Bertrand Barré, ENS President

Brussels, 30 January 2004

European Parliament January Vote on ‘Nuclear Package’ Legislative Proposals

The European Parliament (EP) has given a mostly prudent and constructive response to plans for new European Union (EU) nuclear legislation. However, the parliament has not taken adequate cognisance of the European nuclear industry’s position on one of the most controversial topics of the package, the financing of plant decommissioning. These are the views of Peter Haug, who heads up ENS’s joint secretariat with FORATOM, the European Atomic Forum. He was reacting to the latest developments on the proposed EU legislation known as the ‘nuclear package’, which covers the future use of nuclear energy in the enlarged European Community.

On Tuesday, 13 January, in a series of votes at the European parliamentary plenary session in Strasbourg, France, the EP gave its assessment of the European Commission’s proposals for the ‘nuclear package’. These proposals involve the application of nuclear safety standards, the decommissioning of nuclear installations and the disposal of radioactive waste.

“Overall, the parliament has not set out to undermine the ‘nuclear package’,” Dr Haug elaborated in Brussels on 14 January. “However, from the outset of the debate, the European nuclear industry has made clear its opposition to the concept of a unique system being imposed on EU member states for the financing of nuclear decommissioning. It is this kind of system that the parliament supported. This is despite the industry’s consistent argument that EU member states should have the flexibility to determine their own methods for financing this kind of work – in line with the prevailing situation in each EU member state.”

“We hope that any final decisions taken by the European Council will ultimately enable members to continue to exercise flexibility in respect of the financing of decommissioning,” he added.

There is still disagreement between individual EU member states over what form the so-called 'nuclear package' should take. Some favour non-binding provisions, while others are against the idea. Due to these differences, it now seems highly unlikely that the package will come into being before EU enlargement takes place in May – a target the European Commission has been aiming to achieve.

The views given by the parliament on 13 January are expected to have some influence on the ongoing debate between the EU member states.

According to the parliament:

• the European Commission should not interfere with the powers of national nuclear regulators.

• existing high levels of nuclear safety should be maintained, with member states carrying out the strict application of safety standards.

• monitoring of rules related to the new legislation should be carried out by a peer review mechanism involving national safety authorities and not through checks made directly by the European Commission.

• EU member states should also have the flexibility to set their own timetables for the disposal of radioactive waste, taking into account their own national circumstances. Members of the European Parliament (MEPs) rejected the idea of strict implementation deadlines being imposed by Brussels.

Also on the issue of finance for plant decommissioning work, the parliament stated that such resources should be separate, monitored and used only for decommissioning purposes. As has been previously mentioned, this view is not supported by the nuclear industry at large.

The European Commission launched the ‘nuclear package’ on 6 November 2002. In a memo issued by the Commission’s Directorate-General for Energy and Transport at that time, the Commission made clear its rationale for the legislative proposals. This document concludes: “On the eve of an unprecedented enlargement” of the EU “at a time when there are vital nuclear safety issues at stake, it is time for the Community to shoulder its responsibilities with regard to the safety of nuclear installations and adopt legally binding rules.”

The ‘nuclear package’ was adopted by the European Economic and Social Committee (EESC, also known as EcoSoc), by an overwhelming majority in March 2003 – however, again, with a warning about too rigid financial regulation. The ‘package’ comprises the following legislative proposals:

• a draft Proposal for a framework European Directive defining the basic obligations and general principles concerning the safety of nuclear installations during operation and decommissioning;

• a draft Proposal for a Directive on radioactive waste; and

• a draft decision authorising the European Commission to negotiate an agreement between the European Atomic Energy Community (Euratom) and the Russian Federation, on trade in nuclear materials.

For more information on the ‘nuclear package’ and links to key documents, please go to the ENS website: http://www.euronuclear.org/info/nuclearpackage.htm