COMMISSION OPINION

of 6 June 2017

relating to the modified plan for the disposal of radioactive waste arising from the Comurhex II site located at Malvési in France, in accordance with Article 37 of the Euratom Treaty

(only the French text is authentic)

(2017/C 180/01)

The assessment below is carried out under the provisions of the Euratom Treaty, without prejudice to any additional assessments to be carried out under the Treaty on the Functioning of the European Union and the obligations stemming from it and from secondary legislation(1).

On 7 October 2016, the European Commission received from the Government of France, in accordance with Article 37 of the Euratom Treaty, General Data relating to the modified plan for the disposal of radioactive waste(2) arising from the Comurhex II site.

On the basis of these data and additional information requested by the Commission on 5 December 2016 and provided by the French authorities on 6 January and on 17 January 2017, and following consultation with the Group of Experts, the Commission has drawn up the following opinion:

1.

the distance between the facility and the nearest point on the territory of another Member State, in this case Spain is 80 km,

2.

the modified plan involves an increase of the authorised discharge limits for airborne radioactive effluents, all other authorised discharge limits remaining unchanged,

3.

during normal operating conditions, the modified plan is not liable to cause an exposure of the population in another Member State that would be significant from the point of view of health, in respect of the dose limits laid down in the Basic Safety Standards Directives(3),

4.

the modified plan has no consequences in relation to the unplanned release of radioactive effluents that may follow the accident of the type and magnitude considered in the General Data of the existing plan, in respect of the reference levels laid down in the Basic Safety Standards Directives.

In conclusion, the Commission is of the opinion that the implementation of the modified plan for the disposal of radioactive waste from the Comurhex II site located at Malvési in France, both in normal operation and in the event of an accident of the type and magnitude considered in the General Data, is not liable to result in a radioactive contamination, significant from the point of view of health, of the water, soil or air space of another Member State, in respect of the provisions laid down in the Basic Safety Standards Directives.

Done at Brussels, 6 June 2017.

For the Commission

Miguel ARIAS CAÑETE

Member of the Commission

(1)  For instance, under the Treaty on the Functioning of the European Union, environmental aspects should be further assessed. Indicatively, the Commission would like to draw attention to the provisions of Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment, as amended by Directive 2014/52/EU; to Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment, as well as to Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora and to Directive 2000/60/EC establishing a framework for Community action in the field of water policy.

(2)  The disposal of radioactive waste in the meaning of point 1 of Commission Recommendation 2010/635/Euratom of 11 October 2010 on the application of Article 37 of the Euratom Treaty (

OJ L 279, 23.10.2010, p. 36

).

(3)  Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation and Council Directive 2013/59/Euratom of 5 December 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation; repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom with effect from 6 February 2018.