Belgium extended the operation of two nuclear reactors in violation of the requirements of the EU.

The decision of the Belgian authorities to extend the lifetime of nuclear reactors Doel 1 and Doel 2 was taken in violation of the requirement to conduct a preliminary assessment of the impact on the environment, follows from the decision of the EU court in Luxembourg.

The point

The Belgian Parliament in 2003 in the framework of discontinuing the use of nuclear power plants (NPPs) for energy approved the plan for the gradual decommissioning of the reactors of Doel 1 and Doel 2 nuclear power plant located on the banks of the river Scheldt. In accordance with this plan, the reactors had to be permanently plugged by mid-February 2015.

Subsequently, however, the lifetime of the reactors has been extended until mid-2025, which provides for their repair service worth 700 million euros in order to comply with safety standards.

Human rights organizations, Inter-Environnement Wallonie and Bond Beter Leefmilieu Vlaanderen addressed in this regard, the constitutional court of Belgium, stating that the decision on prolongation of term of operation of the reactors was taken without any prior assessment of environmental impact and involvement of civil society organisations in the preparation of appropriate expert advice.

In the course of consideration of the appeal of human rights defenders, a Belgian court addressed the Luxembourg court of the question violated the national regulator, the Directive 2014/52/EU, which regulates the identify the nature, intensity and influence of any kind of planned economic activity on the environment and human health.

Request to the Luxembourg court was filed in early July, 2017.

The position of the court of justice

The decision of the court of justice noted that the assessment of the impact on the environment is a compulsory element of the project of NPP operation. Moreover, according to the court, this assessment in the case of Doel 1 and Doel 2 is of transboundary nature, given that nuclear power plants located near the Belgian-Dutch border. Finally, the evaluation had to be conducted before the approval of changes in terms of the gradual withdrawal of the reactors out of operation.

The only exceptions are if the risk of breaches of security is so high that requires the adoption of urgent measures for its reduction. However Doel 1 and Doel 2 such measures were not required, concluded the court.

As a result, the updated implementation plan for the reactors of Doel 1 and Doel 2 of operation is possible provided that the regulator in the near future properly evaluate the impact on the environment.