Commission agree that the measures to be taken by the Member States are only a means of
fulfilling the obligation laid down in Article 6 and are not the objective per se?

(1) OJ L 365, 31.12.1994, p. 10.

Answer given by Mrs Wallström on behalf of the Commission

(3 June 2003)

The achievement of the recovery and recycling targets are legal obligations for the Member States, required
under Article 6 of Parliament and Council Directive 94/62/EC of 20 December 1994, on packaging and
packaging waste. The Commission can confirm that it will fulfil its role as guardian of the EC Treaty and
follow-up cases of non-compliance with the targets of the Directive. This will, if necessary, include the
initiation of infringement proceedings under Article 226 of the EC Treaty.

Article 6 of Directive 94/62/EEC stipulates that the Member States shall take the necessary measures to
attain the targets set out by that provision. The Member States have the possibility to choose the means
they use to achieve these targets provided that Community legislation is complied with.

(2004/C 65 E/091)

WRITTEN QUESTION E-1448/03

by Chris Davies (ELDR) to the Commission

(28 April 2003)

Subject: Radioactive fuel and waste

What requirements does the Commission make to ensure the safety and security of shipments by sea in
European waters of radioactive fuel and radioactive waste?

Has the Commission expressed any particular concerns with regard to the movement of MOX shipments
to and from the Sellafield nuclear reprocessing facility in Cumbria, United Kingdom?

C 65 E/82

Official Journal of the European Union

EN

13.3.2004

Answer given by Mrs de Palacio on behalf of the Commission

(26 May 2003)

The attention of the Honourable Member is drawn to previous answers made by the Commission on
similar or related issues where additional information can be found (H-0398/01 by Mr Fitzsimons during
question time at Parliament’s May 2001 session (1), E-3277/01 by Mrs Breyer (2), H-0501/02 by
Mr Fitzsimons during question time at Parliament’s July 2002 session (3) and P-1904/02 by Mrs Doyle (4)).

transport of radioactive material

legislation, such as the
International
‘International Maritime Organisation (IMO)’ rules in the case of transport by sea, Community legislation
and by the legislation and procedures of the sender, receiver and transit countries concerned.

is governed by international

In addition, Council Directive 93/75 EEC of 13 September 1993, concerning minimum requirements for
vessels bound for or leaving Community ports and carrying dangerous or polluting goods (5), imposes an
obligation on the operator of such vessel to notify before departure the competent authority of the
Member State about the destination, the intended route and the nature of the dangerous goods transported.

While in the United Kingdom, the mixed oxide (MOX) fuel will be subject to regulatory control under the
safeguards regime. The Commission must ensure through Euratom Safeguards the implementation of the
safeguards regime.

Safety and security arrangements for this type of shipment must respect international and national
regulations concerning the transport of radioactive material. It is up to the National Authorities to ensure
compliance with these regulations.

The Office of Civil Nuclear Security (OCNS) in the United Kingdom is responsible for the regulation by
civil nuclear operators for the secure transport of ‘sensitive categories’ of nuclear material. In this context,
the Office is the United Kingdom’s designated national authority under the Convention on the Physical
Protection of Nuclear Material, for shipments to and from overseas destinations.

The security arrangements for shipments of MOX between Japan and the United Kingdom were also
reviewed by the United States and Japanese regulatory authorities. All the security authorities were satisfied
that the security arrangements were ‘amply robust to deal with any potential threat’.

In the light of the above, it appears that adequate security and safety measures are in place or shipments of
MOX fuel to and from the United Kingdom.

(1) Written reply of 15.5.2001.
(2) OJ C 172 E, 18.7.2002.
(3) Written reply of 2.7.2002.
(4) OJ C 277, 14.11.2002.
(5) OJ L 247, 5.10.1993.

(2004/C 65 E/092)

WRITTEN QUESTION E-1463/03

by Paulo Casaca (PSE) to the Commission

(29 April 2003)

Subject: Cotton growing in the Alqueva irrigation area

In the same way as in other Member States (Spain and Greece), the new Alqueva irrigation area will enable
cotton to be grown in Portugal. (Cotton is one of the target crops already identified and the subject of
major investment plans).

Will the Commission’s proposals be such as to enable Portugal to develop cotton growing on a similar
basis to the other two Member States mentioned above? Could the Commission give details in support of
its answer?