WRITTEN QUESTION P-0768/03

by Eryl McNally (PSE) to the Commission

(6 March 2003)

Subject: PINC (Illustrative Nuclear Programme for the Community)

Can the European Commission explain why the requirement, in the Euratom Treaty, to publish illustrative nuclear programmes has been ignored for the last few years? Does the Commission agree that this demonstrates the anachronistic nature of the Euratom Treaty, which should be replaced, with the relevant sections (such as that on nuclear safety) incorporated into a new treaty?

Answer given by Mrs de Palacio on behalf of the Commission

(7 April 2003)

Article 40 of the Euratom Treaty states that the Commission shall periodically publish illustrative programmes indicating in particular nuclear energy production targets. However, the Treaty does not specify the frequency of publication.

Since the adoption of the Treaty, the Commission has published three illustrative programmes in 1966(1), 1972(2) and 1985(3), followed by an update in 1989(4). A fourth illustrative nuclear programme (PINC) was published in 1997(5).

On 29 November 2000, the Commission adopted a Green Paper Towards a European strategy for the security of energy supply(6), in which the contribution of nuclear energy was considered along with all other energy sources. The Green Paper and the Annexes to it contained all the figures for the production of nuclear energy.

The Commission does not share the Honourable Member's view concerning the Euratom Treaty. It should be remembered that this Treaty forms the basis of an important set of rules which include, among other things, inspection mechanisms to ensure nuclear safeguards and new initiatives with regard to nuclear safety, the management of decommissioning funds and the management of radioactive waste. Furthermore, Parliament considers the organisation of the monitoring of non-proliferation to be exemplary(7).

Following on from the recommendations of the Laeken Council in December 2001, the Commission on 6 November 2002 adopted a communication Nuclear safety in the European Union(8) and, after seeking the views of the group of experts provided for in Article 31 of the Euratom Treaty, on 30 January 2003(9) adopted two proposals for Directives, one defining the basic obligations and general principles in the field of the safety of nuclear installations and the other on the management of spent nuclear fuel and radioactive waste. In conformity with the procedure provided for in Article 31 of the Euratom Treaty, the proposals for Directives have been forwarded to the Economic and Social Committee. When the Committee has expressed its opinion, which is expected very shortly, the texts will be officially sent to the Council and Parliament. These two proposals for Directives, which are novel as regards the approach proposed, confirm the relevance of the Euratom Treaty.

In view of:

- the fact that no new capacity is being launched at the moment and that the main analyses given in the 1997 PINC and the Green Paper still apply;

- the broad discussion which has taken place following the Green Paper, during which nuclear energy aspects have played a considerable part;

- the discussions which will shortly be starting in Council on the subject of the nuclear package; and

- the forthcoming enlargement in May 2004,

the Commission believes it is not advisable to consider the publication of a new illustrative nuclear programme in the immediate future. The situation may evolve and lead to the publication of a further PINC if the decisions on the construction of new facilities or the postponement of closures in some Member States are confirmed.

(1) EUR 2773, March 1966.

(2) EUR 5011, 1.7.1972.

(3) OJ C 169, 8.7.1985.

(4) The nuclear power station design and construction industry and completion of the European single market. Update of the illustrative nuclear programme adopted by the Commission in 1984 and published in 1985, COM(89) 347 final.

(5) COM(97) 401 final.

(6) COM(2000) 769 final.

(7) Rübig Report on the Commission's report on the operation of the Office for the Monitoring of Euratom Safety in 1999-2000 (adopted by Parliament on 8 July 2002).

(8) COM(2002) 605 final.

(9) COM(2003) 32 final.