92001E3468

WRITTEN QUESTION E-3468/01

by Marialiese Flemming (PPE-DE) to the Council

(18 December 2001)

Subject: Nuclear power plant safety standards

Is the Council prepared:

1. to take steps to review the safety standards of all Europe's nuclear power plants?

2. to grant the International Atomic Energy Agency more safety inspection powers?

3. to give the public comprehensive information about the outcome of such inspections?

4. to agree to an amendment to the Euratom Treaty which would result in greater democratisation and greater involvement of the European Parliament?

Reply

(13 May 2002)

The Council would firstly like to stress that a clear distinction needs to be made between the rules governing the safety of nuclear power plants and those governing their security.

In general, the Laeken European Council undertook to maintain a high level of nuclear safety in the Union. It stressed the need to monitor the security and safety of nuclear power stations. It called for regular reports from Member States' atomic energy experts, who would maintain close contact with the Commission.

Chapter 7 of the Treaty establishing the European Atomic Energy Community includes provisions relating to security checks (safeguards).

On the other hand, the Council would like to point out that the safety of nuclear power plants is not of Community but of national competence, as the EAEC Treaty does not contain specific provisions giving powers to the Community in this respect.

As a consequence, no specific legislation setting common safety standards for nuclear installation safety has been developed at EU level. The safety of a nuclear installation is the responsibility of the operator under the control of its authorities in the framework of national legislation.

However, in the context of the IAEA, which issues safety recommendations, and the Convention on Nuclear Safety, to which all Member States as well as Euratom are Parties, safety arrangements in the Member States are already subject to an in-depth peer review.

An amendment of the EAEC Treaty is not a matter for the Council, but for the Intergovernmental Conference; the EU Treaty stipulates in Article 48 that the government of any Member State or the Commission may submit to the Council proposals for the amendment of the Treaties on which the Union is founded; the Council has, for the time being, not received such proposals.