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Plutonium shipment arrival in Japan.

Greenpeace asks UK Court to halt Japanese plutonium shipment

19 June 2002

London - Greenpeace will seek a High Court Injunction in London at 10.30am Thursday in an attempt to halt British Nuclear Fuels’ (BNFL’s) and Pacific Nuclear Transport’s (PNTL’s) planned shipment of plutonium from Japan to the UK.

Despite an investigation launched last week by the English regulator, the Environment Agency, into the legality of BNFL's planned shipment, the company has refused to give any assurances that it won’t carry out the shipment .

Two armed British ships - the Pacific Pintail and Pacific Teal - arrived in Japan on Friday 14th June to collect the rejected plutonium MOX which BNFL sold to the Japanese in 1999. It was later revealed that BNFL had deliberately falsified vital safety control data. BNFL hope that by making the return shipment they will secure large contracts from the Japanese utilities for MOX production at the new Sellafield MOX Plant. Since the 1999 scandal, Japan's plans to move ahead with loading hundreds of tons of MOX fuel reactors have stalled, prompted by public fears over safety and reliability of the MOX producers.

The Pacific Pintail arrived at the port of Takahama, Japan on Friday 14th where it delivered the transport cask that it wants to load with the rejected MOX. Kansai Electric, the original customer for BNFL, have stated that loading of the MOX into the cask will begin on Friday June 21st. BNFL has not made any decision about what to do with the radioactive material, apart from storing it. [1]. Greenpeace says that this means the rejected fuel is “radioactive waste” in European and UK law. Radioactive waste may only be transported to the UK with the permission of the Environment Agency.

“The Environment Agency has not come to a decision on whether it agrees that this material is radioactive waste. In the meantime BNFL has refused to halt preparations for the proposed shipment, so we are seeking an injunction to prevent them carrying out any irrevocable steps,” said Shaun Burnie of Greenpeace.

Over 50 countries in the Caribbean, Latin America and the South Pacific opposed the original shipment of the MOX fuel to Japan in 1999. The return is almost certain to generate even greater opposition. Already in the past month, Foreign Ministers in the Caribbean have issued a unanimous condemnation of the planned shipment, in particular citing security concerns and lack of consultation by the UK and Japan. They have demanded that it not use the Caribbean Sea route on its return from Japan. The 34 Governments of the OAS have similarly questioned the security hazards of the shipment and agreed to conduct a review.

Last week the Government of Fiji following a debate in the Senate stated that it was against the shipment entering its jurisdictional waters out to 200 miles from land (so called Exclusive Economic Zone). Fiji joins, the Government of New Zealand and Chile which have expressed their concerns over this shipment since the beginning of June. The main concerns of countries en-route are lack of consultation, the vulnerability of the shipment to catastrophic accident, malicious attacks and issues of liability and salvage in the event of accident. Security of the transport, including terrorist threats, already a major concern before the events of September 11th 2001, have become even more pressing.

For further information:

Shaun Burnie - Greenpeace International - in Japan - +81 90 2253 7306
Pete Roche - Greenpeace UK - +44 207 865 8229
Gina Sanchez – Greenpeace Press Desk-in Amsterdam - +31 627 00 00 64

Notes to editors:

[1] For example, UK Minister for Energy, Brian Wilson, stated in a parliamentary answer on 16th April 2002:

“The fuel will be placed in a storage pond at Sellafield. BNFL has yet to decide finally what to do with the fuel. Whatever it decides will be in accordance with all necessary regulatory approvals.”

Prior approval of the United States must be obtained before there can be any transportation uranium and plutonium which originated in the United States. This applies to this radioactive material and so transportation cannot take place without US approval.

[2] The Environment Agency (England and Wales) has not authorised the shipment of the material to the UK, in accordance with the Transfrontier Shipment of Radioactive Waste Regulations 1993 (as amended) (“the 1993 Regulations”).

[3] Approval from the United States has been obtained for the following specified purpose: -

“Storage in an approved facility in the United Kingdom pending recovery of the plutonium contained in the unirradiated fuel assemblies. Return of the recovered plutonium to Japan in the form of fresh fuel assemblies.” See, U.S. Federal Register February 7th.

[4] The UK has given a legal undertaking to the Irish Government and the International Tribunal for the Law of the Sea (ITLOS) that there will be no transports to do with the Sellafield MOX plant before October 2002. If the import is not in breach of the U.S. authorisation, then it must be in breach of the undertakings given to ITLOS.

[5] Campaigners in the South Pacific, South America, are planning a peace flotilla against the shipment depending upon the route chosen, they will be joined by protestors in Europe, with Irish and Welsh sailors planning to launch a protest flotilla to meet the shipment if and when it makes it back to the Irish Sea.

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Press Releases Archive Links	Plutonium shipment arrival in Japan. Greenpeace asks UK Court to halt Japanese plutonium shipment 19 June 2002 London - Greenpeace will seek a High Court Injunction in London at 10.30am Thursday in an attempt to halt British Nuclear Fuels’ (BNFL’s) and Pacific Nuclear Transport’s (PNTL’s) planned shipment of plutonium from Japan to the UK. Despite an investigation launched last week by the English regulator, the Environment Agency, into the legality of BNFL's planned shipment, the company has refused to give any assurances that it won’t carry out the shipment . Two armed British ships - the Pacific Pintail and Pacific Teal - arrived in Japan on Friday 14th June to collect the rejected plutonium MOX which BNFL sold to the Japanese in 1999. It was later revealed that BNFL had deliberately falsified vital safety control data. BNFL hope that by making the return shipment they will secure large contracts from the Japanese utilities for MOX production at the new Sellafield MOX Plant. Since the 1999 scandal, Japan's plans to move ahead with loading hundreds of tons of MOX fuel reactors have stalled, prompted by public fears over safety and reliability of the MOX producers. The Pacific Pintail arrived at the port of Takahama, Japan on Friday 14th where it delivered the transport cask that it wants to load with the rejected MOX. Kansai Electric, the original customer for BNFL, have stated that loading of the MOX into the cask will begin on Friday June 21st. BNFL has not made any decision about what to do with the radioactive material, apart from storing it. [1]. Greenpeace says that this means the rejected fuel is “radioactive waste” in European and UK law. Radioactive waste may only be transported to the UK with the permission of the Environment Agency. “The Environment Agency has not come to a decision on whether it agrees that this material is radioactive waste. In the meantime BNFL has refused to halt preparations for the proposed shipment, so we are seeking an injunction to prevent them carrying out any irrevocable steps,” said Shaun Burnie of Greenpeace. Over 50 countries in the Caribbean, Latin America and the South Pacific opposed the original shipment of the MOX fuel to Japan in 1999. The return is almost certain to generate even greater opposition. Already in the past month, Foreign Ministers in the Caribbean have issued a unanimous condemnation of the planned shipment, in particular citing security concerns and lack of consultation by the UK and Japan. They have demanded that it not use the Caribbean Sea route on its return from Japan. The 34 Governments of the OAS have similarly questioned the security hazards of the shipment and agreed to conduct a review. Last week the Government of Fiji following a debate in the Senate stated that it was against the shipment entering its jurisdictional waters out to 200 miles from land (so called Exclusive Economic Zone). Fiji joins, the Government of New Zealand and Chile which have expressed their concerns over this shipment since the beginning of June. The main concerns of countries en-route are lack of consultation, the vulnerability of the shipment to catastrophic accident, malicious attacks and issues of liability and salvage in the event of accident. Security of the transport, including terrorist threats, already a major concern before the events of September 11th 2001, have become even more pressing. For further information: Shaun Burnie - Greenpeace International - in Japan - +81 90 2253 7306 Pete Roche - Greenpeace UK - +44 207 865 8229 Gina Sanchez – Greenpeace Press Desk-in Amsterdam - +31 627 00 00 64 Notes to editors: [1] For example, UK Minister for Energy, Brian Wilson, stated in a parliamentary answer on 16th April 2002: “The fuel will be placed in a storage pond at Sellafield. BNFL has yet to decide finally what to do with the fuel. Whatever it decides will be in accordance with all necessary regulatory approvals.” Prior approval of the United States must be obtained before there can be any transportation uranium and plutonium which originated in the United States. This applies to this radioactive material and so transportation cannot take place without US approval. [2] The Environment Agency (England and Wales) has not authorised the shipment of the material to the UK, in accordance with the Transfrontier Shipment of Radioactive Waste Regulations 1993 (as amended) (“the 1993 Regulations”). [3] Approval from the United States has been obtained for the following specified purpose: - “Storage in an approved facility in the United Kingdom pending recovery of the plutonium contained in the unirradiated fuel assemblies. Return of the recovered plutonium to Japan in the form of fresh fuel assemblies.” See, U.S. Federal Register February 7th. [4] The UK has given a legal undertaking to the Irish Government and the International Tribunal for the Law of the Sea (ITLOS) that there will be no transports to do with the Sellafield MOX plant before October 2002. If the import is not in breach of the U.S. authorisation, then it must be in breach of the undertakings given to ITLOS. [5] Campaigners in the South Pacific, South America, are planning a peace flotilla against the shipment depending upon the route chosen, they will be joined by protestors in Europe, with Irish and Welsh sailors planning to launch a protest flotilla to meet the shipment if and when it makes it back to the Irish Sea. Back