Nuclear: Belgium has ignored risks by extending its plants

Belgium should have assessed the risks to the environment before extending the life of two of its nuclear power plants, the dilapidation of which is worrying NGOs and neighboring countries, said Tuesday the general counsel of the Court of Justice of the EU (CJEU).

"The extension law (…) of nuclear power plants Doel 1 and Doel 2 was adopted in ignorance" of European law, according to which "an environmental assessment" must be carried out, she considers. It adds, however, that the effects of this law can be maintained in this case for "reasons of security of supply".

The conclusions of the Advocates General are not binding on the Court established in Luxembourg, but are generally followed.

Belgium decided in 2003 to put an end to nuclear power generation, pledging to decommission its plants after 40 years of service.

Two of the four plants located in Doel near Antwerp (north) should have closed in 2015, but the government decided that year to extend their activity by 10 years, that is to say until 2025.

Two Belgian environmental protection associations then appealed to the country's Constitutional Court to annul the law, saying that an environmental assessment should have been carried out. The Belgian high court had finally seized the CJEU for its lighting.

Although the general counsel agrees with the Belgian NGOs, she nevertheless considers that Belgium may, "exceptionally", "temporarily maintain the effects" of its law.

This requires that the situation be quickly regularized, that is to say that an environmental assessment be carried out, but also that prevails "imperative public interests", in this case "the security of supply Belgium's electricity.

Belgium currently has seven nuclear reactors, all around 30 to 40 years old, operated by Electrabel, a subsidiary of the French giant Engie (formerly GDF Suez).

They are located near the borders of north and east, and two of them (Doel 3 and Tihange 2) have tanks cracked to the point of being judged "exhausted" even dangerous by the neighbors, Netherlands, Luxembourg and Germany.

The reactors of Doel 1 and Doel 2, which are affected by the General Counsel's submissions, are currently at a standstill for review.

In mid-November, Electrabel announced that the unavailability of Doel 1 was extended by almost two months, until January 31, the repairs to be performed greater than expected.