Wednesday 7 December 2005
Paris (AP)

Storage in Australian worn nuclear fuel La Hague: the Supreme court of appeal confirms the judgment of Cogema

The Supreme court of appeal rejected Wednesday the appeal of the COGEMA (general Company of the nuclear matters) against its judgment to have stored in its factory of La Hague of imported worn nuclear fuel of Australia.

It thus confirmed the judgment delivered last April by the Court of Appeal of Caen and which gave reason to Greenpeace.

Four years ago, the organization ecologist had instituted proceedings against the used nuclear fuel storage, asserting which it was about a radioactive waste - what the COGEMA disputed.

The Code of the environment prohibits "storage in France of radioactive waste imported (...) beyond the technical times imposed by the reprocessing".

Under the terms of a contract concluded in 1999 with Australian Nuclear Science and Technology Organization (ANSTO), the COGEMA imported worn fuel which it stored in a basic nuclear installation in its factory of La Hague in waiting of the reprocessing. Attacked by Greenpeace, the COGEMA tried to establish a distinction between worn nuclear fuel and radioactive waste.

It was not followed by the courts. In its stop, the Supreme court of appeal estimates that the Court of Appeal of Caen was right to conclude that the only qualification applicable to Australian fuel "was that of waste" and that "storage, as such (...), could not be regarded as a phase of the reprocessing". In other words, the COGEMA does not have the right to store nuclear the worn foreigners longer than the reprocessing requires it.

"This waste was imported and stored into France, in particular in the swimming pools of La Hague, lasting of long years before being even treated", recalled Wednesday Frederic Marillier, charged of nuclear countryside with Greenpeace.

The stop of the Supreme court of appeal is "a victory very, very significant that one qualifies even history", affirmed in Associated Press the spokesman of the organization ecologist. "It is thought that this victory will have consequences much broader", it added by evoking "a whole heap of other types of foreign waste which is currently stored with the factory of La Hague".

The COGEMA does not make the same analysis. "the decision of the Supreme court of appeal does not call into question the Australian reprocessing the fuel worn which began on June 9, 2005, the operational authorization of treatment having been granted by decree on March 29, 2005".

"In accordance with the law, waste resulting from the treatment will be returned to Australia. Uranium will be recycled ", ensures the COGEMA.