EU/UK: The European Commission is expected today to initiate court proceedings against British Nuclear Fuels (BNFL), the company operating Sellafield, for alleged failure to meet strict EU inspection rules on nuclear waste.
The European Commissioner for Energy, Ms Loyola de Palacio, is dissatisfied with the information provided by BNFL on how inspectors should gain access to a particular part of the nuclear site, and is herself pushing for legal action, according to Commission sources.
The controversy centres on a pond called B30. EU inspectors have not been able to gain access to this pond, where irradiated fuel is stored, because of high radiation levels and poor visibility.
"It calls into question the credibility of our safeguards, which our team of inspectors has been carrying out for 50 years in accordance with very high standards", said Ms Palacio earlier this year.
Under EU nuclear rules, it is up to EU inspectors to check accounting records of the nuclear material and compare them with the results of on-the-spot inspections.
The 25 Commissioners will as a body decide whether legal action - eventually leading to the European Court of Justice - should be started against the operators of Sellafield for breach of the EU's nuclear treaty, known as Euratom, at their regular weekly meeting today.
A well-placed source within the European Commission said "It's very likely that legal action will be taken".
However, there is still a chance that the Commission once again will decide to extend the deadline for BNFL to provide information.
The issue has been dragging on for years. In 2003, the Commission asked BNFL to submit a plan on how to improve the situation, which the British company ignored.
Running out of patience in March this year, the Commission issued an ultimatum - telling BNFL to provide the information by June 1st.
Although the British operator submitted a plan, EU officials in the Transport and Energy Directorate General were dissatisfied with the proposal.
At a meeting earlier this week the chefs de cabinet, who prepare and often pre-decide Commissioner meetings, were generally in favour of legal action.
A spokesperson for Britain's permanent representation in Brussels said "we're willing to work with the Commission".