Situation concerning public information about and involvement in the decision-making processes in the nuclear sector. Final report

The European Commission Directorate General for Energy and Transport (EC DGTREN) launched a study on 'the situation concerning public information about and involvement in decision-making processes in the nuclear sector' in January 2005. The main goal of this project was to inform the EC DGTREN and interested parties of recent developments in the Member States and to provide opportunities for decision-makers and stakeholders at local, national and EU level to exchange views. This study is based on the analysis of opinion polls, regulation and case studies where public information and involvement are a key dimension in the decision-making process and where innovative approaches have been observed. The research material and proposals were presented and discussed at a workshop with 50 delegates, representing the various stakeholders concerned by nuclear activities in Europe. As testified by recent opinion polls and feedback from case studies, there is a strong public demand for more participation in decision-making processes relating to the environment, and nuclear issues specifically. There is an increasing expectation that the phase of decision-framing which determines the scope and objectives of a regulation or of a decision on an industrial facility, involves not only experts and politics, but also NGOs, independent experts, local actors, etc. This expectation is now supported by significant legislation at EU and national levels, the foundation stone of which is the 'Aarhus Convention on the Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters' (1998). One can find different but convergent rationales behind these developments. On the one hand, there is a consideration that nuclear technologies have a potential impact on the public and accordingly require that their development involves affected parties. On the other hand, the problems raised by nuclear activities have an impact at several levels (local, national, international), and entail safety, economic, social, ethical, political, legal and environmental issues. This situation has led to major conflicts on technological development in recent decades, and to a crisis of trust in decision-makers, as well as in experts. As this crisis unfolded, it became obvious that in order to embrace complexity, the different stakeholders should contribute to the knowledge base of decisions. In this new light, participation appears to be much more than a support to information. Participation would provide stakeholders with the means to get involved in decision-making processes and to contribute their views so as to improve the quality of expertise, the reliability of decisions and the safe operation of activities. There is a belief that, far from diminishing effectiveness, by moving away from a purely technical approach and towards an inclusive approach, one can enhance effectiveness and practicability in the decision-making process. The case studies illustrate different best practices of stakeholder involvement in this regard. They demonstrate that it is actually possible to improve decision-making processes by engaging concerned parties in the preparation of decisions and in the oversight of nuclear activities. The analysis of the case studies clearly pointed out that the effectiveness of stakeholder involvement relies on two major transformations: a stronger role for new categories of actors, including local and regional governments and institutions; and an opening up of the institutions in the perspective of stakeholder involvement in the decision-making process in the nuclear sector. These transformations prove to be practicable and achievable. Although they imply significant changes from the various actors, they are by no means 'revolutionary', but rather manifest a progressive evolution that is respectful of existing institutional structures. Over and above the general emergence of a new role for local actors, these transformations of the current decision-making process are the result of an emerging understanding, by all the actors, of the real benefits of the participatory process. As a conclusion from the study, including the discussion with stakeholders during the IGNA workshop, it appears that the regulatory system and associated legal tools to support and implement these changes are already in place at the Community level. Some additional regulation may be required in the Member States to specify the integration of inclusiveness in particular fields of application, for instance, waste management, decommissioning, etc. Nevertheless, efforts should essentially relate to the concrete procedures for implementing stakeholder involvement in the different Member States. This entails, for instance, setting up partnerships and new modes of cooperation in local areas and regions. The experience reflected in the case studies, and more generally by inclusive governance projects in Europe, demonstrates that the changes in stakeholders and institutions are made through pragmatic and cooperative experimentation, and do not result from a mere implementation of theoretical principles, either from the top or from the bottom. Moreover feedback experience from case studies shows that this evolution is an essential part of sustainable development strategies. In this perspective, nuclear activities may draw on the vigilance of local communities, so as to reinforce the quality of monitoring and the sustainability of their territorial integration. (authors)