French
The Conseil d’Etat is asked to rescind decree n°2008-209 on the procedure for spent nuclear fuels and radioactive waste treatment. Law of June 28th 2006 prohibits the storage in France of radioactive waste from abroad and radioactive waste produced as a result of treating used fuel or radioactive waste from abroad. However, radioactive may be brought into the country if authorized by governmental agreements and only if that was produced as a result of the treatment is not stored in France beyond the date set by the agreements.
First, the appellant argued that the legislation used a narrower definition of « radioactive waste » than that set down in Council Directive 92/3/Euratom. The Conseil d’Etat rejected this argument. Article L.542-2-1 Of the Environmental Code provides that only substances that really could be used in future are excluded from the category of waste. Therefore, this definition complied with the definition of Directive 92/3/Euratom.
Secondly, the association argued that the Decree disregarded national legislation (article L 542-2-1 of the Environmental Code) in that they excluded the requirement to return recoverable material abroad. The Conseil d’Etat rejected also this argument. It ruled that recoverable material avoids the qualification of waste only if there are possibilities to use them for planned future purpose. If recoverable material is not used as the end of the time frame fixed in the agreement, they are characterized as waste and must be returned abroad. Consequently, the decree complied with the national legislation.