Article 37 of the Euratom Treaty lays down that each Member State shall provide the Commission with such general data relating to any plan for the disposal of radioactive waste in whatever form as will make it possible to determine whether the implementation of such plan is liable to result in the radioactive contamination of the water, soil or airspace of another Member State. The Commission shall deliver its opinion within six months, after consulting the group of experts referred to in Article 31.
Article 37 allows the Commission to evaluate, ex ante, the potential health impact on the population of other Member States that would result from the planned operation, in a Member State, of a nuclear facility that will become subject to a regulatory discharge authorisation for radioactive effluents. The Commission's Opinion, based on the conclusions of an independent group of experts, is formally notified to the Member State planning to authorise the operation. A Member State cannot grant such an authorisation without having obtained an Opinion from the Commission. Guidance defining the information the Member State has to submit in order to allow the Commission to come to a well-founded Opinion is given through Commission Recommendations on the application of Article 37 of the Euratom Treaty. The most recent such recommendation is 2010/635/Euratom of 11 October 2010.