Brussels, 04/04/2016 (Agence Europe) - Complementing its new nuclear illustrative programme (PINC) which was unveiled on Monday 4 April, the Commission presented a recommendation to member states, calling on them to seek its opinion on agreements with third countries (intergovernmental agreements, IGAs) on nuclear matters before concluding them.
This recommendation, which relates to Article 103 of the Euratom Treaty, aims to make that process more efficient by clarifying the key aspects and requirements that member states have to take into account when negotiating such agreements, in particular regarding the new directives on nuclear safety and the safe management of spent fuel and radioactive waste. The application of this recommendation should reduce the need for the Commission to object to the conclusion of agreements, and thereby reduce the risk of delay in their conclusion, the Commission says in a press release.
Under the terms of Article 103 of the Euratom Treaty, member states are required to communicate to the Commission draft agreements or contracts with a third state, an international organisation or a national of a third state to the extent that such agreements or contracts concern matters within the purview of this treaty, compliance with which is monitored by the Commission. If a draft agreement or contract contains clauses which impede the application of the Euratom Treaty, the Commission must, within one month of receipt of such communication, make its comments known to the state concerned.
The state must not conclude the proposed agreement or contract until it has satisfied the objections of the Commission or complied with a ruling by the Court of Justice of the EU, adjudicating urgently upon an application from the state, on the compatibility of the proposed clauses with the provisions of the treaty. An application may be made to the Court of Justice of the EU at any time after the state has received the Commission's comments.
Hitherto, Article 103 of the Euratom Treaty has been deemed to be self-executing. However, with the progressive development of the Euratom acquis, member states have had to take into account an increasing number of Euratom requirements when negotiating their agreements. Some of these requirements, such as those contained in Council Directive 2011/70/Euratom on nuclear waste, are of particular relevance in the context of external relations, the Commission states. (Original version in French by Emmanuel Hagry)