The controversial bottom sill being built on the Danube near Hungary’s Paks nuclear power plant is reportedly being constructed before the necessary environmental operating permit has been obtained. Authorities have until the end of September to apply for the permit, but the project could already be completed by then.
Environmental permit could arrive after construction
The Hungarian government is building a so-called bottom sill on the Danube near the Paks nuclear power plant without currently holding an environmental permit for the project, investigative outlet Átlátszó reports.
The issue is particularly controversial because a government decree issued on 12 August gives the authorities until 30 September to submit an application for an environmental operating permit. By that time, however, the bottom sill could already be finished. The application is expected to be based on an environmental review that also includes an assessment of the project’s impact on Natura 2000 protected areas.
According to information from the Bács-Kiskun County Government Office, which has been designated as the environmental authority, preparing the necessary impact assessment documentation is the responsibility of the developer.
The National Directorate General for Water Management (OVF) said that the state-owned VIZITERV Environ Kft. is carrying out the work on its behalf and that the “preparatory tasks related to the authority procedure are ongoing”.
The project was launched after exceptionally low Danube water levels raised concerns about the operation of the Paks nuclear power plant. The bottom sill is intended to help maintain sufficient water levels around the plant’s cooling-water intake.
Read more: Hungary’s Paks nuclear power plant avoids further shutdown – here are the next steps
Was there really an emergency?
Átlátszó also questioned whether the project could legally benefit from an exemption from normal environmental permitting requirements. Certain projects serving defence purposes or responding to emergencies threatening the civilian population can be exempted from some licensing obligations.
However, according to Átlátszó, no separate government decision granting such an exemption was issued in the case of the Paks bottom sill.
Perger András, programme director at the Energy Club (Energiaklub), told Átlátszó that he did not consider the situation an acute emergency, although Hungary’s electricity supply was under considerable pressure earlier in August.
“There was no acute emergency, but it was quite close in early August to having enough electricity for every period, including when the sun was no longer shining.”
Perger stressed that a potential shortage of electricity would not necessarily mean Hungary being plunged into darkness. Instead, larger consumers could be asked to reduce their consumption or, if necessary, temporarily disconnected from the grid.
He also described a complete shutdown of the Paks plant as a manageable situation from a nuclear safety perspective, although restarting the reactors would have presented difficulties.
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Permit could reportedly be refused even after completion
The environmental licensing issue may not disappear simply because construction is completed. A lawyer from the EMLA Association for Environmental Management and Law told Átlátszó that classifying the project as a public-interest investment does not remove the environmental obligations set out in Hungarian law.
This means that, according to the legal expert, the environmental authority could potentially refuse to issue the permit even after the bottom sill had already been completed.
The distinction is significant: construction being physically finished would not necessarily mean that the project had secured all the environmental approvals required for its continued operation.
Government says environmental rules were followed
Átlátszó contacted the ministries responsible for environmental protection and energy, as well as the Prime Minister’s Office, for clarification. The ministry responsible for environmental protection responded that, in its view, the investment was carried out in compliance with environmental and nature conservation regulations.
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