The European Atomic Energy Community (Euratom):

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1 The European Atomic Community (Euratom): the Community the Treaty nuclear safety of nuclear installations accession to Int'l Conventions EU/Euratom Serbia explanatory session, April 2014, Brussels Dr. Evaggelos Kaldellis Seconded National Expert Directorate-General for European Commission

2 Summary: The Euratom Community Background The relation with the European Union Institutional structure The Euratom Treaty Nuclear energy development Health and safety Guarantees for peaceful uses External relations int'l agreements and accession to int'l Conventions Euratom Law Sources of Euratom law Legal effects of Euratom instruments Enforcement Council Directive 2009/71/Euratom on the nuclear safety of nuclear installations Nuclear safety is a priority!

3 The initial 3 Communities Three founding Treaties, establishing: European Coal and Steel Community (1951) European Economic Community (1957) European Atomic Community (1957)

4 Treaties and history of Euratom and the EU (1) Western European Union (WEU) European Coal and Steel Community (ECSC) European Atomic Community (EAEC=EURATOM) European Economic Community (EEC) European Communities European Political Cooperation (EPC) Brussels Paris Rome Brussels SEA (1948) (1952) (1958) (1967) (1987)

5 Treaties and history of Euratom and the EU (2) European Atomic Community (EAEC or EURATOM) European Coal & Steel Community (ECSC) Justice & Home Affairs (JHA) European Community (EC) Police & Judicial co-operation in criminal matters (PJCC) European Union European (EU) Union (EU) Common Foreign and Security Policy (CFSP) WEU Maastricht Amsterdam Nice Lisbon (1993) (1999) (2003) (2009)

6 Some basic ''historical'' conclusions The EU has undergone major changes, moving from a rather economic integration approach to a political one Euratom is the only remaining Community The Euratom Treaty has largely remained unchanged, in its fundamental provisions [this does not mean, however, that Euratom legislation has not evolved through the years]

7 Euratom after Lisbon Protocol No 2 amending the Euratom Treaty: Preamble Art 106a(3) ''The European Atomic Community should continue to have full legal effect'' General provisions of the EU Treaties apply (TEU and TFEU) but no derogation from Euratom Treaty! Note: Euratom maintains to date its own legal personality (expressly provided for in Art. 184 of the Euratom Treaty)

8 Euratom and the European Union (EU) Euratom is, nevertheless, strongly linked with the EU: The same Member States (MS) participate in Euratom and the EU Euratom and the EU share common institutions, such as: the Council, the European Parliament, the Court of Justice and the European Commission The Euratom Treaty and the two (2) Treaties on European Union (TEU) and Functioning of the European Union (TFEU) are linked (Article 106a(1) of the Euratom Treaty cross-refers to numerous provisions of the latter Treaties)

9 Euratom institutions Euratom institutions Basic powers and responsibilities of the main institutions: Council (of Ministers): legislative power, coordination of national measures European Commission: guardian of the Treaties (implementation of the Euratom acquis), legal initiative, recommendations & opinions, decisions directives regulations where it so provided European Parliament: advisory (consultation) and supervisory power, may request the Commission to submit proposals in a given area, handles petitions from citizens Court of Justice of the EU: interpretation and application of the Treaties and secondary law Court of Auditors: budgetary control The Economic and Social Committee: advisory body (involved mainly in the legislative process)

10 A false question: ''Euratom energy'' or ''EU energy''?! Art. 194 TFEU legal basis for EU energy policy Union policy on energy shall aim...to: Ensure the functioning of the energy market Ensure security of energy supply Promote energy efficiency and saving etc. Basic remarks: MS remain competent to set their own energy mix Art. 194 includes general provisions on energy policy and it applies also to the electricity produced from nuclear energy; however, the specific conditions on the use of nuclear energy, e.g. rules on nuclear safety, are to be found in Euratom law!

11 Nuclear in the current EU energy mix The EU has the largest number of commercial Nuclear Power Plants in the world (approx. 1/3 of world total) Nuclear provides close to 30% of the EU electricity generation, representing 2/3 of low-carbon electricity production

12 The Euratom Treaty The Euratom Treaty (signed in 1957 entered into force in 1958) aims to: Provide a framework for all civil nuclear activities in the Member States of Euratom Create the conditions for the use of nuclear energy, focusing on radiation protection and nuclear safety Establish and foster external relations with other countries and int'l organisations in the area of nuclear energy

13 Compare the wording of the original 1957 text (!): It shall be the task of the Community to contribute to the raising of the standards of living in the Member States and to the development of relations with the other countries by creating the conditions necessary for the speedy establishment and growth of the nuclear industries [Art. 1 of the Euratom Treaty]

14 Euratom Treaty: 4 main fields of action Nuclear energy development Health and safety Guarantees for peaceful uses External relations

15 Nuclear energy development Encourage progress by, inter alia: promoting research Assess or facilitate investments, under certain conditions: Joint Undertakings Article 41 viewpoints Create a nuclear common market: free movement of capital for investments freedom of employment for specialists

16 Health and safety Protection of the health of workers and the general public against the dangers arising from ionizing radiations Lay down uniform basic safety standards and ensure that they are applied: BSS Directive Specific rules on nuclear safety, safety of radioactive waste management etc. Monitoring radioactivity

17 Guarantees for peaceful uses Ensure regular and equitable supply of ores and nuclear fuels: The role of the Euratom Supply Agency Make certain that nuclear materials are not diverted from intended uses: Safeguards system (inspections, sanctions) Accounting obligations Note: the ''right of ownership'', meaning that special fissile materials are, in principle, the property of the Community!

18 International agreements & Conventions [Chapter 10 of the Euratom Treaty] ''The Community shall establish with other countries and int'l organizations such relations as will foster progress in the peaceful uses of nuclear energy'' [Art. 2(h) of the Euratom Treaty] The Community: concludes international agreements or contracts accedes to international Conventions cooperates closely with the UN s International Atomic Agency (IAEA) and the OECD s Nuclear Agency (NEA)

19 International agreements On the strength of Art. 101 of the Euratom Treaty: the Community has competence to conclude agreements with a third State or an International Organisation procedure: such agreements are negotiated and concluded by the Commission with the approval of the Council Two (2) main types of agreements: cooperation agreements on peaceful uses of nuclear energy, which aim at facilitating international trade (nuclear materials, equipment, technology), while providing guarantees for non-proliferation; and research & development agreements (e.g. in the field of fusion)

20 Euratom bilateral agreements Examples of ''cooperation agreements'' on peaceful uses of nuclear energy: Canada (1959), Australia (1982, renewed 2012), USA (1996), Argentine (1997), Uzbekistan (2004), Ukraine (2006), Japan (2006) et al Examples of ''research & development agreements'': Canada (1998), USA (2001), Russia (2002), Ukraine (2002), Kazakhstan (2003), China (2008) et al

21 Member States bilateral agreements Member States may conclude agreements in areas covered by the Euratom Treaty, but must notify the draft agreements to the Commission (Art. 103 (1)) Note: notification before conclusion! If agreements impede application of the Treaty: Commission may raise objections within one month (Art. 103 (2)) Member State may bring the matter before the Court of Justice of the EU (Art. 103 (3))

22 International Conventions Euratom is Contracting Party to the following ''nuclear'' Conventions: Convention on the Physical Protection of Nuclear Material (Euratom accession came into effect on 6 October 1991) Convention on Nuclear Safety (Euratom accession came into effect on 30 April 2000) Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management (Euratom accession came into effect on 2 January 2006) Conventions on Early Notification of a Nuclear Accident and Assistance in the case of a Nuclear Accident or Radiological Emergency (Euratom accession came into effect on 14 December 2006)

23 Primary law (TEU, TFEU, Euratom) EU/Euratom Legal pyramid: ''typology'' of legal sources Secondary law (Regulations, Directives, Decisions) Soft law (Recommendations, opinions, communications)

24 Euratom Treaty: - binding - e.g. the Nuclear Safety Directive - binding - Euratom Legal pyramid: ''binding'' vs. ''non-binding'' legal sources e.g. Commission opinions on investment projects - not binding -

25 Euratom legal instruments (secondary law) Art. 106a of the Euratom Treaty, in conjunction with Art. 288 TFEU: regulations (binding in their entirety, generally and directly applicable) directives (binding as to the result to be achieved, but leave the choice of form and method to MS; applicable to the MS(s) to which are addressed) decisions (binding in their entirety, upon the MS(s) to which are addressed) recommendations and opinions (not binding)

26 Basic obligations of Member States Art 192 of the Euratom Treaty: Member States shall take all appropriate measures to ensure fulfilment of the obligations arising out of this Treaty or resulting from action taken by the institutions of the Community They shall facilitate the achievement of the Community s tasks They shall abstain from any measure which could jeopardize the attainment of the objectives of this Treaty

27 Enforcement general procedure General infringement procedure in case that a Member State fails to fulfil an obligation under the Treaties: Defined in Articles TFEU, May be launched either by the Commission or by another Member State The matter may be brought before the Court of Justice of the EU

28 Enforcement additional provisions, specific to Euratom Examples from the area of Safeguards: Article 82 (safeguards infringements of recording/accounting obligations): The Commission issues a directive calling the MS to take measures If MS fails to comply, the Commission may bring the matter immediately before the Court of Justice of the EU Article 83 (safeguards sanctions for infringements): Sanctions, by the Commission, against non-compliant undertakings: warnings, withdrawal of benefits, placing under administration, withdrawal of source materials or special fissile materials

29 Nuclear Safety Directive [Council Directive 2009/71/Euratom] Highlights of the Nuclear Safety Directive : gives binding legal force to international safety standards, which it reflects and enhances requires the adoption of a nuclear safety framework at national level ensures continuous assessment, verification and improvement of safety

30 Basic principles: Nuclear Safety Directive Broad definition of ''nuclear installation'' Obliges Member States to adopt a national framework to address nuclear safety Reinforces the role of national regulatory authorities Strengthens the responsibility of licence holders Requires regular assessment and verification of nuclear safety Promotes continuous improvement of nuclear safety

31 Nuclear Safety Directive Overall objective(s): To establish a uniform set of Community rules, in order to maintain and promote the continuous improvement of nuclear safety and its regulation To ensure that Member States shall provide for appropriate national arrangements, to protect workers and the general public against the dangers arising from ionizing radiations from nuclear installations

32 Nuclear Safety Directive Note: ''more stringent'' option left to MS: [...] does not prevent Member States from taking more stringent nuclear safety measures in the subject-matter covered by this Directive, in compliance with Community law [...]

33 From Fukushima to the update of the Nuclear Safety Directive The recent Commission proposal for a revised Nuclear Safety Directive: COM/2013/0715 final [currently discussed at Council]

34 Why a new directive? 2 mandates from the European Council after the Fukushima accident Carry out, together with ENSREG, EU-wide comprehensive risk and safety assessments of nuclear power plants ("stress tests") Review the legal and regulatory framework for the safety of nuclear installations and propose improvements Strong support for the revision of the 2009 Directive from the EP and the EESC

35 Main areas of amendment 1. Strengthening further the independence and role of national regulatory authorities 2. Transparency and public involvement 3. EU-wide safety objectives 4. Monitoring and exchange of experiences: European system of topical peer reviews

36 Overall objective: continuous improvement of nuclear safety Independent competent regulatory authority

37 Thank you for your attention!