PRESS RELEASE No 98/02
10 December 2002
Judgment of the Court of Justice in Case C-29/99
Commission of the European Communities v Council of the European Union
THE COURT HAS ANNULLED IN PART THE DECLARATION OF ACCESSION
OF THE EUROPEAN ATOMIC ENERGY COMMUNITY (EAEC OR EURATOM)
TO THE NUCLEAR SAFETY CONVENTION, WITH REGARD TO THE SCOPE OF
THE EAEC'S COMPETENCES IN THE FIELD
The Council should have mentioned in the declaration all the competences of the EAEC in
the fields covered by the Convention
The Convention on Nuclear Safety was adopted in 1994 by a diplomatic conference convened
by the International Atomic Energy Agency. It was also ratified by all the Member States and
entered into force in 1996. Its objectives are, inter alia, to establish a high level of nuclear safety
worldwide and effective defences against radiological hazards in nuclear installations, and to
prevent radiological accidents. The Convention requires international organisations which are
parties to it to communicate to the depositary what their competences are in the field of the
Convention itself.
Under the Euratom Treaty, the Council adopted in 1998 a decision approving accession to the
Nuclear Safety Convention.
The Commission applied to the Court of Justice for annulment in part of that decision inasmuch
as it does not refer to all the competences of the EAEC in the fields covered by the Convention.
The Court has observed that when the Council, in accordance with Article 101 of the Euratom
Treaty, approves accession to an international convention without any reservation, it must respect
the conditions for accession laid down by that convention. Under the Convention on Nuclear
Safety, the Council is required to communicate to the depositary a full declaration of
competences.
Since the Euratom Treaty does not contain a title relating to installations for the production of
nuclear energy, the Court has stated that the outcome of the proceedings depends on the
interpretation of the provisions of the Euratom Treaty relating to health and safety.
The Court has pointed out that it interpreted those provisions broadly in the past, in order to give them practical effect. The Court has concluded that it is not appropriate to draw an artificial distinction between the protection of the health of the general public and the safety of sources of ionising radiation.
In the light of that finding, the Court has analysed whether the fields covered by the Convention
are covered - at least in part - by the competences of Euratom.
The Court has found that in the fields relating to:
- the establishment of a legislative and regulatory framework to govern the safety of
nuclear installations;
- measures relating to the assessment and verification of safety;
- emergency preparedness;
- the siting of a nuclear installation; and
- the design, construction and operation of nuclear installations,
Euratom possesses competences under the Treaty. Those should have been mentioned in the
declaration attached to the Council decision approving the EAEC's accession to the Convention.
Consequently, the Court has annulled the Council declaration in so far as the articles of the
Convention in respect of which Euratom has competence are not mentioned in the
declaration of accession.
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