COMMISSION OPINION

of 6 June 2009

relating to the plan for the disposal of radioactive waste arising from the dismantling of the José Cabrera Nuclear Power Station, located in Spain, in accordance with Article 37 of the Euratom Treaty

(Only the Spanish text is authentic)

2009/C 154/01

On 24 November 2008, the European Commission received from the Spanish 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 dismantling of the José Cabrera Nuclear Power Station.

On the basis of these data and additional information requested by the Commission on 6 February 2009 and provided by the Spanish authorities on 23 March 2009, and following consultation with the Group of Experts, the Commission has drawn up the following opinion:

1.

The distance between the nuclear power station and the nearest border with another Member State, in this case Portugal, is 315 km. France is the next nearest Member State at a distance of 320 km.

2.

During normal dismantling operations the discharges of liquid and gaseous effluents will not cause an exposure liable to affect the health of the population in another Member State.

3.

Irradiated fuel elements, as well as solid radioactive waste that cannot be disposed off at the El Cabril national storage facility for low and intermediate level waste, will temporarily be stored on-site in a purpose-built dry storage building, awaiting the commissioning of a planned long-term repository.

Non-radioactive solid waste or residual materials which are released from regulatory control will be released for disposal as conventional waste or for reuse or recycling, in compliance with the criteria laid down in the Basic Safety Standards (Directive 96/29/Euratom).

4.

In the event of unplanned releases of radioactive effluents that may follow an accident of the type and magnitude considered in the general data, the doses received in another Member State will not be liable to affect the health of the population.

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 dismantling of the José Cabrera Nuclear Power Station in Spain, 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 radioactive contamination of the water, soil or airspace of another Member State.