12 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
|
| Legal base | Article 101 EAEC; QMV
|
| Department | Trade and Industry
|
| Basis of consideration | Minister's letter of 29 June 2005
|
| Previous Committee Report | HC 42-xxxiv (2003-04) para 8 (27 October 2004)
|
| To be discussed in Council | No date set
|
| Committee's assessment | Legally and politically important
|
| Committee's decision | Cleared
|
Background
12.1 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.
12.2 The Convention on Assistance in the case of
a Nuclear Accident or Radiological Emergency was also adopted
by the IAEA 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. Like the other IAEA Convention mentioned
above, this Convention provides for accession by regional integration
organisations, the latter being required to deposit a declaration
indicating the extent of their competence.
12.3 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 nuclear accidents occurring in an establishment of the
Joint Research Centre[38]
established under Article 8 EAEC and its entitlement to request
assistance in the event of an accident occurring in such an establishment.
12.4 The previous Committee considered the proposed
Council Decisions providing for accession to these Conventions
on 27 October 2004. It noted that the Decisions would include
declarations of competence, as required by both Conventions in
the event of accession by a regional organisation such as the
Community. It noted the Commission's view that the competence
of Euratom was 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.
12.5 The previous Committee also noted the reference
by the Commission to Council Decision 87/600/Euratom,[39]
providing for Community arrangements (known as the ECURIE system)
for the early exchange of information in the event of a radiological
emergency, and the reference to Council Decision 2001/792/EC,
Euratom establishing a Community mechanism for cooperation in
civil protection including a monitoring and information centre.
These led the Commission to its conclusion that it was "essential
that the Community become party to the Convention in the same
way as its Member States" and 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".
12.6 The previous Committee considered the proposed
declaration of competence, which would have stated that the Community
shared competence with the Member States in respect of the notification
of radiological emergencies and in respect of assistance in the
event of a radiological emergency 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.
12.7 The previous Committee did not consider 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. By way of illustrating
the vagueness of such a declaration, the Committee referred to
the fact that the United Kingdom and France (along with China,
Russia and the United States) had undertaken to notify to the
IAEA under the Convention any nuclear accident involving nuclear
weapons and nuclear weapons tests, but noted that it could not
be inferred from the assertion of a shared competence in relation
to the notification of radiological emergencies that the Community
had any competence in relation to notifications involving nuclear
weapons. That Committee held the documents under scrutiny pending
an account by the Minister of the outcome of his efforts to secure
a more precise specification of the areas covered by Community
competence.
The Minister's reply
12.8 The letter of 29 June 2005 from the Minister
for Energy at the Department of Trade and Industry (Mr Malcolm
Wicks) addresses these concerns. The Minister shares the Committee's
concerns about the generalised wording of the draft declarations
of competence in relation to these Conventions, but explains that
the United Kingdom has not been able to secure any more precision
in the declarations themselves. The Minister further explains
that the Conventions do not call for any declarations on an Article-by-Article
basis and are regarded as essentially procedural in nature. The
Minister points out that the Commission was not willing to concede
this point of principle and that there has been almost no support
or encouragement from other Member States for greater precision
in the draft declarations, and there is no prospect of gaining
such support.
12.9 The Minister further explains that significant
and helpful progress has nevertheless been made in the negotiations.
First, a Council document has been prepared which contains an
indicative list of the Articles of the Conventions in respect
of which the Community is considered to have functions and an
analysis of the way in which it is considered that tasks under
the Convention are to be shared between the Community and the
Member States. The Minister considers this helpful in indicating
an understanding about the extent of competence which is shared
with the Member States.
12.10 Secondly, a Council minutes statement has been
drafted which provides that the declarations of competence are
without prejudice to the exact nature and sharing of Community
and Member States competences, and any further analysis of the
matter. With regard to the example which the previous Committee
used to illustrate its concerns about the declaration of competence
(namely the risk of inferring a Community competence to notify
accidents involving nuclear weapons), the Minister refers us to
a recent case before the European Court of Justice (Case C-61/03
Commission v. United Kingdom - judgment of 12 April 2005).
In that case, which concerned the decommissioning of the 'Jason'
reactor at the Royal Naval College at Greenwich, the Court confirmed
that the Euratom Treaty does not apply to uses of nuclear energy
for military purposes.
12.11 The Minister concludes that, although the UK
has not been able to secure the kind of declaration of competence
it would have preferred, the Government believes that the texts
which have been negotiated give sufficient comfort for the UK
to be able to agree to Euratom accession to the Conventions.
Conclusion
12.12 We thank the Minister for his helpful reply.
We support the Minister's assessment that the existing position
on competence is sufficiently preserved, particularly having regard
to the recent ECJ judgment in the Jason reactor case, by
the texts which have been negotiated.
12.13 We therefore clear the document.
38 The Joint Research Centre has establishments in
Ispra (Italy), Karlsruhe ( Germany) , Petten (the Netherlands)
and Geel (Belgium). Back
39
OJ No L 371, 30.12.1987, p.76. Back
| 
