COMMISSION OPINION

of 21 December 2011

relating to the plan for the disposal of radioactive waste arising from the Penly EPR reactor (unit 3), located in France, in accordance with Article 37 of the Euratom Treaty

(Only the French text is authentic)

2011/C 374/01

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.

On 15 April 2011, the European Commission received from the French Government, in accordance with Article 37 of the Euratom Treaty, General Data relating to the plan for the disposal of radioactive waste arising from the Penly EPR reactor (unit 3), located in France.

On the basis of these data and the complementary information provided by French Government representatives at the meeting of the Group of Experts on 28 and 29 September 2011, the Commission has drawn up the following opinion:

1.

The distance from the site to the nearest Member States is 106 km for the United Kingdom and 139 km for Belgium.

2.

Under normal operating conditions, the discharges of liquid and gaseous effluents are not liable to cause an exposure of the population of another Member State that is significant from the point of view of health.

3.

Solid radioactive waste will be temporarily stored on site before its transfer to disposal facilities authorised by the French Government. Spent fuel elements will be temporarily stored on site, awaiting their transport to the reprocessing plant at La Hague.

4.

In the event of unplanned releases of radioactive effluents, which may follow an accident of the type and magnitude considered in the General Data, the doses likely to be received by the population in another Member State would not be significant from the point of view of health.

In conclusion, the Commission is of the opinion that the implementation of the plan for the disposal of radioactive waste in whatever form arising from the Penly EPR reactor (unit 3), located 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 airspace of another Member State.

Done at Brussels, 21 December 2011.

For the Commission

Günther OETTINGER

Member of the Commission