Keywords

Summary



Keywords

1 . EAEC - DRAFT AGREEMENTS OR CONTRACTS OF THE MEMBER STATES - COMPATIBILITY WITH THE TREATY - ASSESSMENT BY THE COURT - EXTENT

( EAEC TREATY , THIRD PARAGRAPH OF ART . 103 )

2 . EAEC - SUPPLY ARRANGEMENTS - EXCLUSIVE RIGHT OF THE COMMUNITY - SPECIFIC EXCEPTIONS - SCOPE

( EAEC TREATY , ART . 52 ET SEQ .)

3 . EAEC - SUPPLY ARRANGEMENTS - ACCESS TO FISSILE MATERIALS - CONDITIONS LAID DOWN IN NATIONAL RULES AND REGULATIONS - REASONS OF PUBLIC POLICY AND PUBLIC HEALTH - COMPLIANCE THEREWITH BY THE COMMUNITY INSTITUTIONS - PURPOSE - LIMITS - RESPONSIBILITY OF THE COMMUNITY

( EAEC TREATY , ART . 195 )

4 . EAEC - NUCLEAR COMMON MARKET - NATURE - RELATIONSHIP WITH THE GENERAL COMMON MARKET - JURISDICTION OF THE COMMUNITY

( EAEC TREATY , ART . 92 ET SEQ .)

5 . EAEC - SAFEGUARDS - CONCEPT - EXTENT

( EAEC TREATY , ART . 77 ET SEQ .)

6 . EAEC - SECURITY PROVISIONS - PREVENTIVE MEASURES - JURISDICTION OF THE COMMUNITY - INTERNATIONAL COMMITMENTS ENTERED INTO BY MEMBER STATES ALONE - NOT PERMISSIBLE

( EAEC TREATY , ART . 77 ET SEQ .)

7 . EAEC - SYSTEM OF PROPERTY OWNERSHIP - THE COMMUNITY ' S RIGHT OF OWNERSHIP - MEANING

( EAEC TREATY , ART . 86 ET SEQ .)

8 . EAEC - TREATY - CONFERRING OF POWERS UPON THE COMMUNITY - CONSEQUENCES - INTERNATIONAL AGREEMENTS - UNILATERAL INTERVENTION OF THE MEMBER STATES - PROHIBITION - AUTONOMY OF THE COMMUNITY

9 . EAEC - INTERNATIONAL AGREEMENTS - MATTERS FALLING WITHIN THE JURISDICTION OF THE EAEC AND THAT OF THE MEMBER STATES - CONCLUSION OF SUCH AGREEMENTS BY THE COMMUNITY IN ASSOCIATION WITH THE MEMBER STATES - DIVISION OF POWERS WITH REGARD TO NEGOTIATION AND CONCLUSION

( EAEC TREATY , ARTS . 101 AND 102 )

10 . EAEC - INTERNATIONAL AGREEMENTS - IMPLEMENTATION GOVERNED BY THE PROVISIONS APPLICABLE TO THE DIVISION OF POWERS WITH REGARD TO CONCLUSION - APPLICATION OF THE GENERAL PROVISIONS OF THE TREATY

( EAEC TREATY , ARTS . 115 , 124 AND 192 )

Summary

1 . IT IS CLEAR FROM THE THIRD PARAGRAPH OF ARTICLE 103 OF THE EAEC TREATY THAT THE EXAMINATION BY THE COURT OF THE COMPATIBILITY OF A DRAFT AGREEMENT OR CONTRACT WITH THE PROVISIONS OF THE TREATY MUST TAKE ACCOUNT OF ALL THE RELEVANT RULES OF THE TREATY WHETHER THEY CONCERN QUESTIONS OF SUBSTANCE , OF JURISDICTION OR OF PROCEDURE .

2 . THE COMMUNITY HAS EXLUSIVE JURISDICTION IN THE FIELD OF NUCLEAR SUPPLY IN BOTH INTERNAL AND EXTERNAL RELATIONS , THE EXTENT OF WHICH IS DEFINED BY ARTICLES 52 TO 76 OF THE EAEC TREATY . EVEN IN THE CASE OF THE QUANTITIES OF FISSILE MATERIALS REMOVED FROM THE AMBIT OF THE PROVISIONS RELATING TO THE SUPPLY ARRANGEMENTS UNDER ARTICLES 62 ( 2 ), 74 AND 75 , THE COMMUNITY EXERCISES CLOSE SUPERVISION SO THAT THOSE PROVISIONS DO NOT CALL IN QUESTION THE PRINCIPLE OF ITS EXCLUSIVE RIGHT .

3 . ARTICLE 195 IS NOT INTENDED TO SETTLE THE QUESTION OF POWERS IN RELATIONS BETWEEN THE COMMUNITY AND THE MEMBER STATES ; ITS PURPOSE IS TO REQUIRE THE INSTITUTIONS OF THE COMMUNITY AS WELL AS THE SUPPLY AGENCY AND JOINT UNDERTAKINGS TO COMPLY WITH THE REQUIREMENTS LAID DOWN BY THE MEMBER STATES IN THEIR NATIONAL TERRITORY FOR REASONS OF PUBLIC POLICY OR PUBLIC HEALTH WITH REGARD TO THE CONDITIONS OF ACCESS TO FISSILE MATERIALS . ARTICLE 195 AS SUCH THEREFORE DOES NOT HAVE THE EFFECT OF LIMITING THE COMMUNITY ' S RIGHT AND OBLIGATION TO TAKE MEASURES TO GUARANTEE THE SECURITY OF THE MATERIALS AND INSTALLATIONS FOR WHICH IT IS ITSELF RESPONSIBLE , OR THE COMMUNITY ' S ABILITY TO ENTER INTO INTERNATIONAL COMMITMENTS TO THE SAME END .

4 . THE COMMUNITY HAS GENERAL RESPONSIBILITY FOR THE NORMAL FUNCTIONING OF THE NUCLEAR COMMON MARKET . REINSERTED IN THE CONTEXT OF THE EEC TREATY ARTICLE 92 ET SEQ . OF THE EAEC TREATY RELATING TO THE NUCLEAR COMMON MARKET APPEAR TO BE ONLY THE APPLICATION , IN A HIGHLY SPECIALIZED FIELD , OF THE LEGAL CONCEPTIONS WHICH FORM THE BASIS OF THE STRUCTURE OF THE GENERAL COMMON MARKET . LIKE THE EEC TREATY THE EAEC TREATY SEEKS TO SET UP , WITH REGARD TO MATTERS COVERED BY IT , A HOMOGENEOUS ECONOMIC AREA ; IT IS WITHIN THIS AREA FROM WHICH BARRIERS HAVE BEEN REMOVED THAT THE COMMISSION AND THE SUPPLY AGENCY ARE CALLED UPON TO EXERCISE THEIR EXCLUSIVE RIGHTS IN THE NAME OF THE COMMUNITY .

5 . THE SAFEGUARDS PROVIDED FOR IN CHAPTER VII OF THE EAEC TREATY RELATE TO ALL DIVERSIONS OF NUCLEAR MATERIALS ENTAILING A SECURITY RISK , THAT IS TO SAY THE DANGER OF INTERFERENCE WITH THE VITAL INTERESTS OF THE PUBLIC AND THE STATES . CONSEQUENTLY THERE CAN BE NO DOUBT THAT THE CONCEPT OF ' ' SAFEGUARDS ' ' WITHIN THE MEANING OF THE TREATY IS SUFFICIENTLY COMPREHENSIVE TO INCLUDE ALSO MEASURES OF PHYSICAL PROTECTION .

6 . THE EXERCISE OF THE COMMUNITY ' S POWERS IN RELATION TO SAFEGUARDS WOULD BE HINDERED AND THE RESPONSIBILITY WHICH IT ASSUMES IN THIS RESPECT WOULD BE SET AT NAUGHT IF THE MEMBER STATES UNDERTOOK , WITHOUT ITS PARTICIPATION , TO TAKE , FOR THE PURPOSES OF AN INTERNATIONAL CONVENTION RELATING TO THE PHYSICAL PROTECTION OF NUCLEAR MATERIALS , INSTALLATIONS AND TRANSPORT , A BODY OF PREVENTIVE MEASURES WHICH MAY ALSO INCLUDE MEASURES OF SUPERVISION OF USERS OF FISSILE MATERIALS WHICH ARE SUBJECT TO THE AUTHORITY OF THE COMMUNITY .

7 . THE SYSTEM OF PROPERTY OWNERSHIP DEFINED BY THE TREATY SIGNIFIES THAT , WHATEVER THE USE TO WHICH NUCLEAR MATERIALS ARE PUT , THE COMMUNITY REMAINS THE EXCLUSIVE HOLDER OF THE RIGHTS WHICH FORM THE ESSENTIAL CONTENT OF THE RIGHT OF PROPERTY . IN CONTRAST TO THE RIGHT OF USE AND CONSUMPTION WHICH , FOR THE PURPOSES OF ECONOMIC EXPLOITATION , IS DIVIDED BETWEEN MANY DIFFERENT HOLDERS , THE RIGHT OF OWNERSHIP OF FISSILE MATERIALS WAS CONCENTRATED BY THE TREATY IN THE HANDS OF A COMMON PUBLIC AUTHORITY , NAMELY THE COMMUNITY ; THEREFORE , IT IS THE COMMUNITY , AND THE COMMUNITY ALONE , WHICH IS IN A POSITION TO ENSURE THAT IN THE MANAGEMENT OF NUCLEAR MATERIALS THE GENERAL NEEDS OF THE PUBLIC ARE SAFEGUARDED IN ITS OWN FIELD .

8 . TO THE EXTENT TO WHICH JURISDICTION AND POWERS HAVE BEEN CONFERRED ON THE COMMUNITY UNDER THE EAEC TREATY IT MUST BE IN A POSITION TO EXERCISE THEM WITH UNFETTERED FREEDOM . THE MEMBER STATES , WHETHER ACTING INDIVIDUALLY OR COLLECTIVELY , ARE NO LONGER ABLE TO IMPOSE ON THE COMMUNITY OBLIGATIONS WHICH IMPOSE CONDITIONS ON THE EXERCISE OF PREROGATIVES WHICH THENCEFORTH BELONG TO THE COMMUNITY AND WHICH THEREFORE NO LONGER FALL WITHIN THE FIELD OF NATIONAL SOVEREIGNTY . TO THE EXTENT TO WHICH THE COMMUNITY IS TO BE BOUND TO COMPLY WITH AN INTERNATIONAL CONVENTION IN THE FIELD OF THE PHYSICAL PROTECTION OF NUCLEAR MATERIALS , INSTALLATIONS AND TRANSPORT IT IS NECESSARY THAT IT SHOULD ASSUME SUCH OBLIGATIONS ITSELF , THROUGH ITS OWN INSTITUTIONS .

9 . WHERE IT APPEARS THAT THE SUBJECT-MATTER OF AN AGREEMENT OR CONVENTION FALLS IN PART WITHIN THE POWER AND JURISDICTION OF THE COMMUNITY AND IN PART WITHIN THAT OF THE MEMBER STATES THERE ARE STRONG GROUNDS FOR USING THE PROCEDURE ENVISAGED BY ARTICLE 102 OF THE TREATY WHEREBY SUCH OBLIGATIONS MAY BE ENTERED INTO BY THE COMMUNITY IN ASSOCIATION WITH THE MEMBER STATES . IN THIS CONNEXION IT IS NOT NECESSARY TO SET OUT AND DETERMINE , AS REGARDS THE OTHER PARTIES TO THE CONVENTION , THE DIVISION OF POWERS IN THIS RESPECT BETWEEN THE COMMUNITY AND THE MEMBER STATES , PARTICULARLY AS IT MAY CHANGE IN THE COURSE OF TIME . IT IS SUFFICIENT TO STATE TO THE OTHER CONTRACTING PARTIES THAT THE MATTER GIVES RISE TO A DIVISION OF POWERS WITHIN THE COMMUNITY , IT BEING UNDERSTOOD THAT THE EXACT NATURE OF THAT DIVISION IS A DOMESTIC QUESTION IN WHICH THIRD PARTIES HAVE NO RIGHT TO INTERVENE .

10 . THE QUESTIONS CONNECTED WITH THE IMPLEMENTATION OF THE AGREEMENT OR CONVENTION MUST BE RESOLVED ON THE BASIS OF THE SAME PRINCIPLES AS GOVERN THE DIVISION OF POWERS WITH REGARD TO ITS NEGOTIATION AND CONCLUSION , TAKING ACCOUNT OF THE GENERAL PROVISIONS OF THE TREATY RELATING TO THE POWERS OF THE COUNCIL ( ARTICLE 115 ), TO THOSE OF THE COMMISSION ( ARTICLE 124 ) AND TO THE CO-OPERATION OF THE MEMBER STATES ( ARTICLE 192 ).