8 International Atomic Energy Agency
Conventions on nuclear accidents
| (25914)
11911/04
COM(04) 560
| Draft Council Decision approving the conclusion of the Convention on Early Notification of a Nuclear Accident
Draft Council Decision approving the conclusion of the Convention on Assistance in the case of a Nuclear Accident or Radiological Emergency
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| Legal base | Article 101 EAEC; QMV
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| Document originated | 16 August 2004
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| Deposited in Parliament | 2 September 2004
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| Department | Trade and Industry
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| Basis of consideration | EM of 30 September 2004
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| Previous Committee Report | None
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| To be discussed in Council | No date set
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| Committee's assessment | Legally and politically important
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| Committee's decision | Not cleared; further information requested
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Background
8.1 The Convention on Early Notification of a Nuclear Accident
was adopted by the General Conference of the International Atomic
Energy Agency (IAEA) on 26 September 1986. The purpose of the
Convention is to ensure that information relating to a nuclear
accident is communicated as early as possible to countries which
may be physically affected, so that the transboundary radiological
consequences may be minimised. The Convention is open to accession
by international organisations and regional integration organisations
(such as the European Atomic Energy Community — Euratom).
Where there is such an accession, the Convention requires the
acceding organisation to deposit a declaration indicating the
extent of its competence in respect of the matters covered by
the Convention.
8.2 The Convention on Assistance in the case of a
Nuclear Accident or Radiological Emergency was also adopted by
the General Conference of the International Atomic Energy Authority
on 26 September 1986. The Convention provides for a cooperation
framework between the parties and with the IAEA to facilitate
rapid assistance in the event of a nuclear accident or a radiological
emergency. As with the other IAEA Convention mentioned above,
this Convention provides for accession by regional integration
organisations, with the latter being required to deposit a declaration
indicating the extent of their competence.
8.3 Although the Commission notified the IAEA in
1991 of its intention to apply both Conventions on a provisional
basis pending the accession of the Community, there has been no
formal accession. The Commission declared to the IAEA its intention
to notify it of nuclear accidents occurring in an establishment
of the Joint Research Centre[13]
established under Article 8 EAEC and its entitlement to request
assistance in the event of an accident occurring in such an establishment.
This followed the adoption by the Council in 1987 of Decisions
approving the conclusion of the two Conventions.
The proposed Council Decisions
8.4 The Commission proposes new Council Decisions
to repeal the Council Decisions taken in 1987, which would now
include declarations of competence as is required by both Conventions
in the event of accession by a regional organisation such as the
Community. In the Commission's view, the competence of Euratom
is wider than was suggested by the earlier declarations to the
IAEA, since it is not limited to accidents which may occur in
the various establishments of the Joint Research Centre.
8.5 In this regard, the Commission points out that
these declarations did not take account of Council Decision 87/600/Euratom[14]
which provides for Community arrangements for the early exchange
of information in the event of a radiological emergency, known
as the ECURIE system. This system is described as being comparable
to the arrangements under the IAEA Conventions, and has been extended
by agreements with Bulgaria, Romania, Switzerland and Turkey.
8.6 The Commission also refers to Council Decision
2001/792/EC, Euratom, which establishes a Community mechanism
for cooperation in civil protection and provides for a monitoring
and information centre. According to the Commission, the Member
States may call on this centre to inform other Member States and
request their assistance, irrespective of the type of emergency
involved.
8.7 The Commission argues that in view of the links
it has established with the IAEA and its close cooperation with
that body, it is "essential that the Community become party
to the Convention in the same way as its Member States and the
third countries who have entered into an agreement to participate
in the Community system". The Commission further argues that
"the Community shares and exercises with its Member States
true competence in the field, which cannot be limited solely to
the activities of the JRC establishments".
8.8 On this basis, the Commission proposes a declaration
in respect of the IAEA Convention on early notification of nuclear
accidents which would state that "the Community shares competence
with its Member States in respect of the notification of radiological
emergencies on the basis of Article 2(b) and of the relevant provisions
of Title II, Chapter 3 'Health and Safety' of the Treaty establishing
the European Atomic Energy Community". A similar declaration
is proposed in respect of the IAEA Assistance Convention. This
would refer to competence being shared with the Community "in
respect of assistance in the event of a radiological emergency"
and would also refer to Article 2(b) and Title II Chapter 3 of
the EAEC. These declarations would be deposited with the instruments
of accession by the Community to the two Conventions.
The Government's view
8.9 In his Explanatory Memorandum of 30 September
2004 the Minister for Energy and E-Commerce at the Department
of Trade and Industry (Mr Mike O'Brien) explains that by virtue
of the ECURIE notification system and the evolution of the Community's
Basic Safety Standards during the 1990s it is now readily accepted
by all Member States that emergency preparedness is an area of
shared Community competence which for Euratom extends well beyond
responsibility for the management of its Joint Research Centre.
The Minister states that the Government does not think that any
adverse consequences would flow from Euratom accession to the
IAEA Conventions alongside the broader declarations of competence
which the Commission has proposed.
8.10 The Minister further explains that EC Member
States which are also parties to the IAEA Conventions are required
to inform both organisations of an accident and considers that
close relationships between the two organisations should be beneficial.
The Minister comments that with Community accession to the Convention
on early notification, the Commission should have a better platform
for negotiating with the IAEA on arrangements for closer links
between ECURIE and the IAEA system.
8.11 On the declarations of competence, the Minister
notes that the Commission considers it sufficient to refer to
the existence of shared competence with Member States and that
the declarations are drafted in very general terms. The Minister
informs us that in the detailed negotiations in the Council working
group the Government will see what scope there is to specify more
precisely the areas covered by Community competence.
Conclusion
8.12 There are clearly grounds which would justify
in principle the accession by the European Atomic Energy Community
to these two IAEA Conventions. We also accept that Community competence
may now extend more widely than the management of the facilities
of the Joint Research Centre.
8.13 Nevertheless, we do not think it appropriate
for the declaration of competence simply to refer to the existence
of a shared competence in relation to the notification of radiological
emergencies, or assistance in such an event. To take an extreme
example, the United Kingdom and France (along with China, Russia
and the United States) have undertaken to notify to the IAEA under
the Convention any nuclear accident involving nuclear weapons
and nuclear weapons tests, but we assume that it is not to be
inferred from the assertion of a shared competence in relation
to the notification of radiological emergencies that the Community
has any competence in relation to notifications involving nuclear
weapons.
8.14 We shall therefore look forward to an account
by the Minister of the success of his efforts to secure a more
precise specification of the areas covered by Community competence.
8.15 We shall hold the document under scrutiny
in the meantime.
13 The Joint Research Centre has establishments in
Ispra (Italy), Karlsruhe ( Germany) , Petten (the Netherlands)
and Geel (Belgium). Back
14
OJ No. L 371, 30.12.1987, p.76. Back
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