Abstract
Articles 30 and 36 of the EEC Treaty and article 93 of the EURATOM Treaty prohibit, with certain exceptions, quantitative restrictions on imports and measures of equivalent effect. The prohibition applies to nuclear and other radioactive wastes as well. In consequence of these provisions, a national measure involving some form of a restriction on the importation of radioactive waste does not constitute an infringement of EC law if the measure is necessary for ensuring the protection of health or environment. The member states enjoy a broad margin as regards the level of their protection of health and the environment and the means they decide to use to achieve it. The regulations shall not, however, be used for discrimination of foreign wastes. In practice it is, however usually possible for a Member State to preclude any imports of radioactive waste for disposal in a repository or otherwise its territory. The policy regarding the disposal of radioactive waste falls essentially within a Member State`s competence. Consequently Member States are authorized to determine the capacity of their final and other repositories according to their own needs. It can be concluded that Finland is not authorized totally to prohibit the importation of radioactive waste,
More>>
Alanen, J
[1]
- EC Law Consulting Ltd, Helsinki (Finland)
Citation Formats
Alanen, J.
Impact of Finlands` membership in the EU. Import of nuclear and other radioactive wastes; Suomen EY-jaesenyyden vaikutukset; Ydinjaetteiden ja muiden radioaktiivisten jaetteiden tuonti.
Finland: N. p.,
1994.
Web.
Alanen, J.
Impact of Finlands` membership in the EU. Import of nuclear and other radioactive wastes; Suomen EY-jaesenyyden vaikutukset; Ydinjaetteiden ja muiden radioaktiivisten jaetteiden tuonti.
Finland.
Alanen, J.
1994.
"Impact of Finlands` membership in the EU. Import of nuclear and other radioactive wastes; Suomen EY-jaesenyyden vaikutukset; Ydinjaetteiden ja muiden radioaktiivisten jaetteiden tuonti."
Finland.
@misc{etde_10152806,
title = {Impact of Finlands` membership in the EU. Import of nuclear and other radioactive wastes; Suomen EY-jaesenyyden vaikutukset; Ydinjaetteiden ja muiden radioaktiivisten jaetteiden tuonti}
author = {Alanen, J}
abstractNote = {Articles 30 and 36 of the EEC Treaty and article 93 of the EURATOM Treaty prohibit, with certain exceptions, quantitative restrictions on imports and measures of equivalent effect. The prohibition applies to nuclear and other radioactive wastes as well. In consequence of these provisions, a national measure involving some form of a restriction on the importation of radioactive waste does not constitute an infringement of EC law if the measure is necessary for ensuring the protection of health or environment. The member states enjoy a broad margin as regards the level of their protection of health and the environment and the means they decide to use to achieve it. The regulations shall not, however, be used for discrimination of foreign wastes. In practice it is, however usually possible for a Member State to preclude any imports of radioactive waste for disposal in a repository or otherwise its territory. The policy regarding the disposal of radioactive waste falls essentially within a Member State`s competence. Consequently Member States are authorized to determine the capacity of their final and other repositories according to their own needs. It can be concluded that Finland is not authorized totally to prohibit the importation of radioactive waste, but for individual cases the right to decide on imports of radioactive waste will essentially stay within Finland`s own power of decision. (18 refs.).}
place = {Finland}
year = {1994}
month = {Feb}
}
title = {Impact of Finlands` membership in the EU. Import of nuclear and other radioactive wastes; Suomen EY-jaesenyyden vaikutukset; Ydinjaetteiden ja muiden radioaktiivisten jaetteiden tuonti}
author = {Alanen, J}
abstractNote = {Articles 30 and 36 of the EEC Treaty and article 93 of the EURATOM Treaty prohibit, with certain exceptions, quantitative restrictions on imports and measures of equivalent effect. The prohibition applies to nuclear and other radioactive wastes as well. In consequence of these provisions, a national measure involving some form of a restriction on the importation of radioactive waste does not constitute an infringement of EC law if the measure is necessary for ensuring the protection of health or environment. The member states enjoy a broad margin as regards the level of their protection of health and the environment and the means they decide to use to achieve it. The regulations shall not, however, be used for discrimination of foreign wastes. In practice it is, however usually possible for a Member State to preclude any imports of radioactive waste for disposal in a repository or otherwise its territory. The policy regarding the disposal of radioactive waste falls essentially within a Member State`s competence. Consequently Member States are authorized to determine the capacity of their final and other repositories according to their own needs. It can be concluded that Finland is not authorized totally to prohibit the importation of radioactive waste, but for individual cases the right to decide on imports of radioactive waste will essentially stay within Finland`s own power of decision. (18 refs.).}
place = {Finland}
year = {1994}
month = {Feb}
}