WRITTEN QUESTION E-1588/03 by Nuala Ahern (Verts/ALE) to the Commission. Precautionary principle.
Date: 2003-05-08
Institutions: European Parliament, Provisional data
Subjects: France, United Kingdom, nuclear power station, nuclear safety, radiation protection, safety standard

C 78 E/720

Official Journal of the European Union

EN

27.3.2004

(2004/C 78 E/0769)

WRITTEN QUESTION E-1588/03

by Nuala Ahern (Verts/ALE) to the Commission

(8 May 2003)

Subject: Precautionary principle

Will the Commission set out the means by which it is able to establish whether BNFL and Cogema
respectively apply the ‘precautionary principle’ to their operation of their reprocessing plants at Sellafield
and La Hague?

Joint answer
to Written Questions E-1586/03, E-1587/03 and E-1588/03
given by Mrs de Palacio on behalf of the Commission

(13 June 2003)

The Euratom Treaty imposes on Member States a number of obligations in order to ensure health
protection of the public and exposed workers.

On the basis of Title II, Chapter 3, of the Euratom Treaty the Basic Safety Standards for the radiological
protection of the population and the workers have been laid down (Council Directive 96/29/Euratom of
13 May 1996 (1), as supplemented by other legal instruments).

Under Article 35 of the Euratom Treaty, Member States have an obligation to establish the facilities
necessary to carry out continuous monitoring of the levels of radioactivity in the environment and to
ensure compliance with the basic standards. The Commission has the right of access to these national
facilities, so that it can verify their operation and efficiency.

The Commission (cid:1) in its role as Guardian of the Treaties (cid:1) controls that national legislation conforms to
all these provisions, and in particular to the Basic Safety Standards.

Where the Basic Safety Standards are not applied correctly in practice, the Commission can also initiate
inquiries and, if necessary, take action against the Member State concerned. Such an initiative is usually
originated following complaints
the
Commission can also act on its own initiative, according to its knowledge. To this end, the Commission
examines any information that could indicate an infringement of the Basic Safety Standards.

informing the Commission of alleged non-compliance, but

The Opinions delivered by the Commission under Euratom Treaty Article 37 address the issue of whether
the submitted project is liable to result in the radioactive contamination of the water, soil or airspace of
another Member State. The Opinions for the reprocessing activities at Sellafield and La Hague, as for other
installations, were based on the general data relating to these plans provided by the national authorities of
United Kingdom and France respectively in accordance with Article 37 and the provisions of
the
Commission Recommendations (2) on its application. These Opinions were delivered after consultation of
the group of independent experts referred to in Article 31 of the Euratom Treaty.

(1) Council Directive of 13 May 1996 laying down basic safety standards for the health protection of the general public

and workers against the dangers of ionising radiation, OJ L 159, 29.6.1996.

(2) Commission Recommendation of 16 November 1960, OJ L 81, 21.12.1960 Commission Recommendation 82/
181/Euratom of 3 February 1982, OJ L 83, 29.3.1982 Commission Recommendation 91/4/Euratom of 7 December
1990, OJ L 6, 9.1.1991; Commission Recommendation 99/829/Euratom of 6 December 1999, OJ L 324,
16.12.1999.

(2004/C 78 E/0770)

WRITTEN QUESTION E-1650/03

by Hanja Maij-Weggen (PPE-DE) to the Commission

Subject: Detention of Oscar E. Biscet in Cuba

(16 May 2003)

On 10 April 2003 in Strasbourg, the European Parliament adopted a resolution in which it called on the
Commission to promote positive change with regard to the human rights situation in Cuba.