BASE expert response on EU taxonomy

Source: pa/dpa | Arne Immanuel Bänsch

Background: EU taxonomy and the assessment of nuclear power

On 2 February 2022, the European Commission presented the Delegated Act (DA) on the classification of nuclear activities in line with Regulation (EU) 2020/852 of the European Parliament and of the Council dated 18 June 2020 (known as the Taxonomy Regulation). This had been preceded by several years of intense debate on the question of whether nuclear power could, under certain conditions, be classified as a sustainable form of energy production under the taxonomy

With regard to the use of nuclear power, the DA now defines three economic activities to be ecologically sustainable in the sense of the Taxonomy Regulation and defines technical screening criteria for these activities. The three activities are:

• Research and development (R&D)
• The use of so-called "advanced technologies" in the nuclear sector
• The construction and operation of new nuclear power plants, as well as the adaptation of existing plants in order to extend their lifetime.

The recitals of the delegated act consider nuclear energy a possible transition technology that can enable the transition to a sustainable energy system under "strict conditions" and for "a limited time". The DA was sent to all member states of the European Union. It is planned to take effect on 1/1/2023. The member states and the European Parliament have the opportunity to reject the DA by majority vote within a period of four months.

Building on BASE's expert response to the report of the Joint Research Centre of the European Commission on this matter (expert response 2021) dated June 21, and on the technical assessment of the draft DA (2021/2139) (expert response 2022), BASE has carried out a technical assessment of the DA:

Expert response on the delegated act on the classification of nuclear energy under Regulation (EU) 2020/852 (EUTaxonomy)

Content of BASE’s expert response

BASE concludes that, from a technical point of view, the inclusion of nuclear power in the Taxonomy Regulation is not tenable. Reasons for this include:

• Nuclear power violates key sustainability goals, in particular because it does not meet the "do no significant harm" criteria. The technical screening criteria presented do not prove that nuclear energy meets the DNSH criteria. Many of the technical screening criteria presented are defined in terms of plans (e.g. for radioactive waste management and finances). The Commission assumes that the existence of plans is sufficient to demonstrate compliance with the DNSH criteria.
• In classifying nuclear power, the Commission disregards issues relevant to sustainability, such as uranium mining, transport or the risks of proliferation.
• The use of nuclear power is facilitated far beyond the year 2100. This is not compatible with the notion of a transition technology in any case
• Nuclear safety is insufficiently considered as far as the new construction and lifetime extensions of nuclear power plants are concerned. Demands for technical innovations such as "accident-tolerant fuels" and "best available technologies" remain unspecific.
• The use and further development of nuclear energy are accompanied by cross-border risks that can also have considerable negative impacts on the Federal Republic of Germany. Due to the problem of limited operator liability in Europe, the polluter-pays principle would be violated in the event of such accidents.
• It cannot be completely ruled out that the operation of nuclear power plants may have significant environmental impacts as a result of incidents and accidents or other third-party actions.

Conclusion

Against the backdrop of the facts presented in the expert response, BASE concludes that, from a technical point of view, the Delegated Act should be objected to with regard to the use of nuclear energy, pursuant to Art. 23 para. 6 of the Regulation