EC rebukes Greece over shipment regulations
The Greek government, beset by a financial crisis and political turbulence in Athens, has another problem to worry about - a nuclear energy legislation case against it at the European Court of Justice.
The Greek government, beset by a financial crisis and political turbulence in Athens, has another problem to worry about - a nuclear energy legislation case against it at the European Court of Justice (ECJ).
This legal action is being taken by the European Commission (EC), which accuses Greece of failing to implement the latest European Union (EU) directive on the supervision and control of shipments of radioactive waste and used nuclear fuel.
Importantly, this has extended common EU controls passed in 1992 that ensure radioactive shipments are regulated and recorded by the exporting and importing countries. It covers materials from low-level radioactive waste for disposal to also include highradioactive waste for reprocessing.
The Greek government was supposed to write its rules into its national law by 25 December 2008 but Brussels claims it has not done so, even though Greece has a research reactor - the GR-B Subcritical Assembly owned by the University of Thessaloniki. In November 2009, the Commission sent Greece a legal final warning letter giving it two months to say how it would comply - and has not been happy with the result.
If the ECJ agrees Greece is in breach of EU law, it has the authority to order its government to comply and reform Greek law. If Greece refuses, the court can impose massive daily recurring fines - usually of in the order of thousands of euros - until judges deem the necessary changes have been made.
"The directive aims to protect the health of workers and the general public," noted a Commission communiqué. "It improves and simplifies the existing consent procedure and ensures that countries of destination and transit are informed about transfers of radioactive waste or spent fuel to or through their territory."
As regards importing countries outside the EU, the new legislation says they must also give active consent to these shipments. It also brings EU law in line with the International Atomic Energy Agency's (IAEA) Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management.
Further woes
In addition, the EC has referred Greece to the ECJ over a presidential decree limiting voting rights of non-state shareholders in electricity company Public Power Corporation (PPC) to 5%. This, the EC claims, acts as a barrier to investors from other EU member states.
"Even though, according to the same decree, a majority of 51% has to remain in public ownership, the voting rights cap appears to be a restriction on the free movement of capital within the meaning of Article 56 of the EC Treaty," the EC said. It added, "Direct investors are hindered from effectively participating in the management and control of PPC. Moreover, portfolio investors, who invest for reasons other than active participation in management or control, are deprived of the full protection of minority shareholders provided by general company law."
The EC sent a "reasoned opinion" to Greece in October 2009 asking it to comply with EU law. However, failing to receive a reply from the Greek authorities, the commission decided to refer the case to the ECJ.
By Keith Nuthall
for World Nuclear News
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