Sub-Committee B has been holding this item under scrutiny since 1 March 2005. We last wrote to you regarding this item on 9 November 2005[34] and requested an update on the Action Plan, work on which was due to continue during the UK's presidency. We have not yet received this information and would appreciate an update on the progress of the Action Plan.

13 November 2007

  In response to your letters of 13 November, I am writing to update the Committee on the position of the above dossiers in the Council Working Group on Atomic Questions.

The Committee will recall that the Commission proposed in spring 2006 to enhance the status of Euratom at the IAEA from observer status to full membership. The Commission feels that its observer status limits Euratom's influence and visibility within IAEA, but recognises that change can only be pursued through negotiation with IAEA resulting in an amendment to IAEA's statute. The current position is that the ball is in the Commission's court and there is no sign of movement in the near future. No action is urgently required from UK.

  The second issue for udpate is the `Nuclear Package'. No progress has been made on the two revised Commission's proposals for Council Directives on the safety of nuclear facilities and the safe management of spent fuel and radioactive waste, submitted to the Council in September 2004. All successive Presidencies have refused to re-examine them.

  Instead, an Action Plan on Nuclear Safety and the Safe Management of Spent Fuel and Radioactive Waste was set out, based on the Council Conclusions of June 2004. Its Working Party on Nuclear Safety prepared a report at the end of 2006. The main outcome of the report was the suggestion of creating a High Level Group to examine these issues. The High Level Group met for the first time on 12 October, with Mike Weightman, HM Chief Inspector of Nuclear Installations in the UK seat.

  The programme of work for the HLG was discussed and it was noted that the Council conclusions identified between 40 and 45 ideas. It was agreed that, within one month, Member States would identify to the Chairman which of these ideas are a priority.

21 November 2007

  Thank you for your letter dated 21 November updating the Committee. Sub-Committee B considered the letter during its meeting on 10 December and decided to keep both dossiers under scrutiny.

The Committee last wrote to the Minister concerning EM 5377/05 on 13 November as it had not received a reply to its previous letter of 9 November 2005. In this letter the Committee requested an update on the Action Plan. The Committee was surprised, therefore, that your recent letter states that the Working Party on Nuclear Safety reported at the end of 2006.

  The Committee would appreciate details about the future of the `Nuclear Package' and about the work of the High Level Group, and its conclusions following the meeting on 12 October.

  Concerning EM 7609/06, we understand that the negotiations have halted and that further movement is unlikely. If new proposals are put forward at a later date, however, the Committee would expect to be kept informed and new a explanatory memorandum to be presented.

11 December 2007

  Thank you for your letter of 11 December 2007.

I am writing to update the Committee on the work of the European High Level Group on Nuclear Safety and Waste Management.

  The basic mandate for the High Level Group (HLG) comes from the Council Conclusions of 8 May 2007, as informed by the outcome of the Working Party on Nuclear Safety in 2006, and amplified by the Commission Decision of 17 July 2007 on establishing the HLG. Its purpose is to develop a common understanding, and if appropriate, suggest common approaches in the fields of:

(a) the safety of nuclear installations;

(b) the safety of the management of spent fuel and radioactive waste; and

(c) financing of the decommissioning of nuclear installations and safe management of spent fuel and radioactive waste.

  It is anticipated that meetings will be convened twice a year or more frequently as deemed appropriate. To date, there have been two meetings; the first on 12 October 2007 and the second on 11 January 2008. Further meetings are planned for 21 April 2008 and 30 May 2008.

  At the meeting of 12 October, the Commission confirmed that the role of the HLG is to report to the Council and European Parliament and advise the Commission. It was also agreed that the basic principle of decision making would be by consensus. The main output of the meeting was to clarify the Group's mandate and initiate the preparation of a draft Work Programme, Rules of Procedure and Group Priorities (to feed into the Work Programme).

  At the meeting of 11 January, the President of the Group was confirmed as Andrej Stritar (Slovenia). Mike Weightman (UK) and Anne McGarry (Ireland) were confirmed as Vice-Presidents. The Group reached consensus on its Rules of Procedure and, in order to fulfil its purpose, to put in place three expert Working Groups:

(a) WORKING GROUP 1—IMPROVEMENTS IN SAFETY REQUIREMENTS AND PRACTICES (FOR NUCLEAR POWER PLANTS). To address nuclear safety issues and interfaces with the Convention on Nuclear Safety.

(b) WORKING GROUP 2—IMPROVEMENTS IN DECOMMISSIONING AND RADIOACTIVE WASTE AND SPENT FUEL MANAGEMENT. To address radioactive waste safety and spent fuel management, interfaces with the Joint Convention on Radioactive Waste and Spent Fuel Management, and interfaces with the EU decommissioning funding programme.

(c) WORKING GROUP 3—IMPROVEMENTS IN TRANSPARENCY. To address transparency, communications and stakeholder engagement for the HLG, including the sharing of Member States experience in these fields.

  Each of the Working Groups will develop its own Terms of Reference and Work Programmes for agreement at the next meeting in Vienna on 21 April 2008.

  The HLG has undertaken to submit its first report to the Council and the European Parliament by 17 July 2009, with progress reports at least every three years.

  A website will be set up shortly by the Commission on which the HLG will publish documents to assist interested parties in understanding the work of the Group.

  I will keep the Committee informed of future developments.

  Your letter also asked about the Nuclear Package. The position remains as set out in my letter of 21 November 2007. There have been no further developments.

11 February 2008

  Thank you for your update on the activities of the High Level Group. Your letter was considered by Sub-Committee B at its meeting of 25 February 2008. It was agreed to clear both this dossier (5377/05) and EM 7609/06.

The Committee is grateful for your commitment to continue to provide updates on any developments in the area of nuclear safety and waste management and looks forward to receiving them.

26 February 2008